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A federal judge ruled [on March 31] that the National Security Agency�s program of surveillance without warrants was illegal, rejecting the Obama administration�s effort to keep shrouded in secrecy one of the most disputed counterterrorism policies of former President George W. Bush. In a 45-page opinion, Judge Vaughn R. Walker ruled that the government had violated a 1978 federal statute requiring court approval for domestic surveillance when it intercepted phone calls of Al Haramain, a now-defunct Islamic charity in Oregon, and of two lawyers representing it in 2004. Declaring that the plaintiffs had been �subjected to unlawful surveillance,� the judge said the government was liable to pay them damages. The ruling by Judge Walker, the chief judge of the Federal District Court in San Francisco, rejected the Justice Department�s claim � first asserted by the Bush administration and continued under President Obama � that the charity�s lawsuit should be dismissed without a ruling on the merits because allowing it to go forward could reveal state secrets. The judge characterized that expansive use of the so-called state-secrets privilege as amounting to �unfettered executive-branch discretion� that had �obvious potential for governmental abuse and overreaching.�
Note: For illumination of the dark world of state secrecy, click here.
Four men accused of trying to bomb synagogues and shoot down planes in New York last spring did little more than go along with a fake plot proposed, directed and funded by the federal government, defense lawyers claim in asking the court to dismiss the case. A federal informant chose the targets, offered payment, provided maps and bought the only real weapon involved, a handgun, the attorneys said in a dismissal motion filed this week in federal court. They alleged the defendants were not inclined toward any crime until the informant began recruiting them. The dismissal motion identified the government's agent as Shaheed Hussain, a "professional informant" for the FBI. The defense alleged that Hussain tried to incite the defendants by blaming Jews for the world's evil and telling them that attacks against non-Muslims were endorsed by Islam. Nevertheless, they said, he failed to motivate the defendants to any action on their own. Hussain suggested the targets, paid for the defendants' groceries, bought a gun, provided the fake bombs and missile, assembled the explosive devices and acted as chauffeur, the defense said. "The alleged crimes were almost entirely the product of Hussain's labors and the enterprise would have immediately collapsed if Hussain's guiding hand had been removed," the defense motion said.
Note: For lots more evidence of fake terror plots used to maintain the "war on terror", click here.
More than eight years after anthrax-laced letters killed five people and terrorized the country, the F.B.I. [has] closed its investigation, adding eerie new details to its case that the 2001 attacks were carried out by Bruce E. Ivins, an Army biodefense expert who killed himself in 2008. A 92-page report, which concludes what by many measures is the largest investigation in F.B.I. history, laid out the evidence against Dr. Ivins. The report disclosed for the first time the F.B.I.’s theory that Dr. Ivins embedded in the notes mailed with the anthrax a complex coded message, based on DNA biochemistry. Whether the voluminous documentation will convince skeptics about Dr. Ivins’s guilt was uncertain. Representative Rush D. Holt, a New Jersey Democrat and a physicist who has sharply criticized the bureau’s work, said the case should not have been closed. He said the F.B.I. report laid out “barely a circumstantial case” that “would not, I think, stand up in court.” Some of Dr. Ivins’s colleagues at the United States Army Medical Research Institute of Infectious Diseases in Frederick, including several supervisors who knew him well, publicly rejected the F.B.I.’s conclusion. They said he was eccentric but incapable of such a diabolical act, and they questioned whether he could have produced the deadly powder with the equipment in his lab.
Note: The FBI's "closure" of its anthrax investigation won't put an end to the unanswered questions about who the perpetrators of the attacks were. As described in this key Wall Street Journal report, the specific formulation of the anthrax used in the attacks was beyond Ivins' capabilities.
U.S. military teams and intelligence agencies are deeply involved in secret joint operations with Yemeni troops who in the past six weeks have killed scores of people. The operations, approved by President Obama, involve several dozen troops from the U.S. military's clandestine Joint Special Operations Command (JSOC), whose main mission is tracking and killing [targeted persons]. Obama approved a Dec. 24 strike against a compound where a U.S. citizen, Anwar al-Aulaqi, was thought to be. He has since been added to a shortlist of U.S. citizens specifically targeted for killing or capture by the JSOC. The combined efforts have resulted in more than two dozen ground raids and airstrikes. After the Sept. 11 attacks, Bush gave the CIA, and later the military, authority to kill U.S. citizens abroad. The Obama administration has adopted the same stance. Both the CIA and the JSOC maintain lists of individuals, called "High Value Targets" and "High Value Individuals," whom they seek to kill or capture. The JSOC list includes three Americans, including Aulaqi, whose name was added late last year. As of several months ago, the CIA list [also] included three U.S. citizens.
