Skip to main content

Home/ Socialism and the End of the American Dream/ Group items tagged Feinstein

Rss Feed Group items tagged

Paul Merrell

U.S. officials don't know how much secret material Snowden took | Reuters - 0 views

  • U.S. intelligence agencies are worried they do not yet know how much highly sensitive material is in the possession of former National Security Agency contractor Edward Snowden, whose whereabouts are unclear, several U.S. officials said. The agencies fear that Snowden may have taken many more documents than officials initially estimated and that his alliance with WikiLeaks founder Julian Assange increases the likelihood that they will be made public without considering the security implications, they said.Investigators believe Snowden, who was working in Hawaii for an NSA contractor, was partly successful at covering his tracks as he accessed a broad array of information about operations conducted by NSA and its British equivalent, Government Communications Headquarters (GCHQ), according to the sources, who declined to be identified.
  • In a weekend television appearance, the chairwoman of the Senate Intelligence Committee, Senator Dianne Feinstein, said she had been informed by U.S. officials that Snowden possessed around 200 secret documents.But one non-government source familiar with Snowden's materials said that Feinstein grossly understated the size of Snowden's document haul and that he left for Hong Kong with thousands of documents copied from the NSA files.Two U.S. national security sources that were among the people Reuters spoke to confirmed that investigators believe Snowden possesses a substantial amount of secret material, though they declined to discuss numbers.
  •  
    Sen. Feinstein needs to come up with better sources at NSA. Several times in the current NSA documents scandal she has made statements later proved to be incorrect. Here is the latest. Which raises the question about how effective Congressional oversight of the NSA is if even the chairwoman of the Senate Select Committee on Intelligence is given incorrect information. 
Paul Merrell

In Hearing on Internet Surveillance, Nobody Knows How Many Americans Impacted in Data C... - 0 views

  • The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”
  • Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 
  • The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:
  • ...2 more annotations...
  • Senator Leahy, they don’t. The minimization procedures call for the deletion of innocent Americans’ information upon discovery to determine whether it has any foreign intelligence value. But what the board’s report found is that in fact information is never deleted. It sits in the databases for 5 years, or sometimes longer. And so the minimization doesn’t really address the privacy concerns of incidentally collected communications—again, where there’s been no warrant at all in the process… In the United States, we simply can’t read people’s emails and listen to their phone calls without court approval, and the same should be true when the government shifts its attention to Americans under this program. One of the most startling exchanges from the hearing today came toward the end of the session, when Senator Dianne Feinstein—who also sits on the Intelligence Committee—seemed taken aback by Ms. Goitein’s mention of “backdoor searches.” 
  • Feinstein: Wow, wow. What do you call it? What’s a backdoor search? Goitein: Backdoor search is when the FBI or any other agency targets a U.S. person for a search of data that was collected under Section 702, which is supposed to be targeted against foreigners overseas. Feinstein: Regardless of the minimization that was properly carried out. Goitein: Well the data is searched in its unminimized form. So the FBI gets raw data, the NSA, the CIA get raw data. And they search that raw data using U.S. person identifiers. That’s what I’m referring to as backdoor searches. It’s deeply concerning that any member of Congress, much less a member of the Senate Judiciary Committee and the Senate Intelligence Committee, might not be aware of the problem surrounding backdoor searches. In April 2014, the Director of National Intelligence acknowledged the searches of this data, which Senators Ron Wyden and Mark Udall termed “the ‘back-door search’ loophole in section 702.” The public was so incensed that the House of Representatives passed an amendment to that year's defense appropriations bill effectively banning the warrantless backdoor searches. Nonetheless, in the hearing today it seemed like Senator Feinstein might not recognize or appreciate the serious implications of allowing U.S. law enforcement agencies to query the raw data collected through these Internet surveillance programs. Hopefully today’s testimony helped convince the Senator that there is more to this topic than what she’s hearing in jargon-filled classified security briefings.
  •  
    The 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and *particularly describing the place to be searched, and the* persons or *things to be seized."* So much for the particularized description of the place to be searched and the thngs to be seized.  Fah! Who needs a Constitution, anyway .... 
Paul Merrell

Senators clash with Justice Department lawyer over CIA intelligence memos | World news ... - 0 views

  • An argument about a secret congressional committee's ability to review the US intelligence agencies exploded into rare public view on Tuesday as angry senators demanded legal memos from a nominee to run the CIA's legal office. Caroline Krass, a top justice department lawyer, sparked the ire of several Senate intelligence committee members by claiming that crucial legal opinions about intelligence matters were beyond the scope of the committee. Asked directly and repeatedly if the Senate panel was entitled to the memos, which several senators claimed were crucial for performing their oversight functions, Krass replied: "I do not think so, as a general matter." Dianne Feinstein, the California Democrat who chairs the committee, suggested that Krass placed her nomination as CIA general counsel in jeopardy. "You are going to encounter some heat in that regard," Feinstein said.
  • The Senate intelligence committee, whose public hearings are increasingly rare, is usually a bastion of support for the CIA and its sister intelligence agencies. The exception is the committee's prolonged fight with the CIA over a 6,300-page report on the agency's torture of terrorism detainees in its custody since 9/11. The committee has prepared its report for years; the former chairman, Jay Rockefeller of West Virginia, said the classified version contains 50,000 footnotes. For a year, the panel has sought to release a public version that multiple members of the panel say documents both the brutality of CIA torture and what they have called "lies" told by the CIA to the oversight committees in Congress and the rest of the executive branch concerning its torture practices. CIA director John Brennan, who was a senior CIA official during the years scrutinised by the committee, is resisting release of the report. The CIA has told reporters that the report contains numerous factual errors, which Senator Mark Udall, a Colorado Democrat on the panel, said on Tuesday was a "misleading" and self-serving description of differences of "interpretation" between the agency and the committee. "I'm more confident than ever in the factual accuracy" of the torture report, Udall said.
  • The panel said at the hearing that the CIA is stalling on the provision of documents to the committee that will help it complete its work. Krass, a former White House official who worked alongside Brennan there, did not assure the committee she would help provide them. Krass said the general counsel of the CIA had a "duty and obligation to make sure the committee understands the legal basis" for CIA activities. She worried that disclosure of the legal memos themselves would inhibit the executive branch from candidly discussing policy proposals for fear of embarrassing public disclosure. Several senators found Krass's statement insufficient. Carl Levin, a Michigan Democrat who has investigated torture while serving on the Armed Services Committee as well, asked if the committee was "entitled" to the opinions as a matter of oversight. Krass said her "caveated answer" was, "I do not think so, as a general matter." It is unclear if the committee will reject Krass's nomination. But the two-hour exchange highlighted the difficulties the intelligence committees can face in getting basic factual information from the intelligence agencies they are tasked with overseeing.
  • ...1 more annotation...
  • Those difficulties carry over to the ongoing controversy about the NSA's bulk surveillance activities, Udall and his colleague Ron Wyden of Oregon have charged. But they are the only dissenters on a committee that has been stalwart in favour of the NSA, even as the committee is feuding with the CIA. Feinstein got Krass to say she disagreed with a federal judge's opinion on Monday that the NSA's bulk surveillance of US phone data was likely unconstitutional. Krass, who would have a limited ability to oversee that program at CIA but likely has insight into it through her Justice Department role, disputed Judge Richard Leon's assessment that such constitutional protections surround that data. "I have a different view about the Fourth Amendment," Krass said. Feinstein said she agreed with Krass, but said no one on the committee wished to contravene the constitution, urging the Supreme Court to settle the issue.
  •  
    John Kennedy had the right idea: abolish the CIA. 
Paul Merrell

The Ron Paul Institute for Peace and Prosperity : If Spying on Senate is So Bad, Why is... - 0 views

