Leading neoconservative Richard Perle has said that one of the many reasons he admires the Israelis is the moral clarity that they exhibit on the issue of terrorism. What exactly that means is not itself clear, but it would appear to be a carte blanche for any and all Israeli punitive responses to groups that question Tel Aviv’s legitimacy. Perle has never criticized Israelis for disproportionality or for committing war crimes. He has only admonished them when, in his opinion, they have not gone far enough.
By that standard, the past 10 years have seen a major victory for Perle and for those who think like he does by delivering moral clarity to the people of the United States. The Global War on Terror has undeniably simplified thinking about serious issues. As President George W. Bush put it, you are either with us or against us, which means that you either support legislation passed by Congress to catch bad guys or you are a terrorist sympathizer and should yourself be put in jail. That is the meaning of the laws criminalizing terrorist support, which stretch and transform the definition to such an extent that expressing a viewpoint favorable to a group that the United States government has defined as terrorist can land someone in court. Even providing medical assistance to someone in an area controlled by a terrorist group or advising a terrorist leader that he should stop killing people can result in criminal charges.
But even Americans who understand the serious consequences of the legislation that diminishes liberties don’t always appreciate the extent to which the change in the legal landscape driven by fear of terrorism has also led to a proliferation of mechanisms in the state security apparatus that are being used to diminish the freedoms of each and every American citizen. If the federal government wants to know more about you, it has all the tools readily available because information is being collected on citizens every day, while computer capacity and speed are now capable of storing and analyzing everything that comes in.
Few Americans are aware of the threat posed by the greatly increased law enforcement use of GPS to carry out searches that once would have been considered illegal without a court order. To cite one recent example, in October 2010 a mechanic servicing a car owned by a student in California discovered what appeared to be a transmitter, possibly connected to a GPS tracking device, attached by two magnets to the vehicle’s wheel well. The student posted a picture of the device on the Internet to try to learn what exactly it was. Soon thereafter he was pulled over by two hostile federal agents wearing bulletproof vests who demanded the return of “government property.” The student, an Arab-American, had no criminal record, was born in the United States, and was not linked to any radical organizations. The GPS was attached to his vehicle without any search warrant and without any allegation that a crime either had been or was about to be committed.
Currently federal, state, or local law enforcement can attach a GPS unit to a vehicle in any “public space,” i.e., a parking lot or the street, without any judicial authority because, in their view, no one should have any expectation of privacy outside of his or her home. As a result, the use of geolocation systems by law enforcement is becoming increasingly common, largely because it is a resource multiplier. Instead of a surveillance team of four to six officers having to follow a suspect around, it is possible to attach a GPS unit to the suspect’s vehicle and monitor his movements through a computer back in the office. And, since it is so easy and cheap to do, the police are doing a lot of it, including in many cases for obvious fishing expeditions where a surveillance would not normally be authorized because of lack of any probable cause.
The government claims that it has no numbers on how many GPS units have been deployed by federal law enforcement, which suggests that the use is widespread and completely unregulated. But the use of such devices has become so common that Sens. Ron Wyden and Mark Udall have raised questions regarding the extent to which such technologies are being used against American citizens when there is no suggestion of any actual wrongdoing. Because the program is both secret and classified, the senators have been unable to reveal what they know explicitly, but they have suggested that there is a massive unacknowledged program operating under the auspices of the PATRIOT Act that enables the government to collect whole categories of cellphone data, which can be used to geolocate, without any oversight.
When there is a legal challenge, the courts generally go along with the police arguments and support the technical monitoring, though defense attorneys have questioned whether prolonged use of a GPS unit might violate the Fourth Amendment’s “right of the people to be secure in their persons, houses papers and effects, against unreasonable searches and seizures.” In their view, collecting a large mass of information changes the quality of what is being obtained because it provides a full picture of an individual and what he or she has been doing, and this massive invasion of privacy takes place without any judicial or regulatory oversight. A month of GPS reporting, far from being just another acceptable investigative tool, could easily reveal nearly every movement made by a person outside his or her own home.
Generally speaking, a person’s home and telephone have been regarded as off limits to technical intrusion without a warrant, but recent court rulings suggest that even what you think to be your personal space or property is not necessarily safe. In a related GPS case, a court in California ruled that law enforcement’s attaching a tracking device to a vehicle parked in a driveway outside one’s house does not require a warrant because a driveway, like a parking lot or a city street, is also considered to be a public space that anyone can walk or drive into. In several Michigan cases, the authority to invade privacy through technical means was also expanded. When police asked suspects to hand over their cellphones during routine traffic stops and the owners complied, the officers involved construed that as being consent to have the phone searched and used an extraction device to copy the call histories and text messages.
