Glenn Greenwald
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The Irrational, Misguided Discourse Surrounding Supreme Court Controversies Such as Roe v. Wade
The Court, like the U.S. Constitution, was designed to be a limit on the excesses of democracy. Roe denied, not upheld, the rights of citizens to decide democratically.
November 01, 2022
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Protesters gather outside the U.S. Supreme Court on May 03, 2022, in Washington, DC, after a leaked initial draft majority opinion obtained by Politico, in which Supreme Court Justice Samuel Alito allegedly wrote for the Court's majority that Roe v. Wade should be overturned (Photo by Anna Moneymaker/Getty Images)

This article was originally published on May 3, 2022

Politico on Monday night published what certainly appears to be a genuine draft decision by Supreme Court Justice Samuel Alito that would overturn the Court's 1973 decision in Roe v. Wade. Alito's draft ruling would decide the pending case of Dobbs v. Jackson Women's Health Organization, which concerns the constitutionality of a 2018 Mississippi law that bans abortions after fifteen weeks of pregnancy except in the case of medical emergency or severe fetal abnormalities. Given existing Supreme Court precedent that abortion can only be restricted after fetal viability, Mississippi's ban on abortions after the 15th week — at a point when the fetus is not yet deemed viable — is constitutionally dubious. To uphold Mississippi's law — as six of the nine Justices reportedly wish to do — the Court must either find that the law is consistent with existing abortion precedent, or acknowledge that it conflicts with existing precedent and then overrule that precedent on the ground that it was wrongly decided.

Alito's draft is written as a majority opinion, suggesting that at least five of the Court's justices — a majority — voted after oral argument in Dobbs to overrule Roe on the ground that it was “egregiously wrong from the start” and “deeply damaging.” In an extremely rare event for the Court, an unknown person with unknown motives leaked the draft opinion to Politico, which justifiably published it. A subsequent leak to CNNon Monday night claimed that the five justices in favor of overruling Roe were Bush 43 appointee Alito, Bush 41 appointee Clarence Thomas, and three Trump appointees (Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett), while Chief Justice Roberts, appointed by Bush 43, is prepared to uphold the constitutionality of Mississippi's abortion law without overruling Roe.

Draft rulings and even justices’ votes sometimes change in the period between the initial vote after oral argument and the issuance of the final decision. Depending on whom you choose to believe, this leak is either the work of a liberal justice or clerk designed to engender political pressure on the justices so that at least one abandons their intention to overrule Roe, or it came from a conservative justice or clerk, designed to make it very difficult for one of the justices in the majority to switch sides. Whatever the leaker's motives, a decision to overrule this 49-year-old precedent, one of the most controversial in the Court's history, would be one of the most significant judicial decisions issued in decades. The reaction to this leak — like the reaction to the initial ruling in Roe back in 1973 — was intense and strident, and will likely only escalate once the ruling is formally issued.

Every time there is a controversy regarding a Supreme Court ruling, the same set of radical fallacies emerges regarding the role of the Court, the Constitution and how the American republic is designed to function. Each time the Court invalidates a democratically elected law on the ground that it violates a constitutional guarantee — as happened in Roe — those who favor the invalidated law proclaim that something “undemocratic” has transpired, that it is a form of “judicial tyranny” for “five unelected judges” to overturn the will of the majority. Conversely, when the Court refuses to invalidate a democratically elected law, those who regard that law as pernicious, as an attack on fundamental rights, accuse the Court of failing to protect vulnerable individuals.

This by-now-reflexive discourse about the Supreme Court ignores its core function. Like the U.S. Constitution itself, the Court is designed to be an anti-majoritarian check against the excesses of majoritarian sentiment. The Founders wanted to establish a democracy that empowered majorities of citizens to choose their leaders, but also feared that majorities would be inclined to coalesce around unjust laws that would deprive basic rights, and thus sought to impose limits on the power of majorities as well.

The Federalist Papers are full of discussions about the dangers of majoritarian excesses. The most famous of those is James Madison's Federalist 10, where he warns of "factions…who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” One of the primary concerns in designing the new American republic, if not the chief concern, was how to balance the need to establish rule by the majority (democracy) with the equally compelling need to restrain majorities from veering into impassioned, self-interested attacks on the rights of minorities (republican government). As Madison put it: “To secure the public good, and private rights, against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our enquiries are directed.” Indeed, the key difference between a pure democracy and a republic is that the rights of the majority are unrestricted in the former, but are limited in the latter. The point of the Constitution, and ultimately the Supreme Court, was to establish a republic, not a pure democracy, that would place limits on the power of majorities.

