Friday, April 16, 2010

Pakistani ISI may have been behind Bhutto assassination

Bhutto assassination is now linked to the U.S.-supported Musharraf regime.

More evidence of a "deep state" apparatus, aided and abetted by U.S. intelligence, has emerged not in Turkey but in Pakistan, another longtime U.S. ally. The United Nations, in a report titled "Report of the United Nations Commission of Inquiry into the facts and circumstances of the assassination of former Pakistani Prime Minister Mohtarma Benazir Bhutto," lays blame for the assassination at the feet of the U.S.-supported Pakistani government at the time and President Pervez Musharraf.

The report states: "The responsibility for Ms Bhutto’s security on the day of her assassination rested with the federal Government, the government of Punjab and the Rawalpindi District Police. None of these entities took the necessary measures to respond to the extraordinary, fresh and urgent security risks that they knew she faced.

The federal Government under General Musharraf, although fully aware of and tracking the serious threats to Ms. Bhutto, did little more than pass on those threats to her and to provincial authorities and were not proactive in neutralizing them or ensuring that the security provided was commensurate to the threats. This is especially grave given the attempt on her life in Karachi when she returned to Pakistan on 18 October 2007."

After her assassination, the Pakistani government, the Bush administration, and the corporate media blamed the usual suspects, "the Taliban and Al Qaeda," for Mrs. Bhutto's murder. The UN Report puts a rest to that notion and goes a long way into describing the operations of another "deep state" network in Pakistan.

Click here for download of UN Report.

After Bhutto's assasination, WMR reported on Pakistani government and U.S. intelligence links to the "hit operation."

SPECIAL REPORT. The hidden hands behind the Thomas Drake indictment

SPECIAL REPORT. The hidden hands behind the Thomas Drake indictment

There is much more to the Obama administration's indictment on April 15 of former NSA senior executive Thomas Drake by the US Attorney for Maryland, Rod Rosenstein, a Bush holdover who has brought similar politically-motivated criminal charges against other NSA personnel. Drake is charged with ten criminal counts, including leaking classified information to a newspaper. WMR can confirm the paper is The Wall Street Journal and the reporter at the Journal who received Drake's information is Siobhan Gorman, who was also subject to electronic surveillance by the NSA and FBI while she was with the Journal and previously, The Baltimore Sun. Other charges brought against Drake, who continued to work for the NSA as a contractor after stepping down as an NSA executive, include obstruction of justice and making false statements to a federal law enforcement official.

Since leaving his executive position with the NSA, Drake has served as President and Chief Operating Officer of National Technologies Associates, Inc. of Alexandria, Virginia. The firm has revenues of $50 million and employs 600 people. Before NSA, Drake was an information technology and management consultant with Coastal Research & Technology, Inc. (CRTI).

While at NSA, Drake worked in the Signals Intelligence Division (SID), the group responsible for eavesdropping on foreign communications and, since the advent of warrantless domestic surveillance, domestic U.S. communications, as well.

WMR can report that as part of the Drake investigation, Gorman and the Wall Street Journal were subject to STELLAR WIND, warrantless wiretapping, as late as last year. The surveillance began when Gorman wrote a series of articles between 2006 and 2007 on NSA contracting cost overruns and mismanagement, information that was first reported by WMR in 2005.

From WMR, May 27, 2005: Up to now, little has been reported on how the Bush administration’s disastrous intelligence policies have affected the super secret National Security Agency (NSA). According to NSA insiders, the chief U.S. signals intelligence (SIGINT) collection agency has been wracked by much of the same internal feuding, senior management failures, and external political pressure that have plagued other U.S. intelligence agencies, including the CIA, FBI, Defense Intelligence Agency, National Geo-spatial Intelligence Agency, and National Reconnaissance Office. Drake's prosecution by the Obama administration represents a continuation of a "witch hunt" by NSA and its Stasi-like Security unit, the "Q Group," to plug all leaks from the signals intelligence and cyber-warfare agency even if the information provided to the media concerns criminal conduct like contract fraud, sexual misconduct, illegal surveillance of American citizens, and illegal "sneak an peek" break-ins of the homes of NSA employees and contractors by NSA Q Group personnel and FBI agents.

NSA insiders lay blame for the problems at NSA’s Fort Meade, Maryland headquarters squarely on the shoulders of agency Director Air Force General Michael V. Hayden and his small coterie of close advisers, a few of whom have no substantive intelligence background. Hayden has been NSA Director since March 1999, the longest tour for any NSA Director. Not only did the White House extend Hayden’s NSA tour, but also nominated him to be the first Deputy Director of National Intelligence, where he will serve under John Negroponte.

Hayden’s reign at NSA has been marked by the emaciation of the career civilian corps through forced retirements and resignations, outsourcing of government positions to contractors, intimidation, forced psychiatric and psychological examinations for "problem" employees, increased work loads for shift personnel with no personnel augmentation, unreasonable personal searches by security personnel, and withholding salary increases for career personnel. A number of NSA employees are suffering from stress and fatigue and that is adversely affecting their job performance.

One of the most pervasive operational problems at NSA stems from the fact that when newly trained civilian and military linguists, analysts, and other operational personnel arrive at NSA for duty and are integrated into various operational work centers, they are soon quickly transferred to Iraq. This puts an inordinate workload on the career civilian NSA personnel . . .

Career NSA personnel claim that their most senior member, Deputy Director of NSA William B. Black, Jr., shows little interest in their plight. One long-time NSAer said Black often nods off at Hayden’s staff meetings. In 2000, Black, a retired NSA employee with 38 years of service, was rehired by Hayden from Science Applications International Corporation (SAIC) to be his deputy. Hayden’s selection of Black from outside the agency was considered a slap in the faces of those line NSA officers who would have been normally considered next in line for promotion to the much-coveted post. That slight began to severely affect agency morale a little over a year before the September 11, 2001 terrorist attacks on New York and Washington.

After 911 and subsequent revelations that NSA had intercepted two Arabic language phone calls on September 10, 2001 ("Tomorrow is zero hour" and "The match is about to begin") that indicated an imminent attack by Al Qaeda but failed to translate and analyze them in a timely manner to be effective, Hayden was looking for scapegoats. According to NSA insiders, he found one in Maureen A. Baginski, the Director of NSA’s Signals Intelligence (SIGINT) Directorate. According to the NSA insiders, Baginski, a 27-year NSA veteran and Russian and Spanish linguist, was set up for a fall by Hayden and his team. In 2003, Baginski was named Executive Assistant Director of the FBI for Intelligence. According to NSA sources, it was Baginski who carried out Hayden's directives that farmed out many Fort Meade functions to other facilities. Another Hayden project, "Groundbreaker," the outsourcing of NSA functions to contractors, has also been used by Hayden’s advisers to assign blame for the 911 failures at NSA. According to NSA insiders, Groundbreaker has been a failure . . .

Another one of Hayden's projects that has been criticized by the NSA rank-and-file is "Trailblazer," the program to modernize NSA's SIGINT systems. For example, operators in U.S. electronic warfare aircraft rely on NSA to provide accurate electronic intelligence (ELINT) data in order to program their radar warning receivers and jamming pods. However, NSA data, provided from two databases known as EPL (Emitter Parameter List) and "Kilting." 70 percent of NSA's ELINT data is 30 years old. NSA management has forced field operators to use raw ELINT intercept data, culled from a database called "Wrangler," to program their ELINT systems. NSA operations and software engineers believe this function should be handled by NSA and not the "warfighters." Updated ELINT data is handled by ELINT Technical Reports or "ELTs." In 2003, the year the Iraq war started, there were 938 ELTs submitted on new emitter data. However, there were only 200 updates made to the ELINT databases.

The failure to update the ELINT databases may have had disastrous consequences in Iraq. For example, EPL and Kilting do not contain data on air traffic control radars and microwave communications links. Because current ELINT systems cannot differentiate between commercial signals and hostile target tracking emitters, U.S. forces in Iraq have launched attacks on non-threat targets in the belief they were hostile. NSA sources report that many of the cases of fratricide in Iraq has been due to faulty or old ELINT data. For example, the failure by NSA to update ELINT data and provide emitter parameter data to warfighting units led to the accidental shootdown by a Patriot missile of a British Royal Air Force Tornado fighter in March 2003 near the Iraqi-Kuwaiti border at the outset of the Iraq campaign. Two British crew members were killed. The ELINT data used by the Patriot misidentified the Tornado as an enemy missile and the U.S. Army blamed the British crew for the mistake, claiming they failed to switch on its Identification Friend or Foe (IFF) equipment. NSA insiders claim that allegation was false. They claim that "blue signals" (friendly) are not adequately included in the emitter data sent to field units by NSA and that claims by the Pentagon that the Tornado was shot down due to pilot error were false.

In other incidents, the radar warning receivers (RWRs) on U.S. F-16s flying over Iraq have either evaded or fired AMRAAM (Advanced Medium-Range, Air-to-Air) missiles on microwave communications towers because the microwave signals were identified as threat emitters from hostile aircraft. U.S. jammers are also adversely affected by the failure to update ELINT data.

In fact, many of NSA's developmental ELINT systems, with cover names like Beikao, Boomvang, Canyondust, Cape Lookout, Chartvein, Eagle Reach, Galaxydust, Harpstring, Hokusai, Irish Den, Jetavator, Monocle, Needleice, Platoonwolf, Quadrunner, Radiant Spruce II, Roman Alliance, Seadiver, Shadowboxer, Sharkbite, Shiloh, Starquake, Stouthearted,and Sunbeaver are not found in the master NSA ELINT project database, which also has a cover name: Brasscoin.

