New Orleans Criminal Defense

Archive for April, 2010

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The events that are currently unfolding in Somalia, whether it is the hijacking of a supertanker off the coast of Somalia or the rapid advance toward Mogadishu by Al Shabaab, has Ethiopia greatly concerned. The Transitional Federal Government that was constructed in Somalia only two years ago is on the verge of collapse as a result of attacks by the radical Islamist group Al Shabaab. In order to prevent the TFG (Transitional Federal Government) from collapsing, Ethiopia alongside the African Union must defeat Al Shabaab or suffer the possible outcome of a second Ogaden War.

Reasons for Xenophobia

The reason for Ethiopian xenophobia was the Somali invasion of Ethiopia on July 13, 1977. During this period the Somali National Army as well as the Western Somali Liberation Front had crossed the Somali border and proceeded to conquer much of the Ogaden region within Ethiopia. (This area has long been claimed by both countries ever since Britain relinquished control to Ethiopia on September 23, 1948) Nearly sixty percent of this region fell into the hands of the SNA (Somali National Army) and the WSLF (Western Somali Liberation Front).[1] The latter was a separatist group already operating within the Ogaden region prior to the start of the war. After the downfall of Haile Selassie, Emperor of Ethiopia, Somalia had began backing the WSLF and eventually joined forces with the rouge group to prepare an invasion of the Ogaden region.

During the war the Soviet Union was initially providing arms to both sides. However, it decided to continue supplying weapons only to Ethiopia after a ceasefire negotiation failed. In addition to Soviet Advisors on the ground, Cuba had also sent troops to support Ethiopia[2] As a result of troop commitments by both the Soviet Union and Cuba, Ethiopia and her allies were able to cause enough casualties on Somalian forces that Siad Barr, president of Somalia, recalled all Somali forces from the Ogaden region on March 9, 1978. However, the WSLF continued to assault Ethiopian forces in the Ogaden and eventually gained control in many areas. It wasn’t until about three years after the Ogaden war did Ethiopia regain control of the entire area of the Ogaden. Even then, the WSLF continued to attack soldiers using guerrilla style tactics.

Can Somalia Still be Saved

There is evidence that Somalia has not been a terrorist safe haven as many would think. According to the Brooking Institution, Al Qaeda has not yet established a presence. No Somali figure has been in the hierarchy of that global terror network. Terror acts inside that country have been relatively minute. Finally, Islamist movements compared to surrounding countries have been low level.[3] However, the recent events involving Al Shabaab show that the tide is turning for the worst in Somalia.

There have been many events that have triggered such a strong militant reaction to the establishment of the TFG. For one, the president Abdullahi Yusuf is pro Ethiopian and anti Islamist which doesn’t make the TFG look legitimate. What it does accomplish is inspire fierce hatred for the TFG and its supporters within the Islamic community in Somalia. This could be the reason why radical Islamists have been able to solidify a political base in Mogadishu.

Another interesting point to be made is that instead of Somalia being a terrorist safe haven, what it actually does end up being is a logistical point within an extremely congested area. There are smugglers that transport money, materials as well as “human capital” to support jihadist efforts in other regions. In an effort to close this transshipment point, the United Nations, Ethiopia as well as the United States helped establish the TFG. The strategy was to create and support a strong central government that could restore law and order within a nearly lawless country. I say nearly lawless because in many parts of the country, Shari’a courts and Islamic institutions provide for much of the law enforcement. The latter must be understood if any outside force hopes to establish order within Somalia.

Somalia can see the day where peace and prosperity reign and radical Islamism is quelled. But first there needs to be reform regarding the TFG leadership structure. First, the current president Abddullahi Yusef must be replaced by a progressive or conservative Muslim figure that is capable of preaching and committing acts of tolerance for all types of Islam except radical. Second, the United Nations as well as the allies of Somalia must support these moderate, progressive and conservative Islamists in order to put pressure on the radicals and destroy their base of support within Somalia.

