"Unfortunately the president of the U.S.A. has already muddied the waters of this investigation by declaring that Manning had "broken the law." How is it possible for there to be a "fair" trial when the Commander-in-Chief has already pronounced a verdict? Why is the president openly supporting the rights of whistle-blowers except in the case of Bradley Manning?
Bradley Manning Pre-Trial Hearing: Live Blog | The Dissenter
The first day of Bradley Manning’s pre-trial hearing is about to begin in the Meade Courthouse. Manning’s pre-trial hearing will be starting on his 24th birthday.
I have made it into the Media Operations Center at Ft. Meade. I am unable to post live updates while court is in session but check back here for updates throughout the morning and afternoon. I will be posting during breaks and when classified information is being reviewed (because press and the public are not allowed to follow these portions of the hearing).
“ACLU on Obama’s non-veto
White House Backs Away from Defense Bill Veto Threat
FOR IMMEDIATE RELEASE
December 14, 2011 WASHINGTON – The White House today announced that it will support passage of the National Defense Authorization Act (NDAA), which contains harmful provisions that some legislators have said could authorize the U.S. military to pick up and imprison without charge or trial civilians, including American citizens, anywhere in the world. The final version of the NDAA was agreed to earlier this week by House and Senate conferees. Though Obama administration had threatened to veto a previous version of the bill based on these provisions, it has reversed its position. The House is expected to pass the bill tonight and Senate will vote soon after. “The president should more carefully consider the consequences of allowing this bill to become law,” Laura W. Murphy, director of the ACLU Washington Legislative Office. “If President Obama signs this bill, it will damage both his legacy and American’s reputation for upholding the rule of law. The last time Congress passed indefinite detention legislation was during the McCarthy era and President Truman had the courage to veto that bill. We hope that the president will consider the long view of history before codifying indefinite detention without charge or trial.”—GGDrafts: ACLU on Obama’s non-veto
Marianne Ny: Making an arse of Swedish law. « The Standard
With all of the drama surrounding the Wikileaks release of US government diplomatic wires which I and others do not find surprising. What has been intriguing me more is the behavior of the Sweden’s director of public prosecutions, Marianne Ny. The available information on her charges and actions against Julian Assange, the founder and head of Wikileaks, indicates that she is driven more by the politics than any respect for the law. Assange’s current lawyer compares her to role of the infamous Beria in Stalins 1930′s show trials – and from what I can see I’d have to agree. Similarly I fail to see why Interpol is involved for such a minor charge
Assange’s London attorney, Mark Stephens, told AOL News today that Swedish prosecutors told him that Assange is wanted not for allegations of rape, as previously reported, but for something called “sex by surprise,” which he said involves a fine of 5,000 kronor or about $715.
This would not be regarded as being rape here or apparently anywhere else apart from Sweden. Specifically in this case it appears to revolve around the use of condoms. I’d have to point out here (probably with too much information) that I was conceived because of a condom failure. Over the years I have had a few failures of condoms and failed to use condoms when I should have. It happens in the passion to the best of us. Fortunately I haven’t had the consequence of either issue or STD’s.
The facts of the case do not appear to be in any dispute by either side.
Assange arrived in Sweden on Aug. 11 to speak at a weekend seminar sponsored by the Social Democratic Party and arranged to stay at a Stockholm apartment belonging to the event organizer, a member of the branch of the party who would become one of Assange’s two accusers.
According to a police report obtained by the Daily Mail in August, she and Assange had sex, and at some point the condom broke. While she was apparently not happy about the condom breaking, the two were seen the next day at the seminar, and nothing appeared amiss.
While in Sweden Assange had sex with another woman a few days after meeting her at a function hosted by the first woman.
The woman and Assange also reportedly had sex. According to the Daily Mail account, Assange did not use a condom at least one time during their sexual activity. The New York Times today quoted accounts given by the women to police and friends as saying Assange “did not comply with her appeals to stop when (the condom) was no longer in use.”
The woman discovered that Assange had sex with both of them, and a few days later went to the police. This is where the legal system in Sweden gets somewhat strange and muddled.
Based on what was said to police, the on-call prosecutor, Marie Kjellstrand, decided to issue an arrest warrant on charges of rape and molestation, and the next day the story hit the Swedish paper Expressen and newspapers all over the world.
