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Paul Merrell

Ford White House Altered Rockefeller Commission Report - 0 views

  • Gerald Ford White House Altered Rockefeller Commission Report in 1975; Removed Section on CIA Assassination Plots White House Aide Dick Cheney Spearheaded Editing of Report to Dampen Impact New Documents Cast Further Doubt on Commission’s Investigation, Independence
  • The Gerald Ford White House significantly altered the final report of the supposedly independent 1975 Rockefeller Commission investigating CIA domestic activities, over the objections of senior Commission staff, according to internal White House and Commission documents posted today by the National Security Archive at The George Washington University (www.nsarchive.org). The changes included removal of an entire 86-page section on CIA assassination plots and numerous edits to the report by then-deputy White House Chief of Staff Richard Cheney.  Today’s posting includes the entire suppressed section on assassination attempts, Cheney’s handwritten marginal notes, staff memos warning of the fallout of deleting the controversial section, and White House strategies for presenting the edited report to the public. The documents show that the leadership of the presidentially-appointed commission deliberately curtailed the investigation and ceded its independence to White House political operatives. This evidence has been lying ignored in government vaults for decades. Much of the work of securing release of the records was done by the John F. Kennedy Assassinations Records Board in the 1990s, and the documents were located at the National Archives and Records Administration at College Park, Maryland; or at the Gerald R. Ford Library in Ann Arbor, Michigan. Additional mandatory declassification review requests filed by Archive fellow John Prados returned identical versions of documents, indicating the CIA is not willing to permit the public to see any more of the assassinations story than we show here. The documents in this set have yet to be incorporated into standard accounts of the events of this period.
  • Among the highlights of today’s posting: White House officials of the Ford administration attempted to keep a presidential review panel—the Rockefeller Commission—from investigating reports of CIA planning for assassinations abroad. Ford administration officials suppressed the Rockefeller Commission’s actual report on CIA assassination plots. Richard Cheney, then the deputy assistant to the president, edited the report of the Rockefeller Commission from inside the Ford White House, stripping the report of its independent character. The Rockefeller Commission remained silent on this manipulation. Rockefeller Commission lawyers and public relations officials warned of the damage that would be done to the credibility of the entire investigation by avoiding the subject of assassinations. President Ford passed investigative materials concerning assassinations along to the Church Committee of the United States Senate and then attempted—but failed—to suppress the Church Committee’s report as well. The White House markup of the Rockefeller Commission report used the secrecy of the CIA budget as an example of excesses and recommended Congress consider making agency spending public to some degree.
Gary Edwards

"High Crimes and Misdemeanors" - Tea Party Command Center - 0 views

  • high crimes and misdemeanors”
  • Officials accused of “high crimes and misdemeanors” were accused of offenses as varied as misappropriating government funds, appointing unfit subordinates, not prosecuting cases, not spending money allocated by Parliament, promoting themselves ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, arresting a man to keep him from running for Parliament, losing a ship by neglecting to moor it, helping “suppress petitions to the King to call a Parliament,” granting warrants without cause, and bribery. Some of these charges were crimes. Others were not. The one common denominator in all these accusations was that the official had somehow abused the power of his office and was unfit to serve.
  • Patriots plan for resisting the Globalist agenda: Develop Secure Community Co-ops (Interactive Neighborhood Watch on steroids).  Groups should be from about 5 to 15 people in the same general area, neighborhood.  All members should be conservative/responsible adults.Members should work at fortifying local, county and state govts. as well as joining Shrf. Reserve Forces (as long as the shrf. is an oathkeeper), Constitutional Sheriffs Assoc./ USCDA, State Militias, Constitutional Militias, etc.  Also,  should be involved in TP, 9-12, John Birch Soc., etc.SCC's should have a liason with other like-minded grps. in order to give/obtain support when needed.The states should and hopefully will be the first line of defense against an overreaching tyrannical govt.(Don't count on it if you are living in a Blue State)  Next, it would fall on the counties and local communities, working in concert with the various State Militia units, Co. Shrfs' Depts., Constitutional and SCC elements.  After that,  if needed,  Bug Out procedures should be implemented.  Hopefully, to safe areas.
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  • The Constitution defines treason in Article 3, Section 3, Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
  • In all the articles of impeachment that the House has drawn, no official has been charged with treason
  • What are “high crimes and misdemeanors”?
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    "The U.S. Constitution provides impeachment as the method for removing the president, vice president, federal judges, and other federal officials from office. The impeachment process begins in the House of Representatives and follows these steps: The House Judiciary Committee holds hearings and, if necessary, prepares articles of impeachment. These are the charges against the official. If a majority of the committee votes to approve the articles, the whole House debates and votes on them. If a majority of the House votes to impeach the official on any article, then the official must then stand trial in the Senate. For the official to be removed from office, two-thirds of the Senate must vote to convict the official. Upon conviction, the official is automatically removed from office and, if the Senate so decides, may be forbidden from holding governmental office again. The impeachment process is political in nature, not criminal. Congress has no power to impose criminal penalties on impeached officials. But criminal courts may try and punish officials if they have committed crimes. The Constitution sets specific grounds for impeachment. They are "treason, bribery, and other high crimes and misdemeanors." To be impeached and removed from office, the House and Senate must find that the official committed one of these acts. The Constitution defines treason in Article 3, Section 3, Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."
Paul Merrell

Edward Snowden, a year on: reformers frustrated as NSA preserves its power | World news... - 1 views

  • For two weeks in May, it looked as though privacy advocates had scored a tenuous victory against the widespread surveillance practices exposed by Edward Snowden a year ago. Then came a resurgent intelligence community, armed with pens, and dry, legislative language.During several protracted sessions in secure rooms in the Capitol, intelligence veterans, often backed by the congressional leadership, sparred with House aides to abridge privacy and transparency provisions contained in the first bill rolling back National Security Agency spying powers in more than three decades. The revisions took place in secret after two congressional committees had passed the bill. The NSA and its allies took creative advantage of a twilight legislative period permitting technical or cosmetic language changes.The episode shows the lengths to which the architects and advocates of bulk surveillance have gone to preserve their authorities in the time since the Guardian, 12 months ago today, began disclosing the scope of NSA data collection. That resistance to change, aided by the power and trust enjoyed by the NSA on Capitol Hill, helps explain why most NSA powers remain intact a year after the largest leak in the agency's histo
  • But exactly one year on, the NSA’s greatest wound so far has been its PR difficulties. The agency, under public pressure, has divested itself of exactly one activity, the bulk collection of US phone data. Yet while the NSA will not itself continue to gather the data directly, the major post-Snowden legislative fix grants the agency wide berth in accessing and searching large volumes of phone records, and even wider latitude in collecting other kinds of data.There are no other mandated reforms.
  • The Freedom Act ultimately sped to passage in the House on May 22 by a bipartisan 303-121 vote. NSA advocates who had blasted its earlier version as hazardous to national security dropped their objections – largely because they had no more reason.Accordingly, the compromise language caused civil libertarians and technology groups not just to abandon the Freedom Act that they had long championed, but to question whether it actually banned bulk data collection. The government could acquire call-records data up to two degrees of separation from any "reasonable articulable suspicion" of wrongdoing, potentially representing hundreds or thousands of people on a single judicial order." That was not all.
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  • Some NSA critics look to the courts for a fuller tally of their victories in the wake of the Snowden disclosures. Judges have begun to permit defendants to see evidence gathered against them that had its origins in NSA email or call intercepts, which could disrupt prosecutions or invalidate convictions. At least one such defendant, in Colorado, is seeking the exclusion of such evidence, arguing that its use in court is illegal.Still other cases challenging the surveillance efforts have gotten beyond the government’s longtime insistence that accusers cannot prove they were spied upon, as the Snowden trove demonstrated a dragnet that presumptively touched every American’s phone records. This week, an Idaho federal judge implored the supreme court to settle the question of the bulk surveillance's constitutionality."The litigation now is about the merits. It’s about the lawfulness of the surveillance program," said Jameel Jaffer, the ACLU’s deputy legal director.
  • "As the bill stands today, it could still permit the collection of email records from everyone who uses a particular email service," warned a Google legislative action alert after the bill passed the House. In a recent statement, cloud-storage firm Tresorit lamented that "there still has been no real progress in achieving truly effective security for consumer and corporate information."No one familiar with the negotiations alleges the NSA or its allies broke the law by amending the bill during the technical-fix period. But it is unusual for substantive changes to be introduced secretly after a bill has cleared committee and before its open debate by the full Senate or House."It is not out of order, but major changes in substance are rare, and appropriately so," said Norman Ornstein, an expert on congressional procedure at the American Enterprise Institute.Steve Aftergood, an intelligence policy analyst at the Federation of American Scientists, said the rewrites to the bill were an "invitation to cynicism."
  • "There does seem to be a sort of gamesmanship to it. Why go through all the troubling of crafting legislation, enlisting support and co-sponsorship, and adopting compromises if the bill is just going to be rewritten behind closed doors anyway?" Aftergood said.
  • Civil libertarians and activists now hope to strengthen the bill in the Senate. Its chief sponsor, Patrick Leahy of Vermont, vowed to take it up this month, and to push for "meaningful reforms" he said he was "disappointed" the House excluded. Obama administration officials will testify in the Senate intelligence committee about the bill on Thursday afternoon, the first anniversary of the Guardian's disclosure of bulk domestic phone records collection. That same day, Reddit, Imgur and other large websites will stage an online "Reset The Net" protest of NSA bulk surveillance.But the way the bill "morphed behind the scenes," as Lofgren put it, points to the obstacles such efforts face. It also points to a continuing opportunity for the NSA to say that Congress has actually blessed widespread data collection – a claim made after the Snowden leaks, despite most members of Congress and the public not knowing that NSA and the Fisa court secretly reinterpreted the Patriot Act in order to collect all US phone records.
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    Good Guardian article on how the American Freedom Act as reported out of House committees was gutted in secret meetings between key representatives and NSA (and other Executive Branch) officials. The House of Representatives kisses the feet of Dark Government. 
Paul Merrell

'Empire of Chaos' in the House - RT Op-Edge - 0 views

  • And yet, Air Force One, we got a problem. High-level US financial sources assure this correspondent the trip is all about Obama shoring up the new King’s support for their financial/economic war on Russia as the House of Saud is starting to have second thoughts. The Saudi role in this war has been to come up with the oil price shock – which is hurting not only Russia but also Iran and Venezuela, among others. Besides, the US puppet theoretically in charge in Ukraine, Petro Poroshenko, has just visited Saudi Arabia. Russia is not Iran – with all due respect to Iran. If the House of Saud really believes they are talking to the head of a superpower rather than a ventriloquist’s puppet – which is Obama’s role – they are effectively doomed. Nothing Obama says means a thing. The real ‘Masters of the Universe’ who run the ‘Empire of Chaos’ want the House of Saud to do most of their dirty work against Russia; and in a later stage they will take care of the “towel heads” - as the saying goes in Washington - over their development of nuclear missiles with Pakistan. And especially because the Saudi-launched oil price war is bound to destroy the US oil industry - against US national interests.
  • The House of Saud has absolutely nothing to gain from this undeclared financial/economic war on Russia. The Saudis have already “lost” Yemen and Iraq. Bahrain is held by mercenary troops containing the alienation of the Shia majority. They are freaking out with the possibility of ultimate “enemy” Iran reaching a nuclear deal with His Master’s Voice. They are desperate that “Assad won’t go”. They want every Muslim Brotherhood in sight – or the vicinity – jailed or beheaded. They fear any Arab Spring-style stirrings as worse than the plague. And then there’s the fake Caliphate of ISIS/ISIL/Daesh threatening to go all the way to Mecca and Medina. The House of Saud is effectively surrounded.
  • Meanwhile, as the tempest approaches, all is smiles – amid a silent family bloodbath. The powerful Sudairi clan has exacted their “revenge” as King Abdullah’s corpse was still warm. King Salman, almost 80, and with Alzheimer’s about to turn him into mush, took no time to appoint his nephew Mohammed bin Naif as deputy crown prince. And just in case nepotism was not evident enough, he also appointed his son Prince Mohammed bin Salman as defense minister. Mohammed bin Naif is a Pentagon/CIA darling; the House of Saud’s head of counterterrorism.
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  • But playing the ‘Empire of Chaos’ game – financial/economic war on Russia - is a game-changer, as in playing with fire. US/EU sanctions, attacks on the oil price and the ruble by giant derivative players as agents, are something way above the Saudi pay grade. The House of Saud swore that they didn’t change their production quota during 2014. But there was an excess supply – and it was brought into the market to help cause the oil price crash, alongside the manipulation by derivatives speculators. Scores of oil analysts still can’t figure out why the House of Saud went after Russia; all reasons are political, not economical (Russian support for Syria and Iran, the Americans agreeing with the strategy, etc.). The fact is Moscow did perceive it as a declaration of economic war by Saudi Arabia. Petroleum Intelligence Weekly, cautiously, has already hinted it may get much worse, as in “potential for disruption in Mideast Gulf monarchies.” Beware of an Emperor bearing gifts – or mourning a late King. The ‘Empire of Chaos’ is essentially asking the House of Saud to keep going kamikaze all the way against Russia. Sooner or later someone in Riyadh will realize this is the roadmap to House suicide.
Gary Edwards

BENGHAZI - THE BIGGEST COVER-UP SCANDAL IN U.S. HISTORY? - WAS BENGHAZI A CIA GUN-RUNNI... - 0 views

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    "LibertyNEWS.com - Editorial Team Special Report It's never fun to admit you've been lied to and duped. There is no comfort in realizing a high-level group in government has conned you. The wound created from such a realization would be deep and painful when paired with extraordinary insult when you realize the cons are people you not only trusted, but people who are tasked with protecting your rights, your liberty, your life. When these people betray you, you're in trouble - big trouble. Unfortunately, we believe America is being betrayed by powerful individuals tasked with our protection. These people are found in the White House, the Congress, the CIA and other government entities - and they're lying to you. Then they're covering it up on an epic scale, in a never-before-seen manner. Here are the basics of what the schemers in government and the complicit media would like for us all to focus on and buy into: Why wasn't there better security at the consulate (keep this misleading word in mind) in Benghazi? Why didn't authorization come to move special forces in for protection and rescue? Why was an obscure video blamed when everyone knew the video had nothing to do with it? Did Obama's administration cover-up the true nature of the attacks to win an election? Truth is, as we're starting to believe, the above questions are convenient, tactical distractions. And truth is, answers to these questions, if they ever come, will never lead to revelations of the REAL TRUTH and meaningful punishment of anyone found responsible. Rep. Darrell Issa knows this, members of the House Committee investigating the Benghazi attacks know this, the White House knows this, and much of the big corporate media infrastructure knows it, too. How do they know it? Because they know the truth. They know the truth, but cannot and/or will not discuss it in public. Here are the basics that we (America, in general) should be focusing on, but aren't: Why do media
Paul Merrell

After Two Years, White House Finally Responds to Snowden Pardon Petition - With a "No" - 0 views

  • The White House on Tuesday ended two years of ignoring a hugely popular whitehouse.gov petition calling for NSA whistleblower Edward Snowden to be “immediately issued a full, free, and absolute pardon,” saying thanks for signing, but no. “We live in a dangerous world,” Lisa Monaco, President Obama’s adviser on homeland security and terrorism, said in a statement. More than 167,000 people signed the petition, which surpassed the 100,000 signatures that the White House’s “We the People” website said would garner a guaranteed response on June 24, 2013. In Tuesday’s response, the White House acknowledged that “This is an issue that many Americans feel strongly about.”
  • The White House on Tuesday ended two years of ignoring a hugely popular whitehouse.gov petition calling for NSA whistleblower Edward Snowden to be “immediately issued a full, free, and absolute pardon,” saying thanks for signing, but no. “We live in a dangerous world,” Lisa Monaco, President Obama’s adviser on homeland security and terrorism, said in a statement. More than 167,000 people signed the petition, which surpassed the 100,000 signatures that the White House’s “We the People” website said would garner a guaranteed response on June 24, 2013. In Tuesday’s response, the White House acknowledged that “This is an issue that many Americans feel strongly about.”
  • Monaco then explained her position: “Instead of constructively addressing these issues, Mr. Snowden’s dangerous decision to steal and disclose classified information had severe consequences for the security of our country and the people who work day in and day out to protect it.” Snowden didn’t actually disclose any classified information — news organizations including the Guardian, Washington Post, New York Times and The Intercept did the disclosing. And the Obama administration has yet to specify any “severe consequences” that can be independently confirmed.
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  • The Snowden response was one of 20 responses to what the White House called “our We the People backlog.” The White House had been criticized for avoiding uncomfortable topics despite their popular support. On Twitter, the responses to the Snowden response, some from signers of the petition, were highly critica
Paul Merrell

Judicial Watch: Benghazi Documents Point to White House on Misleading Talking Points - ... - 0 views

  • Judicial Watch announced today that on April 18, 2014, it obtained 41 new Benghazi-related State Department documents. They include a newly declassified email showing then-White House Deputy Strategic Communications Adviser Ben Rhodes and other Obama administration public relations officials attempting to orchestrate a campaign to “reinforce” President Obama and to portray the Benghazi consulate terrorist attack as being “rooted in an Internet video, and not a failure of policy.”  Other documents show that State Department officials initially described the incident as an “attack” and a possible kidnap attempt. The documents were released Friday as result of a June 21, 2013, Freedom of Information Act (FOIA) lawsuit filed against the Department of State (Judicial Watch v. U.S. Department of State (No. 1:13-cv-00951)) to gain access to documents about the controversial talking points used by then-UN Ambassador Susan Rice for a series of appearances on television Sunday news programs on September 16, 2012.  Judicial Watch had been seeking these documents since October 18, 2012. The Rhodes email was sent on sent on Friday, September 14, 2012, at 8:09 p.m. with the subject line:  “RE: PREP CALL with Susan, Saturday at 4:00 pm ET.”  The documents show that the “prep” was for Amb. Rice’s Sunday news show appearances to discuss the Benghazi attack.
  • The document lists as a “Goal”: “To underscore that these protests are rooted in and Internet video, and not a broader failure or policy.” Rhodes returns to the “Internet video” scenario later in the email, the first point in a section labeled “Top-lines”: [W]e’ve made our views on this video crystal clear. The United States government had nothing to do with it. We reject its message and its contents. We find it disgusting and reprehensible. But there is absolutely no justification at all for responding to this movie with violence. And we are working to make sure that people around the globe hear that message. Among the top administration PR personnel who received the Rhodes memo were White House Press Secretary Jay Carney, Deputy Press Secretary Joshua Earnest, then-White House Communications Director Dan Pfeiffer, then-White House Deputy Communications Director Jennifer Palmieri, then-National Security Council Director of Communications Erin Pelton, Special Assistant to the Press Secretary Howli Ledbetter, and then-White House Senior Advisor and political strategist David Plouffe. The Rhodes communications strategy email also instructs recipients to portray Obama as “steady and statesmanlike” throughout the crisis. Another of the “Goals” of the PR offensive, Rhodes says, is “[T]o reinforce the President and Administration’s strength and steadiness in dealing with difficult challenges.” He later includes as a PR “Top-line” talking point: I think that people have come to trust that President Obama provides leadership that is steady and statesmanlike. There are always going to be challenges that emerge around the world, and time and again, he has shown that we can meet them.
  • The documents Judicial Watch obtained also include a September 12, 2012, email from former Deputy Spokesman at U.S. Mission to the United Nations Payton Knopf to Susan Rice, noting that at a press briefing earlier that day, State Department spokesperson Victoria Nuland explicitly stated that the attack on the consulate had been well planned.  The email sent by Knopf to Rice at 5:42 pm said: Responding to a question about whether it was an organized terror attack, Toria said that she couldn’t speak to the identity of the perpetrators but that it was clearly a complex attack. In the days following the Knopf email, Rice appeared on ABC, CBS, NBC, Fox News and CNN still claiming the assaults occurred “spontaneously” in response to the “hateful video.” On Sunday, September 16 Rice told CBS’s “Face the Nation:” But based on the best information we have to date, what our assessment is as of the present is in fact what began spontaneously in Benghazi as a reaction to what had transpired some hours earlier in Cairo where, of course, as you know, there was a violent protest outside of our embassy–sparked by this hateful video. The Judicial Watch documents confirm that CIA talking points, that were prepared for Congress and may have been used by Rice on “Face the Nation” and four additional Sunday talk shows on September 16, had been heavily edited by then-CIA deputy director Mike Morell. According to one email: The first draft apparently seemed unsuitable….because they seemed to encourage the reader to infer incorrectly that the CIA had warned about a specific attack on our embassy.  On the SVTS, Morell noted that these points were not good and he had taken a heavy hand to editing them. He noted that he would be happy to work with [then deputy chief of staff to Hillary Clinton]] Jake Sullivan and Rhodes to develop appropriate talking points.
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  • The documents obtained by Judicial Watch also contain numerous emails sent during the assault on the Benghazi diplomatic facility.  The contemporaneous and dramatic emails describe the assault as an “attack”:
  • “Now we know the Obama White House’s chief concern about the Benghazi attack was making sure that President Obama looked good,” said Judicial Watch President Tom Fitton. “And these documents undermine the Obama administration’s narrative that it thought the Benghazi attack had something to do with protests or an Internet video.  Given the explosive material in these documents, it is no surprise that we had to go to federal court to pry them loose from the Obama State Department.”
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    Has there ever been a White House caught in so many lies as the Obama Administration? Maybe, in Nixon's Watergate years. But IMHO it would take a detailed study to determine the winner. It's close. 
Gary Edwards

The Senate Has Passed the TPP Fast Track Bill-We Now Take Our Fight to the House | Elec... - 0 views

  • Lawmakers have headed back to their home district for the Memorial Day recess, so there's a chance you, as a constituent, can meet with them. Absent that, you can visit their district staff who can receive and forward on your concerns to your representative even after lawmakers go back to the Capitol. They will be receptive to the concerns of smart, tech-savvy constituents who care enough to arrange a meeting. We know there's a big difference between calling and writing to your congressperson, and actually talking to them face-to-face. But this is a vital moment, and there's a fighting chance that your decision to meet with your representative's office could make all the difference.
  • If you're interested, read this guide on how to set up a meeting with your lawmakers. We also prepared a hand out with talking points for you to take with you when you go. We also encourage you to tell them about our letter with 250 tech companies and user rights groups urging Congress to oppose the TPP Fast Track for containing provisions that threaten digital innovation and users. Powerful corporate interests like the Motion Picture Association of America, Recording Industry Association of America, and the Business Software Alliance are intent on having anti-user trade deals pass without proper oversight. That's because the policies they're pushing for couldn't otherwise pass in a participatory, transparent process. It's up to us to stop this massive, secret corporate hand out, and we're going to need all the help we can get. If you end up meeting with your representative or their staff, please email info@eff.org to let us know how it went!
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    "The Senate passed a bill Friday night to put the Trans-Pacific Partnership (TPP) on the Fast Track to approval. Its passage followed a series of stops and starts-an indication that this legislation was nearly too rife with controversy to pass. But after a series of deals and calls from corporate executives, senators ultimately swallowed their criticism and accepted the measure. If this bill ends up passing both chambers of Congress, that means the White House can rush the TPP through to congressional ratification, with lawmakers unable to fully debate or even amend agreements that have been negotiated entirely in secret. On the plus side, all of these delays in the Senate has led other TPP partners to delay any further negotiations on the trade agreement until Fast Track is approved by Congress. So the fight now starts in the House, where proponents of secret trade deals still lack the votes to pass the bill. But the White House and other TPP proponents are fiercely determined to garner enough support among representatives to pass the bill, in order to give themselves almost unilateral power to enact extreme digital regulations in secret. We cannot let that happen. In the House, we still have a chance to block the passage of Fast Track. That's why we are asking people in the U.S. to meet with their representatives and staff to nudge them to make the right decision. Back in DC, they may have heard arguments for and against the TPP. Your representative might think this so-called trade agreement is just about free trade, but they might not know how the copyright provisions and other leaked proposals in the TPP threaten the Internet, as well as users, developers, and start-ups across the country."
Gary Edwards

Is This the End of Capitalism? Hardly, but it's a great excuse for the antiglobalizatio... - 0 views

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    Daniel Henninger Says Blaming Capitalism for the Crisis Overlooks the Housing Bubble - WSJ.com: "Heads of state, perplexed finance ministers, inflated retinues and journalists from 20 nations arrived in London yesterday to address "the greatest financial crisis since the Depression." By 4 p.m. London time today they will hold a press conference and go home." "Beware of real-estate salesmen. The housing bubble that floated into view in 2007 is turning into the blob that ate the world. Real-estate mortgages and their derivative securities are a significant problem. That discrete problem, however, has been pumped up to an historic "crisis of capitalism." Capitalism didn't tank the U.S. economy. Overbuilt housing did. Overbuilt housing tanked the economies of the U.K. and Ireland and Spain. If little else, we've learned that artificially cheap housing sets loose limitless moral hazard." "In a normal environment, the problems revealed by the crisis in mortgage finance would produce fixes relevant to the problem, such as resetting the ratios of assets to capital for banks and hedge funds, or telling the gnomes of finance to rethink mark-to-market and the uptick rule. More energetic reformers might consider Gary Becker's suggestion that as financial institutions expand in size, their capital requirements tighten, so that compulsive eaters like Citigroup can fit inside their capital base." "Two signal events in history are shaping the politics of the current economic crisis: the Great Depression and the Reagan presidency (and in Europe, Thatcherism)." "The Depression put in motion an historic tension between public and private sectors over who sets a nation's course. After 50 years of public dominance, Reagan's presidency tipped the scales back toward private enterprise. The economic life of the ensuing 35 years became "the American model." Every waking hour of this economically liberal era, the losing side has wanted to tip the balance back toward public-sector
Paul Merrell

Tech giants oppose NSA reform bill for timid safeguards against spying - RT USA - 0 views

  • Ahead of Thursday’s US House vote on a bill sold as reform of a major US government spying program, top technology firms like Google have joined civil liberties and privacy groups in calling the legislation inadequate in fighting mass surveillance. The Reform Government Surveillance coalition – AOL, Apple, Dropbox, Facebook, Google, LinkedIn, Microsoft, Twitter, and Yahoo – offered a statement on Wednesday denouncing the USA Freedom Act as a weak attempt at ending the government’s bulk storage of domestic phone metadata.
  • The USA Freedom Act would take the mass storage of phone records away from the government. Instead, telecommunications companies would be required to store the data. The bill would require the National Security Agency to get approval to search the telecoms’ cache of records from the often-compliant Foreign Intelligence Surveillance Court. Last-minute changes to the bill rankled privacy groups on Tuesday, leading many of them to decry the backdoor dealings as responsible for a “weakened,” “watered down” bill compared to what had previously passed the House Judiciary and Intelligence Committees earlier this month. On Wednesday, the tech coalition echoed these concerns, calling the amended legislation a move “in the wrong direction” of needed reform regarding mass surveillance. "The latest draft opens up an unacceptable loophole that could enable the bulk collection of Internet users' data," the coalition said. "While it makes important progress, we cannot support this bill as currently drafted and urge Congress to close this loophole to ensure meaningful reform." The loophole referred to by the coalition pertains to the USA Freedom Act’s definition for how and when government officials can search collected phone metadata records.
  • The new language – approved by House leaders and the Obama administration in recent days – modifies the prohibitions on bulk collection of domestic data to allow government officials to search for Americans’ phone records using a “a discrete term, such as a term specifically identifying a person, entity, account, address, or device, used by the Government to limit the scope of the information or tangible things sought.” This revised standard for the USA Freedom Act’s reform of surveillance is too broad and leaves privacy protections at risk, civil liberties groups said on Tuesday. In addition, the legislation’s new language also weakens the bill’s transparency provisions which outlined how much technology companies can disclose to customers about the extent of government requests of user data.
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  • In addition to the tech coalition’s protest, the Computer & Communications Industry Association – whose members include Pandora, Samsung, Sprint, and others – said Wednesday it would “not support consideration or passage of the USA Freedom Act in its current form." The Obama administration publicly threw its support behind the amended USA Freedom Act, saying the bill would “provide the public greater confidence in our programs and the checks and balances in the system.” “The bill ensures our intelligence and law enforcement professionals have the authorities they need to protect the nation, while further ensuring that individuals’ privacy is appropriately protected when these authorities are employed,” the White House included.
  • Lawmakers opposed to the secretive negotiations attempted on Tuesday to counter the weakened surveillance reform bill by offering an amendment to the National Defense Authorization Act (NDAA) that is “materially identical” to the version of the USA Freedom Act that was advanced by the House Judiciary and Intelligence Committees earlier this month. Yet the amendment was denied by the House Rules Committee late Tuesday. The House is now scheduled to vote on the USA Freedom Act on Thursday under closed rules, which forbids adding amendments before the final vote.
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    The Obama Administration and NSA supporters in the House of Representatives resort to a successful last-minute ambush attack to eviscerate the modest reforms proposed in the USA Freedom Act. 
Paul Merrell

America is on a "Hot War Footing": House Legislation Paves the Way for War with Russia?... - 0 views

  • America is on a war footing.  While, a World War Three Scenario has been on the drawing board of the Pentagon for more than ten years, military action against Russia is now contemplated at an “operational level”. Similarly, both the Senate and the House have introduced enabling legislation which provides legitimacy to the conduct of a war against Russia. We are not dealing with a “Cold War”. None of the safeguards of the Cold War era prevail. 
  • There has been a breakdown in East-West diplomacy coupled with extensive war propaganda. In turn the United Nations has turned a blind eye to extensive war crimes committed by the Western military alliance. The adoption of a major piece of legislation by the US House of Representatives on December 4th (H. Res. 758)  would provide (pending a vote in the Senate) a de facto green light to the US president and commander in chief to initiate –without congressional approval– a process of military confrontation with Russia. Global security is at stake. This historic vote –which potentially could affect the lives of hundreds of millions of people Worldwide– has received virtually no media coverage. A total media blackout prevails.
  • The World is at a dangerous crossroads. Moscow has responded to US-NATO threats. Its borders are threatened. On December 3, the Ministry of Defence of the Russian Federation announced the inauguration of a new military-political entity which would take over in the case of war. Russia is launching a new national defense facility, which is meant to monitor threats to national security in peacetime, but would take control of the entire country in case of war. (RT, December 3, 2014)
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  • H. Res. 758 not only accuses Russia of having invaded Ukraine, it also invokes article 5 of the Washington Treaty, namely NATO’s  doctrine of collective security. An attack on one member of the Atlantic alliance is an attack on all members of the Alliance. The underlying narrative is supported by a string of baseless accusations directed against the Russian Federation. It accuses Russia of having invaded Ukraine. It states without evidence that Russia was behind the downing of Malaysian Airlines MH17,  it accuses Russia of military aggression. Ironically, it also accuses the Russian Federation of having imposed economic sanctions not only on Ukraine, Georgia, Moldova but also on several unnamed member states of the European Union.  The resolution accuses the Russian Federation of having used “the supply of energy for political and economic coercion.”
  • In essence, House Resolution 758 were it to become law would provide a de facto green light to the President  of the United States to declare war on the Russian Federation, without the formal permission of the US Congress.
  • What the above paragraph suggests is that the US is contemplating the use of NATO’s collective security doctrine under article 5 with a views to triggering a process of military confrontation with the Russian Federation. The structure of military alliances is of crucial significance. Washington’s intent is to isolate Russia. Article 5 is a convenient mechanism imposed by the US on Western Europe. It forces NATO member states, most of which are members of the European Union, to act wage war on Washington’s behalf. Moreover, a referendum on Ukraine’s membership in NATO is contemplated.  In case Ukraine becomes a member of NATO and/or redefines its security agreement with NATO, article 5 could be invoked as a justification to wage a NATO sponsored war on Russia.
  • The speed at which this legislation was adopted is unusual in US Congressional history. House resolution 758 was introduced on November 18th, it was rushed off to the Foreign Affairs Committee and rushed back to the plenary of the House for debate and adoption. Two weeks (16 days) after it was first introduced by Rep. Kinzinger (Illinois) on November 18, it was adopted by 411-10 in an almost unanimous vote on the morning of December 4th.
  • One would expect that this historic decision would has been the object of extensive news coverage. In fact what happened was a total news blackout. The nation’s media failed to provide coverage of the debate in House of Representatives and the adoption of H Res 758 on December 4. The mainstream media had been instructed not to cover the Congressional decision. Nobody dared to raise its dramatic implications.  its impacts on “global security”.  ”World War III is not front page news.” And without mainstream news concerning US-NATO war preparations, the broader public remains unaware of the importance of the Congressional decision. .
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    We are led by usurpers and their useful idiots in Congress and the White House.
Paul Merrell

Federal Chief Information Officers (CIO) Council Wins Rosemary Award - 0 views

  • Hillary Clinton E-Mail Controversy Illuminates Government-Wide Failure National Security Archive Lawsuit Established E-Mails as Records in 1993 CIO Council Repeats as Rosemary "Winner" for Doubling Down On "Lifetime Failure" Only White House Saves Its E-Mail Electronically, Agencies No Deadline Until 2016
  • The Federal Chief Information Officers (CIO) Council has won the infamous Rosemary Award for worst open government performance of 2014, according to the citation published today by the National Security Archive at www.nsarchive.org. The National Security Archive had hoped that awarding the 2010 Rosemary Award to the Federal Chief Information Officers Council for never addressing the government's "lifetime failure" of saving its e-mail electronically would serve as a government-wide wakeup call that saving e-mails was a priority. Fallout from the Hillary Clinton e-mail debacle shows, however, that rather than "waking up," the top officials have opted to hit the "snooze" button. The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Justice Department, and Director of National Intelligence James Clapper.
  • Chief Information Officer of the United States Tony Scott was appointed to lead the Federal CIO Council on February 5, 2015, and his brief tenure has already seen more references in the news media to the importance of maintaining electronic government records, including e-mail, and the requirements of the Federal Records Act, than the past five years. Hopefully Mr. Scott, along with Office of Management & Budget Deputy Director for Management Ms. Beth Cobert will embrace the challenge of their Council being named a repeat Rosemary Award winner and use it as a baton to spur change rather than a cross to bear.
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  • Many on the Federal CIO Council could use some motivation, including the beleaguered State Department CIO, Steven Taylor. In office since April 3, 2013, Mr. Taylor is in charge of the Department's information resources and IT initiatives and services. He "is directly responsible for the Information Resource Management (IRM) Bureau's budget of $750 million, and oversees State's total IT/ knowledge management budget of approximately one billion dollars." Prior to his current position, Taylor served as Acting CIO from August 1, 2012, as the Department's Deputy Chief Information Officer (DCIO) and Chief Technology Officer of Operations from June 2011, and was the Program Director for the State Messaging and Archival Retrieval Toolset (SMART). While Hillary Clinton repeatedly claimed that because she sent her official e-mail to "government officials on their State or other .gov accounts ... the emails were immediately captured and preserved," a recent State Department Office of Inspector General report contradicts claims that DOS' e-mail archiving system, ironically named SMART, did so.
  • The report found that State Department "employees have not received adequate training or guidance on their responsibilities for using those systems to preserve 'record emails.'" In 2011, while Taylor was State's Chief Technology Officer of Operations, State Department employees only created 61,156 record e-mails out of more than a billion e-mails sent. In other words, roughly .006% of DOS e-mails were captured electronically. And in 2013, while Taylor was State's CIO, a paltry seven e-mails were preserved from the Office of the Secretary, compared to the 4,922 preserved by the Lagos Consulate in Nigeria. Even though the report notes that its assessments "do not apply to the system used by the Department's high-level principals, the Secretary, the Deputy Secretaries, the Under Secretaries, and their immediate staffs, which maintain separate systems," the State Department has not provided any estimation of the number of Clinton's e-mails that were preserved by recipients through the Department's anachronistic "print and file" system, or any other procedure.
  • The unfortunate silver lining of Hillary Clinton inappropriately appropriating public records as her own is that she likely preserved her records much more comprehensively than her State Department colleagues, most of whose e-mails have probably been lost under Taylor's IT leadership. 2008 reports by CREW, right, and the GAO, left, highlighted problems preserving e-mails. Click to enlarge. The bigger issue is that Federal IT gurus have known about this problem for years, and the State Department is not alone in not having done anything to fix it. A 2008 survey by Citizens for Responsibility and Ethics in Washington (CREW) and OpenTheGovernment.org did not find a single federal agency policy that mandates an electronic record keeping system agency-wide. Congressional testimony in 2008 by the Government Accountability Office indicted the standard "print and file" approach by pointing out:
  • 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).
  • Troublingly, current Office of Management and Budget guidance does not require federal agencies to manage "all email records in an electronic format" until December 31, 2016. The only part of the federal government that seems to be facing up to the e-mail preservation challenge with any kind of "best practice" is the White House, where the Obama administration installed on day one an e-mail archiving system that preserves and manages even the President's own Blackberry messages. The National Security Archive brought the original White House e-mail lawsuit against President Reagan in early 1989, and continued the litigation against Presidents George H.W. Bush and Bill Clinton, until court orders compelled the White House to install the "ARMS" system to archive e-mail. The Archive sued the George W. Bush administration in 2007 after discovering that the Bush White House had junked the Clinton system without replacing its systematic archiving functions. CREW subsequently joined this suit and with the Archive negotiated a settlement with the Obama administration that included the recovery of as many as 22 million e-mails that were previously missing or misfiled.
  • s a result of two decades of the Archive's White House e-mail litigation, several hundred thousand e-mails survive from the Reagan White House, nearly a half million from the George H.W. Bush White House, 32 million from the Clinton White House, and an estimated 220 million from the George W. Bush White House. Previous recipients of the Rosemary Award include: 2013 - Director of National Intelligence James Clapper (for his "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?") 2012 - the Justice Department (in a repeat performance, for failing to update FOIA regulations to comply with the law, undermining congressional intent, and hyping its open government statistics)
  • Rogue Band of Federal E-mail Users and Abusers Compounds Systemic Problems Former Secretary of State Hillary Clinton and other federal officials who skirt or even violate federal laws designed to preserve electronic federal records compound e-mail management problems. Top government officials who use personal e-mail for official business include: Clinton; former U.S. Ambassador to Kenya Scott Gration; chairman of the U.S. Chemical Safety Board Rafael Moure-Eraso; and former Secretary of State Colin Powell, who told ABC's This Week "I don't have any to turn over. I did not keep a cache of them. I did not print them off. I do not have thousands of pages somewhere in my personal files." Others who did not properly save electronic federal records include Environmental Protection Agency former administrator Lisa Jackson who used the pseudonym Richard Windsor to receive email; current EPA administrator Gina McCarthy, who improperly deleted thousands of text messages (which also are federal records) from her official agency cell phone; and former Internal Revenue Service official Lois Lerner, whose emails regarding Obama's political opponents "went missing or became destroyed."
  • "agencies recognize that devoting significant resources to creating paper records from electronic sources is not a viable long-term strategy;" yet GAO concluded even the "print and file" system was failing to capture historic records "for about half of the senior officials."
  • The destruction of other federal records was even more blatant. Jose Rodriguez, the former CIA official in charge of the agency's defunct torture program ordered the destruction of key videos documenting it in 2005, claiming that "the heat from destroying [the torture videos] is nothing compared to what it would be if the tapes ever got into the public domain;" Admiral William McRaven, ordered the immediate destruction of any emails about Operation Neptune Spear, including any photos of the death of Osama bin Laden ("destroy them immediately"), telling subordinates that any photos should have already been turned over to the CIA — presumably so they could be placed in operational files out of reach of the FOIA. These rogues make it harder — if not impossible — for agencies to streamline their records management, and for FOIA requesters and others to obtain official records, especially those not exchanged with other government employees. The US National Archives currently trusts agencies to determine and preserve e-mails which agencies have "deemed appropriate for preservation" on their own, often by employing a "print and file" physical archiving process for digital records. Any future reforms to e-mail management must address the problems of outdated preservation technology, Federal Records Act violators, and the scary fact that only one per cent of government e-mail addresses are saved digitally by the National Archive's recently-initiated "Capstone" program.
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    Complete with photos, names, titles, of the 41 federal department and independent agency CIOs. The March 2015 Insopector General report linked from the article belies Hillary Clinton's claim that all emails she sent to State Department staff had been preserved by the Department.   
Paul Merrell

White House wants Republicans to disqualify Trump as reactions snowball - 0 views

  • As international condemnation of Republican Party presidential candidate Donald Trump's proposal to ban Muslims from entering the US snowballs, the White House has called for Trump to be disqualified from the presidential race and urged Republican candidates to reject him. Trump called for blocking Muslims -- including prospective immigrants, students, tourists and other visitors -- from entering the US following a shooting spree in San Bernardino, California, by a Muslim couple whom authorities said had been radicalized. The White House lambasted Trump's proposal for the ban, maintaining on Tuesday that Trump's outburst disqualified him from becoming president and called on Republican Party presidential hopefuls to disavow him with immediate effect. White House spokesman Josh Earnest said Trump's campaign had a "dustbin of history" quality to it and said his comments were offensive and toxic, according to Reuters. "If they are so cowed by Mr. Trump and his supporters that they're not willing to stand by the values enshrined in the Constitution, then they have no business serving as president of the United States themselves," Earnest said, according to The Associated Press (AP).
  • The Pentagon, the headquarters of the US Department of Defense, warned on Tuesday that Trump's anti-Muslim rhetoric undermines US national security, especially fueling the Islamic State in Iraq and the Levant's (ISIL) narrative of a US war with Islam. Asked about Trump's remarks, Pentagon spokesman Peter Cook said Muslims serve in the US armed forces and that America's war strategy to combat the Islamic State hinged on support from Muslim countries, according to a Reuters report. “Anything that bolsters ISIL's narrative and pits the United States against the Muslim faith is certainly not only contrary to our values but contrary to our national security,” Cook told a news briefing, refraining to mention Trump by name. US Homeland Security Secretary Jeh Johnson said Trump's proposal could thwart US efforts to connect with the Muslim community and Secretary of State John Kerry said his ideas were not constructive. The Pentagon counts thousands of service members who self-identify as Muslims. Data released by the US Defense Department showed that 3,817 active-duty members and 2,079 members of the National Guard and reserve identified their faith as “Islam.” However the real number could well be higher as the identifications are voluntary.
  • UN secretary-general strongly opposes Trump comments UN spokesman Farhan Haq said recently UN Secretary-General Ban Ki-moon strongly opposes Trump's call for a ban on Muslims entering the United States. Haq said the secretary-general has repeatedly spoken out against all forms of xenophobia and statements against migrants, racial or religious groups "and that would certainly apply in this case." While political campaigns have their own dynamics, Haq said, according to AP, “we do not believe that any kind of rhetoric that relies on Islamaphobia, xenophobia, any other appeal to hate any groups, really should be followed by anyone.”
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    That figures. Trump is out-polling Hillary at the moment.
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. 
Paul Merrell

White House withholds records from Senate panel's CIA inquiry | Dallas Morning News - 0 views

  • The White House has been withholding for five years more than 9,000 top-secret documents sought by the Senate Select Committee on Intelligence for its investigation into the now-defunct CIA detention and interrogation program, even though President Barack Obama hasn’t exercised a claim of executive privilege.In contrast to public assertions that it supports the committee’s work, the White House has ignored or rejected offers in multiple meetings and in letters to find ways for the committee to review the records, a McClatchy investigation has found.The significance of the materials couldn’t be learned. But the administration’s refusal to turn them over or to agree to any compromise raises questions about what they would reveal about the CIA’s use of waterboarding and other harsh interrogation techniques on suspected terrorists in secret overseas prisons.The dispute indicates that the White House is more involved than it has acknowledged in the unprecedented power struggle between the committee and the CIA, which has triggered charges that the agency searched the panel’s computers without authorization and has led to requests to the Justice Department for criminal investigations of CIA personnel and Senate aides.“These documents certainly raise the specter that the White House has been involved in stonewalling the investigation,” said Elizabeth Goitein, the co-director of the Brennan Center for Justice’s Liberty and National Security Program at the New York University Law School.The committee and the CIA declined to comment.
  • In a prepared statement to McClatchy, the White House confirmed that “a small percentage” of the 6.2 million pages of documents provided to the committee were “set aside because they raise executive branch confidentiality interests.”
  • In question are 9,400 documents that came to the committee’s attention in 2009, McClatchy has learned. It’s unclear whether the CIA first gave the committee staff access to the materials before the White House withheld them.But Obama hasn’t formally decreed that the documents are protected by executive privilege, McClatchy learned. Although the doctrine isn’t mentioned explicitly in the Constitution, the Supreme Court recognized in 1974 a limited power by the White House to withhold certain communications between high officials and close aides who advise and assist them.
Paul Merrell