Note: For many reports from reliable sources on the growing governmental threats to civil liberties, click here.
In 2009, the Justice Department began to release reports and top-secret memos detailing interrogation techniques ... used by CIA officers against suspected terror operatives. The list of brutal techniques, including holding prisoners in small boxes, staging mock executions, and water torture, is reminiscent of some of the worst human-rights abuses on record. In medieval Europe, torture was more than just a means of punishment. Many criminal trials of the era consisted of one or more 'ordeals,' painful tests designed to prove guilt or innocence through supernatural judgment. During waterboarding, a technique first used in the 14th century, torturers begin by pumping water directly into a victim's stomach or slowly flooding his throat with liquid. Used extensively during the Spanish Inquisition, the practice became less publicly acceptable during the Enlightenment, then experienced an underground resurgence in the 19th century. Since World War II, different forms of waterboarding have been employed by governments in Japan, Cambodia, the United Kingdom and the United States, among others. In addition to performing forced labor, prisoners at Nazi concentration camps became subjects in some of the cruelest medical experiments ever performed. They were often held at extreme altitudes and temperatures to help develop new survival strategies or exposed to deadly gases and diseases in order to test vaccines. Many of these tests, directed by the infamous Josef Mengele at Auschwitz, advanced Nazi ideology by establishing 'Jewish racial inferiority.'
Note: The above link leads to a revealing 12-part slide show on the history of torture. For more disturbing information on how Nazi torture techniques were eventually used by the CIA for mind control, click here.
A key terror suspect who allegedly helped to plan last year’s attacks in Mumbai and plotted to strike Europe was an American secret agent who went rogue, Indian officials believe. David Headley, 49, who was born in Washington to a Pakistan diplomat father and an American mother, was arrested in Chicago in October. He has denied the charges. He came to the attention of the US security services in 1997 when he was arrested in New York for heroin smuggling. He earned a reduced sentence by working for the US Drug Enforcement Agency (DEA) infiltrating Pakistan-linked narcotics gangs. Indian investigators, who have been denied access to Mr Headley, suspect that he remained on the payroll of the US security services — possibly working for the Central Intelligence Agency (CIA) — but switched his allegiance to LeT. “India is looking into whether Headley worked as a double agent,” an Indian Home Ministry official said yesterday. Mr Headley, who changed his name from Daood Gilani, was in Mumbai until two weeks before the attacks on the city. Despite being firmly on the radar of the US intelligence agencies, he was allowed to return to India as recently as March. Indian officials are furious that their American counterparts did not share details of that visit at the time. The Indian media has raised the possibility that Mr Headley was being protected by his American handlers — a theory that experts say is credible.
Note: For many other reports from major media sources that raise profound questions about the official account of "terrorism," click here.
The CIA is to be given broad access to the bank records of millions of Britons under a European Union plan to fight terrorism. The Brussels agreement, which will come into force in two months’ time, requires the 27 EU member states to grant requests for banking information made by the United States under its terrorist finance tracking programme. The EU said it had agreed that Europeans would be compelled to release the information to the CIA “as a matter of urgency”. The records will be kept in a US database for five years before being deleted. Critics say the system is “lopsided” because there is no reciprocal arrangement under which the UK authorities can easily access the bank accounts of US citizens. They also say the plan to sift through cross-border and domestic EU bank accounts gives US intelligence more scope to consult our bank accounts than is granted to law enforcement agencies in the UK or the rest of Europe. This weekend civil liberties groups and privacy campaigners said the surveillance programme, introduced as an emergency measure in 2001, was being imposed on Britain without a proper debate. Shami Chakrabarti, director of Liberty, said: “The massive scope for transferring personal information from Europe to the United States is extremely worrying, especially in the absence of public debate or parliamentary scrutiny either at EU or domestic level.
