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Historically, this country has tended to correct periods of heightened police powers with a pendulum swing back toward greater individual rights. Many were questioning the extreme measures taken by the Bush administration, especially after the disclosure of abuses and illegalities.

It seems that the U.S. military is propagandizing against the Islamic State by distributing fake Islamic State documents. This, in effect, will make the Islamic State look better than it is. Iraqi Forces Fighting for Ramadi Make Their Way Toward City Center In a telephone briefing on Tuesday, [Col. Steven H. Warren, the United States military spokesman in Baghdad,] said that coalition forces had recovered Islamic State leaflets in the nearby city of Falluja urging its fighters — if they lose control of the city — to impersonate Iraqi security forces and commit atrocities. “Some acts that they’re instructed to do on this document include blowing up mosques, killing and torturing civilians and breaking into homes while dressed as I.S.F. fighters,” Colonel Warren said, referring to Iraqi security forces. “They do all this to discredit the I.S.F.” Colonel Warren called the instructions in the leaflets “the behavior of thugs, behavior of killers, the behavior of terrorists.” Colonel Warren also tweeted the "Islamic State leaflet" and its translation: COL Steve Warren Verified account @OIRSpox ISIL fighters ordered to dress as ISF and commit atrocities before fleeing Fallujah. [Photo of the document and its translation] 7:30 AM - 22 Dec 2015"

The document was immediately identified as fake by Aymenn Jawad Al-Tamimi, a well known researcher who curates a large collection of all published Islamic State documents: Aymenn J Al-Tamimi @ajaltamimi Aymenn J Al-Tamimi Retweeted COL Steve Warren Dear Col. Steve Warren @OIRSpox, this purported 'Fallujah withdrawal' document is an obvious fake: 7:43 AM - 22 Dec 2015 Al Tamimi gives two main reasons why he believes the document is fake: the document allegedly from Fallujah is under an IS letter head from Ninawa province. Fallujah is in Anbar province, the document refers to the government militia with its real honorable name "Hashd Sha'abi" while the regular derogatory Islamic State term for the militia is "Hashd Rafidi". Another writer with deep experience in the region also believes that the document is fake: Anand Gopal @Anand_Gopal_ Anand Gopal Retweeted COL Steve Warren Here’s a US military spokesman circulating fake ISIS documents as propaganda 9:41 AM - 22 Dec 2015

An Iraq security analyst concurs: Alex M. @Alex_de_M COL Warren needs a chat with his G2 section. The leaflets are pretty obviously fakes... 9:45 AM - 22 Dec 2015 One would think that the behavior the Islamic State displays in its own propaganda videos is argument enough to condemn it. By using obviously fake IS documents to condemn the Islamic State the U.S. military creates the opposite effect. That the U.S. needs fake evidence to let the Islamic State look bad actually makes it look better than it is. This not only in the eyes of its followers.

On Thursday, the Senate Armed Services Committee held a hearing on whether the statutory basis for this "war" - the 2001 Authorization to Use Military Force (AUMF) - should be revised (meaning: expanded). This is how Wired's Spencer Ackerman (soon to be the Guardian US's national security editor) described the most significant exchange: "Asked at a Senate hearing today how long the war on terrorism will last, Michael Sheehan, the assistant secretary of defense for special operations and low-intensity conflict, answered, 'At least 10 to 20 years.' . . . A spokeswoman, Army Col. Anne Edgecomb, clarified that Sheehan meant the conflict is likely to last 10 to 20 more years from today - atop the 12 years that the conflict has already lasted. Welcome to America's Thirty Years War." That the Obama administration is now repeatedly declaring that the "war on terror" will last at least another decade (or two) is vastly more significant than all three of this week's big media controversies (Benghazi, IRS, and AP/DOJ) combined. The military historian Andrew Bacevich has spent years warning that US policy planners have adopted an explicit doctrine of "endless war". Obama officials, despite repeatedly boasting that they have delivered permanently crippling blows to al-Qaida, are now, as clearly as the English language permits, openly declaring this to be so.

It is hard to resist the conclusion that this war has no purpose other than its own eternal perpetuation. This war is not a means to any end but rather is the end in itself. Not only is it the end itself, but it is also its own fuel: it is precisely this endless war - justified in the name of stopping the threat of terrorism - that is the single greatest cause of that threat.

