Saturday, November 30, 2013

13-11-30 EAST ASIA SEA: Chinese aircraft carrier arriving, escalating tension.

The East Asia Sea affair is likely to be known as Obama's equivalent of Bush' IIs defining moment with the apology to China regarding surveillance flights.
 Placing the nails in the coffin of US hegemony and the rise of the Chinese empire are taking place much faster than anticipated.  The "nuclear option" here is of course - a halt to China's purchase of US T-bills.  It would be the equivalent of declaration of war by China on the US.
jz
___

 
  1. Times of India ‎- 4 days ago
    BEIJING: China sent its sole aircraft carrier on a training mission into the South China Sea on Tuesday amid maritime disputes with the ...
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13-11-30 Message from Washington DC Commander Be


Commander Be, the cheesy astronaut
______

The Most Beautiful Life I Ever Had

Freedom. Who knows what it is? I thought I did. I thought I was free growing up. I thought my parents were free. I thought my friends were free. This is what I was taught in America: I was living in the greatest country in all the world and that because I lived in this country I was most definitely free. Without America, there was no freedom.

But if this is true, then how can I explain that the most free I have felt in my entire life culminated this morning, underneath an apartment building in Tel Aviv, Israel. How can I explain that I found so much freedom being the EXACT OPPOSITE of what America prescribes as successfully free. I was sporting a full-beard, an old sweatshirt and a pair of old sweat pants (all were clean and freely given to me). I was eating a delicious piece of homemade plum-cobbler that I had found pristine, sitting on top of the garbage can I had just opened. I was tucked away in a shaded spot surrounded by ferns and palm trees. The morning sun shone against the neighboring building casting shadows of trees and hanging clothes that danced in the gentle breeze. I had no money and no job. I didn't own a house and wasn't renting an apartment. I didn't own a car or a smart phone. But, I had everything I needed. I was happy. I was free.

America, how can this BE? How could I be so happy and free living the antitheses of the prescribed path? I'll tell you how. Because I had purpose, I was self-sufficient, I was cared for and I cared for others. I was on my own clock, following the directions of my own heart. I arrived to this culminating point of freedom pushing a grocery cart that I was filling with bottles and cans. Bottles and cans that people threw away. Trash that I could turn into money. I was also finding food to sustain myself and my family. Good food that people didn't want. Fresh fruits and vegetables, grains, beans, cheese, chocolate and cobbler. I was turning nothing into something. Creating treasure from trash. I was reducing waste and providing for my own needs and the needs of my family. I was independent. I felt good! and I felt free! because I was good and I was free.

I have mentioned my family twice now and it is important for me to elaborate. Three days ago I was adopted by a community of people living freely in a city park in Tel Aviv. People may know us as homeless, but this is far from reality. If we were homeless (without home; home is where the heart is and something much more than a structure one lives in), how could we have family? We are not even houseless because people have built houses. Houses with beds, living rooms, dining rooms, kitchens and offices. Personally, I have been adopted by one of the nicest families I know. I have a father, mother and brothers here. They have fed me, housed me and clothed me. They have taught me many lessons in Life. I go out searching for treasures for them. The Great Spirit (Law of the Universe) guides and protects our family. We have each other. We have freedom. We have everything we need.
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Friday, November 29, 2013

13-11-30 Shuler's first prison interview - so Richard Fine redux...

===13-11-30 Falsely imprisoned Alabama blogger Roger Shuler - so Richard Fine redux...===
First orange jumpsuit interview with a jailed, white-haired, anti-judicial corruption whistleblower... We've seen this movie before; it's Richard Fine redux... Fine was held in LA in solitary confinement for 18 months (2009-10) under similar circumstances. In Richard Fine's case the unauthenticated, uncertified, sham, nonsensical "Report and Recommendation" by Magistrate Carla Woehrle cited the older Antiterrorism and Effective Death Penalty Act of 1996 [AEPDA], Shuler's sham habeas corpus judgment may be the first to cite NDAA. In Richard Fine's case, the fraud was paraded all the way up to the Supreme Court, which mocked due process and liberty itself in that case. Will we see the same in Roger Shuler's? The assault on whistleblowers in general, and whistleblowers against the court system in particular, is a cardinal sign of the death of Civil Society.

