Glenn Greenwald
Politics • Culture • Writing
Is Any Due Process Needed to Send Immigrants to Lifelong Prison in El Salvador? Trump Continues the Long-Standing Bipartisan Policy of Bombing Yemen
System Update #424
March 19, 2025
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Donald Trump campaigned on a platform of mass deportations of those who entered the United States illegally. They just sent 236 people to El Salvador – none of whom is from that country or has anything to do with that country – and they sent them to one of the world's worst and most repressive prisons. And all of this was done without any due process. A federal court already ordered that nobody be deported to El Salvador without a hearing, even ordering that any planes in the air on their way to El Salvador come back but the Trump Justice Department argued that the judge lacked any authority to issue such an order and thus ignored it. 

The United States government, President Trump, in his second term, just ordered a significant bombing campaign against the Houthis in Yemen, which his National Security Advisor says will be a “sustained bombing campaign.” All of this was done without any Congressional approval, let alone any declaration of war. 

As the friend of the show, Michael Tracey, put it, when this new bombing campaign in Yemen was announced, “You will seldom lose money betting on bipartisan continuity in U.S. foreign policy.” 

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Some of you know the reason why I went into journalism and started writing about politics was principally in reaction to what I had perceived to be the grave assault on civil liberties and basic constitutional rights, carried out by the Bush-Cheney administration, in the name of the War on Terror. 

There were many components to what I thought were the attacks on free speech but one of the most significant, one of the most egregious, was that the president, very broadly, under Article II, claimed the right to exercise virtually unlimited power that no court and no one in Congress could limit what he did in his prosecution of the War on Terror. He could ignore congressional statutes as the Bush administration did when it came to spying on Americans and not even courts could issue orders that constrained him in any way. 

Essentially, the president has the full, untrammeled right to carry out whatever he decides is necessary and one of the specific steps that the Bush-Cheney administration did in fact carry out, beyond spying on Americans with no warrants, that I found very alarming was creating a prison camp off of what they thought was American soil in the middle of the Atlantic Ocean, in Guantánamo, part of Cuba, to create a prison where people were thrown into basically black holes simply because they were accused by the president or the administration of being terrorists – but never actually needing to prove the truth of those accusations. 

These people were imprisoned oftentimes for years based solely on the say-so of the administration. They had no opportunity to have lawyers, they had no opportunity to know what the accusations against them were and they had no opportunity to contest the charges and accusations that were lodged against them. 

When people like me would stand up and say, “How do you just throw people to a black hole for eternity without at least giving them an opportunity to show that they did nothing wrong or to contest the accusations that you're making against them?”, the Bush administration's argument was, “Oh, don't worry, don't worry. All the people we're putting in Guantánamo are terrorists, trust us. We've labeled them terrorists, and they're not just terrorists, but these are the worst of the worst terrorists”, in order to convince everybody not to care about what happened to them, to even be happy about the fact that they were being imprisoned for life with no due process of any kind. 

And it was only in 2008 when the Supreme Court said, under the Constitution, everybody under the power of the U.S. government has the right to habeas corpus, which is a right guaranteed by the Constitution, basically, to go into a court and say that you're being wrongfully detained. 

And once that happened, it turned out, and even the U.S. government admitted, that not a few people, but many of the people that were detained in Guantánamo, were actually guilty of nothing. They were innocent, we're unjustly accused and never had anything to do with any terrorist organizations. Sometimes people in their community would tattle on them because they had some grudge, and the U.S. military would then pick them up based on these gossipy accusations. Many times, it was a mistaken identity. And again, that's not just me saying that, that is the U.S. government admitting it, and that's why there had been a thousand people in Guantánamo, and now, 25 years later, there's fewer than 40, because the U.S. government ended up releasing them all, obviously because they believed they were not a threat and admitted that many of them were never a threat, which is always what will happen if you put power in the hands of any human to censor people, to punish people, to imprison people, they're often going to get it wrong. 

 And so, had the Supreme Court not ruled that Guantánamo detainees had the right of habeas corpus, the right to go into court and see the evidence against them, many of these innocent people would have been held for far more years than they were actually already held in Guantánamo. Some people were held there for 10 or 15 years of their lives and the U.S. government now acknowledges never had any involvement in a terrorist organization. 