Many of NSA's other SIGINT systems are in the same conundrum. Rather than simplify and modernize NSA's SIGINT development and deployment, Trailblazer has done nothing to modernize or cut acquisition costs. In a suspicious move by NSA, the Trailblazer contract was sole-sourced to SAIC, the firm from which Hayden hired his deputy director. As with Groundbreaker, Trailblazer's contractors consist of a team led by a prime contractor. Trailblazer's team overlaps with Groundbreaker -- companies like CSC and Northrop Grumman are also found on the Trailblazer team. Booz Allen Hamilton and Boeing are also on the SAIC team. According to NSA officers, one SAIC official left the firm to work for Hayden at NSA during the time the Trailblazer bidding process was underway. The individual then returned to SAIC as a senior vice president, according to NSA sources. NSA employees, upset about the control that SAIC now has over the agency, refer to NSA as "NSAIC." . . .

At his Senate Select Intelligence Committee nomination hearing for Deputy Director of National Intelligence, Hayden confirmed that Trailblazer was over budget and behind schedule. He told the committee that Trailblazer's "cost was greater than anticipated in the tune, I would say, in hundreds of millions." Hayden confirmed the report of the joint congressional committee that probed the 911 intelligence failures that Trailblazer was several years behind schedule. NSA sources claim that Trailblazer is at least five years behind schedule and $600 million over budget.

However, the career NSA operational personnel may be getting squeezed not so much for policy and management differences but because of what they know about the lies of the Bush administration. In addition to the obvious lies about Iraqi WMDs, many personnel are well aware that what occurred on the morning of 911 was not exactly what was reported by the White House. For example, President Bush spoke of the heroic actions of the passengers and crew aboard United Flight 93 over rural Pennsylvania on the morning of 911. However, NSA personnel on duty at the NSOC that morning have a very different perspective. Before Flight 93 crashed in Pennsylvania, NSA operations personnel clearly heard on the intercom system monitoring military and civilian communications that the "fighters are engaged" with the doomed United aircraft. NSOC personnel were then quickly dismissed from the tactical area of the NSOC where the intercom system was located leaving only a few senior personnel in place. NSA personnel are well aware that Secretary of Defense Donald Rumsfeld did not "misspeak" when, addressing U.S. troops in Baghdad during Christmas last year, said, "the people who attacked the United States in New York, shot down the plane over Pennsylvania." They believe the White House concocted the "passengers-bring-down-plane" story for propaganda value.

Morale at NSA has plummeted from repeated cover-ups of serious breaches of security by senior officials. While rank-and-file employees are subjected to abusive psychological and psychiatric evaluations for disagreeing with summary intelligence reports provided to outside users or "consumers" and even for more mundane matters, others are given a pass. Ironically, one of the psychiatrists used by NSA to evaluate problem or disgruntled employees was recently found by police to be growing marijuana at his home in Crofton, Maryland.

In 2008, NSA and FBI surveillance of current and former NSA and Justice Department employees who were suspected of leaking information to the press about the NSA's super-classified STELLAR WIND warrantless digital surveillance program, called the "Terrorist Surveillance Program" by the Justice Department, was stepped up.

On March 10, 2008, Gorman wrote an article for the Journal titled, "NSA's Domestic Spying Grows As Agency Sweeps Up Data." Gorman wrote:

"According to current and former intelligence officials, the spy agency now monitors huge volumes of records of domestic emails and Internet searches as well as bank transfers, credit-card transactions, travel and telephone records. The NSA receives this so-called 'transactional' data from other agencies or private companies, and its sophisticated software programs analyze the various transactions for suspicious patterns. Then they spit out leads to be explored by counterterrorism programs across the U.S. government, such as the NSA's own Terrorist Surveillance Program, formed to intercept phone calls and emails between the U.S. and overseas without a judge's approval when a link to al Qaeda is suspected."

The previous year, as WMR reported in May 12, 2009, former Justice Department prosecutor Thomas Tamm's home was invaded by a SWAT team of federal agents:

In 2007, Tamm's home in Potomac, Maryland was raided by zealous FBI agents who suspected him of leaking details of the so-called "Terrorist Surveillance Program" (TSP) to journalists. Tamm tried to inform Congress about the illegal program but was rebuffed by, among others, the ranking Democrat on the House Judiciary Committee, Representative John Conyers (D-MI).

At the time of its inception after 9/11, the TSP or as NSA and the Oval Office referred to it, "Stellar Wind," was so classified that only the Attorney General and one other person in the Justice Department knew about it. The TSP totally bypassed the Foreign Intelligence Surveillance Act (FISA) warrants that the OIPR prepared for approval by the Foreign Intelligence Surveillance Court (FISC). U.S. Judge James Robertson was so incensed about the bypassing of the FISC, he resigned from it in protest on December 20, 2005. U.S. Judge Royce Lamberth, nominated by President Ronald Reagan and who served as Presiding Judge of the FISC until 2002, was also adamantly opposed to TSP and its systematic bypassing of his court.

WMR's report continued: Tamm was also the first person within Justice who corroborated what NSA personnel were reporting about the agency conducting illegal data mining. One of those individuals was NSA employee Russell Tice, who was also subjected to an FBI investigation and government harassment.

Although the govenrment employees who brought attention to the high-level criminality involving the TSP/Stellar Wind were and, in some cases like that of Tamm, are still being investigated, no criminal investigations were brought against the telecommunications companies that participated in the criminal conspiracy to spy on Americans illegally. In fact, Congress gave the telecommunications firms immunity from lawsuits and prosecution as a result of a deal worked out with the Bush administration. One of those senators who voted for the immunity deal is Barack Obama.

After the FBI conducted interviews of all OIPR employees in their quest for the leaker, on August 1, 2007, 12 government vehicles pulled in front of Tamm's home in Potomac, Maryland. Eighteen armed federal agents wearing body armor stormed into Tamm's home while his wife was cooking breakfast. Tamm was removed from his home by the agents who spent seven hours going through his and his family's property. The FBI agents even asked Tamm if there were any "secret rooms" in his house. They also inquired about any weapons in the house and whether he had been visited at home by reporters from The New York Times.

The agents tore through every room, awakening Tamm's son and daughter. The agents seized all the lap top computers, including those of Tamm's children, and a 10-year old lap top. Also seized were the Tamm family's Christmas card list and a calendar with doctors appointments.

After two days, Tamm was offered a deal that he could plead guilty to a felony in return for his testifying against journalists, including the New York Times' James Risen, and their sources at the NSA. Three days later Michael Isikoff of Newsweek phoned Tamm -- someone had leaked information about the FBI raid to Isikoff. Tamm's identity as a source about the TSP was revealed by Isikoff in the December 22, 2008, issue of Newsweek.

In 2008, one of WMR's sources discovered that his home had been broken into and anything that could store digital data had been stolen: laptops, digital cameras, USB fthumb drives, etc. Moreover, relatives of the individual discovered that the lock to their home had been drilled out in what was an obvious "black bag" sneak and peel operation.

That same year, this editor discovered that the lock to his apartment door at Potomac Towers in Arlington, Virginia had been drilled out by a circular saw drill bit that drilled around the lock cylinder. When the apartment maintenance man was called to check the lock, he discovered the fragments of the lock pins scattered on the floor at the base of the door. He stated at the time that he had never experienced anything like it in the past.

FBI and NSA surveillance of people affiliated with NSA continued through last week, with this editor and one of his sources being tailed in 2009 in the suburban Maryland suburbs of Washington, DC and an additional tail of a source being conducted last week in Annapolis, Maryland.

The indictment of Drake in reminiscent of the case brought against former NSA signals intelligence (SIGINT) analyst Ken Ford, Jr. in 2006. In March 2006, Ford was sentenced to six years in prison in a case replete with prosecutorial and judicial misconduct by Rosenstein, Assistant US Attorney David Salem, and US Judge Peter Messitte. On April 30, 2007, WMR reported: "Ford was set up in a clumsy Justice Department, FBI, and NSA Security Division operation to punish him for his May 2003 signals intelligence (SIGINT) analysis report that concluded, based on intercepts of Iraqi communications, there was no truth to the Bush administration’s claim that there were weapons of mass destruction in Iraq. Ford’s report, with his name and that of his supervisor on it, ended up on Vice President Dick Cheney’s desk. From that time on, Ford was a marked man for the neo-con cabal operating within the White House, Justice Department, Pentagon, and US Intelligence Community senior staff."

At one point during Ford's trial, Messitte called Ford to his bench and asked him if he had spoken to this editor. Ford replied that he had not, whereupon Messitte asked, "Is Mr. Madsen in the court room?" I was not present at the time but I was later told by an informed source that Messitte was prepared to call me to the stand to be asked about the sources of my stories on the case. Such a development would have required me to invoke my First Amendment rights, as the press is the only occupation identified by name in the Bill of Rights as being protected. There was a risk of a contempt ruling and possible federal prison had I been present during Messitte's "kangaroo court" proceedings.

Ford continues to serve his six year sentence at Lewisburg federal prison in Pennsylvania. Attorney General Eric Holder was sent a letter by Ford's parents on November 18, 2009, calling for the appointment of a special posecutor in the case against their son. To date, Holder has not responded to the letter.

The letter follows:

November 18, 2009



Honorable Eric H. Holder. Jr.

Attorney General of the United States

Honorable David W. Ogden

Deputy Attorney General of the United States

950 Pennsylvania Avenue, N.W.

Washington, D.C. 2053 0-0001

United States v. Kenneth Wayne Ford. Jr.

