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Gary Edwards

Guitar Frets: Environmental Enforcement Leaves Musicians in Fear | Postmodern Times - W... - 0 views

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    What a story. The Gibson CEO, Henry Jusczkiewicz, claims that the DOJ sanctioned raid and seizure at Gibson Guitars was based on the DOJ's enforcement of other countries Environmental Protection Laws. Both Inian and Madagascar Laws however seem to be as much or more about protecting the growth potential of wood refinishing industry as it is about protecting endangered species of trees such as the Magagascar Ebony Environmental Enforcement Leaves Musicians in Fearonline.wsj.com It isn't just the recently raided Gibson Guitar that is sweating, says Eric Felten. Musicians who play vintage guitars and other instruments made of environmentally protected materials are worried the authorities may be coming for them next.
Paul Merrell

U.S. accuses China of cyber spying on American companies | Reuters - 0 views

  • The United States on Monday charged five Chinese military officers and accused them of hacking into American nuclear, metal and solar companies to steal trade secrets, ratcheting up tensions between the two world powers over cyber espionage. China immediately denied the charges, saying in a strongly worded Foreign Ministry statement the U.S. grand jury indictment was "made up" and would damage trust between the two nations.Officials in Washington have argued for years that cyber espionage is a top national security concern. The indictment was the first criminal hacking charge that the United States has filed against specific foreign officials, and follows a steady increase in public criticism and private confrontation, including at a summit last year between U.S. President Barack Obama and Chinese President Xi Jinping.
  • Federal prosecutors said the suspects targeted companies including Alcoa Inc, Allegheny Technologies Inc, United States Steel Corp, Toshiba Corp unit Westinghouse Electric Co, the U.S. subsidiaries of SolarWorld AG, and a steel workers' union.
  • According to the indictment, Chinese state-owned companies "hired" Unit 61398 of the People's Liberation Army "to provide information technology services" including assembling a database of corporate intelligence. The Chinese companies were not named.The Shanghai-based Unit 61398 was identified last year by cybersecurity firm Mandiant as the source of a large number of espionage operations. All five defendants worked with 61398, according to the indictment.
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  • U.S. officials have maintained that they do not steal secrets to give an advantage to U.S. companies, but in China, Lewis said, the line between military and business prowess is unclear.Unit 61398 has hundreds of active spies and is just one of dozens of such bodies in China, said Jen Weedon, an analyst at Mandiant, now owned by global network security company FireEye Inc. She said the group is not among the most sophisticated.
  • Washington announced the charges as new claims emerged last week about the scope of overseas spying by the United States. Documents leaked by Snowden showed the agency intercepted and modified equipment made by Cisco Systems Inc that was headed overseas.Cisco responded by asking Obama to curtail U.S. surveillance programs, underscoring the vulnerability of multinationals to a whipsaw of competing government interests.
  • Skeptics said U.S. authorities would not be able to arrest those indicted because Beijing would not hand them over. Still, the move would prevent the individuals from traveling to the United States or other countries that have an extradition agreement with the United States.
  • In an indictment filed in the Western District of Pennsylvania, prosecutors said the officers hacked into computers starting in 2006, often by infecting machines with tainted "spear phishing" emails to employees that purport to be from colleagues.Prosecutors alleged that one hacker, for example, stole cost and pricing information in 2012 from an Oregon-based solar panel production unit of SolarWorld. The company was losing market share at the time to Chinese competitors who were systematically pricing exports below production costs, according to the indictment.Another officer is accused of stealing technical and design specifications about pipes for nuclear plants from Westinghouse Electric as the company was negotiating with a Chinese company to build four power plants in China, prosecutors said.
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    Yesterday I watched the DoJ press conference announcing charges. This article does not capture its spirit. AG Ben Holder faced stiff questions directed by attending reporters. One of the first questions went something like this: "Is it true that the U.S. has extradition treaty with China and these defendants will never be actually prosecuted, and if so, what's the real reason for the charges?" Others raised the hypocrisy of the U.S. move in light of what the NSA has been doing. Holder ducked the tough questions  The press conference was a farce and too many of the reporters realized it. Recall that Obama was days away from traveling to China with the announced purpose of chastising its leader for waging cyberesionage against the U.S. when the first Edward Snowden pulled the moral high ground from beneath Obama's feet. This stunt looks more like it was designed to lesson the government pain by promoting Obama's "everyone does it" meme.   Also not mentioned in this article, at the press confernence the five defendants were identified as generals in the Chinese Army. Might we see China respond by charging a few former and present NSA generals with cyber-espionage? Fun and games on the Beltway. 
Paul Merrell

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

  • 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

Bank Of America's $17 Billion Mortgage Crisis Settlement Could Be A Total Bust | ThinkP... - 0 views

  • Bank of America has agreed to a legal settlement with the Department of Justice (DOJ) to avoid prosecution for the hundreds of billions of dollars in bad mortgage loans that it and its subsidiaries sold to unwitting investors in the run-up to the financial crisis, according to multiple new reports. The total on-paper cost of the deal is reportedly at least $16 billion and perhaps as high as $17 billion, which makes it the largest corporate legal settlement with the government in U.S. history. But that record price tag is deceptive. The deal is unlikely to cost Bank of America anywhere close to that amount.
  • the government’s decision to pursue civil settlements rather than criminal cases against banks that inflated the toxic mortgage bubble means that shareholders pay the price while executives who oversaw the misconduct earn large bonuses.
  • “If you let a thief buy his way out of jail, you should really make sure the check doesn’t bounce,” HDL national campaign director Kevin Whelan said in an email. “Even a record $17 billion settlement is a small fraction of the damage done by B of A and Countrywide. But it could do real good for a lot of families,” Whelan said. “The fact that the JP Morgan Chase settlement has not delivered any noticeable relief to families makes us skeptical.”
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  • Even at face value, the reported settlement is minuscule compared to the harm caused by Bank of America companies. The on-paper cost of the deal is less than 7 percent of the value of the mortgage deals Bank of America and its subsidiaries Countrywide and Merrill Lynch made before the crisis that have since gone bad. (Bank of America bought Countrywide and Merrill Lynch at the height of the crisis.) Those three companies issued just shy of a trillion dollars in mortgage-backed securities in the run-up to the financial collapse, and $245 billion of those products have gone bad, according to Bloomberg. Bank of America had pushed for a much smaller settlement for months, arguing that it should not have to pay for the sins of the firms it bought at bargain-bin prices when the economy was reeling. But a court ruling last month regarding Countrywide’s most notorious mortgage swindle caused the bank to change its tune, according to the New York Times. Judge Jed Rakoff ordered the bank to pay about $1.3 billion for one tranch of defective mortgages sold under a program that Countrywide nicknamed “Hustle” because of its fraudulent nature. Having lost one court case over Countrywide’s notorious misdeeds, the Times says, Bank of America decided to stop resisting federal officials’ settlement demands.
  • After tax deductions, the settlement could easily shrink below the roughly $15 billion in profits the company has reported since 2011. And because the financial crisis sucked something like $14 trillion out of the economy and destroyed tens of trillions of dollars in wealth for homeowners, the DOJ can hardly claim to have delivered a proportional response. The department’s claims about the Bank of America settlement are likely to draw political scrutiny. A bipartisan bill from Sens. Elizabeth Warren (D-MA) and Tom Coburn (R-OK) would require government officials to state the full tax deductibility and true cost of corporate legal settlements in all public statements about them. That bill, inspired by the revelations that JP Morgan’s sweetheart deal with the DOJ didn’t come close to the portrait that Attorney General Eric Holder painted of it, was passed out of committee late last month.
Paul Merrell