I wrote that the "war on terror" cannot and will not end on its own for two reasons: (1) it is designed by its very terms to be permanent, incapable of ending, since the war itself ironically ensures that there will never come a time when people stop wanting to bring violence back to the US (the operational definition of "terrorism"), and (2) the nation's most powerful political and economic factions reap a bonanza of benefits from its continuation. Whatever else is true, it is now beyond doubt that ending this war is the last thing on the mind of the 2009 Nobel Peace Prize winner and those who work at the highest levels of his administration. Is there any way they can make that clearer beyond declaring that it will continue for "at least" another 10-20 years? The genius of America's endless war machine is that, learning from the unplesantness of the Vietnam war protests, it has rendered the costs of war largely invisible. That is accomplished by heaping all of the fighting burden on a tiny and mostly economically marginalized faction of the population, by using sterile, mechanized instruments to deliver the violence, and by suppressing any real discussion in establishment media circles of America's innocent victims and the worldwide anti-American rage that generates. Though rarely visible, the costs are nonetheless gargantuan. Just in financial terms, as Americans are told they must sacrifice Social Security and Medicare benefits and place their children in a crumbling educational system, the Pentagon remains the world's largest employer and continues to militarily outspend the rest of the world by a significant margin. The mythology of the Reagan presidency is that he induced the collapse of the Soviet Union by luring it into unsustainable military spending and wars: should there come a point when we think about applying that lesson to ourselves?

NAPLES, Italy — Rather than a quick and relatively painless affair, any effort to dismantle Syria’s air defenses as part of enforcing a no-fly zone would be tantamount to a declaration of war, cautioned NATO’s new military chief, Gen. Philip Breedlove. “It is quite frankly an act of war and it is not a trivial matter,” said Breedlove, NATO’s new supreme allied commanderr and head of U.S. European Command, during a recent Thursday to Naples, Italy.

As the debate continues about whether the U.S. and its European allies should begin to arm rebel forces in Syria and possibly impose a no-fly zone over the country to help those forces in their fight against forces loyal to President Bashar al-Assad, Breedlove cautioned that such actions also carry risks. “It would absolutely be harder than Libya,” said Breedlove, referring to NATO’s 2011 air bombardment that resulted in the ouster of longtime dictator Moammar Gadhafi. “This is a much denser, much more capable defense system than we’d faced in Libya.” While some political leaders, such as Sen. John McCain, R-Ariz., have been vocal about the need for the U.S. to arm rebel forces and support a no-fly zone, the Obama administration has so far been cautious about military involvement or sending lethal aid to rebels amid concerns that some of those fighters have ties to al-Qaida-like groups.

There is a widespread perception that setting up a no-fly zone is simply a matter of sending in some planes, Breedlove said. “I know it sounds stark, but what I always tell people when they talk to me about a no-fly zone is … it’s basically to start a war with that country because you are going to have to go in and kinetically take out their air defense capability,” Breedlove said. Any no-fly zone plan would be further complicated if Russia goes ahead with plans to provide Syria with advanced anti-aircraft missiles, Breedlove said. On Thursday, Assad told a Lebanese television outlet that some of Syria’s weapons contracts with Russia had been implemented, but he did not specifically mention the sophisticated S-300 anti-aircraft system. Russian media later reported that Syria would not receive the first shipment for several months.

A bipartisan group of 26 US senators has written to intelligence chiefs to complain that the administration is relying on a "secret body of law" to collect massive amounts of data on US citizens.The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian."We are concerned that by depending on secret interpretations of the Patriot Act that differed from an intuitive reading of the statute, this program essentially relied for years on a secret body of law," they say.

"This and misleading statements by intelligence officials have prevented our constituents from evaluating the decisions that their government was making, and will unfortunately undermine trust in government more broadly."This is the strongest attack yet from Congress since the disclosures began, and comes after Clapper admitted he had given "the least untruthful answer possible" when pushed on these issues by Senators at a hearing before the latest revelations by the Guardian and the Washington Post.In a press statement, the group of senators added: "The recent public disclosures of secret government surveillance programs have exposed how secret interpretations of the USA Patriot Act have allowed for the bulk collection of massive amounts of data on the communications of ordinary Americans with no connection to wrongdoing."