Note: For reports from major media sources on erosion of privacy by governments and corporations, click here.
The White House has authorized an expansion of the C.I.A.’s drone program in Pakistan’s lawless tribal areas. More C.I.A. drone attacks have been conducted under President Obama than under President George W. Bush. The political consensus in support of the drone program ... and its secrecy have obscured just how radical it is. For the first time in history, a civilian intelligence agency is using robots to carry out a military mission, selecting people for killing in a country where the United States is not officially at war. The drone warfare pioneered by the C.I.A. in Pakistan and the Air Force in Iraq and Afghanistan is the leading edge of a wave of push-button combat that will raise legal, moral and political questions around the world, said P. W. Singer, a scholar at the Brookings Institution and author of the book Wired for War: The Robotics Revolution and Conflict in the 21st Century. So far, only the United States and Israel have used the planes for strikes, but that number will grow. It is impossible to judge whether the program violates international law without knowing whether Pakistan permits the incursions, how targets are selected and what is done to minimize civilian casualties.
Note: For many revealing reports from reliable sources on the realities behind the "war on terror," click here.
At a covert forward operating base run by the US Joint Special Operations Command (JSOC) in the Pakistani port city of Karachi, members of an elite division of Blackwater are at the center of a secret program in which they plan targeted assassinations of suspected Taliban and Al Qaeda operatives, "snatch and grabs" of high-value targets and other sensitive action inside and outside Pakistan. The Blackwater operatives also assist in gathering intelligence and help direct a secret US military drone bombing campaign that runs parallel to the well-documented CIA predator strikes, according to a well-placed source within the US military intelligence apparatus. The previously unreported program, the military intelligence source said, is distinct from the CIA assassination program. "This is a parallel operation to the CIA," said the source. "They are two separate beasts." Blackwater's presence in Pakistan is "not really visible, and that's why nobody has cracked down on it," said the source. Blackwater's operations in Pakistan, he said, are not done through State Department contracts or publicly identified Defense contracts. "It's Blackwater via JSOC, and it's a classified no-bid [contract] approved on a rolling basis. Some of these strikes are attributed to [the CIA], but in reality it's JSOC. So when you see some of these hits, especially the ones with high civilian casualties, those are almost always JSOC strikes."
Note: Don't miss this key report in it's entirety. Why haven't other major media outlets mentioned the Joint Special Operations Command (JSOC) drone operations in Pakistan, running parallel to the CIA's?
Newly released FBI data offer evidence of the broad scope and complexity of the nation's terrorist watch list, documenting a daily flood of names nominated for inclusion to the controversial list. During a 12-month period ended in March this year, for example, the U.S. intelligence community suggested on a daily basis that 1,600 people qualified for the list because they presented a "reasonable suspicion," according to data provided to the Senate Judiciary Committee by the FBI in September and made public last week. The ever-churning list is said to contain more than 400,000 unique names and over 1 million entries. Nine percent of those on the terrorism list, the FBI said, are also on the government's "no fly" list. Before the attacks of Sept. 11, 2001, the FBI needed initial information that a person or group was engaged in wrongdoing before it could open a preliminary investigation. Under current practice, no such information is needed. The inquiries can be opened by individual agents "proactively," meaning on his or her own or in response to a lead about a threat.
Note: For lots more from major media sources on the growing government threats to civil liberties, click here.
Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases. The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person. “You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.” Dr. Frumkin is a founder of Nucleix, a company based in Tel Aviv that has developed a test to distinguish real DNA samples from fake ones that it hopes to sell to forensics laboratories. The planting of fabricated DNA evidence at a crime scene is only one implication of the findings. A potential invasion of personal privacy is another. Using some of the same techniques, it may be possible to scavenge anyone’s DNA from a discarded drinking cup or cigarette butt and turn it into a saliva sample that could be submitted to a genetic testing company that measures ancestry or the risk of getting various diseases. Tania Simoncelli, science adviser to the American Civil Liberties Union, said the findings were worrisome. “DNA is a lot easier to plant at a crime scene than fingerprints,” she said. “We’re creating a criminal justice system that is increasingly relying on this technology.”
