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Paul Merrell

Internet Giants Erect Barriers to Spy Agencies - NYTimes.com - 0 views

www.nytimes.com/...-barriers-to-spy-agencies.html

surveillance-state NSA-reform DIY-reform internet-hardening digital-privacy

shared by Paul Merrell on 08 Jun 14 - No Cached
  • As fast as it can, Google is sealing up cracks in its systems that Edward J. Snowden revealed the N.S.A. had brilliantly exploited. It is encrypting more data as it moves among its servers and helping customers encode their own emails. Facebook, Microsoft and Yahoo are taking similar steps.
  • After years of cooperating with the government, the immediate goal now is to thwart Washington — as well as Beijing and Moscow. The strategy is also intended to preserve business overseas in places like Brazil and Germany that have threatened to entrust data only to local providers. Google, for example, is laying its own fiber optic cable under the world’s oceans, a project that began as an effort to cut costs and extend its influence, but now has an added purpose: to assure that the company will have more control over the movement of its customer data.
  • A year after Mr. Snowden’s revelations, the era of quiet cooperation is over. Telecommunications companies say they are denying requests to volunteer data not covered by existing law. A.T.&T., Verizon and others say that compared with a year ago, they are far more reluctant to cooperate with the United States government in “gray areas” where there is no explicit requirement for a legal warrant.
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  • Eric Grosse, Google’s security chief, suggested in an interview that the N.S.A.'s own behavior invited the new arms race.“I am willing to help on the purely defensive side of things,” he said, referring to Washington’s efforts to enlist Silicon Valley in cybersecurity efforts. “But signals intercept is totally off the table,” he said, referring to national intelligence gathering.“No hard feelings, but my job is to make their job hard,” he added.
  • Hardware firms like Cisco, which makes routers and switches, have found their products a frequent subject of Mr. Snowden’s disclosures, and their business has declined steadily in places like Asia, Brazil and Europe over the last year. The company is still struggling to convince foreign customers that their networks are safe from hackers — and free of “back doors” installed by the N.S.A. The frustration, companies here say, is that it is nearly impossible to prove that their systems are N.S.A.-proof.
  • In Washington, officials acknowledge that covert programs are now far harder to execute because American technology companies, fearful of losing international business, are hardening their networks and saying no to requests for the kind of help they once quietly provided.Continue reading the main story Robert S. Litt, the general counsel of the Office of the Director of National Intelligence, which oversees all 17 American spy agencies, said on Wednesday that it was “an unquestionable loss for our nation that companies are losing the willingness to cooperate legally and voluntarily” with American spy agencies.
  • Mr. Smith also said the company was setting up “transparency centers” abroad so that technical experts of foreign governments could come in and inspect Microsoft’s proprietary source code. That will allow foreign governments to check to make sure there are no “back doors” that would permit snooping by United States intelligence agencies. The first such center is being set up in Brussels.Microsoft has also pushed back harder in court. In a Seattle case, the government issued a “national security letter” to compel Microsoft to turn over data about a customer, along with a gag order to prevent Microsoft from telling the customer it had been compelled to provide its communications to government officials. Microsoft challenged the gag order as violating the First Amendment. The government backed down.
  • Many point to an episode in 2012, when Russian security researchers uncovered a state espionage tool, Flame, on Iranian computers. Flame, like the Stuxnet worm, is believed to have been produced at least in part by American intelligence agencies. It was created by exploiting a previously unknown flaw in Microsoft’s operating systems. Companies argue that others could have later taken advantage of this defect.Worried that such an episode undercuts confidence in its wares, Microsoft is now fully encrypting all its products, including Hotmail and Outlook.com, by the end of this year with 2,048-bit encryption, a stronger protection that would take a government far longer to crack. The software is protected by encryption both when it is in data centers and when data is being sent over the Internet, said Bradford L. Smith, the company’s general counsel.
  • In one slide from the disclosures, N.S.A. analysts pointed to a sweet spot inside Google’s data centers, where they could catch traffic in unencrypted form. Next to a quickly drawn smiley face, an N.S.A. analyst, referring to an acronym for a common layer of protection, had noted, “SSL added and removed here!”
  • Facebook and Yahoo have also been encrypting traffic among their internal servers. And Facebook, Google and Microsoft have been moving to more strongly encrypt consumer traffic with so-called Perfect Forward Secrecy, specifically devised to make it more labor intensive for the N.S.A. or anyone to read stored encrypted communications.One of the biggest indirect consequences from the Snowden revelations, technology executives say, has been the surge in demands from foreign governments that saw what kind of access to user information the N.S.A. received — voluntarily or surreptitiously. Now they want the same.
  • The latest move in the war between intelligence agencies and technology companies arrived this week, in the form of a new Google encryption tool. The company released a user-friendly, email encryption method to replace the clunky and often mistake-prone encryption schemes the N.S.A. has readily exploited.But the best part of the tool was buried in Google’s code, which included a jab at the N.S.A.'s smiley-face slide. The code included the phrase: “ssl-added-and-removed-here-; - )”
Paul Merrell

DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals - Law Blog - WSJ - 0 views

blogs.wsj.com/...lities-against-cyber-criminals

surveillance state DoJ government-malware criminal-procedure

shared by Paul Merrell on 29 Mar 14 - No Cached
  • The U.S. Department of Justice is pushing to make it easier for law enforcement to get warrants to hack into the computers of criminal suspects across the country. The move, which would alter federal court rules governing search warrants, comes amid increases in cases related to computer crimes. Investigators say they need more flexibility to get warrants to allow hacking in such cases, especially when multiple computers are involved or the government doesn’t know where the suspect’s computer is physically located. The Justice Department effort is raising questions among some technology advocates, who say the government should focus on fixing the holes in computer software that allow such hacking instead of exploiting them. Privacy advocates also warn government spyware could end up on innocent people’s computers if remote attacks are authorized against equipment whose ownership isn’t clear.
  • The government’s push for rule changes sheds light on law enforcement’s use of remote hacking techniques, which are being deployed more frequently but have been protected behind a veil of secrecy for years. In documents submitted by the government to the judicial system’s rule-making body this year, the government discussed using software to find suspected child pornographers who visited a U.S. site and concealed their identity using a strong anonymization tool called Tor. The government’s hacking tools—such as sending an email embedded with code that installs spying software — resemble those used by criminal hackers. The government doesn’t describe these methods as hacking, preferring instead to use terms like “remote access” and “network investigative techniques.” Right now, investigators who want to search property, including computers, generally need to get a warrant from a judge in the district where the property is located, according to federal court rules. In a computer investigation, that might not be possible, because criminals can hide behind anonymizing technologies. In cases involving botnets—groups of hijacked computers—investigators might also want to search many machines at once without getting that many warrants.
  • Some judges have already granted warrants in cases when authorities don’t know where the machine is. But at least one judge has denied an application in part because of the current rules. The department also wants warrants to be allowed for multiple computers at the same time, as well as for searches of many related storage, email and social media accounts at once, as long as those accounts are accessed by the computer being searched. “Remote searches of computers are often essential to the successful investigation” of computer crimes, Acting Assistant Attorney General Mythili Raman wrote in a letter to the judicial system’s rulemaking authority requesting the change in September. The government tries to obtain these “remote access warrants” mainly to “combat Internet anonymizing techniques,” the department said in a memo to the authority in March. Some groups have raised questions about law enforcement’s use of hacking technologies, arguing that such tools mean the government is failing to help fix software problems exploited by criminals. “It is crucial that we have a robust public debate about how the Fourth Amendment and federal law should limit the government’s use of malware and spyware within the U.S.,” said Nathan Wessler, a staff attorney at the American Civil Liberties Union who focuses on technology issues.
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  • A Texas judge who denied a warrant application last year cited privacy concerns associated with sending malware when the location of the computer wasn’t known. He pointed out that a suspect opening an email infected with spyware could be doing so on a public computer, creating risk of information being collected from innocent people. A former computer crimes prosecutor serving on an advisory committee of the U.S. Judicial Conference, which is reviewing the request, said he was concerned that allowing the search of multiple computers under a single warrant would violate the Fourth Amendment’s protections against overly broad searches. The proposed rule is set to be debated by the Judicial Conference’s Advisory Committee on Criminal Rules in early April, after which it would be opened to public comment.
Paul Merrell

State Secrets Claim Challenged in Defamation Lawsuit - 0 views

fas.org/...ssp-challenge

government secrecy state-secrets Restis litigation

shared by Paul Merrell on 31 Oct 14 - No Cached
  • The U.S. Government overreached by intervening in a private defamation lawsuit to assert the state secrets privilege without providing a public explanation or even identifying which agency was asserting the privilege, the plaintiff in that lawsuit yesterday. That argument was bolstered by an amicus brief from civil liberties organizations concerning the proper use of the privilege and the alternatives to dismissal of the case. The issue arose after Greek businessman Victor Restis filed the lawsuit last year against the private group United Against Nuclear Iran (UANI), alleging that it had falsely accused Restis of engaging in illicit commerce with Iran. The U.S. Government, which was not a party to the case, unexpectedly asserted the state secrets privilege and moved for dismissal of the case in September, while refusing to disclose exactly why or by whom the privilege was being asserted.
Paul Merrell