They said: "Reliance on secret law to conduct domestic surveillance activities raises serious civil liberty concerns and all but removes the public from an informed national security and civil liberty debate." A spokesman for the office of the director of national intelligence (ODNI) acknowledged the letter. "The ODNI received a letter from 26 senators this morning requesting further engagement on vital intelligence programs recently disclosed in the media, which we are still evaluating. The intelligence and law enforcement communities will continue to work with all members of Congress to ensure the proper balance of privacy and protection for American citizens."The letter was organised by Oregan Democrat Ron Wyden, a member of the intelligence committee, but includes four Republican senators: Mark Kirk, Mike Lee, Lisa Murkowski and Dean Heller.

However, in this political season, the Republicans want to gain some political advantage by stirring up doubts about President Barack Obama’s toughness on terrorism — and the Obama administration is looking for ways to blunt those rhetorical attacks by launching retaliatory strikes in Libya or elsewhere. Thus, it was small comfort to learn that Teflon-coated John Brennan, Obama’s counterterrorism adviser, had flown to Tripoli, hoping to unearth some interim Libyan government officials to consult with on the Benghazi attack. With the embassy’s help, he no doubt identified Libyan officials with some claim to purview over “terrorism.”

But Brennan is not about investigation. Retribution is his bag. It is likely that some Libyan interlocutor was brought forth who would give him carte blanche to retaliate against any and all those “suspected” of having had some role in the Benghazi murders. So, look for “surgical” drone strike or Abbottabad-style special forces attack — possibly before the Nov. 6 election — on whomever is labeled a “suspect.” Sound wild? It is. However, considering Brennan’s penchant for acting-first-thinking-later, plus the entrée and extraordinary influence he enjoys with President Obama, drone and/or special forces attacks are, in my opinion, more likely than not. (This is the same Brennan, after all, who compiles for Obama lists of nominees for assassination by drone.) If in Tuesday’s debate with ex-Massachusetts Gov. Mitt Romney, Obama is pressed, as expected on his supposed weakness in handling Benghazi, attacks on “terrorists,” real or “suspect,” become still more likely. Brennan and other White House functionaries might succeed in persuading the president that such attacks would be just what the doctor ordered for his wheezing poll numbers.

It was no surprise, then, that almost completely absent from the discussion at last Tuesday’s hearing was any attempt to figure out why a well-armed, well-organized group of terrorists wanted to inflict maximum damage on the U.S. consulate in Benghazi and kill the diplomats there. Were it not for Rep. Dennis Kucinich, D-Ohio, impressionable listeners would have been left with the idea that the attack had nothing to do with Washington’s hare-brained, bomb-heavy policies, from which al-Qaeda and similar terrorist groups are more beneficiary than victim, as in Libya. Not for the first time, Kucinich rose to the occasion at Tuesday’s hearing:

Privacy advocates pressed Barack Obama to end the bulk collection of Americans’ communications data at a series of meetings at the White House on Thursday, seizing their final chance to convince him of the need for meaningful reform of sweeping surveillance practices. A key US senator left one meeting at the White House with the impression that President Obama has yet to decide on specific reforms. “The debate is clearly fluid,” senator Ron Wyden of Oregon, a longtime critic of bulk surveillance, told the Guardian after the meeting. “My sense is the president, and the administration, is wrestling with these issues,” Wyden said. Other groups were meeting presidential aides on Thursday afternoon, including the representatives of the American Civil Liberties Union, the Electronic Privacy Information Center (Epic) and the Open Technology Institute. Expectations were mounting that Obama will propose changing the National Security Agency’s controversial database of all domestic phone call records.

Wyden, a member of the Senate intelligence committee, said he viewed the coming days and weeks, ahead of an announcement by Obama about the future scope of surveillance, to be decisive for the debate triggered by NSA whistleblower Edward Snowden.  “What I’d say to Americans is that the future of these programs is being determined now,” Wyden said. “For those like me, who believe that security and liberty are not mutually exclusive, this is the time to weigh in.”

Speaking after the meeting with legislators, White House spokesman Jay Carney described the conversation as an opportunity for Obama to “solicit their input”, rather than brief them on his decisions about the future scope of surveillance activities.  The White House held meetings on Wednesday with the leadership of the intelligence agencies, including NSA director Keith Alexander and director of national intelligence James Clapper, as well as with Obama’s privacy and civil liberties advisory group. On Friday, Obama’s staff is expected to meet representatives of major technology firms, ostensibly to continue deliberations.  Shortly before the legislators’ meeting began, two of the attendees, House intelligence committee leaders Mike Rogers of Michigan and Dutch Ruppersberger of Maryland, issued a statement describing a classified Defense Department report that they said alleged that Snowden’s leaks –which they said totaled 1.7m intelligence files and impacted intelligence operations of all military branches – could “gravely impact” US national security. 

