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A senior Democratic leadership aide told BuzzFeed News that the emergence of a group like the Progressive Coalition For American Jobs would bring “some modicum of balance” to the public discussion of the trade negotiations. “I do think it’s helpful to have an outside space for this to happen and for progressives to have a more balanced conversation about this,” the aide said. That’s not how everyone feels, however. With the emergence of the Progressive Coalition For American Jobs, some progressives got the feeling Obama’s allies were trying to flip the script. “It’s insulting,” said Candice Johnson, spokesperson for the Communications Workers of America, one of the many unions organized against TPP. “You put progressive in your name and that’s going to convince people?” She called the group “fake,” noting that it includes none of the biggest names in progressive politics in its coalition. Johnson wasn’t alone in that characterization. “As far as I know, the only thing ‘progressive’ about this so called ‘Progressive Coalition for American Jobs’ is the first word of the group’s name,” said Becky Bond, president of CREDO, the San Francisco-based progressive activist known to tangle publicly with the White House.

“At this point, 270 strategies is well known for its AstroTurf efforts to slap a progressive label on the endeavors of Wall Street Wing Democrats and their corporate masters, but this is an earth-shattering new low,” Neil Sroka, spokesperson for Democracy For America, the progressive group formed from the remnants of Howard Dean’s 2004 presidential bid, told BuzzFeed News in an email. “You can be a progressive committed to fighting for working families or you can be for this massive job-killing trade deal written by 500 corporate reps, but you can’t be both.”

"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.

Lawyers representing a number of terrorist suspects held at Guantánamo Bay believe their clients were rendered via Diego Garcia. Papers found in Libya indicated that the US planned to transport Abdul-Hakim Belhaj, an opponent of Muammar Gaddafi, and his wife via the territory, an atoll in the Indian Ocean leased by Britain to the US. The government has denied Belhaj was rendered via Diego Garcia, but there are suspicions that others were held on the atoll.Crider said the UK's attempts to lobby the US into redacting parts of the report "turns the government's defence in the Libyan renditions case of Abdul-Hakim Belhaj and his wife entirely on its head".The government has consistently sought to block Belhaj from bringing a case against it.

"The government protested America would be angered if this kidnap case ever went to trial – and now we learn the British government is leaning on the Americans not to air Britain's dirty laundry. It exposes their litigation stance as mere posturing," she added.Confirmation that a British territory was involved in extraordinary rendition could leave the government vulnerable to legal action. Last month the European court of human rights ruled that the Polish government actively assisted the CIA's European "black site" programme, which saw detainees interrogated in secret prisons across the continent.The court concluded it was "established beyond reasonable doubt" that Abu Zubaydah, a Guantánamo detainee the US mistakenly believed to be a senior member of al-Qaida, was flown from a secret site in Thailand to another CIA prison in Stare Kiejkuty in northern Poland.The judges concluded that not only was Poland "informed of and involved in the preparation and execution of the [High Value Detainee] Programme on its territory", but also "for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it", prompting lawyers to ask what else it has been used for since.

As intelligence professionals we are embarrassed by the unprofessional use of partial intelligence information. As Americans, we find ourselves hoping that, if you indeed have more conclusive evidence, you will find a way to make it public without further delay. In charging Russia with being directly or indirectly responsible, Secretary of State John Kerry has been particularly definitive. Not so the evidence. His statements seem premature and bear earmarks of an attempt to “poison the jury pool.”

Regarding the Malaysia Airlines shoot-down of July 17, we believe Kerry has typically rushed to judgment and that his incredible record for credibility poses a huge disadvantage in the diplomatic and propaganda maneuvering vis-a-vis Russia. We suggest you call a halt to this misbegotten “public diplomacy” offensive. If, however, you decide to press on anyway, we suggest you try to find a less tarnished statesman or woman.

If the U.S. has more convincing evidence than what has so far been adduced concerning responsibility for shooting down Flight 17, we believe it would be best to find a way to make that intelligence public – even at the risk of compromising “sources and methods.” Moreover, we suggest you instruct your subordinates not to cheapen U.S. credibility by releasing key information via social media like Twitter and Facebook. The reputation of the messenger for credibility is also key in this area of “public diplomacy.” As is by now clear to you, in our view Secretary Kerry is more liability than asset in this regard. Similarly, with regard to Director of National Intelligence James Clapper, his March 12, 2013 Congressional testimony under oath to what he later admitted were “clearly erroneous” things regarding NSA collection should disqualify him. Clapper should be kept at far remove from the Flight 17 affair. What is needed, if you’ve got the goods, is an Interagency Intelligence Assessment – the genre used in the past to lay out the intelligence. We are hearing indirectly from some of our former colleagues that what Secretary Kerry is peddling does not square with the real intelligence. Such was the case late last August, when Kerry created a unique vehicle he called a “Government (not Intelligence) Assessment” blaming, with no verifiable evidence, Bashar al-Assad for the chemical attacks near Damascus, as honest intelligence analysts refused to go along and, instead, held their noses.