View on blog:
View as PDF: 

[pics]
 
Alabama Blogger Roger Shuler (2013) and former US prosecutor Richard Fine (2009) - whistleblowers on judicial corruption, falsely imprisoned by the state courts, in interviews from jail.
____
* With Richard Fine they did not beat him up, but first they kept him incommunicado a few weeks, with no access to paper and pen. Fine, a former US prosecutor, ended up filing his Petition for a Writ of Habeas Corpus by phone to a friend.
* Here and there, you have the orange jumpsuit photographs of elderly, experienced men, who spoke up against judicial corruption.
* Here and there there, denial of access to records of the false imprisonment is inherent to the fraud.
* Here and there, you have a stubborn Resistance fighter in jail.
Therefore:

Prepare for a long and convoluted story up the courts, which will no doubt, with the passage of time stand out, like Richard Fine's, as high marks for corruption of the state and federal courts in our times...

I bet that the next chapter in Roger Shuler's case would be sham litigation of habeas corpus in the US district court.

In Richard Fine's case the unauthenticated, uncertified, sham "Report and Recommendation" by Magistrate Carla Woehrle cited the older Antiterrorism and Effective Death Penalty Act of 1996 [AEPDA], Shuler's sham habeas corpus judgment may be the first to cite NDAA.

Therefore, where speculations centered on Chomsky or Hedges to be the ones honored as first NDAA detainees, an Alabama blogger, Roger Shuler, little known outside of judicial. corruption fans, may snatch the prize!

LINKS:
[1] 13-10-30 US: Roger Shuler, Alabama online journalist, beaten, arrested, for reporting on extramarital affair of Republican politician Rob Riley !
[2] 13-11-03 ROGER SHULER UPDATE Alabama blogger wife's account of the beating, abduction
[3] 13-11-06 ACLU Fights to Open Court Records of Jailed Blogger
[4] 13-11-15 Alabama Kangaroo Court Parades Liberal Commentator in Chains, Continues Indefinite Jailing
[5] 11-04-23 Habeas Corpus in the United States - the case of Richard Isaac Fine - Review
[6] 09-06-12 Fine v Sheriff (2:09-cv-01914) Dkt #26 - Report and Recommendation by US Magistrate Carla Woehrle
[7] 10-07-12 Complaint for Public Corruption against US Magistrate Carla Woehrle and Others at the US District Court, Central District of California s


By David J. Krajicek on Nov 25, 2013



Columbiana, Alabama—In his first interview since he was jailed last month for contempt of court, Alabama journalist Roger Shuler said he will stay behind bars indefinitely rather than comply with a judge’s “unlawful” order to scrub his blog of scandalous stories he posted about a powerful Alabama politician’s son.

“Free press, free speech, the First Amendment—none of this means anything to these people,” Shuler said. “I don’t see any reason I should remove the material. Is a person obliged to take an action based on a judge’s unlawful order?”

Shuler, 56, spoke to WhoWhatWhy by videophone at the Shelby County Jail in this town 30 miles south of Birmingham. He seemed determined, lucid and optimistic, and he said he had been treated well by guards and inmates alike at the 500-bed jail.

“It’s not real fun being here,” he said, “but I’m doing OK.”

WhoWhatWhy, which reported earlier on his arrest and the free press implications, was Shuler’s first jail visitor since his October 23 arrest. His visitations are limited to a 30-minute window each Sunday afternoon. He speaks to his wife, Carol, nearly every day by phone, but she is hunkered down in their Birmingham home, fearing arrest if she leaves since she is a party to the same contempt ruling.

Shuler said he was encouraged by the attention his controversial case has gained in the alternative media and news outlets in Alabama—positive or not.

“Whether he’s a First Amendment martyr or a scurrilous gossip-monger depends on who you ask,” reporter Mike McClanahan said of Shuler in a story aired on WIAT-TV, the CBS affiliate in Birmingham. The report called the case “a combination political soap opera and battle over the free press.”

“I’m actually pleasantly surprised that it’s getting out there,” Shuler said. “These cases are not easy for the public to comprehend.”


Roger Shuler on Jail Videophone

Affair and Abortion Alleged

The contempt citation that landed Shuler in jail without bail concerns his “Legal Schnauzer” blog posts earlier this year that alleged an affairbetween Liberty Duke, a lobbyist in Alabama, and Robert (Rob) Riley, Jr., a Birmingham attorney and namesake of a two-term Republican governor of Alabama.

Shuler reported that Duke got pregnant, and “Republican insiders” paid her as much as $300,000 to have an abortion and to “stay quiet on the subject.” Both Riley and Duke were married to other people at the time. They denied the affair and filed a defamation lawsuit against Shuler.

The stakes are high for Rob Riley, whose name has been floated as a likely candidate for a soon-to-be-vacant U.S. congressional seat in the Birmingham area.

Shuler said he stands by his reporting, with sources that “go right up to the Riley family.”

A retired Alabama circuit judge, Claud Neilson, was appointed to the case by Roy Moore, the controversial State Supreme Court chief justice. Neilson took the extraordinary steps of sealing the case file and ordering Shuler to remove all content about the alleged affair from his blog. When the stories were not taken down and Shuler failed to appear at court hearings, Neilson held him in contempt, ordered his arrest and jailed him without bail.

The Alabama ACLU and the Reporters Committee for Freedom of the Press have protested the judge’s scrub order as unlawful prior restraint under well-established First Amendment case law.

“The judge hasn’t made a single lawful order in this case,” Shuler told WhoWhatWhy.

Court Proceedings ‘an Insult to Kangaroos’

Wearing manacles, chains and jailbird orange, Shuler finally faced Neilson in court on Nov. 14, when the judge made permanent his injunction ordering Shuler to remove the blog content. According to Shuler, when he explained that he was unable to remove the posts while in custody, the judge curtly replied, “That’s your problem.”

“To call it a kangaroo court is an insult to kangaroos,” Shuler said. “It’s worse than a joke.”

The day after making that comment, he got a measure of affirmation from an unexpected source.

On Nov. 18, the U.S. Supreme Court announced that it would decline to hear the case of a convicted cop-killer from Montgomery who was spared the death penalty by an Alabama jury only to be subsequently sentenced to death anyway by the trial judge. Only three states allow the practice of “judicial overrides,” and 26 of the 27 overrides recorded since 2000 have occurred in Alabama.

In an unusual dissent, Justice Sonia Sotomayor wrote that “Alabama stands alone” in the highly politicized practice, where judges are motivated by re-election, not justice. She wrote:

What could explain Alabama judges’ distinctive proclivity for imposing death sentences in cases where a jury has already rejected that penalty? There is no evidence that criminal activity is more heinous in Alabama than in other states, or that Alabama juries are particularly lenient in weighing aggravating and mitigating circumstances. The only answer that is supported by empirical evidence is one that, in my view, casts a cloud of illegitimacy over the criminal justice system: Alabama judges, who are elected in partisan proceedings, appear to have succumbed to electoral pressures.

She added:

One Alabama judge, who has overridden jury verdicts to impose the death penalty on six occasions, campaigned by running several advertisements voicing his support for capital punishment. One of these ads boasted that he had “presided over more than 9,000 cases, includ­ing some of the most heinous murder trials in our history,” and expressly named some of the defendants whom he had sentenced to death, in at least one case over a jury’s contrary judgment.

The retired judge presiding over Roger Shuler’s case has also been singled out for blatant death penalty electioneering from the bench, WhoWhatWhy has learned.

Judge Claud Neilson was appointed by Alabama Gov. George Wallace in 1974, when Neilson was still in his 30s. Like Wallace, Neilson was a Yellow Dog Democrat. He spent decades as a circuit judge covering three counties in west-central Alabama.

In 1994, he ran for a seat on the Alabama Supreme Court. In a campaign ad, Neilson touted his fidelity to capital punishment, boasting that he “had looked into the eyes of murderers and sentenced them to death,” according to research by the Equal Justice Initiative, an Alabama nonprofit advocacy group.

Neilson lost in the primary. But he has been called on frequently to preside over special-assignment cases, like Rob Riley’s.

After one of those cases, concerning alleged misdeeds by a judge in Mobile, Neilson explained in an interview with a TV reporter that he uses a “gut feeling” judicial style.

“Well, I’ve been a judge for 35 years, and I have watched people testify in court, and I just had the feeling on some of them,” Neilson said. “It’s just something that if you’ve done it for as long as I have, you kinda size up people and kinda have a gut feeling that maybe they may not be telling the truth.”


Justice Sonia Sotomayor

About one-fifth of the 193 men and women on Death Row in Alabama were condemned through judicial overrides of jury sentences. The Equal Justice Initiative has produced numerous reports about the “unreliable, unpredictable and arbitrary” practice—so far to no avail in the Republican-dominated state.