“We’ve exhausted our coping mechanisms,” said Alan Krueger, an economics professor at Princeton University in New Jersey and former chairman of President Barack Obama’s Council of Economic Advisers. “They weren’t sustainable.” The result has been a downsizing of expectations. By almost two to one — 64 percent to 33 percent — Americans say the U.S. no longer offers everyone an equal chance to get ahead, according to the latest Bloomberg National Poll. The lack of faith is especially pronounced among those making less than $50,000 a year, with close to three-quarters in the Dec. 6-9 survey saying the economy is unfair.

The diminished expectations have implications for the economy. Workers are clinging to their jobs as prospects fade for higher-paying employment. Households are socking away more money and charging less on credit cards. And young adults are living with their parents longer rather than venturing out on their own. In the meantime, record-high stock prices are enriching wealthier Americans, exacerbating polarization and bringing income inequality to the political forefront. Even independent government agencies like the Securities and Exchange Commission and the Federal Reserve have been dragged into the debate.

“The basic bargain at the heart of our economy has frayed,” Obama said in a Dec. 4 speech in Washington. “This is the defining challenge of our time: Making sure our economy works for every working American.” Democratic lawmakers also intend to press next year for a higher minimum wage to tackle the yawning gap between rich and poor, Durbin said. Republicans aren’t ceding the issue. “The American dream is certainly more in doubt than in decades,” House Speaker John Boehner of Ohio said in response to Obama’s speech. “But after more than five years in office, the president has no one to blame but himself.”

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

One of the intelligence community’s most outspoken critics says he considered talking about the National Security Agency’s bulk surveillance program on the Senate floor. In an interview with Rolling Stone, Sen. Ron Wyden (D-Ore.) said he felt pressure from others to disclose the classified information in a way that would have protected him from prosecution. Under the Speech or Debate Clause of the U.S. Constitution, lawmakers receive immunity from lawsuits or trials for acts committed during the process of legislating. If Wyden had spoken out about the NSA, his comments would have become part of the Congressional Record:

There are very significant limits [on what you can and cannot say], and they are very cumbersome and unwieldy. If you want to play a watchdog role, you try to work within the rules. This is a sensitive subject. A lot of people have just said to me, “Well, you feel so strongly about [these issues] – when you knew this, why didn’t you just go to the floor of the United States Senate and just, you know, read it all [into the record]?” And, of course, anybody who does this kind of work thinks a lot about that. You think about it all the time. I can see why plenty of people would criticize me – progressives and others. I can understand why plenty of people who have views similar to mine would say they would have done it differently. Wyden has spent years dropping hints that Americans were being spied upon. But despite his outrage, he appears to have chosen to color within the lines.

The Director of National Intelligence yesterday declassified and released hundreds of pages of records concerning collection under the Foreign Intelligence Surveillance Act, illuminating the origins of bulk collection of email metadata, as well as interactions with the FISA Court and Congress.

By themselves, the latest disclosures (provided in response to FOIA litigation brought by ACLU and EFF) are unlikely to resolve ongoing disputes about NSA intelligence gathering. The legitimacy of bulk collection of email and telephone metadata may ultimately be more of a value judgment rather than a factual or legal one. At a minimum, perhaps the new documents will provide a more substantial basis for informed debate. But there is disagreement even about that. “Some would like to believe these disclosures have started a debate about the propriety and efficacy of NSA surveillance programs but, in fact, to a substantial degree, recent unauthorized disclosures have ended the debate because, once disclosed, the programs at issue become substantially less effective,” according to a November 12 report from the Senate Intelligence Committee. “The nation will suffer as a result.”