Thus, the purpose of the Bill of Rights is fundamentally anti-democratic and anti-majoritarian. It bars majorities from enacting laws that infringe on the fundamental rights of minorities. Thus, in the U.S., it does not matter if 80% or 90% of Americans support a law to restrict free speech, or ban the free exercise of a particular religion, or imprison someone without due process, or subject a particularly despised criminal to cruel and unusual punishment. Such laws can never be validly enacted. The Constitution deprives the majority of the power to engage in such acts regardless of how popular they might be.

And at least since the 1803 ruling in Madison v. Marbury which established the Supreme Court's power of "judicial review” — i.e., to strike down laws supported by majorities and enacted democratically if such laws violate the rights guaranteed by the Constitution — the Supreme Court itself is intended to uphold similarly anti-majoritarian and anti-democratic values.

When the Court strikes down a law that majorities support, it may be a form of judicial tyranny if the invalidated law does not violate any actual rights enshrined in the Constitution. But the mere judicial act of invalidating a law supported by a majority of citizens — though frequently condemned as “undemocratic" — is, in fact, a fulfillment of one of the Court's prime functions in a republic.

Unless one believes that the will of the majority should always prevail — that laws restricting or abolishing free speech, due process and the free exercise of religion should be permitted as long as enough citizens support it — then one must favor the Supreme Court's anti-democratic and anti-majoritarian powers. Rights can be violated by a small handful of tyrants, but they can also be violated by hateful and unhinged majorities. The Founders’ fear of majoritarian tyranny is why the U.S. was created as a republic rather than a pure democracy.

Whether the Court is acting properly or despotically when it strikes down a democratically elected law, or otherwise acts contrary to the will of the majority, depends upon only one question: whether the law in question violates a right guaranteed by the Constitution. A meaningful assessment of the Court's decisions is impossible without reference to that question. Yet each time the Court acts in a controversial case, judgments are applied without any consideration of that core question.


The reaction to Monday night's news that the Court intends to overrule Roe was immediately driven by all of these common fallacies. It was bizarre to watch liberals accuse the Court of acting “undemocratically" as they denounced the ability of "five unelected aristocrats” — in the words of Vox's Ian Millhiser — to decide the question of abortion rights. Who do they think decided Roe in the first place?

Indeed, Millhiser's argument here — unelected Supreme Court Justices have no business mucking around in abortion rights — is supremely ironic given that it was unelected judges who issued Roe back in 1973, in the process striking down numerous democratically elected laws. Worse, this rhetoric perfectly echoes the arguments which opponents of Roe have made for decades: namely, it is the democratic process, not unelected judges, which should determine what, if any, limits will be placed on the legal ability to provide or obtain an abortion. Indeed, Roe was the classic expression of the above-described anti-majoritarian and anti-democratic values: seven unelected men (for those who believe such demographic attributes matter) struck down laws that had been supported by majorities and enacted by many states which heavily restricted or outright banned abortion procedures. The sole purpose of Roe was to deny citizens the right to enact the anti-abortion laws, no matter how much popular support they commanded.

This extreme confusion embedded in heated debates over the Supreme Court was perhaps most vividly illustrated last night by Waleed Shahid, the popular left-wing activist, current spokesman for the left-wing group Justice Democrats, and previously a top aide and advisor to Squad members including Rep. Alexandria Ocasio-Cortez. Shahid — who, needless to say, supports Roeposted a quote from Abraham Lincoln's first inaugural address, in 1861, which Shahid evidently believes supports his view that Roe must be upheld.

But the quote from Lincoln — warning that the Court must not become the primary institution that decides controversial political questions — does not support Roe at all; indeed, Lincoln's argument is the one most often cited in favor of overruling Roe. In fact, Lincoln's argument is the primary one on which Alito relied in the draft opinion to justify overruling Roe: namely, that democracy will be imperiled, and the people will cease to be their own rulers, if the Supreme Court, rather than the legislative branches, ends up deciding hot-button political questions such as abortion about which the Constitution is silent. Here's the version of the Lincoln pro-democracy quote, complete with bolded words, that Shahid posted, apparently in the belief that it somehow supports upholding Roe:

It is just inexplicable to cite this Lincoln quote as a defense of Roe. Just look at what Lincoln said: “if the policy of the government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, [then] the people will have ceased to be their own rulers.” That is exactly the argument that has been made by pro-life activists for years against Roe, and it perfectly tracks Alito's primary view as defended in his draft opinion.

Alito's decision, if it becomes the Court's ruling, would not itself ban abortions. It would instead lift the judicial prohibition on the ability of states to enact laws restricting or banning abortions. In other words, it would take this highly controversial question of abortion and remove it from the Court's purview and restore it to federal and state legislatures to decide it. One cannot defend Roe by invoking the values of democracy or majoritarian will. Roe was the classic case of a Supreme Court ruling that denied the right of majorities to decide what laws should govern their lives and their society.