Criminal Case No(s): 04-cr-l l8JKS, 05-cr-0098PJM and 05-cr-0235PJM

Messrs. Holder and Ogden:

In the interest of justice, we, the parents of Kenneth Wayne Ford, Jr., ("hereafter Mr. Ford") request an immediate appointment of Special Counsel to investigate unwarranted prosecutorial misconduct, vehement malicious persecution and prosecution of Mr. Ford under the Espionage Act §793 (e) - Gathering, Transmitting or Losing Defense Information. On Wednesday, September 23,2009, President Obama mandated that DOJ establishes New State Secrets Policies and Procedures.1

President Obama's implementation of State Secrets and Policies encompasses matters in this case. Prosecutors knowingly and willfully engaged in conduct involving dishonesty, fraud, deceit and misrepresentation throughout this case and trial. Mr. Ford was convicted under 793(e) - Espionage and 1801 - Making A False Statement On A Government Form. Mr. Ford was sentenced to 6 years in prison for Count 1 and 3 years in prison, to be served concurrently with Count 1, for Count 2. After imprisonment, Mr.


1 “It sets out clear procedures that will provide greater accountability and ensure the state secrets privilege is invoked only when necessary and in the narrowest way possible...” Attorney General Eric Holder September 23, 2009

Ford is to be on probation for 3 years. He also was ordered to pay a $200.00 assessment. Mr. Ford began serving this unjust prison sentence on May 16. 2006. He has been in prison for over 3 years and 6 months for doing absolutely nothing, except being a patriotic American and a good person.

Not only is Mr. Ford innocent, but nothing happened. This case is totally fabricated by the FBI and all involved, specifically the prosecutors and judge know it. Mr. Ford is a victim of a hate crime, a malicious prosecution and a tragic rush to jail an innocent man. See North Carolina v. Seligmann 06-cr-4332-33 (Dismissed 4/712007), Franks v. Delaware, 438 U.S. 154 (1978) and Brady v. Maryland, 373 U.S. 83 (1963). These cases demonstrate that 'false' arrest can happen to anyone - as in the matter of distinguished Harvard professor Henry Louis Gates, Jr., one of the nation's pre-eminent African-American scholars, falsely arrested in his own home.

A. Prosecutors Willfully Witheld Exculpatory Evidence From Defense

DOJ prosecutors repeatedly invoked state secret privileges, suppressed evidence as classified and deliberately withheld from Mr. Ford's defense exculpatory FBI Search Warrant Affidavits for well over 19 months. Ultimately, these search warrant affidavits were suppressed from Mr. Ford's trial. We have recently discovered that these affidavits have never been filed and are not apart of Mr. Ford's official court file.

On December 15, 2005, United States Attorney For The District of Maryland Rod J. Rosenstein and Criminal Division Assistant Attorney General Alice Fisher issued a press release in Mr. Ford's case, which stated in part, that: (Though there was conflicting evidence of what Ford intended to do with the classified information - the jury's verdict demonstrates that it was satisfied that Ford had unauthorized possession of the information". With the admission of Rosenstein that there existed "conflicting evidence" in Mr. Ford's case and the fact that the judge removed the required elements of 'belief... and intent...' from the jury instructions, should have rendered the indictment defective. (See Exhibit A - Rosenstein Press Release dated 12/15/2005)

FBI Special Agents Michael L. Thompson and Frederick C. Marsh both submitted sworn search warrant affidavits to a federal judge alleging that a Tonya Tucker had contacted the NSA to report Ford's alleged espionage. (Ford had known Tucker for 9 weeks - from 11/13/2003 to 1/11/2004 - and decided that she definitely was not his type. He later realized Ms. Tucker is a FBI confidential informant and was placed into his life by Special Agent Michael L. Thompson.) Defense counsel subpoenaed cell phone records of Tonya Tucker from Sprint, which clearly listed the voice call details of Date, Time. Phone Number. Destination, etc. (Tucker's alleged cell phone calls were described in the Thompson affidavit and completely identified in the Marsh affidavit.

From this, we were able to subpoena thru our attorney, her cell phone records.) Sprint records affirmed that Tonya Tucker Did Not contact NSA on January 5.2004. January 9. 2004. January 10. 2004 and January 11, 2004 from her cell phone number 407-616-5683 listed on the Sprint telephone record print-out and on page 5 of 12 of FBI Special Agent Frederick C. Marsh's sworn search warrant affidavit, which he wrote was "in support of the sworn search warrant affidavit" submitted the previous day, to the same judge, by FBI Special Agent Michael L. Thompson.

With the introduction of the subpoenaed cell phone records, it is apparent the Thompson and March search warrant affidavits are perjured and fabricated. Both agents are therefore subject to penalties of perjury. Also. very importantly. the cell phone (It should be noted here that prosecutors told the jury that Ms. Tucker was a friend of Mr. Ford's and simply was a "tipster".) (See Exhibit B - FBI Affidavits and Tonya Tucker's Cell Phone Records)

Mr. Ford, as required by NSA regulations, earlier reported a threatening e-mail sent to him on Tuesday, November 25th2003 at his "AOL" address a month and a half before his arrest. The e-mail was sent by a "Dr. Takiya", who claimed to be a friend of Tonya Tucker. Based on newly discovered evidence on September 1.2009, it was confirmed that Ms. Tucker is the author of the e-mail. Ms. Tucker signed her name onto an internet guest book August 15, 2006 with the e-mail address of, which is the same e-mail address of the treat letter sent to Kenneth Wayne Ford, Jr. on Tuesday, November 25 .2003.

The e-mail threatened Ford that his security clearances would soon be revoked. She said she knew people at NSA who had clearances just like he did. Ford reported the e-mail the very next day to NSA Head Security Officer Anne Mennis. She ignored the email, not taking it seriously at all.. Ultimately, the admission of the e-mail as exculpatory evidence to Mr. Ford was suppressed from the trial by the judge. (See Exhibit C - Threatening E-Mail / Newly Discovered Evidence).

Newly discovered evidence of a newsletter dated March 31. 2006, states that FBI Special Agent Dave Evans was the lead FBI supervisor in the case against Mr. Ford. The defendant, Mr. Ford, was never aware that FBI Special Agent Dave Evans existed. (We, his parents, discovered this newsletter on the internet in 2008.) FBI Special Agent Evan's newsletter was titled, Maryland Man Sentenced For 'Stealing Secret Documents'.However, indictments alleged that Mr. Ford was charged with 'Unauthorized Possession of National Defense Documents" - not theft of secret documents.

FBI Special Agent Evans also said that: “As it turned out, our tipster was and didn't even make the drive to the airport." Nonetheless, the prosecutors continued to prosecute and incarcerate an innocent man.

FBI Special Agent Evans also stated that: (Our agents ultimately determined ultimately ended up in." Nonetheless, prosecutors indicted and incarcerated Mr. Ford with knowledge that 6'qonflicted evi4ence" existed in this case. (See Exhibit D – FBI Special Agent Dave Evans' Newsletter dated 3/31/2006)

Certainly, the defense has a right to depose and cross-examine the FBI Special Agent who was the lead supervisor in this case. Prosecutors withheld FBI Special Agent Evans from the defense. They also withheld Special Agent Frederick C. Marsh from the defense. The Marsh affidavit was suppressed during the suppression hearing by the judge, Judge Peter J. Messitte, before the trial began on 11/29/2005. Thus, that which brought Mr. Ford into the legal system and ultimately into a federal courtroom for prosecution, was not allowed into the trial. The jury was unaware of the affidavits. (The defense did not get them until 19 months after Mr. Ford’s arrest. Please keep in mind Mr. Ford has been totally under arrest the entire time since 1/11/2004 to the present.) To date, those affidavits have never been filed. They are not listed on the docket page of the case and they are not physically in the court file. It was represented and testified to the jury by DOJ prosecutors and FBI Special Agent Michael L. Thompson that he was the lead agent and only agent assigned to the Ford Case.

B. Even If Papers Had Been Present – The Text of §793 Is Vague And Should Not Have Been Applied In This Case

First, the statutes require that a defendant transmit information relating to the national defense. There are no allegations that Mr. Ford ever transmitted, sold, stole, secreted, purloined, paid for or otherwise obtained classified information inside or outside the government - by any illegal means. Legislative history of $793 makes plain that [Congress was concerned with spying].

The government never charged Mr. Ford with spying, injury to the United States on behalf of a foreign nation or communication to any person not entitled to receive classified information. Due process requires that a criminal statute provide a person of ordinary intelligence fair notice that his contemplated conduct is forbidden. See Thomas v. Davis, 192 F.3d 445,45514n Cir. 1999). If a law is "vague or highly debatable, a defendant - actually or imputably - lacks the requisite intent to violate it." See United States v. Mallas. 7 62 F .2d 36r , 363 14'n cir.1985). criminal prosecution for the violation of an unclear duty itself violates the clear constitutional duty of the government to warn citizens whether particular conduct is legal or illegal. See U.S. v. Rosen and Weissman 05-cr-225.

A statute cannot be construed so as to delegate to prosecutors and juries the "inherently legislative task" of determining what type of possession of national defense information are so reprehensible as to be punished as crimes. See United States v. Kozminski. U.S. 93 1,949 (1988) (rejecting construction of criminal statute that would *delegate to prosecutors and juries the inherently legislative task of determining what type of coercive activities are so morally reprehensible that they should be punished as crimes").

Second, the canon of strict construction of criminal statutes and the rule of lenitv ensure fair warning by resolving ambiguity in a criminal statute as to apply it only to conduct clearly covered. Lanier, 520 U.S. at 266. Third, due process bars courts from applying a novel construction of a criminal statute to conduct that neither the statute nor any prior judicial decision has fairly disclosed to be within its scope. Each of these three elements is based on the fact that it must have been reasonably clear the time that the defendant’s conduct was criminal.”

United States Attorney for the District of Maryland Rod Rosenstein confirmed by his own statement that: "Though there was conflicting evidence of what Ford intended to do with the classified information – the jury’s verdict demonstrates that it was satisfied that Ford had unauthorized possession of the information.”