Afraid to Answer the Door

The stakes are not quite so high for Shuler, but resolution won’t come easy.

Even some supporters have questioned Shuler’s strategies, suggesting he could have avoided jail by appearing in court when summoned. A Shelby County sheriff’s lieutenant says he served papers to Shuler on Sept. 29, but Shuler threw them out his car window.

Shuler insisted he was not legally served because the documents were not placed in his hand. He admitted he and his wife refused to answer the doorwhen deputies visited his home a number of times in the weeks before he was arrested. He said they were afraid.

“We had a bunch of thugs come to our door,” he said. “It looked like a raid—like they were there to bust a meth lab.”

He said he is deeply suspicious of the criminal justice system in Alabama—one of the reasons Shuler said he will represent himself in the case, as he has done in a number of previous legal skirmishes.

He quickly added, “I’m not some whack job who doesn’t want help. I want legal help, but it has to be the right kind of help. I’ve had some bad experiences with lawyers, and those experiences tell me that lawyers tend to take your money and represent the other side.”

Blog Emerged After Dispute With Neighbor

His skepticism is informed by the original inspiration for his blog: a barking-dog dispute with a new neighbor in 1998 that escalated into a long, bitter, costly court battle.

Shuler lost, even after paying lawyers $12,000. In his first blog post, on June 3, 2007, the former newspaperman and university publications editor wrote:

I used to think that I probably would never be involved in a court case. And if I was somehow involved, I figured the judge (or judges) surely would rule according to the law. After all, they wear robes, we call them “your honor,” we rise when they come into the courtroom. Of all people, surely a judge would be honest.

This blog will show you how wrong I was. It will show you how judges and attorneys conspire to cheat some people and favor others. It will show you how politics raises its ugly head in our courtrooms. It will show you how you can figure out if you are being cheated by a judge or an attorney (even your own!). And it will show you what you can do about it.

Soon, Shuler was posting as frequently as five times a week with stories—most featuring his own research—about what he called “a culture of corruption that permeates Alabama’s justice system.” His favored subjects involve duplicity, corruption and moral indiscretion by the Deep South political elite.

Among the stories he has featured:

Advocacy on behalf of Don Siegelman, a Democratic former governor of Alabama who was convicted on controversial corruption charges.

Broad criticism of Bob Riley, his latest legal adversary’s father, who served as governor of Alabama from 2002 to 2010.

Judicial corruption across the Deep South.

Relentless criticism of the legal profession for, among many other things, its failure at self-regulation.

Karl Rove, the Republican politico who used Alabama to test his Texas-born strategies of politicizing state judges by finagling appointment of pro-business Republicans to a judiciary that had been largely Democratic.


Don Siegelman

And then there are the more tawdry subjects, like the Riley-Duke stories.

In September 2013 alone, Shuler revealed an alleged past affair involving Alabama Attorney General Luther Strange and a former campaign aide, and he posted a nude photo (allegedly from a gay porn site in 1997) that purported to show William Pryor, a federal circuit judge from Alabama.

Shuler is unapologetic. He said he views his reporting on personal indiscretions as comeuppance for hypocritical public figures who campaign on family and faith but live quite differently.

WhoWhatWhy asked Shuler about his endgame.

“I want to play offense,” said the former sportswriter. “I’m not just playing defense.”

He said he saw a number of legal issues on which he could base “major counterclaims.” Of course, any legal action he brings would go through the same court system that he sees as hopelessly corrupt.

WhoWhatWhy plans to continue doing this kind of groundbreaking original reporting. You can count on it. But can we count on you? We cannot do our work without your support.

Please click here to donate; it’s tax deductible. And it packs a punch.

IMAGE: Justice Sotomayor IMAGE: Siegelman

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Boston Bombing Iron Curtain

Keep it civil. Keep it relevant. Keep it clear. Keep it short. Keep it intelligent. Identify your assertions as fact or speculation. No typing in ALL-CAPS. And please read the article in its entirety before commenting. Note: We reserve the right to remove any post at any time.

Charlie Primero

Good write-up on an interesting story.