One can defend Roe only by explicitly defending anti-majoritarian and anti-democratic values: namely, that the abortion question should be decided by a panel of unelected judges, not by the people or their elected representatives. The defense of democracy invoked by Lincoln, and championed by Shahid, can be used only to advocate that this abortion debate should be returned to the democratic processes, which is precisely what Alito argued (emphasis added):

Abortion presents a profound moral issue on which Americans hold sharply conflicting views. Some believe fervently that a human person comes into being at conception and that abortion ends an innocent life. Others feel just as strongly that any regulation of abortion invades a woman's right to control her own body and prevents women from achieving full equality. Still others in a third group think that abortion should be allowed under some but not all circumstances, and those within this group hold a variety of views about the particular restrictions that should be imposed.

 

For the first 185 years after the adoption of the Constitution, each State was permitted to address this issue in accordance with the views of its citizens. Then, in 1973, this Court decided Roe v. Wade….At the time of Roe, 30 States still prohibited abortion at all stages. In the years prior to that decision, about a third of the States had liberalized their laws, but Roe abruptly ended that political process. It imposed the same highly restrictive regime on the entire Nation, and it effectively struck down the abortion laws of every single State. As Justice Byron White aptly put it in his dissent, the decision Court represented the “exercise of raw judicial power,” 410 U. S., at 222...

 

Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences…..It is time to heed the Constitution and return the issue of abortion to the people's elected representatives. “The permissibility of abortion, and the limitations, upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.” Casey, 505 U.S. at 979 (Scalia, J, concurring in the judgment in part and dissenting in part). That is what tho Constitution and the rule of law demand.

Rhetoric that heralds the values of democracy and warns of the tyranny of “unelected judges” and the like is not a rational or viable way to defend Roe. That abortion rights should be decided democratically rather than by a secret tribunal of "unelected men in robes" is and always has been the anti-Roe argument. The right of the people to decide, rather than judges, is the primary value which Alito repeatedly invokes in defending the overruling of Roe and once again empowering citizens, through their elected representatives, to make these decisions.

The only way Roe can be defended is through an explicit appeal to the virtues of the anti-democratic and anti-majoritarian principles enshrined in the Constitution: namely, that because the Constitution guarantees the right to have an abortion (though a more generalized right of privacy), then majorities are stripped of the power to enact laws restricting it. Few people like to admit that their preferred views depend upon a denial of the rights of the majority to decide, or that their position is steeped in anti-democratic values. But there is and always has been a crucial role for such values in the proper functioning of the United States and especially the protection of minority rights. If you want to rant about the supremacy and sanctity of democracy and the evils of "unelected judges,” then you will necessarily end up on the side of Justice Alito and the other four justices who appear ready to overrule Roe.

Anti-Roe judges are the ones who believe that abortion rights should be determined through majority will and the democratic process. Roe itself was the ultimate denial, the negation, of unrestrained democracy and majoritarian will. As in all cases, whether Roe's anti-democratic ruling was an affirmation of fundamental rights or a form of judicial tyranny depends solely on whether one believes that the Constitution bars the enactment of laws which restrict abortion or whether it is silent on that question. But as distasteful as it might be to some, the only way to defend Roe is to acknowledge that your view is that the will of the majority is irrelevant to this conflict, that elected representatives have no power to decide these questions, and that all debates about abortion must be entrusted solely to unelected judges to authoritatively decide them without regard to what majorities believe or want.


For those interested, I've given numerous speeches over the years about the anti-majoritarian and anti-democratic values embedded in the Constitution and the Court, including this 2011 lecture at the University of Maryland, this 2012 speech at the University of Indiana/Purdue University, and this 2013 lecture at Yale Law School.

 

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Dear Locals members:

We have good and exciting news about your Locals membership. It concerns your ability to easily convert your Locals membership to SYSTEM UPDATE into a Substack subscription for our new page, with no additional cost or work required.

As most of you know, on February 6, we announced the end of our SYSTEM UPDATE program on Rumble, or at least an end to the format we’ve used for the last 3 years: as a live, nightly news program aired exclusively on Rumble.

With the end of our show, we also announced that we were very excited to be moving back to Substack as the base for our journalism. Such a move, we explained, would enable us not only to continue to produce the kind of in-depth video segments, interviews, and reports you’ve grown accustomed to on SYSTEM UPDATE, but would also far better enable me to devote substantial time to long-form investigations and written articles. Our ability at Subtack to combine all those forms of journalism will enable (indeed, already is enabling) us to ...

Super article, one of his best. Excellently persuasive. Thanks Glenn!