 If you go to law school and study the Constitution, if you read the Bill of Rights, due process is central to everything. The idea that the government cannot punish people without giving them an opportunity for some process to know what the accusations are against them and to disprove them or contest them – and the Supreme Court said that even for non-citizens in Guantánamo because the Supreme Court ruled that Guantánamo was essentially under U.S. sovereignty and that anybody under U.S. sovereignty has the right to invoke the Bill of Rights, which is a document that restricts what the U.S. government can do to anybody. 

This is what we went over in the case of Mahmoud Khalil and the general effort to deport green card holders or visa holders from the United States based on their speech. They have the right to invoke the right of free protest, even though they're not U.S. citizens, which is 150 years of Supreme Court jurisprudence. But it's also true of people who aren't visa holders at all, who don't have any visas, who don't have any green cards, such as Guantánamo detainees. 

President Trump indeed campaigned on a promise to initiate a program of mass deportations against people who enter the United States illegally, who cross the border with no approval of the U.S. government, who have no visa, who have no green card, no legal right to be in the United States. Usually, what deportation means is that you take the person who's in your country illegally and you just send them back to the country of origin, whatever country of which they're a citizen. In that case, the stakes aren't that high. I mean, it is for some people who have been in the United States for a long time, but in general, the reason the public ratified that is that people believe that if you enter the United States illegally, the U.S. government has the right to send you back to your country. You don't go back to prison, you just go back to your country. 

What the Trump administration is now doing is much, much different than the way deportation is carried out. 

Here, from CNN, on February 4, 2025:

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The president of El Salvador has become a kind of darling of the international populist right. There's a lot of admiration for how he eliminated violent crime by just rounding up thousands and thousands and thousands of people and putting them into some of the most repressive prisons – again, rounding them up without much due process. There are obviously a lot of people in those prisons who are violent gang members who deserve to be locked up but some people don't deserve to be locked up, which is what happens when you put people in prison without due process. 

These prisons are designed to keep people forever. They are about the worst place you could want to be, anywhere in the world. There's a maximum-security prison in El Salvador that has been built for gang members who they call terrorists. That's about the worst place you can want to be. But the El Salvadoran president has been currying favor with the Trump administration and said, “If you need a place to send illegal immigrants when you're deporting them, we don't even care if they have anything to do with El Salvador, if they've ever been to El Salvador, if they're citizens of El Salvador, just send them back to us, we will put them into these very repressive prisons and just keep them there” and that's what the United States government under the Trump administration is now doing, not deporting these people in the normal course of deportation. They're not going back to their country of origin, even though in the case of say Venezuelans: the Venezuelan government has made it very clear they will take back all their deported illegal immigrants. They've been taking them back. We're not sending El Salvadorans back to El Salvador, we're sending Venezuelans to El Salvador or any other nationality that the U.S. government decides should be there. 

In other words, we're throwing them into a black hole for life without any charges against them, without any due process. We're knowingly imprisoning people for life with no due process.

 Everything that has been said about Trump in terms of his being a threat to democracy, an autocrat, an authoritarian and someone who intends to ignore the law and replace it with his will, has been predicated on the notion that Trump will abide by no limits. I watched Trump during the first term, repeatedly, when courts invalidated his actions as unconstitutional, observe those court orders. I watched as conservatives constantly ran into federal courts to invalidate Joe Biden's actions.; conservatives went into federal court for rulings that his pressure on social media companies to censor dissent was unconstitutional and that his cancelation of loan guarantees was unconstitutional. There was actually an instance where Democrats called on him to ignore a court order. Biden effectively did that by proceeding with loan cancelations, even after the courts said that doing so needed an act of Congress and that Biden didn't have the right to just do that through a regulatory order or executive order. 

But in general, Trump has abided by judicial orders, and he was asked last month whether there was any chance that he would ignore a court order, or violate court orders, and he said, “Absolutely not. I don't violate court orders. If the court orders something, then that becomes the law, and you appeal it. That's the solution, not to violate it.” And he was very clear on that. 

Now, the way in which the White House is trying to justify these deportations to El Salvador and simultaneously argue that people being sent there to be in prison for life have no right to any hearing, no right to any due process, neither in the United States nor in El Salvador, is because they have invoked, and here you can see the White House order from today: “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua” (The White House. March 15, 2025.)

In other words, they're saying, just like in World War II, just like in other declared wars, that we've declared war on these Venezuelan drug gangs and once the president is waging a war – and the argument is we've been invaded – then essentially the courts and the Congress have no right, no role to play whatsoever in anything the president decides to do. Similar to the Bush-Cheney argument that in the War on Terror, neither courts nor Congress could limit anything that they did. 