Kjellstrand’s decision was overruled the following day by a higher-level prosecutor, Eva Finne, who withdrew the arrest warrant and said she did not see any evidence for rape allegations.
Then, on Sept. 1, a third prosecutor, Ny, re-opened the rape investigation, implying that she had new information in the case.
The best information about what was going on comes from Melbourne barrister James D. Catlin, who acted for Julian Assange in London in October. Of course this is one-sided. However there appears to be nothing to contradict this in the media storm raging in Sweden with statements from the prosecutors or the woman or their lawyer.
The women here are near to and over 30 and have international experience, some of it working in Swedish government embassies. There is no suggestion of drugs nor identity concealment. Far from it. Both women boasted of their celebrity connection to Assange after the events that they would now see him destroyed for.
That further evidence hasn’t been confected to make the charges less absurd does Sweden no credit because it has no choice in the matter. The phenomena of social networking through the internet and mobile phones constrains Swedish authorities from augmenting the evidence against Assange because it would look even less credible in the face of tweets by Anna Ardin and SMS texts by Sofia Wilén boasting of their respective conquests after the “crimes”.
In the case of Ardin it is clear that she has thrown a party in Assange’s honour at her flat after the “crime” and tweeted to her followers that she is with the “the world’s coolest smartest people, it’s amazing!”. Go on the internet and see for yourself. That Ardin has sought unsuccessfully to delete these exculpatory tweets from the public record should be a matter of grave concern. That she has published on the internet a guide on how to get revenge on cheating boyfriends ever graver. The exact content of Wilén’s mobile phone texts is not yet known but their bragging and exculpatory character has been confirmed by Swedish prosecutors. Niether Wilén’s nor Ardin’s texts complain of rape.
But then neither Arden nor Wilén complained to the police but rather “sought advice”, a technique in Sweden enabling citizens to avoid just punishment for making false complaints. They sought advice together, having collaborated and irrevocably tainted each other’s evidence beforehand. Their SMS texts to each other show a plan to contact the Swedish newspaper Expressen beforehand in order to maximise the damage to Assange. They belong to the same political group and attended a public lecture given by Assange and organised by them. You can see Wilén on the YouTube video of the event even now.
Of course, their celebrity lawyer Claes Borgström was questioned as to how the women themselves could be essentially contradicting the legal characterisation of Swedish prosecutors; a crime of non-consent by consent. Borgström’s answer is emblematic of how divorced from reality this matter is. “They (the women) are not jurists”. You need a law degree to know whether you have been r-ped or not in Sweden. In the context of such double think, the question of how the Swedish authorities propose to deal with victims who neither saw themselves as such nor acted as such is easily answered: You’re not a Swedish lawyer so you wouldn’t understand anyway. The consent of both women to sex with Assange has been confirmed by prosecutors.
So why exactly is there a red notice lodged with Interpol over this? In the 188 countries that are part of Interpol, there are a bit over five thousand notices given each year for murderers, fraudsters, actual rapists, and other serious crimes. A crime that has a maximum penalty of USD715 and no potential jail time is a minor offense, and appears to be more a case of social ineptitude on both sides than anything else.
Why did Interpol accept it? There isn’t even an arrest warrant against Assange in Sweden. Apparently because Sweden’s director of public prosecutions, Marianne Ny claimed that Julian Assange had ‘fled’ to avoid answering questions. However the facts that have not been disputed by the Swedish prosecutor or her staff is that Julian Assange has made statements to both the police and the prosecutors after staying in Sweden to do so, was given permission to leave the country by the prosecutors, and has offered to answer questions in Britian including at the Swedish embassy.
…held incommunicado without access to lawyers, visitors or other prisoners..
Quite simply this looks like a politically motivated legal move to grab Julian Assange on a legal pretext, to shut him up, and to get moved to a country with a sympathetic prosecutor for extradition. I’d be extremely interested in finding out what communication has been going on between the conservative government in Sweden before and after the election on September 19th with the government in the US.
But it is pretty clear that Marianne Ny is not acting for the law in Sweden – she is using the law and the Interpol process on the flimsiest pretext. It is clear that you can’t call this rape despite what the prosecutors in Sweden say and has been blasted all over the US media.