Court Views State Secrets Too Narrowly, Govt Says - 0 views

fas.org/...ssp-narrow

state-secrets-privilege litigation legislation justiciability

shared by Paul Merrell on 29 Jan 15 - No Cached
  • The scope of the state secrets privilege is again a matter of contention, as government attorneys in an ongoing lawsuit told a judge last week that he had construed the privilege too narrowly. Is the state secrets privilege applicable only to discrete items of evidence whose disclosure can be shown to harm the Nation? Or can the privilege be invoked more broadly based on the “context” in which litigation occurs? The proper parameters of the state secrets privilege have never been defined in statute, and so these questions recur. In a pending lawsuit concerning the constitutionality of the “no fly” list (Gulet Mohamed v. Eric Holder), the presiding judge has taken a distinctly skeptical view of the government’s use of the state secrets privilege. Judge Anthony J. Trenga of the Eastern District of Virginia last fall denied a government motion to dismiss the case on state secrets grounds (Secrecy News,10/31/14), and he concluded that the government’s claim of privilege to withhold 28 specified documents was inadequately justified.
  • In other words, the government seems to say here, the state secrets privilege has no limiting principle by which it can be circumscribed and objectively constrained. The State Secrets Protection Act, a bill repeatedly introduced in Congress but never enacted into law, would have made clear that “the state secrets privilege is an evidentiary rule, not a justiciability rule, and can only be asserted with respect to items of evidence that plaintiffs seek in discovery or intend to disclose in litigation.” It would also have set “a standard of review designed to give appropriate respect to the executive branch’s institutional expertise and constitutional role, without undermining the judge’s duty to make an independent determination on each privilege claim.” Essentially, according to a 2008 Senate report, “the bill rejects the  expansion of the state secrets privilege into any manner of justiciability doctrine, and demands that it be applied as a purely evidentiary privilege.” But in the absence of legislative action, the asserted scope of the privilege continues to drift.
Gary Edwards

20 Ways The Economy Has Gotten Worse Since Barack Obama Became President - 0 views

www.businessinsider.com/otten-worse-under-obama-2011-6

obammunism financial-collapse Federal-Reserve banksters

shared by Gary Edwards on 10 Jun 11 - No Cached
  • Gary Edwards on 10 Jun 11
     
    Wow!  Blockbuster stuff.... excerpt: Barack Obama is proving to be one of the worst presidents in all of U.S. history.  Perhaps when it is all said and done he will be recognized as the absolute worst.  Not that George W. Bush was much different.  In fact, the Republican Party will not regain much credibility with the American people until it admits that George W. Bush was an absolutely horrible president.  Sadly, the truth is that we have not had a decent president in decades.  This statement is going to upset almost everyone that is still trapped inside the false left/right political paradigm in this country, but I am not here to pander to the political establishment. Barack Obama is a horrific president. So was George W. Bush. That is the truth. Not that it is our presidents that actually run our economy.  As far as the economy is concerned, the U.S. Congress deserves as much (or more) of the blame as the executive branch does. However, if you really want to point fingers at someone, then you should place the most blame on the Federal Reserve. As I have written about previously, the Federal Reserve has more power over our economy that any other single institution.... So exactly what is the Federal Reserve?  Most people would say that it is an agency of the federal government.  But that is absolutely not true.  In fact, the Federal Reserve itself has argued in court that it is not an agency of the federal government.  Rather, the Federal Reserve is a privately-owned banking cartel that has been given a perpetual monopoly over our monetary system by the U.S. Congress.  This privately-owned central bank has been destroying the value of the U.S. dollar for decades, it has run our economy into the ground and it has driven the U.S. government to the brink of bankruptcy.  The Federal Reserve operates in great secrecy, it has never been subjected to a comprehensive audit and it is not accountable to the American people.  Yet the decisions that the Federal
Paul Merrell

Tomgram: Engelhardt, Who Rules Washington? | TomDispatch - 0 views

www.tomdispatch.com/...lhardt%2C_who_rules_washington

war & peace Dark-State U.S. CIA torture Senate-Intelligence_Committee-Report

shared by Paul Merrell on 05 Aug 14 - No Cached
  • As every schoolchild knows, there are three check-and-balance branches of the U.S. government: the executive, Congress, and the judiciary. That’s bedrock Americanism and the most basic high school civics material. Only one problem: it’s just not so. During the Cold War years and far more strikingly in the twenty-first century, the U.S. government has evolved.  It sprouted a fourth branch: the national security state, whose main characteristic may be an unquenchable urge to expand its power and reach.  Admittedly, it still lacks certain formal prerogatives of governmental power.  Nonetheless, at a time when Congress and the presidency are in a check-and-balance ballet of inactivity that would have been unimaginable to Americans of earlier eras, the Fourth Branch is an ever more unchecked and unbalanced power center in Washington.  Curtained off from accountability by a penumbra of secrecy, its leaders increasingly are making nitty-gritty policy decisions and largely doing what they want, a situation illuminated by a recent controversy over the possible release of a Senate report on CIA rendition and torture practices.
  • All of this is or should be obvious, but remains surprisingly unacknowledged in our American world. The rise of the Fourth Branch began at a moment of mobilization for a global conflict, World War II.  It gained heft and staying power in the Cold War of the second half of the twentieth century, when that other superpower, the Soviet Union, provided the excuse for expansion of every sort.  Its officials bided their time in the years after the fall of the Soviet Union, when “terrorism” had yet to claim the landscape and enemies were in short supply.  In the post-9/11 era, in a phony “wartime” atmosphere, fed by trillions of taxpayer dollars, and under the banner of American “safety,” it has grown to unparalleled size and power.  So much so that it sparked a building boom in and around the national capital (as well as elsewhere in the country).  In their 2010 Washington Post series “Top Secret America,” Dana Priest and William Arkin offered this thumbnail summary of the extent of that boom for the U.S. Intelligence Community: “In Washington and the surrounding area,” they wrote, “33 building complexes for top-secret intelligence work are under construction or have been built since September 2001. Together they occupy the equivalent of almost three Pentagons or 22 U.S. Capitol buildings -- about 17 million square feet of space.”  And in 2014, the expansion is ongoing.
  • In this century, a full-scale second “Defense Department,” the Department of Homeland Security, was created.  Around it has grown up a mini-version of the military-industrial complex, with the usual set of consultants, K Street lobbyists, political contributions, and power relations: just the sort of edifice that President Eisenhower warned Americans about in his famed farewell address  in 1961.  In the meantime, the original military-industrial complex has only gained strength and influence. Increasingly, post-9/11, under the rubric of “privatization,” though it should more accurately have been called “corporatization,” the Pentagon took a series of crony companies off to war with it.  In the process, it gave “capitalist war” a more literal meaning, thanks to its wholesale financial support of, and the shrugging off of previously military tasks onto, a series of warrior corporations. Meanwhile, the 17 members of the U.S. Intelligence Community -- yes, there are 17 major intelligence outfits in the national security state -- have been growing, some at prodigious rates.  A number of them have undergone their own versions of corporatization, outsourcing many of their operations to private contractors in staggering numbers, so that we now have “capitalist intelligence” as well.  With the fears from 9/11 injected into society and the wind of terrorism at their backs, the Intelligence Community has had a remarkably free hand to develop surveillance systems that are now essentially “watching” everyone -- including, it seems, other branches of the government.
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  • From the Pentagon to the Department of Homeland Security to the labyrinthine world of intelligence, the rise to power of the national security state has been a spectacle of our time.  Whenever news of its secret operations begins to ooze out, threatening to unnerve the public, the White House and Congress discuss “reforms” which will, at best, modestly impede the expansive powers of that state within a state.  Generally speaking, its powers and prerogatives remain beyond constraint by that third branch of government, the non-secret judiciary.  It is deferred to with remarkable frequency by the executive branch and, with the rarest of exceptions, it has been supported handsomely with much obeisance and few doubts by Congress. And also keep in mind that, of the four branches of government, only two of them -- an activist Supreme Court and the national security state -- seem capable of functioning in a genuine policymaking capacity at the moment.
  • In that light, let’s turn to a set of intertwined events in Washington that have largely been dealt with in the media as your typical tempest in a teapot, a catfight among the vested and powerful.  I’m talking about the various charges and countercharges, anger, outrage, and irritation, as well as news of acts of seeming illegality now swirling around a 6,300-page CIA “torture report” produced but not yet made public by the Senate Intelligence Committee.  This ongoing controversy reveals a great deal about the nature of the checks and balances on the Fourth Branch of government in 2014.
  • Fourteen years into the twenty-first century, we’re so used to this sort of thing that we seldom think about what it means to let the CIA -- accused of a variety of crimes -- be the agency to decide what exactly can be known by the public, in conjunction with a deferential White House.  The Agency’s present director, it should be noted, has been a close confidant and friend of the president and was for years his key counterterrorism advisor.  To get a sense of what all this really means, you need perhaps to imagine that, in 2004, the 9/11 Commission was forced to turn its report over to Osama bin Laden for vetting and redaction before releasing it to the public.  Extreme as that may sound, the CIA is no less a self-interested party. And this interminable process has yet to end, although the White House is supposed to release something, possibly heavily redacted, as early as this coming week or perhaps in the dog days of August.
  • The fact is that, for the Fourth Branch, this remains the age of impunity.  Hidden in a veil of secrecy, bolstered by secret law and secret courts, surrounded by its chosen corporations and politicians, its power to define policy and act as it sees fit in the name of American safety is visibly on the rise.  No matter what setbacks it experiences along the way, its urge to expand and control seems, at the moment, beyond staunching.  In the context of the Senate’s torture report, the question at hand remains: Who rules Washington?
  • Paul Merrell on 05 Aug 14
     