I am going to pick a quotation that has a pivotal focus for the reading:

”(oil is often cited as the reason, but the U.S. is a net exporter of oil, and multiple oil-rich countries in that region are perfectly eager to sell the U.S. as much oil as it wants to buy)”

There is another argument that states that it is to prevent Iran from selling oil to China. So then there is the question, that if Iran only agreed to not sell oil to China, would we still be on the brink of a new war with Iran?

There is also the question of how much money does it cost simply to transport all that military hardware to that region in order to “persuade” Iran and then if Trump decides to return all that military hardware back to home base how much is that cost in addition to the departure journey?

https://open.substack.com/pub/greenwald/p/the-us-is-on-the-brink-of-a-major?r=onv0m&utm_medium=ios

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The Epstein Files: The Blackmail of Billionaire Leon Black and Epstein's Role in It
Black's downfall — despite paying tens of millions in extortion demands — illustrates how potent and valuable intimate secrets are in Epstein's world of oligarchs and billionaires.

One of the towering questions hovering over the Epstein saga was whether the illicit sexual activities of the world’s most powerful people were used as blackmail by Epstein or by intelligence agencies with whom (or for whom) he worked. The Trump administration now insists that no such blackmail occurred.

 

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There are still many files that remain heavily and inexplicably redacted. But, from the files that have been made public, we know one thing for certain. One of Epstein’s two key benefactors — the hedge fund billionaire Leon Black, who paid Epstein at least $158 million from 2012 through 2017 — was aggressively blackmailed over his sexual conduct. (Epstein’s second most-important benefactor was the billionaire Les Wexner, a major pro-Israel donor who cut off ties in 2008 after Epstein repaid Wexner $100 million for money Wexner alleged Epstein had stolen from him.)

 

Despite that $100 million repayment in 2008 to Wexner, Epstein had accumulated so much wealth through his involvement with Wexner that it barely made a dent. He was able to successfully “pilfer” such a mind-boggling amount of money because he had been given virtually unconstrained access to, and power over, every aspect of Wexner’s life. Wexner even gave Epstein power of attorney and had him oversee his children’s trusts. And Epstein, several years later, created a similar role with Leon Black, one of the richest hedge fund billionaires of his generation.

 

Epstein’s 2008 conviction and imprisonment due to his guilty plea on a charge of “soliciting a minor for prostitution” began mildly hindering his access to the world’s billionaires. It was at this time that he lost Wexner as his font of wealth due to Wexner’s belief that Epstein stole from him.

 

But Epstein’s world was salvaged, and ultimately thrived more than ever, as a result of the seemingly full-scale dependence that Leon Black developed on Epstein. As he did with Wexner, Epstein insinuated himself into every aspect of the billionaire’s life — financial, political, and personal — and, in doing so, obtained innate, immense power over Black.

 


 

The recently released Epstein files depict the blackmail and extortion schemes to which Black was subjected. One of the most vicious and protracted arose out of a six-year affair he carried on with a young Russian model, who then threatened in 2015 to expose everything to Black’s wife and family, and “ruin his life,” unless he paid her $100 million. But Epstein himself also implicitly, if not overtly, threatened Black in order to extract millions more in payments after Black, in 2016, sought to terminate their relationship.

 

While the sordid matter of Black’s affair has been previously reported — essentially because the woman, Guzel Ganieva, went public and sued Black, accusing him of “rape and assault,” even after he paid her more than $9 million out of a $21 million deal he made with her to stay silent — the newly released emails provide very vivid and invasive details about how desperately Black worked to avoid public disclosure of his sex life. The broad outlines of these events were laid out in a Bloomberg report on Sunday, but the text of emails provide a crucial look into how these blackmail schemes in Epstein World operated.

 

Epstein was central to all of this. That is why the emails describing all of this in detail are now publicly available: because they were all sent by Black or his lawyers to Epstein, and are thus now part of the Epstein Files.

 

Once Ganieva began blackmailing and extorting Black with her demands for $100 million — which she repeatedly said was her final, non-negotiable offer — Black turned to Epstein to tell him how to navigate this. (Black’s other key advisor was Brad Karp, who was forced to resign last week as head of the powerful Paul, Weiss law firm due to his extensive involvement with Epstein).

 

From the start of Ganieva’s increasingly unhinged threats against Black, Epstein became a vital advisor. In 2015, Epstein drafted a script for what he thought Black should tell his mistress, and emailed that script to himself.