Phones are increasingly serving as tracking devices. Cellphones send out their messages to transmission towers that in return ping all active phones in their area at regular intervals. As the towers cover an area from several directions, it is easy to triangulate and locate a phone and the phone’s owner. A German parliamentarian became curious about the extent to which his travels were being recorded and discovered that he had been located by the cellphone carrier no less than 35,831 times, and all of the information was recorded and retained.
All of this means that the government now believes that it has the right to know where you are 24/7. Further, it thinks that it can exercise that right without any recourse to the courts and without any probable cause. President Barack Obama, who called for greater transparency and accountability in government when he was running for office, now supports the right of his administration to invade the privacy of every American without any due process at all. It is perhaps not a stretch to speculate how this technological invasion of the United States is blowback from the wars in Iraq and Afghanistan, where biometrics, tracking devices, and other features of population control and electronic warfare have been tested and improved. Certainly the willingness of the American public to accept systematic invasions of privacy is a tribute to the selling of the narrative about the Global War on Terror as a rational response to an existential threat. Perhaps it is time to start offering a different narrative, one without Richard Perle’s moral clarity, that sees a bit of nuance and accepts that constitutional liberties must be preserved even in times of perpetual and global warfare. Especially in such times. Ironically, the only war that the Obama administration is winning at the moment is the one against the American people.
Read more by Philip Giraldi
- Terrorizing Through Lawfare – May 23rd, 2012
- House Passes Stealth Legislation – May 16th, 2012
- A Tipping Point for Israel – May 9th, 2012
- Ron Paul Gets One Wrong – May 2nd, 2012
- Washington Felons Fret Over Hanky-Panky in Cartagena – April 25th, 2012





RickR30
August 10th, 2011 at 9:33 pm
Here's some more moral clarity, Dick: you and your ilk are scum who have ruined this country, if not the world. I repeat my request, no, demand, that neo cons be forced to surrender their US passports, be put on on a plane to Tel Aviv and dropped there with no return ticket.
The presumption of innocence has given way to the presumption of guilt. All Americans, heck, anyone without an israeli passport, is born a friend of terrorists. Whereabouts and all communications have to be tracked and stored. For what purposes? It can't hurt to have damaging info that could be useful in a mock trial. After all, these people might buy porn with their credit cards, visit strip joints, visit Antiwar.com, talk to someone named Mohamed. Since the whole idea of fair trials in cases of national security is pretty much out the window, why bother with the info gathering in the first place? Just to be obnoxious? Just to give our intrepid agents something exciting do do? Baruch Obama, in a moment of Perlesque moral clarity concluded that any American can be killed anywhere by the government anyway.
Compare this with the German justice system where a convicted child murderer was awarded money because law enforcement threatened him with torture during an interrogation in an attempt to find the victim before it was too late.
Scott Lazarowitz
August 11th, 2011 at 12:27 am
The GPS device attached underneath the car also makes it easier for the police criminals to know when you are not at home, and how far away you will be, if you know what I mean. (What? The GPS used for illicit purposes? Why, that would NEVER happen! Not in good old U.S. of A., after all. I'm sure that when you report the burglaries to the police, they will work hard on the case.)
xcxcxccx
August 11th, 2011 at 12:47 am
As President George W. Bush put it, you are either with us or against us, which means that you either support legislation passed by Congress to catch bad guys or you are a terrorist sympathizer and should yourself be put in jail.
=
As Philip Giraldi put it, you are either with us or against us, which means that you either support his views on the middle east or you are a hasbara working for Israel and should yourself be put in jail.
bob35983
August 11th, 2011 at 12:53 am
"We've" been here before:
"…if any person be in actual rebellion against the King, and another person who really and actually was not in rebellion, does knowingly receive, harbor, comfort, or succor him, such a person is as much a traitor as he who indeed bore arms."
Sabatini – from the novel 'Captain Blood'.