Sure, Assange should probably answer more questions – if only to get this on again, off again, on again accusation settled. But there is no reason that cannot be done in the relative safety of the embassy in London. Since the charges do not carry a custodial sentence then there should be no reason to put Assange in prison to answer questions. That just makes him an easy to get at target for the various groups that are proposing to kill or imprison him on trumped up charges from countries like the US to which he owes no duty.
Bearing in mind the US policies of grabbing suspects from friendly states with poor legal systems and throwing them into concentration camps like Guantanamo Bay for interrogation, I can see why Assange would not want to put in the control of a show trial prosecutor like Ny.
Marianne Ny is just making an arse of Swedish law and holding it up as a laughing stock to the rest of the world.
It’s no longer a secret that firms like Gamma International, maker of Finfisher spyware, sell tools for hacking computers and secretly surveilling Internet and cell phone users. But nothing captures the creep factor of that business quite like the firm’s own low-budget, computer-animated marketing videos.
On Wednesday, WikiLeaks released a series of video files obtained from UK-based Gamma that show how its products can be used to monitor Wifi networks from a hotel lobby, hack cell phones and PCs with fake software updates, or infect computers from a USB key to intercept Skype conversations, log encryption passwords and read private files. The videos were posted as part of the secret-spilling group’s ongoing project in cooperation with Privacy International and Bugged Planet known as the Spy Files, which aims to collect and publish marketing documents and other revealing materials from technology firms that sell surveillance equipment.
The European Union’s foreign ministers issued a statement on Thursday reiterating the rights of whistleblowing websites such as Wikileaks.
The Committee of Ministers, the Council of Europe’s decision-making body comprising the foreign affairs ministers of all 27 E.U. countries, alerted its member states about the risks of pressure and attacks on new media, whistleblowers and human-rights-defenders websites.
The committee is concerned that politically motivated pressure on Internet platforms and online service providers could undermine the rights to freedom of expression and association that are guaranteed under Article 10 of the European Convention on Human Rights.
The ministers said in a statement that although privately operated, independent media, whistleblowers, human rights defenders and dissidents play a significant part in facilitating debate on issues of public interest, “in some cases, they can fulfill the role of a social watchdog.”
"People, notably civil society representatives, increasingly rely on social networks, blogging websites and other means of mass communication to access and exchange information, publish content, interact, communicate and associate with each other," said the ministers.
The committee also expressed concern about the threat to these rights caused by cyberattacks against such websites. “Companies that provide Web hosting services lack the incentive to continue hosting those websites if they fear that the latter will come under attack or if their content may be regarded as sensitive.
"Furthermore, the companies concerned are not immune from undue interference; their decisions sometimes stem from direct political pressure or from politically motivated economic compulsion, invoking justification on the basis of compliance with their terms of service. Human rights standards should be applied in situations where there is interference with Internet content and with access to websites hosting it, as well as with online community interactions," said the ministers’ statement.
In its latest release whistleblower website WikiLeaks has unveiled what it calls The Spyfiles. In the words of Wikileaks founder Julian Assange The Spyfiles comprise “over 287 files documenting the reality of the international mass surveillance industry – an industry which now sells equipment to dictators and democracies alike in order to intercept entire populations.”
WikiLeaks’ impact in and around the Middle East has been profound, with its public disclosures of the Iraq and Afghanistan war logs and more recently as a key influence in what’s become known as the Arab Spring - the uprisings in Libya, Egypt, Tunisia and Syria.
Here are some additional interview clips focussing on Wikileaks’ impact on the Middle East. They’re excerpts from wide-ranging interviews reporter Andrew Fowler recorded with Julian Assange, barrister Geoffrey Robertson, the Director of the Bureau of Investigative Journalism in London Iain Overton and the Editor of The Guardian Alan Rusbridger for a mid-year Foreign Correspondent assignment Wiki Whacked.
Julian Assange: he's not the messiah, he's just my boy - The Drum
Humanity’s historical record may be long but there is no doubt that Julian Assange and his small team have already changed the world. Throughout history courageous people who have taken risks to challenge power and the injustices of its abuse have suffered terrible personal consequences, for there is nothing more terrifying for the power elite than an educated, questioning and unified populace.
Tonight Australian time Julian Assange will ask the English High Court for leave to appeal two points of law to the Supreme Court. The judges who dismissed his appeal to the High Court will decide whether or not to certify these points, which must be of public importance and go beyond the specific facts of his case. If he fails he will be extradited to Sweden within 10 days and incarcerated.