    The indefatigable and perceptive Tom Englehardt finds formally secret features of the Dark State revealed in the ongoing political jockeying involving the CIA's torture, black prisons, and extarordinary rendition program. 
Paul Merrell

The "Cuban Twitter" Scam Is a Drop in the Internet Propaganda Bucket - The Intercept - 0 views

firstlook.org/...minating-government-propaganda

surveillance state propaganda psywar USAID State-Dept. Obama

shared by Paul Merrell on 06 Apr 14 - No Cached
  • This week, the Associated Press exposed a secret program run by the U.S. Agency for International Development to create “a Twitter-like Cuban communications network” run through “secret shell companies” in order to create the false appearance of being a privately owned operation. Unbeknownst to the service’s Cuban users was the fact that “American contractors were gathering their private data in the hope that it might be used for political purposes”–specifically, to manipulate those users in order to foment dissent in Cuba and subvert its government. According to top-secret documents published today by The Intercept, this sort of operation is frequently discussed at western intelligence agencies, which have plotted ways to covertly use social media for ”propaganda,” “deception,” “mass messaging,” and “pushing stories.” These ideas–discussions of how to exploit the internet, specifically social media, to surreptitiously disseminate viewpoints friendly to western interests and spread false or damaging information about targets–appear repeatedly throughout the archive of materials provided by NSA whistleblower Edward Snowden. Documents prepared by NSA and its British counterpart GCHQ–and previously published by The Intercept as well as some by NBC News–detailed several of those programs, including a unit devoted in part to “discrediting” the agency’s enemies with false information spread online.
  • he documents in the archive show that the British are particularly aggressive and eager in this regard, and formally shared their methods with their U.S. counterparts. One previously undisclosed top-secret document–prepared by GCHQ for the 2010 annual “SIGDEV” gathering of the “Five Eyes” surveillance alliance comprising the UK, Canada, New Zealand, Australia, and the U.S.–explicitly discusses ways to exploit Twitter, Facebook, YouTube, and other social media as secret platforms for propaganda.
  • The document was presented by GCHQ’s Joint Threat Research Intelligence Group (JTRIG). The unit’s self-described purpose is “using online techniques to make something happen in the real or cyber world,” including “information ops (influence or disruption).” The British agency describes its JTRIG and Computer Network Exploitation operations as a “major part of business” at GCHQ, conducting “5% of Operations.” The annual SIGDEV conference, according to one NSA document published today by The Intercept, “enables unprecedented visibility of SIGINT Development activities from across the Extended Enterprise, Second Party and US Intelligence communities.” The 2009 Conference, held at Fort Meade, included “eighty-six representatives from the wider US Intelligence Community, covering agencies as diverse as CIA (a record 50 participants), the Air Force Research Laboratory and the National Air and Space Intelligence Center.” Defenders of surveillance agencies have often insinuated that such proposals are nothing more than pipe dreams and wishful thinking on the part of intelligence agents. But these documents are not merely proposals or hypothetical scenarios. As described by the NSA document published today, the purpose of SIGDEV presentations is “to synchronize discovery efforts, share breakthroughs, and swap knowledge on the art of analysis.”
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  • (The GCHQ document also describes a practice called “credential harvesting,” which NBC described as an effort to “select journalists who could be used to spread information” that the government wants distributed. According to the NBC report, GCHQ agents would employ “electronic snooping to identify non-British journalists who would then be manipulated to feed information to the target of a covert campaign.” Then, “the journalist’s job would provide access to the targeted individual, perhaps for an interview.” Anonymous sources that NBC didn’t characterize claimed at the time that GCHQ had not employed the technique.) Whether governments should be in the business of publicly disseminating political propaganda at all is itself a controversial question. Such activities are restricted by law in many countries, including the U.S. In 2008, The New York Times’ David Barstow won a Pulitzer Prize for exposing a domestic effort coordinated by the Pentagon whereby retired U.S. generals posed as “independent analysts” employed by American television networks and cable news outlets as they secretly coordinated their messaging with the Pentagon.
  • For instance: One of the programs described by the newly released GCHQ document is dubbed “Royal Concierge,” under which the British agency intercepts email confirmations of hotel reservations to enable it to subject hotel guests to electronic monitoring. It also contemplates how to “influence the hotel choice” of travelers and to determine whether they stay at “SIGINT friendly” hotels. The document asks: “Can we influence the hotel choice? Can we cancel their visit?” Previously, der Spiegel and NBC News both independently confirmed that the “Royal Concierge” program has been implemented and extensively used. The German magazine reported that “for more than three years, GCHQ has had a system to automatically monitor hotel bookings of at least 350 upscale hotels around the world in order to target, search, and analyze reservations to detect diplomats and government officials.” NBC reported that “the intelligence agency uses the information to spy on human targets through ‘close access technical operations,’ which can include listening in on telephone calls and tapping hotel computers as well as sending intelligence officers to observe the targets in person at the hotels.”
  • The GCHQ document we are publishing today expressly contemplates exploiting social media venues such as Twitter, as well as other communications venues including email, to seed state propaganda–GHCQ’s word, not mine–across the internet:
  • Because American law bars the government from employing political propaganda domestically, that program was likely illegal, though no legal accountability was ever brought to bear (despite all sorts of calls for formal investigations). Barack Obama, a presidential candidate at the time, pronounced himself in a campaign press release “deeply disturbed” by the Pentagon program, which he said “sought to manipulate the public’s trust.” Propagandizing foreign populations has generally been more legally acceptable. But it is difficult to see how government propaganda can be segregated from domestic consumption in the digital age. If American intelligence agencies are adopting the GCHQ’s tactics of “crafting messaging campaigns to go ‘viral’,” the legal issue is clear: A “viral” online propaganda campaign, by definition, is almost certain to influence its own citizens as well as those of other countries.
  • But these documents, along with the AP’s exposure of the sham “Cuban Twitter” program, underscore how aggressively western governments are seeking to exploit the internet as a means to manipulate political activity and shape political discourse. Those programs, carried out in secrecy and with little accountability (it seems nobody in Congress knew of the “Cuban Twitter” program in any detail) threaten the integrity of the internet itself, as state-disseminated propaganda masquerades as free online speech and organizing. There is thus little or no ability for an internet user to know when they are being covertly propagandized by their government, which is precisely what makes it so appealing to intelligence agencies, so powerful, and so dangerous.
  • Paul Merrell on 06 Apr 14
     
    Glenn Greenwald drops a choice few new documents. Well worth viewing. 
Paul Merrell

