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New York Police Department detectives and prosecutors working an alleged underage sexting case against former Congressman Anthony Weiner have turned over a newly-found laptop he shared with wife Huma Abedin to the FBI with enough evidence “to put Hillary (Clinton) and her crew away for life,” NYPD sources told True Pundit. NYPD sources said Clinton’s “crew” also included several unnamed yet implicated members of Congress in addition to her aides and insiders. The NYPD seized the computer from Weiner during a search warrant and detectives discovered a trove of over 500,000 emails to and from Hillary Clinton, Abedin and other insiders during her tenure as secretary of state. The content of those emails sparked the FBI to reopen its defunct email investigation into Clinton on Friday.

But new revelations on the contents of that laptop, according to law enforcement sources, implicate the Democratic presidential candidate, her subordinates, and even select elected officials in far more alleged serious crimes than mishandling classified and top secret emails, sources said. NYPD sources said these new emails include evidence linking Clinton herself and associates to: Money laundering Child exploitation Sex crimes with minors (children) Perjury Pay to play through Clinton Foundation Obstruction of justice Other felony crimes NYPD detectives and a NYPD Chief, the department’s highest rank under Commissioner, said openly that if the FBI and Justice Department fail to garner timely indictments against Clinton and co- conspirators, NYPD will go public with the damaging emails now in the hands of FBI Director James Comey and many FBI field offices. “What’s in the emails is staggering and as a father, it turned my stomach,” the NYPD Chief said. “There is not going to be any Houdini-like escape from what we found. We have copies of everything. We will ship them to Wikileaks or I will personally hold my own press conference if it comes to that.”

The NYPD Chief said once Comey saw the alarming contents of the emails he was forced to reopen a criminal probe against Clinton. “People are going to prison,” he said. Meanwhile, FBI sources said Abedin and Weiner were cooperating with federal agents, who have taken over the non-sexting portions the case from NYPD. The husband-and-wife Clinton insiders  are both shopping for separate immunity deals, sources said. “If they don’t cooperate they are going to see long sentences,” a federal law enforcement source said. NYPD sources said Weiner or Abedin stored all the emails in a massive Microsoft Outlook program on the laptop. The emails implicate other current and former members of Congress and one high-ranking Democratic Senator as having possibly engaged in criminal activity too, sources said. Prosecutors in the office of US Attorney Preet Bharara have issued a subpoena for Weiner’s cell phones and travel records, law enforcement sources confirmed. NYPD said it planned to order the same phone and travel records on Clinton and Abedin, however, the FBI said it was in the process of requesting the identical records. Law enforcement sources are particularly interested in cell phone activity and travel to the Bahamas, U.S. Virgin Islands and other locations that sources would not divulge.

37      It must be stated that the interference caused by Directive 2006/24 with the fundamental rights laid down in Articles 7 and 8 of the Charter is, as the Advocate General has also pointed out, in particular, in paragraphs 77 and 80 of his Opinion, wide-ranging, and it must be considered to be particularly serious. Furthermore, as the Advocate General has pointed out in paragraphs 52 and 72 of his Opinion, the fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the minds of the persons concerned the feeling that their private lives are the subject of constant surveillance.

43      In this respect, it is apparent from recital 7 in the preamble to Directive 2006/24 that, because of the significant growth in the possibilities afforded by electronic communications, the Justice and Home Affairs Council of 19 December 2002 concluded that data relating to the use of electronic communications are particularly important and therefore a valuable tool in the prevention of offences and the fight against crime, in particular organised crime. 44      It must therefore be held that the retention of data for the purpose of allowing the competent national authorities to have possible access to those data, as required by Directive 2006/24, genuinely satisfies an objective of general interest.45      In those circumstances, it is necessary to verify the proportionality of the interference found to exist.46      In that regard, according to the settled case-law of the Court, the principle of proportionality requires that acts of the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not exceed the limits of what is appropriate and necessary in order to achieve those objectives (see, to that effect, Case C‑343/09 Afton Chemical EU:C:2010:419, paragraph 45; Volker und Markus Schecke and Eifert EU:C:2010:662, paragraph 74; Cases C‑581/10 and C‑629/10 Nelson and Others EU:C:2012:657, paragraph 71; Case C‑283/11 Sky Österreich EU:C:2013:28, paragraph 50; and Case C‑101/12 Schaible EU:C:2013:661, paragraph 29).