Note: For lots more on government threats to civil liberties, click here.
Last month, police and the FBI arrested four Newburgh men on charges that they had plotted to bomb synagogues in the Riverdale neighborhood of the Bronx and fire a missile at a military jet. As more details emerged, however, the less the four defendants sounded like men with the skills to plan a sophisticated terror plot. They were small-time crooks, felons with long criminal records. What the indictment didn't say, and what the initial news reports didn't fill in, was the extent to which the fifth man in the plot, an unnamed FBI informant, had provided the glue to hold the Newburgh 4 together. That informant was a Pakistani man named Shahed Hussain, code-named "Malik," who agreed to work for the FBI to obtain leniency after he was arrested in 2002 for fraud. Over a period of about a year, Malik met with [the] defendants ... while under FBI surveillance. The Newburgh bomb plot isn't the first of Malik's operations for the government. He played a similar role four years ago in an Albany case, in which he helped the FBI arrest a man named Mohammed Hossain, a cash-poor pizzeria owner, and his imam, Yassin Aref, after persuading them to launder $50,000 in a made-up plot to bring a missile to the U.S. and assassinate the Pakistani prime minister. In both cases, Malik did not stumble upon active terror cells plotting to bring destruction on American soil. Instead, in both Newburgh and Albany, he needed long periods of time to recruit his Muslim contacts, spin elaborate tales about his terror contacts, and develop solid plans of action, all the while providing the defendants with large amounts of resources and cash incentives. In each case, the question remains: Would either set of defendants have done anything remotely like plant bombs or launder money for terrorists if not for the prodding and plotting and encouragement of Malik and the FBI?
Note: For lots more from major media sources on the hidden realities behind the never-ending "war on terror", click here.
Medical personnel were deeply involved in the abusive interrogation of terrorist suspects held overseas by the Central Intelligence Agency, including torture, and their participation was a “gross breach of medical ethics,” a long-secret report by the International Committee of the Red Cross concluded. Based on statements by 14 prisoners who belonged to Al Qaeda and were moved to Guantánamo Bay, Cuba, in late 2006, Red Cross investigators concluded that medical professionals working for the C.I.A. monitored prisoners undergoing waterboarding, apparently to make sure they did not drown. Medical workers were also present when guards confined prisoners in small boxes, shackled their arms to the ceiling, kept them in frigid cells and slammed them repeatedly into walls, the report said. Facilitating such practices, which the Red Cross described as torture, was a violation of medical ethics even if the medical workers’ intentions had been to prevent death or permanent injury, the report said. But it found that the medical professionals’ role was primarily to support the interrogators, not to protect the prisoners, and that the professionals had “condoned and participated in ill treatment.” At times, according to the detainees’ accounts, medical workers “gave instructions to interrogators to continue, to adjust or to stop particular methods.” The Red Cross report was completed in 2007. It was obtained by Mark Danner, a journalist who has written extensively about torture, and posted Monday night with an article by Mr. Danner on the Web site of The New York Review of Books.
Note: Much of content of the Red Cross report was revealed in a March article by Mr. Danner and in a 2008 book, The Dark Side, by Jane Mayer, but the reporting of the Red Cross investigators’ conclusions on medical ethics and other issues are new.
The Maryland State Police surveillance of advocacy groups was far more extensive than previously acknowledged, with records showing that troopers monitored -- and labeled as terrorists -- activists devoted to such wide-ranging causes as promoting human rights and establishing bike lanes. Intelligence officers created a voluminous file on Norfolk-based People for the Ethical Treatment of Animals, calling the group a "security threat" because of concerns that members would disrupt the circus. Angry consumers fighting a 72 percent electricity rate increase in 2006 were targeted. The DC Anti-War Network, which opposes the Iraq war, was designated a white supremacist group, without explanation. One of the possible "crimes" in the file police opened on Amnesty International, a world-renowned human rights group: "civil rights." The [surveillance] ... confirmed the fears of civil liberties groups that have warned about domestic spying since the Sept. 11, 2001, attacks. "No one was thinking this was al-Qaeda," said Stephen H. Sachs, a former U.S. attorney and state attorney general appointed by Gov. Martin O'Malley (D) to review the case. "But 9/11 created an atmosphere where cutting corners was easier." Maryland has not been alone. The FBI and police departments in several cities, including Denver in 2002 and New York before the 2004 Republican National Convention, also responded to [dissent] by spying on activists.
