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Good. The Intelligence community is calling BS on Obama's claim that he didn't know about the spying on foreign heads of allied states. And McCain says we need a select Congressional committee to look into what the president knew and when he knew it. That's an implicit slam of the Feinstein-led Senate Select Committee on Intelligence's oversight of the intelligence agencies and a signal that there is a scandal lurking here. More importantly, a new select committee would not have the same membership as the existing Intelligence Community, which has largely functioned as a rubber stamp for what the intelligence agencies want. We have been down this road before, in the mid-70s, when the Defense Dept. intelligence agencies were caught spying on Americans, leading to the Select Committee investigation headed by former Sen. Frank Church and to the initial passage of the Foreign Intelligence Surveillance Act, among other legislation delivering a strong message to the intelligence agencies that what happens within the U.S. is off-limits to them. But that was a lesson forgotten as new technology came along for NSA to play with. If Obama is smart, he will promptly respond to the LA Times article with a clarification that top members of his staff knew and the previous statement dealt only with his personal knowledge. But the Obama Administration has overwhelmingly demonstrated an inability to head off scandals and a big tendency to cover-up rather than get out in front of story, particularly in matters involving the NSA. So we may see a major scandal emerge from this already enormous scandal that is laid directly at Barack Obama's feet, a cover-up scandal.   Who knew what when, where, why, and how? My favorite question. 

More detail about backing up previous reports that the information supplied in the White House "Government Assessment of the Syrian Government's Use of Chemical Weapons on August 21, 2013" cooking of intelligence to justify missile strikes on Syria. Note that the same day the Assessment was published by the White House Offiice of the Press Secretary, active duty intelligence officials passed a message to Obama through veteran intelligence officers that the intelligence in the report was unreliable and that there was strong evidence that it was the "rebels" rather than Syrian government that had used sarin gas. http://www.globalresearch.ca/u-s-military-and-intelligence-officials-to-obama-assad-not-responsible-for-chemical-attack/5348576 Next came a report three days later citing and quoting an anonymous former intelligence official who said the format used and its publication by the White House rather than by the Chief of Intelligence were both strong indications that the document was not the product of the intelligence community. http://www.ipsnews.net/2013/09/obamas-case-for-syria-didnt-reflect-intel-consensus/ Now we learn the reason the White House had to cook its own "public summary of intelligence,"  because many top intelligence threatened to resign if the cherry-picked version of events without reservations explaining the likelihood that it was the rebels who did it. So the Obama Administration, like the Bush II Administration, deliberately lied to the public in an attempt to stampede the nation into another foreign war in the Mideast. The only relevant difference is that Obama didn't get away with launching his own "shock and awe" campaign. Impeachable offense? Yes. Likely to happen? No. Too many hawks in Congress who want war against both Syria and Iran.

"One presentation claims the XKeyscore program covers 'nearly everything a typical user does on the internet' ................................................................. A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden. The NSA boasts in training materials that the program, called XKeyscore, is its "widest-reaching" system for developing intelligence from the internet. The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight. The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10. "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email". US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do." But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks - what the agency calls Digital Network Intelligence (DNI). One

"But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. " Note in that regard that Snowden said in an earlier interview that use of this system rarely was audited and that when audited, the most common request if changes were requested was to beef up the justification for the search. The XScore system puts the lie to just about everything the Administration has claimed about intense oversight by all three branches of federal government and about not reading emails or listening to (Skype) phone calls. The lies keep stacking up in an ever-deepening pile.

The quoted passage include a link to the public law version of the quoted statute, which includes a definition of "authorized intelligence activities" and a reference indicating the law was codified at 50 U.S.C. 442. But it ain't there in the LII Cornell online version of the Code or in the Senate's online version. The Senate version has a reference saying that it was editorially transferred to another location in a Title dealing with disposal of government records. But the referenced sections do not exist there. So a trip to the law library to check the printed version and Westlaw. At this point I cannot confirm that the statute is still in force. But this is a great example of the evils of tucking substantive legislation into appropriation and other "Christmas Tree" bills. Oregon has a state constitutional provision limiting legislative enactments to a single subject. It's been used as authority by Oregon courts to void legislation on many occasions. But good luck trying to get the federal constitution amended to add a similar limitation.   

Jack Kennedy had the right idea: abolish the CIA.

Well, here's what the public gets told, from a President and his intelligence community that have been caught in lie after lie in the NSA scandal this summer. And of course, to "protect sources and methods, we cannot publicly release all available intelligence." One thing is certain: The "high confidence" of the summary does not acknowledge the doubt about that confidence expressed by government officials speaking anonymously to the Associated Press before the report was released. http://bigstory.ap.org/article/ap-sources-intelligence-weapons-no-slam-dunk   I'll have more later. 