67      Article 7 of Directive 2006/24, read in conjunction with Article 4(1) of Directive 2002/58 and the second subparagraph of Article 17(1) of Directive 95/46, does not ensure that a particularly high level of protection and security is applied by those providers by means of technical and organisational measures, but permits those providers in particular to have regard to economic considerations when determining the level of security which they apply, as regards the costs of implementing security measures. In particular, Directive 2006/24 does not ensure the irreversible destruction of the data at the end of the data retention period.68      In the second place, it should be added that that directive does not require the data in question to be retained within the European Union, with the result that it cannot be held that the control, explicitly required by Article 8(3) of the Charter, by an independent authority of compliance with the requirements of protection and security, as referred to in the two previous paragraphs, is fully ensured. Such a control, carried out on the basis of EU law, is an essential component of the protection of individuals with regard to the processing of personal data (see, to that effect, Case C‑614/10 Commission v Austria EU:C:2012:631, paragraph 37).69      Having regard to all the foregoing considerations, it must be held that, by adopting Directive 2006/24, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8 and 52(1) of the Charter.

Americans murdered the first elected prime minister of Pakistan through the Afghan government, declassified documents of US State Department disclosed. Like a number of other high-profile killings, the assassination of Liaquat Ali Khan, has also remained a mystery. Conspiracy theories abound, yet are difficult to substantiate. It was revealed in the documents declassified a few years ago that two people killed the murderer of Liaquat Ali Khan at the spot while crowd also massacred the two persons in order to leave no sign of the conspiracy. According to the documents, the United States wanted to get contracts of oil resources in Iran. Pakistan and Iran enjoyed cordial ties and Afghanistan used to be an enemy of Pakistan during 1950-51. The neighbouring Afghanistan was the only country that did not accept Pakistan at that time. The US demanded Pakistan use its influence in Tehran and persuade it to transfer control of its oil fields to the US. Liaquat Ali Khan declined to accede to the request, saying he would not use his friendship for dishonest purposes and not interfere in personal affairs of Iran.

On which, then US President Harry Truman had threatened to Liaquat Ali Khan. Not only that, Liaquat Ali Khan also demanded that the US vacate air bases in Pakistan, dropping a bombshell on Americans. Following the development, American started search of murderer for assassinating Khan. They did not find a suitable person in Pakistan and then turned to Afghanistan for this purpose, according to the documents. Washington contacted the US Embassy in Kabul, offering Zahir Shah to search an assassin for Khan and in return they will ensure Pashtoonistan’s freedom. Afghan government had found a man, Syed Akbar, to take the job and also made arrangements for him to be killed immediately after, so as to conceal the conspiracy. All three stayed at a local hotel in Rawalpindi one day before the meeting of party in Company Bagh. Akbar fired at Khan when he started his speech at dais and he fell on the stage, saying “Allah help Pakistan”. The cartridges recovered from Khan’s body were US made. The type of bullets used to kill the Pakistani prime minister was in use by high-ranking American officers and were not usually available in the market.

Some people claimed that Governor General Ghulam Muhammad was behind Khan’s murder while some blamed Mushtaq Ahmed Gormani. Different committees and commission were constituted but failed to conclude any results. After a span of over 60 years, the US State Department have disclosed all the secrets and a video of Dr Shabir about disclosures also appeared in which he gave reaction over the declassified documents. When Online contacted Muazzam Ali Khan, the grandson of Liaquat Ali Khan, he said they are aware about the report and it is true. He also said they also have supporting documents in this regard.

The State Department has yet to turn over any documents from the secret email accounts of Hillary Clinton and other top State Department officials. “These documents are jaw-dropping. No wonder we had to file more FOIA lawsuits and wait over two years for them.  If the American people had known the truth – that Barack Obama, Hillary Clinton and other top administration officials knew that the Benghazi attack was an al-Qaeda terrorist attack from the get-go – and yet lied and covered this fact up – Mitt Romney might very well be president. And why would the Obama administration continue to support the Muslim Brotherhood even after it knew it was tied to the Benghazi terrorist attack and to al Qaeda? These documents also point to connection between the collapse in Libya and the ISIS war – and confirm that the U.S. knew remarkable details about the transfer of arms from Benghazi to Syrian jihadists,” stated Tom Fitton, Judicial Watch president.  “These documents show that the Benghazi cover-up has continued for years and is only unraveling through our independent lawsuits. The Benghazi scandal just got a whole lot worse for Barack Obama and Hillary Clinton.”