Note: For wide coverage from reliable sources of disturbing threats to civil liberties, click here.
To friends in the protest movement, Lucy was an eager 20-something who attended their events and sent encouraging e-mails to support their causes. Only one thing seemed strange. "At one demonstration, I remember her showing up with a laptop computer and typing away," said Mike Stark, who helped lead the anti-death-penalty march in Baltimore that day. "We all thought that was odd." Not really. The woman was an undercover Maryland State Police trooper who between 2005 and 2007 infiltrated more than two dozen rallies and meetings of nonviolent groups. Maryland officials now concede that, based on information gathered by "Lucy" and others, state police wrongly listed at least 53 Americans as terrorists in a criminal intelligence database -- and shared some information about them with half a dozen state and federal agencies, including the National Security Agency. Among those labeled as terrorists: two Catholic nuns, a former Democratic congressional candidate, a lifelong pacifist and a registered lobbyist. One suspect's file warned that she was "involved in puppet making and allows anarchists to utilize her property for meetings." "There wasn't a scintilla of illegal activity" going on, said David Rocah, an attorney for the American Civil Liberties Union, which filed a lawsuit and in July obtained the first surveillance files. State police have released other heavily redacted documents. Investigators, the files show, targeted groups that advocated against abortion, global warming, nuclear arms, military recruiting in high schools and biodefense research, among other issues.
Note: For lots more on increasing threats to civil liberties, click here.
The former No. 3 official at the CIA pleaded guilty Monday to defrauding the government, closing an investigation that linked the nation's preeminent spy service to the corruption scandal involving former Rep. Randy "Duke" Cunningham. In admitting that he abused his rank to steer lucrative contracts to cronies, Kyle Dustin "Dusty" Foggo, the agency's onetime executive director, became one of the highest-ranking officials in CIA history to be convicted of criminal charges. But the deal also involved major concessions from prosecutors, who allowed Foggo to admit guilt to a single fraud charge, wiping out 27 additional counts that included money laundering and conspiracy. Prosecutors indicated that they would recommend he serve no more than 37 months. The revelations of Foggo's crimes surfaced two years ago during one of the most tumultuous periods in recent agency history, and added to the pressure on the Bush administration to remove Porter J. Goss as CIA director in 2006. Goss selected Foggo for the agency's third-ranking position. Foggo had never served as a case officer or an analyst -- the jobs that typically garner the most respect within the CIA. But as a procurement officer at a secret CIA post in Frankfurt, Germany, he was in a position to cultivate contacts with members of Congress and other influential officials who visited during overseas trips to war zones.
Note: Interesting that a guilty plea for one count was exchanged for dismissing numerous other charges of fraud and money laundering. For an excellent analysis of the reasons behind this unusual prosecutorial strategy, click here. Buzzy Krongard, the previous #3 man at the CIA, has been linked to the millions of dollars in suspicious stock option trades made just prior to 9/11 that were never claimed, though this received little media coverage.
Baggage searches are SOOOOOO early-21st century. Homeland Security is now testing the next generation of security screening — a body scanner that can read your mind. Most preventive screening looks for explosives or metals that pose a threat. But a new system called MALINTENT turns the old school approach on its head. This Orwellian-sounding machine detects the person — not the device — set to wreak havoc. MALINTENT, the brainchild of the cutting-edge Human Factors division in Homeland Security's directorate for Science and Technology, searches your body for non-verbal cues that predict whether you mean harm to your fellow passengers. It has a series of sensors and imagers that read your body temperature, heart rate and respiration for unconscious [tell-tale signs] invisible to the naked eye. But this is no polygraph test. Subjects do not get hooked up or strapped down for a careful reading; those sensors do all the work without any actual physical contact. It's like an X-ray for bad intentions. When the sensors identify that something is off, they transmit warning data to analysts, who decide whether to flag passengers for further questioning. The next step involves micro-facial scanning, which involves measuring minute muscle movements in the face for clues to mood and intention. Homeland Security has developed a system to recognize, define and measure seven primary emotions and emotional cues that are reflected in contractions of facial muscles. MALINTENT identifies these emotions and relays the information back to a security screener almost in real time.