In defense of Islam

In addition, there is also confusion regarding the different types of Islam. For example, in Somalia there exist three main types: Progressive, conservative and radical.[4] The latter is the type that is most often portrayed in newspapers across the world. However, these same new articles persuade many readers into thinking that every Muslim woman with a hijab is a terrorist and every Muslim man with a beard is a threat. The opposite is actually true. For instance, the vast majority of Muslims in Somalia are relatively progressive reformers that want security and economic prosperity for the country. But the minorities of Muslims, the radicals, cause instability throughout the country by the means of violent attacks and incoherent slogans which distorts the real teachings of the holy book such as giving money to the poor and fasting in order to identify with the needy.

Rebuilding the Economy

One of the first examples to look at is Somaliland in northern Somalia. Even as the southern part of Somalia continues to deteriorate, the northern part is experiencing prosperity. For example, according to Call and Wyeth, Somaliland maintains a high level of public security, has constructed a functional state structure which consists of police, municipalities, ministries and legislature, and has attracted millions of dollars of investment which is flowing into real estate and service sector businesses.[5]  Moreover, they also collect most of their taxes from the seaports and borderlands in the way of custom duties.

In addition to the governmental reconstruction, Somaliland has focused on demobilization of its militiamen in that region. They understood that in order to rebuild their economy, they first need security to do so. The solution that Somaliland has construed was to pay salaries to the former militiamen so they would not have to engage in criminal activity in order to support themselves. If we study the southern part of Somalia we see that criminal activity runs rampant in those areas due to the lack of gainful employment. Kidnappings, piracy and territorial conflicts are seen daily in newspapers around the world. There is no doubt that Somaliland has been successful in its massive demobilization efforts. As a result, the economy has grown. The TFG must replicate this strategy until it is strong enough to take on the radicals by force.

The final part of this article focuses on Special Economic zones (SEZ) and the construction of a Human Resources Administration. Many Asian and African countries have implemented these strategies to increase economic activity in their respective regions. There are numerous benefits of creating SEZ’s. One is employment generation[6]. If there is any country that lacks in this area its Somalia. Within these zones, Somalia should provide a 5 year tax free initiative to lure international companies that build factories in Somalia. By doing so, tens of thousands of jobs will be created which will then increase the tax base which is vial in any emerging economy. In addition to the income taxes, custom taxes will increase as well due to an influx of trade. Per capita income will increase boosting the buying power of many Somalis. As a result of this increase of buying power, real estate values will increase creating addition wealth for the Somalis.

Foreign direct investment is also a byproduct of the creation of SEZ’s. FDI is extremely important to developing economies because it involves the transfer of technology, increases human capital development and it also strengthens the corporate structure of the host country because it allows them to learn how the developed world does business[7] This is an extremely crucial part of developing the economy of Somalia. The reason being is that pastoral nomadism and agriculture has been the main driver of productivity[8]. The absences of skilled labor will only increase productivity to a certain point. By encouraging the influx of FDI by the means of SEZ’s, Somalia can begin to educate its workforce and develop critical skills in all areas of skilled labor from computer technology to the manufacture of automobiles.

The construction of a Human Resources Administration is needed to provide the initial jolt to the economy. For example, the New York City Human Resources Administration provides public assistance, food stamp and cash assistance to the neediest of families in the New York Metro area. These food stamps and cash assistance programs inject billions of dollars into the local economy. The FS benefits are spent at local grocery chains as well as mom and pop stores. These businesses then experience increased sales and end up paying more taxes. Moreover, the cash assistance and public assistance portion are spent on utility bills and rents in the local areas further enriching real estate investors and local companies. By implementing this plan, many Somalis would no longer have to worry about committing criminal activity in order to feed their families. We have all too often seen this type of behavior in regions around the world where jobs are lacking and families go hungry. Local militiamen then approach individuals and offer them work in exchange for mischievous acts. Then the destabilization process begins and we end up with a failed state like southern Somalia.

If readers can extract any logical strategies from this article, it would be that security is the key to building the economy and the economy is the key to state building. This concept is much like the levees in New Orleans. Economic opportunity is the levee that provides protection against extremism. If the levee is broken, the waves of radical ideas will flood the area drowning those that had any hope of increasing their standard of living by means of gainful employment. As a result of the decrease in employment, militias form and begin blaming the state for their woes and the insurgency begins.