 

Epstein included an explicit threat that Black would have Russian intelligence — the Federal Security Service (FSB) — murder Ganieva, because, Epstein argued, failure to resolve this matter with an American businessman important to the Russian economy would make her an “enemy of the state” in the eyes of the Russian government. Part of Epstein’s suggested script for Black is as follows (spelling and grammatical errors maintained from the original correspondents):

 

you should also know that I felt it necessary to contact some friends in FSB, and I though did not give them your name. They explained to me in no uncertain terms that especially now , when Russia is trying to bring in outside investors , as you know the economy sucks, and desperately investment that a person that would attempt to blackmail a us businessman would immeditaly become in the 21 century, what they terms . vrag naroda meant in the 20th they translated it for me as the enemy of the people, and would e dealt with extremely harshly , as it threatened the economies of teh country. So i expect never ever to hear a threat from you again.

 

In a separate email to Karp, Black’s lawyer, Epstein instructs him to order surveillance on the woman’s whereabouts by using the services of Nardello & Co., a private spy and intelligence agency used by the world’s richest people.

 

Black’s utter desperation for Ganieva not to reveal their affair is viscerally apparent from the transcripts of multiple lunches he had with her throughout 2015, which he secretly tape-recorded. His law firm, Paul, Weiss, had those recordings transcribed, and those were sent to Epstein.

 

To describe these negotiations as torturous would be an understatement. But it is worth taking a glimpse to see how easily and casually blackmail and extortion were used in this world.

 

Leon Black is a man worth $13 billion, yet his life appears utterly consumed by having to deal constantly with all sorts of people (including Epstein) demanding huge sums of money from him, accompanied by threats of various kinds. Epstein was central to helping him navigate through all of this blackmail and extortion, and thus, he was obviously fully privy to all of Black’s darkest secrets.

 


 

At their first taped meeting on August 14, 2015, Black repeatedly offered his mistress a payment package of $1 million per year for the next 12 years, plus an up-front investment fund of £2 million for her to obtain a visa to live with her minor son in the UK. But Ganieva repeatedly rejected those offers, instead demanding a lump sum of no less than $100 million, threatening him over and over that she would destroy his life if he did not pay all of it.

 

Black was both astounded and irritated that she thought a payment package of $15 million was somehow abusive and insulting. He emphasized that he was willing to negotiate it upward, but she was adamant that it had to be $100 million or nothing, an amount Black insisted he could not and would not pay.

 

When pressed to explain where she derived that number, Ganieva argued that she considered the two to be married (even though Black was long married to another woman), thereby entitling her to half of what he earned during those years. Whenever Black pointed out that they only had sex once a month or so for five or six years in an apartment he rented for her, and that they never even lived together, she became offended and enraged and repeatedly hardened her stance.

 

Over and over, they went in circles for hours across multiple meetings. Many times, Black tried flattery: telling her how much he cared for her and assuring her that he considered her brilliant and beautiful. Everything he tried seemed to backfire and to solidify her $100 million blackmail price tag. (In the transcripts, “JD” refers to “John Doe,” the name the law firm used for Black; the redacted initials are for Ganieva):

 



 

On other occasions during their meetings, Ganieva insisted that she was entitled to $100 million because Black had “ruined” her life. He invariably pointed out how much money he had given her over the years, to say nothing of the $15 million he was now offering her, and expressed bafflement at how she could see it that way.

 

In response, Ganieva would insist that a “cabal” of Black’s billionaire friends — led by Michael Bloomberg, Mort Zuckerman, and Len Blavatnik — had conspired with Black to ruin her reputation. Other times, she blamed Black for speaking disparagingly of her to destroy her life. Other times, she claimed that people in multiple cities — New York, London, Moscow — were monitoring and following her and trying to kill her. This is but a fraction of the exchanges they had, as he alternated between threatening her with prison and flattering her with praise, while she kept saying she did not care about the consequences and would ruin his life unless she was paid the full amount:

 



 

By their last taped meeting in October, Ganieva appeared more willing to negotiate the amount of the payment. The duo agreed to a payment package in return for her silence; it included Black’s payments to her of $100,000 per month for the next 12 years (or $1.2 million per year for 12 years), as well as other benefits that exceeded a value of $5 million. They signed a contract formalizing what they called a “non-disclosure agreement,” and he made the payments to her for several years on time. The ultimate total value to be paid was $21 million.

 

Unfortunately for Black, these hours of misery, and the many millions paid to her, were all for naught. In March, 2021, Ganieva — despite Black’s paying the required amounts — took to Twitter to publicly accuse Black of “raping and assaulting” her, and further claimed that he “trafficked” her to Epstein in Miami without her consent, to force her to have sex with Epstein.

 

As part of these public accusations, Ganieva spilled all the beans on the years-long affair the two had: exactly what Black had paid her millions of dollars to keep quiet. When Black denied her accusations, she sued him for both defamation and assault. Her case was ultimately dismissed, and she sacrificed all the remaining millions she was to receive in an attempt to destroy his life.