This was the old law that was used during World War II by FDR to provide for the internment of Japanese Americans. There you see the executive order from February 1942:

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It's very difficult to argue that no matter what your view of the problem of illegal immigration is – and I think it's a huge problem; I've talked about the reasons before – it used to be a left-wing cause. When I started doing journalism it was a Bush-Cheney and the Chamber of Commerce’s goal to create amnesty for people in the country, to open up the borders more because large corporations whom Bush and Cheney served wanted a massive labor pool, not just of Americans who they have to pay a high wage to but of people who come into the country illegally who they can pay much less.

It was corporations and the party that served corporations, the Republican Party, that wanted massive migration in the United States and it was the left – people like Bernie Sanders, union leaders and African American groups – that opposed this kind of immigration because the people who would be harmed would be the American worker. It would drive down wages and take away jobs from Americans, primarily Black people and Latinos. 

I'm not contesting, I don't think many people at this point are contesting, that the flow of millions of people into the United States with no controls poses massive societal problems. However, there is no circumstance under which that can be described as a war in the way our prior wars declared by Congress have been. And that's one of the reasons why the judge stepped in.

Here from Politico, earlier today. 

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U.S. District Judge James Boasberg on Saturday ordered the Trump administration to immediately halt efforts to remove those Venezuelan migrants until he has more time to consider whether Trump’s use of the Alien Enemies Act was illegal.

The lawsuit, brought on behalf of five named Venezuelan immigrants, was provisionally turned into a class action — meaning it serves as a block on the deportation of all non-citizens in U.S. custody who are subject to Trump’s proclamation invoking the rarely-used law.

Two aircraft believed to be carrying Venezuelan deportees took off from an airport in Harlingen, Texas, during a break in a video hearing Boasberg conducted Saturday for the lawsuit filed by immigrant-rights advocates. According to flight tracking databases, one plane was bound for San Salvador, El Salvador, and the other for Comayagua, Honduras, and they were in the air nearing their destinations as Boasberg issued his order.

Boasberg said there are serious legal questions about Trump’s rationale for invoking the 1798 law — used only three times in American history — by labeling the criminal gang Tren de Aragua the equivalent of a foreign government. (Politico. March 15, 2025.)

 Anything that the president does that is significant and consequential, certainly, things that he does that are readily used in history are subject to the question of whether the Constitution permits the president to do that. That's why, even though it's not in the Constitution, judges review the constitutionality of the other branches' acts.

The Supreme Court, 200 years ago, said that the only way a constitution makes sense, the only way a document makes sense if you impose limits on the president or the Congress is you have somebody that adjudicates the question of whether the president or the Congress have exceeded their limits in the Constitution. If courts don't have the power to do that, if nobody has the power to do that, then the Constitution is worthless. This is why in Marbury vs. Madison, the Supreme Court, early in the 19th century, in the 1800s, said that the Supreme Court necessarily has that power to say what the law is, otherwise, there's no point in having the law. 

There are many checks on the courts. The only people who ever get to the court, the federal court, are people appointed by the president and then confirmed by the Senate. So, you already have those checks. But then, also, Congress can impeach judges for abusing their power and for acting corruptly – another check on the judiciary. It's not as though there are no checks on the judiciary. 

Congress has a lot of different ways to rearrange the judiciary, to punish the judiciary but, if you don't have a judiciary that determines whether or not the government is violating an individual's constitutional right, those constitutional rights are illusory, they're meaningless. 

Yet, it does seem, in this case, that the Trump administration decided to ignore the court order and they're basically admitting now that they did, although they're justifying why they were allowed to. 

Here, from Axios on Sunday:

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The Trump administration says it ignored a Saturday court order to turn around two planeloads of alleged Venezuelan gang members because the flights were over international waters and therefore the ruling didn't apply, two senior officials tell Axios.

The White House welcomes that fight. "This is headed to the Supreme Court. And we're going to win," a senior White House official told Axios. (Axios. March 16, 2025.)

It is possible they will win. It's possible the Supreme Court will hold that this is a constitutionally valid invocation of this war power, of this Alien Enemies Act, as applied to this case. It's, I think, quite possible that they won't win. And that's the reason the court ordered an injunction against deportations: precisely to have time to determine whether this power Donald Trump is claiming is being exercised constitutionally and legally. 

No matter how much of a supporter you are of Donald Trump, no matter how much you support the policy that he is enacting – and as I said, this isn't just about the deportation of people in the country illegally, If it were just about deportations, sending people back to their country of origin, the controversy would be far less intense – the issue is that these people who are being sent to El Salvador are being sent there purposefully because the El Salvadorian government has said that they will be immediately put into a maximum-security prison where effectively they will never leave for life. 

