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113th Congress Report SENATE 1st Session 113-118 ====================================================================== FREE FLOW OF INFORMATION ACT OF 2013 _______ November 6, 2013.--Ordered to be printed _______ Mr. Leahy, from the Committee on the Judiciary, submitted the following R E P O R T together with ADDITIONAL AND MINORITY VIEWS [To accompany S. 987]

Senator Cornyn offered an amendment (ALB13708) that would ensure that all persons or entities that are protected under the Free Press Clause of the First Amendment are covered by the bill's privilege. The Committee rejected the amendment by a roll call vote. The vote record is as follows: Tally: 4 Yeas, 13 Nays, 1 Pass Yeas (4): Cornyn (R-TX), Lee (R-UT), Cruz (R-TX), Flake (R- AZ) Nays (13): Leahy (D-VT), Feinstein (D-CA), Schumer (D-NY), Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), Franken (D- MN), Coons (D-DE), Blumenthal (D-CT), Hirono (D-HI), Grassley (R-IA), Hatch (R-UT), Graham (R-SC) Pass (1): Feinstein (D-CA)

ADDITIONAL MINORITY VIEWS FROM SENATORS CORNYN, SESSIONS, LEE, AND CRUZ On December 15, 1791, the United States of America ratified the Bill of Rights--the first ten amendments to the U.S. Constitution. The first among them states: ``Congress shall make no law . . . abridging the freedom . . . of the press[.]'' United States Constitution, amend. I. The freedom of the press does not discriminate amongst groups or individuals--it applies to all Americans. As the Supreme Court has long recognized, it was not intended to be limited to an organized industry or professional journalistic elite. See Branzburg v. Hayes, 408 U.S. 665, 704 (1972) (the ``liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods. Freedom of the press is a fundamental personal right[.]''); Lovell v. Griffin, 303 U.S. 444, 452 (1938) (``The liberty of the press is not confined to newspapers and periodicals. It necessarily embraces pamphlets and leaflets. . . . The press in its historic connotation comprehends every sort of publication which affords a vehicle of information and opinion.''). The Founders recognized that selectively extending the freedom of the press would require the government to decide who was a journalist worthy of protection and who was not, a form of licensure that was no freedom at all. As Justice White observed in Branzburg, administering a privilege for reporters necessitates defining ``those categories of newsmen who qualified for the privilege.'' 408 U.S. at 704 That inevitably does violence to ``the traditional doctrine that liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods.'' Id.

It's hardly news that the Obama administration is intensely and, in many respects, unprecedentedly hostile toward the news-gathering process. Even the most Obama-friendly journals have warned of what they call "Obama's war on whistleblowers". James Goodale, the former general counsel of the New York Times during its epic fights with the Nixon administration, recently observed that "President Obama wants to criminalize the reporting of national security information" and added: "President Obama will surely pass President Richard Nixon as the worst president ever on issues of national security and press freedom."Still, a new report released today by the highly respected Committee to Protect Journalists - its first-ever on press freedoms in the US - powerfully underscores just how extreme is the threat to press freedom posed by this administration. Written by former Washington Post executive editor Leonard Downie, Jr., the report offers a comprehensive survey of the multiple ways that the Obama presidency has ushered in a paralyzing climate of fear for journalists and sources alike, one that severely threatens the news-gathering process.The first sentence: "In the Obama administration's Washington, government officials are increasingly afraid to talk to the press."

It quotes New York Times national security reporter Scott Shane as saying that sources are "scared to death." It quotes New York Times reporter David Sanger as saying that "this is the most closed, control freak administration I've ever covered." And it notes that New York Times public editor Margaret Sullivan previously wrote that "it's turning out to be the administration of unprecedented secrecy and unprecedented attacks on a free press."Based on all this, Downie himself concludes:The administration's war on leaks and other efforts to control information are the most aggressive I've seen since the Nixon administration, when I was one of the editors involved in The Washington Post's investigation of Watergate. The 30 experienced Washington journalists at a variety of news organizations whom I interviewed for this report could not remember any precedent."And this pernicious dynamic extends far beyond national security: "Ellen Weiss, Washington bureau chief for E.W. Scripps newspapers and stations, said 'the Obama administration is far worse than the Bush administration' in trying to thwart accountability reporting about government agencies." It identifies at least a dozen other long-time journalists making similar observations.