DOJ Inspector General Complains About FBI Foot-dragging | Just Security - 0 views

  • Late last week, the Inspector General (IG) for the Justice Department sent a letter to Congress complaining of the FBI’s refusal to set a timeline for turning over documents related to an IG investigation of the Drug Enforcement Agency’s use of subpoenas to gain access to and use certain bulk data collections. The IG has been seeking documents related to its investigation since Nov. 20, 2014. While the FBI has provided some of the requested information to the IG, negotiations over other documents led to a production deadline of Feb. 13, 2015. When the FBI communicated it would miss that deadline, it would not commit to a new deadline, triggering the IG’s letter to Congress. Interestingly, the IG also challenged the FBI’s interpretation of what information can be withheld during IG investigations. As the IG pointed out, allowing “access to records of the [DOJ] only when granted permission by the Department’s leadership is inconsistent” with the IG Act, the Appropriations Act, and general IG independence. The full letter is below.
Paul Merrell

FBI Now Holding Up Michael Horowitz' Investigation into the DEA | emptywheel - 0 views

  • Man, at some point Congress is going to have to declare the FBI legally contemptuous and throw them in jail. They continue to refuse to cooperate with DOJ’s Inspector General, as they have been for basically 5 years. But in Michael Horowitz’ latest complaint to Congress, he adds a new spin: FBI is not only obstructing his investigation of the FBI’s management impaired surveillance, now FBI is obstructing his investigation of DEA’s management impaired surveillance. I first reported on DOJ IG’s investigation into DEA’s dragnet databases last April. At that point, the only dragnet we knew about was Hemisphere, which DEA uses to obtain years of phone records as well as location data and other details, before it them parallel constructs that data out of a defendant’s reach.
  • But since then, we’ve learned of what the government claims to be another database — that used to identify Shantia Hassanshahi in an Iranian sanctions case. After some delay, the government revealed that this was another dragnet, including just international calls. It claims that this database was suspended in September 2013 (around the time Hemisphere became public) and that it is no longer obtaining bulk records for it. According to the latest installment of Michael Horowitz’ complaints about FBI obstruction, he tried to obtain records on the DEA databases on November 20, 2014 (of note, during the period when the government was still refusing to tell even Judge Rudolph Contreras what the database implicating Hassanshahi was). FBI slow-walked production, but promised to provide everything to Horowitz by February 13, 2015. FBI has decided it has to keep reviewing the emails in question to see if there is grand jury, Title III electronic surveillance, and Fair Credit Reporting Act materials, which are the same categories of stuff FBI has refused in the past. So Horowitz is pointing to the language tied to DOJ’s appropriations for FY 2015 which (basically) defunded FBI obstruction. Only FBI continues to obstruct.
  • There’s one more question about this. As noted, this investigation is supposed to be about DEA’s databases. We’ve already seen that FBI uses Hemisphere (when I asked FBI for comment in advance of this February 4, 2014 article on FBI obstinance, Hemisphere was the one thing they refused all comment on). And obviously, FBI access another DEA database to go after Hassanshahi. So that may be the only reason why Horowitz needs the FBI’s cooperation to investigate the DEA’s dragnets. Plus, assuming FBI is parallel constructing these dragnets just like DEA is, I can understand why they’d want to withhold grand jury information, which would make that clear. Still, I can’t help but wonder — as I have in the past — whether these dragnets are all connected, a constantly moving shell game. That might explain why FBI is so intent on obstructing Horowitz again.
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    Marcy Wheeler's specuiulation that various government databases simply move to another agency when they're brought to light is not without precedent. When Congress shut down DARPA's Total Information Awareness program, most of its software programs and databases were just moved to NSA. 
Paul Merrell

Drone memo should reverse Gitmo convictions, attorneys claim - RT USA - 0 views

  • Attorneys for a Canadian man who spent a decade detained by the United States military at Guantanamo Bay say details in the Obama administration’s recently released “drone memo” exonerates their client of war crimes.
  • But in a recent court filing [PDF], lawyers for Khadr, now 27, say a just-published US Department of Justice memorandum contains information that directly challenges the American government’s case against their client. Khadr’s attorneys wrote this week that the secret “drone memo” released by the White House last month — the DOJ document that the government relied on to justify the 2010 drone strike in Yemen that killed American citizen and suspected AL-Qaeda member Anwar Al-Awlaki — suggests prosecutors had no place to charge the Canadian teenager with murder in violation of the laws of war after he allegedly killed an American soldier during a firefight in Afghanistan. The DOJ memo itself was a penned by the department’s Office of Legal Counsel in response to the question of whether Central Intelligence Agency officers — who are not members of the US military — can be blamed for war crimes by launching drone strikes. The memo was written in July 2010, and justified the strike that later that year killed Al-Awlaki.
  • "The whole purpose...was to evaluate whether the CIA agents were violating the law," Morison said. "The only reasonable interpretation of that analysis is that there is no such thing (as the common law of war)." On Monday this week, Morrison and the rest of Khadr’s legal counsel, filed a motion in Guantanamo’s appeals court asking that the conviction against their client be vacated.
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  • According to a footnote within the memo, released June 24 of this year due to a Freedom of Information Act lawsuit, “lethal activities conducted in accordance with the laws of war, and undertaken in the course of lawfully authorized hostilities, do not violate the laws of war by virtue of the fact that they are carried out in part by government actors who are not entitled to the combatant’s privilege.” "That completely blows away one of the major prongs of the government's theory in all these Guantanamo cases," Sam Morison, Khadr's Pentagon-based lawyer, told The Canadian Press during an interview on Wednesday this week. Although Khadr was charged with violating the “US common law of war” that dates back centuries, his attorneys say the memo concerning CIA drone strikes suggest such legislation simply doesn’t exist.
  • Should Khadr’s attorneys succeed, then a number of cases pertaining to current or former Guantanamo detainees accused of war crimes could be called into question. According to Human Rights Watch, however, only six of the 149 detainees at Gitmo face any formal charges — fewer than the number of prisoners who have died while held there in military custody.
Paul Merrell