Coming soon: disclosure of the NSA's public bathroom cams and microphones because people talk there and exchange germs that might have DNA in them that can be used to track terrorists. 

So if they're not relying on either FISA or EO 12333, are they simply ignoring any legal restraints on the Agency? It's interesting that the NSA house of cards only crumbled with the announcement of spying on 35 foreign national leaders. Personally, I'd vote for putting the leader of every nation in a glass house, butt naked, and able to communicate with others only through a loudspeaker/broadcast system audible to everyone in the world. Secrecy in government is the problem, not a solution. 

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.

+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.

Veteran Intelligence Professionals for Sanity call on Obama to sack Director of National Intelligence James Clapper for perjured testimony to Congress and lying to the public, with a nice collection of Clapper's lies. And Sen. Diane Feinstein gets a share of their wrath.  In my book both Clapper and Gen. Keith Alexander must be fired in disgrace else the message to the intelligence community is that there is no penalty for lying to Congress and the People, which can only encourage further lies.  Moreover, it send a message to the People that the President is more loyal to his henchmen than he is to the public's interest.

Let's keep in mind that the CIA agents' names that CIA wants to keep concealed are required to be arrested and prosecuted as war criminals by a treaty the U.S. is party to, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. E.g., in Article 6: " Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted." But here we are presented with the CIA attempting to conceal the identities of its officials who committed torture and to retain them as active agents, rather than assisting in their arrest and prosecution. From the same treaty's Article 2: "1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. "2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. "3. An order from a superior officer or a public authority may not be invoked as a justification of torture."  

By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 

By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 

There's a bit of comedy beneath the surface here. When Edward Snowden was in Hong Kong and news of the NSA leak hit, the U.S. Dept. of Justice promptly filed a criminal espionage charge against Snowden and attempted to extradite him from Hong Kong. Snowden left Hong Kong before the extradition paperwork was processed enough to result in his arrest.  Now with a pending criminal investigation of the NSA's espionage activities aimed at Germany's chancellor, the Obama White House says it wants dialog, not a criminal investigation. Would the U.S. honor its extradition treaty with Germany if NSA officials or the Director of Intelligence were charged with espionage in Germany? One might suspect that a dual-standard would be deployed, in effect saying that only espionage charges that the U.S. lodges can justify extradition. Or at least that's the way it worked when Italy tried and convicted in absentia several CIA officials and an Air Force officer of espionage activities, relating to the kidnapping and "extraordinary rendition" of a gentleman in Italy.       But this incident serves as a reminder that when the NSA officials conduct foreign intelligence activities, they will in most cases be deliberately violating the criminal laws of other nations. And the same activity aimed at U.S. citizens is also criminal, which is undoubtedly why Sen. Ron Wyden asked Director of Intelligence Clapper if the NSA had taken account of the Computer Fraud and Abuse Act in its processing of domestic digital communications. Clapper said he would get back to Wyden on that in writing. So far as I'm aware, Wyden is still waiting for that answer. There are lots of comedians in Washington, D.C. Most of them have no idea that they are comedians.   

The records of the mid-1970s Church Committee investigation into covert government surveillance and illegal repression of political rights are now online. The revelations of this investigation led directly to passage of the Foreign Intelligence Surveillance Act and other legislation aimed at confining the U.S. military to surveillance of foreign targets and to dismantling of J. Edgar. Hoover's COINTEL program of political repression in the U.S., including blackmailing of elected officials and assassination of dissident political activists. The more recent NSA revelations should be viewed with knowledge that the NSA was already told decades earlier by Congress to butt out of domestic surveillance in no uncertain terms. Yet here we have the NSA gathering the entire "haystack" of U.S. citizens' domestic communications. In any event, this is a historical treasure trove of  prior misbehavior by the U.S. clandestine services, an overpowering  testimony that government officials cannot  be trusted with secret surveillance powers. 

Tucked into a budget authorization act in December without press notice. Section 309 (the Act is linked from the article) appears to be very broad authority for the NSA to intercept any form of telephone or other electronic information in bulk. There are far more exceptions from the five-year retention limitation than the encrypted information exception. When reading this, keep in mind that the U.S. intelligence community plays semantic games to obfuscate what it does. One of its word plays is that communications are not "collected" until an analyst looks at or listens to partiuclar data, even though the data will be searched to find information countless times before it becomes "collected." That searching was the major basis for a decision by the U.S. District Court in Washington, D.C. that bulk collection of telephone communications was unconstitutional: Under the Fourth Amendment, a "search" or "seizure" requiring a judicial warrant occurs no later than when the information is intercepted. That case is on appeal, has been briefed and argued, and a decision could come any time now. Similar cases are pending in two other courts of appeals. Also, an important definition from the new Intelligence Authorization Act: "(a) DEFINITIONS.-In this section: (1) COVERED COMMUNICATION.-The term ''covered communication'' means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage."