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Paul Merrell

Most Agencies Falling Short on Mandate for Online Records - 0 views

  • Nearly 20 years after Congress passed the Electronic Freedom of Information Act Amendments (E-FOIA), only 40 percent of agencies have followed the law's instruction for systematic posting of records released through FOIA in their electronic reading rooms, according to a new FOIA Audit released today by the National Security Archive at www.nsarchive.org to mark Sunshine Week. The Archive team audited all federal agencies with Chief FOIA Officers as well as agency components that handle more than 500 FOIA requests a year — 165 federal offices in all — and found only 67 with online libraries populated with significant numbers of released FOIA documents and regularly updated.
  • Congress called on agencies to embrace disclosure and the digital era nearly two decades ago, with the passage of the 1996 "E-FOIA" amendments. The law mandated that agencies post key sets of records online, provide citizens with detailed guidance on making FOIA requests, and use new information technology to post online proactively records of significant public interest, including those already processed in response to FOIA requests and "likely to become the subject of subsequent requests." Congress believed then, and openness advocates know now, that this kind of proactive disclosure, publishing online the results of FOIA requests as well as agency records that might be requested in the future, is the only tenable solution to FOIA backlogs and delays. Thus the National Security Archive chose to focus on the e-reading rooms of agencies in its latest audit. Even though the majority of federal agencies have not yet embraced proactive disclosure of their FOIA releases, the Archive E-FOIA Audit did find that some real "E-Stars" exist within the federal government, serving as examples to lagging agencies that technology can be harnessed to create state-of-the art FOIA platforms. Unfortunately, our audit also found "E-Delinquents" whose abysmal web performance recalls the teletype era.
  • E-Delinquents include the Office of Science and Technology Policy at the White House, which, despite being mandated to advise the President on technology policy, does not embrace 21st century practices by posting any frequently requested records online. Another E-Delinquent, the Drug Enforcement Administration, insults its website's viewers by claiming that it "does not maintain records appropriate for FOIA Library at this time."
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  • "The presumption of openness requires the presumption of posting," said Archive director Tom Blanton. "For the new generation, if it's not online, it does not exist." The National Security Archive has conducted fourteen FOIA Audits since 2002. Modeled after the California Sunshine Survey and subsequent state "FOI Audits," the Archive's FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Recommendations from previous Archive FOIA Audits have led directly to laws and executive orders which have: set explicit customer service guidelines, mandated FOIA backlog reduction, assigned individualized FOIA tracking numbers, forced agencies to report the average number of days needed to process requests, and revealed the (often embarrassing) ages of the oldest pending FOIA requests. The surveys include:
  • The federal government has made some progress moving into the digital era. The National Security Archive's last E-FOIA Audit in 2007, " File Not Found," reported that only one in five federal agencies had put online all of the specific requirements mentioned in the E-FOIA amendments, such as guidance on making requests, contact information, and processing regulations. The new E-FOIA Audit finds the number of agencies that have checked those boxes is now much higher — 100 out of 165 — though many (66 in 165) have posted just the bare minimum, especially when posting FOIA responses. An additional 33 agencies even now do not post these types of records at all, clearly thwarting the law's intent.
  • The FOIAonline Members (Department of Commerce, Environmental Protection Agency, Federal Labor Relations Authority, Merit Systems Protection Board, National Archives and Records Administration, Pension Benefit Guaranty Corporation, Department of the Navy, General Services Administration, Small Business Administration, U.S. Citizenship and Immigration Services, and Federal Communications Commission) won their "E-Star" by making past requests and releases searchable via FOIAonline. FOIAonline also allows users to submit their FOIA requests digitally.
  • THE E-DELINQUENTS: WORST OVERALL AGENCIES In alphabetical order
  • Key Findings
  • Excuses Agencies Give for Poor E-Performance
  • Justice Department guidance undermines the statute. Currently, the FOIA stipulates that documents "likely to become the subject of subsequent requests" must be posted by agencies somewhere in their electronic reading rooms. The Department of Justice's Office of Information Policy defines these records as "frequently requested records… or those which have been released three or more times to FOIA requesters." Of course, it is time-consuming for agencies to develop a system that keeps track of how often a record has been released, which is in part why agencies rarely do so and are often in breach of the law. Troublingly, both the current House and Senate FOIA bills include language that codifies the instructions from the Department of Justice. The National Security Archive believes the addition of this "three or more times" language actually harms the intent of the Freedom of Information Act as it will give agencies an easy excuse ("not requested three times yet!") not to proactively post documents that agency FOIA offices have already spent time, money, and energy processing. We have formally suggested alternate language requiring that agencies generally post "all records, regardless of form or format that have been released in response to a FOIA request."
  • Disabilities Compliance. Despite the E-FOIA Act, many government agencies do not embrace the idea of posting their FOIA responses online. The most common reason agencies give is that it is difficult to post documents in a format that complies with the Americans with Disabilities Act, also referred to as being "508 compliant," and the 1998 Amendments to the Rehabilitation Act that require federal agencies "to make their electronic and information technology (EIT) accessible to people with disabilities." E-Star agencies, however, have proven that 508 compliance is no barrier when the agency has a will to post. All documents posted on FOIAonline are 508 compliant, as are the documents posted by the Department of Defense and the Department of State. In fact, every document created electronically by the US government after 1998 should already be 508 compliant. Even old paper records that are scanned to be processed through FOIA can be made 508 compliant with just a few clicks in Adobe Acrobat, according to this Department of Homeland Security guide (essentially OCRing the text, and including information about where non-textual fields appear). Even if agencies are insistent it is too difficult to OCR older documents that were scanned from paper, they cannot use that excuse with digital records.
  • Privacy. Another commonly articulated concern about posting FOIA releases online is that doing so could inadvertently disclose private information from "first person" FOIA requests. This is a valid concern, and this subset of FOIA requests should not be posted online. (The Justice Department identified "first party" requester rights in 1989. Essentially agencies cannot use the b(6) privacy exemption to redact information if a person requests it for him or herself. An example of a "first person" FOIA would be a person's request for his own immigration file.) Cost and Waste of Resources. There is also a belief that there is little public interest in the majority of FOIA requests processed, and hence it is a waste of resources to post them. This thinking runs counter to the governing principle of the Freedom of Information Act: that government information belongs to US citizens, not US agencies. As such, the reason that a person requests information is immaterial as the agency processes the request; the "interest factor" of a document should also be immaterial when an agency is required to post it online. Some think that posting FOIA releases online is not cost effective. In fact, the opposite is true. It's not cost effective to spend tens (or hundreds) of person hours to search for, review, and redact FOIA requests only to mail it to the requester and have them slip it into their desk drawer and forget about it. That is a waste of resources. The released document should be posted online for any interested party to utilize. This will only become easier as FOIA processing systems evolve to automatically post the documents they track. The State Department earned its "E-Star" status demonstrating this very principle, and spent no new funds and did not hire contractors to build its Electronic Reading Room, instead it built a self-sustaining platform that will save the agency time and money going forward.
Gary Edwards