  • The reaction of Sen. Dianne Feinstein (D-CA) to last week’s revelations that the CIA secretly searched Senate Intelligence Committee computers reveals much about what the elites in government think about the rest of us. “Spy on thee, but not on me!”   The hypocrisy of Sen. Feinstein is astounding. She is the biggest backer of the NSA spying on the rest of us, but when the tables are turned and her staff is the target she becomes irate. But there is more to it than that. There is an attitude in Washington that the laws Congress passes do not apply to Members. They can trample our civil liberties, they believe, but it should never affect their own freedom.
  • Remember that much of this started when politicians rushed to past the PATRIOT Act after 9/11. Those of us who warned that such new powers granted to the state would be used against us someday were criticized as alarmist and worse. The violations happened just as we warned, but when political leaders discovered the breach of our civil liberties they did nothing about it. It was not until whistleblowers like Edward Snowden and others informed us of the abuses that the “debate” over surveillance that President Obama claimed to welcome could even begin to take place! Left to politicians like Dianne Feinstein, Mike Rogers, and President Obama, we would never have that debate because we would not know.
Paul Merrell

White House rejects clemency for Edward Snowden over NSA leaks | World news | theguardi... - 0 views

  • The White House and leading lawmakers have rejected Edward Snowden's plea for clemency and said he should return to the United States to face trial.Dan Pfeiffer, an Obama administration adviser, said on Sunday the NSA whistleblower's request was not under consideration and that he should face criminal charges for leaking classified information. Dianne Feinstein and Mike Rogers, respectively the heads of the Senate and House intelligence committees, maintained the same tough line and accused Snowden of damaging US interests.The former NSA employee this week appealed for clemency and an opportunity to address members of Congress about US surveillance. He also asked for international help to lobby the US to drop the charges against him. The White House, stung by domestic and international criticism, has shown growing appetite to rein in some of the NSA programmes that Snowden exposed but it has not softened its hostility to the 30-year-old fugitive.
Paul Merrell

Fire the Liar | War Is A Crime .org - 0 views

  • Obama Urged to Fire DNI Clapper December 11, 2013 (Editor Note)  Last March – before Edward Snowden revealed the NSA’s sweeping collection of phone and other data – Director of National Intelligence James Clapper said no such operation existed. Now, a group of ex-national security officials urge President Obama to fire Clapper. MEMORANDUM FOR: The President FROM: Veteran Intelligence Professionals for Sanity (VIPS) SUBJECT: Fire James Clapper
  • We wish to endorse the call by Rep. James Sensenbrenner Jr., Chair of the Subcommittee on Crime, Terrorism, and Homeland Security, Committee on the Judiciary, that Director of National Intelligence James Clapper should be removed and prosecuted for lying to Congress. “Lying to Congress is a federal offense, and Clapper ought to be fired and prosecuted for it,” the Wisconsin Republican said in an interview with The Hill. “The only way laws are effective is if they’re enforced.” Sensenbrenner added, “If it’s a criminal offense — and I believe Mr. Clapper has committed a criminal offense — then the Justice Department ought to do its job.”
  • This brief Memorandum is to inform you that we agree that no intelligence director should be able to deceive Congress and suffer no consequences. No democracy that condones such deceit at the hands of powerful, secretive intelligence directors can long endure. It seems clear that you can expect no help from Sen. Dianne Feinstein, chair of the Senate Intelligence Committee, to which Clapper has apologized for giving “clearly erroneous” testimony, and who, at the height of the controversy over his credibility, defended him as a “direct and honest” person. You must be well aware that few amendments to the U.S. Constitution are as clear as the fourth:
  • ...2 more annotations...
  • “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Even the cleverest lawyers cannot square with the Fourth Amendment many of the NSA activities that Clapper and Feinstein have defended, winked at, or lied about. Only you can get rid of James Clapper. We suspect that a certain awkwardness — and perhaps also a misguided sense of loyalty to a colleague — militate against your senior staff giving you an unvarnished critique of how badly you have been served by Clapper. And so we decided to give you a candid reminder from us former intelligence and national security officials with a total of hundreds of years of experience, much of it at senior levels, in the hope you will find it helpful. Statements by DNI Clapper re Eavesdropping on Americans
  • Mr. President, are you not also troubled by those misleading statements? We strongly believe you must fire Jim Clapper for his lies to the Congress and the American people and that you must appoint someone who will tell the truth. * * * For the Steering Group, Veteran Intelligence Professionals for Sanity
  •  
    Veteran Intelligence Professionals for Sanity call on Obama to sack Director of National Intelligence James Clapper for perjured testimony to Congress and lying to the public, with a nice collection of Clapper's lies. And Sen. Diane Feinstein gets a share of their wrath.  In my book both Clapper and Gen. Keith Alexander must be fired in disgrace else the message to the intelligence community is that there is no penalty for lying to Congress and the People, which can only encourage further lies.  Moreover, it send a message to the People that the President is more loyal to his henchmen than he is to the public's interest.
Paul Merrell

Investigators Said to Seek No Penalty for C.I.A.'s Computer Search - NYTimes.com - 0 views

  • A panel investigating the Central Intelligence Agency’s search of a computer network used by staff members of the Senate Intelligence Committee who were looking into the C.I.A.’s use of torture will recommend against punishing anyone involved in the episode, according to current and former government officials.The panel will make that recommendation after the five C.I.A. officials who were singled out by the agency’s inspector general this year for improperly ordering and carrying out the computer searches staunchly defended their actions, saying that they were lawful and in some cases done at the behest of John O. Brennan, the C.I.A. director.While effectively rejecting the most significant conclusions of the inspector general’s report, the panel, appointed by Mr. Brennan and composed of three C.I.A. officers and two members from outside the agency, is still expected to criticize agency missteps that contributed to the fight with Congress.
  • But its decision not to recommend anyone for disciplinary action is likely to anger members of the Intelligence Committee, who have accused the C.I.A. of trampling on the independence of Congress and interfering with its investigation of agency wrongdoing. The computer searches occurred late last year while the committee was finishing an excoriating report on the agency’s detention and interrogation program.The computer search raised questions about the separation of powers and caused one of the most public rifts in years between the nation’s intelligence agencies and the Senate oversight panel, which conducts most of its business in secret. It led to an unusually heated and public rebuke by Senator Dianne Feinstein, the California Democrat who is the committee’s chairwoman.
  •  
    Let's be clear. Feinstein properly raised the Separation of Powers issue but did not raise the even more clear violation of criminal law prohibiting unauthorized hacking into a computer system. The CIA is expressly prohited from engaging in domestic surveillance, so the criminal violation is exceedingly clear.
Paul Merrell