Note: For many more major-media reports on threats to civil liberties, click here.
The United States is operating "floating prisons" to house those arrested in its war on terror, according to human rights lawyers, who claim there has been an attempt to conceal the numbers and whereabouts of detainees. Details of ships where detainees have been held and sites allegedly being used in countries across the world have been compiled as the debate over detention without trial intensifies on both sides of the Atlantic. Information about the operation of prison ships has emerged through a number of sources, including statements from the US military, the Council of Europe and related parliamentary bodies, and the testimonies of prisoners. The analysis, due to be published this year by the human rights organisation Reprieve, also claims there have been more than 200 new cases of rendition since 2006, when President George Bush declared that the practice had stopped. According to research carried out by Reprieve, the US may have used as many as 17 ships as "floating prisons" since 2001. Detainees are interrogated aboard the vessels and then rendered to other, often undisclosed, locations. Ships that are understood to have held prisoners include the USS Bataan and USS Peleliu. A further 15 ships are suspected of having operated around the British territory of Diego Garcia in the Indian Ocean, which has been used as a military base by the UK and the Americans. Clive Stafford Smith, Reprieve's legal director, said: "They choose ships to try to keep their misconduct as far as possible from the prying eyes of the media and lawyers. We will eventually reunite these ghost prisoners with their legal rights."
Note: For many other investigations of the reality of the "war on terror", click here.
Sometime in the next few years, if a memorandum signed by President Bush this month ever goes into effect, one government official talking to another about information on terrorists will have to begin by saying: "What I am about to tell you is controlled unclassified information enhanced with specified dissemination." That would mean, according to the memo, that the information requires safeguarding because "the inadvertent or unauthorized disclosure would create risk of substantial harm." Bush's memorandum ... introduced "Controlled Unclassified Information" as a new government category that will replace "Sensitive but Unclassified." Such information -- though it does not merit the well-known national security classifications "confidential," "secret" or "top secret" -- is nonetheless "pertinent" to U.S. "national interests" or to "important interests of entities outside the federal government," the memo says. Left undefined are which laws or policies generated the requirement for protecting such information, and which interests are pertinent. But Bush's memo does refer to the "global nature of the threats facing the United States" and to the need to ensure that the "entire network of defenders be able to share information more rapidly." Some critics described it as continuing an expansion of secrecy in government and a potential bureaucratic nightmare. The White House "seems to have used the crafting of new rules as an opportunity to expand the range of government secrecy," said Michael Clark, a contributing editor to the blog Daily Kos, who first wrote about the Bush memorandum.
Note: For many revealing reports of increasing government secrecy from reliable sources, click here.
The FBI has withdrawn a secret administrative order seeking the name, address and online activity of a patron of the Internet Archive after the San Francisco-based digital library filed suit to block the action. It is one of only three known instances in which the FBI has backed off from such a data demand, known as a "national security letter," or NSL, which is not subject to judicial approval and whose recipient is barred from disclosing the order's existence. NSLs are served on phone companies, Internet service providers and other electronic communications service providers, but because of the gag order provision, the public has little way to know about them. FBI officials now issue about 50,000 such orders a year. The order against the Internet Archive was served Nov. 26, and the nonprofit challenged it based on a provision of the reauthorized USA Patriot Act, which protects libraries from such requests. The privacy advocacy group Electronic Frontier Foundation represented the archive in the suit, which was joined by the American Civil Liberties Union. The archive also alleged that the gag order that accompanied the data demand violated the Constitution. As part of their settlement, the FBI agreed to drop the gag order and the archive agreed to withdraw the complaint. The case was unsealed Monday. Yesterday, redacted versions of key documents were filed, allowing the parties to discuss the case. "We see this as an unqualified success," said Brewster Kahle, the archive's co-founder and digital librarian. "The goal here was to help other recipients of NSLs to understand that you can push back."
Note: The Internet Archive has now posted excellent information on how to deal with cases like this at http://government.zdnet.com/?p=3795. Three cheers for the Internet Archive!
Important Note: Explore our full index to revealing excerpts of key major media news articles on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.