Fisa court oversight: a look inside a secret and empty process | Glenn Greenwald | Comm... - 0 views

www.guardian.co.uk/...ourt-oversight-process-secrecy

surveillance state NSA lies FISA FISA Court Obama procedures must-read

shared by Paul Merrell on 21 Jun 13 - No Cached
  • Since we began began publishing stories about the NSA's massive domestic spying apparatus, various NSA defenders – beginning with President Obama - have sought to assure the public that this is all done under robust judicial oversight. "When it comes to telephone calls, nobody is listening to your telephone calls," he proclaimed on June 7 when responding to our story about the bulk collection of telephone records, adding that the program is "fully overseen" by "the Fisa court, a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them". Obama told Charlie Rose last night:"What I can say unequivocally is that if you are a US person, the NSA cannot listen to your telephone calls … by law and by rule, and unless they … go to a court, and obtain a warrant, and seek probable cause, the same way it's always been, the same way when we were growing up and we were watching movies, you want to go set up a wiretap, you got to go to a judge, show probable cause."The GOP chairman of the House Intelligence Committee, Mike Rogers, told CNN that the NSA "is not listening to Americans' phone calls. If it did, it is illegal. It is breaking the law." Talking points issued by the House GOP in defense of the NSA claimed that surveillance law only "allows the Government to acquire foreign intelligence information concerning non-U.S.-persons (foreign, non-Americans) located outside the United States."
  • The decisions about who has their emails and telephone calls intercepted by the NSA is made by the NSA itself, not by the Fisa court, except where the NSA itself concludes the person is a US citizen and/or the communication is exclusively domestic. But even in such cases, the NSA often ends up intercepting those communications of Americans without individualized warrants, and all of this is left to the discretion of the NSA analysts with no real judicial oversight.
  • The NSA's media defenders have similarly stressed that the NSA's eavesdropping and internet snooping requires warrants when it involves Americans. The Washington Post's Charles Lane told his readers: "the government needs a court-issued warrant, based on probable cause, to listen in on phone calls." The Post's David Ignatius told Post readers that NSA internet surveillance "is overseen by judges who sit on the Foreign Intelligence Surveillance Court" and is "lawful and controlled". Tom Friedman told New York Times readers that before NSA analysts can invade the content of calls and emails, they "have to go to a judge to get a warrant to actually look at the content under guidelines set by Congress."This has become the most common theme for those defending NSA surveillance. But these claim are highly misleading, and in some cases outright false.
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  • What is vital to recognize is that the NSA is collecting and storing staggering sums of communications every day. Back in 2010, the Washington Post reported that "every day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications." Documents published by the Guardian last week detail that, in March 2013, the NSA collected three billions of pieces of intelligence just from US communications networks alone.In sum, the NSA is vacuuming up enormous amounts of communications involving ordinary Americans and people around the world who are guilty of nothing. There are some legal constraints governing their power to examine the content of those communications, but there are no technical limits on the ability either of the agency or its analysts to do so. The fact that there is so little external oversight is what makes this sweeping, suspicion-less surveillance system so dangerous. It's also what makes the assurances from government officials and their media allies so dubious.
  • Paul Merrell on 21 Jun 13
     
    Glenn Greenwald strikes again with hard proof from NSA documents, dissecting procedures used throughout the intelligence establishment from the NSA to the President to Congress, casting severe doubt on what we have been told by those defending the NSA surveillance program. I have highlighted only a few points from this lengthy article. As to Greenwald's discussion of the FISA Court's weaknesses, he omitted one that I believe is incredibly, the lack of an adversarial system with a lawyer opposing what the government asks the Court to authorize. True, search warrants are normally issued in the U.S. with only the government represented in the process. But there is a crucial difference: once someone is charged with a crime, the warrant must be disclosed to the defendant who can ask the court to suppress all evidence unlawfully obtained not only through the warrant but also the fruits of any unlawfully obtained evidence, meaning subsequently discovered evidence that would not have been found absent the unlawfully obtained evidence. The same result can happen if the warrant is found to be invalid for any of a variety of reasons, or the officers exceeded the scope of the search authorized.  So in the normal search warrant process, the participation of an adversary attorney is only delayed; it is not virtually eliminated as it is in the FISA Court. Thus far, only those ordered to disclose records to the NSA have been granted standing to oppose disclosure, not those who have been surveilled. The entire U.S. judicial system is built around the principle of an adversarial process. Judges are expected to be neutral arbiters between two or more sides to a dispute. We do not have an inquisitorial system, as is used for example in some European nations, where the judge is also the investigator. The FISA court is presently composed of 11 federal district court judges who also preside over normal cases in their individual districts. Steeped in the adversarial system and th
Gary Edwards

The Daily Bell - Doug Casey on the Continuing Debasement of Money, Language and Banking... - 0 views

www.thedailybell.com/...-and-Banking-in-the-Modern-Age

Banksters

shared by Gary Edwards on 09 Jul 15 - No Cached
  • This isn't going to last because the way you get wealthy is by producing more than you consume and saving the difference – not by consuming more than you produce, and borrowing the difference. With the Fed keeping interest rates at artificially low levels, hoping to increase consumption, they're making it very foolish to save – when you get ½% or 1% on your savings. So people are saving less and they're borrowing more than they otherwise would. This is a formula for making things worse, not better.
  • They are, idiotically, doing exactly the opposite of what they should be.
  • In point of fact, the Fed should be abolished; the market, not bureaucrats, should determine interest rates. We wouldn't be in this pickle to start with if the government wasn't involved in the economy.
  • ...35 more annotations...
  • The Chinese, the Japanese – everybody is selling, trying to pass the Old Maid card of US Government debt, which represents return–free risk. Nobody other than the Fed is buying, and interest rates would skyrocket if they stopped. The more QE there is, the more distortions it will cause, however, making for a bigger disaster the longer it goes on.
  • Will the Fed continue to inflate the money supply? Doug Casey: They have to, because with the huge amount of debt in the world – and the amount of debt in the world has increased something like 40 or 50% just since the Greater Depression started – if they don't keep increasing the amount of money in the world then nobody's going to be able to service the huge amount of debt that is out there. So I don't see anything changing in the years to come. They've truly painted themselves into a corner. They're caught between Scylla and Charybdis, and we don't have Odysseus steering the ship of state.
  • Let me say, again, that the Fed serves no useful purpose and it should be abolished. Central banks create "super money" by buying government or other debt with new currency units that they credit to the sellers' accounts at commercial banks. That's the actual engine of inflation.
  • But it's greatly compounded in the commercial banking system through fractional reserve lending – which would not be possible without a central bank. Fractional reserve lending allows banks to multiply the money supply several times.
  • If $100 of Fed super money, freshly created, is deposited in a commercial bank like Chase or Citibank, then $90 can be lent out with a 10% reserve, the current number. That money is redeposited. They'll then lend out 90% of that $90, or $81, and then 90% of that $81, so it multiplies.
  • Central banking and fractional reserve lending go hand-in-hand.
  • Without a central bank, any bank that engaged in fractional reserve banking would be considered guilty of fraud and, when discovered, would be punished by a bank run, followed by criminal charges. The point to be made here is that the entire banking system today is totally unsound and totally corrupt.
  • In a sound banking system you have two types of deposits – checking account (or demand) deposits, and savings account (or time) deposits. They are completely different businesses. With demand deposits, you pay the bank to store your money securely, and write checks against it. A bank should no more lend out demand deposit money than Allied Storage should lend out the furniture you're paying them to store.
  • Savings accounts are completely different. Here you lend money to a bank, perhaps at 3%, and they relend it at 6%, making 3% to cover costs, risks and profits. A sound bank not only has to match the maturities of its deposits with the maturities of its loans, but must insure loans are both highly secured and self-liquidating.
  • These principles have been totally lost. Today banks operate as hedge funds.
  • As an aside, if someone were to set up a well-capitalized 100% reserve bank in a tax haven, especially using gold as an alternative currency, it would be immensely successful in the years to come – when most all conventional banks will fail.
  • By all historical, normal parameters, the stock market is greatly overvalued.
  • The trillions of new currency units that the Fed is creating are creating bubbles, and one of them is in the stock market. The biggest bubble, of course, is in the bond market – that's a super bubble.
  • Not only does the dollar have no real value but the banks you keep it in are all insolvent.
  • There are few sound investments out there. Today there are no investments; there are only speculations.
  • From the economist's point of view, the bubbles created by central banking are a disaster, but from a speculator's point of view they're a godsend. It's becoming harder and harder to be an investor; I define an investor as someone who allocates capital to productive business. It's hard to be an investor because you now have to spend more money on lawyers than on engineers and workers if you want to produce something. You're increasingly forced to be a speculator in today's climate.
  • Stock and bond markets all over the world are overpriced – with the exception of Russian stocks right now; they could be a very interesting speculation. I wouldn't touch anything in China yet, because all the Chinese banks are going to go bust.
  • The Chinese have been more profligate inflating the yuan than the Americans have been with the dollar. It's fantastic what the Chinese have done since Deng liberalized the economy in the early '80s, but now's not a time to be in their markets.
  • You've got to remember there are two types of people in the world: people who want to control material reality and people who want to control other people.
  • It's that second type who go into politics. They play games – here it's called the Great Game, which dignifies it in a way it shouldn't be – with other people's lives and property. It's been this way ever since the state was created about 5,000 years ago, and I don't think you should play games with other people's lives.
  • On the bright side, there are more scientists and engineers alive today than in all of human history put together, and so technology is advancing more rapidly than ever for that reason. That's a huge plus.
  • The second good thing is that the average person, at least those who aren't on welfare, tries to produce more than he consumes. That creates capital.
  • But I'm afraid that Western civilization reached its peak before World War I. World War I destroyed a huge amount of capital and, more importantly, it changed the moral bases of so many things.
  • Then World War II institutionalized the State as the most important part of society – which is perverse, because the state is actually the enemy of civil society.
  • I think Western civilization reached its peak in 1913, when it reached its maximum geographical extent. That was coincidental with the peak of its technological and philosophical influence on the world, much the way the Roman Empire reached its peak at about the end of the first century, then went down, slowly at first and then quickly. That's what's happening to the West.
  • Relative to the rest of the world, and contribution to world production, our piece of the economic pie is getting smaller and smaller. If we have another serious war it would be absolutely smaller, and the final nail in the coffin. Meanwhile, the US, with its bloated military, is just itching for another war. It's out of control, and unlikely to change at this point. That's a big trend that is in motion that I think is going to stay in motion.
  • Europe is in particularly bad shape. The place is a fascist/socialist disaster.
  • It was possible for the average European to keep his head above water through tax evasion in the past, but now those governments have broken bank secrecy everywhere, and it will destroy a lot of capital.
  • The "nation-state" is a really stupid and dysfunctional idea, and I'm glad it's on its way out.
  • That said, even the US, which from a cultural point of view is as much of a country as any place in the world, should actually break up into at least five or six regions.
  • Canada should break up into at least five or six regions initially.
  • I don't think politically; politics is the problem, not the solution. I think that the ideal solution is for every individual to opt out of the current system. When they give a war, you don't come. When they give a tax, you don't pay. When they give an election, you don't vote. You even try not to use their currency and their banking system. T
  • he ideal thing is to let the system collapse under its own weight as opposed to starting a new political party and then continuing to act politically, which is to say to use force on other people.
  • Market risk is huge today, but political risk is even bigger. One indication of that was, when the banks in Cyprus went bust some months ago, the government essentially confiscated everybody's account above 100,000 euros, in what they called a "bail-in."
  • You need several options. It seems like people haven't learned anything from what happened in Russia in 1917, Germany in 1933, China in 1948, Cuba in 1959, or Vietnam in 1975. Rwanda, Cambodia, Yugoslavia, Zimbabwe, Ukraine, Syria ... there are lots of examples and these things can and will eventually happen almost everywhere. When the chimpanzees go crazy, you don't want to be where they are. You've got to have a Plan B. You've got to have a crib out of that political jurisdiction. Acting like a plant, and staying put, isn't a good survival strategy for a human.
  • Gary Edwards on 09 Jul 15
     