Therefore, one would conclude that it was apparently not 'reasonably clear' that Ford's alleged conduct was criminal. Our son was incarcerated based on “unclear conflicting evidence'. An egregious miscarriage of justice at the highest level is evident throughout this case.

Each of these three manifestations is based on the notion that it must have been "reasonably clear at the time that the defendant's conduct was criminal". Elements applied to Mr. Ford's case affirm that reasonable clarity was severely lacking. Courts have ruled that §793 (d) and (e) apply only to the transmission of tangible information. ln fact, these rulings were the basis of Special Counsel Patrick Fitzgerald's explanation as to why he did not bring charges under the Espionage Act §793 against either the government officials who leaked the name of CIA agent Valerie Plame to the press or the reporters who subsequently reported that name to millions of readers around the world.

The following exculpatory evidence, which would have exonerated our son, was suppressed from the trial and jury: 1) FBI Form 302 Statement by Tonya Tucker (FBI Confidential Informant), 2) Tonya Tucker's threatening e-mail to Mr. Ford and 3) Special Agents Thompson's and Marsh's Search Warrant Affidavits. Special Agent Marsh's affidavit clearly affirmed on January 11, 2004, page 6 of 12 that: “A review of criminal history records reflect that TUCKER has a number of arrests, including arrests for Driving while suspended. Criminal trespassing. Robbery. among others."

Courts have repeatedly ruled that the government may not excuse its presentation of false testimony by claiming that: (a) it did not know, (b) it did not understand what other agencies knew, or (c) it believed the testimony. It cannot use these excuses because they are not the law and the facts do not support them. See Mesarosh. et al v. United States, 352 U.S. I (1956); Giglio v. United States, 405 U.S. 150 (1972); and United States v. Mason, et al., 293 F.3d, 826 (5th Cir.2002). Fourth Amendment violations enumerated in the matter of Franks v. Delaware were repeated violations perpetrated on Kenneth Wayne Ford, Jr. by the United States Department of Justice (DOJ). In the matter of Franks v. Delaware, the Court held that: "Where the defendant makes a substantial preliminary showing that a false statement that a hearing be held at the defendant's request."

Federal prosecutors in Mr. Ford's case willfully applied national security standards of the suppression of evidence and discovery. DOJ prosecutors willfully enforced national security clearances upon defense counsel with full knowledge that DOJ did not obtain mandatory FISA applications and approvals.

Prosecutors ignored strict procedural requirements in accordance to the Foreign Reform Act of 2000"). Prosecutors clearly violated Title VI §603, 605 and 607. This case should never have been prosecuted. Title VI $608 provides, in part, that: "If any provision of this title (including an amendment made by this title), or the application thereof, to any person or circumstance, is held invalid, the remainder of this title (including the amendments made by this title), and the application thereof. to other persons or circumstances shall not be affected thereby.”

C. Background

Kenneth Wayne Ford, Jr. is now 38 years old. He is the cream of the crop of young American citizens. He is an African-American and is highly educated. Mr. Ford graduated from DeMatha Catholic High School in Hyattsville, Maryland in 1990. He then went to the University of Miami in Coral Gables, Florida and graduated from there in 1995 with a Bachelor of Business Administration in Management and Organization degree. Mr. Ford served 4 years in the Uniformed Division of the Secret Service, where he received two cash awards in consecutive years for outstanding service. While in the Secret Service, Mr. Ford continued his education and enrolled into Strayer University. To his credit, he graduated in 2001, summa cum laude" earning a Bachelor of Science in Computer Networking degree. Later, Mr. Ford enrolled in the Masters program at Strayer University, earning in 2004, a Master of Science in Information Technology degree.

In 2001, Mr. Ford accepted employment at NSA as a Signals Intelligence Analyst. While employed at NSA, he received a cash award for outstanding service. Later, he was recognized with a large plaque - his name listed, among others, for outstanding work on a particular project. It was disclosed in the trial by a State Department officer that Mr. Ford had security clearances that less than 150 people in the entire country hold. Mr. Ford has worked extremely hard all his life, as he was not born with a silver spoon in his mouth, inherited wealth or privilege. He has spent over 23 years acquiring an education. He would never do anything to jeopardize his life or his accomplishments. After Mr. Ford's conviction, Mr. Lambert, the probation officer assigned to formalize his pre-sentencing report, commented to me (his mother) and included in his report that "Kenneth has not even had a traffic ticket."

D. Case Overview

On Sunday. January 11. 2004. FBI Special Agent Michael L. Thompson and NSA Security Officer Robert McCaslin arrived at Mr. Ford's home at approximately 5:50 p.m. and fabricated that they wanted to talk to him about his former position. Mr. Ford invited them in because he was led to believe they wanted to get his expertise on a work-related situation. About ½ hour later, their attitudes changed and Mr. Ford realized they were unjustly accusing him of espionage. Simultaneously, with these accusations, they began searching his home - 2-I/2 hours before the search warrant arrived. FBI Special Agent Frederick Marsh arrived with a search warrant and about 23 additional agents.

During the course of this ordeal, Mr. Ford was threatened by Special Agent Michael L. Thompson's unnecessary withdrawal of his gun. He was terrorized for 7-1/2hows as the agents rampaged his home. He was not allowed to leave his residence, contact his parents or answer his telephone. He was denied food and water. He was not allowed to use his own bathroom until Thompson took him away from his home -7-1/2 hours later. See Title 18, Part I, Chapter 113C - Torture - "an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control." (See Exhibit E -Letter by Kenneth W. Ford, Jr. Documenting Events)

E. DOJ Triple Jeopardy Indictments

The government's 1st indictment, and 2nd case number, was filed on 3/4/2005. U.S. District Court Judge Peter J. Messitte dismissed the case without prejudice on 5/162005. The 2nd indictment, and 3rd cse number, dated 5/23/2005, contained the exact charges and language as the ls indictment. The 3rd indictment, which we had no knowledge of until recently, is dated 11/28/2005. The docket indicates that there was a superseding indictment, arraignment and plea of not guilty all on the same day – 11/28/2005. It indicates Mr. Ford appeared before Judge Messitte and gave a plea of 'not guilty' to each of the two counts against him. This is untrue. Mr. Ford never appeared before Judge Messitte or any other judge on 11/28/2005. His trial started the next day, 11/29/2005. It is impossible to appear for an arraignment one day and be tried by jury the very next day.

It should be noted here that on March 30,2006, at the end of Mr. Ford's 2ndsentencing hearing, Judge Messitte dismissed the original indictment. He and Prosecutor Salem signed papers to that effect. Judge Messitte said several times during the trial, Mr. Ford was being prosecuted on the superseding indictment. (Of course, this is impossible.) Apparently, at some point, Judge Messitte and Mr. Salem realized this. Consequently, this dismissal has never been filed, is not in Mr. Ford's court file and is not on the docket. (See Exhibit F - Indictments, Docket Listings of 1//28/2005 Superseding Indictment, Arraignment and Not Guilty Plea and Transcript Page of Dismissal of Original Indictment) Also See $3434 - Presence of Defendant - (Rule) 3

Also, there appears on all three indictments: 'Aiding and Abetting (1S U.S.C. §2)'. Mr. Ford was never charged with this crime. It does not appear anywhere else in the indictment nor was it addressed in the trial to the jury. In addition to the indictments being illegal, these acts make the indictments themselves faulty.

The 1st count was cited under Federal Criminal Code 793(e) - Espionage. FBI Receipt For Property Seized / Form 597 listed all items seized from Mr. Ford's residence. Ironically, there was not one (1) document identified as 'classified papers' prosecutors falsely alleged were taken from Mr. Ford's residence.

At the trial, FBI Special Agent Bridget Bigham, Seizing Agent, testified that she was told to put a classified sticker on a Fed Ex envelope found in a suitcase which belonged to career criminal Tonya Tucker. (The envelope is listed by FBI Special Agent Bigham as #9 on the FBI Form 597.) (See Exhibit G -FBI Form 597) Special Agent 3


3 In United States v. Randall, f 71 F.3d 195,203 (4th Cir. 1999) The Supreme Court ruled that the Fifth Amendment's grand jury guarantee does not permit a defendant to be tried on charges that are not made in the indictment against him, and therefore, 'after an indictment has been returned its charges may not be broadened through amendment except by the grand jury itself. See United States v. Randall, 471 U,S. 130, 143 (1985). See United States v. Brady, 456 U.S. 152; and United States v. Young, 470 U.S. 1, 16 (1985).

Bigham testified she did not look at the papers while in Ford's home. She further testified the alleged papers seized were not photographed in Ford's home as required by procedures, but were photographed days later at an FBI facility. (See Exhibit H - Excerpt of Agent Bigham's Transcript Testimony)

DOJ prosecutors testified during the trial that it did not have any 'surveillance evidence' nor 'any eyewitness accounts' of Mr. Ford allegedly removing classified documents from NSA. Prosecutors should have dismissed all charges against Mr. Ford.

The 2nd count was Title 18 U.S.C. $ 1801 - Making A False Statement On A Government Form. Mr. Ford accepted employment with Lockheed Martin. Prosecutor David Salem had already gotten him fired from Northrop Grumman and after working for 3 weeks at Lockheed Martin, Salem was successful in getting him fired from there also. Ford truthfully provided Lockheed Martin a 1-1/2 page written account of alleged charges against him. At the trial, Judge Messitte allowed Prosecutor Salem to severely redact Ford's written statement. Salem told the judge the statement "prejudiced him". (See Exhibit I - E-Mail Dated 10129/2004 to Lockheed Martin) AUSA David I. Salem and DOJ National Security Division Trial Attorney Mariclaire D. Rourke testified that Mr. Ford backed his pick-up truck to the loading dock and loaded these papers into his truck.