Just like in Guantánamo, you shouldn't trust the U.S. government when it says, “Oh, don't worry, we've decided these people are members of a violent drug gang,” because undoubtedly they're going to make mistakes, and they're going to accuse people falsely of being part of that drug gang, and they're going to spend life in prison, in some of the worst conditions, because they were never given even a small opportunity to contest or to prove that the accusations are false or to force the government to prove that they're true. 

 As is true of most things that Trump is doing, he didn't hide the fact that he intended to do this. I say most things that Trump is doing because bombing Yemen was something for which he criticized Joe Biden and now he's doing that but Trump is very open about his plan to invoke this old law that has barely been used three times in American history when we were clearly at war. That's to his credit, but that doesn't mean that the courts are powerless and play no role in determining whether the invocation of that law is actually permissible under the law itself and under the Constitution. That's the way our democracy has worked basically from the beginning as presidents engage in action, Congress passes laws and the courts determine whether those actions are constitutional and legal. It doesn't make the Judiciary supreme because there are a lot of checks on the judiciary still. 

The reason it was a 5-4 decision is not because four of the judges ruled that Guantánamo detainees have no constitutional rights because they're non-citizens. That was not their ruling. All nine of the justices agreed that the detainee status of non-citizens does not preclude their right to invoke constitutional rights. The argument of the Bush administration was, we know there are 125 years of Supreme Court precedent that says that the Bill of Rights applies to everybody within our jurisdiction, but this is Guantánamo Bay. We purposely built the prison outside of the United States to avoid this. The United States is not the sovereign power of Cuba. Cuba is the sovereign power of Cuba. So, our conduct in Cuba is not subject to the Constitution, the Bill of Rights, or the orders of the court. And that was what the court decided on and split on five to four. 

Here, from the CBC, March 2009:

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And that was very much the climate after 9/11: who cares about legal niceties, who cares about constitutional limits? Just pick them all up and kill them all without the slightest regard for whether or not we really know that they're innocent or members of a terrorist organization. 

We were assured by the Bush government over and over and over that the only people in Guantánamo were terrorists, they had done all the necessary vetting to determine that. They weren't just terrorists, but they were “the worst of the worst.” It turns out that so much of that was untrue and the U.S. government has been admitting that over and over ever since. 

Here, from NBC News, in October 2016:

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Mohamedou Ould Slahi was sent back to his native Mauritania after 14 years of captivity, during which he was never charged with a crime.

Slahi, 45, was an engineer for technology companies; he was put in Guantánamo Bay in 2002 under suspicion of being a recruiter for al Qaeda. He'd expressed loyalty to the group in the early 1990s, but his lawyers say that was when he fought with anti-Communist mujahideen in Afghanistan. (NBC News. October 17, 2016.)

“Guantánamo Diary” was a best-selling book about his time in Guantánamo, made into a film where Jodie Foster played his lawyer. We interviewed Mohamedou back in 2021. I had met him in Amsterdam where he is now living, but that is a case where the U.S. government acknowledged that he had no ties to al-Qaeda and released him for that reason and that has been happening over and over for the last 25 years. 

One of the things that has been making me somewhat sick, going back to the first Trump administration, is that the precise people who did what I'm describing in the Bush-Cheney administration – who pioneered this radical Article II theory of executive power that the president is unlimited and can't be constrained by a court or Congress, as part of the War on Terror, that he has the right to put people in prison with no due process – have now morphed into Never Trump people and are constantly criticizing Trump and even depicting him as some unique evil for doing exactly what they did, advocated and implemented less than 20 years ago. 

Here's Bill Kristol on X:

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His fellow Bush-Cheney neocon, David Frum, said much the same:

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Again, these are the people, David Frum and Bill Kristol and all of these Bush-Cheney operatives who are now heroes of liberal punditry, who invented these theories they're now claiming are the hallmarks of autocracy. 

I wrote an article when I first started my blog, An Ideology of Lawlessness, which described how these theories of Article II executive power had been invented out of whole cloth to say that presidents had the power to do whatever they wanted and nobody, not courts or congress, could scrutinize it, or limit it in any way. The presidents had the right to ignore congressional statutes. So, if Congress passes a law saying, you're not allowed to eavesdrop on American citizens without getting a warrant first from the FISA court, Bush and Cheney violated that. They spied on Americans without getting those warrants. Afterward, their argument was, well, we had the right to. We were prosecuting the War on Terror and Congress has no power to limit anything we can do. And the same with the courts. 

 I found that theory incredibly authoritarian and alarming back then. I do not think the founders envisioned a country where a president in any circumstance could act with whatever powers he wants in violation of people's constitutional rights and neither the courts nor the Congress could stop him, including in war, where it is true, the president's powers are at their apex. 

The question here, of course, is if the United States is really at war in the sense that we've always understood that – Venezuelan drug gangs are criminal gangs, they're not a government, they're not a country. We're not at war with Venezuelan drug gangs or at least that's certainly a significant question for the courts to decide before Trump starts rounding people up and throwing them into holes in El Salvador. 

It's not just Never Trump-Bush-Cheney operatives who are condemning what they've done. There are a lot of Democrats and liberals acting as if violating a court order is the one red line that a president can't cross without destroying the entire constitutional order. Even though, as I said, President Biden arguably did that – I think he did do that when he ignored the court order on student loan cancelations – there are prominent Democrats, including Alexandria Ocasio-Cortez, who were urging Biden to ignore and violate the court order on the ground that it had no legitimacy, not to appeal it, but to just ignore it.

Video. Alexandria Ocasio-Cortez, CNN. April 8, 2023

That's exactly the argument of the Trump administration now and was the Bush administration back then too: if we deem any act or any check from any other branch to be illegitimate, including courts, we’re just going to ignore them. We shouldn't agree to be bound by court rulings that we consider illegitimate. 

That's exactly what the Trump administration is arguing in court right now. In part, they're saying because it wasn't a written order, it was an oral order and having studied law, having practiced law, I can tell you that nobody ever thought that orders of the court were invalid until they were put in writing. Many judges issue orders orally and they're considered to be orders, but the bigger argument of the Trump administration is the same one AOC marshaled there, which is, that we'll obey court orders when the courts are acting within their legitimate power and since we don't think courts have the right to order us to turn planes around, then we ignore that, we're happy to and we think we were right too. 

Remember when the constitutional convention was held and Benjamin Franklin came out, a woman on the street, in Philadelphia, asked him, “What is it that you created there? He said: “A republic, if you can keep it.”

They understood that despite the fact that central to their whole design was checks and balances never allowing one branch to get too powerful, never allowing one branch to operate without checks, they were counting on every branch always trying to increase their power at the expense of the other. And in this internal conflict, there would be a balance. 

Congress, however, has abdicated its role because they are controlled by Republicans and even without that, they're basically unwilling to exercise their power when it comes to things like their power to declare war. The president constantly involves the U.S. in military conflict without congressional authorization. Congress does nothing about it and, in many ways, the Supreme Court defers a great deal to executive power.

 I do think that ignoring court orders is a red line that shouldn't be crossed. I thought that when Biden did it and when liberals were calling for it and I certainly think that's true now and I also think that we can allow human power to be exercised even in a significant way as long as there's some check and limit on it. Even when it comes to people who enter the country illegally, we should not be sending people to prison for life without any chance whatsoever for them to contest the accusations against them, for them to be able to demonstrate that what they're being accused of is an error because it is certainly going to be the case that a lot of these are errors. 

Since it's not just deportation, but now you're talking about imprisonment for life in El Salvador, a country they have no connection to, the need for due process is even greater. I understand that people want illegal immigrants out of the United States, but they are still human beings and we should not empower the U.S. government to be able to imprison people for life without having some sort of hearing in court to determine whether or not that power is being exercised justly. 

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At this point, it's basically virtually a tradition, like a rite of presidential passage, that every new administration starts bombing Yemen, the Houthis in Yemen. There was bombing by the Bush administration in a limited way as part of the War on Terror in Yemen. President Obama escalated it significantly. He escalated the bombing of alleged terror targets through drones and often attacked the Houthis in Yemen, but he also worked with Saudi Arabia, which waged a full all-out war against the Houthis in Yemen. They regarded them as an arm or an extension of Iranian power, a proxy of Iran, and therefore Saudi Arabia in their competition with Iran, viewed the Houthis controlling Yemen as their enemy. 

The Obama administration worked with the Saudis, provided them with all kinds of weapons, provided them with intelligence about where to strike and the Saudis waged a barbaric war against the Houthis in Yemen creating what all human rights groups recognize was the worst humanitarian crisis on the planet. 