    "Doug Casey: I don't see a real recovery until they stop debasing the currency, radically cut government spending and taxation and eliminate most regulation. In other words, cease doing the things that caused this depression. And that's not going to happen until there's a collapse of the current order. Things have cyclically improved since the height of the crisis of 2008-09. The trillions of currency units created by the Federal Reserve have jammed the stock market higher and kept the big banks from going under. What surprises me is that retail prices have not moved as significantly as I would have expected. The reason, I believe, is that most of that money is still sitting in financial institutions. It has gone into cash out of fear, into stocks because they represent real wealth with earning power and into various speculative assets like artwork and collectible cars. Real estate has recovered somewhat, not because of strong fundamentals but strictly because of money creation. This isn't going to last because the way you get wealthy is by producing more than you consume and saving the difference - not by consuming more than you produce, and borrowing the difference. With the Fed keeping interest rates at artificially low levels, hoping to increase consumption, they're making it very foolish to save - when you get ½% or 1% on your savings. So people are saving less and they're borrowing more than they otherwise would. This is a formula for making things worse, not better. They are, idiotically, doing exactly the opposite of what they should be. Although, I hasten to add, I hate to pontificate on what the Fed "should" do. In point of fact, the Fed should be abolished; the market, not bureaucrats, should determine interest rates. We wouldn't be in this pickle to start with if the government wasn't involved in the economy. In fact, if it wasn't for the state, I suspect we'd all have a vastly higher standard of living, and would be colonizing the Moon, Mars and
Paul Merrell

UNSEALED: The US Sought Permission To Change The Historical Record Of A Public Court Pr... - 0 views

www.eff.org/...record-public-court-proceeding

surveillance state NSA-reform litigation Jewel

shared by Paul Merrell on 08 Aug 14 - No Cached
  • A few weeks ago we fought a battle for transparency in our flagship NSA spying case, Jewel v. NSA. But, ironically, we weren't able to tell you anything about it until now. On June 6, the court held a long hearing in Jewel in a crowded, open courtroom, widely covered by the press. We were even on the local TV news on two stations. At the end, the Judge ordered both sides to request a transcript since he ordered us to do additional briefing. But when it was over, the government secretly, and surprisingly sought permission to “remove” classified information from the transcript, and even indicated that it wanted to do so secretly, so the public could never even know that they had done so. We rightly considered this an outrageous request and vigorously opposed it. The public has a First Amendment right not only to attend the hearing but to have an accurate transcript of it. Moreover, the federal law governing court reporting requires that “each session of the court” be “recorded verbatim” and that the transcript be certified by the court reporter as “a correct statement of the testimony taken and the proceedings had.” 28 U.S.C. § 753(b).
  • The Court allowed the government a first look at the transcript and indicated that it was going to hold the government to a very high standard and would not allow the government to manufacture a misleading transcript by hiding the fact of any redactions. Ultimately, the government said that it had *not* revealed classified information at the hearing and removed its request. But the incident speaks volumes about the dangers of allowing the government free rein to claim secrecy in court proceedings and otherwise. We couldn't tell you anything about that fight because the government's request, our opposition to it, and the court's order regarding it were all sealed. But with today's order by Judge White, the transcript and the arguments over the government's request to revise it are finally public documents. Here's how the events transpired:
Paul Merrell

United States v. Curtiss-Wright Export Corp., 299 US 304 - Supreme Court 1936 - Google ... - 0 views

scholar.google.com/scholar_case

shared by Paul Merrell on 05 Feb 15 - No Cached
  • Not only, as we have shown, is the federal power over external affairs in origin and essential character different from that over internal affairs, but participation in the exercise of the power is significantly limited. In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it. As Marshall said in his great argument of March 7, 1800, in the House of Representatives, "The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations." Annals, 6th Cong., col. 613. The Senate Committee on Foreign Relations at a very early day in our history (February 15, 1816), reported to the Senate, among other things, as follows: "The President is the constitutional representative of the United States with regard to foreign nations. He manages our concerns with foreign nations and must necessarily be most competent to determine when, how, and upon what subjects negotiation may be urged with the greatest prospect of success. For his conduct he is responsible to the Constitution. The committee consider this responsibility the surest pledge for the faithful discharge of his duty. They think the interference of the Senate in the direction of foreign negotiations calculated to diminish that responsibility and thereby to impair the best security for the national safety. The nature of transactions with foreign nations, moreover, requires caution and unity of design, and their success frequently depends on secrecy and dispatch." U.S. Senate, Reports, Committee on Foreign Relations, vol. 8, p. 24.
  • It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an 320*320 exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations — a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exercised in subordination to the applicable provisions of the Constitution. It is quite apparent that if, in the maintenance of our international relations, embarrassment — perhaps serious embarrassment — is to be avoided and success for our aims achieved, congressional legislation which is to be made effective through negotiation and inquiry within the international field must often accord to the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved.
  • Paul Merrell on 05 Feb 15
     
    It turns out there are legal problems with Speaker Boehner's invitation for Israeli Prime Minister Netanyahu to address a joint session of Congress in order to undermine the Administration's negotiations with Iran over its nuclear energy development. In addition to the quoted Supreme Court decision see 18 U.S. Code § 953,  http://www.law.cornell.edu/uscode/text/18/953 "Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both." "This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects."
Paul Merrell

Espionage Act Case Was "Overcharged," Defense Says | Federation Of American Scientists - 0 views

fas.org/...esp-act-overcharged

war & peace Espionage-Act over-charging

shared by Paul Merrell on 30 Jun 14 - No Cached
  • In 2012, former Navy linguist James F. Hitselberger was indicted on two felony counts under the Espionage Act statutes after several classified documents were found in his possession. In 2013, a superseding indictment charged him with another four felony counts. But in the end, Mr. Hitselberger pleaded guilty this year to a single misdemeanor charge of removing classified documents without authorization. Now both the defense and the prosecution are endorsing Hitselberger’s request that any jail penalty be limited to the time he has already served, including two months in DC jail and eight months of home confinement. The sentencing hearing is scheduled for July 17. Despite the stark disparity between the multiple felony counts with which Hitselberger was charged, and the single misdemeanor of which he was convicted, the prosecution said that it had no second thoughts about the way the matter was handled.
  • “It is important to note that the government’s case against Mr. Hitselberger did not collapse,” prosecutors said in a June 27 sentencing memorandum. To the contrary, prosecutors wrote, “in several ways, the government’s case became stronger than what it had been when the charges were first obtained.” Defense attorneys disputed that assertion and said the government had overreached. “At a minimum, the evidence demonstrates that the government significantly overcharged the case, and the guilty plea to a misdemeanor not only was the appropriate result, but also demonstrates how the offense should have been charged from the beginning,” the defense wrote in a June 27 reply. The mountain of Espionage Act charges that yielded a molehill of a misdemeanor in this case recalls a similar progression in the prosecution of former NSA official Thomas Drake, where ten felony counts gave way to a technical misdemeanor. This recurring pattern may indicate that overcharging is a standard prosecutorial approach to such cases, or that the judicial process is effectively winnowing out excessive felony charges, or perhaps both.
  • A June 26 sentencing memorandum submitted by the defense presented its own account of the facts of the case, along with several moving testimonials from Hitselberger’s friends and relatives as to his character. In another pending Espionage Act case, the Obama Administration must decide if it will pursue a subpoena against New York Times reporter James Risen. For a current update, see Reporter’s Case Poses Dilemma for Justice Dept. by Jonathan Mahler, New York Times, June 27.
  • Paul Merrell on 30 Jun 14
     