Tonight a mother faces the prospect of her son being extradited to a country that has authorised Interpol to make a public Red Notice for her son – its highest alert – in the first and only case of its kind, a country that has been condemned by the European Court of Human Rights for rendering people to the CIA in breach of international law, and that doesn’t have bail; of her son being held in Gothenburg Prison (which has been criticised by the European Commission against Torture for the way it treats its foreign prisoners), being tried in secret, without a jury, before a judge and two retired politicians from parties that have already criticised him, and ultimately being extradited to the United States at the behest of a government which has shown a thirst for revenge and has a long history of disregarding the rule of law and engaging, by its own hand or by proxy, in human rights abuses.
I took the opportunity to catch up with Christine Assange last week. In a lengthy interview I heard about Assange the man, the father, the brother and the son, told by his mother - a fierce supporter but also perhaps also his most honest critic - and not by a Palantir powerpoint presentation.
People Locked in Tiny Cages, Crying in Pain: What I Saw and Heard When the LAPD Threw Me in Jail for Exercising My Right to Protest the Oligarchy | Occupy Wall Street | AlterNet
December 2, 2011 |
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Editor’s note: Yasha Levine, editor of the Exhiled.com, spent two nights in jail . Here’s his account of the crackdown on Occupy LA.
I finally got home Thursday afternoon after spending two nights in jail, and have had a hard time getting my bearings. On top of severe dehydration and sleep deprivation, I’ve got one hell of pounding migraine. So I’ll have to keep this brief for now. But I wanted to write down a few things that I witnessed and heard while locked up by LA’s finest…
First off, don’t believe the PR bullshit. There was nothing peaceful or professional about the LAPD’s attack on Occupy LA–not unless you think that people peacefully protesting against the power of the financial oligarchy deserve to be treated the way I saw Russian cops treating the protesters in Moscow and St. Petersburg who were demonstrating against the oligarchy under Putin and Yeltsin, before we at The eXiled all got tossed out in 2008. Back then, everyone in the West protested and criticized the way the Russian cops brutally snuffed out dissent, myself included. Now I’m in America, at a demonstration, watching exactly the same brutal crackdown…
While people are now beginning to learn that the police attack on Occupy LA was much more violent than previously reported, few actually realize that much—if not most—of the abuse happened while the protesters were in police custody, completely outside the range of the press and news media. And the disgraceful truth is that a lot of the abuse was police sadism, pure and simple:
* I heard from two different sources that at least one busload of protesters (around 40 people) was forced to spend seven excruciating hours locked in tiny cages on a Los Angeles County Sheriff’s Dept. prison bus, denied food, water and access to bathroom facilities. Both men and women were forced to urinate in their seats. Meanwhile, the cops in charge of the bus took an extended Starbucks coffee break.
* The bus that I was shoved into didn’t move for at least an hour. The whole time we listened to the screams and crying from a young woman whom the cops locked into a tiny cage at the front of the bus. She was in agony, begging and pleading for one of the policemen to loosen her plastic handcuffs. A police officer sat a couple of feet away the entire time that she screamed–but wouldn’t lift a finger.
* Everyone on my bus felt her pain–literally felt it. That’s because the zip-tie handcuffs they use—like the ones you see on Iraq prisoners in Abu Ghraib—cut off your circulation and wedge deep through your skin, where they can do some serious nerve damage, if that’s the point. And it did seem to be the point. A couple of guys around me were writhing in agony in their hard plastic seats, hands handcuffed behind their back.
* The 100 protesters in my detainee group were kept handcuffed with their hands behind their backs for 7 hours, denied food and water and forced to sit/sleep on a concrete floor. Some were so tired they passed out face down on the cold and dirty concrete, hands tied behind their back. As a result of the tight cuffs, I wound up losing sensation in my left palm/thumb and still haven’t recovered it now, a day and a half after they finally took them off.
* One seriously injured protester, who had been shot with a shotgun beanbag round and had an oozing bloody welt the size of a grapefruit just above his elbow, was denied medical attention for five hours. Another young guy, who complained that he thought his arm had been broken, was not given medical attention for at least as long. Instead, he spent the entire pre-booking procedure handcuffed to a wall, completely spaced out and staring blankly into space like he was in shock.