[1] Winkipedia., Ogaden War Novermber 17, 2008.< http://en.wikipedia.org/wiki/Ogaden_War>

[2] Globalsecurity.org Ogaden War.November 17, 2008 http://www.globalsecurity.org/military/world/war/somalia3.htm

[3] Brookings Institution. Battling Terrorism in the Horn of Africa. 2005.

[4] [4] Brookings Institution. Battling Terrorism in the Horn of Africa. 2005. P 25

[5] Call, Charles T., and Vanessa Wyeth, eds. Building States to Build Peace. Lynne Rainer Publishers: International Peace Institute, 2008.

[6] The World Bank Group. Special Economic Zones: Performance, Lessons Learned, and Implications of Zone Development. 2008

[7] Federal Reserve Bank of Dallas. Does Foreign Direct Investment Help Emerging Economies? http://www.dallasfed.org/research/eclett/2007/el0701.html >

[8]  Call, Charles T., and Vanessa Wyeth, eds. Building States to Build Peace. Lynne Rainer Publishers: International Peace Institute, 2008. P. 199

 

Our Political System was a revelation in 1776, before
Hidden Microphones & Cameras,
Big Business,
Indoor Plumbing and Toilet Paper,
before Ethics was understood,
and
before the National Security Agency (NSA).

 

The actions of our political Representatives like George Washington were shaped by the ethics of honor instilled by the educational system and social awareness of that time.  Ethics plays no large part in our present educational systems.  Ethics should be a formal part of every class from pre-school to doctoral presentation.  Instilled formally, the people would better understand how to predict consequences from any proposed action.  The corrupt would die out with time and attrition.

 

Since the Declaration of Independence (and the first fights against taxation without representation), technology has allowed Special Interest groups (to include Terrorist Groups, souless Corporations, and corrupt politicians) to use the innate weaknesses of our political structure to undermine the basis for our Constitution; a modern form of racketeering and organized crime, jeopardizing national security.

 

The Citizens of the United States
require implementation of
State representation, including ALL states,
by a large and diverse Ethical Oversight Committee
to ensure the security of peoples Freedoms,
to manage National Security Agency (NSA) operations,
and
to determine how the information collected and derived by
the NSA shall best be used
as it relates to our Freedoms and Security,
and to “absolutely” restrict this information
from any other purpose.

Who are the ghosts behind the faces of our government, who continues to manipulate the world into a continuous chain of wars. A chain that has killed many millions of people, and that deters development?  This is only one relationship the NSA should be informing the public about.

 

The NSA is soley controlled by the office of the President of the United States and only needs a single judge to obtain a warrant to covertly monitor any person or corporation (wire tapping, covertly breaking in to copy documents, copy by any means computer information, record in detail the habits and personal relationships of anyone, …).

 

Recently, President Bush took control away from that judge and even though the judge was ineffectual, the President now has absolute control over the NSA.

 

The President is a puppet of the same organization that controls the Federal Reserve. Therefore they control the United States, not the President, not the People, and certainly not ethics.  The Fed encourages war to promote special interest prosperity.  Loans with interest to both sides of every war.  Interest paid on every dollar produced for the United States.  Who benefits from the interest paid?

 

Current NSA warrants are meaningless and effectively allows the NSA to collect information without public scrutiny, while Presidential directives prevent the NSA from monitoring special interest group corrupt practices and disclosing those actions to the public

 

Under our current system a single judge would have to oversee thousands of covert transactions nationwide to adequately monitor national security issues, and to follow up to ensure those requests were legitimate. Further, since information collected by the NSA can be arbitrarily “classified”, the NSA can arbitrarily prevent the judge from monitoring the kinds of data collected.

 

The current system is not practical and therefore unethical, there is no reasonable way the judge would know what the NSA does with the information collected; and since the judge is controlled by the President, this is highly susceptible to corrupt practices. The current system allows for shielding corruption while promoting unscrupulous special interest activities.

 

The “Protect America Act” is unconstitutional. But a “simple change” to provide “REPRESENTATION by all States” in the covert collection and processing of data would make the Act Constitutionally sound.

 

The NSA must be managed by doctors of science (one parallel position for each State elected political representative; but with no affiliation) to evaluate all data collected and eliminate the useless requirement of warrant by a judge (presently coerced into signing off on any NSA warrant presented before them); and to require the NSA to monitor for corrupt political practices (terrorist activities, criminal activities, political practices that endanger National Security, …), with the mandate to notify the offending parties quietly to correct their unethical behavior, only then after they have failed to correct their actions adequately, their actions are publish on a NSA publicly available website.

 

We the people would then boycott corrupt representatives and their supporting corporations. The associated District Attorney would be notified, and be given the details to substantiate investigation. The District Attorney would then fully investigate and prosecute in accordance with the law. The NSA would at no time directly intervene, thereby limiting their power to nudging our political system away from corrupt activities.

 

The following details how to update our 200 year old political structure to provide representative governance that promotes the economy, desires of the masses, and ethical government practices; allowing the Government and the people to think as ONE.  This same system can be seeded into other governments like Iraq to create an ethical environment for all peoples.

 

_______________________________________________________

 

To find & email your specific Congressmen and Senators:

 

Your State’s Congressmen
Your States’ Senators

 

To email Congressman all across the United States:

 

http://www.conservativeusa.org/mega-cong.htm

To talk directly with the staff of your representatives:

 

(202) 225-3121 for the House  
(202) 224-3121 for the Senate

 

—————————————————————————————————

 

COPY & PASTE THE FOLLOWING to your Representatives  

 

Subject: Create an “Oversight of NSA Ethics committee” (ONE) to manage NSA Data Collection, Assessment, and Directives in the United States

 

As your constituent, I request that you forward the following to all political delegates in every State of the United States, and that a Highly Ethical group of diverse people representing every State and its population be instated to provide ethical oversight and management of all National Security Agency (NSA) data collection, assessments, and directives.

 

Because this large representative body of individuals will act as a covert, but highly trained publicly elected governing body, this will allow the NSA to continue data collection without warrant. The Senate and Congress will provide “oversight and not direct control” of this new branch in our political structure, thereby providing the needed checks and balances.

 

The problem with our current political system is that Special Interests (Oil Companies, Defense Contractors, Big Business Corporations, Foreign Interests, …) actively and covertly influence our political representatives. Private research (to include Terrorist involvement with genetic engineering in all its forms, nuclear physics research, economic initiatives, social reform efforts, …) are potentially high risk threats to National Security, yet are largely unmonitored. Corrupt and Neglective influences are not ONLY the fault of our Representatives, they are the fault of our unupdated 200 year old political structure.

 

To correct this weakness in our Government, in addition to the Senate and Congress, create a new branch of State elected political representatives whose only purpose is to manage the National Security Agency (NSA), which did not exist at the birth of our political structure.

 

Candidates for these new positions must be doctors of science with proven understanding of ethical evaluation. Doctors of science are necessary because they need to understand and interact with the inner workings of computer software to continuously analyze the large amounts of diverse real world data collected.

 

Our present political structure does not have an ethical political component to effectively neutralize the criminal aspect of political pandering, coercive control over our Representatives, or Terrorist influences in our Society and in our Government, but we do have the resources to do so.

 

The National Security Agency (NSA) monitors ALL organizations: CIA, NIS, Air Force, Army, PLO, Al-Qaeda, Defense Contractors, Oil Companies, Greenpeace, ALL of our Politicians, and basically all organizations whether domestic or abroad. Anyone with this information controls the focus of our Nation, along with our Freedoms and Security.

 

An important point here is that collecting information is necessary and of little negative consequence in an ethical environment, what specifically is done with that information is extraordinarily important, especially in unethical and abusive hands. Currently, Special Interests unethically manipulate our country’s assets, despite “We the Peoples” desires. How many people and soldiers have died supporting a business interest rather than a national interest?

 

Greater than $12 Billion “lost” in Iraq, destruction of New Orleans, War in Iraq, manipulation of the media, greater than $12 Billion illegally allocated to Halliburton where they subsequently moved outside of our legal system to Dubai (Saudi Arabia), …

 

As a consequence of Special Interest actions, they erode human rights, leave our country unnecessarily exposed to security threats, and hinder commerce that would flourish were it not for unethical business practices of Special Interests and Large Corporations.