 

Meanwhile, in 2021, Black was forced out of the hedge fund that made him a billionaire and which he had co-founded, Apollo Global Management, as a result of extensive public disclosures about his close ties to Epstein, who, two years earlier, had been arrested, became a notorious household name, and then died in prison. As a result of all that, and the disclosures from his mistress, Black — just like his ex-mistress — came to believe he was the victim of a “cabal.” He sued his co-founder at Apollo, the billionaire Josh Harris, as well as Ganieva and a leading P.R. firm on RICO charges, alleging that they all conspired to destroy his reputation and drive him out of Apollo. Black’s RICO case was dismissed.

 

Black’s fear that these disclosures would permanently destroy his reputation and standing in society proved to be prescient. An independent law firm was retained by Apollo to investigate his relationship with Epstein. Despite the report’s conclusion that Black had done nothing illegal, he has been forced off multiple boards that he spent tens of millions of dollars to obtain, including the highly prestigious post of Chair of the Museum of Modern Art, which he received after compiling one of the world’s largest and most expensive collections, only to lose that position due to Epstein associations.

 

So destroyed is Leon Black’s reputation from these disclosures that a business relationship between Apollo and the company Lifetouch — an 80-year-old company that captures photos of young school children — resulted in many school districts this week cancelling photo shoots involving this company, even though the company never appeared once in the Epstein files. But any remote association with Black — once a pillar of global high society — is now deemed so toxic that it can contaminate anything, no matter how removed from Epstein.

 


 

None of this definitively proves anything like a global blackmail ring overseen by Epstein and/or intelligence agencies. But it does leave little doubt that Epstein was not only very aware of the valuable leverage such sexual secrets gave him, but also that he used it when he needed to, including with Leon Black. Epstein witnessed up close how many millions Black was willing to pay to prevent public disclosure in a desperate attempt to preserve his reputation and marriage.

 

In October, The New York Times published a long examination of what was known at the time about the years-long relationship between Black and Epstein. In 2016, Black seemingly wanted to stop paying Epstein the tens of millions each year he had been paying him. But Epstein was having none of it.

 

Far from speaking to Black as if Epstein were an employee or paid advisor, he spoke to the billionaire in threatening, menacing, highly demanding, and insulting terms:

 

Jeffrey Epstein was furious. For years, he had relied on the billionaire Leon Black as his primary source of income, advising him on everything from taxes to his world-class art collection. But by 2016, Mr. Black seemed to be reluctant to keep paying him tens of millions of dollars a year.

So Mr. Epstein threw a tantrum.

One of Mr. Black’s other financial advisers had created “a really dangerous mess,” Mr. Epstein wrote in an email to Mr. Black. Another was “a waste of money and space.” He even attacked Mr. Black’s children as “retarded” for supposedly making a mess of his estate.

The typo-strewn tirade was one of dozens of previously unreported emails reviewed by The New York Times in which Mr. Epstein hectored Mr. Black, at times demanding tens of millions of dollars beyond the $150 million he had already been paid.

The pressure campaign appeared to work. Mr. Black, who for decades was one of the richest and highest-profile figures on Wall Street, continued to fork over tens of millions of dollars in fees and loans, albeit less than Mr. Epstein had been seeking.

 

The mind-bogglingly massive size of Black’s payments to Epstein over the years for “tax advice” made no rational sense. Billionaires like Black are not exactly known for easily or willingly parting with money that they do not have to pay. They cling to money, which is how many become billionaires in the first place.

 

As the Times article put it, Black’s explanation for these payments to Epstein “puzzled many on Wall Street, who have asked why one of the country’s richest men would pay Mr. Epstein, a college dropout, so much more than what prestigious law firms would charge for similar services.”

 

Beyond Black’s payments to Epstein himself, he also “wired hundreds of thousands of dollars to at least three women who were associated with Mr. Epstein.” And all of this led to Epstein speaking to Black not the way one would speak to one’s most valuable client or to one’s boss, but rather spoke to him in terms of non-negotiable ultimatums, notably similar to the tone used by Black’s mistress-turned-blackmailer:

 


Email from Jeffrey Epstein to Leon Black, dated November 2, 2015.

 

When Black did not relent, Epstein’s demands only grew more aggressive. In one email, he told Black: “I think you should pay the 25 [million] that you did not for this year. For next year it's the same 40 [million] as always, paid 20 [million] in jan and 20 [million] in july, and then we are done.” At one point, Epstein responded to Black’s complaints about a cash crunch (a grievance Black also tried using with his mistress) with offers to take payment from Black in the form of real estate, art, or financing for Epstein’s plane:

 


Email from Jeffrey Epstein to Leon Black, dated March 16, 2016.