NOMOREWARFORISRAEL
August 11th, 2011 at 1:37 am
JINSA/PNAC/AEI Neocon Richard Perle pushed US into the Iraq war for Israel per the 'Clean Break' agenda (http://tinyurl.com/cleanbreak) agenda that he co-authored as Dr. Stephen Sniegoski discusses Perle and company as well in his 'The Transparent Cabal' book (http://tinyurl.com/thetransparentcabal) as I would assume Perle is fine with the Israeli torture tactics (that the neocons pushed for in Iraq and at Gitmo too via JINSA/PNAC/AEI associated Dick Cheney) that we saw in the recently released 'Miral' film as well: see http://tinyurl.com/miralfilm
NOMOREWARFORISRAEL
August 11th, 2011 at 1:40 am
We also saw General David Petraeus (now head of the CIA) basically endorse the neocon torture tactics during his CIA confirmation hearing perhaps because of the apparent influence that neocon warmonger (and torture advocate) Max Boot had/has over him (see following article from the UK New Statesman and scroll down to the comments section there as well):
General Petraeus Leaked Emails about Israel:
http://tinyurl.com/petraeusinnewstatesman
Above UK New Statesman blog entry was mentioned in the following interview as well:
Pro-Israel biased media threat to US security:
http://tinyurl.com/proisraelbiasedmedia
Retired CIA analyst Ray McGovern (who used to give the daily intel brief to Bush, Sr. when he was the VP under Reagan) also mentioned the email exchanges with Petraeus near the end of the following piece:
Will Israel Kill Americans Again (by Ray McGovern)?:
http://tinyurl.com/WillIsraelkillAmericansAgain
Senate Confirms David Petraeus as CIA director:
http://america-hijacked.com/2011/06/30/senate-con…
NOMOREWARFORISRAEL
August 11th, 2011 at 1:41 am
Bottom line is that US support of Israel got the US tragically attacked on 9/11 (and earlier at the World Trade Center in 1993 as well – one just has to look up 'Israel as a terrorist's motivation' in the index of James Bamford's 'A Pretext for War' book and read former Republican Congressman Paul Findley's third edition of his 'They Dare to Speak Out' book as well):
What Motivated the 9/11 Hijackers? See testimony most didn't!:
http://tinyurl.com/911motivation
See the Los Angeles Times article referenced near the beginning of the following URL:
http://tinyurl.com/motivation911
Israel and 9/11 (Petraeus mentioned as well): http://tinyurl.com/israeland911
Barbarians with Blackberrys
http://original.antiwar.com/justin/2011/08/09/bar…
NOMOREWARFORISRAEL
August 11th, 2011 at 1:44 am
PS: Just noticed that the following links posted in my initial comment above aren't going through but should below!:
http://tinyurl.com/cleanbreak
http://tinyurl.com/thetransparentcabal
Ginger
August 11th, 2011 at 3:47 am
Linking this isue to Richard Perle is extremely important because it is rooted in ideology. To militarist ideologues, exemplified by Perle. Carl Schmitt, the one time Nazi legal theorist and idolator of Der Fuhrer, wrote of the "friend -enemy distinction;" the absolute necessity of dividing politics into friend and enemies. Doing so is the"moral clarity" meant by Perle, and the Republicans as they have imbibed this ideology. This distinction is not to resolve politics by having the hope that there can be an end to "enemies; that would be counter to Schmitt's ideology (and Leo Strauss's), it would mean the end to politics in Schmitt's definition, and a loss of meaning in life. So there is a constant need to identify "enemies," thus, moral clarity. Schmitt's legal theories, primarily of dictatorship, is now mainstream American legal thought now, as Eric Posner and other prominent law professors have adopted Schmitt, just like the Germans did in the 1930's. Ironically, the Tea Party is morphing into our version of the Brownshirts, by their adoption of the militarists who travel under the guise of "small government conservatives."
Jim Bovard
August 11th, 2011 at 6:10 am
Great piece!
Terrance&Philip
August 11th, 2011 at 6:42 am
"Leading neoconservative Richard Perle has said that one of the many reasons he admires the Israelis is the moral clarity that they exhibit on the issue of terrorism."
Perle would have felt right at home with the likes of Marat and Robespierre. They too, (and in fact, people like Mao, Hitler and Stalin as well), posessed striking "moral" clarity. It's easy to act, quite often with ill results and for immoral reasons, when you posess "moral" clarity.
Wootie Berster
August 11th, 2011 at 6:51 am
Yes, indeed. The phrase "moral clarity" instantly caused me to think of Schmitt and other icons of fascist thought.. but secondarily it made me think also of the cynical Bolsheviks. That point of intersection is in the willingness to use any and all means to the fantatic ends.