 

Each “Oversight of NSA Ethics committee” (ONE) delegate represents elected representation by certified highly ethical doctors and non-partisan control over our country’s human rights, freedoms, and security.

 

Together with Congress and the Senate, ONE delegates provide a tertiary and complementary system of representation, with each representative political faction having unique assets and control mechanisms. The combination of focused representation for business, the people, and ethics makes the system innately representative, well informed, ethical, and stable. Businesses will continue to sponsor individual Senators and Congressmen, however, all money contributed to ONE candidates shall go into a common fund to promote all potential ONE candidates equally within each State.

 

Because this large representative body of individuals will act as a covert, but highly trained publicly elected governing body, this will allow the NSA to continue data collection without warrant.

 

No longer will we need to have less Freedom to have more Security, or vice versa.

 

These highly trained elected personnel provide for independent maximizing of Freedoms and maximizing of Security for all citizens !!! While the Congress and Senate provide oversight and continues to control the military as part of the checks and balances to make this political structure stable.

 

Presently, special interests make Security and Freedom mutually incompatible. Many countries have the same political structure as we do and yet live in a police state where the individual has no recognized rights; we must prevent a similar situation from happening here in the United States. The current actions of the President’s Office are a prelude of worse things to come.

 

To take into account all perspectives and actual events to maximize both Freedom and Security for our entire country requires much more raw information than 10,000 people can amass, and assessment that would take these people many lifetimes to be just. But events happen concurrently every day that threaten our Freedoms and Security.

 

NSA computers process diverse data at great speeds to provide minute by minute evaluation of threats to our national security, and currently as directed by special interests. To stop the unethical use of NSA resources, a large group of persons extensively trained in ethical reasoning needs to create the “computer-based automated keys” (Directives) for unlocking relationships related to promoting BOTH Freedoms and Security.

 

Directives are computer software analysis functions that sift through real world information. Something like Antivirus programs for protecting your computer. When key relationships are found, a task is generated to cleanup that corrupt system. Ethical care must be taken to ensure good relationships are not disturbed, while corrupt activities are corrected. The concept being: “To do the least necessary to allow unhindered natural social development; while ensuring that repeated corrupt practices of the same types identified do not recur.

 

As Directives are developed that can be generalized for a particular class of social system, they can be shared amongst similarally structured nations. Thereby helping to reduce the development costs for all countries; and provide international peer review of all Directives developed. At no time will raw data be shared by various National Security Agencies of the different nations.

 

Computer systems have been used for similar purposes for many years with great success in economics to limit risks and promote investment diversity. By developing automated directives, this helps to provide integrity and consistent behavior of the NSA. The derived results can then be evaluated by this large team of elected Representatives using state of the art ethical evaluation tools; thus ensuring the information collected is used solely to independently promote the Freedoms and Security of ALL citizens.

 

Please instate a comprehensive “Oversight of NSA Ethics committee” (ONE) to manage the National Security Agency (NSA) as outlined below, a system allowing the Government and the people to think as one.

 

To maintain equitable representation of all peoples, each State shall publicly elect an Oversight of NSA Ethics (ONE) delegate paralleling each elected Congressman and Senator position; but having no affiliation.
The Constitution for each State shall act as the basis for the ethical perspective of each delegate.
The requirements for election as a ONE delegate are:

shall be a certified doctor from a nationally accredited school
shall have authored and published a paper related to ethics in a nationally distributed professional journal
shall be a permanent resident of that State
shall pass uniform but unique tests related to Ethics, Critical Reasoning, probability, and statistics
shall be free of a felony record
shall not be strongly biased regarding any special interests
shall forever be disallowed from ever discussing any information formulated or witnessed while in office; and shall teach ethical evaluation for two years after their term in office
shall submit themselves for lie detection and questioning periodically to prevent outside influence by any special interest