We believe you need to seek out honest intelligence analysts now and hear them out. Then, you may be persuaded to take steps to curb the risk that relations with Russia might escalate from “Cold War II” into an armed confrontation. In all candor, we see little reason to believe that Secretary Kerry and your other advisers appreciate the enormity of that danger. In our most recent (May 4) memorandum to you, Mr. President, we cautioned that if the U.S. wished “to stop a bloody civil war between east and west Ukraine and avert Russian military intervention in eastern Ukraine, you may be able to do so before the violence hurtles completely out of control.” On July 18, you joined the top leaders of Germany, France, and Russia in calling for an immediate ceasefire. Most informed observers believe you have it in your power to get Ukrainian leaders to agree. The longer Kiev continues its offensive against separatists in eastern Ukraine, the more such U.S. statements appear hypocritical. We reiterate our recommendations of May 4, that you remove the seeds of this confrontation by publicly disavowing any wish to incorporate Ukraine into NATO and that you make it clear that you are prepared to meet personally with Russian President Putin without delay to discuss ways to defuse the crisis and recognize the legitimate interests of the various parties. The suggestion of an early summit got extraordinary resonance in controlled and independent Russian media. Not so in “mainstream” media in the U.S. Nor did we hear back from you. The courtesy of a reply is requested.

The recent attacks in the capital are likely executed by what the International Security Assistance Force and US military officials have previously called the Kabul Attack Network. This network is made up of fighters from the Taliban, the Haqqani Network, and Hizb-i-Islami Gulbuddin, and pools resources and cooperates with terror groups such as the Lashkar-e-Taiba and al Qaeda. Top Afghan intelligence officials have linked the Kabul Attack Network to Pakistan's Inter-Services Intelligence Directorate as well. The network's contacts extend outward from Kabul into the surrounding provinces of Logar, Wardak, Nangarhar, Kapisa, Kunar, Ghazni, and Zabul.

Gilbert drew attention to the fact that the overflowing hospital did not have enough supplies to treat all of its patients, and censured the international community for doing nothing to assist them. Israel would not let in foreign doctors, and yet Palestinians were “dying waiting for surgery.” “This is a complete disaster,” he remarked, calling it “the worst man-made disaster” he could think of. “There are injuries you just don’t want to see in this world.” Operation Protective Edge In 2008 and 2009, Gilbert treated Palestinians who had been grievously wounded by Israel’s use of experimental and illegal chemical weapons, including white phosphorous, dense inert metal explosives (DIME) munitions, and flechette shells. In July 2014, in the midst of Israel’s most recent attack on Gaza, Gilbert spoke with Electronic Intifada, revealing that he saw indications of renewed use of DIME weapons and flechettes. While volunteering in Shifa hospital, Gaza’s principal medical facility, Gilbert penned an open letter, lamenting the unspeakable horrors the Israeli military was instigating.

Before Operation Protective Edge commenced in early July 2014, Gilbert toured medical and health facilities and individual homes in Gaza, researching for a United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) report on the dire state of the strip’s health sector. He wrote of “overstretched” health facilities, widespread physical and psychological trauma, “a deep financial crisis,” a lack of needed medical supplies, and a “severe energy crisis.” He also noted the “devastating results of the blockade imposed by the Government of Israel,” with rampant poverty, a 38.5% unemployment rate, food insecurity in at least 57% of households, and inadequate access to clean water. All of these already extreme ills were only exacerbated by the July-August Israeli assault on Gaza, an onslaught that left roughly 2,200 Palestinians dead, including over 1,500 civilians, more than 500 of whom were children. Gilbert is not the only one Israel has recently prevented from entering Gaza. In August, just after the end of its military assault, Israel refused to allow Amnesty International and Human Rights Watch, the world’s leading human rights organizations, from entering the strip, impeding them from conducting war crimes investigations. The organizations had been requesting access for over a month, before Israel had even begun its ground invasion of Gaza, yet were continuously prevented from doing so, Israeli journalist Amira Hass reported in Haaretz, “using various bureaucratic excuses.”

Other aid workers and medical professionals have faced even worse consequences for volunteering to help Palestinians. In August, Israeli occupation forces killed a social worker. In the same month, as the Israeli military engaged in a campaign to target and openly murder Palestinian civilians who spoke Hebrew, Israeli forces assassinated volunteers working with the Palestine Red Crescent, a non-profit humanitarian organization, part of the International Red Cross and Red Crescent Movement. A common myth suggests that Israel ended its occupation of Gaza with its 2005 disengagement. The state’s ability to ban, and even kill, internationally recognized human rights organizations and doctors—not to mention food,construction equipment, and medical supplies—from entering Palestinian territory, however, demonstrates that Gaza is by no means autonomous. Israel’s siege of the strip is clearly a continuation of its 47-year-long illegal military occupation. As legal scholar Noura Erakat explains