White House refuses to hand over top-secret documents to Senate committee | World news ... - 0 views

  • The White House is refusing to hand over top-secret documents to a Senate investigation into CIA torture and rendition of terrorism suspects, claiming it needs to ensure that “executive branch confidentiality” is respected.In the latest development in the spiralling clash between Congress and the administration over oversight of the intelligence agencies, Barack Obama’s spokesman Jay Carney confirmed that certain material from the George W Bush presidency was being withheld for fear of weakening Oval Office privacy.“This is about precedent, and the need, institutionally, to protect some of the prerogatives of the executive branch – and the office of the presidency,” said Carney.“All of these documents pertain to and come from a previous administration, but these are matters that need to be reviewed in light of long-recognised executive prerogatives and confidentiality interests.”
  • A report published by McClatchy newspapers on Wednesday night said that Senate investigators were trying to obtain an estimated 9,400 such documents relating to CIA detention and interrogation after 9/11.
  • In public, the White House has tried to stay out of a growing constitutional clash between Congress and the CIA over alleged interference in the investigation. Reuters reported that the White House chief lawyer, Kathryn Ruemmler, had tried to mediate in private between both sides in an attempt to “de-escalate” the tension.But the admission that the White House is withholding key documents is likely to renew criticism that the Obama administration is failing to live up to promises to fully investigate a dark chapter in CIA history.
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  • Udall said he had lifted a procedural obstacle he had placed on the CIA’s nominee for its next general counsel, Caroline Krass. That sets up the departure of its acting senior attorney, Robert Eatinger, who is at the centre of this week’s extraordinary battle between the Senate intelligence committee and the CIA.Krass had already cleared the Senate committee, but Udall put her on hold to gain leverage for the committee in its struggle for access to CIA documents relevant to its extensive study of the agency’s post-9/11 interrogation, rendition and detention program, which involved torture.The Senate voted Thursday to confirm Krass, sending her to Langley at a time when relations between the CIA and the Senate have reached a nadir. While Eatinger was never going to be the agency’s permanent general counsel, he is now the first explicit casualty in the row between the CIA and its Senate overseers.Eatinger, a longtime agency lawyer with counterterrorism experience, was cited on Monday by the panel’s chairwoman, Dianne Feinstein of California, in her seminal speech lashing out at the CIA. Without naming him, Feinstein indicated he was instrumental in the agency’s now-abandoned torture practices, and had been cited over 1,600 times in the classified Senate torture investigation.
  • Feinstein said Eatinger, whom senators have taken care not to name, had alerted the Justice Department to her staff’s removal of a CIA document from a classified facility – which both Feinstein and Udall cite as a conflict of interest.Ahead of Krass’s arrival at the CIA, Udall called on Eatinger to immediately recuse himself from any internal matters related to either the torture inquiry or the Senate panel generally. “We need to correct the record on the CIA’s coercive detention and interrogation program and declassify the Senate intelligence committee’s exhaustive study of it. I released my hold on Caroline Krass’s nomination today and voted for her to help change the direction of the agency,” Udall said in a statement on Thursday.
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    6 million documents. Which means that the Administration chose the time-proven tactic of emptying wastebaskets to have *something* to talk about in defense of withholding the truly damning documents. The Senate committee asked for Swiss Cheese; the administration provided only the cheese's holes. 6,400 documents is far more than the Administration will hold back if this issue winds up in court because of the truly staggering paperwork burden placed on the Administration by procedures for subpoena cases. The White House will have the burdens of proof and persuasion, with a strong presumption favoring production of the records.  For a good quick overview of the governing law and its constitutional history, see the D.C. Circuit's opinion In re sealed Case, 121 F. 3d 729 (1997),  http://scholar.google.com/scholar_case?case=7608826439463067791
Paul Merrell

Intel Contractors Give Millions to Lawmakers Overseeing Government Surveillance | MapLi... - 0 views

  • In response to documents leaked by former National Security Agency contractor Edward J. Snowden, the congressional committees in charge of overseeing the government's intelligence operations have come to the defense of the surveillance and data collection programs, and the agencies that administer them. The House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence have rejected attempts to reform the programs while advancing legislation to bolster their legal status and providing a funding boost to the National Security Agency (NSA) to protect their secrecy. The U.S. intelligence budget for 2013 is $52.6 billion. According to the Washington Post, "top secret spending" is divided into four main spending categories: data collection, data analysis, management, facilities and support, and data processing and exploitation. Seventy percent of the intelligence budget is used to pay private contractors. Several of the companies receiving intelligence contracts are major donors to members of the intelligence committees, including L-3 Communications, General Dynamics, Lockheed Martin, Northrop Grumman, and Honeywell International. Data: MapLight analysis of campaign contributions from political action committees (PACs) and individuals from the top 20 intelligence services contractors working with the Department of Defense, ranked by total value of contracts received, to members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence. Data source: Federal Election Commission from January 1, 2005 - October 4, 2013. Department of Defense intelligence services contracts source: USASpending (contract totals as of September 26, 2013)
  • In total, members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence have received $3.7 million from top intelligence services contractors since January 1, 2005. Members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence from Maryland -- home of NSA headquarters -- led the committees in money received from top intelligence contractors. Representative C.A. "Dutch" Ruppersberger, D-Md., is the largest recipient, having received $363,600 since January 1, 2005. Senator Barbara Mikulski, D-Md., is the second largest recipient, having received $210,150. Republican members of House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence have received $1.86 million since January 1, 2005, while Democrat members have received $1.82 million over the same time period. Members of the House Permanent Select Committee on Intelligence have received $2.2 million since January 1, 2005 from top intelligence services contractors, while members of the Senate Select Committee on Intelligence have received $1.5 million. Lockheed Martin has given $798,910 to members the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence since January 1, 2005, more than any of the other top 20 intelligence service contractors. Northrop Grumman has given $753,101, the second highest amount, and Honeywell has given $714,913, the third highest amount.
  • TOP 20 INTELLIGENCE SERVICES CONTRACTORS CONTRIBUTIONS TO CONGRESSIONAL INTELLIGENCE COMMITTEES
Paul Merrell