The Public Interest Declassification Board will hold an open meeting at the National Archives on Thursday, November 21. The Board proposes to focus on prioritizing topics and events for declassification. The intended emphasis is on declassification of historical records, but it need not be limited to that. Although willful abuse of classification authority is not unheard of, there seems to be no case in which it has ever been penalized. “I am extremely concerned that the integrity of the classification system continues to be severely undermined by the complete absence of accountability in instances such as this clear abuse of classification authority,” wrote J. William Leonard, the former director of the Information Security Oversight Office, in an October 18 letter. He was responding to the controversial classification of evidence concerning the defilement of human remains in Afghanistan.  See Marine Corps fight escalates over handling of case involving troops urinating on corpses, Washington Post, November 15;  and Marine Corps Commandant Accused of Improper Classification, Secrecy News, July 30.

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.

The UK intelligence agency GCHQ has repeatedly warned it fears a "damaging public debate" on the scale of its activities because it could lead to legal challenges against its mass-surveillance programmes, classified internal documents reveal.Memos contained in the cache disclosed by the US whistleblower Edward Snowden detail the agency's long fight against making intercept evidence admissible as evidence in criminal trials – a policy supported by all three major political parties, but ultimately defeated by the UK's intelligence community.Foremost among the reasons was a desire to minimise the potential for challenges against the agency's large-scale interception programmes, rather than any intrinsic threat to security, the documents show.

The papers also reveal that:• GCHQ lobbied furiously to keep secret the fact that telecoms firms had gone "well beyond" what they were legally required to do to help intelligence agencies' mass interception of communications, both in the UK and overseas.• GCHQ feared a legal challenge under the right to privacy in the Human Rights Act if evidence of its surveillance methods became admissible in court.• GCHQ assisted the Home Office in lining up sympathetic people to help with "press handling", including the Liberal Democrat peer and former intelligence services commissioner Lord Carlile, who this week criticised the Guardian for its coverage of mass surveillance by GCHQ and America's National Security Agency.The most recent attempt to make intelligence gathered from intercepts admissible in court, proposed by the last Labour government, was finally stymied by GCHQ, MI5 and MI6 in 2009.

Another top GCHQ priority in resisting the admission of intercepts as evidence was keeping secret the extent of the agency's co-operative relationships with telephone companies – including being granted access to communications networks overseas.In June, the Guardian disclosed the existence of GCHQ's Tempora internet surveillance programme. It uses intercepts on the fibre-optic cables that make up the backbone of the internet to gain access to vast swaths of internet users' personal data. The intercepts are placed in the UK and overseas, with the knowledge of companies owning either the cables or landing stations.The revelations of voluntary co-operation with some telecoms companies appear to contrast markedly with statements made by large telecoms firms in the wake of the first Tempora stories. They stressed that they were simply complying with the law of the countries in which they operated.

Hillary Clinton has called for a "sensible adult conversation", to be held in a transparent way, about the boundaries of state surveillance highlighted by the leaking of secret NSA files by the whistleblower Edward Snowden.In a boost to Nick Clegg, the British deputy prime minister, who is planning to start conversations within government about the oversight of Britain's intelligence agencies, the former US secretary of state said it would be wrong to shut down a debate.Clinton, who is seen as a frontrunner for the 2016 US presidential election, said at Chatham House in London: "This is a very important question. On the intelligence issue, we are democracies thank goodness, both the US and the UK."We need to have a sensible adult conversation about what is necessary to be done, and how to do it, in a way that is as transparent as it can be, with as much oversight and citizens' understanding as there can be."

In her remarks, Clinton did not comment on the UK's oversight arrangements. But she indicated she was wholly supportive of the approach adopted by Barack Obama who – in contrast to Downing Street – has said he welcomes a debate on surveillance in the wake of the NSA leaks.Answering a question from the Guardian at Chatham House, she said the discussion had to take place within a framework that addressed issues of privacy and protection of citizens because some surveillance programmes remained a "really critical ingredient in our homeland security."Clinton, who is considering whether to make her second challenge for the Democratic presidential nomination, added: "It would be going down a wrong path if we were to reject the importance of the debate, and the kinds of intelligence activities that genuinely keep us safe."So how do we sort all of this out? This is a problem that is well over a decade old, where these capacities have corresponded with increasing outreach to consumers on the business side and increasing concern about security on the government side. People need to be better informed."