Senators: CIA 'Misleading' Public Over Secret Torture Report - 0 views

  • U.S. senators openly castigated the Central Intelligence Agency on Tuesday for delaying the release of a long-awaited report on torture and secret prisons during the Bush era. Despite earlier comments that the committee, which commissioned the report, and the CIA were reaching an agreement on portions the controversial 6,000-page study, progress on its declassification is once again stymied. Meanwhile, long-simmering disagreements about the accuracy of the interrogation report have exploded into public view.  "I'm convinced more than ever that we need to declassify the report so that those with a political agenda can no longer manipulate public opinion," said Sen. Martin Heinrich (D-NM), referring to the CIA. "He's mad. I'm mad. We're all mad," added Sen. John D. Rockefeller (D-WV).
  • The interrogation report is the product of three year's work and $40 million in preparation costs. Ever since its completion one year ago last week, there's been strong disagreement among intelligence officials and lawmakers over how much information the public should be allowed to read,
  • Last week, the CIA insisted it was "prepared to work with the Committee." It highlighted the written response it gave to the committee in late June. "Our response agreed with a number of the study's findings, but also detailed significant errors in the study," said CIA spokesman Dean Boyd. That public remark concerning factual errors infuriated Senate Democrats despite the fact that it's been the CIA's position for months. "I am outraged that the CIA continues to make misleading statements about the committee's study of the CIA's interrogation program," said Heinrich. "There is only one instance in which the CIA pointed out a factual error in the study -- a minor error that has been corrected. For the rest, where the committee and the CIA differ, we differ on interpretation and conclusions from an agreed upon factual record."
  • ...3 more annotations...
  • "You can't publicly call our differences of opinion significant errors in press releases," he said. "It's misleading. These are not factual errors." What exactly the two sides disagree on is a mystery because the report remains classified.
  • Officials who are familiar with the report's conclusions say that it offers detailed examples of how subjecting prisoners to harsh interrogations, including what human rights groups and others call torture, may have been counterproductive, and that the techniques didn't produce any leads that helped the CIA find Osama bin Laden, as some current and former CIA officials claim. Feinstein said in a statement last year that the CIA had made "terrible mistakes" by interrogating suspects in secret prisons, and that the report "will settle the debate once and for all over whether our nation should every employ coercive interrogation techniques."
  • In an interesting disclosure, Sen. Mark Udall (D-CO) noted that an internal CIA report exists that he says "is consistent with the Intelligence Committee's report" and differs from the CIA's official response to the committee. Udall said he and the committee would like to examine that report. When contacted, the CIA told The Cable, "We're aware of the Committee's request and will respond appropriately." One thing that is clear: Despite the fact that Feinstein said the committee would vote "shorty" to declassify the report, it's a near-certainty that the vote won't happen before the Senate breaks for recess given ongoing disputes between the committee and agency. Feinstein appeared visibly frustrated. "Let's get on with it," she said. "Let's vote to declassify."
  •  
    Interesting. We may get to read more of the report than I had expected. Cross-reference: UN Convention against Torture, http://www.un.org/documents/ga/res/39/a39r046.htm
Paul Merrell

Dianne Feinstein statement on CIA torture report 'cover-up' - full text | World news | ... - 0 views

  • Senate intelligence committee chair accuses CIA of intimidation in effort to block publication of controversial torture report
  •  
    Bookmarked for later research.
Paul Merrell

NSA giving 'a lot of thought' to privacy rights of overseas citizens - top lawyer | Wor... - 0 views

  • The top lawyer for the US intelligence community and the National Security Agency said on Wednesday that the spy agencies are giving new consideration to the privacy rights of non-Americans in the wake of a diplomatic row over the surveillance of foreign leaders. Speaking at a conference on national security law sponsored by the American Bar Association on Thursday, the general counsel for the office of the director of national intelligence, Robert Litt, said intelligence chiefs were giving "a lot of thought" to the issue. His comments came a day after General Keith Alexander, the NSA director, stated that the spy agency is open to scaling back some of its operations on foreign leaders, following an unfolding diplomatic crisis sparked by revelations that the NSA spied on German chancellor Angela Merkel. 
  • US law provides greater legal protection to those defined as "US persons", which includes American citizens and foreigners living in the US. "On the issue of US person versus non-US person, that’s an issue we’re giving a lot of thought to now,” said Litt. “It’s not surprising that the law gives more protections to US citizens or persons who are in this country,” Litt added. “That doesn’t mean that we have no protection for non-US persons, and the principal protection we have is the requirement that the collection, retention and dissemination of information has to be for a valid foreign intelligence purpose.” Litt said the intelligence agencies were “giving some thought to whether there are ways that we can both introduce a little more rigor into that requirement and perhaps a little more transparency into how we enforce that requirement.” Litt and NSA general counsel Rajesh De would not answer a question from the Guardian about the legal basis for a different, unfolding NSA controversy: the new allegation that the NSA intercepts data transiting between the foreign data centers of Google and Yahoo, two longtime NSA partners, published in the Washington Post.
  • But De took issue with a suggestion that the Post story prompted that the NSA interception would at times rely on a seminal executive order that defines basic powers and operations of the intelligence agencies, known as Executive Order 12333, rather than the relatively restrictive Foreign Intelligence Surveillance Act, or Fisa. “The implication, the insinuation, the suggestion or the outright statement that an agency like NSA would use authority under Executive Order 12333 to evade, skirt or go around Fisa is simply inaccurate,” De said. On Tuesday, the director of national intelligence, James Clapper, testified to the House intelligence panel that they considered US corporations to be “US persons,” meaning their communications and associated data enjoyed legal privileges associated with citizenship. But neither Litt nor De would explain whether that category protected communications data transiting between the data centers of US companies.
  • ...2 more annotations...
  • Both Litt and De spoke hours before the Senate intelligence committee was due to begin a second day of considering chairwoman Dianne Feinstein’s proposal to increase transparency around the NSA’s surveillance activities. A Tuesday afternoon markup session of the bill – whose text is not yet public – went uncompleted. Feinstein, previously an unequivocal supporter of the NSA, unexpectedly criticized the agency’s surveillance on foreign leaders, a relatively traditional surveillance function. Feinstein on Monday declared herself “totally opposed” to the collection and suggested her oversight committee was not “fully informed” of the practice. A similar rift has emerged between NSA and the White House over how much President Obama knew about the spying, which US officials have said does not currently take place and will not resume. Litt appeared to concede that Obama himself may not have known about spying on Merkel, but contended that the White House and Senate intelligence committee had all the information necessary to understand it was taking place.
  • “I completely disagree with the proposition that the fact that the president and the chairman of the Senate intelligence committee didn’t know every single one of these selectors the NSA was tasking means there is ineffective oversight,” Litt said. “What the president knew and what the Senate intelligence committee knows: they know what our intelligence priorities are. Those are set annually through the interagency process. That says, here’s the kind of information we need to collect. And that gets sent out to the intelligence community and then the intelligence community, through a process that works down through the ranks, figures out what’s the best way to select that. “It’s very easy in hindsight to say, well, this particular selector was sensitive and so the president should have been told that,” Litt continued. “That’s always true in hindsight. Virtually everything we do, if it comes out, is going to be embarrassing.”
  •  
    So if they're not relying on either FISA or EO 12333, are they simply ignoring any legal restraints on the Agency? It's interesting that the NSA house of cards only crumbled with the announcement of spying on 35 foreign national leaders. Personally, I'd vote for putting the leader of every nation in a glass house, butt naked, and able to communicate with others only through a loudspeaker/broadcast system audible to everyone in the world. Secrecy in government is the problem, not a solution. 
Paul Merrell

John Kerry admits: some US surveillance has gone too far | World news | theguardian.com - 0 views

  • John Kerry, the US secretary of state, conceded on Thursday that some of the country's surveillance activities had gone too far, saying that certain practices had occurred "on autopilot" without the knowledge of senior officials in the Obama administration.In the most stark comments yet by a senior administration official, Kerry promised that a previously announced review of surveillance practices would be thorough and that some activities would end altogether."The president and I have learned of some things that have been happening in many ways on an automatic pilot, because the technology is there and the ability is there," he told a conference in London via video link."In some cases, some of these actions have reached too far and we are going to try to make sure it doesn't happen in the future."
  • In recent days, the Obama administration has put some distance between it and the National Security Agency (NSA). Kerry's comments are a reflection in particular of a concern about the diplomatic fallout from the revelation that the US monitored the cellphone of the German chancellor, Angela Merkel.The tactic has irritated senior intelligence officials. On Thursday evening, the director of the NSA, General Keith Alexander, blamed US diplomats for requests to place foreign leaders under surveillance.During a pointed exchange with a former US ambassador to Romania, James Carew Rosapepe, Alexander said: "We, the intelligence agencies, don't come up with the requirements. The policy-makers come up with the requirements."He added: "One of those groups would have been, let me think, hold on, oh: ambassadors."
  • Alexander said that the NSA collected information when it was asked by policy officials to discover the "leadership intentions" of foreign countries. "If you want to know leadership intentions, these are the issues," he said at a discussion hosted by the Baltimore Council on Foreign Relations.Earlier in Washington, the debate continued about whether further legal constraints should be placed on the NSA. The Senate intelligence committee approved a bill that placed largely cosmetic restrictions on the National Security Agency's domestic surveillance programme.The bill, sponsored by committee chairwoman Dianne Feinstein, a California Democrat, allows the NSA continue to collect phone metadata of millions of Americans for renewable 90-day periods, but orders it to be more transparent about the practice.
  • ...4 more annotations...
  • The bill, which is competing with more restrictive measures from other committees, now moves forward to a full Senate vote. The stage is now set for a showdown with the USA Freedom Act, a bipartisan bill that would prohibit bulk collection of Americans' telephone records.Senator Mark Udall, a Democratic member of the Senate intelligence committee and a supporter of NSA reform, said it did not go far enough."The NSA's invasive surveillance of Americans' private information does not respect our constitutional values and needs fundamental reform, not incidental changes," he said.
  • In a separate development on Thursday, a group of technology giants called for substantial reforms to the US government's surveillance programmes. The companies were furious about revelations this week – the latest to emerge from documents leaked by the former NSA contractor Edward Snowden – that the agency had intercepted the cables that link the worldwide data centres belonging to Google and Yahoo.It was also reported that Obama had ordered the NSA to stop eavesdropping on the headquarters of the International Monetary Fund (IMF) and World Bank. Reuters cited a US official as saying the president had ordered the halt in the past few weeks.The NSA's surveillance of the IMF and World Bank has not previously been disclosed.
  • In response to Reuters inquiries, a senior Obama administration official said, "The United States is not conducting electronic surveillance targeting the headquarters of the World Bank or IMF in Washington." The Obama administration official, who spoke on condition of anonymity, did not address whether the NSA had eavesdropped on the two entities in the past.Kerry, in his comments to a conference organised by the Open Government Partnership, acknowledged that trust needed to be restored. "There is an effort to try to gather information, yes, in same cases inappropriately, and the president is now doing a thorough review, in order that nobody will have a sense of abuse," he said.Despte the cracks between the administration and the spy community, Kerry was careful to defended the motives of US intelligence agencies, insisting no "innocent people" were being abused and saying surveillance by several countries had prevented many terrorist plots.
  • A German MP said he met Snowden in Moscow on Thursday, and said the NSA whistelblower was prepared in principle to help Germany investigate allegations of surveillance by US intelligence.Hans-Christian Stroebele, a lawmaker with Germany's opposition Greens and a prominent critic of the NSA's alleged actions, told ARD television that Snowden "made clear he knows a great deal."He said Snowden would be prepared to travel to Germany and testify, "but the circumstances would have to be cleared up".
  •  
    Looks like maybe Snowden is now a hero in Germany and may be allowed to travel there. Meanwhile, the Obama Administration rats continue to desert the sinking NSA ship, but Diane Feinstein fights on to preserve mass surveillance. 
Paul Merrell

Sen. Dianne Feinstein's New NSA Bill Will Codify and Extend Mass Surveillance of Americ... - 0 views

  • Sen. Dianne Feinstein, the chairman of the Senate Intelligence Committee and one of the NSA’s biggest defenders, released what she calls an NSA “reform” bill today. Don’t be fooled: the bill codifies some of the NSA’s worst practices, would be a huge setback for everyone’s privacy, and it would permanently entrench the NSA’s collection of every phone record held by U.S. telecoms.
Paul Merrell

Ex-Chief of C.I.A. Shapes Response to Detention Report - NYTimes.com - 0 views

  • Just after the Senate Intelligence Committee voted in April to declassify hundreds of pages of a withering report on the Central Intelligence Agency’s detention and interrogation program, C.I.A. Director John O. Brennan convened a meeting of the men who had played a role overseeing the program in its seven-year history.The spies, past and present, faced each other around the long wooden conference table on the seventh floor of the C.I.A.’s headquarters in Northern Virginia: J. Cofer Black, head of the agency’s counterterrorism center at the time of the Sept. 11 attacks; the undercover officer who now holds that job; and a number of other former officials from the C.I.A.’s clandestine service. Over the speakerphone came the distinctive, Queens-accented voice of George J. Tenet.
  • Over the past several months, Mr. Tenet has quietly engineered a counterattack against the Senate committee’s voluminous report, which could become public next month. The effort to discredit the report has set up a three-way showdown among former C.I.A. officials who believe history has been distorted, a White House carefully managing the process and politics of declassifying the document, and Senate Democrats convinced that the Obama administration is trying to protect the C.I.A. at all costs.The report is expected to accuse a number of former C.I.A. officials of misleading Congress and the White House about the program and its effectiveness, but it is Mr. Tenet who might have the most at stake.
  • Mr. Tenet, who declined to be interviewed for this article, has arranged a number of conference calls with former C.I.A. officials to discuss the impending report. After private conversations with Mr. Brennan, he and two other former C.I.A. directors — Porter J. Goss and Michael V. Hayden — drafted a letter to Mr. Brennan asking that, as a matter of fairness, they be allowed to see the report before it was made public. Describing the letter, one former C.I.A. officer who spoke on condition of anonymity said that the former directors “think that those people who were heavily involved in the operations have a right to see what’s being said about them.”Mr. Brennan then passed the letter to Senator Dianne Feinstein, the California Democrat who is chairwoman of the Senate Intelligence Committee.
  • ...4 more annotations...
  • Ms. Feinstein agreed to let a group of former senior C.I.A. officials read a draft of the report, although she initially insisted they be allowed to review it only at the committee’s office. Officials said President Obama’s chief of staff, Denis McDonough, intervened and brokered an arrangement in which the officials could read an unredacted version of the report inside a secure room at the office of the Director of National Intelligence. Ms. Feinstein declined to comment.
  • “While former C.I.A. officials may be working to hide their own past wrongs, there’s no reason Brennan or any other current C.I.A. official should help facilitate the defense of the indefensible,” said Christopher Anders, senior legislative counsel at the American Civil Liberties Union.Spokesmen for the C.I.A. and the White House declined to comment.
  • The April meeting at C.I.A. headquarters highlighted how much of the agency is still seeded with officers who participated in the detention and interrogation program, which Mr. Obama officially ended during his first week in office in 2009.At one point during the meeting, the current head of the counterterrorism center, an officer with the first name Mike, told Mr. Brennan that roughly 200 people under his leadership had at some point participated in the interrogation program. They wanted to know, he said, how Mr. Brennan planned to defend them in public against accusations that the C.I.A. engaged in systematic torture and lied about its efficacy.
  • Mr. Tenet resigned a decade ago amid the wash of recriminations over the C.I.A.’s botched Iraq assessments, and he has given few interviews since his book tour.
  •  
    Major Obama scandal brewing here. The current head of the CIA, John Brennan, has been caught conspiring with former CIA heads and others to counter the Senate Intelligence Committee's pending report on CIA torture and extraordinary rendition, even as Brennan works to delay the report summary's publication by censoring it, resulting in delay while the Committee argues with the CIA over the deletions. All of which sharply contrasts with Obama's publicly expressed desire to have the report published promptly.    The article also makes a very strong case that those CIA officials who participated in the torture and rendition program have been enabled, on Obama's watch, to act as the censors of the Senate Report.  A must-read
Paul Merrell

Israel Spied on Iran Nuclear Talks With U.S. - WSJ - 0 views

  • Soon after the U.S. and other major powers entered negotiations last year to curtail Iran’s nuclear program, senior White House officials learned Israel was spying on the closed-door talks. The spying operation was part of a broader campaign by Israeli Prime Minister Benjamin Netanyahu’s government to penetrate the negotiations and then help build a case against the emerging terms of the deal, current and former U.S. officials said. In addition to eavesdropping, Israel acquired information from confidential U.S. briefings, informants and diplomatic contacts in Europe, the officials said.
  • The espionage didn’t upset the White House as much as Israel’s sharing of inside information with U.S. lawmakers and others to drain support from a high-stakes deal intended to limit Iran’s nuclear program, current and former officials said. “It is one thing for the U.S. and Israel to spy on each other. It is another thing for Israel to steal U.S. secrets and play them back to U.S. legislators to undermine U.S. diplomacy,” said a senior U.S. official briefed on the matter.
  • The U.S. and Israel, longtime allies who routinely swap information on security threats, sometimes operate behind the scenes like spy-versus-spy rivals. The White House has largely tolerated Israeli snooping on U.S. policy makers—a posture Israel takes when the tables are turned. The White House discovered the operation, in fact, when U.S. intelligence agencies spying on Israel intercepted communications among Israeli officials that carried details the U.S. believed could have come only from access to the confidential talks, officials briefed on the matter said. Israeli officials denied spying directly on U.S. negotiators and said they received their information through other means, including close surveillance of Iranian leaders receiving the latest U.S. and European offers. European officials, particularly the French, also have been more transparent with Israel about the closed-door discussions than the Americans, Israeli and U.S. officials said.
  • ...11 more annotations...
  • Mr. Netanyahu and Israeli Ambassador Ron Dermer early this year saw a rapidly closing window to increase pressure on Mr. Obama before a key deadline at the end of March, Israeli officials said. Using levers of political influence unique to Israel, Messrs. Netanyahu and Dermer calculated that a lobbying campaign in Congress before an announcement was made would improve the chances of killing or reshaping any deal. They knew the intervention would damage relations with the White House, Israeli officials said, but decided that was an acceptable cost. The campaign may not have worked as well as hoped, Israeli officials now say, because it ended up alienating many congressional Democrats whose support Israel was counting on to block a deal. Obama administration officials, departing from their usual description of the unbreakable bond between the U.S. and Israel, have voiced sharp criticism of Messrs. Netanyahu and Dermer to describe how the relationship has changed.
  • “People feel personally sold out,” a senior administration official said. “That’s where the Israelis really better be careful because a lot of these people will not only be around for this administration but possibly the next one as well.” This account of the Israeli campaign is based on interviews with more than a dozen current and former U.S. and Israeli diplomats, intelligence officials, policy makers and lawmakers. Weakened ties Distrust between Mr. Netanyahu and Mr. Obama had been growing for years but worsened when Mr. Obama launched secret talks with Iran in 2012. The president didn’t tell Mr. Netanyahu because of concerns about leaks, helping set the stage for the current standoff, according to current and former U.S. and Israeli officials. U.S. officials said Israel has long topped the list of countries that aggressively spy on the U.S., along with China, Russia and France. The U.S. expends more counterintelligence resources fending off Israeli spy operations than any other close ally, U.S. officials said.
  • A senior official in the prime minister’s office said Monday: “These allegations are utterly false. The state of Israel does not conduct espionage against the United States or Israel’s other allies. The false allegations are clearly intended to undermine the strong ties between the United States and Israel and the security and intelligence relationship we share.” Current and former Israeli officials said their intelligence agencies scaled back their targeting of U.S. officials after the jailing nearly 30 years ago of American Jonathan Pollard for passing secrets to Israel. While U.S. officials may not be direct targets, current and former officials said, Israeli intelligence agencies sweep up communications between U.S. officials and parties targeted by the Israelis, including Iran. Americans shouldn’t be surprised, said a person familiar with the Israeli practice, since U.S. intelligence agencies helped the Israelis build a system to listen in on high-level Iranian communications.
  • As secret talks with Iran progressed into 2013, U.S. intelligence agencies monitored Israel’s communications to see if the country knew of the negotiations. Mr. Obama didn’t tell Mr. Netanyahu until September 2013. Israeli officials, who said they had already learned about the talks through their own channels, told their U.S. counterparts they were upset about being excluded. “ ‘Did the administration really believe we wouldn’t find out?’ ” Israeli officials said, according to a former U.S. official.
  • The episode cemented Mr. Netanyahu’s concern that Mr. Obama was bent on clinching a deal with Iran whether or not it served Israel’s best interests, Israeli officials said. Obama administration officials said the president was committed to preventing Iran from developing nuclear weapons. Mr. Dermer started lobbying U.S. lawmakers just before the U.S. and other powers signed an interim agreement with Iran in November 2013. Mr. Netanyahu and Mr. Dermer went to Congress after seeing they had little influence on the White House. Before the interim deal was made public, Mr. Dermer gave lawmakers Israel’s analysis: The U.S. offer would dramatically undermine economic sanctions on Iran, according to congressional officials who took part. After learning about the briefings, the White House dispatched senior officials to counter Mr. Dermer. The officials told lawmakers that Israel’s analysis exaggerated the sanctions relief by as much as 10 times, meeting participants said.
  • When the next round of negotiations with Iran started in Switzerland last year, U.S. counterintelligence agents told members of the U.S. negotiating team that Israel would likely try to penetrate their communications, a senior Obama administration official said. The U.S. routinely shares information with its European counterparts and others to coordinate negotiating positions. While U.S. intelligence officials believe secured U.S. communications are relatively safe from the Israelis, they say European communications are vulnerable. Mr. Netanyahu and his top advisers received confidential updates on the Geneva talks from Undersecretary of State for Political Affairs Wendy Sherman and other U.S. officials, who knew at the time that Israeli intelligence was working to fill in any gaps. The White House eventually curtailed the briefings, U.S. officials said, withholding sensitive information for fear of leaks. Current and former Israeli officials said their intelligence agencies can get much of the information they seek by targeting Iranians and others in the region who are communicating with countries in the talks. In November, the Israelis learned the contents of a proposed deal offered by the U.S. but ultimately rejected by Iran, U.S. and Israeli officials said. Israeli officials told their U.S. counterparts the terms offered insufficient protections.
  • U.S. officials urged the Israelis to give the negotiations a chance. But Mr. Netanyahu’s top advisers concluded the emerging deal was unacceptable. The White House was making too many concessions, Israeli officials said, while the Iranians were holding firm. Obama administration officials reject that view, saying Israel was making impossible demands that Iran would never accept. “The president has made clear time and again that no deal is better than a bad deal,” a senior administration official said. In January, Mr. Netanyahu told the White House his government intended to oppose the Iran deal but didn’t explain how, U.S. and Israeli officials said. On Jan. 21, House Speaker John Boehner (R., Ohio) announced Mr. Netanyahu would address a joint meeting of Congress. That same day, Mr. Dermer and other Israeli officials visited Capitol Hill to brief lawmakers and aides, seeking a bipartisan coalition large enough to block or amend any deal. Most Republicans were already prepared to challenge the White House on the negotiations, so Mr. Dermer focused on Democrats. “This deal is bad,” he said in one briefing, according to participants.
  • A spokesman for the Israeli embassy in Washington, Aaron Sagui, said Mr. Dermer didn’t launch a special campaign on Jan 21. Mr. Dermer, the spokesperson said, has “consistently briefed both Republican and Democrats, senators and congressmen, on Israel’s concerns regarding the Iran negotiations for over a year.” Mr. Dermer and other Israeli officials over the following weeks gave lawmakers and their aides information the White House was trying to keep secret, including how the emerging deal could allow Iran to operate around 6,500 centrifuges, devices used to process nuclear material, said congressional officials who attended the briefings. The Israeli officials told lawmakers that Iran would also be permitted to deploy advanced IR-4 centrifuges that could process fuel on a larger scale, meeting participants and administration officials said. Israeli officials said such fuel, which under the emerging deal would be intended for energy plants, could be used to one day build nuclear bombs. The information in the briefings, Israeli officials said, was widely known among the countries participating in the negotiations. When asked in February during one briefing where Israel got its inside information, the Israeli officials said their sources included the French and British governments, as well as their own intelligence, according to people there.
  • “Ambassador Dermer never shared confidential intelligence information with members of Congress,” Mr. Sagui said. “His briefings did not include specific details from the negotiations, including the length of the agreement or the number of centrifuges Iran would be able to keep.” Current and former U.S. officials confirmed that the number and type of centrifuges cited in the briefings were part of the discussions. But they said the briefings were misleading because Israeli officials didn’t disclose concessions asked of Iran. Those included giving up stockpiles of nuclear material, as well as modifying the advanced centrifuges to slow output, these officials said. The administration didn’t brief lawmakers on the centrifuge numbers and other details at the time because the information was classified and the details were still in flux, current and former U.S. officials said. Unexpected reaction The congressional briefings and Mr. Netanyahu’s decision to address a joint meeting of Congress on the emerging deal sparked a backlash among many Democratic lawmakers, congressional aides said.
  • On Feb. 3, Mr. Dermer huddled with Sen. Joe Manchin, a West Virginia Democrat, who said he told Mr. Dermer it was a breach of protocol for Mr. Netanyahu to accept an invitation from Mr. Boehner without going through the White House. Mr. Manchin said he told Mr. Dermer he would attend the prime minister’s speech to Congress, but he was noncommittal about supporting any move by Congress to block a deal. Mr. Dermer spent the following day doing damage control with Sen. Kirsten Gillibrand, a New York Democrat, congressional aides said. Two days later, Mr. Dermer met with Sen. Dianne Feinstein of California, the top Democrat on the SenateIntelligence Committee, at her Washington, D.C., home. He pressed for her support because he knew that she, too, was angry about Mr. Netanyahu’s planned appearance. Ms. Feinstein said afterward she would oppose legislation allowing Congress to vote down an agreement.
  • Congressional aides and Israeli officials now say Israel’s coalition in Congress is short the votes needed to pass legislation that could overcome a presidential veto, although that could change. In response, Israeli officials said, Mr. Netanyahu was pursuing other ways to pressure the White House. This week, Mr. Netanyahu sent a delegation to France, which has been more closely aligned with Israel on the nuclear talks and which could throw obstacles in Mr. Obama’s way before a deal is signed. The Obama administration, meanwhile, is stepping up its outreach to Paris to blunt the Israeli push. “If you’re wondering whether something serious has shifted here, the answer is yes,” a senior U.S. official said. “These things leave scars.”
  •  
    Obama is moving preemptively to blunt Israel's influence in Congress on the Iran negotiation.
Paul Merrell