    Charged with 6 Espionage Act felonies, plea-bargained down to a single misdemeanor and recommended sentence of time served. Reading the linked court documents, it was a case that should have resulted in a verbal reprimand by the military commander. 
Paul Merrell

Glenn Greenwald  "The Goal Of The U.S. Government Is To Eliminate ALL Privacy... - 0 views

www.informationclearinghouse.info/article37002.htm

surveillance state Greenwald BBC

shared by Paul Merrell on 29 Nov 13 - No Cached
  • When Edward Snowden leaked American intelligence secrets the whole world became aware of the extent of US-UK surveillance of global phone and internet traffic. Have the revelations flagged up a corrosive infringement of individual liberty, or undermined efforts to protect the world from terrorism? Hardtalk speaks to journalist, Glenn Greenwald - the man who broke the Snowden story. His mission, he says, is to hold power to account. Is this a journalistic crusade that's gone too far?
  • Paul Merrell on 29 Nov 13
     
    The latest hilarious chapter in the ongoing saga of BBC commentators trying to best Glenn Greenwald in an interview. This time with a stuffed-shirt, pompous type who does an exceedingly poor job of concealing that his is the voice of GCHQ. How many documents do you have? Who else has them? How are they protected? Don't you think that you should give them back to NSA? What makes you think you are qualified to make decisions about what to publish? Haven't you endangered the security of millions of people with your sensational, advocacy journalism. Don't you know that Bob Woodward has severely criticized the way you have handled this?   Greenwald, of course, makes mincemeat of the latest BBC talking head to tackle him without knowing the subject matter and always turns the questions back onto the real story: that government agencies have created an Orwellian surveillance state, that goverrnent can't be trusted to operate in secrecy. Greenwald so thoroughly danced on the fellow's brain that he probably missed that Greenwald had not only demonstrated that the guy was a government stooge but then told him flat out that he was.   When the guy tried the old shouting match trick, Greenwald calmly informed him that if he wanted to filibuster that Greenwald would hang up and let him filibuster to his heart's content but that if he wanted to conduct an interview he would darned well allow Greenwald to answer the questions before changing the subject. All in all, a masterful performance by a U.S. constitutional lawyer, uncowed by the interviewer's highbrow received pronunciation. See http://en.wikipedia.org/wiki/Received_Pronunciation This reminded me of federal District Court Judge Owen Panner's First Law of Trial Conduct: Never try to cross-examine an expert. In my time I've met a very few lawyers capable of doing so but it takes an incredible amount of research and consultation with another expert or five, and the setting of meticulous traps. Glenn Greenwald's latest B
Paul Merrell

Cash, Weapons and Surveillance: the U.S. is a Key Party to Every Israeli Attack - The I... - 0 views

firstlook.org/...cash-weapons-surveillance

surveillance state NSA Israel Unit-8200 collaboration must-read

shared by Paul Merrell on 05 Aug 14 - No Cached
  • The U.S. government has long lavished overwhelming aid on Israel, providing cash, weapons and surveillance technology that play a crucial role in Israel’s attacks on its neighbors. But top secret documents provided by NSA whistleblower Edward Snowden shed substantial new light on how the U.S. and its partners directly enable Israel’s military assaults – such as the one on Gaza. Over the last decade, the NSA has significantly increased the surveillance assistance it provides to its Israeli counterpart, the Israeli SIGINT National Unit (ISNU; also known as Unit 8200), including data used to monitor and target Palestinians. In many cases, the NSA and ISNU work cooperatively with the British and Canadian spy agencies, the GCHQ and CSEC. The relationship has, on at least one occasion, entailed the covert payment of a large amount of cash to Israeli operatives. Beyond their own surveillance programs, the American and British surveillance agencies rely on U.S.-supported Arab regimes, including the Jordanian monarchy and even the Palestinian Authority Security Forces, to provide vital spying services regarding Palestinian targets.
  • The new documents underscore the indispensable, direct involvement of the U.S. government and its key allies in Israeli aggression against its neighbors. That covert support is squarely at odds with the posture of helpless detachment typically adopted by Obama officials and their supporters.
  • Each time Israel attacks Gaza and massacres its trapped civilian population – at the end of 2008, in the fall of 2012, and now again this past month – the same process repeats itself in both U.S. media and government circles: the U.S. government feeds Israel the weapons it uses and steadfastly defends its aggression both publicly and at the U.N.; the U.S. Congress unanimously enacts one resolution after the next to support and enable Israel; and then American media figures pretend that the Israeli attack has nothing to do with their country, that it’s just some sort of unfortunately intractable, distant conflict between two equally intransigent foreign parties in response to which all decent Americans helplessly throw up their hands as though they bear no responsibility.
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  • “The United States has been trying to broker peace in the Middle East for the past 20 years,” wrote the liberal commentator Kevin Drum in Mother Jones, last Tuesday. The following day, CNN reported that the Obama administration ”agreed to Israel’s request to resupply it with several types of ammunition … Among the items being bought are 120mm mortar rounds and 40mm ammunition for grenade launchers.” The new Snowden documents illustrate a crucial fact: Israeli aggression would be impossible without the constant, lavish support and protection of the U.S. government, which is anything but a neutral, peace-brokering party in these attacks. And the relationship between the NSA and its partners on the one hand, and the Israeli spying agency on the other, is at the center of that enabling.
  • Paul Merrell on 05 Aug 14
     
    Glenn Greenwald uses Edward Snowden documents to lift the blanket of secrecy off the U.S. Dark State's carnal relationship with the Israeli apartheid government's War on Arabs, and no real surprise here, the Palestinian Authority's role as a key provider of intelligence to both Israel and the U.S. 
Gary Edwards

Welcome to Post-Constitution America - Peter Van Buren - 0 views

www.filmsforaction.org/...me_to_postconstitution_america

NSA-Patriot-Act-NDAA NSA-Whistleblower post-Constitutional-America Peter-Van-Buren

shared by Gary Edwards on 11 Aug 13 - No Cached
  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
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  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • “What constitutes due process in this case is a due process in war.”
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
  • Gary Edwards on 11 Aug 13
     
    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
Paul Merrell

NSA phone surveillance program likely unconstitutional, federal judge rules | World new... - 0 views

www.theguardian.com/...-likely-unconstitutional-judge

surveillance state NSA call-metadata litigation 4th Amendment constitutional law NSA-blowback

shared by Paul Merrell on 17 Dec 13 - No Cached
  • A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden. Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was "almost Orwellian" in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be "aghast" at the scope of the agency’s collection of Americans' communications data. The ruling, by the US district court for the District of Columbia, is a blow to the Obama administration, and sets up a legal battle that will drag on for months, almost certainly destined to end up in the supreme court. It was welcomed by campaigners pressing to rein in the NSA, and by Snowden, who issued a rare public statement saying it had vindicated his disclosures. It is also likely to influence other legal challenges to the NSA, currently working their way through federal courts.
  • In Monday’s ruling, the judge concluded that the pair's constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, Leon put the ruling on hold, pending an appeal by the government. Leon expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” he wrote.
  • Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional. “Plaintiffs have a substantial likelihood of showing that their privacy interests outweigh the government’s interest in collecting and analysing bulk telephony metadata and therefore the NSA’s bulk collection program is indeed an unreasonable search under the fourth amendment,” he wrote. Leon said that the mass collection of phone metadata, revealed by the Guardian in June, was "indiscriminatory" and "arbitrary" in its scope. "The almost-Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived in 1979," he wrote, referring to the year in which the US supreme court ruled on a fourth amendment case upon which the NSA now relies to justify the bulk records program.
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  • In a statement, Snowden said the ruling justified his disclosures. “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts," he said in comments released through Glenn Greenwald, the former Guardian journalist who received leaked documents from Snowden. "Today, a secret program authorised by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
  • In his ruling, Judge Leon expressly rejected the government’s claim that the 1979 supreme court case, Smith v Maryland, which the NSA and the Obama administration often cite to argue that there is no reasonable expectation of privacy over metadata, applies in the NSA’s bulk-metadata collection. The mass surveillance program differs so much from the one-time request dealt with by the 1979 case that it was of “little value” in assessing whether the metadata dragnet constitutes a fourth amendment search.
  • In a decision likely to influence other federal courts hearing similar arguments from the ACLU, Leon wrote that the Guardian’s disclosure of the NSA’s bulk telephone records collection means that citizens now have standing to challenge it in court, since they can demonstrate for the first time that the government is collecting their phone data.
  • Leon also struck a blow for judicial review of government surveillance practices even when Congress explicitly restricts the ability of citizens to sue for relief. “While Congress has great latitude to create statutory schemes like Fisa,” he wrote, referring to the seminal 1978 surveillance law, “it may not hang a cloak of secrecy over the constitution.”
  • In his ruling on Monday, Judge Leon predicted the process would take six months. He urged the government to take that time to prepare for an eventual defeat. “I fully expect that during the appellate process, which will consume at least the next six months, the government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld,” wrote Leon in his opinion. “Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.”
  • Paul Merrell on 17 Dec 13
     