 

With whatever motives, Black succumbed to Epstein’s pressure and kept paying him massive sums, including $20 million at the start of 2017, and then another $8 million just a few months later, in April.

 

Epstein had access to virtually every part of Black’s life, as he had with Wexner before that. He was in possession of all sorts of private information about their intimate lives, which would and could have destroyed them if he disclosed it, as evidenced by the reputational destruction each has suffered just from the limited disclosures about their relationship with Epstein, to say nothing of whatever else Epstein knew.

 

Leon Black was most definitely the target of extreme and aggressive blackmail and extortion over his sex life in at least one instance we know of, and Epstein was at the center of that, directing him. While Wall Street may have been baffled that Wexner and Black paid such sums to Epstein over the years, including after Black wanted to cut him off, it is quite easy to understand why they did so. That is particularly so as Epstein became angrier and more threatening, and as he began reminding Black of all the threats from which Epstein had long protected him. Epstein watched those exact tactics work for Black’s mistress.

 

The DOJ continues to insist it has no evidence of Epstein using his access to the most embarrassing parts of the private and sexual lives of the world’s richest and most powerful people for blackmail purposes. But we know for certain that blackmail was used in this world, and that Epstein was not only well aware of highly valuable secrets but was also paid enormous, seemingly irrational sums by billionaires whose lives he knew intimately.

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Amazon's Ring and Google's Nest Unwittingly Reveal the Severity of the U.S. Surveillance State
Just a decade after a global backlash was triggered by Snowden reporting on mass domestic surveillance, the state-corporate dragnet is stronger and more invasive than ever.

That the U.S. Surveillance State is rapidly growing to the point of ubiquity has been demonstrated over the past week by seemingly benign events. While the picture that emerges is grim, to put it mildly, at least Americans are again confronted with crystal clarity over how severe this has become.

 

The latest round of valid panic over privacy began during the Super Bowl held on Sunday. During the game, Amazon ran a commercial for its Ring camera security system. The ad manipulatively exploited people’s love of dogs to induce them to ignore the consequences of what Amazon was touting. It seems that trick did not work.

 

The ad highlighted what the company calls its “Search Party” feature, whereby one can upload a picture, for example, of a lost dog. Doing so will activate multiple other Amazon Ring cameras in the neighborhood, which will, in turn, use AI programs to scan all dogs, it seems, and identify the one that is lost. The 30-second commercial was full of heart-tugging scenes of young children and elderly people being reunited with their lost dogs.

 

But the graphic Amazon used seems to have unwittingly depicted how invasive this technology can be. That this capability now exists in a product that has long been pitched as nothing more than a simple tool for homeowners to monitor their own homes created, it seems, an unavoidable contract between public understanding of Ring and what Amazon was now boasting it could do.

 


Amazon’s Super Bowl ad for Ring and its “Search Party” feature.

 

Many people were not just surprised but quite shocked and alarmed to learn that what they thought was merely their own personal security system now has the ability to link with countless other Ring cameras to form a neighborhood-wide (or city-wide, or state-wide) surveillance dragnet. That Amazon emphasized that this feature is available (for now) only to those who “opt-in” did not assuage concerns.

 

Numerous media outlets sounded the alarm. The online privacy group Electronic Frontier Foundation (EFF) condemned Ring’s program as previewing “a world where biometric identification could be unleashed from consumer devices to identify, track, and locate anything — human, pet, and otherwise.”

 

Many private citizens who previously used Ring also reacted negatively. “Viral videos online show people removing or destroying their cameras over privacy concerns,” reported USA Today. The backlash became so severe that, just days later, Amazon — seeking to assuage public anger — announced the termination of a partnership between Ring and Flock Safety, a police surveillance tech company (while Flock is unrelated to Search Party, public backlash made it impossible, at least for now, for Amazon to send Ring’s user data to a police surveillance firm).

 

The Amazon ad seems to have triggered a long-overdue spotlight on how the combination of ubiquitous cameras, AI, and rapidly advancing facial recognition software will render the term “privacy” little more than a quaint concept from the past. As EFF put it, Ring’s program “could already run afoul of biometric privacy laws in some states, which require explicit, informed consent from individuals before a company can just run face recognition on someone.”

 

Those concerns escalated just a few days later in the context of the Tucson disappearance of Nancy Guthrie, mother of long-time TODAY Show host Savannah Guthrie. At the home where she lives, Nancy Guthrie used Google’s Nest camera for security, a product similar to Amazon’s Ring.

 

Guthrie, however, did not pay Google for a subscription for those cameras, instead solely using the cameras for real-time monitoring. As CBS News explained, “with a free Google Nest plan, the video should have been deleted within 3 to 6 hours — long after Guthrie was reported missing.” Even professional privacy advocates have understood that customers who use Nest without a subscription will not have their cameras connected to Google’s data servers, meaning that no recordings will be stored or available for any period beyond a few hours.