* An Occupy LA demonstrator in his 50s who was in my cell block in the Los Angeles Metropolitan Detention Center told us all about when a police officer forced him to take a shit with his hands handcuffed behind his back, which made pulling down his pants and sitting down on the toilet extremely difficult and awkward. And he had to do this in sight of female police officers, all of which made him feel extremely ashamed, to say the least.
* There were two vegetarians and one vegan in my cell. When I left jail around 1:30 pm, they still had not been given food, despite the fact that they were constantly being promised that it would come.
* There were 292 people arrested at Occupy LA. About 75 of them have been released or have gotten out on bail, according the National Lawyers Guild. Most are still inside, slapped with $5,000 to $10,000 bail. According to a bail bondsman I know, this is unprecedented. Misdemeanors are almost always released on their own recognizance, which means that they don’t pay any bail at all. Or at most it’s a $100.
* That means the harsh, long detentions are meant to be are a purely punitive measure against Occupy LA protesters–an order that had to come from the very top.
US targets WikiLeaks like no other organisation - World News - World - General - The Canberra Times
WIKILEAKS is the target of an ”unprecedented” US government criminal investigation, Australian diplomatic cables obtained by the Herald reveal.
The cables also show the Australian government wants to be forewarned about moves to extradite Julian Assange to the United States, but that Australian diplomats raised no concerns about him being pursued by prosecutors on charges of espionage and conspiracy.
The cables, released under freedom of information to the Herald this week, show Australian diplomats have been talking to the US Justice Department for more than a year about US criminal investigations of WikiLeaks and Mr Assange.
While the Justice Department has been reluctant to disclose details of the WikiLeaks probe, the Australian embassy in Washington reported in December 2010 that the investigation was ”unprecedented both in its scale and nature” and that media reports that a secret grand jury had been convened in Alexandria, Virginia, were ”likely true”.
Last week the Foreign Affairs Minister, Kevin Rudd, told Parliament the government was ”not aware of any current extradition request [for Mr Assange] by US authorities” and has ”no formal advice” on a US grand jury investigation directed at WikiLeaks.
On Monday, Mr Assange will learn whether he will be allowed a further legal appeal against his extradition from Britain to Sweden to be questioned about sexual molestation allegations.
Mr Rudd avoided a direct answer to a question about whether Mr Assange could be subject to a ”temporary surrender” mechanism that could allow him to be extradited from Sweden to the US. US Army Private Bradley Manning has been charged with ”aiding the enemy” by leaking hundreds of thousands of classified government documents, published by WikiLeaks since February 2010.
Newly released Department of Foreign Affairs documents show that on December 7 last year, the Australian embassy in Washington confirmed the US Justice Department was conducting an ”active and vigorous inquiry into whether Julian Assange can be charged under US law, most likely the 1917 Espionage Act”.
Australian diplomats called on the Assistant Attorney-General for National Security, David Kris, to request ”advance warning of any public announcement of the results of US investigations or proposed actions”. Mr Kris replied he would take that ”reasonable” request ”up the line”.
In a subsequent detailed assessment, the embassy observed that ”a central theme has been the question of whether WikiLeaks is a media organisation … The general view of expert commentators is that a prosecution could not be successful unless it showed in court that WikiLeaks was not a media organisation since the history of these cases has never seen a media outlet convicted for publication of leaked documents.”
Noting reports that the Justice Department was investigating alleged technical assistance provided to Private Manning, the embassy said: ”Evidence of such a conspiracy could assist prosecutors rebut claims that WikiLeaks was acting merely as a media organisation.”
Mass interception of entire populations is not only a reality, it is a secret new industry spanning 25 countries
It sounds like something out of Hollywood, but as of today, mass interception systems, built by Western intelligence contractors, including for ’political opponents’ are a reality. Today WikiLeaks began releasing a database of hundreds of documents from as many as 160 intelligence contractors in the mass surveillance industry. Working with Bugged Planet and Privacy International, as well as media organizations form six countries – ARD in Germany, The Bureau of Investigative Journalism in the UK, The Hindu in India, L’Espresso in Italy, OWNI in France and the Washington Post in the U.S. Wikileaks is shining a light on this secret industry that has boomed since September 11, 2001 and is worth billions of dollars per year. WikiLeaks has released 287 documents today, but the Spy Files project is ongoing and further information will be released this week and into next year.