Multiple Agencies Involved with IRS in Intimidation - 0 views

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    Tea party groups' allegations that the IRS has long been targeting them for their political beliefs were recently confirmed by an apology from the IRS. The scandal gained traction as congressional leaders began efforts to hold the IRS accountable and understand the depths of the federal government's politically-motivated abuses of power. True the Vote, a Houston-based nonprofit which focuses on election integrity issues, was formed by Catherine Engelbrecht and her King Street Patriots Tea Party group. True the Vote applied to the IRS for their 501(c3) non-profit status in July 2010, and almost immediately their problems began.  Within two years, multiple federal agencies, along with an EPA-affiliated Texas state agency, began auditing True the Vote and its founders, visiting their group, their businesses, and asking questions of people who knew them. The IRS was not the only governmental agency involved.  "Engelbrecht's application with the IRS for non-profit status allegedly triggered aggressive audits of one of her family's personal businesses as well. The FBI (Federal Bureau of Investigation) began a series of inquiries about her and her group; the BATF (Bureau of Alcohol Tobacco and Firearms) began demanding to see her family's firearms in surprise audits of her and her husband's small gun dealership--which had done less than $200 in sales; OSHA (Occupational Safety Hazards Administration) began a surprise audit of their small family manufacturing business; and the EPA-affiliated TCEQ (Texas Commission on Environment Quality) did a surprise visit and audit due to "a complaint being called in."  The Democratic Party of Texas filed a lawsuit against her, as did an ACORN affiliated group. Both the FBI and the BATF continued to poke around her life, the lives of people in her Tea Party group, and her businesses."
Gary Edwards

The Fed's $16 Trillion Bailouts Under-reported - Forbes - 0 views

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    The audit of the Fed's emergency lending programs was scarcely reported by mainstream media - albeit the results are undoubtedly newsworthy.  It is the first audit of the Fed in United States history since its beginnings in 1913.  The findings verify that over $16 trillion was allocated to corporations and banks internationally, purportedly for "financial assistance" during and after the 2008 fiscal crisis. Sen. Bernie Sanders (I-VT) amended the Wall Street Reform law to audit the Fed, pushing the GAO to step in and take a look around.  Upon hearing the announcement that the first-ever audit would take place in July, the media was bowled over and nearly every broadcast network and newspaper covered the story.  However, the audit's findings were almost completely overlooked, even with a number as high as $16 trillion staring all of us in the face.
Paul Merrell

Federal Reserve Audit Bill Overwhelmingly Passes The House - 0 views

  • WASHINGTON -- In a rare moment of bipartisanship, the House overwhelmingly passed a bill by Rep. Ron Paul (R-Texas) to audit the Federal Reserve. The bill, which has 270 co-sponsors, passed 327 to 98. All but one Republican -- Rep. Bob Turner of New York -- voted for it, along with 89 Democrats. Paul teamed up with former Rep. Alan Grayson (D-Fla.) in 2010 to pass similar legislation that became part of the final Wall Street reform bill. But Paul has said new audit legislation is needed because the 2010 bill didn't go far enough. Specifically, he states on his website that the audit called for in the 2010 bill only focused on emergency credit programs and procedural issues, rather than on the substantive details of the lending transactions. The 2012 bill doesn't limit the focus of the audit.
  • "The Fed creates trillions of dollars out of nothing and gives it to banks. Congress is in the dark. The Fed sets the stage for the subprime meltdown. Congress is in the dark. The Fed takes a dive on LIBOR. Congress is in the dark. The Fed doesn’t tell regulators what is going on. Congress is in the dark," Kucinich shouted on the House floor, just before the vote. "It is time for us to bring the Fed into the sunshine of accountability," he said.
Paul Merrell