Edward Snowden: A 'Nation' Interview | The Nation - 0 views

  • Snowden: That’s the key—to maintain the garden of liberty, right? This is a generational thing that we must all do continuously. We only have the rights that we protect. It doesn’t matter what we say or think we have. It’s not enough to believe in something; it matters what we actually defend. So when we think in the context of the last decade’s infringements upon personal liberty and the last year’s revelations, it’s not about surveillance. It’s about liberty. When people say, “I have nothing to hide,” what they’re saying is, “My rights don’t matter.” Because you don’t need to justify your rights as a citizen—that inverts the model of responsibility. The government must justify its intrusion into your rights. If you stop defending your rights by saying, “I don’t need them in this context” or “I can’t understand this,” they are no longer rights. You have ceded the concept of your own rights. You’ve converted them into something you get as a revocable privilege from the government, something that can be abrogated at its convenience. And that has diminished the measure of liberty within a society.
  • From the very beginning, I said there are two tracks of reform: there’s the political and the technical. I don’t believe the political will be successful, for exactly the reasons you underlined. The issue is too abstract for average people, who have too many things going on in their lives. And we do not live in a revolutionary time. People are not prepared to contest power. We have a system of education that is really a sort of euphemism for indoctrination. It’s not designed to create critical thinkers. We have a media that goes along with the government by parroting phrases intended to provoke a certain emotional response—for example, “national security.” Everyone says “national security” to the point that we now must use the term “national security.” But it is not national security that they’re concerned with; it is state security. And that’s a key distinction. We don’t like to use the phrase “state security” in the United States because it reminds us of all the bad regimes. But it’s a key concept, because when these officials are out on TV, they’re not talking about what’s good for you. They’re not talking about what’s good for business. They’re not talking about what’s good for society. They’re talking about the protection and perpetuation of a national state system. I’m not an anarchist. I’m not saying, “Burn it to the ground.” But I’m saying we need to be aware of it, and we need to be able to distinguish when political developments are occurring that are contrary to the public interest. And that cannot happen if we do not question the premises on which they’re founded. And that’s why I don’t think political reform is likely to succeed. [Senators] Udall and Wyden, on the intelligence committee, have been sounding the alarm, but they are a minority.
  • The Nation: Every president—and this seems to be confirmed by history—will seek to maximize his or her power, and will see modern-day surveillance as part of that power. Who is going to restrain presidential power in this regard? Snowden: That’s why we have separate and co-equal branches. Maybe it will be Congress, maybe not. Might be the courts, might not. But the idea is that, over time, one of these will get the courage to do so. One of the saddest and most damaging legacies of the Bush administration is the increased assertion of the “state secrets” privilege, which kept organizations like the ACLU—which had cases of people who had actually been tortured and held in indefinite detention—from getting their day in court. The courts were afraid to challenge executive declarations of what would happen. Now, over the last year, we have seen—in almost every single court that has had this sort of national-security case—that they have become markedly more skeptical. People at civil-liberties organizations say it’s a sea change, and that it’s very clear judges have begun to question more critically assertions made by the executive. Even though it seems so obvious now, it is extraordinary in the context of the last decade, because courts had simply said they were not the best branch to adjudicate these claims—which is completely wrong, because they are the only nonpolitical branch. They are the branch that is specifically charged with deciding issues that cannot be impartially decided by politicians. The power of the presidency is important, but it is not determinative. Presidents should not be exempted from the same standards of reason and evidence and justification that any other citizen or civil movement should be held to.
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  • The Nation: Explain the technical reform you mentioned. Snowden: We already see this happening. The issue I brought forward most clearly was that of mass surveillance, not of surveillance in general. It’s OK if we wiretap Osama bin Laden. I want to know what he’s planning—obviously not him nowadays, but that kind of thing. I don’t care if it’s a pope or a bin Laden. As long as investigators must go to a judge—an independent judge, a real judge, not a secret judge—and make a showing that there’s probable cause to issue a warrant, then they can do that. And that’s how it should be done. The problem is when they monitor all of us, en masse, all of the time, without any specific justification for intercepting in the first place, without any specific judicial showing that there’s a probable cause for that infringement of our rights.
  • Since the revelations, we have seen a massive sea change in the technological basis and makeup of the Internet. One story revealed that the NSA was unlawfully collecting data from the data centers of Google and Yahoo. They were intercepting the transactions of data centers of American companies, which should not be allowed in the first place because American companies are considered US persons, sort of, under our surveillance authorities. They say, “Well, we were doing it overseas,” but that falls under a different Reagan-era authority: EO 12333, an executive order for foreign-intelligence collection, as opposed to the ones we now use domestically. So this one isn’t even authorized by law. It’s just an old-ass piece of paper with Reagan’s signature on it, which has been updated a couple times since then. So what happened was that all of a sudden these massive, behemoth companies realized their data centers—sending hundreds of millions of people’s communications back and forth every day—were completely unprotected, electronically naked. GCHQ, the British spy agency, was listening in, and the NSA was getting the data and everything like that, because they could dodge the encryption that was typically used. Basically, the way it worked technically, you go from your phone to Facebook.com, let’s say—that link is encrypted. So if the NSA is trying to watch it here, they can’t understand it. But what these agencies discovered was, the Facebook site that your phone is connected to is just the front end of a larger corporate network—that’s not actually where the data comes from. When you ask for your Facebook page, you hit this part and it’s protected, but it has to go on this long bounce around the world to actually get what you’re asking for and go back. So what they did was just get out of the protected part and they went onto the back network. They went into the private network of these companies.
  • The Nation: The companies knew this? Snowden: Companies did not know it. They said, “Well, we gave the NSA the front door; we gave you the PRISM program. You could get anything you wanted from our companies anyway—all you had to do was ask us and we’re gonna give it to you.” So the companies couldn’t have imagined that the intelligence communities would break in the back door, too—but they did, because they didn’t have to deal with the same legal process as when they went through the front door. When this was published by Barton Gellman in The Washington Post and the companies were exposed, Gellman printed a great anecdote: he showed two Google engineers a slide that showed how the NSA was doing this, and the engineers “exploded in profanity.” Another example—one document I revealed was the classified inspector general’s report on a Bush surveillance operation, Stellar Wind, which basically showed that the authorities knew it was unlawful at the time. There was no statutory basis; it was happening basically on the president’s say-so and a secret authorization that no one was allowed to see. When the DOJ said, “We’re not gonna reauthorize this because it is not lawful,” Cheney—or one of Cheney’s advisers—went to Michael Hayden, director of the NSA, and said, “There is no lawful basis for this program. DOJ is not going to reauthorize it, and we don’t know what we’re going to do. Will you continue it anyway on the president’s say-so?” Hayden said yes, even though he knew it was unlawful and the DOJ was against it. Nobody has read this document because it’s like twenty-eight pages long, even though it’s incredibly important.
  • The big tech companies understood that the government had not only damaged American principles, it had hurt their businesses. They thought, “No one trusts our products anymore.” So they decided to fix these security flaws to secure their phones. The new iPhone has encryption that protects the contents of the phone. This means if someone steals your phone—if a hacker or something images your phone—they can’t read what’s on the phone itself, they can’t look at your pictures, they can’t see the text messages you send, and so forth. But it does not stop law enforcement from tracking your movements via geolocation on the phone if they think you are involved in a kidnapping case, for example. It does not stop law enforcement from requesting copies of your texts from the providers via warrant. It does not stop them from accessing copies of your pictures or whatever that are uploaded to, for example, Apple’s cloud service, which are still legally accessible because those are not encrypted. It only protects what’s physically on the phone. This is purely a security feature that protects against the kind of abuse that can happen with all these things being out there undetected. In response, the attorney general and the FBI director jumped on a soap box and said, “You are putting our children at risk.”
  • The Nation: Is there a potential conflict between massive encryption and the lawful investigation of crimes? Snowden: This is the controversy that the attorney general and the FBI director were trying to create. They were suggesting, “We have to be able to have lawful access to these devices with a warrant, but that is technically not possible on a secure device. The only way that is possible is if you compromise the security of the device by leaving a back door.” We’ve known that these back doors are not secure. I talk to cryptographers, some of the leading technologists in the world, all the time about how we can deal with these issues. It is not possible to create a back door that is only accessible, for example, to the FBI. And even if it were, you run into the same problem with international commerce: if you create a device that is famous for compromised security and it has an American back door, nobody is gonna buy it. Anyway, it’s not true that the authorities cannot access the content of the phone even if there is no back door. When I was at the NSA, we did this every single day, even on Sundays. I believe that encryption is a civic responsibility, a civic duty.