The United States House of Representatives has fast-tracked a bill regarding a free trade agreement between the US and Europe which would include a section barring EU countries from any form of commercial boycott against Israel and Israeli goods.

According to the PNN, Israel’s Ynetnews indicated that two versions of the law had been presented to the House of Representatives and the Senate, clarifying that both versions included the section obligating EU countries to refrain from the boycott of Israeli products. This section states that any affiliation and cooperation with the Boycott, Divestment and Sanctions (BDS) movement on the part of EU countries is in violation of the “principle of non-discrimination’ statute in the General Agreement on Tariffs and Trade (GATT). According to Ynetnews, the second law did not pass at this stage due to disputes with respect to compensation for businesses in Europe. There was also severe opposition from Obama’s own Democrats, but it is expected that an agreement will be reached between the House of Representatives and the Senate during the coming days. From the moment that an agreement is reached, a unified document will be presented to the American President, Barack Obama, for a review of the trade agreement as soon as possible. He will then sign the document and it will be put to the vote in the House of Representatives and the Senate.

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.

A veteran Washington D.C. investigative journalist says the Department of Homeland Security confiscated a stack of her confidential files during a raid of her home in August — leading her to fear that a number of her sources inside the federal government have now been exposed. In an interview with The Daily Caller, journalist Audrey Hudson revealed that the Department of Homeland Security and Maryland State Police were involved in a predawn raid of her Shady Side, Md. home on Aug. 6. Hudson is a former Washington Times reporter and current freelance reporter. A search warrant obtained by TheDC indicates that the August raid allowed law enforcement to search for firearms inside her home.

But without Hudson’s knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said. Outraged over the seizure, Hudson is now speaking out. She said no subpoena for the notes was presented during the raid and argues the confiscation was outside of the search warrant’s parameter. “They took my notes without my knowledge and without legal authority to do so,” Hudson said this week. “The search warrant they presented said nothing about walking out of here with a single sheet of paper.”

Makers of surveillance systems are offering governments across the world the ability to track the movements of almost anybody who carries a cellphone, whether they are blocks away or on another continent. The technology works by exploiting an essential fact of all cellular networks: They must keep detailed, up-to-the-minute records on the locations of their customers to deliver calls and other services to them. Surveillance systems are secretly collecting these records to map people’s travels over days, weeks or longer, according to company marketing documents and experts in surveillance technology.

The world’s most powerful intelligence services, such as the National Security Agency and Britain’s GCHQ, long have used cellphone data to track targets around the globe. But experts say these new systems allow less technically advanced governments to track people in any nation — including the United States — with relative ease and precision.

It is unclear which governments have acquired these tracking systems, but one industry official, speaking on the condition of anonymity to share sensitive trade information, said that dozens of countries have bought or leased such technology in recent years. This rapid spread underscores how the burgeoning, multibillion-dollar surveillance industry makes advanced spying technology available worldwide. “Any tin-pot dictator with enough money to buy the system could spy on people anywhere in the world,” said Eric King, deputy director of Privacy International, a London-based activist group that warns about the abuse of surveillance technology. “This is a huge problem.”

This week the Center for Media Justice, ColorOfChange.org, and New America’s Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network—and are doing so in a way that has a disproportionate impact on communities of color. Stingrays operate by mimicking a cell tower and directing all cellphones in a given area to route communications through the Stingray instead of the nearby tower. They are especially pernicious surveillance tools because they collect information on every single phone in a given area—not just the suspect’s phone—this means they allow the police to conduct indiscriminate, dragnet searches. They are also able to locate people inside traditionally-protected private spaces like homes, doctors’ offices, or places of worship. Stingrays can also be configured to capture the content of communications. Because Stingrays operate on the same spectrum as cellular networks but are not actually transmitting communications the way a cell tower would, they interfere with cell phone communications within as much as a 500 meter radius of the device (Baltimore’s devices may be limited to 200 meters). This means that any important phone call placed or text message sent within that radius may not get through. As the complaint notes, “[d]epending on the nature of an emergency, it may be urgently necessary for a caller to reach, for example, a parent or child, doctor, psychiatrist, school, hospital, poison control center, or suicide prevention hotline.” But these and even 911 calls could be blocked.