Despite removing 8,000 settlers and the military infrastructure that protected their illegal presence, Israel maintained effective control of the Gaza Strip and thus remains the occupying power as defined by Article 47 of the Hague Regulations. To date, Israel maintains control of the territory’s air space, territorial waters, electromagnetic sphere, population registry and the movement of all goods and people. … Palestinians have yet to experience a day of self-governance. Israel immediately imposed a siege upon the Gaza Strip when Hamas won parliamentary elections in January 2006 and tightened it severely when Hamas routed Fatah in June 2007. The siege has created a “humanitarian catastrophe” in the Gaza Strip. Inhabitants will not be able to access clean water, electricity or tend to even the most urgent medical needs. The World Health Organization explains that the Gaza Strip will be unlivable by 2020. Not only did Israel not end its occupation, it has created a situation in which Palestinians cannot survive in the long-term.

In a late October discussion with the Daily Targum, Gilbert encouraged Americans to do what they can to speak out against Israel’s illegal occupation and blockade of the Palestinian territories, and to pressure their government to stop its indefatigable support for Israeli crimes. At present, the US provides Israel with over 3.1$ billion of military aid per year. In the past 52 years, over $100 billion US tax dollars have been given to the country in military aid alone. “You are the change-makers,” Gilbert told American readers. “The key to the change when it comes to the occupation of Palestine lies in the United States.” “Solidarity, not pity,” he said, is the solution.

PNN further reports that Palestinian chief negotiator and PLO executive Dr. Saeb Erekat said that the Knesset’s approval on regulating Israeli law in the West Bank will be taken to the International Criminal Court. Dr. Erekat’s response to the news came during his meeting with UN peace envoy, Robert Serry, and councils of the US, England, Germany and France.

Erekat pointed out that the Foreign Affairs, Negotiation Departments, Ministry of justice and other Palestinian organizations now prepare official papers for Palestinian state joining of a number of international treaties and documents, topped by the international court. (Palestine is recognized as a High Contracting Party, according to the Fourth Geneva Convention of 1949.) All Israeli settlements in the occupied territories, including those in East Jerusalem, have been declared illegal under international law.

“The specific uses that they talk about in this [counter-terrorism] context may not be the problem, but it’s what else they can do,” said Tamir Israel, a lawyer with the University of Ottawa’s Canadian Internet Policy and Public Interest Clinic. Picking which downloads to monitor is essentially “completely at the discretion of CSE,” Israel added. The file-sharing surveillance also raises questions about the number of Canadians whose downloading habits could have been swept up as part of LEVITATION’s dragnet. By law, CSE isn’t allowed to target Canadians. In the LEVITATION presentation, however, two Canadian IP addresses that trace back to a web server in Montreal appear on a list of suspicious downloads found across the world. The same list includes downloads that CSE monitored in closely allied countries, including the United Kingdom, United States, Spain, Brazil, Germany and Portugal. It is unclear from the document whether LEVITATION has ever prevented any terrorist attacks. The agency cites only two successes of the program in the 2012 presentation: the discovery of a hostage video through a previously unknown target, and an uploaded document that contained the hostage strategy of a terrorist organization. The hostage in the discovered video was ultimately killed, according to public reports.

LEVITATION does not rely on cooperation from any of the file-sharing companies. A separate secret CSE operation codenamed ATOMIC BANJO obtains the data directly from internet cables that it has tapped into, and the agency then sifts out the unique IP address of each computer that downloaded files from the targeted websites. The IP addresses are valuable pieces of information to CSE’s analysts, helping to identify people whose downloads have been flagged as suspicious. The analysts use the IP addresses as a kind of search term, entering them into other surveillance databases that they have access to, such as the vast repositories of intercepted Internet data shared with the Canadian agency by the NSA and its British counterpart Government Communications Headquarters. If successful, the searches will return a list of results showing other websites visited by the people downloading the files – in some cases revealing associations with Facebook or Google accounts. In turn, these accounts may reveal the names and the locations of individual downloaders, opening the door for further surveillance of their activities.

Canada’s leading surveillance agency is monitoring millions of Internet users’ file downloads in a dragnet search to identify extremists, according to top-secret documents. The covert operation, revealed Wednesday by CBC News in collaboration with The Intercept, taps into Internet cables and analyzes records of up to 15 million downloads daily from popular websites commonly used to share videos, photographs, music, and other files. The revelations about the spying initiative, codenamed LEVITATION, are the first from the trove of files provided by National Security Agency whistleblower Edward Snowden to show that the Canadian government has launched its own globe-spanning Internet mass surveillance system. According to the documents, the LEVITATION program can monitor downloads in several countries across Europe, the Middle East, North Africa, and North America. It is led by the Communications Security Establishment, or CSE, Canada’s equivalent of the NSA. (The Canadian agency was formerly known as “CSEC” until a recent name change.)