NSA Critics, Right All Along | National Review Online - 1 views

  • Barton Gellman’s explosive story in last Thursday’s Washington Post revealed an unnerving audit of the National Security Agency that showed, among other things, that the federal government “broke privacy rules thousands of times per year” in conducting extensive and “unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by statute and executive order.” Thus was put convincingly to bed the now-obselete notion that the NSA’s claim on the privacy of the righteous was merely declaratory.
  • Contrary to the self-satisfied insistence of America’s national-security apologists, none of the excuses made on behalf of the NSA are reassuring. To both their credit and discredit, people in the United States continue to exhibit a definite fear of accusing public servants of mendacity. It is therefore apparently beyond the pale to suggest that President Obama was “lying” when he promised that the “transparent” NSA has not been “actually abusing” its power and that “we don’t have a domestic spying program.” For the sake of this column, I shall defer to the tradition.
  • Nevertheless, if Obama was in fact not lying, then there remain only two reasonable options as to why his explanations and the truth are so far removed from one another: Either the president of the United States is so genuinely and worryingly out of touch with his own NSA that he has no idea what is going on, or his conception of what constitutes “abuse” is appreciably different enough from everyone else’s that he is unsuited to the high office he holds. As The Atlantic’s Conor Friedersdorf helpfully clarifies: “The 2,776 incidents of illegal surveillance” that the audit revealed “don’t mean that just 2,766 people had their rights violated — in just a single one of those 2,776 incidents, 3,000 people had their rights violated,” sometimes because operators inadvertently started tracking all calls into Washington, D.C. If this is not “abuse,” what is?
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    Let's always keep in mind that the NSA audits are only spot checks and that far more database queries are never audited. 
Paul Merrell

Half of Federal Agencies Still Use Outdated Freedom of Information Regulations - 0 views

  • Nearly half (50 out of 101) of all federal agencies have still not updated their Freedom of Information Act regulations to comply with Congress's 2007 FOIA amendments, and even more agencies (55 of 101) have FOIA regulations that predate and ignore President Obama's and Attorney General Holder's 2009 guidance for a "presumption of disclosure," according to the new National Security Archive FOIA Audit released today to mark Sunshine Week. Congress amended the Freedom of Information Act in 2007 to prohibit agencies from charging processing fees if they missed their response deadlines, to include new online journalists in the fee waiver category for the media, to order agencies to cooperate with the new FOIA ombudsman (the Office of Government Information Services, OGIS), and to require reports of specific data on their FOIA output, among other provisions co-authored by Senators Patrick Leahy (D-VT) and John Cornyn (R-TX). But half the government has yet to incorporate these changes in their regulations, according to the latest National Security Archive FOIA Audit. After President Obama's "Day One" commitments to open government, Attorney General Eric Holder issued new FOIA guidance on March 19, 2009, declaring that agencies should adopt a "presumption of disclosure," encourage discretionary releases if there was no foreseeable harm (even if technically covered by an exemption), proactively post the records of greatest public interest online, and remove "unnecessary bureaucratic hurdles" from the FOIA process. But five years later, the Archive found a majority of agencies have old regulations that simply ignore this guidance.
  • The Archive's FOIA Audit also highlights some good news this Sunshine Week: New plans from both the House of Representatives and White House have the potential to compel delinquent agencies to update their regulations. "Both Congress and the White House now recognize the problem of outdated FOIA regulations, and that is something to celebrate," said Archive director Tom Blanton. "But new regs should not follow the Justice Department's terrible lead, they must follow the best practices already identified by the FOIA ombuds office and FOIA experts." "If and when this important FOIA reform occurs, open government watchdogs must be vigilant to ensure that the agencies' updated regulations are progressive, rather than regressive, and embrace best practices to ensure that more documents are released to requesters, more quickly" said Nate Jones, the Archive's FOIA coordinator.
  • In 2011, the back-to-back Rosemary Award-winning Department of Justice proposed FOIA regulations that would have — among many other FOIA setbacks — allowed the Department to lie to FOIA requesters, eliminated online-only publications from receiving media fee status, and made it easier to destroy records. After intense pushback by openness advocates, the DOJ temporarily pulled these regulations, and Pustay claimed, "some people misinterpreted what we were trying to do, misconstrued some of the provisions, and didn't necessarily understand some of the fee guidelines." Pustay also claimed — to an incredulous Senate Judiciary Committee — that updating FOIA regulations to conform with the 2007 OPEN Government Act was merely optional and "not required." National Security Archive director Tom Blanton warned in his own 2013 Senate testimony that these terrible "vampire" regulations were not gone for good. This year, Pustay testified that the Department of Justice has indeed resubmitted its FOIA regulations for OMB approval; their content is unknown to the public.
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  • The House of Representatives recently unanimously passed the bipartisan Freedom of Information Act Implementation Act (H.R. 1211), which includes a provision compelling agencies to update their FOIA regulations. The House bill — which now awaits Senate approval — would require each agency to update its FOIA regulations "not later than 180 days after the enactment of this Act." The White House is also addressing the problem of outdated FOIA regulations, albeit in a different manner. In its latest Open Government Partnership National Action Plan, the White House has committed (on paper, at least) to creating one "core FOIA regulation and common set of practices [that] would make it easier for requesters to understand and navigate the FOIA process and easier for the Government to keep regulations up to date." Transparency watchdogs went on alert this week after the Department of Justice's Director of Information Policy Melanie Pustay announced during her Senate testimony on March 11, 2014 that, "My office is leading that project" to create the White House-backed common regulation which, she estimated will be, "a one or two year project." Despite Pustay's pledge that she would accept input from OGIS and the requester community, her Department's history of crafting FOIA regulations has been anything but stellar.
  • As the Department of Justice and other agencies have demonstrated, new regulations do not necessarily make good regulations. As such, the National Security Archive has recommended that any updated FOIA regulations must: mandate that FOIA officers embrace direct communications with requesters; require agencies to receive requests by e-mail and post all responses and documents online; direct agencies to update their FOIA processing software so documents can be posted to any online repository, including the government-sponsored FOIAonline; encourage agencies to join FOIAonline to make their FOIA processing more cost-effective and efficient; stream-line inter and intra-agency "referral" black holes — and keep requesters abreast of where their requests are if the agency does have to refer them; include language encouraging use of the OGIS, which can help requesters and agencies mediate disputes to avoid animosity and costly litigation; end the practice of using fees to discourage FOIA requesters. The Office of Government Information Services — which reviews and comments on agency regulations as they are proposed — has also compiled a list of best practices for agencies to consider while crafting regulations. These include: "let the Freedom of Information Act itself" — and its presumption for disclosure — "be your guide;" bring attorneys, FOIA processors, records managers and IT pros to the table; include your plan for records management and preservation; and alert requesters of their option to contact OGIS for mediation and dispute resolution services.
  • A useful compilation of current agency FOIA regulation language — already on the books — put together by the Center of Effective Government also includes helpful guidelines on preventing the destruction of requested records; narrowly interpreting claims of confidential business information; and clarifying fee waivers and procedures. FOIA experts are currently working to craft model, pro-transparency, CFR-ready language that agencies — or the drafters of government-wide common regulations — can use to bring agencies' Freedom of Information Act regulations up to standard. Watch this space, and then watch the Code of Federal Regulations (CFR). "As the staffer who waded through every single federal agencies' FOIA website and CFR chapter to locate their — sometimes hidden — regulations, I learned FOIA officials often say they view their FOIA requesters as customers," said Archive researcher Lauren Harper, "I think easy to find, updated model FOIA regulations are the best way for agencies to demonstrate they truly value their customer service, and the spirit of the FOIA."
  • The National Security Archive has conducted thirteen FOIA audits since 2002. Modeled after the California Sunshine Survey and subsequent state "FOI Audits," the Archive's FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Recommendations from previous Archive FOIA Audits have led directly to laws and executive orders which have: set explicit customer service guidelines, mandated FOIA backlog reduction, assigned individualized FOIA tracking numbers, forced agencies to report the average number of days needed to process requests, and revealed the (often embarrassing) ages of the oldest pending FOIA requests. The surveys include:
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    Article includes tables indicating which agencies are out of compliance with which FOIA directives. 
Gary Edwards

10 Things That Every American Should Know About The Federal Reserve - 1 views

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    Awful stuff.  Brace yoruselves, the facts will make you wretch. excerpt: The American people got so upset about the bailouts that Congress gave to the Wall Street banks and to the big automakers, but did you know that the biggest bailouts of all were given out by the Federal Reserve? Thanks to a very limited audit of the Federal Reserve that Congress approved a while back, we learned that the Fed made trillions of dollars in secret bailout loans to the big Wall Street banks during the last financial crisis.  They even secretly loaned out hundreds of billions of dollars to foreign banks. According to the results of the limited Fed audit mentioned above, a total of $16.1 trillion in secret loans were made by the Federal Reserve between December 1, 2007 and July 21, 2010. The following is a list of loan recipients that was taken directly from page 131 of the audit report.... Citigroup - $2.513 trillion Morgan Stanley - $2.041 trillion Merrill Lynch - $1.949 trillion Bank of America - $1.344 trillion Barclays PLC - $868 billion Bear Sterns - $853 billion Goldman Sachs - $814 billion Royal Bank of Scotland - $541 billion JP Morgan Chase - $391 billion Deutsche Bank - $354 billion UBS - $287 billion Credit Suisse - $262 billion Lehman Brothers - $183 billion Bank of Scotland - $181 billion BNP Paribas - $175 billion Wells Fargo - $159 billion Dexia - $159 billion Wachovia - $142 billion Dresdner Bank - $135 billion Societe Generale - $124 billion "All Other Borrowers" - $2.639 trillion So why haven't we heard more about this? This is scandalous. In addition, it turns out that the Fed paid enormous sums of money to the big Wall Street banks to help "administer" these nearly interest-free loans....
Paul Merrell

NSA broke privacy rules thousands of times per year, audit finds - The Washington Post - 0 views

  • The National Security Agency has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008, according to an internal audit and other top-secret documents. Most of the infractions involve unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by statute and executive order. They range from significant violations of law to typographical errors that resulted in unintended interception of U.S. e-mails and telephone calls.
  • The documents, provided earlier this summer to The Washington Post by former NSA contractor Edward Snowden, include a level of detail and analysis that is not routinely shared with Congress or the special court that oversees surveillance. In one of the documents, agency personnel are instructed to remove details and substitute more generic language in reports to the Justice Department and the Office of the Director of National Intelligence.
  • Read the documents NSA report on privacy violations Read the full report with key sections highlighted and annotated by the reporter.
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  • The National Security Agency has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008, according to an internal audit and other top-secret documents. Most of the infractions involve unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by statute and executive order. They range from significant violations of law to typographical errors that resulted in unintended interception of U.S. e-mails and telephone calls.
  • The National Security Agency has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008, according to an internal audit and other top-secret documents.
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    4 Part Article; this is page 1. Based on a Congressional Audit of the NSA, and, the NSA documents provided by uber patriot Edward Snowden.
Gary Edwards

Government Stupidity - Must-read: How the gov't could save $1.6 trillionand solve the "... - 1 views

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    YES!  This works for me.  The Banksters should not profit from the corruption of our politicians.   Keep in mind that the recent GAO audit of the Federal Reserve - the first audit in a 100 yrs, making it the first audit ever, has disclosed that in 2009 and 2010, the bankster cartel gave over $16 Trill to international and wall street banks - interest free.  Don't you think they could spare us $1.6 Trill of our own money?   Many thanks to Dan Ferris ......  There's another solution to the debt ceiling problem that would instantly eliminate $1.6 trillion in government debt. In other words, it would instantly reduce the national debt to approximately $1.6 trillion below the debt ceiling. That would give the President and Congress at least a year to hash out an agreement on spending cuts and tax increases. The plan is elegantly simple and radical. The largest holder of U.S. Treasury debt is the Federal Reserve Bank of the United States, the central bank of the United States. Texas Congressman Ron Paul has proposed the Federal Reserve simply cancel the $1.6 trillion in Treasury debt it holds. The Federal Reserve owns the bonds, so the Treasury is paying the Fed interest. The Fed in turn refunds the interest back to the Treasury. This is theatre of the absurd. Though the Fed is technically a privately owned bank, it's really the hand maiden of the government. It was created by a government act and is overseen by a government-appointed board of governors. For practical intents and purposes, the government owns the Fed's Treasury debt holdings. In other words, the government is borrowing from itself and manufacturing an enormous liability on which it must make interest payments - to itself! I hope you're starting to get the feeling the government is playing games and inventing a phony crisis. That's much closer to the truth. But the government's shell game of lending to itself could turn genuinely ugly.
Gary Edwards

GAO Audit: Fed Gave $16 Trillion in Emergency Loans to Bankster Cartel! - 0 views

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    The U.S. Federal Reserve gave out $16.1 trillion in emergency loans to U.S. and foreign financial institutions between Dec. 1, 2007 and July 21, 2010, according to figures produced by the government's first-ever audit of the central bank. Last year, the gross domestic product of the entire U.S. economy was $14.5 trillion. Of the $16.1 trillion loaned out, $3.08 trillion went to financial institutions in the U.K., Germany, Switzerland, France and Belgium, the Government Accountability Office's (GAO) analysis shows. Additionally, asset swap arrangements were opened with banks in the U.K., Canada, Brazil, Japan, South Korea, Norway, Mexico, Singapore and Switzerland. Twelve of those arrangements are still ongoing, having been extended through August 2012. Out of all borrowers, Citigroup received the most financial assistance from the Fed, at $2.5 trillion. Morgan Stanley came in second with $2.04 trillion, followed by Merill Lynch at $1.9 trillion and Bank of America at $1.3 trillion. The audit also found that the Fed mostly outsourced its lending operations to the very financial institutions which sparked the crisis to begin with, and that they delegated contracts largely on a no-bid basis. The GAO report recommends new policies that would eliminate such conflicts of interest, and suggests that in the future the Fed should keep better records of their emergency decision-making process.
Paul Merrell

Secretive California Gang Database Included 42 Babies - 0 views

  • n explosive state audit of a secretive California gang database used by law enforcement showed 42 profiles were for 1-year-old children, half of whom apparently confessed to being in gangs. The database, paid for by taxpayers, is rife with other errors. Of those profiles for 1-year-old children, 28 were entered for “admitting to being gang members,” according to State Auditor Elaine Howle in a statement issued with the report The CalGang Criminal Intelligence System on Friday. CalGang is a shared criminal intelligence system that law enforcement agencies throughout the state used voluntarily. It is where they entered the names of suspected gang members, associated gangs, and any information that led law enforcement to suspect they were gang members.
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    Now compare the CalGang audit results with the nation's No-Fly-List, which has never had an audit but gets its info from the same source, law enforcement, and the oxymoronic government intelligence. There is no legal procedure to have your name removed from the No-Fly-List and only in one case has a judge ordered removal nonetheless. Legislation is currently pending to bar sale of guns to people who are on the No-Fly List.
Gary Edwards

BanksterUSA -- A Project of the Center for Media and Democracy - 3 views

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    Contacts congress critters with direct eMail.  Latest issue is the effort to Audit the Federal Reserve.  Vermont Senator and uber Socialist Berny Sanders has proposed to include the Audit the Fed proposal in the Dodd Permanent Wall Street Bailout Bill also known as the Dodd Financial Reform Bill.
Gary Edwards

CHILDREN KILLED OF KEVIN KRIM, CHIEF EXECUTIVE OF CNBC DIGITAL, AFTER RELEASING INFORMA... - 0 views

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    Incredible article about the behind-the-scenes story of the nanny murder of two small children in NYC.   First, it's a staged murder meant to send a clear message to ALL media.  The children were the offspring of Kevin Krim, CEO of CNBC digital.  His website had published a story about the Spire Law Group suing an entire class of bigshot BANKSTERS for the theft of $43 TRILLION dollars of tax payer money.  Second, this involves the US Government.  The Spire allegation is that the Feds actively helped and assisted the Bankster theft. Third, the story describes the historical background of these Bankster hits, assassination and threats.  Although not covered in the article, Presidential assassinations in particular have an unmistakable link to Executive Orders that the Treasury print Silver Certificates that would compete against Bankster notes.  In one way or another, it's all about control of the money system.  This list of Presidents includes Jackson, Lincoln, Garfield, McKinley, Kennedy and Reagan. Original Press Release from the Spire Law Group:  ... http://goo.gl/ynV6O .... Wow! ................................... excerpt:: "On 10/25/2012 two corporate financial media bastions,  MarketWatch  (an affiliate of the Wall Street Journal) and CNBC, presented their readers with a bombshell.  In a too-good-to-be-true lawsuit, the top echelons of the USA's banking and civilian government had been sued for "racketeering and money laundering."  The suit requested "the return of $43 trillion to the United States Treasury."  Yes, you've read that right: 43 trillion-roughly 3 years worth of America's GDP or 3 times America's underestimate of its own national debt. The suit characterizes itself, according to these two corporate media tabloids, as the largest money laundering and racketeering lawsuit in United States History.  [It identifies] $43 trillion ($43,000,000,000,000.00) of laundered money by the 'Banksters' and their U.S. r
Gary Edwards