Cass Sunstein has long been one of Barack Obama’s closest confidants.  Often mentioned as a likely Obama nominee to the Supreme Court, Sunstein is currently Obama’s head of the Office of Information and Regulatory Affairs where, among other things, he is responsible for “overseeing policies relating to privacy, information quality, and statistical programs.”  In 2008, while at Harvard Law School, Sunstein co-wrote a truly pernicious paper proposing that the U.S. Government employ teams of covert agents and pseudo-”independent” advocates to “cognitively infiltrate” online groups and websites — as well as other activist groups — which advocate views that Sunstein deems “false conspiracy theories” about the Government.  This would be designed to increase citizens’ faith in government officials and undermine the credibility of conspiracists.  The paper’s abstract can be read, and the full paper downloaded, here. Sunstein advocates that the Government’s stealth infiltration should be accomplished by sending covert agents into “chat rooms, online social networks, or even real-space groups.”  He also proposes that the Government make secret payments to so-called “independent” credible voices to bolster the Government’s messaging (on the ground that those who don’t believe government sources will be more inclined to listen to those who appear independent while secretly acting on behalf of the Government).   This program would target those advocating false “conspiracy theories,” which they define to mean: “an attempt to explain an event or practice by reference to the machinations of powerful people, who have also managed to conceal their role.”  Sunstein’s 2008 paper was flagged by this blogger, and then amplified in an excellent report by Raw Story‘s Daniel Tencer.

There’s no evidence that the Obama administration has actually implemented a program exactly of the type advocated by Sunstein, though in light of this paper and the fact that Sunstein’s position would include exactly such policies, that question certainly ought to be asked.  Regardless, Sunstein’s closeness to the President, as well as the highly influential position he occupies, merits an examination of the mentality behind what he wrote.  This isn’t an instance where some government official wrote a bizarre paper in college 30 years ago about matters unrelated to his official powers; this was written 18 months ago, at a time when the ascendancy of Sunstein’s close friend to the Presidency looked likely, in exactly the area he now oversees.  Additionally, the government-controlled messaging that Sunstein desires has been a prominent feature of U.S. Government actions over the last decade, including in some recently revealed practices of the current administration, and the mindset in which it is grounded explains a great deal about our political class.  All of that makes Sunstein’s paper worth examining in greater detail.

Initially, note how similar Sunstein’s proposal is to multiple, controversial stealth efforts by the Bush administration to secretly influence and shape our political debates.  The Bush Pentagon employed teams of former Generals to pose as “independent analysts” in the media while secretly coordinating their talking points and messaging about wars and detention policies with the Pentagon.  Bush officials secretly paid supposedly “independent” voices, such as Armstrong Williams and Maggie Gallagher, to advocate pro-Bush policies while failing to disclose their contracts.  In Iraq, the Bush Pentagon hired a company, Lincoln Park, which paid newspapers to plant pro-U.S. articles while pretending it came from Iraqi citizens.  In response to all of this, Democrats typically accused the Bush administration of engaging in government-sponsored propaganda — and when it was done domestically, suggested this was illegal propaganda.  Indeed, there is a very strong case to make that what Sunstein is advocating is itself illegal under long-standing statutes prohibiting government ”propaganda” within the U.S., aimed at American citizens: As explained in a March 21, 2005 report by the Congressional Research Service, “publicity or propaganda” is defined by the U.S. Government Accountability Office (GAO) to mean either (1) self-aggrandizement by public officials, (2) purely partisan activity, or (3) “covert propaganda.”  By covert propaganda, GAO means information which originates from the government but is unattributed and made to appear as though it came from a third party.

As lawmakers continue to spar with President Obama over his use of executive power on an Iran nuclear deal and a slew of domestic matters, most appear willing to let him have his way on at least one issue — the war against the Islamic State in Iraq, Syria and potentially beyond. It has been nearly three months since Obama, responding to congressional demands and his own pledge to seek legislative blessing, sent proposed war authorization language to Capitol Hill. Now, the subject appears to be dying a quiet death. A feisty bipartisan minority is not prepared to let it go without a fight. Thirty House lawmakers from both parties Thursday signed a letter to Speaker John A. Boehner (R-Ohio) demanding that he force action on the Authorization for the Use of Military Force, or AUMF, against the Islamic State.

If not, wrote its primary authors, Reps. Tom Cole (R-Okla.) and Adam B. Schiff (D-Calif.), “this shirking of our duty will have lasting effects, serving to expand the scope of executive power at the expense of Congress.” But Boehner and other GOP leaders, blaming the Democrats, have already effectively announced the demise of the AUMF. They say they see no way to bridge deep partisan disagreements over how much authority to give the president.