International surveillance companies are based in the more technologically sophisticated countries, and they sell their technology on to every country of the world. This industry is, in practice, unregulated. Intelligence agencies, military forces and police authorities are able to silently, and on mass, and secretly intercept calls and take over computers without the help or knowledge of the telecommunication providers. Users’ physical location can be tracked if they are carrying a mobile phone, even if it is only on stand by.
But the WikiLeaks Spy Files are more than just about ’good Western countries’ exporting to ’bad developing world countries’. Western companies are also selling a vast range of mass surveillance equipment to Western intelligence agencies. In traditional spy stories, intelligence agencies like MI5 bug the phone of one or two people of interest. In the last ten years systems for indiscriminate, mass surveillance have become the norm. Intelligence companies such as VASTech secretly sell equipment to permanently record the phone calls of entire nations. Others record the location of every mobile phone in a city, down to 50 meters. Systems to infect every Facebook user, or smart-phone owner of an entire population group are on the intelligence market.
Selling Surveillance to Dictators
When citizens overthrew the dictatorships in Egypt and Libya this year, they uncovered listening rooms where devices from Gamma corporation of the UK, Amesys of France, VASTech of South Africa and ZTE Corp of China monitored their every move online and on the phone.
Surveillance companies like SS8 in the U.S., Hacking Team in Italy and Vupen in France manufacture viruses (Trojans) that hijack individual computers and phones (including iPhones, Blackberries and Androids), take over the device, record its every use, movement, and even the sights and sounds of the room it is in. Other companies like Phoenexia in the Czech Republic collaborate with the military to create speech analysis tools. They identify individuals by gender, age and stress levels and track them based on ‘voiceprints’. Blue Coat in the U.S. and Ipoque in Germany sell tools to governments in countries like China and Iran to prevent dissidents from organizing online.
Trovicor, previously a subsidiary of Nokia Siemens Networks, supplied the Bahraini government with interception technologies that tracked human rights activist Abdul Ghani Al Khanjar. He was shown details of personal mobile phone conversations from before he was interrogated and beaten in the winter of 2010-2011.
How Mass Surveillance Contractors Share Your Data with the State
In January 2011, the National Security Agency broke ground on a $1.5 billion facility in the Utah desert that is designed to store terabytes of domestic and foreign intelligence data forever and process it for years to come.
Telecommunication companies are forthcoming when it comes to disclosing client information to the authorities - no matter the country. Headlines during August’s unrest in the UK exposed how Research in Motion (RIM), makers of the Blackberry, offered to help the government identify their clients. RIM has been in similar negotiations to share BlackBerry Messenger data with the governments of India, Lebanon, Saudi Arabia, and the United Arab Emirates.
Weaponizing Data Kills Innocent People
There are commercial firms that now sell special software that analyze this data and turn it into powerful tools that can be used by military and intelligence agencies.
For example, in military bases across the U.S., Air Force pilots use a video link and joystick to fly Predator drones to conduct surveillance over the Middle East and Central Asia. This data is available to Central Intelligence Agency officials who use it to fire Hellfire missiles on targets.
The CIA officials have bought software that allows them to match phone signals and voice prints instantly and pinpoint the specific identity and location of individuals. Intelligence Integration Systems, Inc., based in Massachusetts - sells a “location-based analytics” software called Geospatial Toolkit for this purpose. Another Massachusetts company named Netezza, which bought a copy of the software, allegedly reverse engineered the code and sold a hacked version to the Central Intelligence Agency for use in remotely piloted drone aircraft.
IISI, which says that the software could be wrong by a distance of up to 40 feet, sued Netezza to prevent the use of this software. Company founder Rich Zimmerman stated in court that his “reaction was one of stun, amazement that they (CIA) want to kill people with my software that doesn’t work.”
Across the world, mass surveillance contractors are helping intelligence agencies spy on individuals and ‘communities of interest’ on an industrial scale.
The Wikileaks Spy Files reveal the details of which companies are making billions selling sophisticated tracking tools to government buyers, flouting export rules, and turning a blind eye to dictatorial regimes that abuse human rights.
How to use the Spy Files
To search inside those files, click one of the link on the left pane of this page, to get the list of documents by type, company date or tag.