The delegates shall be relocated to the surroundings near the NSA and will be furnished Government owned housing while in office. Physical security for the delegates shall consist of NSA surveillance with an armed NSA controlled security force to control any attempt to access or disproportionately influence the delegate or their family.
Each delegate shall have a two person staff at the NSA and a two person staff in their home State to monitor, collect, and research information.
Each State shall have one highly trained field agent for each delegate for that State whom shall collectively implement directives from the NSA using legal resources.
All work surrounding NSA data collection shall be done in a secure facility protected from military threat.
Absolutely no raw data or interest specific data or interest specific directives shall ever leave the facility under penalty of treason related to all intentionally involved.
No interest specific data or interest specific directive shall be propagated outside of the confines of the NSA by delegate staff or agents under penalty of racketeering.
The ONE delegates shall poll their respective communities related to values and perspectives, but polls shall not contain any Special Interest specific information.
The NSA shall devise and maintain a relational database to allow delegates to productively relate all measure and kind of ethical issue to the vast amounts of information collected by the NSA.
The delegates shall formulate “Automated Directives” for automatically: flagging potentially destructive relationships, developing priorities, developing issued directives to field agents, monitor metrics to verify results, track long term effects and related relationships, provide for a continuously updated scores related to the qualities related to our freedoms and security at that moment in time, and provide simulations for anticipating the effects of issuing a proposed directive and how it would affect the freedoms and security scores, …
The creation of directives shall solely be governed by the ONE Committee. The President, Congress, the House, the Military, nor any other special interest group shall ever have any influence over the creation of directives, other than approved ethical channels of communication. Any attempt to do so outside of approved channels shall be considered treason within the confines of the NSA, and racketeering otherwise, and all involved shall share the same fate, regardless of political standing or financial backing.
Because the positions of the delegates are elected positions. Data would be provided by the NSA which tracks the number of hours each delegate actively performed research, the influence each delegate had on the overall freedom and security qualities, and the core generalized formulas for creating the Automated Directives would be publicly disclosed but would not relate delegate involvement nor the data or type of data that they relate. This is necessary to help ensure high-tech corporations do not fillfully subvert NSA monitored data. Each delegate would be allowed to create public announcements that do not violate that which is outlined above.
The ONE delegates shall govern themselves regarding inappropriate actions generated by a delegate, with periodic oversight by the Senate and Congress. A delegate that fails to use ethical reasoning in promoting a Directive and which benefits a special interest may be penalized and a State elected alternate may take their place.
The term of service for each Delegate shall be four years; followed by a two year mandatory position at an accredited University teaching related ethics topics involving analysis and software. The Delegate may then accept nomination for the following election cycle.
Classes in ethics for learning to create automated Directives shall use independently developed computer models and simulation systems. At no time shall any Directive from the NSA be directly analyzed. The simulated environment would cause errors inconsistent with NSA real world processing. However, relationships discovered can be submitted to the NSA for review through approved ethical channels.
Collectively, the ONE committee shall determine the information necessary to guide the President, Congress, Senate, and the Military. The President, Congress, Senate, and the Military will have continuous one-way input into the NSA as part of NSA data collection, without warrant, the feedback will be immediate, so there is no need for any political party or military component to have dialog with ONE delegates or the NSA data collection and assessment systems.
The Congress and Senate shall provide a team trained in ethical evaluation to periodically monitor (not control) the NSA and report back to the Senate and Congress.
The military remains under the control of the Senate and the Congress; and the NSA shall only be allowed restricted control over a military asset with minute by minute support of the majorities of both the Senate and Congress where time critical relationships exist.
Every political representative in the United States will be able to send their viewpoints to the NSA by sending an email to a NSA server, with only an automated response. But their views will be collected and processed automatically by the data collection system. The same applies for all citizens. All citizens shall have representation and voice.
The administrators necessary to manage the NSA regarding operations personnel, supplies, existing field agents, the budget, and all other aspects of the NSA shall answer to the ONE committee and shall provide a continuous and accurate assessment of resource managment to Congress.
As technology provides greater capabilities in diverse areas such as spy technologies, computer modeling of world economics, …, the NSA shall continue to evolve systems to better represent and anticipate the needs and desires of all citizens.

 

Under this system, the NSA shall collect and assess all information as practically possible worldwide, without the need for warrant in the United States.

 

Instate a comprehensive “Oversight of NSA Ethics committee” (ONE) to govern NSA data collection systems as outlined above; a system allowing the Government and the people to think as one.