In contradiction of their testimony, Mr. Ford's former NSA supervisor, Ms. Jacqueline Welch ("hereafter Jacqueline W") testified that she in fact had seen Mr. Ford on the day in question - December 19,2003 - standing in the parking lot beside his 'cream-colored 4 door sedan (car)'. Former Counsel on redirect, ascertained whether or not she knew the difference between a 'pick-up truck and a car . She affirmed that she did. Jacqueline W further testified that she never knew Mr. Ford had a pick-up truck. At that point, DOJ's over zealous prosecutors' alleged pick-up truck was referred to as a 'vehicle'. (See Exhibit J - Excerpt of Jacqueline W's Testimony)

Special Agent Michael L. Thompson admitted under oath that there were no fingerprints belonging to Mr. Ford found on any of the thousands of sheets of classified papers allegedly found in Mr. Ford's home. Once again, none of these alleged papers were listed on the FBI's official seized evidence Form 597. (See Exhibit K - Excerpt of FBI Special Agent Michael L. Thompson's Testimony)

F. Argument

Mr. Ford is the only American citizen in the history of the Espionage Act, to be charged, prosecuted and convicted under the statute without meeting the requirements of the statute. The United States Court of Appeals for the 4th Circuit recently upheld the requirements that in order to charge under the Espionage Act of 1917 - §793(e) one has to have the belief that what one is doing will harm the United States and/or help a foreign entity and one must have the intent to harm the United States and/or help a foreign entity. See United States v. Rosen and Weissman,557 F.2d 192 4th Cir.2009).

Judge Peter J. Messitte, during the suppression hearings, willfully discarded the requirement that the government had to prove the “belief” 'element. Judge Messitte, while charging the jury, willfully eliminated the need for the government to prove the element of "intent.”

Under the federal sentencing guidelines, espionage (Federal Criminal Codes §793(d) and (e) cannot be sentenced unless there is the element of transmittal. So, effectively, since a transmittal is a prerequisite for sentencing under §793(e), then without it, there cannot be a charge. The government never alleged Ford transmitted anything. As a matter of fact, NSA Security Officer Robert McCaslin sent a letter to Prosecutor David Salem dated 713112004 saying Ford's electronic equipment at work and at home were analyzed by NSA and were found to be clean. The letter was not allowed into the trial.

Subsequently, the "CIPA" Intelligence Authorization Act for 2001- Title VI §607 - Coordination Requirements Relating to the Prosecution of Cases Involving Classified information was totally ignored by Assistant United States Prosecutor David I. Salem and Dept. of Justice Trial Attorney Mariclaire D. Rourke.

The National Security Procedure Statute 9-90.020, provides that DOJ prosecutors had no authority to make decisions in this case. "CIPA" $607 - $1.1 of Executive Order No. 12958, provides that a Senior Official, the President of the United States, must be notified prior to prosecution. ln this case, that President was former President George W. Bush, Jr. - another statutory mandate ignored and violated in the matter of Kenneth Wayne Ford, Jr. $793(e) 'unauthorized possession' is contradictory to the National Security Act which provides that NSA employees have a life-time obligation and commitment regarding NSA classified documents.

G. Violation of Dept. of Justice Guidelines/National Security Procedures

DOJ's USAM guidelines regarding National Security Procedures §9-90.020 clearly dictates that the authority to conduct prosecutions relating to the national security lies with the Justice. USAM unequivocally states, in part that:

All prosecutions affecting, involving or relating to the national security. and the responsibility for prosecuting criminal offenses, such as conspiracy, perjury and false statements, arising out of offenses related to national security, is assigned to the Assistant Attorney General of the National Security Division or higher authority. See 28 C.F.R. S 0.61 The Counterespionage Section of the National Security Division, under the supervision of the Assistant Attorney General or higher authority, conducts, handles, and supervises prosecutions affecting, involving or relating to the national security." DOJ trial attorney Mariclaire D. Rourke and AUSA David I. Salem did not have authority to prosecute a National Security Espionage case against Kenneth Wayne Ford, Jr.

We recently reviewed Mr. Ford's court file. Although there are a few orders, from 8/2005 to 1112005, appearing in the case file that indicate the Assistant Attorney General was in compliance with that particular order, it is with great concern that we ask you to investigate this. We have no proof or certification that the Assistant Attorney General's alleged involvement with this case was authentic. As in other things involving Mr. Ford's case, we suspect this too is a fabrication.

H. DOJ Violated FISA Court Statutes

FISA Court specifically prescribes procedures for the physical and electronic surveillance and collection of "foreign intelligence information" between "foreign powers" and "agents of foreign powers" (which may include American citizens and permanent residents suspected of being engaged in espionage and violating U.S. law on territory under United States control).

FISA allows a federal officer, authorized by the President of the United States acting through the Attorney Gener4l to obtain from a judge appointed by the FISA Court, search warrants and approval of electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information. Mandated strict FISA Court procedures were ignored by the FBI, DOJ Prosecutors and U.S. District Court of Maryland Judge Peter J. Messitte, who is not an appointed FISA Court Judge.

Specifically, FISA requires that where the target of the search or surveillance is a "United States person" - a U.S. Citizen or permanent resident alien - the judge must find that the Executive Branch's certification that a significant purpose of the search or surveillance is to obtain foreign intelligence information is not "clearly erroneous". See 50 U.S.C. §1805 and 1824. Also see Brady v. Maryland, 373 U.S. 33 (1963); Strickler v. Greene, 119 S.T. 1936 (1999).

The elements of violations are: (1) the evidence must be favorable to the accused, either because it exculpates the defendant or because it impeaches the government; (2) the evidence must have been suppressed by the government, either willfully or inadvertently; and (3) prejudice must have been ensued. See Franks v. Delaware, 438 U.S. 154 (1978); See Brady v. Maryland, 373 U.S. 83 (1963); See USA v. Rosen & Weissman 05cr-225 (E.D.Va.)

We are not elected or high level corporate officials. We are "grass roots" people who are honest and hard working. President Obama stated at the 2009 NAACP 100th Anniversary celebration, that: "America is a place where, if you work hard, you can achieve success." A grave injustice has been done to a good American citizen (Kenneth Wayne Ford, Jr.). American citizens rely upon the United States Department of Justice to follow the rule of law.

In good faith, the initiation of a formal procedural investigation and the appointment of a Special prosecutor on behalf of our son, Kenneth Wayne Ford, Jr., is warranted and specifically should include an investigation of prosecutorial misconduct, violations of national security procedures, violations of FISA Court procedures, violations of issues in applying states secrets rules and the willful suppression of exculpatory affidavits and other exculpatory evidence in this case.

We are available at any time that is convenient to you to discuss this case. The elements in this letter by no means cover all the infractions against Mr. Ford. There were just too many illegal things done to put in a letter.

We seek an immediate vacation of Mr. Ford's conviction, full restoration of his revoked clearances and an immediate apology from the Department of Justice (DOJ).

Thank vou.


Kenneth W. Ford, Sr.

Gloria D. Ford


l) Exhibit A - Rosenstein Press Release dated December 15, 2005

2) Exhibit B - Affidavits by SA Michael L. Thompson & SA Frederick C. Marsh and Tonya Tucker's Subpoenaed Cell Phone Records

3) Exhibit C - Tonya Tucker's threatening e-mail to Mr. Ford/Newly Discovered Evidence

4) Exhibit D - FBI Special Agent Dave Evans' Newsletter dated 3/31/2006

5) Exhibit E - Letter from Kenneth Wayne Ford, Jr. / Document of Events

6) Exhibit F - DOJ's Double Jeopardy Indictments; Docket of 11/28/2005

Indictment; Transcript Page of Dismissal of Original Indictment

7) Exhibit G - FBI Form 597 (Seized Items) w/ Computerized Listing Of Items

8) Exhibit H - Excerpt of Agent Bridget Bigham's Testimony

9) Exhibit I - E-Mail dated 10/29/2004 from Kenneth W. Ford, Jr. to Lockheed Martin

l0) Exhibit J - Excerpt of NSA Jacqueline Welch's Testimony

1l) Exhibit K - Excerpt of FBI Special Agent Michael L. Thompson's Testimony

President Obama, who prides himself as a constitutional scholar, having taught constitutional law at the University of Chicago, is about to become the subject of a major constitutional case in the indictment of Thomas Drake. Drake was not only exposing high level contract fraud involving two NSA directors -- Generals Michael Hayden and Keith Alexander -- but also allegedly involved a constitionally-protected entity -- the press -- in making details of the fraud known to the American taxpaying public. Not since Watergate have the American people been subject to runaway surveillance by the NSA and FBI.

Obama, who supported retroactive immunity from prosecution for telecommunications companies that swept up the digital communications of all American after proclaiming he was against it, will be the person on trial in the Drake case. And Obama may very well end up like Richard Nixon if the government does not impose restrictions on the public's right to know through imposition of the draconian Classified Information Procedures Act and the State Secrets Privilege.

As one NSA insider tersely put it: "I truly believe that NSA has some illegally wiretapped information (big-time dirt) on Mr. Obama, and NSA has been using it (via blackmail) against him ever since he flip-flopped on the vote for retroactive immunity for the telecommunication firms that insisted they did nothing illegal when they joined in with the Bush admin in comprehensive, 'sea to shining sea' warrantless wiretapping of all domestic U.S. communications."

Is the Star of David the new swastika?

In a disturbing reversal of symbolism, Israeli extremists are defacing Palestinian property with the Jewish symbol

This post originally appeared on Judy Mandelbaum's Open Salon blog.