Major Banksters, Governmental Officials and Their Comrade Capitalists Targets of Spire ... - 0 views

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    "NEW YORK, Oct. 25, 2012 /PRNewswire via COMTEX/ -- Spire Law Group, LLP's national home owners' lawsuit, pending in the venue where the "Banksters" control their $43 trillion racketeering scheme (New York) - known as the largest money laundering and racketeering lawsuit in United States History and identifying $43 trillion ($43,000,000,000,000.00) of laundered money by the "Banksters" and their U.S. racketeering partners and joint venturers - now pinpoints the identities of the key racketeering partners of the "Banksters" located in the highest offices of government and acting for their own self-interests. In connection with the federal lawsuit now impending in the United States District Court in Brooklyn, New York (Case No. 12-cv-04269-JBW-RML) - involving, among other things, a request that the District Court enjoin all mortgage foreclosures by the Banksters nationwide, unless and until the entire $43 trillion is repaid to a court-appointed receiver - Plaintiffs now establish the location of the $43 trillion ($43,000,000,000,000.00) of laundered money in a racketeering enterprise participated in by the following individuals (without limitation): Attorney General Holder acting in his individual capacity, Assistant Attorney General Tony West, the brother in law of Defendant California Attorney General Kamala Harris (both acting in their individual capacities), Jon Corzine (former New Jersey Governor), Robert Rubin (former Treasury Secretary and Bankster), Timothy Geitner, Treasury Secretary (acting in his individual capacity), Vikram Pandit (recently resigned and disgraced Chairman of the Board of Citigroup), Valerie Jarrett (a Senior White House Advisor), Anita Dunn (a former "communications director" for the Obama Administration), Robert Bauer (husband of Anita Dunn and Chief Legal Counsel for the Obama Re-election Campaign), as well as the "Banksters" themselves, and their affiliates and conduits. The lawsuit alleges serial violations of the United States Patri
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    This is the first time anyone has tried to go after the Bankster class of midievil (mediæval) elites to recover theft of funds. Charges include racketeering, fraud and international money laundering. The mass tort action is now in the Brooklyn Federal Courts. Dead bodies are starting to show up as the Banksters move to shut down press coverage. Amazing stuff.
Paul Merrell

Remember when Obama said the NSA wasn't "actually abusing" its powers? He was wrong. - 1 views

  • At a news conference Friday, President Obama insisted that the threat of NSA abuses was mostly theoretical: If you look at the reports, even the disclosures that Mr. Snowden’s put forward, all the stories that have been written, what you’re not reading about is the government actually abusing these programs and, you know, listening in on people’s phone calls or inappropriately reading people’s e-mails. What you’re hearing about is the prospect that these could be abused. Now part of the reason they’re not abused is because they’re — these checks are in place, and those abuses would be against the law and would be against the orders of the FISC [Foreign Intelligence Surveillance Court]. Today our colleague Barton Gellman released new documents that contradicted Obama’s claims. Gellman obtained an audit of the NSA’s compliance record from NSA leaker Snowden earlier this summer. The audit, dated May 2012, counted 2,776 incidents in the preceding 12 months where the agency engaged in “unauthorized collection, storage, access to or distribution of legally protected communications.” The audit only covered issues at NSA facilities in the D.C. and Fort Meade areas.
  • Obama said that wasn’t supposed to happen because it would be “against the orders of the FISC.” So why didn’t the judges on the court catch these abuses? In another story broken by The Post today, the chief of the Foreign Intelligence Surveillance Act (FISA) Court admits he doesn’t actually have the capability to investigate the compliance record of NSA surveillance programs:
  • Under the FISA regime, the government doesn’t have to seek permission for individual surveillance targets. Instead, it seeks FISC approval for broad schemes of surveillance like PRISM and the phone records program. But that makes it extremely difficult for the FISC to check the court’s work, since the NSA can — and, apparently, did — hide misconduct from the court that’s supposedly supervising its activities.
Gary Edwards

IRS Lawyer Carter Hull Confirms Tea Party Targeting Ordered By Washington - Investors.com - 0 views