The Baltimore Police Department could be among the most prolific users of cell site simulator technology in the country. A Baltimore detective testified last year that the BPD used Stingrays 4,300 times between 2007 and 2015. Like other law enforcement agencies, Baltimore has used its devices for major and minor crimes—everything from trying to locate a man who had kidnapped two small children to trying to find another man who took his wife’s cellphone during an argument (and later returned it). According to logs obtained by USA Today, the Baltimore PD also used its Stingrays to locate witnesses, to investigate unarmed robberies, and for mysterious “other” purposes. And like other law enforcement agencies, the Baltimore PD has regularly withheld information about Stingrays from defense attorneys, judges, and the public. Moreover, according to the FCC complaint, the Baltimore PD’s use of Stingrays disproportionately impacts African American communities. Coming on the heels of a scathing Department of Justice report finding “BPD engages in a pattern or practice of conduct that violates the Constitution or federal law,” this may not be surprising, but it still should be shocking. The DOJ’s investigation found that BPD not only regularly makes unconstitutional stops and arrests and uses excessive force within African-American communities but also retaliates against people for constitutionally protected expression, and uses enforcement strategies that produce “severe and unjustified disparities in the rates of stops, searches and arrests of African Americans.”

Adding Stingrays to this mix means that these same communities are subject to more surveillance that chills speech and are less able to make 911 and other emergency calls than communities where the police aren’t regularly using Stingrays. A map included in the FCC complaint shows exactly how this is impacting Baltimore’s African-American communities. It plots hundreds of addresses where USA Today discovered BPD was using Stingrays over a map of Baltimore’s black population based on 2010 Census data included in the DOJ’s recent report:

Syrian, Russian and allied forces have suspended most of their military operations against insurgents in the remaining “rebel-held” area in eastern Aleppo to facilitate the evacuation of more civilians and to give insurgents an additional opportunity to decide whether they want to surrender of continue a lost battle. However, sporadic fighting continued.

The Russian Defense Ministry, on Saturday, noted that military operations against insurgents in eastern Aleppo had been suspended to facilitate the evacuation of non-combatant civilians. The pause in combat operations also gave insurgents an additional chance to lay down their arms. Insurgents had been given the choice to evacuate to other “rebel-held” areas. Syrian citizens were also given the opportunity to surrender to have their status settled, be granted an amnesty and to return to a normal life.

Russian Foreign Ministry spokesman Major General Igor Konashenkov stated that “More than 20,000 residents left eastern Aleppo in the first part of Saturday, and 1,217 militants laid down their weapons.” No details about the exact whereabouts of those who surrendered were provided. The evacuation was monitored by drones and webcams and broadcast life. Remaining insurgents are holding on to about ten percent of the area of Aleppo they controlled about three weeks ago. nsnbc could not independently verify that 20,000 have been evacuated, but an nsnbc correspondent located in Aleppo confirmed that “a substantial number of civilians were evacuated to relatively safe places such as makeshift evacuation centers in the Jebrin area. nsnbc’s correspondent noted that “the 20,000 mentioned in some State media reports appear strongly exaggerated and that the number of those who were evacuated on Saturday is closer to about 5,000 – 6,000 persons. Last week the International Committee of the Red Cross commented that some 30,000 civilians had fled eastern Aleppo to government-controlled areas. Russian officers in Aleppo are also coordinating aid efforts with the Red Cross, the Red Crescent and other internationally recognized aid organizations. Meanwhile, a statement issued by the Russian Reconciliation Center said the Russian mine disposal experts continue their work alongside the engineering members within the Syrian army to clear liberated areas in the eastern neighborhoods of Aleppo. The Center noted that mines have been removed in an area of 8 hectares, while explosive devices have also been removed from 24 buildings, bakery, two schools, two mosques, power stations and 4.5 km of roads. Syrian President Bashar al-Assad also said that the decision for taking all of Aleppo has been taken, adding that the army recapture of rebel-held areas in Aleppo will change the course of the battles in Syria. The Syrian government also strongly condemned the United States’ decision to legalize the increased transfer of weapons to “rebels” in Syria under the banner of fighting terrorism. It is noteworthy that the U.S. administration has not published any details about how exactly it wants to monitor whom exactly it transfers weapons to and which mechanisms it will put in place to assure that these weapons would be used in the “fight against terrorism”.