Time was when Nazis used to slather swastikas on synagogues and Jewish businesses to prepare the local population for expulsion or much worse. It's sad that this sort of behavior persists around the world, as a new study by Tel Aviv University shows. But it's even sadder to see Israelis regularly defacing Palestinian property with Stars of David with equal glee and with what appears to be the same brain-dead mindset.

Your local paper might not have covered it, but in the wee hours of Wednesday morning a gang of Israeli settlers attacked the West Bank village of Hawara. "Palestinians reported two torched cars on the village’s central road early yesterday," Haaretz writes. "A small village mosque, used only on the weekend, had the word 'Muhammad' sprayed in Hebrew and a Star of David. Haaretz also found graffiti with the Jewish prayer 'Praise be onto him for not making me a gentile.'" The attackers also took the opportunity to destroy some three hundred olive trees, a major source of local income.

In February of 2009, a Canadian writer by the name of Marcello Di Cintio witnessed how "earlier this week, the IDF raided Jayyous. Soldiers entered the village at night, seized about a hundred young men and penned them in the school gymnasium. The troops also occupied several village houses and spray-painted a Star of David over a pro-freedom mural on a school wall. The IDF took about a dozen men with them when they left, and the men are still in custody somewhere in Israel."

According to the Maan News Agency, in December 2008, "Israeli settlers rampaged through five villages in the northern West Bank early on Tuesday, vandalizing mosques, attacking farms and harassing residents. In the villages of Yatma, Qabalan and As-Sawiya, south of Nablus, settlers slashed the tires of more than 20 cars and also set fire to thousands of shekels worth of straw bales, used as animal feed. In As-Sawiya, settlers wrote slogans insulting Islam and the prophet Mohammad on the walls of a local mosque. [S]ettlers painted a star of David and slogans such as 'Death to Arabs' on the village mosque."

"On 19 March 2007, Israeli settlers illegally occupied an empty four-story Palestinian building," the Electronic Intifada reported. "This multi-unit Hebron building is close to the Kiryat Arba settlement of 7000 residents and is strategically located to link Kiryat Arba to the smaller enclaves inside Hebron’s Old City. … Palestinians say that another settlement will lead to yet another checkpoint and tighter curfews, further isolating this part of the city. Already settlers have placed a wire at the entrance of the Palestinian house across the street to trip residents as they exit their home. They have stoned the house and spray painted a Star of David on the front door."

Also in 2007, Tim McGirk blogged about his own experiences in the West Bank for Time Magazine:

Not long ago, I ventured into Hebron ... I wanted to see what [the Palestinians] thought of their Jewish neighbors. On this street, winding up a hill, it was easy to spot the Arab houses. Their windows and doors were covered in metal grills to protect them from stones, rotten fruit and the occasional gunshot coming from settlers living across the road. Over the years, a few Jewish settlers had also been shot by Palestinian militants, and Israeli soldiers had cordoned off this section, emptying life from the heart of old Hebron. The Arab houses were easy to spot for another reason. The settler kids had spray-painted a Star of David on walls of all the Arab houses. A religious symbol used for intimidation. I found this disturbing, like seeing the Klu Klux Klan’s cross blazing on a black man’s lawn.

Blogging for the Madison Times, George Arida described a visit to Nablus in 2003:

We stopped at Joseph's Tomb, a site of archaeological and religious significance. It also had military significance; the Israelis had bombed it over a year ago (the dome and outside walls were damaged) and then had later used it as a base of operations. The soldiers had left a spray-painted Star of David on the ancient stone wall. This spray-painted souvenir was left by the Israelis on the walls of many buildings in Nablus.

Israeli troops pulled out of the West Bank city of Ramallah in 2002. "The home of Hamdi Flaifer, 35, was in ruins after an Israeli search," the New York Times reported. "Windows were broken, furniture was smashed, sofa cushions slashed, closets and cabinets were emptied onto the floor. Just outside his front door, Israelis had spray-painted a Star of David and a number, indicating to other Israelis that his house had been searched."

The Mogen Dovid is a symbol that has experienced a roller coaster of shifting meanings over the centuries. The six-pointed star was a symbol known to many religious and spiritual traditions and only became firmly associated with Judaism and Zionism in the late nineteenth century. But its power as a Jewish symbol derives less from what Jews have done with it than from what anti-Semites have tried in vain to make it into. Storm troopers painted Stars of David on Jewish businesses during their boycott of Jewish shops in 1933. In September, 1941, SS leader Reinhard Heydrich signed a decree demanding that all Jews in German-occupied Europe wear a yellow star – first to shut them up as potential defeatists, and later to mark them for extermination. After the war the new State of Israel chose the Star of David as its national emblem. Thus it has gone from a symbol of pride to a symbol of shame and fear and then back again to a symbol of pride and endurance against impossible odds.

Will it return to being a symbol of shame and fear -- perhaps permanently? With attacks like the ones I described above on the increase, and now that the Israeli military has approved plans that could lead to the mass deportation of tens of thousands of West Bank residents on short notice, Palestinians are increasingly experiencing the Star of David as a threat to their very existence. This should be a scandal to everyone who remembers what the star has meant in the past. My message to Israelis is simple: Stop doing this. NOW.

CIA and the Nazis.

Conspiracy: CIA and the Nazis reveals how over 4,000 former Nazis went to work for the U.S. government, without the public's knowledge, to help fight the Soviet Union. Reinhard Gehlen, an intelligence officer for Hitler's General Staff, was tapped to head the U.S. intelligence program in West Germany to spy on the Russians. At the same time, former Nazi scientists and engineers were welcomed onto American soil. But the extent of these operations is only now becoming clear: In 1998, a law was passed mandating declassification of documents concerning recruitment of former Nazis. CIA AND THE NAZIS examines these files to see how far the U.S. went in recruiting its former enemy to fight its new one.

Esquerda e Direita

Emir Sader

Diante de alguns argumentos que ainda subsistem sobre o suposto fim da divisão entre direita e esquerda, aqui vão algumas diferenças. Acrescentem outras, se acharem que a diferença ainda faz sentido.
Direita: A desigualdade sempre existiu e sempre existirá. Ela é produto da maior capacidade e disposição de uns e da menor capacidade e menor disposição de outros. Como se diz nos EUA, “não há pobres, há fracassados”.
Esquerda: A desigualdade é um produto social de economias – como a de mercado – em que as condições de competição são absolutamente desiguais.
Direita: É preferível a injustiça, do que a desordem.
Esquerda: A luta contra as injustiças é a luta mais importante, nem que sejas preciso construir uma ordem diferente da atual.
Direita: É melhor ser aliado secundário dos ricos do mundo, do que ser aliado dos pobres.
Esquerda: Temos um destino comum com os países do Sul do mundo, vitimas do colonialismo e do imperialismo, temos que lutar com eles por uma ordem mundial distinta.
Direita: O Brasil não deve ser mais do que sempre foi.
Esquerda: O Brasil pode ser um país com presença no Sul do mundo e um agente de paz em conflitos mundiais em outras regiões do mundo.
Direita: O Estado deve ser mínimo. Os bancos públicos devem ser privatizados, assim como as outras empresas estatais.
Esquerda: O Estado tem responsabilidades essenciais, na indução do crescimento econômico, nas políticas de direitos sociais, em investimentos estratégicos como infra-estrutura, estradas, habitação, saneamento básico, entre outros. Os bancos públicos têm um papel essencial nesses projetos.
Direita: O crescimento econômico é incompatível com controle da inflação. A economia não pode crescer mais do que 3% a ano, para não se correr o risco de inflação.
Direita: Os gastos com pobres não têm retorno, são inúteis socialmente, ineficientes economicamente.
Esquerda: Os gastos com políticos sociais dirigidas aos mais pobres afirmam direitos essenciais de cidadania para todos.
Direita: O Bolsa Família e outras políticas desse tipo são “assistencialismo”, que acostumam as pessoas a depender do Estado, a não ser auto suficientes.
Esquerda: O Bolsa Família e outras políticas desse tipo são essenciais, para construir uma sociedade de integração de todos aos direitos essenciais.
Direita: A reforma tributária deve ser feita para desonerar aos setores empresariais e facilitar a produção e a exportação.
Esquerda: A reforma tributária deve obedecer o principio segundo o qual “quem tem mais, paga mais”, para redistribuir renda, com o Estado atuando mediante políticas sociais para diminuir as desigualdades produzidas pelo mercado.
Direita: Quanto menos impostos as pessoas pagarem, melhor. O Estado expropria recursos dos indivíduos e das empresas, que estariam melhor nas mãos destes. O Estado sustenta a burocratas ineficientes com esses recursos.
Esquerda: A tributação serva para afirmar direitos fundamentais das pessoas – como educação e saúde publica, habitação popular, saneamento básico, infra-estrutura, direitos culturais, transporte publico, estradas, etc. A grande maioria dos servidores públicos são professores, pessoal médico e outros, que atendem diretamente às pessoas que necessitam dos serviços públicos.
Direita: A liberdade de imprensa é essencial, ela consiste no direito dos órgãos de imprensa de publicar informações e opiniões, conforme seu livre arbítrio. Qualquer controle viola uma liberdade essencial da democracia.
Esquerda: A imprensa deve servir para formar democraticamente a opinião pública, em que todos tenham direitos iguais de expressar seus pontos de vista. Uma imprensa fundada em empresas privadas, financiadas pela publicidade das grandes empresas privadas, atende aos interesses delas, ainda mais se são empresas baseadas na propriedade de algumas famílias.
Direita: A Lei Pelé trouxe profissionalismo ao futebol e libertou os jogadores do poder dos clubes.
Esquerda: A Lei Pelé mercantilizou definitivamente o futebol, que agora está nas mãos dos grandes empresários privados, enquanto os clubes, que podem formar jogadores, que tem suas diretorias eleitas pelos sócios, estão quebrados financeiramente. A Lei Pelé representa o neoliberalismo no esporte.
Direita: O capitalismo é o sistema mais avançado que a humanidade construiu, todos os outros são retrocessos, estamos destinados a viver no capitalismo.
Esquerda: O capitalismo, como todo tipo de sociedade, é um sistema histórico, que teve começo e pode ter fim, como todos os outros. Está baseado na apropriação do trabalho alheio, promove o enriquecimento de uns às custas dos outros, tende à concentração de riqueza por um lado, à exclusão social por outro, e deve ser substituído por um tipo de sociedade que atenda às necessidades de todos.
Direita: Os blogs são irresponsáveis, a internet deve ser controlada, para garantir o monopólio da empresas de mídia já existentes. As chamadas rádios comunitárias são rádios piratas, que ferem as leis vigentes.
Esquerda: A democracia requer que se incentivo aos mais diferentes tipos de espaço de expressão da diversidade cultural e de opinião de todos, rompendo com os monopólios privados, que impedem a democratização da sociedade.