Thanks Mr. Krajicek.
Steve Lane

I think Roger should comply with the injunction even though it is illegal then when he is out he will be better placed to launch a counter strike. Only another judge can countermand the order and declare it unlawful. “Judge” Claud Lyons could care less how long Roger is in jail for. He is obtuse and bought and paid for by the Rileys. Even though there is little doubt that right is on Shulers side as he well knows corruption gives not a damn about right. Only power. His family needs him at home.
vicki b

By not appearing in Court, his argument was seriously compromised…Was he jailed for not appearing in Court (legal) or refusing to comply with a pre-trial injunction that cleary was not legal?
Steve Lane

He was jailed for contempt. Considering the actions of the court and police “contempt” is a fully understandable response on Rogers part. Unfortunately all judges whatever the state of their ethics dislike any person in the court acting with apparent contempt for the declarations of the court. For the judge contempt is whatever he interprets it to be. Neilson can keep Roger in jail indefinitely until he considers the contempt purged. It would be difficult to have another judge overrule it. Courts are supposed to be places where laws are interpreted and enforced but the sad reality is for some judges they are personal playpens.

Pingback: In Jailhouse Interview, Alabama Blogger Says He Won’t Budge | Disaster Response Team of America
oicu812a

It’s not a good idea to publicly accuse someone of crimes or improprieties if you can not prove the charges with indisputable evidence, as legal, financial, and vocational repercussions may result. Even if you’re doing it for the ostensibly well-intentioned purpose of getting the evil “other” party out of office. And especially when the dubiously accused individuals are financially and politically well-endowed.
tpmco

Going on offense–absolutely a profound statement on its face. And walking the talk to boot. I hope Shuler kicks ass.

The author’s contention that Shuler faces an uphill battle in a non-working and corrupt system borders on understatement. Few of you will ever understand this until it happens to you. Just try to find a lawyer who will go after a case of law enforcement misconduct unless there is at least one dead body. 
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13-11-30 US Misc-News-of-the-Abuse: taser 17 yo fighting for life

17-Year-Old Boy in Coma, Fighting for Life After Texas Cop Tasered Him For Breaking Up a School Fight

Jodie Gummow, AlterNet

The family is suing the sheriff's department for tasering the teenager and causing severe brain hemorrhaging that has left him in a coma. READ MORE»
http://act.alternet.org/go/40402?t=8&akid=11201.1117888.tnfYS_
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13-11-29 Hanukkah-Thanksgiving dinner with Commander Be from Washington DC


We had a gourmet candle lit dinner of vegetable salad with ripe avocado in regional (Israel) sesame seed oil and regional (Modena Italy) balsamic vinegar, with delicious Israeli Cabernet Sauvignon followed by an assortment of health cakes.  Down and out in Tel Aviv and Berlin is not so bad after all...
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13-11-30 US: Surge in popular resistance: Google vs Obama...


me (Joseph Zernik, Human Rights Alert (NGO) change) 
1:14 AM (1 minute ago)
Try it.........
FUNNY! Obviously Google is part of the US surveillance apparatus, and has full control of such search results. Therefore, the selection that is offered by Google, is the official response by the Powers that Be to the Obama puppetry.
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13-11-29 US: Scenes from the Greater Depression

via RT   (Remove)
Black Friday shopping marred by shooting, clashes and arrests (VIDEOS)
rt.com
Shoppers got more than they bargained for beginning Thursday evening as retail outlets across the United States opened their doors early for annual Black Friday deal seekers, predictably prompting an array of violent episodes from city to city.
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Thursday, November 28, 2013

13-11-28 Hello world!

Recent 
11/28 @ 9:56 : Saskatoon, CA
11/28 @ 1:19 : Mountain View, California, US
11/28 @ 1:14 : Middlewich, GB
11/28 @ 1:02 : Frankfurt Am Main, DE
11/28 @ 12:21 : Stockholm, SE
11/28 @ 11:12 : Dallas, Texas, US
11/28 @ 8:48 : India, IN
11/28 @ 7:30 : Mountain View, California, US
11/28 @ 2:40 : Tel Aviv, IL
11/28 @ 1:23 : Modesto, California, US
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Wednesday, November 27, 2013

13-11-27 Stanley Fischer's legacy in Israel - placing banks above the law, subservient to the US surveillance apparatus // סטנלי פישר ותרומתו למדינת ישראל - בנקים מעל לחוק, פועלים עבור שירותי הריגול של ארה"ב

===Stanley Fischer's legacy in Israel - placing banks above the law, subservient to the US surveillance apparatus===
Under Stanley Fischer, Bank of Israel established Israeli banks as an arm of the US surveillance apparatus, reporting to the US government on their clients.   A new Freedom of Information Act request by Washington DC attorney James Jatras (RepealFATCA.com) on new Bank of Israel Governor Karnit Flug would unveil whether she is ready, willing, able to chart a new path on such fundamental matters.
[עברית להלן]
[pics]
 