As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President, seeking a declaration that Congress has not authorized the hostilities in Iraq and Syria and that therefore the War Powers Resolution requires the President to remove U.S. forces from hostilities in those nations. On Tuesday, the Department of Justice filed a motion to dismiss the case. Its brief in support of the motion includes one argument that I think is correct (albeit not for all the reasons the government offers) — namely, that Smith lacks standing to sue. That ought to be sufficient to have the case dismissed. The brief also includes an argument on the merits (albeit not designated as such) that is very interesting and potentially important — an account of how Congress has allegedly authorized Inherent Resolve in three ways: (i) in the 2001 AUMF; (ii) in the 2002 AUMF; and (iii) in current appropriations statutes. The heart of the brief, however, is devoted to a third argument — that Judge Koller-Kotelly must dismiss the case on the basis of the political question doctrine — that is not only wrong, but that simply ignores the Supreme Court’s recent (and repeated) repudiation of that very argument.

On page 39 of its 45-page brief, the government finally gets around to the reason why the court should dismiss the complaint: Smith lacks standing. Importantly, Smith’s theory of standing is not that he — an Army captain deployed to perform intelligence services in Kuwait — is more likely to be injured or killed by virtue of the President’s decision to deploy troops into hostilities in Iraq and Syria. It is, instead, that the President’s alleged failure to comply with the War Powers Act results in Captain Smith’s own violation of his officer’s oath to “support and defend” the Constitution “against all enemies, foreign and domestic,” and to “bear true faith and allegiance” to the Constitution.

The government’s standing argument begins (p. 35) by suggesting that “[p]laintiff’s claim that he is being forced to betray his oath is insufficient to establish standing because the violation of an oath, by itself, is not an injury in fact.” The cases the government cites for that proposition, however, do not say that a forced oath violation would not be an injury in fact — and that’s not a question the judge needs to resolve. What the cases establish, instead, is the point the government finally argues at page 39 — namely, that a government officer does not violate his oath by complying with superiors’ orders, even if it turns out that the law prohibits the military operation in which those orders are issued. Indeed, Smith would not violate his oath of office even if his superiors’ orders themselves were unauthorized, or if the intelligence activities he is ordered to performed were unauthorized. But he does not allege even those things (as I discuss below, he does not, for instance, alleged that he is being ordered to do anything unlawful). Instead, he merely argues that because President Obama should have withdrawn troops from Syria and Iraq 60 days after their deployment, Smith himself is violating his oath to “bear true faith and allegiance to the Constitution.” This is a non sequitur: Even if Smith is right that the continuation of Operation Inherent Resolve is unlawful, that would not mean that he is acting in violation of his oath. (Much more on this in my earlier post.) And that simple fact is reason enough for Judge Koller-Kotelly to dismiss the case.

The National Security Agency has collected almost 200 million text messages a day from across the globe, using them to extract data including location, contact networks and credit card details, according to top-secret documents. The untargeted collection and storage of SMS messages – including their contacts – is revealed in a joint investigation between the Guardian and the UK’s Channel 4 News based on material provided by NSA whistleblower Edward Snowden. The documents also reveal the UK spy agency GCHQ has made use of the NSA database to search the metadata of “untargeted and unwarranted” communications belonging to people in the UK.

The NSA program, codenamed Dishfire, collects “pretty much everything it can”, according to GCHQ documents, rather than merely storing the communications of existing surveillance targets. The NSA has made extensive use of its vast text message database to extract information on people’s travel plans, contact books, financial transactions and more – including of individuals under no suspicion of illegal activity. An agency presentation from 2011 – subtitled “SMS Text Messages: A Goldmine to Exploit” – reveals the program collected an average of 194 million text messages a day in April of that year. In addition to storing the messages themselves, a further program known as “Prefer” conducted automated analysis on the untargeted communications.