    This is the case I thought was the weakest because of poor drafting in the complaint. The judge noted those issues in dismissing the plaintiffs' claims under the Administrative Procedures Act, but picked his way through what remained to find sufficient allegations to support the 4th Amendment challenge. Because he ruled for the plaintiffs on the 4th Amendment count, the judge did not reach the plaintiffs' arguments under the First and Fifth Amendments. This case is about cellphone call metadata, which the FISA Court has been ordering cell phone companies to provide every day, with the orders updated every 90 days. The judge's 68-page opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40 (cleaner copy than the Guardian's, which was apparently faxed). Notably, the judge, Richard Leon, is a Bush II appointee and one of the plaintiffs is a prominent conservative civil libertarian lawyer. The other plaintiff is the father of an NSA cryptologist who worked closely with SEAL Team 6 and was killed along with members of that team when their helicopter crashed in Afghanistan. I'll add some more in a comment. But digital privacy is not yet dead.
  • Paul Merrell on 17 Dec 13
     
    Unfortunately, DRM is not dead yet either and the court's PDF file is locked. No easy copying of its content. If you want to jump directly to the discussion of 4th Amendment issues, go to page 35. That way, you can skip past all the dreary discussion of the Administrative Procedures Act claim and you won't miss much that's memorable. In ruling on the plaintiffs' standing to raise the 4th Amendment claim, Judge Leon postulated two possible search issues: [i] the bulk daily collection of metadata and its retention in the database for five years; and [ii] the analysis of that data through the NSA's querying process. The judge had no difficulty with the first issue; it definitely qualifies as a search. But the judge rejected the plaintiffs' argument on the second type (which was lame), demonstrating that at least one federal judge understands how computers work. The government's filings indicated that a "seed" telephone number or other identifier is used as the query string. Judge Leon figured out for himself from this fact that the NSA of necessity had to compare that number or identifier to every number or identifier in its database looking for a match. The judge concluded that the plaintiffs' metadata --- indeed everyone's metadata --- had to be searched for comparison purposes *every* time the NSA analysts ran any query against the database. See his incisive discussion at pp. 39-41. So having established that two searches were involved, one every time the NSA queried the database, the judge moved on to the next question, whether "the plaintiffs had a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains that metadata for five years, and then queries, analyzes, and investigates that data without prior judicial approval of the investigative targets." pg. 43. More later
Paul Merrell

NSA Whistleblower: Snowden Never Had Access to the "Juiciest" Intelligence Documents | ... - 0 views

www.globalresearch.ca/...5386231

surveillance state NSA Snowden-documents NSA-domestic-surveillance Tice must-read

shared by Paul Merrell on 11 Jun 14 - No Cached
  • NSA whistleblower Russel Tice was a key source in the 2005 New York Times report that blew the lid off the Bush administration’s use of warrantless wiretapping. Tice told PBS and other media that the NSA is spying on – and blackmailing – top government officials and military officers, including Supreme Court Justices, highly-ranked generals, Colin Powell and other State Department personnel, and many other top officials:
  • He says the NSA started spying on President Obama when he was a candidate for Senate:
  • Many of Tice’s allegations have been confirmed by other government whistleblowers. And see this. Washington’s Blog called Tice to find out more about what he saw when he was at NSA.
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  • NSA Has Hidden Its Most Radical Surveillance Operations … Even from People Like Snowden Who Had General “Code Word” Clearance WASHINGTON’S BLOG: Glenn Greenwald – supposedly, in the next couple of days or weeks – is going to disclose, based on NSA documents leaked by Snowden, that the NSA is spying on all sorts of normal Americans … and that the spying is really to crush dissent.  [Background here, here and here.] Does Snowden even have documents which contain the information which you’ve seen? RUSSELL TICE:  The answer is no. WASHINGTON’S BLOG: So you saw handwritten notes. And what Snowden was seeing were electronic files …?
  • RUSSELL TICE: Think of it this way.  Remember I told you about the NSA doing everything they could to make sure that the information from 40 years ago – from spying on Frank Church and Lord knows how many other Congressman that they were spying on – was hidden? Now do you think they’re going to put that information into Powerpoint slides that are easy to explain to everybody what they’re doing? They would not even put their own NSA designators on the reports [so that no one would know that] it came from the NSA.  They made the reports look like they were Humint (human intelligence) reports.  They did it to hide the fact that they were NSA and they were doing the collection. That’s 40 years ago.  [The NSA and other agencies are still doing "parallel construction", "laundering" information to hide the fact that the information is actually from mass NSA surveillance.] Now, what NSA is doing right now is that they’re taking the information and they’re putting it in a much higher security level.  It’s called “ECI” - Exceptionally Controlled Information  – and it’s called the black program … which I was a specialist in, by the way. I specialized in black world – DOD and IC (Intelligence Community) – programs, operations and missions … in “VRKs”, “ECIs”, and “SAPs”, “STOs”. SAP equals Special Access Program. It’s highly unlikely Mr. Snowden had any access to these. STO equals Special Technical Operations  It’s highly unlikely Mr. Snowden had any access to these.
  • Now in that world – the ECI/VRK world – everything in that system is classified at a higher level and it has its own computer systems that house it.  It’s totally separate than the system which Mr. Snowden was privy to, which was called the “JWICS”: Joint Worldwide Intelligence Communications System.  The JWICS system is what everybody at NSA has access to.  Mr Snowden had Sys Admin [systems administrator] authority for the JWICS. And you still have to have TS/SCI clearance [i.e. Top Secret/ Sensitive Compartmented Information - also known as “code word” - clearance] to get on the JWICS. But the ECI/VRK systems are much higher [levels of special compartmentalized clearance] than the JWICS. And you have to be in the black world to get that [clearance]. ECI = Exceptionally Controlled Information. I do not believe Mr. Snowden had any access to these ECI controlled networks). VRK = Very Restricted Knowledge. I do not believe Mr. Snowden had any access to these VRK controlled networks. These programs typically have, at the least, a requirement of 100 year or until death, ’till the person first being “read in” [i.e. sworn to secrecy as part of access to the higher classification program] can talk about them.  [As an interesting sidenote, the Washington Times reported in 2006 that – when Tice offered to testify to Congress about this illegal spying – he was informed by the NSA that the Senate and House intelligence committees were not cleared to hear such information.]
  • It’s very compartmentalized and – even with stuff that they had – you might have something at NSA, that there’s literally 40 people at NSA that know that it’s going on in the entire agency. When the stuff came out in the New York Times [the first big spying story, which broke in 2005] – and I was a source of information for the New York Times –   that’s when President Bush made up that nonsense about the “terrorist surveillance program.” By the way, that never existed. That was made up. There was no such thing beforehand. It was made up … to try to placate the American people. The NSA IG (Inspector General) – who was not cleared for this – all of a sudden is told he has to do an investigation on this; something he has no information or knowledge of. So what they did, is they took a few documents and they downgraded [he classification level of the documents] – just a few – and gave them to them to placate this basic whitewash investigation.
  • Snowden’s Failure To Understand the Most Important Documents RUSSELL TICE: Now, if Mr. Snowden were to find the crossover, it would be those documents that were downgraded to the NSA’s IG. The stuff that I saw looked like a bunch of alphanumeric gobbledygook.  Unless you have an analyst to know what to look for – and believe me, I think that what Snowden’s done is great – he’s not an intelligence analyst.  So he would see something like that, and he wouldn’t know what he’s looking at. But that would be “the jewels”. And the key is, you wouldn’t know it’s the jewels unless you were a diamond miner and you knew what to look for. Because otherwise, there’s a big lump of rock and you don’t know there’s a diamond in there. I worked special programs. And the way I found out is that I was working on a special operation, and I needed information from NSA … from another unit. And when I went to that unit and I said “I need this information”, and I dealt with [satellite spy operations], and I did that in the black world. I was a special operations officer. I would literally go do special missions that were in the black world where I would travel overseas and do spooky stuff.
  • Cheney Was Running the Show WASHINGTON’S BLOG: You said in one of your interviews that Dick Cheney ordered the intercepts that you found in the burn bags [the bags of documents which were slated to be destroyed because they were so sensitive]. Is that right … and if so, how do you know that? RUSSELL TICE: I did not know one way or the other until I talked to a very senior person at NSA who – much later – wanted to have a meeting with me. And we had a covert, clandestine style meeting. And that’s when this individual told me that the whole thing was being directed and was coming from the vice president’s office … Cheney, through his lawyer David Addington. WASHINGTON’S BLOG:  It sounds like it wasn’t going through normal routes?  It’s not like Cheney or Addington made formal requests to the NSA … through normal means? RUSSELL TICE: No, not normal at all. All on the sly … all “sneaky pete” under the table, in the evening when most NSA employees are gone for the day. This is all being done in the evenings … between like 7 [at night] and midnight.
  • NSA Is Spying On CONTENT as Well as Metadata WASHINGTON’S BLOG: And from what you and others have said, it’s content as well as metadata? RUSSELL TICE: Of course it is. Of course. [Background. But see this.] NSA Spying On Journalists, Congress, Admirals, Lawyers … RUSSELL TICE: In 2009, I told [reporters] that they were going after journalists and news organizations and reporters and such. I never read text of Congressman’s conversations. What I had was information – sometimes hand-written – of phone numbers of Congressmen, their wives, their children, their staffers, their home numbers, their cellphone numbers, their phone numbers of their residence back in Oregon or whatever state they’re from, and their little offices back in their state. Or an Admiral and his wife, and his kids and his staffers …
  • The main thing I saw more than anything else were lawyers and law firms. I saw more lawyers or law firms being wiretapped than anything else. These are the phone numbers I saw written. And then I would see those numbers incorporated into those lists with the columns of information about the phone number, and the serial number and the banks of recorders and digital converters and the data storage devices. I could see handwritten phone numbers and notes, sometimes with names, sometimes not.
  • Paul Merrell on 11 Jun 14
     