Stanley Fischer, former Bank of Israel governor with his newly acquired Israeli ID in 2005; current Bank of Israel Governor Karnit Flug in 2013.
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Occupy Tel-Aviv, November 27 - FATCA (Foreign Account Tax Compliance Act) is an inherent part of the US surveillance apparatus.  It purports to subject banks worldwide to US jurisdiction, and requires that banks worldwide routinely report to the US government on all US citizens' financial transactions.  While the law was NOT yet in effect in the US, and with no basis in the law of the State of Israel, then Governor of Bank of Israel encouraged Israeli banks to fabricate FATCA regulations and enforce them in Israel starting January 1, 2013.

Under Stanley Fischer's tenure as Governor, Bank of Israel refused to publish its own regulations in this matter, or respond on related Freedom of Information Act (FOIA - Israel) requests.  The law of the land remained a secret.  At the same time, under such circumstances, refusal by a US citizen in Israel to sign a waiver of privacy to the US government, resulted in the unlawful seizing of his money, deposited with the Israeli Bank Hapoalim, BM. 

Moreover, the Supreme Court of Israel refused to duly register and review a related petition, which alleged that Stanley Fischer exchanged his loyalty to the laws of the State of Israel with loyalty to the laws of another nations and/or with loyalty to the interests of financial institutions. 

Following the early and hasty departure of Stanley Fischer from his Bank of Israel post, Karnit Flug was recently appointed the new Governor of Bank of Israel.

Now, Washington DC attorney James Jatras, of RepealFATC.com filed a request with Governor Flug to disclose its FATCA related policy.  The letter sums it up as follows:  "instant inquiry seeks to elucidate whether under your tenure as Governor, Bank of Israel and the Israeli banking system will operate in compliance with the laws of the State of Israel, or remain subservient to the extrajurisdictional demands of the US Treasury Department..."

Attorney Jatras's letter to Governor Flug was accompanied by a letter, dated January 27, 2013, on behalf of then Governor of Bank of Israel Stanley Fischer, purporting to explain the legal foundation for the seizing by the Israeli Bank Hapoalim, BM,  of the funds of a US citizen residing in Israel, who refused to sign a waiver of privacy to the US government.  Attorney Jatras's letter to Ms Flug is also accompanied by Attorney Jatras's own opinion letter, dated February 6, 2013, regarding Bank of Israel Fischer's bogus legal claims.

Beyond the matter of FATCA, Attorney Jatras's FOIA request will document Governor Flug's approach to FOIA compliance by Bank of Israel. Under Stanley Fischer, Bank of Israel became notorious for its lack of transparency and refusal to respond on FOIA requests.   

Needless to say, current conditions, established by Stanley Fischer, disregard not only the Rule of Law, but even the principle of Publicity of the Law. 

Integrity of Stanley Fischer, during his tenure as a senior IMF officer, relative to the financial crisis in Argentina, was previously questioned by none other than Nobel Prize winner Joseph Stiglitz.  In his 2002 book,  Globalization and Its Discontents, Stiglitz questioned the integrity of Fischer's conduct in this matter, and raised the possibility that Fischer was in fact doing the bidding of US interests instead.

However, the case of FATCA's unlawful implementation and enforcement in Israel under Stanley Fischer's tenure in Bank of Israel, provides a much better documented example of conduct of the same nature.  Moreover, the general outcome of such conduct by Stanley Fischer as Governor of Bank of Israel was to place Israeli banks above Israeli law.

It remains to be seen whether Governor Karnit Flug is ready, willing, able to undo the damage done by Fischer to the Rule of Law in the State of Israel and chart new path for Bank of Israel on such fundamental matters.   Her response, if any, on Attorney Jastras's requests would speak volumes in this regard.