Obama confidant's spine-chilling proposal - Salon.com - 0 views

  • 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.
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  • Covert government propaganda is exactly what Sunstein craves.  His mentality is indistinguishable from the Bush mindset that led to these abuses, and he hardly tries to claim otherwise.  Indeed, he favorably cites both the covert Lincoln Park program as well as Paul Bremer’s closing of Iraqi newspapers which published stories the U.S. Government disliked, and justifies them as arguably necessary to combat “false conspiracy theories” in Iraq — the same goal Sunstein has for the U.S.Sunstein’s response to these criticisms is easy to find in what he writes, and is as telling as the proposal itself.  He acknowledges that some “conspiracy theories” previously dismissed as insane and fringe have turned out to be entirely true (his examples:  the CIA really did secretly administer LSD in “mind control” experiments; the DOD really did plot the commission of terrorist acts inside the U.S. with the intent to blame Castro; the Nixon White House really did bug the DNC headquarters).  Given that history, how could it possibly be justified for the U.S. Government to institute covert programs designed to undermine anti-government “conspiracy theories,” discredit government critics, and increase faith and trust in government pronouncements?  Because, says Sunstein, such powers are warranted only when wielded by truly well-intentioned government officials who want to spread The Truth and Do Good — i.e., when used by people like Cass Sunstein and Barack Obama
  • Throughout, we assume a well-motivated government that aims to eliminate conspiracy theories, or draw their poison, if and only if social welfare is improved by doing so. But it’s precisely because the Government is so often not “well-motivated” that such powers are so dangerous.  Advocating them on the ground that “we will use them well” is every authoritarian’s claim.  More than anything else, this is the toxic mentality that consumes our political culture:  when our side does X, X is Good, because we’re Good and are working for Good outcomes.  That was what led hordes of Bush followers to endorse the same large-government surveillance programs they long claimed to oppose, and what leads so many Obama supporters now to justify actions that they spent the last eight years opposing.
  • Consider the recent revelation that the Obama administration has been making very large, undisclosed payments to MIT Professor Jonathan Gruber to provide consultation on the President’s health care plan.  With this lucrative arrangement in place, Gruber spent the entire year offering public justifications for Obama’s health care plan, typically without disclosing these payments, and far worse, was repeatedly held out by the White House — falsely — as an “independent” or “objective” authority.  Obama allies in the media constantly cited Gruber’s analysis to support their defenses of the President’s plan, and the White House, in turn, then cited those media reports as proof that their plan would succeed.  This created an infinite “feedback loop” in favor of Obama’s health care plan which — unbeknownst to the public — was all being generated by someone who was receiving hundreds of thousands of dollars in secret from the administration (read this to see exactly how it worked).In other words, this arrangement was quite similar to the Armstrong Williams and Maggie Gallagher scandals which Democrats, in virtual lockstep, condemned.  Paul Krugman, for instance, in 2005 angrily lambasted right-wing pundits and policy analysts who received secret, undisclosed payments, and said they lack “intellectual integrity”; he specifically cited the Armstrong Williams case.  Yet the very same Paul Krugman last week attacked Marcy Wheeler for helping to uncover the Gruber payments by accusing her of being “just like the right-wingers with their endless supply of fake scandals.”  What is one key difference?  Unlike Williams and Gallagher, Jonathan Gruber is a Good, Well-Intentioned Person with Good Views — he favors health care — and so massive, undisclosed payments from the same administration he’s defending are dismissed as a “fake scandal.”
  • Sunstein himself — as part of his 2008 paper — explicitly advocates that the Government should pay what he calls “credible independent experts” to advocate on the Government’s behalf, a policy he says would be more effective because people don’t trust the Government itself and would only listen to people they believe are “independent.”  In so arguing, Sunstein cites the Armstrong Williams scandal not as something that is wrong in itself, but as a potential risk of this tactic (i.e., that it might leak out), and thus suggests that “government can supply these independent experts with information and perhaps prod them into action from behind the scenes,” but warns that “too close a connection will be self-defeating if it is exposed.”  In other words, Sunstein wants the Government to replicate the Armstrong Williams arrangement as a means of more credibly disseminating propaganda — i.e., pretending that someone is an “independent” expert when they’re actually being “prodded” and even paid “behind the scenes” by the Government — but he wants to be more careful about how the arrangement is described (don’t make the control explicit) so that embarrassment can be avoided if it ends up being exposed.  
  • In this 2008 paper, then, Sunstein advocated, in essence, exactly what the Obama administration has been doing all year with Gruber:  covertly paying people who can be falsely held up as “independent” analysts in order to more credibly promote the Government line.  Most Democrats agreed this was a deceitful and dangerous act when Bush did it, but with Obama and some of his supporters, undisclosed arrangements of this sort seem to be different.  Why?  Because, as Sunstein puts it:  we have “a well-motivated government” doing this so that “social welfare is improved.”  Thus, just like state secrets, indefinite detention, military commissions and covert, unauthorized wars, what was once deemed so pernicious during the Bush years — coordinated government/media propaganda — is instantaneously transformed into something Good.* * * * *What is most odious and revealing about Sunstein’s worldview is his condescending, self-loving belief that “false conspiracy theories” are largely the province of fringe, ignorant Internet masses and the Muslim world.  That, he claims, is where these conspiracy theories thrive most vibrantly, and he focuses on various 9/11 theories — both domestically and in Muslim countries — as his prime example.
  • It’s certainly true that one can easily find irrational conspiracy theories in those venues, but some of the most destructive “false conspiracy theories” have emanated from the very entity Sunstein wants to endow with covert propaganda power:  namely, the U.S. Government itself, along with its elite media defenders. Moreover, “crazy conspiracy theorist” has long been the favorite epithet of those same parties to discredit people trying to expose elite wrongdoing and corruption. Who is it who relentlessly spread “false conspiracy theories” of Saddam-engineered anthrax attacks and Iraq-created mushroom clouds and a Ba’athist/Al-Qaeda alliance — the most destructive conspiracy theories of the last generation?  And who is it who demonized as “conspiracy-mongers” people who warned that the U.S. Government was illegally spying on its citizens, systematically torturing people, attempting to establish permanent bases in the Middle East, or engineering massive bailout plans to transfer extreme wealth to the industries which own the Government?  The most chronic and dangerous purveyors of “conspiracy theory” games are the very people Sunstein thinks should be empowered to control our political debates through deceit and government resources:  namely, the Government itself and the Enlightened Elite like him.
  • It is this history of government deceit and wrongdoing that renders Sunstein’s desire to use covert propaganda to “undermine” anti-government speech so repugnant.  The reason conspiracy theories resonate so much is precisely that people have learned — rationally — to distrust government actions and statements.  Sunstein’s proposed covert propaganda scheme is a perfect illustration of why that is.  In other words, people don’t trust the Government and “conspiracy theories” are so pervasive precisely because government is typically filled with people like Cass Sunstein, who think that systematic deceit and government-sponsored manipulation are justified by their own Goodness and Superior Wisdom.
  • The point is that there are severe dangers to the Government covertly using its resources to “infiltrate” discussions and to shape political debates using undisclosed and manipulative means.  It’s called “covert propaganda” and it should be opposed regardless of who is in control of it or what its policy aims are. UPDATE II:  Ironically, this is the same administration that recently announced a new regulation dictating that “bloggers who review products must disclose any connection with advertisers, including, in most cases, the receipt of free products and whether or not they were paid in any way by advertisers, as occurs frequently.”  Without such disclosure, the administration reasoned, the public may not be aware of important hidden incentives (h/t pasquin).  Yet the same administration pays an MIT analyst hundreds of thousands of dollars to advocate their most controversial proposed program while they hold him out as “objective,” and selects as their Chief Regulator someone who wants government agents to covertly mold political discussions “anonymously or even with false identities.”
  • UPDATE III:  Just to get a sense for what an extremist Cass Sunstein is (which itself is ironic, given that his paper calls for ”cognitive infiltration of extremist groups,” as the Abstract puts it), marvel at this paragraph:
  • So Sunstein isn’t calling right now for proposals (1) and (2) — having Government ”ban conspiracy theorizing” or “impose some kind of tax on those who” do it — but he says “each will have a place under imaginable conditions.”  I’d love to know the “conditions” under which the government-enforced banning of conspiracy theories or the imposition of taxes on those who advocate them will “have a place.”  That would require, at a bare minumum, a repeal of the First Amendment.  Anyone who believes this should, for that reason alone, be barred from any meaningful government position.
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    This is a January 2010 article by Glenn Greenwald. The Sunstein paper referred to was published in 2008 and is at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084585  Sunstein left the Obama Administration in 2012 and now teaches law at Harvard. He is the husband of U.S. Ambassador to the U.N. Susan Rice,a notorious neocon.  His paper is scholarly only in format. His major premises have no citations and in at least two cases are straw man logical fallacies that misportray the position of the groups he criticizes. This is "academic" work that a first-year-law student heading for a 1.0 grade point average could make mincemeat of. This paper alone would seem to disqualify him from a Supreme Court nomination and from teaching law. Has he never heard of the First Amendment and why didn't he bother to check whether it is legal to inflict propaganda on the American public? But strange things happen when you're a buddy of an American president. Most noteworthy, however, is that the paper unquestionably puts an advocate of waging psychological warfare against the foreign populations *and* the American public as the head of the White House White House OMB Office of Information and Regulatory Affairs from 2008 through 2012 and on Obama's short list for the Supreme Court. Given the long history of U.S. destabilization of foreign nations via propaganda, of foreign wars waged under false pretenses, of the ongoing barrage of false information disseminated by our federal government, can there be any reasonable doubt that the American public is not being manipulated by false propaganda disseminated by their own government?  An inquiring mind wants to know ...   
Paul Merrell