  • Hull has confirmed the premeditated targeting of Tea Party groups went even higher than him or Lerner.
  • Apparently not only Tea Party groups were targeted but actual candidates as well. On March 9, 2010, the day Tea Party candidate Christine O'Donnell revealed her plan to run for Vice President Joe Biden's former Delaware Senate seat , an IRS tax lien was placed on a house purported to be hers, an action that was quickly publicized by those who did not wish her well.
  • Earlier this year, Dennis Martel, special agent with the Department of Treasury in Baltimore, left a message on O'Donnell's cell phone telling her that an official in Delaware state government had improperly accessed her records on that very same day. The problem was that the house was not hers in the first place and the IRS eventually blamed the lien on a computer glitch and withdrew it.
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  • To us it is inconceivable that one of only two political appointees was directly involved in targeting of Tea Party groups without White House knowledge and consent. It is said the fish rots from the head, and this one is really beginning to stink.
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    This has gone way too far.  The 2012 elections must be nullified and rescheduled.  Tens of millions of American citizens have been systematically targeted, their civil and Constitutional rights destroyed, and their voices and votes politically eliminated by a massive government conspiracy.  The 2012 election is a fraud.  And nothing short of complete nullification and recall, and the termination of the IRS will do the great Republic justice. excerpt: Scandal: A retiring IRS lawyer implicates the IRS chief counsel's office, headed by an Obama appointee, as well as the head of the IRS' exempt organizations office. The targeting included a Tea Party Senate candidate. In Thursday's hearing before the House Oversight Committee, 72-year-old retiring IRS lawyer Carter Hull implicated the IRS chief counsel's office headed by William J. Wilkins, who attended at least nine White House meetings, and Lois Lerner, head of the exempt-organizations office, in the IRS scandal. In so doing, he made clear the targeting of Tea Party groups started in Washington and was directed from Washington. A tax-law specialist with 48 years of IRS experience, Hull testified that Lerner, the former head of the exempt organizations division, demanded that he send some of the reviews of Tea Party groups to the IRS chief counsel's office in Washington. The chief counsel is one of two political appointees in the IRS. According to Hull's testimony, Lerner, who famously pleaded her Fifth Amendment rights before the same committee, gave an atypical instruction that the Tea Party applications undergo special scrutiny that included an uncommon multilayer review that involved a top adviser to Lerner as well as the chief counsel's office. Hull's name came up earlier in the testimony of Holly Paz, a D.C.-based supervisor in the IRS's tax-exempt status division, who reported to Lerner. It was on May 22, the day after Paz was interviewed by investigators, that Lerner refused to answer questions from
Gary Edwards

NSA broke privacy rules thousands of times per year, audit finds - The Washington Post - 0 views

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    Page 2.   There is an incredible chart jpeg at the top of the page showing the audit stats.  Incredible.
Gary Edwards

You Won't BELIEVE What's Going On with Government Spying on Americans - BlackListedNews... - 1 views

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    "New Revelations Are Breaking Every Day" This web page is very well sourced and filled with links where you will get lost for hours. Excellent reference document ............................ Revelations about the breathtaking scope of government spying are coming so fast that it's time for an updated roundup: - Just weeks after NSA boss Alexander said that a review of NSA spying found not even one violation, the Washington Post published an internal NSA audit showing that the agency has broken its own rules thousands of times each year - 2 Senators on the intelligence committee said the violations revealed in the Post article were just the "tip of the iceberg" - Glenn Greenwald notes:  "One key to the WashPost story: the reports are internal, NSA audits, which means high likelihood of both under-counting & white-washing".(Even so, the White House tried to do damage control by retroactively changing on-the-record quotes) - The government is spying on essentially everything we do. It is not just "metadata" … although that is enough to destroy your privacy - The government has adopted a secret interpretation of the Patriot Act which allows it to pretend that "everything" is relevant … so it spies on everyone - NSA whistleblowers say that the NSA collects all of our conversations word-for-word - It's not just the NSA … Many other agencies, like the FBI and IRS - concerned only with domesticissues - spy on Americans as well - The information gained through spying is shared with federal, state and local agencies, and they are using that information to prosecute petty crimes such as drugs and taxes.  The agencies are instructed to intentionally "launder" the information gained through spying, i.e. to pretend that they got the information in a more legitimate way … and to hide that from defense attorneys and judges - Top counter-terror experts say that the government's mass spying doesn't keep us
Gary Edwards

GAO Fed Investigation: The Federal Reserve Bankster Cartel Audit - 1 views

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    The first ever audit of the Fed Banksters found that $16.1 Trillion dollars had been created by the Fed and distributed to their international and Wall Street Bankster affilliates at very favorable terms and near zero interest rates.   Question: "Mr. Sutton, why do you rob Banks?  " Answer: "Because that's where the money they stole from us is kept." We are at war with the Banksters and their highly paid political toadies.  Time to respond.
Paul Merrell

GCHQ taps fibre-optic cables for secret access to world's communications | UK news | gu... - 0 views