=LINKS=
[1] 13-11-27 US-ISRAEL: DC Attorney James Jatras' request for Bank of Israel FATCA policy statement by new Bank of Israel Governor Karnit Flug, and corresponding FOIA request
[2] 13-01-27 Response by Governor of Bank of Israel Stanley Fischer, in re: unlawful seizing of US citizen's bank accounts by Bank HaPoalim, BM
[3] 13-02-06 Attorney James Jatras opinion in re: Bank of Israel's Stanley Fischer's January 27, 2013 FATCA Response Letter
[4] 13-09-17 FATCA: a Tool of the Electronic Surveillance State_OpEdNews.com
[5] 13-09-25 Governor of Bank of Israel Stanley Fischer Acted As a Foreign Agent for U.S. Security Apparatus Banking Cartel
[6] 13-03-08 Zernik v Fischer (HCJ 7650/12) - Request for the Chief Clerk's clarification regarding adulteration in Israeli Supreme Court records
[7] 02-06-06 Globalisation and its discontents by Joseph Stiglitz_The Economist
____
Joseph Zernik, PhD
Human Rights Alert (NGO)
Occupy Tel Aviv
____
* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2010 Periodic Review Report regarding Human Rights in the United States, with the note: "corruption of the courts and the legal profession and discrimination by law enforcement in California". 
* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2013 Periodic Review Report regarding Human Rights in Israel, with the note: "lack of integrity of the electronic records of the Supreme Court, the district courts and the detainees courts in Israel."

+++++++++++
===סטנלי פישר ותרומתו למדינת ישראל - בנקים מעל לחוק, פועלים עבור שירותי הריגול של ארה"ב===
תחת כהונתוו של סטנלי פישר, בנק ישראל הפך את הבנקים בישראל לזרוע של שירותי הריגול האמריקאים, המדווחים על לקוחותיהם.  בקשה בכפוף לחוק חופש המידע, שהוגשה על ידי עורך הדין האמריקאי ג'יימס ג'טרס (RepealFATCA.com) לניגדת בנק ישראל קרנית פלוג, תגלה אם היא יכולה ומוכנה להנהיג את בנק ישראל בנתיב חדש בנושאים בסיסיים אלה.

[pics]
 
סטנלי פישר עם תעודת הזהות החדשה שלו ב-2005.  קרנית פלוג - הנגידה החדשה.
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מאהל המחאה, ת"א, 27 לנובמבר - החוק האמריקאי FATCA (Foreign Account Tax Compliance Act)  הוא חלק בלתי נפרד ממנגנון הריגול האמריקאי.  על פי חוק זה, מוכפפים כביכול כל הבנקים בעולם לחוק של ארה"ב, וחייבים לדווח לשלטונות ארה"ב על כל פעילות פיננסית של אזרחי ארה"ב.  בשעה שהחוק עדיין לא נכנס לתוקפו בארה"ב, וללא כל בסיס בחוקי מדינת ישראל, סטנלי פישר, כנגיד בנק ישראל, הפעיל את הבנקים לפברק תקנות לחוק זה ולאכוף אותו על אזרחי ארה"ב בישראל החל בראשון לינואר, 2013.

תחת כהונתו של סטנלי פישר בבנק ישראל, סירב בנק ישראל לתקן תקנות לחוק זה, או לענות על בקשות בכפוף לחוק חופש המידע בנידון.  החוק נותר בגדר סוד.  בו בזמן, תחת נסיבות אלה, נטל בנק הפועלים את כספי פקדונותיו של אזרח ישראלי בישראל, לאחר שהלה סירב לחתום על וויתור על פרטיות לטובת ממשלת ארה"ב.

יתרה מכך, בית המשפט העליון סירב לרשום כדין עתירה לבג"ץ נגד סטנלי פישר בעניין זה.  העתירה טענה שסטנלי פישר החליף את נאמנותו למדינת ישראל וחוקיה בנאמנות לאומה אחרת וחוקיה ו/או נאמנות לתאגידים בנקאיים ועניינייהם.

בעקבות עזיבותו החפוזה של סטנלי פישר טרם תום תקופת כהונתו,  מונתה קרנית פלוג לנגידת בנק ישראל.

ועתה, עורך הדין האמריקאי ג'יימס ג'טרס מוושינגטון הבירה, המייצג את הארגן RepealFATC.com, הגיש בקשה לנגידת בנק ישראל קרנית פלוג לגלות את מדיניות בנק ישראל לגבי FATCA.  המכתב מסכם זאת כדלהלן:  "בקשה זאת מנסה להבהיר האם תחת כהונתך כנגידה, בנק ישראל ומערכת הבנקים בישראל יפעלו בכפוף לחוקי מדינת ישראל, או ימשיכו להיות כפופים לדרישות שמחוץ לחוק של משרד האוצר של ארה"ב."