Senate Majority Whip John Cornyn (R-Texas) on Tuesday said the upper chamber is unlikely to move on a stalled cybersecurity bill before the August recess.Senate Republican leaders, including Cornyn, had been angling to get the bill — known as the Cybersecurity Information Sharing Act (CISA) — to the floor this month.ADVERTISEMENTBut Cornyn said that there is simply too much of a time crunch in the remaining legislative days to get to the measure, intended to boost the public-private exchange of data on hackers.  “I’m sad to say I don’t think that’s going to happen,” he told reporters off the Senate floor. “The timing of this is unfortunate.”“I think we’re just running out time,” he added.An aide for Senate Majority Leader Mitch McConnell (R-Ky.) said he had not committed to a specific schedule after the upper chamber wraps up work in the coming days on a highway funding bill.Cornyn said Senate leadership will look to move on the bill sometime after the legislature returns in September from its month-long break.

The move would delay yet again what’s expected to be a bruising floor fight about government surveillance and digital privacy rights.“[CISA] needs a lot of work,” Sen. Patrick Leahy (D-Vt.), who currently opposes the bill, told The Hill on Tuesday. “And when it comes up, there’s going to have to be a lot of amendments otherwise it won’t pass.”Despite industry support, broad bipartisan backing, and potentially even White House support, CISA has been mired in the Senate for months over privacy concerns.Civil liberties advocates worry the bill would create another venue for the government’s intelligence wing to collect sensitive data on Americans only months after Congress voted to rein in surveillance powers.But industry groups and many lawmakers insist a bolstered data exchange is necessary to better understand and counter the growing cyber threat. Inaction will leave government and commercial networks exposed to increasingly dangerous hackers, they say.Sen. Ron Wyden (D-Ore.), who has been leading the chorus opposing the bill, rejoiced Tuesday after hearing of the likely delay.

“I really want to commend the advocates for the tremendous grassroots effort to highlight the fact that this bill was badly flawed from a privacy standpoint,” he told The Hill.Digital rights and privacy groups are blanketing senators’ offices this week with faxes and letters in an attempt to raise awareness of bill’s flaws.“Our side has picked up an enormous amount of support,” Wyden said.Wyden was the only senator to vote against CISA in the Senate Intelligence Committee. The panel approved the measure in March by a 14-1 vote and it looked like CISA was barrelling toward the Senate floor.After the House easily passed its companion pieces of legislation, CISA’s odds only seemed better.But the measure got tied up in the vicious debate over the National Security Agency's (NSA) spying powers that played out throughout April and May.“It’s like a number of these issues, in the committee the vote was 14-1, everyone says, ‘oh, Ron Wyden opposes another bipartisan bill,’” Wyden said Tuesday. “And I said, ‘People are going to see that this is a badly flawed bill.’”

A “top secret” Israeli intelligence memo from 2000 concluded that the “disappearance” of Palestinian leader Yasser Arafat would be beneficial to Israel. The memo, revealed in a book to be published this week by British-Israeli political scientist Ahron Bregman, adds evidence to support the thesis that Arafat, who died in November 2004 in a French military hospital, was assassinated. The Electronic Intifada obtained an advance copy of Bregman’s book, Cursed Victory: A History of Israel and the Occupied Territories (Penguin).

Bregman himself is circumspect about whether Israel had a hand in Arafat’s death, but sees a number of clues, including public statements by then Prime Minister Ariel Sharon that Israel wanted him dead and was prepared to kill him. Yet Bregman finds a “clear indication that the Israelis did intend to kill Arafat” in a “Top Secret” document dated 15 October 2000 – a few months before Sharon came to power and a few weeks into the second Palestinian uprising – from the Shabak, Israel’s General Security Service (also known as Shin Bet).

Bregman then describes the document’s reasoning and conclusions: After going through “why Arafat is necessary,” and then “why Arafat is not necessary,” the document says that “the damage [Arafat] causes is bigger than his benefits….” And the subsequent conclusion is straightforward: “7. Arafat, the person, is a serious threat to the security of the state. His disappearance outweighs the benefits of his continuing existence.” And yet, even this Shabak “Top Secret” report does not provide us with enough evidence of assassination and we will probably have to wait for more information to ascertain what really killed Arafat.

The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”

Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”

The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”