The Prefer program uses automated text messages such as missed call alerts or texts sent with international roaming charges to extract information, which the agency describes as “content-derived metadata”, and explains that “such gems are not in current metadata stores and would enhance current analytics”. On average, each day the NSA was able to extract:

The National Security Agency has implanted software in nearly 100,000 computers around the world that allows the United States to conduct surveillance on those machines and can also create a digital highway for launching cyberattacks.While most of the software is inserted by gaining access to computer networks, the N.S.A. has increasingly made use of a secret technology that enables it to enter and alter data in computers even if they are not connected to the Internet, according to N.S.A. documents, computer experts and American officials.The technology, which the agency has used since at least 2008, relies on a covert channel of radio waves that can be transmitted from tiny circuit boards and USB cards inserted surreptitiously into the computers. In some cases, they are sent to a briefcase-size relay station that intelligence agencies can set up miles away from the target.

The radio frequency technology has helped solve one of the biggest problems facing American intelligence agencies for years: getting into computers that adversaries, and some American partners, have tried to make impervious to spying or cyberattack. In most cases, the radio frequency hardware must be physically inserted by a spy, a manufacturer or an unwitting user.

The N.S.A. and the Pentagon’s Cyber Command have implanted nearly 100,000 “computer network exploits” around the world, but the hardest problem is getting inside machines isolated from outside communications.

Someone wants to get the United States into a war with Syria very, very badly.  Cui bono is an old Latin phrase that is still commonly used, and it roughly means "to whose benefit?"  The key to figuring out who is really behind the push for war is to look at who will benefit from that war. 

Here’s what Feinstein described Tuesday morning: At some time after the committee staff identified and reviewed the Internal Panetta Review documents, access to the vast majority of them was removed by the CIA. We believe this happened in 2010 but we have no way of knowing the specifics. Nor do we know why the documents were removed. The staff was focused on reviewing the tens of thousands of new documents that continued to arrive on a regular basis. […] Shortly [after Udall’s comments], on January 15, 2014, CIA Director Brennan requested an emergency meeting to inform me and Vice Chairman Chambliss that without prior notification or approval, CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications. According to Brennan, the computer search was conducted in response to indications that some members of the committee staff might already have had access to the Internal Panetta Review. The CIA did not ask the committee or its staff if the committee had access to the Internal Review, or how we obtained it. Instead, the CIA just went and searched the committee’s computers.

If what Feinstein alleges is true, it essentially amounts to a constitutional crisis. And she said as much during her speech, describing “a defining moment for the oversight of our intelligence community.” “I have grave concerns that the CIA’s search may well have violated the separation of powers principles embodied in the United States Constitution, including the Speech and Debate clause. It may have undermined the constitutional framework essential to effective congressional oversight of intelligence activities or any other government function,” Feinstein said. “Besides the constitutional implications, the CIA’s search may also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.”

There’s also the issue of intimidation. The media reports that have been bubbling up recently around this issue have suggested that Senate investigators illegally obtained the Panetta review—some even raised the specter of hacking by the Senate investigators. The CIA went so far as to file a crime report with the Department of Justice, accusing Senate staffers of illegally obtaining the Panetta review. Tuesday morning, Feinstein strenuously denied the review was illegally obtained, and asserted it was included in the 6.2 million files turned over by the CIA and describing at length why Senate lawyers felt it was a lawful document for the committee to possess. And, in a remarkable statement, Feinstein accused the CIA of intimidation by filing the crime report. “[T]here is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime. I view the acting general counsel’s referral [to DoJ] as a potential effort to intimidate this staff—and I am not taking it lightly.” Feinstein went on to note one fairly amazing fact. The (acting) general counsel she referred to, who filed the complaint with DoJ, was a lawyer in the CIA’s counterterrorism center beginning in 2004. That means he was directly involved in legal justifications for the torture program. “And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff,” she noted gravely. “The same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.”

The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight.