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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.
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  • 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.
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    John Kennedy had the right idea: abolish the CIA. 
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Senate goes for 'nuclear option' - Burgess Everett and Seung Min Kim - POLITICO.com - 0 views

  • The Senate approved a historic rules change on Thursday by eliminating the use of the filibuster on all presidential nominees except those to the U.S. Supreme Court.Invoking the long-threatened “nuclear option” means that most of President Barack Obama’s judicial and executive branch nominees no longer need to clear a 60-vote threshold to reach the Senate floor and get an up-or-down vote.
  • Senate Majority Leader Harry Reid (D-Nev.) used the nuclear option Thursday morning, meaning he called for a vote to change the Senate rules by a simple majority vote. It passed, 52 to 48. Three Democrats voted against changing the rules — Sen. Carl Levin of Michigan, Joe Manchin of West Virginia and Mark Pryor of Arkansas. “It’s time to change the Senate before this institution becomes obsolete,” Reid said in a lengthy floor speech on Thursday morning. A furious Senate Minority Leader Mitch McConnell (R-Ky.), who tried to recess the Senate for the day before the rules change could get a vote, said after the minority’s power was limited by Democrats: “I don’t think this is a time to be talking about reprisal. I think it’s a time to be sad about what has been done to the United States Senate.”
  • The debate over the filibuster — and specifically its use on D.C. Circuit nominees — has been raging for nearly a decade, stretching back to when George W. Bush was president and Democrats were in the minority. But changing the Senate rules has always been avoided through a piecemeal deal, a gentleman’s agreement or a specific solution, not a historic change to the very fabric of the Senate.
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  • But since Obama’s nomination, the “nuclear option” has reared its head three times in less than a year — each time getting closer to the edge. Many in the Senate privately expected that this go-round would be yet another example of saber rattling, but Reid said pressure was increasing within his own party to change the rules. The blockade of three consecutive nominees to a powerful appellate court was too much for Democrats to handle — and Reid felt compelled to pull the trigger, explaining that “this is the way it has to be.”
  • Senate Democrats were quick to use their newfound powers, voting in the early afternoon to end the filibuster on Patricia Millett’s nomination to the D.C. Circuit Court of Appeals. The vote was 55-43, with two senators voting present. Before the change earlier Thursday, Millett would have needed 60 votes to clear the procedural hurdle and move on to a confirmation vote. But now, she needed just 51 to advance.
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    The Senate's filibuster rule, particularly since abandonment of the requirement that the filibustering Senator must keep talking so long as the filibuster continues, has seemed more and more an anachronism to me as I age. Its use to indefinitely block an up or down vote on a legislative measure -- in essence granting each Senator veto power over proposed measures seems fundamentally at odds with democratic principles to me. Certainly during my lifetime, the filibuster rule has been abused by both major parties, transforming a mere rule of procedure into an individual veto power nowhere set forth in the Constitution, in effect requiring a 60 per cent super-majority to pass a controversial measure. The Constitution is not silent on the subject of super-majorities in the Senate, specifying a super-majority to override a presidential veto and to remove a federal official from office by impeachment. Therefore, one might argue that the Founders knew how to write a super-majority requirement but did not see fit to require a supermajority to close debate and bring a measure to a vote. In other words, I favor abolishing the filibuster rule entirely and making "the nuclear option" standard procedure except where the Constitution establishes a super-majority requirement. To me it is not important that this limitation of the filibuster rule occurred when the Democrats had the majority in the Senate; whenever it were to happen, some party would be in the minority. And I do not believe that the People of this nation will be disadvantaged by up or down votes on Senate measures.  Now can we please get rid of the filibuster rule entirely?
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Congress plans tough Iran sanctions if deal fails | WashingtonExaminer.com - 0 views

  • Lawmakers from both parties said Sunday they are skeptical that Iran will stick to a new nuclear deal and want Congress to prepare beefed-up economic penalties to hit Tehran if the accord falls apart.
  • But the announcement, after months of secret face-to-face talks between the United States and Iran, left many U.S. lawmakers deeply doubtful of the most significant agreement between Washington and Tehran after more than three decades of estrangement.
  • Such distrust that Iran was negotiating in good faith ran across political parties that are otherwise deeply divided. And ready-to-go sanctions seemed to have rare bipartisan support across both of Congress' chambers.
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  • The Senate returns to session on Dec. 9 and lawmakers already were talking about sanctions designed to caution Iran that failure to use the six-month window to reach a deal would only leave Iranians in worse economic straits.
  • "If Iran does not consent to a comprehensive agreement that ensures it cannot acquire a nuclear weapon, there is a broad consensus in Congress to impose even tougher sanctions," said Sen. Carl Levin, a Michigan Democrat who is chairman of the Senate Armed Services Committee. A deep distrust of Iran pervaded Sunday's discussion of the deal.
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    Such is the power of the Israel Lobby. Many members of Congress have been getting private briefings by Israeli "intelligence officials"  and publicly stating that they have more confidence in the Israeli briefings than in U.S. intelligence. One might question the honesty of the so-called Israeli "intelligence briefings;" numerous retired Israeli intelligence agency heads have publicly stated that Iran has no present intention to build nuclear weapons and has not made any decision to make such a decision later. It should be kept in mind that the economic sanctions on Iran strike its middle and lower economic classes. They do nothing to harm the Iranian government or military capabilities or R&D. Economic sanctions are widely recognized as acts of war that violate the Fourth Geneva Convention's protections for non-combatants.
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Revealed: Senate report contains new details on CIA black sites | Al Jazeera America - 0 views

  • A Senate Intelligence Committee report provides the first official confirmation that the CIA secretly operated a black site prison out of Guantánamo Bay, two U.S. officials who have read portions of the report have told Al Jazeera. The officials — who spoke on condition of anonymity because the 6,600-page report on the CIA’s detention and interrogation program remains classified — said top-secret agency documents reveal that at least 10 high-value targets were secretly held and interrogated at Guantánamo’s Camp Echo at various times from late 2003 to 2004. They were then flown to Rabat, Morocco, before being officially sent to the U.S. military’s detention facility at Guantánamo in September 2006. In September 2006, President George W. Bush formally announced that 14 CIA captives had been transferred to Guantánamo and would be prosecuted before military tribunals. He then acknowledged for the first time that the CIA had been operating a secret network of prisons overseas to detain and interrogate high-value targets.
  • The Senate report, according to Al Jazeera’s sources, says that the CIA detained some high-value suspects on Diego Garcia, an Indian Ocean island controlled by the United Kingdom and leased to the United States. The classified CIA documents say the black site arrangement at Diego Garcia was made with the “full cooperation” of the British government. That would confirm long-standing claims by human rights investigators and journalists, whose allegations — based on flight logs and unnamed government sources — have routinely been denied by the CIA. The CIA and State Department declined Al Jazeera’s requests for comment. The Intelligence Committee last week voted 11 to 3 to declassify the report’s 480-page executive summary and 20 conclusions and findings, which incorporate responses from Republican members of the committee and from the CIA. The executive summary will undergo a declassification review, led by the CIA, with input from the State Department and the Office of the Director of National Intelligence, the U.S. officials said. The panel’s chairwoman, Democratic Sen. Dianne Feinstein, said in a statement last Thursday that the full 6,600-page report, with 37,000 footnotes, “will be held for declassification at a later time.”
  • Leaked details of the committee’s report have caused waves in countries like Poland, where the CIA is known to have operated a black site prison — which Polish officials continue to deny having known about. The U.S. officials who spoke to Al Jazeera said that the Senate report reveals 20 prisoners were secretly detained in Poland from 2002 to 2005. They added that Polish officials recently sought assurances from diplomats and visiting U.S. officials that the Senate report would conceal details about Poland’s role in allowing the CIA black site to be operated on Polish soil. Al Jazeera’s sources said U.S. officials reassured their Polish counterparts last year that it was almost certain that the declassified version of the report would not identify the countries that cooperated with the CIA’s detention and interrogation program.
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  • According to the Senate report, Al Jazeera’s sources said, a majority of the more than 100 detainees held in CIA custody were detained in secret prisons in Afghanistan and Morocco, where they were subject to torture methods not sanctioned by the Justice Department. Those methods are recalled by the report in vivid narratives lifted from daily logs of the detention and interrogation of about 34 high-value prisoners. The report allegedly notes that about 85 detainees deemed low-value passed through the black sites and were later dumped at Guantánamo or handed off to foreign intelligence services. More than 10 of those handed over to foreign intelligence agencies “to face terrorism charges” are now “unaccounted for” and presumed dead, the U.S. officials said. The Senate report says more than two dozen of these men designated low-value had, in fact, been wrongfully detained and rendered to other countries on the basis of intelligence obtained from CIA captives under torture and from information shared with CIA officials by other governments, both of which turned out to be false. The report allegedly singles out a top CIA official for botching a handful of renditions and outlines agency efforts to cover up the mistakes. The Senate report allegedly accuses “senior CIA officials” of lying during multiple closed-session briefings to members of Congress from 2003 to 2005 about the use of certain “enhanced” interrogation techniques. The report says an agency official lied to Congress in 2005 when he insisted the U.S. was adhering to international treaties barring cruel and degrading treatment of prisoners, the U.S. officials told Al Jazeera.
  • The report not only accuses certain CIA officials of deliberately misleading Congress; Al Jazeera’s sources say it also suggests that the agency sanctioned leaks to selected journalists about phantom plots supposedly disrupted as a result of information gained through the program in order to craft a narrative of success. The Senate report, like a 2009 Senate Armed Services Committee report (PDF), says Air Force psychologists under contract to the CIA reverse-engineered a decades-old resistance-training program taught to U.S. airmen known as survival evasion resistance escape (SERE). According to a SERE training document obtained by Al Jazeera titled “Coercive Exploitation Techniques,” Air Force personnel were taught that communist regimes used “deprivations” of “food, water, sleep and medical care” as well as “the use of threats” in order to weaken a captive’s mental and physical ability to resist interrogation. “Isolation” would be used, according to the SERE program, to deprive the “recipient of all social support” so that he develops a “dependency” on his interrogator. And “physical duress, violence and torture” are used to weaken “mental and physical ability to resist exploitation.” Ironically, perhaps, the SERE document (displayed below) notes that such techniques were used by the Soviet Union, China and North Korea to obtain false confessions.
  • Senate investigators allegedly obtained from the CIA a 2003 “business plan,” written by Air Force psychologists James Mitchell and Bruce Jessen, that contained erroneous details about the positive aspects of the enhanced interrogation program and the veracity of the intelligence its extracted from detainees. The “business plan” states that Al-Qaeda captives were “resistant” to “standard” interrogation techniques, an argument the Senate report found lacked merit because torture techniques were used before they were even questioned. Neither Jessen, who lives in Spokane, Wash., nor Mitchell, who resides in Land o’ Lakes, Fla., responded to phone calls or emails for comment. Both men are featured prominently in the Senate’s report, according to U.S. officials.
  • According to Al Jazeera’s sources, Zain Abidin Mohammed Husain Abu Zubaydah was the only captive subjected to all 10 torture techniques identified in an August 2002 Justice Department memo. But the U.S. officials said the Senate report concludes that the methods applied to Abu Zubaydah went above and beyond the guidelines outlined in that memo and were used before the memo establishing their legality was written. The Senate report allegedly adopts part of a narrative from former FBI special agent Ali Soufan, who first interrogated Abu Zubaydah at the black site and wrote in his book “The Black Banners” that Mitchell was conducting an “experiment” on Abu Zubaydah. For example, the August 2002 Justice Department legal memo authorized sleep deprivation for Abu Zubaydah for 11 consecutive days, but Mitchell kept him awake far longer, the U.S. officials said, citing classified CIA cables. Abu Zubaydah was stripped naked, strapped into a chair and doused with cold water to keep him awake. He was then interrogated and asked what he knew, at which point, his attorney told Al Jazeera, Abu Zubaydah was “psychotic” and would have admitted to anything.
  • Additionally, the report allegedly says that Abu Zubaydah was stuffed into a pet crate (the type used to transport dogs on airplanes) over the course of two weeks and routinely passed out, was shackled by his wrists to the ceiling of his cell and subjected to an endless loop of loud music. One former interrogator briefed about Abu Zubaydah’s interrogations from May to July 2002 told Al Jazeera that the music used to batter the detainee’s senses was by the Red Hot Chili Peppers. Abu Zubaydah’s attorney, Brent Mickum, hopes the Senate report’s executive summary will vindicate what he has been saying for years. “My client was tortured brutally well before any legal memo was issued,” Mickum said. He expects the report to “show that my client was a nonmember of Al-Qaeda, contrary to all of the earlier reports by the Bush administration. I am also confident that the report will show that, after he was deemed to be compliant while he was held in Thailand, that he continued to be tortured on explicit orders from the Bush administration.” The Senate report, according to Al Jazeera’s sources, says that CIA interrogators were under an enormous pressure from top agency officials, themselves under pressure from the White House, to use “enhanced” interrogation techniques to obtain information from detainees connecting Iraq and Al-Qaeda.
  • One interrogator who worked for the CIA and the U.S. military during Bush’s tenure and participated in the interrogations of two high-value CIA prisoners told Al Jazeera — speaking on condition of anonymity because he is still employed by the U.S. government — that the “enhanced” interrogation program was “nothing more than the Stanford Prison Experiment writ large.” (The 1971 Stanford University study shocked the public by demonstrating how easily people placed in authority over more vulnerable others resorted to cruelty.) “Interrogators were being pressured — You have to get info from these people,’” the interrogator told Al Jazeera. “There was no consideration that the person we were interrogating may not know. That was always seen as a resistance technique. ‘They [the detainees] must be lying!’ There was pressure on us from above to produce what they wanted. Not a single person I worked with knew how to conduct an interrogation or [had] ever conducted an interrogation.”
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White House: US not ready to make decision on military action in Iraq | World news | th... - 0 views

  • The White House indicated on Tuesday that it may be some days away from a decision on any US military intervention in Iraq, as senior Democrats expressed growing caution about the risks of being sucked back in to conflict in the country.Amid signs that Barack Obama is treading warily over calls for air strikes against the advance of a Sunni Muslim insurgency, administration spokesman Jay Carney said the president would "continue to consult with his national security team in the days to come," and said that there will also be further consultations with members of Congress, including some closed briefings later this week.Obama met his national security team on Monday evening after announcing a bolstering of the US embassy security presence in Baghdad, but has repeated his concern that military support of the Iraqi government would be of little use without a longer-term political plan to unite the country."The president asked his national security team to develop options, and that effort continues,” Carney told reporters during a briefing on Air Force One.
  • Carney said Obama believed that Iraq’s problems required a political solution, not just a military one. The US believes that the sectarian policies of the Shia-led government of Nouri al-Maliki precipitated the present crisis.
  • At the Pentagon, officials said that they continued to submit military options to the White House and that they were encouraged by resistance to Isis within Iraq. “We also have reason to believe, certainly indications, that the Iraqi security forces are stiffening their resistance and their defense and are coalescing, particularly in and around Baghdad, and that's encouraging,” said Rear Admiral John Kirby, the Pentagon press secretary, who also referenced “Shia militias that are assisting.”Kirby added that Obama has non-military options to respond to Iraq and batted back a suggestion that the internal resistance to Isis relieved the burden of a decision on the administration. “This isn't about breathing space. It's about making measured, deliberate decisions that make the most sense, and it's a complicated issue,” Kirby said.On Tuesday, Carney declined to discuss a timeframe for any intervention, and although it is still possible that a surprise attack could be launched or an immediate US response mounted to any Isis assault on Baghdad, there are signs that pressure for action from Congress may be reversing.
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  • Steny Hoyer, the Democractic whip in the House of Representatives, said there needed to be more thought given toward a long-term plan before military action could be considered. “We have a real stake in this, a real interest in this,” he told NBC. “The question becomes, OK, what do you do? I think that's a much more complicated issue once we decide it has consequences for us, what do we do, I think we’re going to have to talk about that.”Ahead of a classified briefing for a key House panel on Iraq scheduled for Wednesday, there were also other signs of senior Democratic hesitating about launching air strikes against Isis.Adam Schiff, a California Democrat on the intelligence committee, said on Tuesday that an air campaign “will not affect the strategic balance on the battlefield, and is as likely to alienate the local population as it is to accomplish any tactical objective.”Schiff urged Obama to continue providing "intelligence and limited military support to the Iraqi government," conditioned on a nonsectarian Iraqi governing coalition, and pointed to "our limited intelligence" in Iraq as an inhibition on an effective air war.
  • Schiff said that the resistance likely to be mounted against Isis, should it advance further on Baghdad, would render US military intervention “even less vital”. Carl Levin, the Michigan Democrat who chairs the Senate armed services committee, told the Detroit News on Monday that he was not sure air strikes "make sense," saying that "we ought to be mighty damn cautious" before launching them.
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White House: Al Qaeda in Iraq now 'transnational threat' | TheHill - 0 views

  • Al Qaeda's violent resurgence in Iraq and expansion into Syria now represents a "transnational threat network" that could possibly reach from the Mideast to the United States, according to the White House. The teaming of al Qaeda's Iraqi cell and affiliated Islamic militant groups in Syria into the new Islamic State of Iraq and al-Sham (ISIS) has developed into "a major emerging threat to Iraqi stability . . . and to us," a senior administration official told reporters on Wednesday. "It is a fact now that al Qaeda has a presence in Western Iraq" extending into Syria, "that Iraqi forces are unable to target," the official said. That growing presence "that has accelerated in the past six to eight months" has been accompanied by waves of bombings and attacks that threaten to throw Iraq into a full-blown civil war. 
  • Keeping ISIS from destabilizing the Iraqi government and expanding into other areas in the region is a "major focus" of this week's visit by Iraqi Prime Minister Nouri al Maliki to Washington. The Iraqi delegation met with Vice President Joe Biden Wednesday morning, and will meet with congressional leaders later in the day. Top defense lawmakers are already sounding the alarm on ISIS growth in the region and the threat posed by the al Qaeda faction to Iraq, Syria and ultimately the United States. "As the situation in both countries grows worse . . . we are deeply concerned that Al-Qaeda could use its new safe haven in Iraq and Syria to launch attacks against U.S. interests and those of our friends and allies," Sen. John McCain (R-Ariz.) along with Senate Armed Services Committee chief Carl Levin (D-Mich.), ranking member Jim Inhofe (R-Okla.) wrote in a letter to President Obama. Senate Foreign Relations heads Sens. Robert Menendez (D-NJ) and Bob Corker (R-Tenn.) also co-signed the letter, sent to the White House on Tuesday. 
  • "We urge you to press [al-Maliki] to formulate a comprehensive political and security strategy that can stabilize the country, enable Iraq to realize its vast potential, and help to safeguard our nation’s enduring national security interests in Iraq," they wrote. One area lawmakers are pressing the White House and Iraqi government on is increased U.S. assistance for counterterrorism operations in the country, backed by supplies of American military weapons and intelligence. 
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  • Iraqi officials reportedly reached out to U.S. intelligence officials to see if American drones could begin conducting airstrikes against ISIS targets in Western Iraq. When asked whether the White House was considering expediting those weapon sales to Iraq, the official replied: "I will leave it up to the Iraqis to make that case." That said, the administration "is working closely with Congress" to facilitate the kind of military and intelligence aid being sought by al-Maliki from the United States. Counterterrorism support is evaluated "country by country and in Iraq that is [especially] complicated," the official said, noting the long-standing tribal and sectarian ties woven into the country's makeup. 
  • That said, the White House official ruled out the possibility of putting U.S. boots back on the ground in Iraq, in the form of military trainers, as part of any counterterrorism strategy. The White House and Pentagon failed to reach a bilateral security deal with Baghdad that would allow a handful of American troops to remain in the country after the U.S. pullout in 2011. That lack of a deal prevented Washington from fielding a postwar force in Iraq after the final withdrawal in December of that year. White House critics claim Obama's inability to lock in a postwar deal with Iraq opened the door for al Qaeda's return to power in the country. 
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    Let's see if I've got this straight. Our previous wars in Iraq and Afghanistan resulted in massive recruitment by "terrorists" who now threat our shores once again. Therefore, we should launch a third war in Iraq or at least raining Hellfire missiles on Iraq from drones. This logic seems to ignore the immutable fact that it is U.S. violence in the region that converts peaceful Arab citizens into "terrorists." The message is clear: end our military involvement in the Mideast and northern Africa. But that message seems to fall on deaf ears in Washington, D.C. That is because this is not about terrorists at all. It is about control of Pipelinestan and profits in the military-industrial complex.   
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There is nothing new about Obama's Socialism: Mark Levine in The Corner on National Rev... - 0 views

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    The "change" he peddles is not new. We've seen it before. It is change that diminishes individual liberty for the soft authoritarianism of socialism. It is a populist appeal that disguises government mandated wealth redistribution as tax cuts for the middle class, falsely blames capitalism for the social policies and government corruption (Fannie Mae and Freddie Mac) that led to the current turmoil in our financial markets, fuels contempt for commerce and trade by stigmatizing those who run successful small and large businesses, and exploits human imperfection as a justification for a massive expansion of centralized government. Obama's appeal to the middle class is an appeal to the "the proletariat," as an infamous philosopher once described it, about which a mythology has been created. Rather than pursue the American Dream, he insists that the American Dream has arbitrary limits, limits Obama would set for the rest of us - today it's $250,000 for businesses and even less for individuals. If the individual dares to succeed beyond the limits set by Obama, he is punished for he's now officially "rich."
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The Mount Vernon Statement - 0 views

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    On Wednesday, February 17, more than 80 conservative thinkers and organization heads came together to ratify a joint manifesto. Dubbed The Mount Vernon Statement, its goal is to unite the right -- economic, social, and national security conservatives -- under a set of shared principles. The Mount Vernon Statement is not geared to any election or candidate or specific piece of legislation; it is a statement of timeless principles as old as the Republic, and will be as relevant years from now as it is today.
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SANTIAGO, Chile: Chilean accused of murder, torture taught 13 years for Pentagon | Nati... - 0 views

  • A member of the late Chilean dictator Augusto Pinochet’s brutal secret police who’s been accused of murder taught for more than a decade at the Pentagon’s premier university, despite repeated complaints by his colleagues about his past. Jaime Garcia Covarrubias is charged in criminal court in Santiago with being the mastermind in the execution-style slayings of seven people in 1973, according to court documents. McClatchy also interviewed an accuser who identified Garcia Covarrubias as the person who sexually tortured him.Despite knowing of the allegations, State and Defense department officials allowed Garcia Covarrubias to retain his visa and continue working at a school affiliated with the National Defense University until last year .Human rights groups also question the school’s selection of a second professor, Colombia’s former top military commander.
  • Some Latin America experts said the hirings by the William J. Perry Center for Hemispheric Defense Studies reflected a continuing inclination by the U.S government to overlook human rights violations in Latin America, especially in countries where it funded efforts to quash leftists. But those experts were especially troubled by Garcia Covarrubias’ long tenure at one of the nation’s most renowned defense institutions. “His hiring undermines our moral authority on both human rights and in the war on terror,” said Chris Simmons, a former Defense Intelligence Agency and Army intelligence officer from 1982 to 2010 who specializes in Latin America. “If he is in fact guilty of what he is accused of, he is a terrorist. Then who are we to tell other countries how they should be fighting terrorism?” To his supporters, Garcia Covarrubias is a brilliant thinker with a Ph.D. and purveyor of leadership skills. To his alleged victims, he’s a sadistic torturer with a penchant for horsewhips and perversity.
  • A 2008 Chilean military document reviewed by McClatchy identified Garcia Covarrubias as a member of the Dirección de Inteligencia Nacional, the feared spy agency known by its acronym DINA.“DINA was simply the most sinister agency in Latin America,” said Peter Kornbluh, a senior analyst with the National Security Archive, which secured the release of U.S. government classified documents underscoring the complicit relationship between the U.S. and Pinochet. “Anyone associated with that agency should never have been allowed into this country, let alone given this job.”Officials with the Pentagon, the State Department and the school refused to comment. Garcia Covarrubias is now back in Chile, ordered by an investigative judge in January 2014 to remain in the country while an inquiry continues into his alleged role in the deaths of seven people in Temuco weeks after the U.S.-backed Pinochet coup on Sept. 11, 1973. His case is one of 108 involving tortured, disappeared or murdered supporters of the deposed elected president, Salvador Allende. More than 3,000 people died at the hands of the regime, and in 2003, then-Secretary of State Colin Powell offered regrets for U.S. involvement in the coup, calling it “not a part of American history that we're proud of.”
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  • The center’s officials who hired and renewed Garcia Covarrubias’ contracts say he was a highly qualified professor and minimize the allegations against him. “We made inquiries with people in the region, in Chile and so forth, and were never given anything negative about Jaime,” said Margaret Daly Hayes, the center’s first director. “He was vetted by the U.S. government, by the (U.S.) Embassy. They obviously didn’t have anything either or he wouldn’t have been hired.”McClatchy, however, located one of his alleged victims, who described being brutalized by him. “They submitted us to torture, twice a day. We were submerged in feces,” Herman Carrasco, who’s now a real estate agent, told McClatchy in Chile. “They stuck rifle barrels in our anuses.”According to Carrasco, the torture unfolded in October and November 1973 – lorded over by the horsewhip-wielding Garcia Covarrubias – and included electric shock administered to eyelids, genitals and other sensitive areas of the body.“He was the person who tortured us, with his face shown,” said Carrasco, who added that he’d known Garcia Covarrubias from social events before the coup. “He forced us into sexual acts, which shows that besides ferocious cruelty there was a level of psychopathic behavior.”
  • Despite very graphic torture accusations against Garcia Covarrubias, U.S. officials are rallying behind him.
  • As the center supported Garcia Covarrubias, it pushed out Andersen in retaliation, the former communications chief said.Last September, Andersen filed a complaint with the Pentagon’s inspector general, with the support of then-Sen. Carl Levin. D-Mich. An inspector general spokeswoman declined to comment. “It’s shameful that at a time the U.S. prestige as a democracy is under attack, that the National Defense University could be playing footsie with a former state terrorism agent,” Andersen said. The details uncovered about Garcia Covarrubias have prompted demands from several members of Congress for a Pentagon accounting of how he was hired and retained his job.“The American people deserve to know that adequate vetting of such individuals would be routine,” said Sen. Patrick Leahy, D-Vt., author of the “ Leahy Law,” which restricts U.S. assistance to foreign security forces that violate human rights.
  • While most of the concerns focused on Garcia Covarrubias, the center also took heat in 2006 for hiring Colombian Gen. Carlos Ospina Ovalle. As army commander, he turned the tables in a decades-old guerrilla war while simultaneously crushing drug cartels. Ospina Ovalle left the center last year and took a post at another National Defense University school.He was hired at the request of the Colombian government and was popular with U.S. military leaders, recalls Downie, the center’s director at the time. “The Colombians wanted, for his own safety, to get him out of Colombia,” said Downie. “This is a guy we certainly wanted to have as a professor.”Human rights groups, however, criticized the general’s hiring and continued employment at the National Defense University. They point to his earlier command in Antioquia province, where right-wing paramilitaries ran roughshod and were linked to the military.“Antioquia in the late 1990s . . . is less than one degree of separation from working with the paramilitaries,” said Adam Isacson, a senior associate specializing in military matters for the Washington Office on Latin America. “If he has not, it’s some miracle that he managed to be the one clean officer.”“Having officers like that, the implicit message is that human rights takes a backseat,” said Isacson.
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Senate Report: Scale of Wall Street Holdings Are "Unprecedented in U.S. History" - 0 views

  • Last Thursday, the U.S. Senate’s Permanent Subcommittee on Investigations, chaired by Senator Carl Levin, released an alarming 396-page report that details how Wall Street’s too-big-to-fail banks have quietly, and often stealthily through shell companies, gained ownership of a stunning amount of the nation’s critical industrial commodities like oil, aluminum, copper, natural gas, and even uranium. The report said the scale of these bank holdings “appears to be unprecedented in U.S. history.”
  • Adding to the hubris of the situation, the Wall Street banks’ own regulator, the Federal Reserve, gave its blessing to this unprecedented and dangerous encroachment by banking interests into industrial commodity ownership and has effectively looked the other way as the banks moved into industrial commerce activities like owning pipelines and power plants. For more than a century, Federal law has encouraged the separation of banking and commerce. The role of banks has been seen as providing prudent corporate lending to facilitate the growth of commerce, not to compete with it through unfair advantage by having access to cheap capital from the Federal Reserve’s lending programs. Additionally, the mega banks are holding trillions of dollars in FDIC insured deposits; if they experienced a catastrophic commercial accident through a ruptured pipeline, tanker oil spill, or power plant explosion, it could once again put the taxpayer on the hook for a bailout.
  • The full report, together with exhibits, can be read here.
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Running for Cover: A Sham Air Force Summit Can't Fix the Close Air Support Gap Created ... - 0 views

  • “I can’t wait to be relieved of the burdens of close air support,” Major General James Post, the vice commander of Air Combat Command (ACC), allegedly told a collection of officers at a training session in August 2014. As with his now notorious warning that service members would be committing treason if they communicated with Congress about the successes of the A-10, Major General Post seems to speak for the id of Air Force headquarters’ true hostility towards the close air support (CAS) mission. Air Force four-stars are working hard to deny this hostility to the public and Congress, but their abhorrence of the mission has been demonstrated through 70 years of Air Force headquarters’ budget decisions and combat actions that have consistently short-changed close air support. For the third year in a row (many have already forgotten the attempt to retire 102 jets in the Air Force’s FY 2013 proposal), the Air Force has proposed retiring some or all of the A-10s, ostensibly to save money in order to pay for “modernization.” After failing to convince Congress to implement their plan last year (except for a last minute partial capitulation by retiring Senate and House Armed Services Committee chairmen Senator Carl Levin (D-MI) and Representative Buck McKeon (R-CA)) and encountering uncompromising pushback this year, Air Force headquarters has renewed its campaign with more dirty tricks.
  • First, Air Force headquarters tried to fight back against congressional skepticism by releasing cherry-picked data purporting to show that the A-10 kills more friendlies and civilians than any other U.S. Air Force plane, even though it actually has one of the lowest fratricide and civilian casualty rates. With those cooked statistics debunked and rejected by Senate Armed Services Chairman Senator John McCain (R-AZ), Air Force headquarters hastily assembled a joint CAS “Summit” to try to justify dumping the A-10. Notes and documents from the Summit meetings, now widely available throughout the Air Force and shared with the Project On Government Oversight’s Center for Defense Information (CDI), reveal that the recommendations of the Summit working groups were altered by senior Air Force leaders to quash any joint service or congressional concerns about the coming gaps in CAS capabilities. Air Force headquarters needed this whitewash to pursue, yet again, its anti-A-10 crusade without congressional or internal-Pentagon opposition.
  • The current A-10 divestment campaign, led by Air Force Chief of Staff Mark Welsh, is only one in a long chain of Air Force headquarters’ attempts by bomber-minded Air Force generals to get rid of the A-10 and the CAS mission. The efforts goes as far back as when the A-10 concept was being designed in the Pentagon, following the unfortunate, bloody lessons learned from the Vietnam War. For example, there was a failed attempt in late-1980s to kill off the A-10 by proposing to replace it with a supposedly CAS-capable version of the F-16 (the A-16). Air Force headquarters tried to keep the A-10s out of the first Gulf War in 1990, except for contingencies. A token number was eventually brought in at the insistence of the theater commander, and the A-10 so vastly outperformed the A-16s that the entire A-16 effort was dismantled. As a reward for these A-10 combat successes, Air Force headquarters tried to starve the program by refusing to give the A-10 any funds for major modifications or programmed depot maintenance during the 1990s. After additional combat successes in the Iraq War, the Air Force then attempted to unload the A-10 fleet in 2004.
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  • To ground troops and the pilots who perform the mission, the A-10 and the CAS mission are essential and crucial components of American airpower. The A-10 saves so many troop lives because it is the only platform with the unique capabilities necessary for effective CAS: highly maneuverable at low speeds, unmatched survivability under ground fire, a longer loiter time, able to fly more sorties per day that last longer, and more lethal cannon passes than any other fighter. These capabilities make the A-10 particularly superior in getting in close enough to support our troops fighting in narrow valleys, under bad weather, toe-to-toe with close-in enemies, and/or facing fast-moving targets. For these reasons, Army Chief of Staff General Ray Odierno has called the A-10 “the best close air support aircraft.” Other Air Force platforms can perform parts of the mission, though not as well; and none can do all of it. Senator Kelly Ayotte (R-NH) echoed the troops’ combat experience in a recent Senate Armed Services committee hearing: “It's ugly, it's loud, but when it comes in…it just makes a difference.”
  • In 2014, Congress was well on the way to roundly rejecting the Air Force headquarters’ efforts to retire the entire fleet of 350 A-10s. It was a strong, bipartisan demonstration of support for the CAS platform in all four of Congress’s annual defense bills. But in the final days of the 113th Congress, a “compromise” heavily pushed by the Air Force was tucked into the National Defense Authorization Act for FY 2015. The “compromise” allowed the Air Force to move A-10s into virtually retired “backup status” as long as the Cost Assessment and Program Evaluation (CAPE) office in DoD certified that the measure was the only option available to protect readiness. CAPE, now led by former Assistant Secretary of the Air Force for Financial Management and Comptroller Jamie Morin, duly issued that assessment—though in classified form, thus making it unavailable to the public. In one of his final acts as Secretary of Defense, Chuck Hagel then approved moving 18 A-10s to backup status.
  • The Air Force intends to replace the A-10 with the F-35. But despite spending nearly $100 billion and 14 years in development, the plane is still a minimum of six years away from being certified ready for any real—but still extremely limited—form of CAS combat. The A-10, on the other hand, is continuing to perform daily with striking effectiveness in Afghanistan, Iraq, and Syria—at the insistence of the CENTCOM commander and despite previous false claims from the Air Force that A-10s can’t be sent to Syria. A-10s have also recently been sent to Europe to be available for contingencies in Ukraine—at the insistence of the EUCOM Commander. These demands from active theaters are embarrassing and compelling counterarguments to the Air Force’s plea that the Warthog is no longer relevant or capable and needs to be unloaded to help pay for the new, expensive, more high-tech planes that Air Force headquarters vastly prefers even though the planes are underperforming.
  • So far, Congress has not been any more sympathetic to this year’s continuation of General Welsh’s campaign to retire the A-10. Chairman McCain rejected the Air Force’s contention that the F-35 was ready enough to be a real replacement for the A-10 and vowed to reverse the A-10 retirement process already underway. Senator Ayotte led a letter to Defense Secretary Ashton Carter with Senators Tom Cotton (R-AR), Lindsey Graham (R-SC), Thom Tillis (R-NC), Roger Wicker (R-MS), Mike Crapo (R-ID), Johnny Isakson (R-GA), and Richard Burr (R-NC) rebuking Hagel’s decision to place 18 A-10s in backup inventory. Specifically, the Senators called the decision a “back-door” divestment approved by a “disappointing rubber stamp” that guts “the readiness of our nation’s best close air support aircraft.” In the House, Representative Martha McSally (R-AZ) wrote to Secretary Carter stating that she knew from her own experience as a former A-10 pilot and 354th Fighter Squadron commander that the A-10 is uniquely capable for combat search and rescue missions, in addition to CAS, and that the retirement of the A-10 through a classified assessment violated the intent of Congress’s compromise with the Air Force:
  • Some in the press have been similarly skeptical of the Air Force’s intentions, saying that the plan “doesn’t add up,” and more colorfully, calling it “total bullshit and both the American taxpayer and those who bravely fight our wars on the ground should be furious.” Those reports similarly cite the Air Force’s longstanding antagonism to the CAS mission as the chief motive for the A-10’s retirement.
  • By announcing that pilots who spoke to Congress about the A-10 were “committing treason,” ACC Vice Commander Major General James Post sparked an Inspector General investigation and calls for his resignation from POGO and other whistleblower and taxpayer groups. That public relations debacle made it clear that the Air Force needed a new campaign strategy to support its faltering A-10 divestment campaign. On the orders of Air Force Chief of Staff General Mark Welsh, General Herbert “Hawk” Carlisle—the head of Air Combat Command—promptly announced a joint CAS Summit, allegedly to determine the future of CAS. It was not the first CAS Summit to be held (the most recent previous Summit was held in 2009), but it was the first to receive so much fanfare. As advertised, the purpose of the Summit was to determine and then mitigate any upcoming risks and gaps in CAS mission capabilities. But notes, documents, and annotated briefing slides reviewed by CDI reveal that what the Air Force publicly released from the Summit is nothing more than a white-washed assessment of the true and substantial operational risks of retiring the A-10.
  • Just prior to the Summit, a working group of approximately 40 people, including CAS-experienced Air Force service members, met for three days at Davis-Monthan Air Force Base to identify potential risks and shortfalls in CAS capabilities. But Air Force headquarters gave them two highly restrictive ground rules: first, assume the A-10s are completely divested, with no partial divestments to be considered; and second, assume the F-35 is fully CAS capable by 2021 (an ambitious assumption at best). The working groups included A-10 pilots, F-16 pilots, and Joint Terminal Attack Controllers (JTACs), all with combat-based knowledge of the CAS platforms and their shortfalls and risks. They summarized their findings with slides stating that the divestment would “cause significant CAS capability and capacity gaps for 10 to 12 years,” create training shortfalls, increase costs per flying hour, and sideline over 200 CAS-experienced pilots due to lack of cockpits for them. Additionally, they found that after the retirement of the A-10 there would be “very limited” CAS capability at low altitudes and in poor weather, “very limited” armor killing capability, and “very limited” ability to operate in the GPS-denied environment that most experts expect when fighting technically competent enemies with jamming technology, an environment that deprives the non-A-10 platforms of their most important CAS-guided munition. They also concluded that even the best mitigation plans they were recommending would not be sufficient to overcome these problems and that significant life-threatening shortfalls would remain.
  • General Carlisle was briefed at Davis-Monthan on these incurable risks and gaps that A-10 divestment would cause. Workshop attendees noted that he understood gaps in capability created by retiring the A-10 could not be solved with the options currently in place. General Carlisle was also briefed on the results of the second task to develop a list of requirements and capabilities for a new A-X CAS aircraft that could succeed the A-10. “These requirements look a lot like the A-10, what are we doing here?” he asked. The slides describing the new A-X requirements disappeared from subsequent Pentagon Summit presentations and were never mentioned in any of the press releases describing the summit.
  • At the four-day Pentagon Summit the next week, the Commander of the 355th Fighter Wing, Davis-Monthan Air Force Base, Col. James P. Meger, briefed lower level joint representatives from the Army and the Marine Corps about the risks identified by the group at Davis-Monthan. Included in the briefing was the prediction that divestment of the A-10 would result in “significant capability and capacity gaps for the next ten to twelve years” that would require maintaining legacy aircraft until the F-35A was fully operational. After the presentation, an Army civilian representative became concerned. The slides, he told Col. Meger, suggested that the operational dangers of divestment of the A-10 were much greater than had been previously portrayed by the Air Force. Col. Meger attempted to reassure the civilian that the mitigation plan would eliminate the risks. Following the briefing, Col. Meger met with Lt. Gen. Tod D. Wolters, the Deputy Chief of Staff for Operations for Air Force Headquarters. Notably, the Summit Slide presentation for general officers the next day stripped away any mention of A-10 divestment creating significant capability gaps. Any mention of the need to maintain legacy aircraft, including the A-10, until the F-35A reached full operating capability (FOC) was also removed from the presentation.
  • The next day, Col. Meger delivered the new, sanitized presentation to the Air Force Chief of Staff. There was only muted mention of the risks presented by divestment. There was no mention of the 10- to 12-year estimated capability gap, nor was there any mention whatsoever of the need to maintain legacy aircraft—such as the A-10 or less capable alternatives like the F-16 or F-15E—until the F-35A reached FOC. Other important areas of concern to working group members, but impossible to adequately address within the three days at Davis-Monthan, were the additional costs to convert squadrons from the A-10 to another platform, inevitable training shortfalls that would be created, and how the deployment tempos of ongoing operations would further exacerbate near-term gaps in CAS capability. To our knowledge, none of these concerns surfaced during any part of the Pentagon summit.
  • Inevitably, the Air Force generals leading the ongoing CAS Summit media blitz will point congressional Armed Services and Appropriations committees to the whitewashed results of their sham summit. When they do, Senators and Representatives who care about the lives of American troops in combat need to ask the generals the following questions: Why wasn’t this summit held before the Air Force decided to get rid of A-10s? Why doesn’t the Air Force’s joint CAS summit include any statement of needs from soldiers or Marines who have actually required close air support in combat? What is the Air Force’s contingency plan for minimizing casualties among our troops in combat in the years after 2019, if the F-35 is several years late in achieving its full CAS capabilities? When and how does the Air Force propose to test whether the F-35 can deliver close support at least as combat-effective as the A-10’s present capability? How can that test take place without A-10s? Congress cannot and should not endorse Air Force leadership’s Summit by divesting the A-10s. Instead, the Senate and House Armed Services Committees need to hold hearings that consider the real and looming problems of inadequate close support, the very problems that Air Force headquarters prevented their Summit from addressing. These hearings need to include a close analysis of CAPE’s assessment and whether the decision to classify its report was necessary and appropriate. Most importantly, those hearings must include combat-experienced receivers and providers of close support who have seen the best and worst of that support, not witnesses cherry-picked by Air Force leadership—and the witnesses invited must be free to tell it the way they saw it.
  • If Congress is persuaded by the significant CAS capability risks and gaps originally identified by the Summit’s working groups, they should write and enforce legislation to constrain the Air Force from further eroding the nation’s close air support forces. Finally, if Congress believes that officers have purposely misled them about the true nature of these risks, or attempted to constrain service members’ communications with Congress about those risks, they should hold the officers accountable and remove them from positions of leadership. Congress owes nothing less to the troops they send to fight our wars.
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     Though not touched on in the article, the real problem is that the A10 has no proponents at the higher ranks of the Air Force because it is already bought and paid for; there's nothing in the A10 for the big Air Force aircraft manufacturing defense contractors. The F35, on the other hand is, is a defense contractor wet dream. It's all pie in the sky and big contracts just to get the first one in the air, let alone outfit it with the gear and programming needed to use it to inflict harm. It's been one cost-overrun after another and delay after delay. It's a national disgrace that has grown to become the most expensive military purchase in history. And it will never match the A10 for the close air support role. It's minimum airspeed is too high and its close-in maneuverability will be horrible. The generals, of course, don't want to poison the well for their post-military careers working for the defense contractors by putting a halt to the boondobble. Their answer: eliminate the close air support mission for at least 10-12 years and then attempt it with the F35.   As a former ground troop, that's grounds for the Air Force generals' court-martial and dishonorable discharge. I would not be alive today were it not for close air support. And there are tens of thousands of veterans who can say that in all truth. The A10 wasn't available back in my day, but by all reports its the best close air support weapons platform ever developed. It's a tank killer and is heavily armored, with redundant systems for pilot and aircraft survivability. The A10 is literally built around a 30 mm rotary cannon that fires at 3,900 rounds per minute. It also carries air to ground rockets and is the only close air support aircraft still in the U.S. arsenal. Fortunately, John McCain "get it" on the close air support mission and has managed to mostly protect the A10 from the generals. If you want to learn  more about the F35 scandal, try this Wikipedia article section; although it's enoug
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Distrust of US surveillance threatens data deal | TheHill - 0 views

  • European privacy regulators are putting U.S. surveillance practices under the microscope, this time with a crucial transatlantic data deal hanging in the balance.Legal and privacy advocates say European nations are poised to strike down the deal if they decide the U.S. hasn't done enough to reform its spying programs.The new test comes after the European Commission and the Commerce Department — after months of tense negotiations — reached a deal this week permitting Facebook, Google and thousands of other companies to continue legally handling Europeans’ personal data.ADVERTISEMENTCritics though have long warned that unless the U.S. overhauls its privacy and national security laws, there is no legal framework that can stand up in European court, where privacy is considered a fundamental right under the EU Charter.A working group of 28 EU nations’ data protection authorities — domestic entities separate from the Commission that will be in charge of enforcing the new agreement — may now cast the deciding vote.The group is spending the next few months picking through the so-called Privacy Shield agreement to determine if it adequately protects the personal data of European citizens.
  • “The Commission has said, ‘We’re satisfied. We believe them. We believe the U.S. has substantially changed its practices,’ and they are no longer going off the [Edward] Snowden revelations in the media,” said Susan Foster, a privacy attorney at Mintz Levin who works in both the EU and the U.S.“Whether the working group will go along with it is another question.”The privacy advocate whose complaint against Facebook brought down the Privacy Shield’s 15-year-old predecessor agreement is already questioning the new deal’s validity.“With all due respect ... a couple of letters by the outgoing Obama administration is by no means a legal basis to guarantee the fundamental rights of 500 million European users in the long run, when there is explicit U.S. law allowing mass surveillance,” Max Schrems of Austria said in a statement Tuesday.The United States has been fighting against the perception that it tramples on civil liberties after ex-National Security Agency contractor Edward Snowden revealed the breadth of the agency’s snooping.One sticking point in the Privacy Shield negotiations was over the scope of an exception allowing surveillance for national security purposes.
  • In announcing the deal, Commission officials insisted that the U.S. had provided “detailed written assurances” that surveillance of Europeans’ data by intelligence agencies would be subject to appropriate limitations.“The U.S. has clarified that they do not carry out indiscriminate surveillance of Europeans,” Andrus Ansip, Vice President for the Digital Single Market on the European Commission, said Tuesday.The U.S. has also agreed to create an office in the State Department, to address complaints from EU citizens who feel their data has been inappropriately accessed by intelligence authorities.Complicating the working group’s approval of the deal is the hodgepodge of competing regulators in Europe. Each nation has an agency in charge of its own country’s regulation. Some countries — such as Germany — are seen as tougher on privacy than others, like France or the U.K.While some countries consider U.S. privacy protections to be satisfactory, in others they are seen as woefully inadequate.
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  • Defenders of U.S. intelligence practices often point to France and the U.K., arguing they are equally intrusive with their citizens' data.A recent public report “pretty clearly documented that the protections are patchy, vary hugely and are nonexistent in some of the countries,” Foster noted.Privacy advocates dismiss those arguments.“You cannot pick the worst member state, like the U.K., and claim you are ‘equivalent’ to that,” Schrems said Tuesday. “First, this is not a price [sic] you want to win, secondly you have to meet the standards of the European Court of Justice, EU law and the EU Charter of Fundamental Rights — not the standard of the worst member state.”The U.S. has made significant reforms to federal spying powers under the Obama administration.The Privacy and Civil Liberties Oversight Board — a small bipartisan watchdog — on Friday said the government has begun addressing each of the nearly two-dozen recommendations it made following Snowden's revelations.“[I]mportant measures have been taken to enhance the protection of Americans’ privacy and civil liberties and to strengthen the transparency of the government’s surveillance efforts, without jeopardizing our counterterrorism efforts,” the five-member board said.
  • But whether European countries believe those changes are sufficient to sign off on the Privacy Shield is uncertain. Each of the EU’s 28 member states must approve the deal before it can be finalized.“A lot of this is going to come down to whether the data protection authorities are persuaded by the U.S.’s portrayal of the cumulative protections given to European citizens and the cumulative carving back on the NSA surveillance programs,” Foster said.If the European working group is not satisfied with the assurances from the Commerce Department, the consequences could be dire. Businesses fear a chilling of transatlantic trade, valued at $1 trillion in 2014.The most likely outcome, experts say, would be a patchwork of country-to-country regulations that would make it extremely expensive for companies to comply.Legislative changes in the U.S. seem unlikely. Congress is close to passing a privacy law considered crucial to getting seeing the Privacy Shield approved. But the bill — which gives EU citizens the right to sue in U.S. courts over the misuse of personal data — has sparked controversy on Capitol Hill.Some lawmakers are expressing frustration that the EU has used the threat of enforcement action against U.S. companies to push Congress to make more concessions.“It’s been hard enough to get the Judicial Redress Act passed — if they’re going to make more demands on Congress, there won’t be a lot of willing listeners here,” Sen. Chris Murphy (D-Conn.) told The Hill on Thursday.
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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.
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