  • The Nation: Some years ago, The Nation did a special issue on patriotism. We asked about a hundred people how they define it. How do you define patriotism? And related to that, you’re probably the world’s most famous whistleblower, though you don’t like that term. What characterization of your role do you prefer? Snowden: What defines patriotism, for me, is the idea that one rises to act on behalf of one’s country. As I said before, that’s distinct from acting to benefit the government—a distinction that’s increasingly lost today. You’re not patriotic just because you back whoever’s in power today or their policies. You’re patriotic when you work to improve the lives of the people of your country, your community and your family. Sometimes that means making hard choices, choices that go against your personal interest. People sometimes say I broke an oath of secrecy—one of the early charges leveled against me. But it’s a fundamental misunderstanding, because there is no oath of secrecy for people who work in the intelligence community. You are asked to sign a civil agreement, called a Standard Form 312, which basically says if you disclose classified information, they can sue you; they can do this, that and the other. And you risk going to jail. But you are also asked to take an oath, and that’s the oath of service. The oath of service is not to secrecy, but to the Constitution—to protect it against all enemies, foreign and domestic. That’s the oath that I kept, that James Clapper and former NSA director Keith Alexander did not. You raise your hand and you take the oath in your class when you are on board. All government officials are made to do it who work for the intelligence agencies—at least, that’s where I took the oath.
  • The Nation: Creating a new system may be your transition, but it’s also a political act. Snowden: In case you haven’t noticed, I have a somewhat sneaky way of effecting political change. I don’t want to directly confront great powers, which we cannot defeat on their terms. They have more money, more clout, more airtime. We cannot be effective without a mass movement, and the American people today are too comfortable to adapt to a mass movement. But as inequality grows, the basic bonds of social fraternity are fraying—as we discussed in regard to Occupy Wall Street. As tensions increase, people will become more willing to engage in protest. But that moment is not now.
  • The Nation: You really think that if you could go home tomorrow with complete immunity, there wouldn’t be irresistible pressure on you to become a spokesperson, even an activist, on behalf of our rights and liberties? Indeed, wouldn’t that now be your duty? Snowden: But the idea for me now—because I’m not a politician, and I do not think I am as effective in this way as people who actually prepare for it—is to focus on technical reform, because I speak the language of technology. I spoke with Tim Berners-Lee, the guy who invented the World Wide Web. We agree on the necessity for this generation to create what he calls the Magna Carta for the Internet. We want to say what “digital rights” should be. What values should we be protecting, and how do we assert them? What I can do—because I am a technologist, and because I actually understand how this stuff works under the hood—is to help create the new systems that reflect our values. Of course I want to see political reform in the United States. But we could pass the best surveillance reforms, the best privacy protections in the history of the world, in the United States, and it would have zero impact internationally. Zero impact in China and in every other country, because of their national laws—they won’t recognize our reforms; they’ll continue doing their own thing. But if someone creates a reformed technical system today—technical standards must be identical around the world for them to function together.
  • As for labeling someone a whistleblower, I think it does them—it does all of us—a disservice, because it “otherizes” us. Using the language of heroism, calling Daniel Ellsberg a hero, and calling the other people who made great sacrifices heroes—even though what they have done is heroic—is to distinguish them from the civic duty they performed, and excuses the rest of us from the same civic duty to speak out when we see something wrong, when we witness our government engaging in serious crimes, abusing power, engaging in massive historic violations of the Constitution of the United States. We have to speak out or we are party to that bad action.
  • The Nation: Considering your personal experience—the risks you took, and now your fate here in Moscow—do you think other young men or women will be inspired or discouraged from doing what you did? Snowden: Chelsea Manning got thirty-five years in prison, while I’m still free. I talk to people in the ACLU office in New York all the time. I’m able to participate in the debate and to campaign for reform. I’m just the first to come forward in the manner that I did and succeed. When governments go too far to punish people for actions that are dissent rather than a real threat to the nation, they risk delegitimizing not just their systems of justice, but the legitimacy of the government itself. Because when they bring political charges against people for acts that were clearly at least intended to work in the public interest, they deny them the opportunity to mount a public-interest defense. The charges they brought against me, for example, explicitly denied my ability to make a public-interest defense. There were no whistleblower protections that would’ve protected me—and that’s known to everybody in the intelligence community. There are no proper channels for making this information available when the system fails comprehensively.
  • The government would assert that individuals who are aware of serious wrongdoing in the intelligence community should bring their concerns to the people most responsible for that wrongdoing, and rely on those people to correct the problems that those people themselves authorized. Going all the way back to Daniel Ellsberg, it is clear that the government is not concerned with damage to national security, because in none of these cases was there damage. At the trial of Chelsea Manning, the government could point to no case of specific damage that had been caused by the massive revelation of classified information. The charges are a reaction to the government’s embarrassment more than genuine concern about these activities, or they would substantiate what harms were done. We’re now more than a year since my NSA revelations, and despite numerous hours of testimony before Congress, despite tons of off-the-record quotes from anonymous officials who have an ax to grind, not a single US official, not a single representative of the United States government, has ever pointed to a single case of individualized harm caused by these revelations. This, despite the fact that former NSA director Keith Alexander said this would cause grave and irrevocable harm to the nation. Some months after he made that statement, the new director of the NSA, Michael Rogers, said that, in fact, he doesn’t see the sky falling. It’s not so serious after all.
  • The Nation: You also remind us of [Manhattan Project physicist] Robert Oppenheimer—what he created and then worried about. Snowden: Someone recently talked about mass surveillance and the NSA revelations as being the atomic moment for computer scientists. The atomic bomb was the moral moment for physicists. Mass surveillance is the same moment for computer scientists, when they realize that the things they produce can be used to harm a tremendous number of people. It is interesting that so many people who become disenchanted, who protest against their own organizations, are people who contributed something to them and then saw how it was misused. When I was working in Japan, I created a system for ensuring that intelligence data was globally recoverable in the event of a disaster. I was not aware of the scope of mass surveillance. I came across some legal questions when I was creating it. My superiors pushed back and were like, “Well, how are we going to deal with this data?” And I was like, “I didn’t even know it existed.” Later, when I found out that we were collecting more information on American communications than we were on Russian communications, for example, I was like, “Holy shit.” Being confronted with the realization that work you intended to benefit people is being used against them has a radicalizing effect.
  • The Nation: We have a sense, or certainly the hope, we’ll be seeing you in America soon—perhaps sometime after this Ukrainian crisis ends. Snowden: I would love to think that, but we’ve gone all the way up the chain at all the levels, and things like that. A political decision has been made not to irritate the intelligence community. The spy agencies are really embarrassed, they’re really sore—the revelations really hurt their mystique. The last ten years, they were getting the Zero Dark Thirty treatment—they’re the heroes. The surveillance revelations bring them back to Big Brother kind of narratives, and they don’t like that at all. The Obama administration almost appears as though it is afraid of the intelligence community. They’re afraid of death by a thousand cuts—you know, leaks and things like that.
  • The Nation: You’ve given us a lot of time, and we are very grateful, as will be The Nation’s and other readers. But before we end, any more thoughts about your future? Snowden: If I had to guess what the future’s going to look like for me—assuming it’s not an orange jumpsuit in a hole—I think I’m going to alternate between tech and policy. I think we need that. I think that’s actually what’s missing from government, for the most part. We’ve got a lot of policy people, but we have no technologists, even though technology is such a big part of our lives. It’s just amazing, because even these big Silicon Valley companies, the masters of the universe or whatever, haven’t engaged with Washington until recently. They’re still playing catch-up. As for my personal politics, some people seem to think I’m some kind of archlibertarian, a hyper-conservative. But when it comes to social policies, I believe women have the right to make their own choices, and inequality is a really important issue. As a technologist, I see the trends, and I see that automation inevitably is going to mean fewer and fewer jobs. And if we do not find a way to provide a basic income for people who have no work, or no meaningful work, we’re going to have social unrest that could get people killed. When we have increasing production—year after year after year—some of that needs to be reinvested in society. It doesn’t need to be consistently concentrated in these venture-capital funds and things like that. I’m not a communist, a socialist or a radical. But these issues have to be 
addressed.
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    Remarkable interview. Snowden finally gets asked some questions about politics. 
Paul Merrell