Greg
August 11th, 2011 at 7:06 am
I think perhaps you misread what the author was saying, intentionally or not.
Coleen Rowley
August 11th, 2011 at 7:32 am
The simplistic story-line of good guys vs bad guys
Coleen Rowley
August 11th, 2011 at 7:40 am
I think Giraldi is spot on! But the contours of the law itself allowing the expanded surveillance and collection of information on Americans is only half the equation. The enormous pressures created by the nearly trillion $$ thrown at "Top Secret America" since 9-11 (and that's a conservative estimate)–and the competition inside and between the 3000 agencies/corporations and the need to justify salaries (probably averaging $100,000 each) of the 854,000 "top secret cleared" agents, operatives, analysts, consultants and contractors is the other half of what I call "official green light on". It's the perfect storm of opportunism combining with fear, hate, greed, false pride and blind loyalty mongering that the American people have been submitted to 24-7 since 9-11.
RickR30
August 11th, 2011 at 7:40 am
Sorry, your equation doesn't work at all.
ML3
August 11th, 2011 at 7:46 am
Being the overhyped cowards that they are, the PNAC planners knew they had to get America to see Arabs and Muslims through the eyes of the fearful, cowardly, paranoid Israelis – - – a crop of annoying and dangerous fanatic interlopers surrounded by people who hate them and their crimes. And because Americans are so dumb and scare easily, they have succeeded. After the "Pearl Harbor type of event" of 9/11, we chucked our civil liberties, our innocence until proven guilt, our right to privacy, all in the name of fighting stateless terrorism. We didn't even do this when the USSR was around.
Richard Perle if he ever meets me in street he will be sorry. I don't care how old he is.
ML3
August 11th, 2011 at 7:48 am
I think you just might be an idiot hasbarat yourself.
We no longer have a gov't we call Nazis, but we still have those who will take money to shill for the Nazi's ideological offspring.
coleen rowley
August 11th, 2011 at 7:50 am
Yes and constant cover-ups ensue when flaws and failures, even slight ones, occur with misplaced reliance on double and triple agents in the world of covert intelligence operations. Much of the cover-up is simply due to the need to preserve the clean, simplistic myth in public opinion of "good guys vs bad guys"; friends vs enemies; "us versus them".
The public cannot fathom how a Whitey Bulger and other organized criminal murders in Boston were operated for decades by the FBI as a result of the "dealing with the devil" process. And it must be far worse with the CIA and other international covert operations.
Bruce Richardson
August 11th, 2011 at 8:02 am
Surg ical articulation, as we have come to expect from Dr. Phil.
As the recent economic dog-and-pony show in Washington proves, the American people are in deep stuff with more and more power being ceded to the misfits in Congress who represent their individual monied interests via fronting for corporate America.
We have a "war on drugs." The American military in Afghanistan is dealing in drugs, was kicked out of Kyrghizstan for running drugs, and is laundering the money through U.S. banks to a reported tune of $50 billion. We have a "war on terror." And the U.S. carpet bombs rural villages in Afghanistan, a country that had not ever attacked the U.S., the result of which is mounting civilian casualties.
Avi of Mondoweiss
August 11th, 2011 at 8:32 am
The courts don't seem to have thought this one through.
The provisions of the 4th Amendment aside, surely, one could challenge the use of GPS tracking based on laws against stalking.
tiozapata
August 11th, 2011 at 8:43 am
? Terrorism, ? perhaps the most deadly lie in all the ongoing insanity ! " War IS terrorism with a big budget ! " That truth means there is a lot of terrorists at the upper levels of police state amerika !
Phil Giraldi
August 11th, 2011 at 10:48 am
Avi – Even better you could do two things. First, make it illegal for the police to attach a gps unit to anyone's vehicle without a warrant demonstrating probable cause, and two, make it illegal for phone companies to retain cellphone geolocating data for more than two weeks. The latter would permit police to obtain a warrant if they needed the information in support of a legitimate investigation but would stop fishing expeditions where tons of data is mined and sifted through.
Greg
August 11th, 2011 at 2:20 pm
The argument usually given is that cars and phones are exempt from 4th Amendment protections because they are items and not persons , yet aren't these items the property of US Citizens?
With the Chertoff et al Patriot Act tools of deception , law enforcement can utilize burglary , extortion and harassment while donning themselves in the color of Law to terrorize their "targets" and innocent family members .