למכתבו של עוו"ד ג'טרס נלווה מכתב מיום ה-27 לינואר, 2013, בשמו של סטנלי פישר, שהסביר כביכול את הבסיס החוקי לתפיסת כספו של מפקיד ישראלי, תושב ישראל, על ידי בנק הפועלים, לאחר שהמפקיד סירב לחתום על ויתור על פרטיות לטובת ממשלת ארה"ב.  למכתבו של עוו"ד ג'טרס נלוותה גם חוות דעתו של עוו"ד ג'טרס על הנימוקים הבדיוניים שבמכתבו של סטנלי פישר.

מעבר לשאלה של אכיפת החוק האמריקאי FATCA בישראל, הבקשה בכפוף לחוק חופש המידע גם תתעד את גישתה של הנגידה קרנית פלוג לציות לחוק הישראלי.  תחת כהונתו של סטנלי פישר, בנק ישראל נודע לשמצה בחוסר שקיפות ובסירוב לענות על בקשות בכפוף לחוק חופש המידע.

התנאים שיצר סטנלי פישר בבנק ישראל לא רק מזלזלים בשלטון החוק, הם גם מזלזלים בעיקרון של פומביות החוק מלכתחילה.

יושרתו של סטנלי פישר הועמדה בסימן שאלה גם בעבר, בקשר להתנהלותו כבכיר בקרן המטבע הבינלאומית (IMF) בקשר להתנהלותו במשבר הפיננסי  בארגנטינה.  חתן פרס נובל לכלכלה יוסף שטיגליץ, בספרו "חוסר נחת בגלובליזציה" העלה חשד שסטנלי פישר למעשה פעל בהתאם לענייניהן של סוכניות של ארה"ב בתפקידו שם.

אולם המצב לגבי אכיפה בלתי חוקית של FATCA בישראל לטובת מנגנוני הריגול של ארה"ב, מספקת דוגמה מתועדת טוב בהרבה להתנהלות דומה.  יתרה מזאת, התנהלותו של סטנלי פישר בנידון העמידה את הבנקים הישראליים המשתפים פעולה עם מנגנוני הריגול של ארה"ב מעל לחוקי מדינת ישראל.

לא ברור היום כיצד תגיב הנגידה קרנית פלוג על בקשתו של עו"ד ג'טרס, ואם היא יכולה ורוצה לתקן את הנזק שגרם סטנלי פישר לשלטון החוק בישראל, ולסלול נתיב חדש בנוגע לעניינים בסיסיים אלה.  תגובתה של קרנית פלוג, אם תענה כלל על בקשתו של עו"ד ג'טרס, תבהיר עניין זה.

=קישורים=
[1] 13-11-27 US-ISRAEL: DC Attorney James Jatras' request for Bank of Israel FATCA policy statement by new Bank of Israel Governor Karnit Flug, and corresponding FOIA request
[2] 13-01-27 Response by Governor of Bank of Israel Stanley Fischer, in re: unlawful seizing of US citizen's bank accounts by Bank HaPoalim, BM
[3] 13-02-06 Attorney James Jatras opinion in re: Bank of Israel's Stanley Fischer's January 27, 2013 FATCA Response Letter
[4] 13-09-17 FATCA: a Tool of the Electronic Surveillance State_OpEdNews.com
[5] 13-09-25 Governor of Bank of Israel Stanley Fischer Acted As a Foreign Agent for U.S. Security Apparatus Banking Cartel
[6] 13-03-08 Zernik v Fischer (HCJ 7650/12) - Request for the Chief Clerk's clarification regarding adulteration in Israeli Supreme Court records
[7] 02-06-06 Globalisation and its discontents by Joseph Stiglitz_The Economist
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דר' יוסף צרניק
מאהל המחאה החברתית, ת"א
סייג לזכויות האדם (NGO)
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* דוח סייג לזכויות האדם נכלל בדוח התקופתי של האו"ם לגבי זכויות האדם בישראל (2013), עם ההערה: "חוסר יושרה בכתבים האלקטרוניים של בית המשפט העליון, בתי המשפט המחוזיים, ובתי הדין למוחזקי משמורת בישראל".
* דוח סייג לזכויות האדם נכלל בדוח התקופתי של האו"ם לגבי זכויות האדם בארה"ב (2010), עם ההערה: "שחיתות בתי המשפט ומקצוע עריכת הדין בקליפורניה".

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