Por Emir Sader.

O marxismo de olho no Brasil por Lejeune Mato Grosso de Carvalho *

O marxismo nesses últimos anos adquiriu uma dramática atualidade. Depois de estar ameaçado pelos arautos da pós-modernidade de ser jogado num museu ao lado de machados de pedras, ele "reapareceu" como instrumento teórico essencial para entender a crise por que passa o mundo atual. O próprio projeto socialista - realização prática dos pressupostos teóricos e políticos do marxismo - recobrou energia diante da falência da globalização neoliberal e das ideologias que lhe deram suporte.

O livro Marxismo, história e revolução brasileira: encontros e desencontros, do historiador Augusto Buonicore, se insere nessa nova fase da luta teórica - e porque não dizer ideológica - travada em nosso país. É, em primeiro lugar, uma obra que visa afirmar a imprescindibilidade do marxismo para aqueles pesquisadores e militantes que desejam conhecer e transformar a realidade em que vivem. Essa, afinal, é uma das marcas essenciais e originais do pensamento de Marx. Para o pensador alemão, a teoria não deveria ser separada da prática. O desenvolvimento do conhecimento só teria sentido se ele fosse colocado a serviço da transformação social e da construção de um mundo melhor.

Como diz o autor: “O conjunto dos textos se insere em um movimento mais amplo iniciado em meados da década de 1990 e que teve por motor a necessidade de interpretar a sociedade brasileira – sua formação econômica, política, social e cultural – a partir de uma perspectiva histórico-crítica do marxismo. Um movimento que, na ocasião, foi sintetizado na consigna ‘Marxismo mais Brasil’. Começava, assim, um processo que visava a, entre outras coisas, cobrir uma lacuna importante na formação dos militantes da esquerda brasileira: a da articulação do instrumental teórico marxista, agora desprovido de sua carga dogmática, e o conhecimento do Brasil”.

O marxismo dogmático – e esquemático – procurava reduzir a complexidade do mundo às fórmulas simplistas e entendia a complexa história humana como simples reflexo, sem mediação, das relações econômicas. Por isso mesmo, o instrumento para análise da história do Brasil deveria ser um marxismo redimido dos desvios "economicistas". É claro, esse marxismo renovado, precisamente por ser marxismo, não perde a referência dos níveis econômicos - determinantes em "última instância" - mas afirma que as sociedades concretas só podem ser compreendidas pela articulação dinâmica das várias instâncias (ou estruturas) do real: econômica, ideológica, política e cultural.
Nem as classes, nem a luta de classes, nem o Estado, nem a revolução são resultados naturais do simples desenvolvimento das forças produtivas. É, justamente, através desse marxismo que o autor procurou analisar a evolução e as contradições da sociedade brasileira, tratando de temas como: a história das classes e da luta de classes, a formação do Estado, as diversas interpretações da revolução e do povo brasileiro. Por colocado a serviço da transformação social e da construção de um mundo melhor.

Como diz o autor: "O conjunto dos textos se insere em um movimento mais amplo iniciado em meados da década de 1990 e que teve por motor a necessidade de interpretar a sociedade brasileira - sua formação econômica, política, social e cultural - a partir de uma perspectiva histórico-crítica do marxismo. Um movimento que, na ocasião, foi sintetizado na consigna 'Marxismo mais Brasil'. Começava, assim, um processo que visava a, entre outras coisas, cobrir uma lacuna importante na formação dos militantes da esquerda brasileira: a da articulação do instrumental teórico marxista, agora desprovido de sua carga dogmática, e conhecimento do Brasil".

O marxismo dogmático - e esquemático - procurava reduzir a complexidade do mundo às fórmulas simplistas e entendia a complexa história humana como simples reflexo, sem mediação, das relações econômicas. Por isso mesmo, o instrumento para análise da história do Brasil deveria ser um marxismo redimido dos desvios "economicistas". É claro, esse marxismo renovado, precisamente por ser marxismo, não perde a referência dos níveis econômicos - determinantes apenas em "última instância" - mas afirma que as sociedades concretas só podem ser compreendidas pela articulação dinâmica das várias instâncias (ou estruturas) do real: econômica, ideológica, política e cultural. Nem as classes, nem a luta de classes, nem o Estado, nem a revolução são resultados naturais do simples desenvolvimento das forças produtivas.

É, justamente, através desse marxismo que o autor procurou analisar a evolução e as contradições da sociedade brasileira, tratando de temas como: a história das classes e da luta de classes, a formação do Estado, as diversas interpretações da revolução e do povo brasileiro. Por fim, o livro traz uma original reflexão das leituras marxistas sobre a questão racial. Cada um desses ensaios é aberto com a apresentação breve dos pressupostos teóricos marxistas que permitiriam analisar esses fenômenos. E tudo isso é feito em uma linguagem simples para qualquer estudante ou trabalhador consciente. Não devemos confundir, aqui, simplicidade com falta de profundidade teórica ou analítica. Nem todo pensamento denso deve ser hermético. No primeiro ensaio, Buonicore faz uma rica resenha do pensamento dos principais autores marxistas que trataram do problema da revolução burguesa. Começando por Marx e Engels, passando por Lênin, Gramsci e Lukács. O ponto culminante, no entanto, é o tratamento dado ao estudo da chamada revolução brasileira. Ali apresenta, sem preconceito, as contribuições dos principais autores marxistas brasileiros, como Nelson Werneck Sodré, Caio Prado Jr, Jacob Gorender e Carlos Nelson Coutinho.

O autor chegou à conclusão que a revolução burguesa no Brasil se deu pelo processo que Lênin e outros autores chamaram de "Via Prussiana". O seu transcurso teria sido longo e tortuoso. Teria existido "todo um período de transição que vai da década de 1880 até 1950 - e que, para alguns, ainda está inconcluso. Esse processo teve na Independência (1822), na Abolição da escravidão (1888), na proclamação da República (1989) e na Revolução de 1930 seus marcos decisivos". A "via prussiana" teria dado "um forte teor conservador ao processo de transição capitalista no Brasil, impedindo a realização do que seria uma das principais tarefas de uma revolução democrática burguesa: a reforma agrária antilatifundiária. O reflexo superestrutural dessa política de conciliação com o atraso foi a dificuldade de implantação de uma democracia estável e ampliada". Isso explicaria também a exclusão dos camponeses, que representavam a maioria da população, de uma série de direitos sociais.

Mas, para Buonicore, falar em "via prussiana" não significa desconhecer a existência e a centralidade da luta das classes populares. Todo um capítulo do livro é dedicado à análise do desenvolvimento das classes e da luta de classes em nosso país. Quando trata das nossas transições, ele afirma: "A história brasileira e o país que temos hoje são, em última instância, os resultados de séculos de uma acirrada luta de classes - ora cruenta, ora incruenta, ora aberta, ora mascarada (...). A Nação tem as marcas das lutas do nosso povo - dos escravos, camponeses, operários, intelectualidade progressista - às vezes derrotadas e às vezes vitoriosas. Mesmo quando derrotadas e banhadas em sangue, as lutas populares ajudaram a empurrar a roda da história para frente".

Assim, não existe nenhuma visão negativista sobre a nossa história, apenas a constatação crítica dos limites desses processos que, em geral, não se completaram e mantiveram elementos do atraso, como o latifúndio, a dependência externa e a exclusão de parte de nosso povo de uma cidadania plena.

Augusto Cesar Buonicore, autor de Marxismo, História e Revolução Brasileira: Encontros e desencontros

Livro: Marxismo, História e Revolução Brasileira: Encontros e desencontros Autor: Augusto César Buonicore Editora: Anita Garibaldi Ano: 2009 Páginas: 319 Preço informado: R$35,00

* Lejeune Mato Grosso de Carvalho é sociólogo, professor, escritor e arabista. Lecionou na Unimep de 1985 até 2006. Preside hoje o Sindicato dos Sociólogos do Estado de SP, tendo sido presidente da FNSB de 1996 a 2002

Thursday, April 15, 2010

Israeli general at center of Israeli organ trafficking.

Echoing the famous line from the movie "Casablanca," Israeli police say they are "shocked" to find organ trafficking in their country.

Last week, Israeli police arrested six people, including reserve Israeli Defense Force (IDF) General Meir Zamir, for organ trafficking. A Palestinian woman from Nazareth was flown to Azerbaijan to have her kidney removed on a promise of $100,000 from the Israeli organ trafficking ring. However, the woman never received the money after her kidney was removed. An 18-year old male was flown to the Philippines by the Israeli ring in order to have his kidney removed with a promise of $80,000.

Reprising the role of Inspector Louis Reynaud in "Casablnca," Israeli Police Superintendent Ahron Galor was quoted by BBC, "We ran an undercover investigation and we were shocked by the proportions of this." However, there was evidence for the past several years that Israel was engaged in illegal organ trafficking and even organ theft from Palestinians killed by Israeli troops.