Yemen is the poorest country in the world and the war that Saudi Arabia with the help of the Obama administration brought to Yemen made all of those humanitarian challenges much, much worse, including mass starvation throughout Yemen. 

During the first Trump presidency, there was a bombing of the Houthis in Yemen and then when President Biden got into office, he said he was going to work with Saudi Arabia to stop the war in Yemen, but, after October 7, when the Houthis began attacking ships in protest of the Israeli destruction of Gaza, Biden ordered continuous bombing. 

There were months where there was bombing essentially every day throughout 2024 just constant never-ending bombing. Biden ended up dropping a thousand bombs on Yemen in 2024 alone. European allies dropped a large number as well in conjunction with the United States. So, the United States has been bombing Yemen, bombing the Houthis, for a long, long time. 

The Houthis are probably stronger than they've ever been, the capabilities that they've developed, including the ability to shoot long-range missiles into Israel, which they've done several times, and the success they've had in attacking and seizing ships. Their strength is higher than ever despite all of that bombing, all of that constant warfare that the United States has been waging in various forums in Yemen, going back to the Bush administration.

And this is something that President Trump criticized Joe Biden for doing during the campaign. He said, why is the United States bombing Yemen? That's not the way that you handle things. And yet, not even two months into office, Trump has restarted and seemingly escalated one of the several different wars we have in the Middle East. 

Here, from The New York Times, on March 15:

AD_4nXdH4RhbmsHa2i3VZ-FMoz_LmAwGaHDT1I4qUGTYcdTB5I5OJEtdvQC7rMQoMLT2GG_PK3wKAJZ5ehf3jWs1yo3tX2DpKdsVnUn5lRSBC3ErSCLc-m3bP_hkkXDEfo208jp5gnrv5xtHFT0BILqVAyI?key=8GjQGcqj-Yiuf-aRWCuZxnnb

We have seen from Trump that he uses threats of war against other countries to achieve the objective of avoiding war. His theory is that the country has to fear that the United States will attack them or bomb them to get them meaningfully at the negotiating table to make concessions. 

But when it comes to Iran, a country that Israel has been pushing the United States to attack and bomb for 15 years – you can go back 15 years and hear Netanyahu warning that Iran was on the verge of getting a nuclear weapon, that it's the United States's responsibility to go in and attack it. The Israelis did in fact bomb Iran after Iranians sent ballistic missiles into Israel, which was in turn a response to the Israeli bombing of Iran's consulate in Damascus and other acts as well. So, there has been a kind of dangerous conflict, militarily, between Israel and Iran. Israel considers Iran to be its most significant threat and enemy and they've been wanting the United States to go fight that war for them or with them. 

Netanyahu urged the United States to invade Iraq and get rid of Saddam Hussein, who he also considered to be one of the worst enemies of Israel. He did the same in the Obama administration, urging the United States to launch a dirty war against Bashar Assad and when it finally succeeded later last year, Netanyahu stood up and took credit for it. 

So, there are a lot of wars that have benefited Israel and the Netanyahu government the Israelis have wanted the United States to go and fight for them or with them. And Iran has always been the kind of North Star, the ultimate prize in getting the United States to go and wage war on. 

Although I do believe that Trump's real goal is to get a nuclear deal with Iran that we had with Iran, but Trump judged it to be a poor deal and therefore withdrew from it. When you're bombing very aggressively the Houthis with whom Iran has a relationship and at the same time threatening Iran that you're going to bomb them if they don't stop working with the Houthis, which they're never going to do, you're flirting with a real war that could blow up the entire Middle East. 

After a campaign that Donald Trump ran, twice now, three times really, pledging to keep the United States out of Middle East wars and specifically condemning Biden for bombing Yemen, here's what Trump posted on True Social yesterday: 

Today, I have ordered the United States Military to launch decisive and powerful Military action against the Houthi terrorists in Yemen. They have waged an unrelenting campaign of piracy, violence, and terrorism against American, and other, ships, aircraft, and drones.

To all Houthi terrorists, YOUR TIME IS UP, AND YOUR ATTACKS MUST STOP, STARTING TODAY. IF THEY DON’T, HELL WILL RAIN DOWN UPON YOU LIKE NOTHING YOU HAVE EVER SEEN BEFORE! […]

Similar language to what he used when he was threatening Gaza and Hamas.

To Iran: Support for the Houthi terrorists must end IMMEDIATELY! Do NOT threaten the American People, their President, who has received one of the largest mandates in Presidential History, or Worldwide shipping lanes. If you do, BEWARE, because America will hold you fully accountable and, we won’t be nice about it!