    Whistleblower Russell Tice says that there are super-classified domestic surveillance records that Edward Snowden, Congressional oversight committees, and the NSA Inspector-General did not have access to. Must-read.
Paul Merrell

Why Does Anyone Trust the National-Security State? - Conor Friedersdorf - The Atlantic - 0 views

www.theatlantic.com/...281429

surveillance state secrecy-do-we-need-it? government secrecy oversight

shared by Paul Merrell on 17 Nov 13 - No Cached
  • The ongoing debate about the national-security state's conduct drills down, for many participants, to this question: How much do you trust the people in charge? Do you believe they'll reliably uphold the laws and norms of a free society? Or do you think that, permitted enough secrecy, they'll break U.S. laws and violate rights? For me, it isn't a close call. The United States needs protection from the people protecting it, always has, and always will. The character of the president isn't the issue. Neither are the individuals running the FBI, CIA, NSA, JSOC, or the Department of Homeland Security. It wouldn't matter if the national-security state was staffed from top to bottom with people I could hand select based on my esteem for their character. Letting them operate in secret would still be dangerous.
  • That conclusion isn't something I've derived in the abstract from political philosophy. The best reason to mistrust the national-security state is its track record. Abuses at the FBI, CIA, and NSA go back a long way, as any student of the J. Edgar Hoover era or the Church Committee report can attest in shocking detail. There's no reason to think that generation was more prone to misbehave than ours. But one needn't look to past generations to find good reasons for mistrust. The War on Terrorism is full of them.
  • Paul Merrell on 17 Nov 13
     
    Excellent essay on why the national security folk deserve no trust.
Paul Merrell

FOIA Reform Legislation, and More from CRS - 0 views

fas.org/...foia-reform-crs

U.S. government transparency FOIA-amendments legislation

shared by Paul Merrell on 05 Mar 15 - No Cached
  • Two companion bills pending in the House and Senate would amend the Freedom of Information Act “for the purpose of increasing public access,” a new analysis of the legislation from the Congressional Research Service explains. Among other things, “both the House and Senate legislation would establish a statutory ‘presumption of openness,’ whereby information may only be withheld if it harms an interest protected by a statutory exemption or if disclosure is prohibited by law.” While both bills “address a number similar topics, often in similar ways, there are substantive differences between them.” The similarities and the differences in the pending bills are summarized in the new CRS report. See Freedom of Information Act Legislation in the 114th Congress: Issue Summary and Side-by-Side Analysis, February 26, 2015.
Paul Merrell

Let's check James Comey's Bush years record before he becomes FBI director | Laura Murp... - 0 views

www.guardian.co.uk/...omey-fbi-director-bush-history

surveillance state war & peace Obama Comey FBI confirmation-hearing torture indefinite detention

shared by Paul Merrell on 23 Jun 13 - No Cached
  • Comey is lionised in DC for one challenge over liberties. Yet he backed waterboarding, wire-tapping and indefinite detention
  • It had the air of Hollywood. On the night of 10 March 2004, James Comey, the nominee to lead the FBI for the next ten years, rushed to the hospital bedside of his terribly ill boss, Attorney General John Ashcroft.There, he eventually confronted White House Chief of Staff Andrew Card and White House Counsel Alberto Gonzales, who were trying to get the pancreatitis-stricken Ashcroft to renew a still secret and illegal surveillance program on Americans' electronic communications. Neither Ashcroft nor Comey, then acting attorney general because of Ashcroft's condition, would reauthorize the program. When Gonzales authorized the program to go forward without a Justice Department certification, Comey threatened to resign, along with his staff and FBI Director Robert Mueller.The threats worked: President Bush blinked, and Comey won modifications to the secret surveillance program that he felt brought it into compliance with the law. This event, now the stuff of DC legend, has solidified Comey's reputation as a "civil liberties superhero", in the words of CNN's Jake Tapper, and may be one of the reasons President Obama nominated him Friday to be the next director of the FBI.
  • There's one very big problem with describing Comey as some sort of civil libertarian: some facts suggest otherwise. While Comey deserves credit for stopping an illegal spying program in dramatic fashion, he also approved or defended some of the worst abuses of the Bush administration during his time as deputy attorney general. Those included torture, warrantless wiretapping, and indefinite detention.On 30 December 2004, a memo addressed to James Comey was issued that superseded the infamous memo that defined torture as pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure". The memo to Comey seemed to renounce torture but did nothing of the sort. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo did not change the authorizations of interrogation tactics in any earlier memos.In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture – all violations of domestic and international law.
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  • Then, there's warrantless wiretapping. Many media reports describe that Comey's defiant stand at Ashcroft's bedside was in opposition to the warrantless wiretapping of Americans international communications. But we simply do not know exactly what Comey opposed, or why or what reforms he believed brought the secret program within the rule of law. We do, however, know that Comey was read into the program in January 2004.While, to his credit, he immediately began raising concerns, the program was still in existence when the New York Times exposed it in December 2005. This was a year and a half after Comey's hospital showdown with Gonzales and Card. In fact, the warrantless wiretapping program was supported by a May 2004 legal opinion (pdf) produced by the Justice Department's Office of Legal Counsel and signed off by Comey, which replaced the 2001 legal opinion Comey had problems with.This, of course, raises the question: just what illegal surveillance program did Comey oppose so much he would resign over it? Last weekend, the Washington Post provided a new theory: the Marina program, which collects internet metadata. Now, the Senate has an opportunity to end the theorizing and find out what exactly Comey objected to. It's a line of questioning that senators should focus doggedly on, in light of the recent revelations in the Post and the Guardian.
  • The final stain on Comey's record was his full-throated defense of the indefinite military detention of an American citizen arrested on American soil. In a June 2004 press conference, Comey told of Jose Padilla, an alleged al-Qaida member accused of plotting to detonate a dirty bomb as well as blow up apartment buildings in an American city. By working for al-Qaida, Padilla, Comey argued, could be deprived of a lawyer and indefinitely detained as an enemy combatant on a military brig off the South Carolina coast for the purpose of extracting intelligence out of him. It turned out that Padilla was never charged with the list of crimes and criminal associations pinned on him by Comey that day. When Padilla was finally convicted – in a federal court – in August 2007, it wasn't for plotting dirty bomb attacks or blowing up apartment buildings. Rather, he was convicted of material support of terrorism overseas. During his indefinite military detention, Padilla was tortured.
  • Everyone has a backstory, and the confirmation process should ensure the American public hears all relevant background information, both good and bad, when Comey appears before the Senate. Senators should insist that Comey explain his role during the Bush era and repudiate policies he endorsed on torture, indefinite detention, and illegal surveillance.The new FBI director will be around for the next decade. We need one who will respect the constitution and the rule of law; not one who will use discredited and illegal activities in the name of justice and safety.
  • Paul Merrell on 23 Jun 13
     
    Comey's not right for the FBI directorship this time around. The nation needs an FBI Director and Comey's role in government surveillance, torture, warrantless wiretapping, extraordinary rendition, and indefinite detention of a U.S. citizen. That's too much to get sorted out any time soon given the government shroud of secrecy on those topics. 
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