  • Britain's spy agency GCHQ has secretly gained access to the network of cables which carry the world's phone calls and internet traffic and has started to process vast streams of sensitive personal information which it is sharing with its American partner, the National Security Agency (NSA).The sheer scale of the agency's ambition is reflected in the titles of its two principal components: Mastering the Internet and Global Telecoms Exploitation, aimed at scooping up as much online and telephone traffic as possible. This is all being carried out without any form of public acknowledgement or debate.One key innovation has been GCHQ's ability to tap into and store huge volumes of data drawn from fibre-optic cables for up to 30 days so that it can be sifted and analysed. That operation, codenamed Tempora, has been running for some 18 months.
  • GCHQ and the NSA are consequently able to access and process vast quantities of communications between entirely innocent people, as well as targeted suspects.This includes recordings of phone calls, the content of email messages, entries on Facebook and the history of any internet user's access to websites – all of which is deemed legal, even though the warrant system was supposed to limit interception to a specified range of targets.The existence of the programme has been disclosed in documents shown to the Guardian by the NSA whistleblower Edward Snowden as part of his attempt to expose what he has called "the largest programme of suspicionless surveillance in human history"."It's not just a US problem. The UK has a huge dog in this fight," Snowden told the Guardian. "They [GCHQ] are worse than the US."
  • However, on Friday a source with knowledge of intelligence argued that the data was collected legally under a system of safeguards, and had provided material that had led to significant breakthroughs in detecting and preventing serious crime.Britain's technical capacity to tap into the cables that carry the world's communications – referred to in the documents as special source exploitation – has made GCHQ an intelligence superpower.By 2010, two years after the project was first trialled, it was able to boast it had the "biggest internet access" of any member of the Five Eyes electronic eavesdropping alliance, comprising the US, UK, Canada, Australia and New Zealand.UK officials could also claim GCHQ "produces larger amounts of metadata than NSA". (Metadata describes basic information on who has been contacting whom, without detailing the content.)By May last year 300 analysts from GCHQ, and 250 from the NSA, had been assigned to sift through the flood of data.The Americans were given guidelines for its use, but were told in legal briefings by GCHQ lawyers: "We have a light oversight regime compared with the US".
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  • When it came to judging the necessity and proportionality of what they were allowed to look for, would-be American users were told it was "your call".The Guardian understands that a total of 850,000 NSA employees and US private contractors with top secret clearance had access to GCHQ databases.
  • For the 2 billion users of the world wide web, Tempora represents a window on to their everyday lives, sucking up every form of communication from the fibre-optic cables that ring the world.The NSA has meanwhile opened a second window, in the form of the Prism operation, revealed earlier this month by the Guardian, from which it secured access to the internal systems of global companies that service the internet.The GCHQ mass tapping operation has been built up over five years by attaching intercept probes to transatlantic fibre-optic cables where they land on British shores carrying data to western Europe from telephone exchanges and internet servers in north America.This was done under secret agreements with commercial companies, described in one document as "intercept partners".The papers seen by the Guardian suggest some companies have been paid for the cost of their co-operation and GCHQ went to great lengths to keep their names secret. They were assigned "sensitive relationship teams" and staff were urged in one internal guidance paper to disguise the origin of "special source" material in their reports for fear that the role of the companies as intercept partners would cause "high-level political fallout".
  • "The criteria are security, terror, organised crime. And economic well-being. There's an auditing process to go back through the logs and see if it was justified or not. The vast majority of the data is discarded without being looked at … we simply don't have the resources."However, the legitimacy of the operation is in doubt. According to GCHQ's legal advice, it was given the go-ahead by applying old law to new technology. The 2000 Regulation of Investigatory Powers Act (Ripa) requires the tapping of defined targets to be authorised by a warrant signed by the home secretary or foreign secretary.However, an obscure clause allows the foreign secretary to sign a certificate for the interception of broad categories of material, as long as one end of the monitored communications is abroad. But the nature of modern fibre-optic communications means that a proportion of internal UK traffic is relayed abroad and then returns through the cables.
  • The categories of material have included fraud, drug trafficking and terrorism, but the criteria at any one time are secret and are not subject to any public debate. GCHQ's compliance with the certificates is audited by the agency itself, but the results of those audits are also secret.An indication of how broad the dragnet can be was laid bare in advice from GCHQ's lawyers, who said it would be impossible to list the total number of people targeted because "this would be an infinite list which we couldn't manage".There is an investigatory powers tribunal to look into complaints that the data gathered by GCHQ has been improperly used, but the agency reassured NSA analysts in the early days of the programme, in 2009: "So far they have always found in our favour".
  • Historically, the spy agencies have intercepted international communications by focusing on microwave towers and satellites. The NSA's intercept station at Menwith Hill in North Yorkshire played a leading role in this. One internal document quotes the head of the NSA, Lieutenant General Keith Alexander, on a visit to Menwith Hill in June 2008, asking: "Why can't we collect all the signals all the time? Sounds like a good summer project for Menwith."By then, however, satellite interception accounted for only a small part of the network traffic. Most of it now travels on fibre-optic cables, and the UK's position on the western edge of Europe gave it natural access to cables emerging from the Atlantic.
  • The processing centres apply a series of sophisticated computer programmes in order to filter the material through what is known as MVR – massive volume reduction. The first filter immediately rejects high-volume, low-value traffic, such as peer-to-peer downloads, which reduces the volume by about 30%. Others pull out packets of information relating to "selectors" – search terms including subjects, phone numbers and email addresses of interest. Some 40,000 of these were chosen by GCHQ and 31,000 by the NSA. Most of the information extracted is "content", such as recordings of phone calls or the substance of email messages. The rest is metadata.
  • The GCHQ documents that the Guardian has seen illustrate a constant effort to build up storage capacity at the stations at Cheltenham, Bude and at one overseas location, as well a search for ways to maintain the agency's comparative advantage as the world's leading communications companies increasingly route their cables through Asia to cut costs. Meanwhile, technical work is ongoing to expand GCHQ's capacity to ingest data from new super cables carrying data at 100 gigabits a second. As one training slide told new users: "You are in an enviable position – have fun and make the most of it."
  • British spy agency collects and stores vast quantities of global email messages, Facebook posts, internet histories and calls, and shares them with NSA, latest documents from Edward Snowden reveal
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    Note particularly that the Brit criteria adds economic data to the list of categories categories the NSA trawls for and shares its data with the U.S. NSA. Both agencies claim to be targeting foreigners, so now we're into the "we surveil your citizens; you surveil our citizens, then we'll share the results" scenario that leaves both sides of the pond with a superficial excuse to say "we don't surveil our own citizens, just foreigners." But it's just ring-around-the-rosy. 850,000 NSA employees and U.S. private contractors with access to GCHQ surveillance databases.  Lots more in the article that I didn't highlight.
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