White House defends 'Cuban Twitter' to stir unrest - Yahoo News - 0 views

  • The Obama administration defended its creation of a Twitter-like Cuban communications network to undermine the communist government, declaring the secret program was "invested and debated" by Congress and wasn't a covert operation that required White House approval.
  • But two senior Democrats on congressional intelligence and judiciary committees said Thursday they had known nothing about the effort, which one of them described as "dumb, dumb, dumb." A showdown with that senator's panel is expected next week, and the Republican chairman of a House oversight subcommittee said that it, too, would look into the program.An Associated Press investigation found that the network was built with secret shell companies and financed through a foreign bank. The project, which lasted more than two years and drew tens of thousands of subscribers, sought to evade Cuba's stranglehold on the Internet with a primitive social media platform.First, the network was to build a Cuban audience, mostly young people. Then, the plan was to push them toward dissent.
  • Yet its users were neither aware it was created by a U.S. agency with ties to the State Department, nor that American contractors were gathering personal data about them, in the hope that the information might be used someday for political purposes.It is unclear whether the scheme was legal under U.S. law, which requires written authorization of covert action by the president as well as congressional notification. White House spokesman Jay Carney said he was not aware of individuals in the White House who had known about the program.
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  • USAID's top official, Rajiv Shah, is scheduled to testify on Tuesday before the Senate Appropriations State Department and Foreign Operations Subcommittee, on the agency's budget. The subcommittee's chairman, Patrick Leahy, a Democrat, is the senator who called the project "dumb, dumb, dumb" during an appearance Thursday on MSNBC.The administration said early Thursday that it had disclosed the initiative to Congress — Carney said the program had been "debated in Congress" — but hours later the narrative had shifted to say that the administration had offered to discuss funding for it with the congressional committees that approve federal programs and budgets."We also offered to brief our appropriators and our authorizers," said State Department spokeswoman Marie Harf. She added that she was hearing on Capitol Hill that many people support these kinds of democracy promotion programs. And some lawmakers did speak up on that subject. But by late Thursday no members of Congress had acknowledged being aware of the Cuban Twitter program earlier than this week.
  • Harf described the program as "discreet" but said it was in no way classified or covert. Harf also said the project, dubbed ZunZuneo, did not rise to a level that required the secretary of state to be notified. Neither former Secretary of State Hillary Rodham Clinton nor John Kerry, the current occupant of the office, was aware of ZunZuneo, she said.In his prior position as chairman of the Senate Foreign Relations Committee, Kerry had asked congressional investigators to examine whether or not U.S. democracy promotion programs in Cuba were operated according to U.S. laws, among other issues. The resulting report, released by the Government Accountability Office in January 2013, does not examine whether or not the programs were covert. It does not say that any U.S. laws were broken.The GAO report does not specifically refer to ZunZuneo, but does note that USAID programs included "support for the development of independent social networking platforms."
  • "I know they said we were notified," Leahy told AP. "We were notified in the most oblique way, that nobody could understand it. I'm going to ask two basic questions: Why weren't we specifically told about this if you're asking us for money? And secondly, whose bright idea was this anyway?"The Republican chairman of a House oversight subcommittee said his panel will be looking into the project, too."That is not what USAID should be doing," said Rep. Jason Chaffetz, the Republican chairman of the House Oversight and Government Reform National Security Subcommittee. "USAID is flying the American flag and should be recognized around the globe as an honest broker of doing good. If they start participating in covert, subversive activities, the credibility of the United States is diminished."
  • At minimum, details uncovered by the AP appear to muddy the USAID's longstanding claims that it does not conduct covert actions, and the details could undermine the agency's mission to deliver aid to the world's poor and vulnerable — an effort that requires the trust and cooperation of foreign governments.Leahy and Rep. C.A. Dutch Ruppersberger, the top Democrat on the House Intelligence Committee, said they were unaware of ZunZuneo.
  • USAID and its contractors went to extensive lengths to conceal Washington's ties to the project, according to interviews and documents obtained by the AP. They set up front companies in Spain and the Cayman Islands to hide the money trail, and recruited CEOs without telling them they would be working on a U.S. taxpayer-funded project."There will be absolutely no mention of United States government involvement," according to a 2010 memo from Mobile Accord Inc., one of the project's creators. "This is absolutely crucial for the long-term success of the service and to ensure the success of the Mission."ZunZuneo was publicly launched shortly after the 2009 arrest in Cuba of American contractor Alan Gross. He was imprisoned after traveling repeatedly to the country on a separate, clandestine USAID mission to expand Internet access using sensitive technology that only governments use.The AP obtained more than 1,000 pages of documents about the ZunZuneo project's development. It independently verified the project's scope and details in the documents through publicly available databases, government sources and interviews with those involved.
  • The social media project began after Washington-based Creative Associates International obtained a half-million Cuban cellphone numbers. It was unclear to the AP how the numbers were obtained, although documents indicate they were done so illicitly from a key source inside the country's state-run provider. Project organizers used those numbers to start a subscriber base.ZunZuneo's organizers wanted the social network to grow slowly to avoid detection by the Cuban government. Eventually, documents and interviews reveal, they hoped the network would reach critical mass so that dissidents could organize "smart mobs" — mass gatherings called at a moment's notice — that could trigger political demonstrations, or "renegotiate the balance of power between the state and society."At a 2011 speech at George Washington University, Clinton said the U.S. helps people in "oppressive Internet environments get around filters." Noting Tunisia's role in the Arab Spring, she said people used technology to help "fuel a movement that led to revolutionary change."Suzanne Hall, then a State Department official working on Clinton's social media efforts, helped spearhead an attempt to get Twitter founder Jack Dorsey to take over the ZunZuneo project, documents indicate. Dorsey declined to comment.
  • The estimated $1.6 million spent on ZunZuneo was publicly earmarked for an unspecified project in Pakistan, public government data show, but those documents don't reveal where the funds were actually spent.ZunZuneo's organizers worked hard to create a network that looked like a legitimate business, including the creation of a companion website — and marketing campaign — so users could subscribe and send their own text messages to groups of their choice."Mock ad banners will give it the appearance of a commercial enterprise," one written proposal obtained by the AP said. Behind the scenes, ZunZuneo's computers were also storing and analyzing subscribers' messages and other demographic information, including gender, age, "receptiveness" and "political tendencies." USAID believed the demographics on dissent could help it target its other Cuba programs and "maximize our possibilities to extend our reach."
  • Executives set up a corporation in Spain and an operating company in the Cayman Islands — a well-known British offshore tax haven — to pay the company's bills so the "money trail will not trace back to America," a strategy memo said. Disclosure of that connection would have been a catastrophic blow, they concluded, because it would undermine the service's credibility with subscribers and get it shut down by the Cuban government.Similarly, subscribers' messages were funneled through two other countries — and never through American-based computer servers.Denver-based Mobile Accord considered at least a dozen candidates to head the European front company. One candidate, Francoise de Valera, told the AP she was told nothing about Cuba or U.S. involvement.
  • James Eberhard, Mobile Accord's CEO and a key player in the project's development, declined to comment. Creative Associates referred questions to USAID.For more than two years, ZunZuneo grew, reaching at least 40,000 subscribers. But documents reveal the team found evidence Cuban officials tried to trace the text messages and break into the ZunZuneo system. USAID told the AP that ZunZuneo stopped in September 2012 when a government grant ended.
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    More coming related to this story.
Paul Merrell

House Intelligence Bill Fumbled Transparency - Federation Of American Scientists - 0 views

  • Intelligence community whistleblowers would have been able to submit their complaints to the Privacy and Civil Liberties Oversight Board (PCLOB) under a proposed amendment to the intelligence authorization act that was offered last week by Rep. Tulsi Gabbard (D-HI). This could have been an elegant solution to the whistleblowing conundrum posed by Edward Snowden. It made little sense for Snowden to bring his concerns about bulk collection of American phone records to the congressional intelligence committees, considering that they had already secretly embraced the practice. The PCLOB, by contrast, has staked out a position as an independent critical voice on intelligence policy. (And it has an unblemished record for protecting classified information.) The Board’s January 2014 report argued cogently and at length that the Section 215 bulk collection program was likely unlawful as well as ineffective. In short, the PCLOB seemed like a perfect fit for any potential whistleblower who might have concerns about the legality or propriety of current intelligence programs from a privacy or civil liberties perspective.
  • But when Rep. Gabbard offered her amendment to the intelligence authorization act last week, it was not voted down– it was blocked. The House Rules Committee declared that the amendment was “out of order” and could not be brought to a vote on the House floor. Several other amendments on transparency issues met a similar fate. These included a measure proposed by Rep. Adam Schiff to require reporting on casualties resulting from targeted killing operations, a proposal to disclose intelligence spending at the individual agency level, and another to require disclosure of the number of U.S. persons whose communications had been collected under FISA, among others. In dismay at this outcome, Rep. Rush Holt (D-NJ) and I lamented the “staggering failure of oversight” in a May 30 op-ed. See The House Committee on Intelligence Needs Oversight of Its Own, MSNBC.
  • The House did approve an amendment offered by Rep. John Carney (D-DE) to require the Director of National Intelligence “to issue a report to Congress on how to improve the declassification process across the intelligence community.” While the DNI’s views on the subject may indeed be of interest, the amendment failed to specify the problem it intended to address (erroneous classification standards? excessive backlogs? something else?), and so it is unclear exactly what is to be improved.
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  • However, a more focused classification reform program may be in the works. Rep. Bennie Thompson (D-MS), the ranking member of the House Homeland Security Committee, said that he would introduce “a comprehensive security clearance reform bill” that would also address the need to shrink the national security classification system. The Thompson bill, which is to be introduced “in the coming weeks,” would “greatly expand the resources and responsibilities of the Public Interest Declassification Board,” Rep. Thompson said during the House floor debate on the intelligence bill on May 30. “A well-resourced and robust Board is essential to increasing accountability of the intelligence community,” he said.
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    I don't agree that whistleblowers need a secret system for their complaints. Secrecy is the problem, not the solution.In a supposedly democratic republic, every bit of government secrecy runs directly contrary to the citizen's right to be know what their government is up to.  All of the NSA reform measures in Congress share a fundamental flaw: they focus on what the NSA is allowed to do in secret. Any sane legislative approach would begin by identifying and clarifying what digital privacy rights citizens have and the obligation of government agencies and the private sector to report violations to their victims. Then one can proceed to examine how intelligence agencies might function within those parameters.  But the approach in Congress has been a catfight over "NSA reform" with secrecy accepted as the norm and without consideration of citizens' privacy rights, not even their Constitutional rights. But it is our privacy laws and their enforcement that needs attention, not directions to the Dark Government that is still allowed to remain in the dark. In other words, it is the public that should be informed of whistleblowers' revelations, not selected members of Congress, not secret courts, not some Privacy and Civil Liberties Oversight Board whose public reports are only summaries with all data they examine hid from view.  Bring that Dark Government into the sunlight and then real reform can happen but not before.
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    +1 The Constitutional and Natural rights of citizens come first. The legality of the NSA activities as well as other gov ops follows. This is an excellent point you make Paul! I hope others take up the cross and realize what an important point you are making in your comment.
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