(Donald Trump, Truth Social. March 15, 2025.) 

The Pentagon released footage of some of the U.S. strikes on Yemen. You can see some of them here. 

Video. US Strikes, Yemen. March 15, 2025.

That's a pretty heavy and destructive bomb. The Yemenis claim that at least 32 civilians were killed in these strikes. The Houthis have made that claim and there are hospitals and the like that have supported that. 

Here is Donald Trump, in June 2023.

Video. Donald Trump, Newsmax. June 24, 2023.

So, “I will be your peacemaker in less than two months in office.” 

Ever since there's been a cease-fire, those attacks on American ships have stopped and the Houthis began attacking Israeli-flagged ships, not American ones, and said they would continue to do so, in protest of the Israeli blockade of all food, electricity and other humanitarian aid entering Gaza. They said, “We're going to continue to attack until Israel lets the humanitarian aid into Gaza until the cease-fire deal that they agreed to would be honored.” 

It would have been much easier for Trump to get the Israelis to simply allow humanitarian aid into Gaza. Instead, we decided to bomb the Houthis to shield the right of Israel to block the humanitarian aid from entering Gaza. We're back into fighting Middle East wars in defense really of Israel, given the current posture of what the Houthis have been doing and are saying. 

One of the ways that I often defended Trump's foreign policy of the first term was to point out that it was accurate that Trump was the first president in decades to have not involved the United States in a new war. He inherited some wars from Obama including bombing campaigns against ISIS in Iraq and Syria which he escalated as he promised to do but he didn't involve the United States in any new wars. Trump himself, in 2024, praised himself for that. 

 

I know there are so many Trump supporters justifying Trump's bombing of the Houthis in Yemen, even though Trump himself criticized Biden for doing exactly the same thing. I'd argue Biden had more justification because, at the time, the Houthis were actually attacking American ships. And now they've said they're limiting their attacks to Israeli ships meaning that this bombing campaign is seemingly yet again in protection of Israel and not the United States. 

But to threaten Iran! In what conceivable way is threatening a war with Iran or worse, engaging in one, consistent in any meaningful sense with the America First ideology, with everything Trump has said about avoiding wars? 

There is a real question, and I know this has been taboo for a long time, about the extent of influence and control that the Israelis or those loyal to Israel exercise in the United States. There's a video, we're going to do a deep dive on the Adelsons. We did one before the election about Sheldon and Miriam Adelson, the billionaire couple. She's an Israeli American citizen and he's an American citizen who have given more to the Republican Party – they have sometimes given it to other candidates, but they're the most important billionaire donors of the Republican party, and there's a video of them where they admit that their number one goal is not the United States but is Israel. In fact, Sheldon Adelson served in the military very briefly in the late 1950s and he said: I served in the military, but unfortunately it was the military of the United States and not the IDF. I wish it were the IDF. My wife had the honor and privilege of serving in the IDF. And our goal is to be good Zionist citizens. 

You see the attacks within the very beginning days of the Trump administration on the students who are protesting against Israel when the Trump administration is filled with people who regard protesting Israel as one of the worst, most offensive things you can do, claiming that these are immigration violations just coincidentally against people who protested the Israeli war in Gaza. There's an American Jewish student today who was expelled by Columbia for participating in these protests. You have this attack on anti-Israel protesters in the United States going on, you have bombing of a country that, or a group of people in Yemen who are only attacking Israeli ships because they're cutting off and blockading humanitarian aid into Gaza. And now the United States is threatening to go to war with Iran, Israel's worst enemy, a war that Israel has always wanted the United States to go to. 

It’s extra ironic because this is a movement and a president that called itself “America First.” But during the campaign, Trump spoke with Miriam Adelson there to a group of Republican Israel supporters and said, “Yes, we're going to make America great again, but we're also going to make Israel great again.” He talked about how the Adelsons were the most frequent visitors in his first term, that he would constantly give them everything they asked for Israel. He'd even give them more than they asked for sometimes, he boasted. 

If Trump ends up involving the United States in a real war in the Middle East, after everything he described, after everything he promised, after everything he said about his worldview and objectives and ideology, that really could destroy the Trump presidency single-handedly. Middle East wars can do that. And despite all this bombing, the Houthis are stronger than ever. They've learned how to have a very light presence, they can disperse their weapons, and disperse their forces easily to avoid airstrikes, they've learned how to do that after 10 years of constant warfare from the United States and from Saudi Arabia, from Israel as well. 