 

For that reason, Pima County Sheriff Chris Nanos announced early on “that there was no video available in part because Guthrie didn’t have an active subscription to the company.” Many people, for obvious reasons, prefer to avoid permanently storing comprehensive daily video reports with Google of when they leave and return to their own home, or who visits them at their home, when, and for how long.

 

Despite all this, FBI investigators on the case were somehow magically able to “recover” this video from Guthrie’s camera many days later. FBI Director Kash Patel was essentially forced to admit this when he released still images of what appears to be the masked perpetrator who broke into Guthrie’s home. (The Google user agreement, which few users read, does protect the company by stating that images may be stored even in the absence of a subscription.)

 

While the “discovery” of footage from this home camera by Google engineers is obviously of great value to the Guthrie family and law enforcement agents searching for Guthrie, it raises obvious yet serious questions about why Google, contrary to common understanding, was storing the video footage of unsubscribed users. A former NSA data researcher and CEO of a cybersecurity firm, Patrick Johnson, told CBS: “There's kind of this old saying that data is never deleted, it's just renamed.” 

 


Image obtained through Nancy Guthrie’s unsubscribed Google Nest camera and released by the FBI.

 

It is rather remarkable that Americans are being led, more or less willingly, into a state-corporate, Panopticon-like domestic surveillance state with relatively little resistance, though the widespread reaction to Amazon’s Ring ad is encouraging. Much of that muted reaction may be due to a lack of realization about the severity of the evolving privacy threat. Beyond that, privacy and other core rights can seem abstract and less of a priority than more material concerns, at least until they are gone.

 

It is always the case that there are benefits available from relinquishing core civil liberties: allowing infringements on free speech may reduce false claims and hateful ideas; allowing searches and seizures without warrants will likely help the police catch more criminals, and do so more quickly; giving up privacy may, in fact, enhance security.

 

But the core premise of the West generally, and the U.S. in particular, is that those trade-offs are never worthwhile. Americans still all learn and are taught to admire the iconic (if not apocryphal) 1775 words of Patrick Henry, which came to define the core ethos of the Revolutionary War and American Founding: “Give me liberty or give me death.” It is hard to express in more definitive terms on which side of that liberty-versus-security trade-off the U.S. was intended to fall.

 

These recent events emerge in a broader context of this new Silicon Valley-driven destruction of individual privacy. Palantir’s federal contracts for domestic surveillance and domestic data management continue to expand rapidly, with more and more intrusive data about Americans consolidated under the control of this one sinister corporation.

 

Facial recognition technology — now fully in use for an array of purposes from Customs and Border Protection at airports to ICE’s patrolling of American streets — means that fully tracking one’s movements in public spaces is easier than ever, and is becoming easier by the day. It was only three years ago that we interviewed New York Timesreporter Kashmir Hill about her new book, “Your Face Belongs to Us.” The warnings she issued about the dangers of this proliferating technology have not only come true with startling speed but also appear already beyond what even she envisioned.

 

On top of all this are advances in AI. Its effects on privacy cannot yet be quantified, but they will not be good. I have tried most AI programs simply to remain abreast of how they function.

 

After just a few weeks, I had to stop my use of Google’s Gemini because it was compiling not just segregated data about me, but also a wide array of information to form what could reasonably be described as a dossier on my life, including information I had not wittingly provided it. It would answer questions I asked it with creepy, unrelated references to the far-too-complete picture it had managed to create of many aspects of my life (at one point, it commented, somewhat judgmentally or out of feigned “concern,” about the late hours I was keeping while working, a topic I never raised).

 

Many of these unnerving developments have happened without much public notice because we are often distracted by what appear to be more immediate and proximate events in the news cycle. The lack of sufficient attention to these privacy dangers over the last couple of years, including at times from me, should not obscure how consequential they are.

 

All of this is particularly remarkable, and particularly disconcerting, since we are barely more than a decade removed from the disclosures about mass domestic surveillance enabled by the courageous whistleblower Edward Snowden. Although most of our reporting focused on state surveillance, one of the first stories featured the joint state-corporate spying framework built in conjunction with the U.S. security state and Silicon Valley giants.

 

The Snowden stories sparked years of anger, attempts at reform, changes in diplomatic relations, and even genuine (albeit forced) improvements in Big Tech’s user privacy. But the calculation of the U.S. security state and Big Tech was that at some point, attention to privacy concerns would disperse and then virtually evaporate, enabling the state-corporate surveillance state to march on without much notice or resistance. At least as of now, the calculation seems to have been vindicated.

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