Holder Defends Record of Not Prosecuting Financial Fraud - 0 views

  • Former attorney general Eric Holder was the honored guest at a Reporters Committee for Freedom of the Press reception on Wednesday (leading investigative reporter Murray Waas to reasonably wonder: How’s that again?). And while I was primarily interested in hearing whether Holder regretted whiffing on torture prosecutions during his tenure (see story: “Holder, Too Late, Calls for Transparency on DOJ Torture Investigation”), I also asked him about whiffing on financial fraud prosecutions. Specifically, I noted his failure to hold accountable the people responsible for the wide-scale financial fraud that led to the massive economic recession of 2007-2009. And I noted that after he stepped down from his post in April, he went back to his job at Covington & Burling, the gigantic D.C. law firm whose clients have included many of the big banks that Holder chose not to prosecute. (The reception was actually held at Covington & Burling’s swanky new building downtown. While it was being built — while Holder was still attorney general! — the firm actually kept an 11th-story corner office reserved for his return. He was making over $3 million a year from the firm before his sojourn at the Justice Department; his current salary has not been disclosed.)
  • Holder bristled at my suggestion that there might be a connection between his current employer and his conduct at Justice, saying that many top prosecutors at Justice had pursued cases as best they could. “We were simply unable to do it under the existing statutes that we had, and given the ways the decision-making worked at those institutions,” he said. However, Holder had all the statutory authority he needed to prosecute straightforward crimes such as robosigning fraud, perjury in front of Congress by Goldman Sachs executives, or for that matter, HSBC’s money laundering for Mexican drug cartels. He simply chose not to. (In response to another questioner, he denied that any of his decisions not to prosecute were based on the massive legal teams that were fielded against the government.) Moreover, he actively waved off offers of additional help such as the suggestion from Sen. Sherrod Brown, D-Ohio, that Congress give him more staff for his Residential Mortgage-Backed Securities Working Group, or extend the statute of limitations on some crimes. At Wednesday’s event, Holder continued: “It’s an easy thing for people who are not a part of the process” to “ask questions,” he said. “It pisses me off, on the other hand,” for people “not conversant” in the process to “somehow say that I did something that was inconsistent with my oath or that I’m not a person of integrity.” “I’m proud to be back at the firm,” he said. “It’s a great firm. And I’m proud of the work I did at the Justice Department.”
  • Holder’s comment was only the most recent in a series of pronouncements from formerly powerful government officials that they were in fact powerless — while talking tough once they no longer have the ability to do anything about it. See, for instance, my colleague David Dayen’s recent article, “Bernanke Talks Tough But Was Weak When It Mattered,” about former Federal Reserve chair Ben Bernanke saying that more Wall Street executives should have gone to jail for criminal misconduct that led to the financial crisis. As Fed chair, Beranke could have initiated criminal referrals to the Justice Department, but chose not to. As attorney general, Holder could have made pursuing financial fraud a top priority. And he did not.
Paul Merrell

IG Horowitz Finds FBI, DOJ Broke Law In Clinton Probe, Refers To Prosecutor For Crimina... - 1 views

  • Now, journalist Paul Sperry reports that "IG Horowitz has found "reasonable grounds" for believing there has been a violation of federal criminal law in the FBI/DOJ's handling of the Clinton investigation/s and has referred his findings of potential criminal misconduct to Huber for possible criminal prosecution."
Paul Merrell

Hillary In The Crosshairs As DOJ Prosecutors Begin Asking FBI Agents About Uranium One ... - 0 views

  • Attorney General Jeff Sessions has instructed DOJ prosecutors to begin asking FBI agents for explanations regarding evidence pertaining to a dormant criminal investigation into the controversial Uranium One deal linked to Bill and Hillary Clinton, according to NBC. 
  • The order comes as part of a promise made last month by Sessions to examine whether or not a special counsel was warranted in the deal which saw 20% of American Uranium sold to a Russian state-owned energy company in a 2010 transaction allowed by the Obama administration. Prior to the deal, individual connected with Uranium One deal had donated over $140 million to the Clinton Foundation. Moreover, Bill Clinton gave a $500,000 speech to a Russian bank which issued a favorable rating on Uranium One stock. Clinton and Putin met the same day of the speech at the Russian leader's private homestead.
  • A report by the New York Times and the book Clinton Cash by investigative journalist Peter Schweizer in 2015 are said to have convinced the FBI in large part to launch their investigation into the Clinton Foundation over several claims of pay-for-play before and during Hillary Clinton's role as Secretary of State, including the Uranium One deal and several international arms sales.  As reported in International Business Times:  The Clinton-led State Department also authorized $151 billion of separate Pentagon-brokered deals for 16 of the countries that donated to the Clinton Foundation, resulting in a 143 percent increase in completed sales to those nations over the same time frame during the Bush administration.
Paul Merrell

DOJ confirms Holder OK'd search warrant for Fox News reporter's emails - Open Channel - 0 views

  • The Justice Department pledged Friday to to review its policies relating to the seizure of information from journalists after acknowledging that a controversial search warrant for a  Fox News reporter’s private emails  was approved “at the highest levels” of the Justice Department, including “discussions” with Attorney General  Eric Holder.
  • The statement, confirming an NBC News account of Holder’s role, defended the secret warrant to obtain reporter James Rosen’s emails as a legitimate step to obtain evidence as part of an investigation of Stephen Kim. A former intelligence analyst, Kim has since been indicted under the Espionage Act for leaking classified information to Rosen about North Korea. He has denied the charges.
  • Nevertheless, said the official, who spoke on condition of anonymity, Holder “understands the concerns that have been raised by the media and has initiated a re-evaluation of existing department policies and procedures.” The official said the department must strike “the appropriate balance” between preventing leaks of classified information and “First Amendment rights,”adding that passage of a new media shield law “and appropriate updates to the department”s internal guidelines” will help achieve that.   The statement comes  amid a firestorm of criticism from news media groups over the Rosen search warrant and a secret subpoena for the phone records of AP reporters. It also comes one day after President Obama addressed the issue in a major speech on counter-terrorism policy, saying "I am troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable," Obama said. "Journalists should not be at legal risk for doing their jobs."
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    Re "President Obama addressed the issue in a major speech on counter-terrorism policy, saying "I am troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable," Obama said. "Journalists should not be at legal risk for doing their jobs." That's unless they're not working with a mainstream media company, of course. Witness continuing U.S. efforts to extradite and prosecute Wikileaks founder Julian Assange under the Espionage Act because of the massive leak of classified documents to Wikileaks for which Private Bradley Manning is being prosecuted.
Gary Edwards

PETITION URGING CONGRESS TO IMPEACH PRESIDENT BARACK OBAMA - 0 views

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    "PETITION URGENTLY REQUESTING THAT CONGRESS LAUNCH AN INDEPENDENT AND COMPREHENSIVE INVESTIGATION INTO UNCONSTITUTIONAL AND IMPEACHABLE OFFENSES ON THE PART OF PRESIDENT BARACK OBAMA To: All members of the U.S. Congress: Whereas, President Barack Obama not only failed to aid U.S. personnel under lethal and prolonged terrorist attack in Benghazi, Libya, on Sept. 11, 2012, resulting in the deaths of a U.S. ambassador and three other Americans, but also led an outrageously deceitful cover-up for weeks afterward, rivaling the Watergate-era cover-up that ended the presidency of Richard Nixon; Whereas, the IRS under Obama - in accord with direct instructions from congressional Democrats - has engaged in the most egregious and widespread attack on conservative groups in modern history, with the knowledge of top agency officials; Whereas, the Obama Justice Department, on top of its many first-term scandals, has spied on and harassed journalists at Fox News and the Associated Press, prompting widespread, bipartisan condemnation of the DOJ for "criminalizing journalism"; Whereas, top constitutional attorneys from across the political spectrum now agree that Obama has committed certain specific offenses that unquestionably rise to the level of impeachable "high crimes and misdemeanors"; Whereas, one of these offenses - that of illegally conducting war against Libya - has been deemed by a bipartisan panel of constitutional experts to be "clearly an impeachable offense" and "gross usurpation of the war power"; Whereas, Obama's policy of targeted assassinations of U.S. citizens without any constitutionally required due process - including the drone assassination of an American-born 16-year-old as he was eating dinner - is unanimously deemed by experts, both liberal and conservative, as "an impeachable offense"; Whereas, Obama's Justice Department has presided over the disastrous "Fast and Furious" operation in which approximately 2
Paul Merrell

Feds May Have To Reveal FISA Phone Records In Murder Case | Techdirt - 0 views

  • There's been a lot of focus elsewhere concerning the FISA rulings that were leaked, showing that the government is scooping up the details of pretty much every phone call. However, a case concerning some guys who were trying to rob an armored truck may lead to some interesting revelations related to what the government collects. Daryl Davis, Hasam Williams, Terrance Brown, Toriano Johnson, and Joseph K. Simmons were charged with trying to rob a bunch of armored Brink's trucks, in which one of the robberies went wrong and a Brink's employee was shot and killed. As part of the case against the group, the DOJ obtained call records. However, during discovery, the government refused to hand over call records for July of 2010, claiming that when they sought them from the telco, the DOJ was told that those records had been purged. Terrance Brown's lawyer is now claiming that since it appears the NSA has sucked up all of this data for quite some time, it would appear that the government should, in fact, already have the phone records from July 2010, which he argues would show that he was nowhere near the robbery when it happened. Defendant Brown urges that the records are important to his defense because cell-site records could be used to show that Brown was not in the vicinity of the attempted robbery that allegedly occurred in July 2010. And, relying on a June 5, 2013, Guardian newspaper article that published a FISA Court order relating to cellular telephone data collected by Verizon,1 Defendant Brown now suggests that the Government likely actually does possess the metadata relating to telephone calls made in July 2010 from the two numbers attributed to Defendant Brown.
  • The court agrees that, under the law, the government may need to produce those records. Here, Defendant asserts that, under Brady v. Maryland, 373 U.S. 83 (1963), due process requires the production of the July 2010 telephone records because they are anticipated to be exculpatory in that they are expected to show that Defendant Brown was not physically located at the scene of the alleged attempted Brink’s truck robbery in July 2010. In view of Defendant Brown’s Motion and the requirements of FISA, it is hereby ORDERED and ADJUDGED that the Government shall respond to Defendant Brown’s Motion and, if desired, shall file an affidavit of the Attorney General of the United States. That order was actually issued Monday, only giving the government until yesterday to comply. At the time of posting, the government's reply has not yet shown up in PACER, though it may pop up soon. I'm guessing that they'll try to either get some sort of extension or explain why those records are somehow inaccessible -- but it could get interesting.
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    This is definitely one to watch. The Court's order is short but definitely enlightening. The defendant's trial is already under way, so the Court set a very short response time, and required the Feds to concurrently file the affidavit of the Attorney General if the Feds want to claim that disclosure would harm national security. She has also ordered that the Feds concurrently explain any belief that thre information was lawfully gathered, citing some specific portions of the FISA Act that are at the heart of the government's claim of right to compel telcos to disclose the information to the Feds.    Then the court decides whether the Feds must produce the records anyway. Tough position for the government because it would be extremely difficult to argue that the phone call metadata itself is classified, since they are by law "business records" of a private party, the telco.  And this sets the stage for a flood of habeas corpus petitions by persons already convicted seeking new trials with NSA surveillance records disclosed. Easiest way out for the Feds is to claim that the records do not exist, but someone will have to sign a statement under penalty of perjury file to that effect.  If the Court orders disclosure, the Feds have a right of immediate appeal. So this one could win up in the Supreme Court very quickly (days, not months). Reading the Court's order, the judge seems predisposed to order production of the records. So stay tuned to this channel. I'm reminded that about a week ago, an MSNBC reporter blogged that he didn't think that the PRISM story "has legs" that will keep it in the news very long. He was wrong. 
Paul Merrell

State: US concerned about missile defense system at Iranian uranium facility | TheHill - 0 views