The unfortunate result of the "Israelification" of the USA, is an atmosphere of disrespect and fear of law enforcement .
John_Muhammad
August 11th, 2011 at 7:03 pm
"" As President George W. Bush put it, you are either with us or against us, which means that you either support legislation passed by Congress to catch bad guys or you are a terrorist sympathizer and should yourself be put in jail. That is the meaning of the laws criminalizing terrorist support, which stretch and transform the definition to such an extent that *expressing a viewpoint favorable to a group that the United States government has defined as terrorist can land someone in court.* ""
If this is REALLY the case, then why aren't those who are advocating for the MeK to be de-listed as a terrorist group being hauled up by their Buster Browns and given a dose of the strap by the courts? The Mek is already seeking to pay Americans to lobby for them, both private citizens as well as sitting elected officials- and as much as I detest the PATRIOT Act it IS the law of the land that the neocons shoved down our throats so they better the first ones out of the gate to prosecute those spoeaking on the MeK's behalf. Whoever has the power to de-list the MeK has to do it on their own- and anyone else who speaks up for them (or any other terrorist group on the list) is guilty of providing material support and therefore subject to prosecution.
Unless, of course, we're playing the old game of "Oh, it's okay- they might be bad guys, but they're OUR bad guys". Go ahead, US, let it happen and further expose our worldwide hypocrisy.
liveload
August 12th, 2011 at 2:12 pm
The 4th Amendment doesn't explicitly state what constitutes either an unreasonable or a reasonable search and seizure.
Who decides what defines those two parameters?
Debbie(aussie)
August 12th, 2011 at 7:44 pm
All this makes the stasi seem like rank amatures, doen't it. I can't think of too many of us who would have liked to live in east Germany. But we accept the same now.
ML3
August 13th, 2011 at 10:59 am
Here's dumb Goliath shooting himself in the foot for David, again, because David has his fingers up Goliath's bum in the first place!
The US Should act in its own best interests and normalize relations with Iran. Get over what happened in 1979 and apologize for 1953 already. Show some humility and respect and support Iran in its efforts to eradicate combat drug trade and stop MEK attacks. Both have so much to gain from cooperating on trade and regional security, this behavior caused a foolishly missed opportunity.
US will do so many stupid things and act against itself, for all the wrong reasons; it is a sick, and spoiled child, and with whiny snot-nosed jewish punk Israel working in tandem, its proving to be a fruitless and counterproductive effort.
If US was smart, long term No. 1 partner in the region would be Iran definitely.
Avi of Mondoweiss
August 14th, 2011 at 11:31 am
liveload,
Over the years, the parameters in question have been defined through court cases. Out of them, the so-called Terry pat down was born, and the plain view doctrine, the fruits of a poisoned tree doctrine, exigent circumstances, and the good faith exception to search warrants.
Then along came the PATRIOT Act of 2001 and canceled many of those provisions out, by savaging personal privacy and basic civil rights.
And the Supreme Court has been complicit in allowing the PATRIOT Act to last this long, going on 10 years now.
Avi of Mondoweiss
August 14th, 2011 at 11:47 am
Avi – Even better you could do two things. First, make it illegal for the police to attach a gps unit to anyone's vehicle without a warrant demonstrating probable cause, and two, make it illegal for phone companies to retain cellphone geolocating data for more than two weeks. The latter would permit police to obtain a warrant if they needed the information in support of a legitimate investigation but would stop fishing expeditions where tons of data is mined and sifted through.
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Indeed, Dr. Giraldi. But, that would require sensible people to make those decisions. And we all know that it is hard to come by such people in positions of power these days.
We're in deep doodoo when a supreme court justice makes light of torture and human rights violations.
Like you said in a previous article, (paraphrased) so long as the average American is asleep and apathetic, the American people will continue to get the same failed leadership they deserve.
MoT
August 25th, 2011 at 2:19 am
And I think, Avi, you've pointed out the massive elephant in the room. That is… the courts "define" or obfuscate what reasonable or unreasonable is. Pot calling kettle black. It's like asking a child molester to define proper babysitting technique.
MoT
August 25th, 2011 at 2:21 am
which would give them free reign to open your letters or any other communications. Seems the only place they'll "allow" you to express yourself is between your two ears. A cranial free speech zone. But, of course, with conditions!
MoT
August 25th, 2011 at 2:23 am
Got greedy generals to pimp for the MEK already. Goofy bastards don't even know the history of the organization they shill for.