On February 22, 2008, WMR reported: "Francis Delmonico, MD, in a paper presented at a February 21 seminar at the Cato Institute in Washington in opposition to organ trafficking and marketing for organ sales . . . decried the fact that Israel is outsourcing kidney and liver transplants to Colombia and the Philippines. Israel has, in the past, been a center for dubious human organ trafficking operations. It is also the case that Palestinian prisoners in Israel have sought to sell their kidneys to feed their children. The Israel Medical Association is opposing a bill that would allow the donors of certain organs to be reimbursed by the state. The group claims this will 'open the door' to organ sales."

On September 8, 2009, WMR reported: "After the Swedish newspaper Aftonbladet published an expose of the Israeli Defense Forces harvesting the organs from young Palestinians killed by its forces in the West Bank, Israel's propaganda machine, which has its tentacles in the world's largest media companies and the Pentagon, went to work on demonizing Sweden . . . Aftonbladet and Sweden were accused of being 'anti-Semitic,' a familiar mantra from the Israelis when their human rights policies are criticized. The Swedish government rejected a demand by Israeli expansionist Prime Minister Binyamin Netanyahu to condemn the Aftonbladet report on organ harvesting and trafficking by the Israelis . . . Israel turned up the heat on Sweden. Aftonbladet's editor Jan Helin was accused of being a 'Nazi.' Swedish Foreign Minister Carl Bildt was dis-invited from visiting Israel."

The Zamir organ trafficking ring advertised kidneys for sale at $140,000. With the arrest of Zamir, the Aftonbladet report stands vindicated as the arrest proves a link between the IDF and Israeli organ harvesting of Palestinians. After the arrest of the initial six people, two others were arrested, including a resident of Herzliya, the headquarters of Mossad.

Wednesday, April 14, 2010

Ethnic Cleansing By Any Other Name

Changes in Israeli Military Orders Effective Today Target Palestinians

By Yousef Munayyer* | Sabbah Report |


The West Bank has been occupied by Israel since 1967. Israel maintains authoritative jurisdiction over the happenings in the West Bank via its military apparatus. Decisions governing the simplest aspects of Palestinian life, from traveling from one area to another to building a home, ultimately lie under the jurisdiction of the Israeli Military's High Command in the West Bank. In October of 2009, amendments were made to military orders governing the legitimate presence of persons in Occupied Palestinian Territory. The changes, effective six months after the signing of the orders, are beginning to take effect. It is important to note that Palestinians are not in control of the Palestinian population registry. Israel maintains strict control over this database and continues to do so. It is because of this that Israeli authorities can determine the residencies of Palestinians and only through the Israelis can the Palestinian Authority issue identification documents.

Changes in Israeli Military Orders

The main changes come as amendments to the Israeli Military Order No. 329 titled "Order Regarding Prevention of Infiltration" (PDF) which was signed into effect two years after the occupation began in 1969. This order defines so-called "infiltrators" as persons who "enter the Area knowingly and unlawfully having been present in the east bank of the Jordan, Syria, Egypt or Lebanon." In 1969, prior to peace treaties with Egypt and Jordan, infiltrators as defined by this order were persons entering the West Bank from enemy states. The amendment to this order, order number 1650, signed in late 2009 changes this definition to "a person who entered the Area unlawfully following the effective date, or a person who is present in the Area and does not lawfully hold a permit." [emphasis added]

The original order also defines a "resident of the Area" as a "person whose permanent residence is in the Area." The new order eliminates this definition, apparently leaving determination of residency in the hands of military commanders.

Further, the original order states that a person that is present in the West Bank without documentation of their residency bears the burden of proving that he did not infiltrate the area. The amendment changes this language significantly and simply states that any person present in the West Bank without a document or permit is "presumed to be an infiltrator." The amendment adds that a lawful document or permit is only one that is issued by the commander of the Israeli Military in the West bank or someone acting on his behalf.

Changes have also been made to the punishments levied against those considered so-called "infiltrators". The amendments to the order now specify that deportation orders can be carried out as early as 72 hours from the issuance of the order and in some cases even sooner. Further, the Palestinians targeted for deportation will be held liable for the expenses of their deportation up to 7,500 NIS. Under the amendment, a military commander is permitted to seize monies held by the deportee to cover the expenses.

The section of the order on the sentencing of an alleged "infiltrator" was also modified. The old statute condemned an "infiltrator" to "imprisonment of fifteen years or a fine of 10,000 Israeli Lira or both". The new order seems to condemn Palestinians to imprisonment regardless of their innocence. Read closely the section below:

A. "The infiltrator shall be sentenced to a term of imprisonment of seven years.
B. The provisions of Subsection (A) notwithstanding, where an infiltrator has proven his entry into the area was lawful-he shall be sentenced to a term of imprisonment of three years"

A second amendment issued at the same time, Order No. 1649, establishes a committee to review deportation orders. However, hearings before this committee are for those held in custody in the process of deportation and the order stipulates that they be allowed a hearing before the committee no later than eight days from the issuance of the deportation order. The obvious problem which arises is that when deportation orders are executable in 72 hours, a Palestinian may be deported before they have a chance to have a hearing.

The collective effects of the changes made by the new orders yields an increased ambiguity that can be dangerously exploited to target Palestinians and others in the West Bank.

Implications for Palestinians Residing in the West Bank

The changes made to these orders may lead to sweeping changes in the lives of Palestinians in the West Bank. Effectively, this order makes every resident of the West Bank subject to treatment as an alleged "infiltrator" and prosecution/deportation under this order for simply being unable to produce identification on the spot or not having the ambiguously defined and potentially unattainable identification mentioned in the amendments.

Two particular Palestinian communities will face increased difficulties because of these changes: Palestinians with Gaza Residencies and Palestinians with East Jerusalem Residencies.

Palestinians from Gaza – Palestinians which are either born in Gaza or maintain permanent residence in Gaza but reside in the West Bank are now subject to prosecution/deportation under this new order. This is a clear violation of the Oslo Accord agreements which stipulated that Palestinians from Gaza and the West Bank would be treated as one nation and also a violation of international law which treats the peoples of the West Bank and Gaza as one nation under a single occupation. While it is unclear exactly how many Palestinians from Gaza are currently living in the West Bank, it is certain that this number is in the tens of thousands and possibly higher. This number has also increased in recent years as the prosperity gap between the West Bank and Gaza widened due to an Israeli siege leading many Palestinians in the Gaza Strip who were able to come to the West Bank to do so. Aside from families which may have moved from Gaza to the West Bank, many married couples in which one spouse is a resident of Gaza will face forced separation because of the change to this order. Students who have residency in Gaza but study in the West Bank are also vulnerable to prosecution/deportation under this order. While cases like this are not new, this new order will certainly expedite separation and make legal objections far more difficult, placing an insurmountable burden of proof upon Palestinians for the "crime" of living on their land.

Palestinians with Jerusalem IDs – Another group that may face difficulties because of this order are Palestinians with Jerusalem IDs. Palestinians who reside in the territory that Israel refers to as East Jerusalem number approximately 270,000. These Palestinians have Israeli issued residency cards, which gives them a status between Palestinian Citizens of Israel and Palestinian residents of the West Bank. In an attempt to annex Jerusalem's geography without its demography, Israel permits these Palestinians residency without citizenship. Should Palestinians with Jerusalem IDs be present in the West Bank where they may have numerous family members as well as commercial ties, they too may be treated as infiltrators under this ambiguous order. It is conceivable that Palestinians with Jerusalem IDs prosecuted under this category may eventually lose their residency rights as a result of prolonged incarceration preventing the renewal of their residency.

Implications for Foreign Born Residents in the West Bank

Another category which may be targeted under the changes to this order are foreign born residents of the West Bank. People in this category are most often the spouses of native born Palestinians who reside with their families in the West Bank. A Palestinian born in Jordan, for example, who married a West Bank Palestinian will not have an Israeli issued ID proving residency in the West Bank and will therefore be subject to prosecution/ deportation under these changes.

Implications for Foreign Born visitors in West Bank

The change in definition of "infiltrator" in the old order now seems to allow for the deportation of persons who are foreign born visitors in the West Bank as "infiltrators". Citizens of foreign countries, like the United States or the United Kingdom for example, who enter into Israel without permission to be in the West Bank can be deported. While this is not expressly stated, it is the clear outcome of the sum of the policies in place. This may be part of an ongoing Israeli effort to silence dissent and crack down on international solidarity members and activists who travel to Palestinian areas to support protests and rallies often bringing with them the eyes of the outside world. The broad language in these orders basically allow the military regime that governs the occupied West Bank to arbitrarily deport or incarcerate nearly anyone present in the area.

In sum, the changes to these orders create a dangerous ambiguity with little protection for the most vulnerable under occupation: the Palestinians. Increasingly, Palestinians find themselves in the cross hairs of policies designed to force them off their land. It is important to keep in mind that in recent years, Israel's altering of residency policy in Jerusalem has led to a dramatic spike in residency revocations. It happened in the mid-1990s and it culminated in 2008 with a record high 4,800 residency revocations of Palestinians in Jerusalem. There is little doubt that Israel has both the motive and the tendency to use these types of policies as tools for ethnic cleansing. With such ambiguity in these orders, a history of ethnic cleansing and the capacity to carry out such horrific acts, the world should be very wary of what is happening in the Israeli occupied West Bank where Israel is charged under international law with the protection of the native population and not its endangerment. At a time when the United States and the International community have asked Israel to do more to restart peace negotiations, this is a clear and significant step in the opposite direction.

* Yousef Munayyer is Executive Director of the Palestine Center.