  • The State Department said Monday it is concerned about Iranian state media reports that the country has deployed an advanced missile defense system around its Fordow underground uranium facility.  The S-300 surface-to-air missile system was sold to Iran by Russia over U.S. objections, after an international accord was reached last July that lifted sanctions on Iran in exchange for limits to its nuclear program. 
  • Russia had canceled a contract to deliver the systems to Iran in 2010, under pressure from the West, but announced it was reviving the contract in April 2015, as reaching a final nuclear deal appeared imminent. On Sunday, Iranian state TV reported that the S-300 was deployed at the Fordow facility, about 60 miles south of Tehran, according to Reuters. Since the signing of the deal in January, Iran has stopped enriching uranium there.  But U.S. officials and allies are concerned that the deployment of the S-300, which intercepts missiles, would limit potential future military options. Last August, the Pentagon expressed objections to the sale, but said it was "confident" the president would "have all the options he needs" to counteract the system.  
  • In October, former Marine Corps commandant retired Gen. James Conway warned the S-300's deployment "would be a game changer in the region." Iranian officials characterized the deployment of the system as defensive. "Our main priority is to protect Iran's nuclear facilities under any circumstances," said Brig. Gen. Farzad Esmaili, commander of the Islamic Revolutionary Guards Corps' air defense force. "Today, Iran's sky is one of the most secure in the Middle East." "The S-300 system is a defense system, not an assault one, but the Americans did their utmost to prevent Iran from getting it," Supreme Leader Ayatollah Ali Khamenei said. Sen. Tom CottonTom CottonState: US concerned about missile defense system at Iranian uranium facility GOP senators argue DOJ pressured Aetna on ObamaCare Trump, GOP see gold in Clinton Foundation attacks MORE (R-Ark.), member of the Senate Armed Service Committee, on Monday blasted the administration's Iran policy, saying it emboldened the "ayatollahs in Tehran" and led to the deal going through. "Had the Obama Administration not rushed to dismantle the international sanctions restraining Iran’s belligerence in the Middle East in pursuit of a legacy, Iran would not have been able to acquire and deploy such destabilizing weapons," he said.  
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    The S-300 is not state of the art, like Russia's S-500, but it's still a formidable deterrent to attack by air, particularly by the nation most likely to do so, Israel. The U.S. might conceivably do a saturation missile strike that could overcome the S-300. But Iran is correct: it's a defensive weapon. And the Iranian Nukes Myth is still a myth.
Gary Edwards

Stealing the Election - Rampant Voter Fraud Across the Country - 0 views

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    Quick summary of the rampant voter fraud being committed throughout the nation by Democrat Party members. Battalions of Democrat Imposters swept out across the land in both 2008 and 2010, blanketing voting locations, using the names of Dead voters listed on the voting rolls, and being issued ballots without having to provide any proof of identity. Voter fraud tactics include falsifying petitions, false identities, dead identity theft, illegal non citizen voting, and ballot fraud. The DOJ has joined the effort bringing charges of racism against those States and Counties where voters are required to prove their identity with photo ID. Sickening.
Gary Edwards

Why Isn't Wall Street in Jail? | Rolling Stone - Matt Taibi - 2 views

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    Must read stuff.  Very lengthy Bankster expose, this time involving Bankster connections to Obama, the political establishment, and the corruption of the DOJ, SEC and other regulatory agencies.  Very lengthy.  Includes stories about the misfortunes of those few honest individuals who tried to do the right thing in a sea of thieves, liars and crooks. excerpt: Nobody goes to jail. This is the mantra of the financial-crisis era, one that saw virtually every major bank and financial company on Wall Street embroiled in obscene criminal scandals that impoverished millions and collectively destroyed hundreds of billions, in fact, trillions of dollars of the world's wealth - and nobody went to jail. Nobody, that is, except Bernie Madoff, a flamboyant and pathological celebrity con artist, whose victims happened to be other rich and famous people. This article appears in the March 3, 2011 issue of Rolling Stone. The issue is available now on newsstands and will appear in the online archive February 18. The rest of them, all of them, got off. Not a single executive who ran the companies that cooked up and cashed in on the phony financial boom - an industrywide scam that involved the mass sale of mismarked, fraudulent mortgage-backed securities - has ever been convicted. Their names by now are familiar to even the most casual Middle American news consumer: companies like AIG, Goldman Sachs, Lehman Brothers, JP Morgan Chase, Bank of America and Morgan Stanley. Most of these firms were directly involved in elaborate fraud and theft. Lehman Brothers hid billions in loans from its investors. Bank of America lied about billions in bonuses. Goldman Sachs failed to tell clients how it put together the born-to-lose toxic mortgage deals it was selling. What's more, many of these companies had corporate chieftains whose actions cost investors billions - from AIG derivatives chief Joe Cassano, who assured investors they would not lose even "one dollar" just months before hi
Paul Merrell

Wyden Statement at Senate Intelligence Committee's Open Hearing | Press Releases | U.S.... - 0 views

  • U.S. Senator Ron Wyden (D-Ore.) delivered the following statement prior to questioning senior Intelligence Community officials during the Senate Intelligence Committee’s open hearing. Wyden is a senior member of the Intelligence committee. “The men and women of America’s intelligence agencies are overwhelmingly dedicated professionals and they deserve to have leadership that is trusted by the American people. Unfortunately, that trust has been seriously undermined by senior officials’ reckless reliance on secret interpretations of the law and battered by years of misleading and deceptive statements that senior officials made to the American people. These statements did not protect sources and methods that were useful in fighting terror. Instead they hid bad policy choices and violations of the liberties of the American people. For example, the director of the NSA said publicly that the NSA doesn’t hold data on U.S. citizens. That was obviously untrue.  Justice Department officials testified that section 215 of the Patriot Act is analogous to grand jury subpoena authority. And that deceptive statement was made on multiple occasions. Officials also suggested that the NSA doesn’t have the authority to read Americans’ emails without a warrant but the FISA court opinions declassified last August showed that wasn’t true either.
  • The statement and subsequent questions may be viewed below or here:
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    Ron Wyden comes out swinging at a Senate hearing, giving 3 examples of lies about digital surveillance told to Congress by intelligence officials and DoJ. Then he presses DNI Clapper, CIA head Brennan, and FBI head Comey to provide by dates certain written public answers to a series of questions that he had previously asked in writing but never received answers on. All three said they would provide the answers, Clapper within 30 days and the other two within 7 days.  The questions themselves are extremely important, about the government's interpretation of legal authorities to conduct warrantless searches and in the case of the CIA, whether it is subject to the Computer Fraud and Abuse Act. That Act provides for criminal penalties and civil damages for accessing a "protected computer" (essentially any computer connected to the internet, whether in the U.S. or abroad) or activating any command or installing any malware on a protected computer. See generally, http://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act That question suggests that Wyden and his staff are boring into issues involving the government breaking into computers to access private data. Another question asked whether the government claimed the authority to access private data stored in the cloud without a warrant.  This is a short video well worth the watching time.
Paul Merrell

Senate Investigation of Bush-Era Torture Erupts Into Constitutional Crisis | The Nation - 0 views