And there's no objective. What is the objective? We've tried to destroy the Houthis for 10 years and they're able to impede international shipping lanes in the Red Sea and to shoot long-range missiles into Israel. They seem stronger than ever. We're just going to keep dropping bombs, it's like the United States has some sort of obligation to always be at war with someone to always be bombing someone. 

I hope Donald Trump will understand that a reason for his appeal was that he promised to end these kinds of wars, to end this posture of constant bombing. If Americans understand that the reason we're doing this is not so much for the United States, but more so for Israel, I think the damage to the Trump administration will be even greater still. One thing I'm sure of is that whether there's the intention to go to war with Iran or not, these kinds of threats, historically, have been very dangerous because they often lead to war, even when that's not actually the intent. 

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Good news about your Locals membership and our move to Substack

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 ...

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Thanks Lena! Superimportant material! Especially toward the end when discussing the competition for opposing countries to be tempted to use these AI systems in order to knockout their opponent. Yuval Noah Harari discussed this (type of)temptation in the late 2010s. Two quotes from the video and then a creative, hopefully helpful, question.

[4m07s mark]"The AI systems were given an escalation ladder with options ranging from diplomacy to total nuclear war. Across 329 turns and roughly 780,000 words of reasoning the models repeatedly - and I would like to highlight that, the models repeatedly chose nuclear escalation and not only that none of the [AI] models ever chose full accomodation or surrender...they chose nuclear war no matter how badly they were losing in that specific war game. At best they temporarily reduced violence, but then they reversed course and accelerated their own demise. That's deeply significant."

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NEW: Message from Glenn to Locals Members About Substack, System Update, and Subscriptions

Hello Locals members:

I wanted to make sure you are updated on what I regard as the exciting changes we announced on Friday night’s program, as well as the status of your current membership.

As most of you likely know, we announced on our Friday night show that that SYSTEM UPDATE episode would be the last one under the show’s current format (if you would like to watch it, you can do so here). As I explained when announcing these changes, producing and hosting a nightly video-based show has been exhilarating and fulfilling, but it also at times has been a bit draining and, most importantly, an impediment to doing other types of work that have always formed the core of my journalism: namely, longer-form written articles and deep investigations.

We have produced three full years of SYSTEM UPDATE episodes on Rumble (our premiere show was December 10, 2022). And while we will continue to produce video content similar to the kinds of segments that composed the show, they won’t be airing live every night at 7:00 p.m. Eastern, but instead will be posted periodically throughout the week (as we have been doing over the last couple of months both on Rumble and on our YouTube channel here).

To enlarge the scope of my work, I am returning to Substack as the central hub for my journalism, which is where I was prior to launching SYSTEM UPDATE on Rumble. In addition to long-form articles, Substack enables a wide array of community-based features, including shorter-form written items that can be posted throughout the day to stimulate conversation among members, a page for guest writers, and new podcast and video features. You can find our redesigned Substack here; it is launching with new content on Monday.

For our current Locals subscribers, you can continue to stay at Locals or move to Substack, whichever you prefer. For any video content and long-form articles that we publish for paying Substack members, we will cross-post them here on Locals (for members only), meaning that your Locals subscription will continue to give you full access to our journalism. 

When I was last at Substack, we published some articles without a paywall in order to ensure the widest possible reach. My expectation is that we will do something similar, though there will be a substantial amount of exclusive content solely for our subscribers. 

We are working on other options to convert your Locals membership into a Substack membership, depending on your preference. But either way, your Locals membership will continue to provide full access to the articles and videos we will publish on both platforms.

Although I will miss producing SYSTEM UPDATE on a (more or less) nightly basis, I really believe that these changes will enable the expansion of my journalism, both in terms of quality and reach. We are very grateful to our Locals members who have played such a vital role over the last three years in supporting our work, and we hope to continue to provide you with true independent journalism into the future.

— Glenn Greenwald   

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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.

 

Top law enforcement officials in the Trump administration — such as Attorney General Pam Bondi, FBI Director Kash Patel, and former FBI Deputy Director Dan Bongino — spent years vehemently denouncing the Biden administration for hiding Epstein’s “client list,” as well as concealing details about Epstein’s global blackmail operations. Yet last June, these exact same officials suddenly announced, in the words of their joint DOJ-FBI statement, that their “exhaustive review” found no “client list” nor any “credible evidence … that Epstein blackmailed prominent individuals as part of his actions.” They also assured the public that they were certain, beyond any doubt, that Epstein killed himself.

 

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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