http://www.informationclearinghouse.info/article35198.htm - 0 views

  • According to a new report in The Wall Street Journal, the scope of the NSA phone monitoring includes customers of all three major phone networks—Verizon, AT&T and Sprint—as well as records from Internet service providers and purchase information from credit card providers.
  • GLENN GREENWALD: Right. Well, first of all, after our story was published, and The Washington Post published more or less simultaneously a similar story, several news outlets, including NBC News, confirmed with government officials that they in fact have exactly the access to the data that we describe. The director of national intelligence confirmed to The New York Times, by name, that the program we identify and the capabilities that we described actually exist. So, you have a situation where somebody seems to be lying. The NSA claims that these companies voluntarily allow them the access; the companies say that they never did.
  • on Thursday, Senate Intelligence Committee Chair Dianne Feinstein told reporters in the Senate gallery that the government’s top-secret court order to obtain phone records on millions of Americans is, quote, "lawful." SEN. DIANNE FEINSTEIN: As far as I know, this is the exact three-month renewal of what has been the case for the past seven years. This renewal is carried out by the FISA court under the business records section of the PATRIOT Act, therefore it is lawful.
  • ...2 more annotations...
  • On Thursday, Glenn, Director of National Intelligence James Clapper said he stood by what he told Democratic Senator Ron Wyden of Oregon in March, when he said that the National Security Agency does "not wittingly" collect data on millions of Americans. Let’s go to that exchange. SEN. RON WYDEN: Does the NSA collect any type of data at all on millions or hundreds of millions of Americans? JAMES CLAPPER: No, sir. SEN. RON WYDEN: It does not? JAMES CLAPPER: Not wittingly. There are cases where they could inadvertently, perhaps, collect, but not wittingly.
  • AMY GOODMAN: That’s the questioning of the head of the national intelligence, James Clapper, by Democratic Senator Ron Wyden. Glenn Greenwald? GLENN GREENWALD: OK. So, we know that to be a lie, not a misleading statement, not something that was sort of parsed in a way that really was a little bit deceitful, but an outright lie. They collect—they collect data and records about the communications activities and other behavioral activities of millions of Americans all the time. That’s what that program is that we exposed on Wednesday. They go to the FISA court every three months, and they get an order compelling telephone companies to turn over the records, that he just denied they collect, with regard to the conversations of every single American who uses these companies to communicate with one another. The same is true for what they’re doing on the Internet with the PRISM program. The same is true for what the NSA does in all sorts of ways. We are going to do a story, coming up very shortly, about the scope of the NSA’s spying activities domestically, and I think it’s going to shock a lot of people, because the NSA likes to portray itself as interested only in foreign intelligence gathering and only in targeting people who they believe are guilty of terrorism, and yet the opposite is true. It is a massive surveillance state of exactly the kind that the Church Committee warned was being constructed 35 years ago. And we intend to make all those facts available so people can see just how vast it is and how false those kind of statements are.
Paul Merrell

Chicago federal court case raises questions about NSA surveillance - The Washington Post - 0 views

  • Four days before a sweeping government surveillance law was set to expire last year, Sen. Dianne Feinstein, the chairman of the chamber’s Intelligence Committee, took to the Senate floor. She touted the law’s value by listing some of the terrorist attacks it had helped thwart, including “a plot to bomb a downtown Chicago bar” that fall. “So I believe the FISA Amendments Act is important,” the California Democrat said before a vote to extend the 2008 law, “and these cases show the program has worked.”Today, however, the government is refusing to say whether that law was used to develop evidence to charge Adel Daoud, a 19-year-old Chicago man accused of the bomb plot.And Daoud’s lawyers said in a motion filed Friday that the reason is simple. The government, they said, wants to avoid a constitutional challenge to the law, which governs a National Security Agency surveillance program that has once again become the focus of national debate over its reach into Americans’ private communications.“Whenever it is good for the government to brag about its success, it speaks loudly and publicly,” lawyers Thomas Durkin and Joshua Herman wrote in their motion. “When a criminal defendant’s constitutional rights are at stake, however, it quickly and unequivocally clams up under the guise of State Secrets.”
  • Four days before a sweeping government surveillance law was set to expire last year, Sen. Dianne Feinstein, the chairman of the chamber’s Intelligence Committee, took to the Senate floor. She touted the law’s value by listing some of the terrorist attacks it had helped thwart, including “a plot to bomb a downtown Chicago bar” that fall. “So I believe the FISA Amendments Act is important,” the California Democrat said before a vote to extend the 2008 law, “and these cases show the program has worked.”Today, however, the government is refusing to say whether that law was used to develop evidence to charge Adel Daoud, a 19-year-old Chicago man accused of the bomb plot.And Daoud’s lawyers said in a motion filed Friday that the reason is simple. The government, they said, wants to avoid a constitutional challenge to the law, which governs a National Security Agency surveillance program that has once again become the focus of national debate over its reach into Americans’ private communications.“Whenever it is good for the government to brag about its success, it speaks loudly and publicly,” lawyers Thomas Durkin and Joshua Herman wrote in their motion. “When a criminal defendant’s constitutional rights are at stake, however, it quickly and unequivocally clams up under the guise of State Secrets.”
  • If the government acknowledged that it had used evidence derived from the FISA Amendments Act, Daoud would have standing to challenge the law’s constitutionality. Specifically, Daoud’s lawyers would be able to take on a provision known as Section 702. The law permits the interception of foreign targets’ ­e-mails and phone calls without an individual warrant, including when the foreigners are in communication with Americans or legal residents.The U.S. Supreme Court in February rejected a constitutional challenge to Section 702 by a group of journalists, lawyers and human rights advocates, saying they had no standing to sue because they had not proved that their communications had been intercepted.But the court also said that if the government intends to use information derived from the Section 702 surveillance in a prosecution “it must provide advance notice of its intent,” and a defendant may challenge the lawfulness of the surveillance. The government assured the court that it would give such notice to criminal defendants.In a filing this month in Chicago, U.S. Attorney Gary S. Shapiro refused to say whether the evidence was obtained under Section 702. Instead, he said, the government told Daoud the evidence was acquired pursuant to a traditional FISA court order, rather than under the expanded surveillance program authorized in 2008. A traditional order requires the government to go to a FISA judge and show probable cause that the target is an agent of a foreign power.Daoud’s attorneys say in their pleading that the government is being disingenuous. “We believe it is clear that the evidence . . . came from Section 702,” Durkin said in an interview. “Either Senator Feinstein’s information was correct in December 2012, or she was given wrong information. The government has never disputed what she said.”
  • ...1 more annotation...
  • “The most troubling part of the case is the government seems to be trying to hide the ball,” said Alex Abdo, a staff attorney for the American Civil Liberties Union, which argued the Supreme Court case on behalf of the journalists, lawyers and activists. “They told the Supreme Court not to worry about reviewing the FISA Amendments Act because it would get reviewed in a criminal case. They said if they used the evidence in a criminal case, they’d give notice. Now they’re telling criminal defendants they don’t have to tell them. It’s a game of three-card monte with the privacy rights of millions of Americans.”Abdo said the original FISA statute, passed in 1978, requires the government to notify defendants when evidence being used against them is derived from surveillance authorized by the law. The court, he said, should require the government to abide by the law. “Otherwise,” he said, “the most sweeping surveillance program ever enacted by Congress will never be reviewed in public by a court.”Similarly, Stephen I. Vladeck, a law professor at American University, said, “Everyone knows the role that Section 702 is playing in a case like this.” But, he said, “thanks in part to the Supreme Court, the government can use Section 702 and then never have to defend its constitutionality.”
  •  
    Another "sting" type prosecution where the FBI enticed a defendant to perform a terrorist act. But now a direct challenge to government refusal to disclose whether the email that triggered the government's interest in the defendant was unconstitutionally obtained. If so, long established criminal procedure would require that the email and all evidence discovered because of it would have to be excluded from trial unless the government could meet once of the narrow exceptions.    
Paul Merrell

US Media Ignores CIA Cover-up on Torture - Consortiumnews - 0 views

  • MEMORANDUM FOR: Sen. Dianne Feinstein, Vice Chairman, Senate Select Committee on Intelligence FROM: Veteran Intelligence Professionals for Sanity SUBJECT: U.S. Media Mum On How Your Committee Faced Down Both CIA and Obama We write to thank you for your unwavering support for your extraordinarily courageous and tenacious staff in (1) investigating CIA torture under the Bush/Cheney administration and (2) resisting CIA/White House attempts under the Obama administration to cover up heinous torture crimes like waterboarding.
  • With well over 400 years of intelligence experience under our collective belt, we wondered how you managed to get the investigation finished and the executive summary up and out (though redacted). We now know the backstory – thanks to the unstinting courage of the committee’s principal investigator Daniel Jones, who has been interviewed by Spencer Ackerman, an investigative reporter for The (UK) Guardian newspaper. The titanic struggle depicted by Ackerman reads like a crime novel; sadly, the four-part series is nonfiction: I. “Senate investigator breaks silence about CIA’s ‘failed coverup’ of torture report” II. “Inside the fight to reveal the CIA’s torture secrets” III. ” ‘A constitutional crisis’: the CIA turns on the Senate” IV. “No looking back:  the CIA torture report’s aftermath“
  • Remarkably, a full week after The Guardian carried Ackerman’s revelations, none has been picked up by U.S. “mainstream” newspapers. Not the New York Times, the Wall Street Journal, the Washington Post – not even The Hill. (As for alternative media, Charles P. Pierce’s timely piece for Esquire whetted his readers’ appetite for the gripping detail of the Guardian series, explaining that it would be “unfair both to Ackerman’s diligence and Jones’s courage” to try to summarize even just the first installment. “Read the whole damn thing,” Pierce advises.)
  • ...2 more annotations...
  • And so, the culprits who should be hanging their heads in shame are out and about, with some still collecting book royalties and some blithely working for this or that candidate for president. As if nothing happened. Sadly, given the soporific state of our mainstream media – particularly on sensitive issues like these – their silence is nothing new, although it does seem to have gotten even worse in recent years. The late William Colby, CIA director from 1973 to 1976, has been quoted as saying: “The CIA owns everyone of any significance in the major media.” Whether or not Colby was quoted correctly, the experience of the past several decades suggests it is largely true. Better sourced is a quote from William Casey, CIA director from 1981 to 1987: “We’ll know our disinformation program is complete when everything the American public believes is false.”
  • In these circumstances, we know from sad experience that there is no way any of us can get on any of the Sunday talk shows, for example – despite our enviable record for getting it right. Nor does it seem likely that any of the “mainstream” media will invite you to discuss the highly instructive revelations in The Guardian. We respectfully suggest that you take the initiative to obtain media exposure for this very important story.
Paul Merrell

We Can Handle the Truth - 0 views

  • Several years back, the Senate Select Committee on Intelligence (SSCI) began a massive effort to evaluate and report on the CIA's post-9/11 interrogation practices, seeking to make a definitive determination of whether CIA techniques were lawful and effective. SSCI staff undertook a $40 million investigation over a three-year period, reviewing millions of classified documents and interviewing hundreds of people, inside and outside the government. SSCI chair, Sen. Dianne Feinstein, calls it "by far the most important oversight activity ever conducted by this committee."
  • The CIA refused to permit SSCI investigators to interview its interrogators, however, and a full year after the SSCI adopted a 6,000-page report on the investigation in a bipartisan vote, the agency continues to resist efforts to make the report public. Let's take a look at the most common arguments against releasing the SSCI report. None holds water.
  •  
    Perceptive rebuttal of the CIA's excuses for keeping the lid on the Senate Intelligence Committee Report on the CIA and torture. 
Paul Merrell

Obama to Place Some Restraints on Surveillance - NYTimes.com - 0 views

  • President Obama will issue new guidelines on Friday to curtail government surveillance, but will not embrace the most far-reaching proposals of his own advisers and will ask Congress to help decide some of the toughest issues, according to people briefed on his thinking.Mr. Obama plans to increase limits on access to bulk telephone data, call for privacy safeguards for foreigners and propose the creation of a public advocate to represent privacy concerns at a secret intelligence court. But he will not endorse leaving bulk data in the custody of telecommunications firms, nor will he require court permission for all so-called national security letters seeking business records.
  • President Obama will issue new guidelines on Friday to curtail government surveillance, but will not embrace the most far-reaching proposals of his own advisers and will ask Congress to help decide some of the toughest issues, according to people briefed on his thinking.Mr. Obama plans to increase limits on access to bulk telephone data, call for privacy safeguards for foreigners and propose the creation of a public advocate to represent privacy concerns at a secret intelligence court. But he will not endorse leaving bulk data in the custody of telecommunications firms, nor will he require court permission for all so-called national security letters seeking business records.
  • The emerging approach, described by current and former government officials who insisted on anonymity in advance of Mr. Obama’s widely anticipated speech, suggested a president trying to straddle a difficult line in hopes of placating foreign leaders and advocates of civil liberties without a backlash from national security agencies. The result seems to be a speech that leaves in place many current programs, but embraces the spirit of reform and keeps the door open to changes later. The decision to provide additional privacy protections for non-American citizens or residents, for instance, largely codifies existing practices but will be followed by a 180-day study by the director of national intelligence about whether to go further. Likewise, instead of taking the storage of bulk data out of government hands, as recommended by a review panel he appointed, Mr. Obama will leave it in place for now and ask lawmakers to weigh in.The blend of decisions, to be outlined in a speech at the Justice Department and in a presidential guidelines memorandum, will be Mr. Obama’s highest-profile response to the disclosures about the National Security Agency made in recent months by Edward J. Snowden, a former N.S.A. contractor who has fled to Russia.
  • ...5 more annotations...
  • The developments came as the nation’s judiciary waded into the highly charged debate. In a letter made public on Tuesday, a judge designated by Chief Justice John G. Roberts Jr. to express the views of the judicial branch warned that some changes under consideration would have a negative “operational impact” on a secret foreign intelligence court.Judge John D. Bates, a former chief judge of the Foreign Intelligence Surveillance Court, urged Mr. Obama and Congress not to alter the way the court is appointed or to create an independent public advocate to argue against the Justice Department in secret proceedings. Any such advocate, he wrote, should instead be appointed only when the court decided one was needed.Judge Bates objected to the workload of requiring that courts approve all national security letters, which are administrative subpoenas allowing the F.B.I. to obtain records about communications and financial transactions without court approval. And he raised concerns about greater public disclosure of court rulings, arguing that unclassified summaries would be “likely to promote confusion and misunderstanding.”
  • But the president will not, at least for now, back the panel’s suggestion that telecommunications firms keep such data and that the government be allowed to tap into those databases only when necessary. Intelligence officials complained it would be inefficient to have to go to multiple companies, so some officials proposed creating an independent consortium to store the data instead.Mr. Obama has decided against keeping the data at the private providers because they do not want that responsibility, officials said, and no independent consortium currently exists. As a result, he will ask Congress to work with him to determine the best way to store the data.
  • The judge’s objection to the proposal on national security letters dovetailed with that of the F.B.I. director, James B. Comey, who argued it would be inefficient to have to go to a judge each time records were sought. Mr. Obama has decided not to require court approval in every case, but might still require it in some circumstances, according to one administration official.Mr. Obama will cut back on the number of people whose phone records can be examined by the N.S.A. through its bulk data program. Currently the agency can scrutinize call records of people as far as three steps, or “hops,” removed from a suspect. Mr. Obama’s review panel proposed limiting searches to people just two steps removed. He is also likely to cut down the number of years such data can be retained; currently it is deleted after five years.
  • The judge’s letter, versions of which he sent to the leaders of several congressional committees, was released as all five members of Mr. Obama’s surveillance review group testified Tuesday before the Senate Judiciary Committee, seeking support for their recommendations.Illustrating the cross-pressures on the president, the advisers argued for the appointment of the independent version of a public advocate, a recommendation the president is expected to follow, though it is not clear how he will structure the position.
  • The letter by Judge Bates was accompanied by 15 pages of often specific comments about possible surveillance reforms.It is highly unusual for judges to weigh in on public policy debates involving the other two branches of government, but Judge Bates, the director of the Administrative Office of the United States Court, said that Chief Justice Roberts had designated him to “act as a liaison” and that he had consulted other judges.
  •  
    I keep wondering if Barack Obama just might be the most timid President the U.S. has ever had. Certainly, he lacks the courage to lead the nation. 
Paul Merrell

Revealed: Inside the Senate report on CIA interrogations | Al Jazeera America - 0 views

  • A still-classified report on the CIA's interrogation program established in the wake of 9/11 sparked a furious row last week between the agency and Senate Intelligence Committee chairwoman Dianne Feinstein. Al Jazeera has learned from sources familiar with its contents that the committee's report alleges that at least one high-value detainee was subjected to torture techniques that went beyond those authorized by George W. Bush's Justice Department. Two Senate staffers and a U.S. official, who spoke on the condition of anonymity because the information they disclosed remains classified, told Al Jazeera that the committee's analysis of 6 million pages of classified records also found that some of the harsh measures authorized by the Department of Justice had been applied to at least one detainee before such legal authorization was received. They said the report suggests that the CIA knowingly misled the White House, Congress and the Justice Department about the intelligence value of detainee Zain Abidin Mohammed Husain Abu Zubaydah when using his case to argue in favor of harsher interrogation techniques.
  • Even before accessing the documents, committee staffers received crucial information in a briefing from former FBI agent Ali Soufan in early 2008, according to Al Jazeera’s sources. Soufan — who now runs a private security and intelligence consultancy — told the staffers that he had kept meticulous notes about the methods used by a psychologist under CIA contract to interrogate Abu Zubaydah at a CIA black site in Thailand after his capture in Pakistan in March of 2002. Soufan's account, the staffers say, shows that torture techniques were used on Abu Zubaydah even before some had been sanctioned as permissible by the Bush administration.
  • Two Senate staffers told Al Jazeera that the Panetta documents question the Bush administration claims about the efficacy of Abu Zubaydah’s torture, and the staffers noted that some of the techniques to which he was subjected early in his captivity had not yet been authorized.
  • ...5 more annotations...
  • Soufan described his briefing of Intelligence Committee researchers in his memoir, “The Black Banners.” “In early 2008, in a conference room that is referred to as a sensitive compartmented information facility (SCIF), I gave a classified briefing on Abu Zubaydah to staffers of the Senate Select Committee on Intelligence,” Soufan wrote. “The staffers present were shocked. What I told them contradicted everything they had been told by Bush administration and CIA officials. When the discussion turned to whether I could prove everything I was saying, I told them, ‘Remember, an FBI agent always keep his notes.’ ”  The committee tried to gain access to Soufan’s notes — then in possession of the CIA and FBI — after it launched a review of the agency’s detention and interrogation program in 2009. But Senate investigators were told, according to Al Jazeera’s sources, that Soufan’s notes were missing and could not be found in either the FBI’s or CIA’s computer system, where other classified records about the interrogation program were stored. More than a year later, the notes ended up with the Senate Intelligence Committee, although it's not clear whether they were turned over to committee investigators by the CIA or FBI or if they were in the cache of documents taken by investigators from the secure facility in Northern Virginia in 2010, which Senate staffers refer to as the Panetta review.
  • A few weeks before the 2009 announcement of the Senate Intelligence Committee’s investigation, Abu Zubaydah’s attorney Brent Mickum was invited to meet with committee staffers in a secure conference room in the Senate Hart Office Building in Washington. Mickum recalled in an interview with Al Jazeera that committee staffers were interested in Abu Zubaydah’s recollections. “The committee was talking about torture and whether it was effective,” Mickum said. “I was able to relate to them what Abu Zubaydah told me. We talked about where he was tortured. I told them where we thought he was. I told them that the government confirmed he was never a member of Al-Qaeda. The drawings were then passed around the room.” Mickum and his co-counsel, Amy Jacobsen, presented to the committee staffers a set of ink drawings on yellow legal paper marked top secret by the CIA. Abu Zubaydah, they said, made the sketches to depict his torture and the torture of two other high-value detainees. One of the highly detailed drawings, according to knowledgeable intelligence officials, depict Abu Zubaydah being waterboarded. 
  • Senate staffers told Al Jazeera that Abu Zubaydah’s drawings were used in the report’s narrative but that the CIA objected to including copies of the images as exhibits.
  • When Panetta briefed CIA employees on March 16, 2009, about the Senate Intelligence Committee’s review, he said Feinstein and her Republican counterpart, Kit Bond of Missouri, had “assured” him “that their goal is to draw lessons for future policy decisions, not to punish those who followed guidance from the Department of Justice.” But now that some of the report’s conclusions suggest that some of the techniques used on Abu Zubaydah and other captives either went beyond what was authorized by the Justice Department or were applied before they had been authorized, the congressional staffers and U.S. officials who spoke to Al Jazeera said CIA officials are seeking further assurances against any criminal investigation. Thus far, no such assurances have been given, according to Al Jazeera’s sources, nor is there any indication that the Senate Intelligence Committee’s report would prompt a criminal investigation.
  • Chris Anders, senior legislative counsel for the American Civil Liberties Union, told Al Jazeera he's not surprised by the CIA's response, because many of those involved in the creation of the interrogation program still work at the agency and may fear being placed in legal jeopardy.  “Whatever is in the report is big enough and significant enough that the CIA has fought tooth and nail to keep it buried,” Anders said. “If what comes out in this report is as bad as some senators have said, it’s going to require a broader and deeper discussion about what took place, and it will be up to the president and Congress to lead the country through it, figure out what it means and how we need to respond to clean it up.”
‹ Previous 21 - 40 of 97 Next › Last »
Showing 20 items per page