  • 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.”
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  • Feinstein included an interesting aside in her speech. “Let me note: because the CIA has refused to answer the questions in my January 23 letter, and the CIA inspector general review is ongoing, I have limited information about exactly what the CIA did in conducting its search.”
  • Also: remember that earlier this year, in response to a question from Senator Bernie Sanders, the National Security Agency did not expressly deny spying on Congress. The NSA may just have been being careful with its language, reasoning that since bulk data collection exists, perhaps members of Congress were caught up in it. But the question remains: if the CIA felt justified spying on Senate computers, may it have listened in on phone calls as well?
  • Feinstein’s grave concerns were echoed Tuesday morning by Senator Patrick Leahy, chair of the Senate Judiciary Committee. “This is not just about getting to the truth of the CIA’s shameful use of torture. This is also about the core founding principle of the separation of powers, and the future of this institution and its oversight role,” Leahy said in a statement. “The Senate is bigger than any one Senator. Senators come and go, but the Senate endures. The members of the Senate must stand up in defense of this institution, the Constitution, and the values upon which this nation was founded.”
  • Underlying this constitutional crisis is a desire by many at the CIA to sweep the Bush-era torture abuses under the rug. That logically would be the clear motivating factor in seizing the Panetta review from Senate investigators. And Brennan wasn’t afraid to keep pushing that approach—even during the same Tuesday interview with NBC’s Mitchell in which he denied “spying” on the Senate. Brennan also said that the CIA’s history of detention and interrogation should be “put behind us.” (It should be noted, of course, that there is strong circumstantial evidence that Brennan himself was complicit in the illegal torture program when he served in the Bush administration.) In the wake of her revelations on Tuesday, Feinstein renewed her desire to declassify the Senate report. “We’re not going to stop. I intend to move to have the findings, conclusions and the executive summary of the report sent to the president for declassification and release to the American people,” she said, and suggested the findings will shock the public. “If the Senate can declassify this report, we will be able to ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted.”
  • Obama has long said he supports declassification, and it seems it will happen soon. Tuesday, Feinstein was already moving to hold a committee vote on declassification. Committee Republicans will likely oppose it, but independent Senator Angus King, the swing vote, told reporters he is inclined to vote for declassification.
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    Note the error in the last quoted paragraph: Obama has said he supports declassification of the Senate report's *findings," not the entire report. That's likely over a 6,000-page difference.
Paul Merrell

Conflict Erupts in Public Rebuke on C.I.A. Inquiry - NYTimes.com - 0 views

  • A festering conflict between the Central Intelligence Agency and its congressional overseers broke into the open Tuesday when Senator Dianne Feinstein, chairwoman of the Intelligence Committee and one of the C.I.A.’s staunchest defenders, delivered an extraordinary denunciation of the agency, accusing it of withholding information about its treatment of prisoners and trying to intimidate committee staff members investigating the detention program.Describing what she called a “defining moment” for the oversight of American spy agencies, Ms. Feinstein said the C.I.A. had removed documents from computers used by Senate Intelligence Committee staff members working on a report about the agency’s detention program, searched the computers after the committee completed its report and referred a criminal case to the Justice Department in an attempt to thwart their investigation.
  • Ms. Feinstein’s disclosures came a week after it was first reported that the C.I.A. last year had monitored computers used by her staff in an effort to learn how the committee may have gained access to the agency’s own internal review of the detention and interrogation program that became perhaps the most criticized part of the American government’s response to the Sept. 11, 2001, attacks. Ms. Feinstein said the internal review bolstered the conclusions of the committee’s still-classified report on the program, which President Obama officially ended in January 2009 after sharply criticizing it during the 2008 presidential campaign. For an intelligence community already buffeted by controversies over electronic surveillance and armed drone strikes, the rupture with Ms. Feinstein, one of its closest congressional allies, could have broad ramifications.
  • “Feinstein has always pushed the agency in private and defended it in public,” said Amy B. Zegart, who studies intelligence issues at Stanford University. “Now she is skewering the C.I.A. in public. This is a whole new world for the C.I.A.”Ms. Feinstein, who had refused to comment on the dispute between the C.I.A. and her committee, took the Senate floor on Tuesday morning to say the agency’s actions had breached constitutional provisions for the separation of powers and “were a potential effort to intimidate.” “How this will be resolved will show whether the Intelligence Committee can be effective in monitoring and investigating our nation’s intelligence activities, or whether our work can be thwarted by those we oversee,” she said.
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  • The dispute came to a head in mid-January when Mr. Brennan told members of the committee that the agency had carried out a search of computers used by committee investigators at a C.I.A. facility in Northern Virginia, where the committee was examining documents the agency had made available for its report. Ms. Feinstein said on Tuesday that during the meeting, Mr. Brennan told her that the C.I.A. had searched a “walled-off committee network drive containing the committee’s own internal work product and communications” and that he was going to “order further forensic evidence of the committee network to learn more about activities of the committee’s oversight staff.”
  • The C.I.A. had carried out the search to determine whether committee investigators may have gained unauthorized access to the internal review of the detention program that the agency had carried out without informing the committee. Ms. Feinstein on Tuesday vigorously disputed this allegation, saying the document had been included — intentionally or not — as part of a dump of millions of pages the C.I.A. had provided for the Intelligence Committee.
  • Mr. Brennan, in a January letter to Ms. Feinstein that a government official who did not want to be identified released on Tuesday, said the committee had not been entitled to the internal review because it contained “sensitive, deliberative, pre-decisional C.I.A. material”— and therefore was protected under executive privilege considerations. The letter, attached to a statement that Mr. Brennan issued to the agency’s employees on Tuesday, raised questions about Ms. Feinstein’s statements earlier in the day concerning at what point the committee came into possession of the internal review. The C.I.A.’s acting general counsel has referred the matter to the Justice Department as a possible criminal offense, a move Ms. Feinstein called a strong-arm tactic by someone with a conflict of interest in the case. She said that that official had previously been a lawyer in the C.I.A.’s Counterterrorism Center — the section of the spy agency that was running the detention and interrogation program — and that his name is mentioned more than 1,600 times in the committee’s report. Ms. Feinstein did not name the lawyer, but she appeared to be referring to Robert Eatinger, the C.I.A.’s senior deputy general counsel. In 2007, The New York Times reported that when a top C.I.A. official in 2005 destroyed videotapes of brutal interrogations of Al Qaeda detainees, Mr. Eatinger had been one of two lawyers to approve their destruction.
  • Ms. Feinstein said that on two occasions in 2010, the C.I.A. had removed documents totaling hundreds of pages from the computer server used by her staff at the Northern Virginia facility. She did not provide any details about the documents, but said that when committee investigators confronted the C.I.A. they received a number of answers — first a denial that the documents had been removed, then an explanation that they had been removed by contractors working at the facility, then an explanation that the removal of documents was ordered by the White House. When the committee approached the White House, she said, it denied giving such an order.Ms. Feinstein’s broadside rallied Senate Democrats, but divided Republicans.
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    The separation of powers Constitutional issue here is plain. The Senate has oversight of the CIA; the CIA has no lawful oversight of the Senate and furthermore is forbidden by law from conducting surveillance within the U.S. But the CIA spied on the Senate, then used evidence it found to file a criminal complaint with the DoJ against Senate staffers. Tit for tat, a criminal complaint has been filed against the CIA staffers.   
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