The report ends by noting the glaring irony that Obama aggressively campaigned on a pledge to usher in The Most Transparent Administration Ever™. Instead, as the New Yorker's investigative reporter Jane Mayer recently said about the Obama administration's attacks: "It's a huge impediment to reporting, and so chilling isn't quite strong enough, it's more like freezing the whole process into a standstill."

Over the last two days, the American, British, and other governments have referred to reports from several groups, including Doctors Without Borders/Médecins Sans Frontières (MSF), while stating that the use of chemical weapons in Syria was “undeniable” and designating the perpetrators. MSF today warned that its medical information could not be used as evidence to certify the precise origin of the exposure to a neurotoxic agent or to attribute responsibility. On August 24, MSF announced that three hospitals it supplies in Syria’s Damascus governorate had reportedly received 3,600 patients displaying neurotoxic symptoms, of which 355 died. Although our information indicates mass exposure to a neurotoxic agent, MSF clearly stated that scientific confirmation of the toxic agent was required, and therefore called for an independent investigation to shed light on what would constitute, if confirmed, a massive and unacceptable violation of international humanitarian law. MSF also stated that in its role as an independent medical humanitarian organization, it was not in a position to determine responsibility for the event. Now that an investigation is underway by United Nations inspectors, MSF rejects that our statement be used as a substitute for the investigation or as a justification for military action. MSF's sole purpose is to save lives, alleviate the suffering of populations torn by Syrian conflict, and bear witness when confronted with a critical event, in strict compliance with the principles of neutrality and impartiality.

Much Needed New Scrutiny of the Clinton Foundation   Will there ever be a serious investigation and prosecution of the Clinton cash machine? Maybe. Micah Morrison, our chief investigative reporter, has an important update in his latest Investigative Bulletin:   Rumors have been floating up from Little Rock for months now of a new investigation into the Clinton Foundation. John Solomon advanced the story recently in a January report for The Hill. FBI agents in the Arkansas capital, he wrote, “have taken the lead” in a new Justice Department inquiry “into whether the Clinton Foundation engaged in any pay-to-play politics or other illegal activities while Hillary Clinton served as secretary of state.” Solomon reports that the probe “may also examine whether any tax-exempt assets were converted for personal or political use and whether the foundation complied with applicable tax laws.”   Main Justice also is “re-examining whether there are any unresolved issues from the closed case into Clinton’s transmission of classified information through her personal email server,” Solomon notes.   Solomon is not alone. The Wall Street Journal is tracking the story. And earlier this month, investigative journalist Peter Schweizer cryptically told SiriusXM radio that federal authorities should “convene a grand jury” in Little Rock “and let the American people look at the evidence” about the Clinton Foundation.   Judicial Watch continues to turn up new evidence of Clinton pay-to-play and mishandling of classified information. In recent months, through FOIA litigation, Judicial Watch has forced the release of more than 2,600 emails and documents from Mrs. Clinton and her associates, with more to come. The emails include evidence of Clinton Foundation donors such XL Keystone lobbyist Gordon Griffin, futures brokerage firm CME Group chairman Terrence Duffy, and an associate of Shangri La Entertainment mogul Steve Bing seeking special favors from the State Department. Read more about Judicial Watch’s pay-to-play disclosures here.   Judicial Watch also revealed many previously unreported incidents of mishandling of classified information. Mrs. Clinton and her former State Department deputy chief of staff, Huma Abedin, sent and received classified information through unsecure channels. The emails and documents involved sensitive information about President Obama, the Middle East, Africa, Afghanistan, Mexico, Burma, India, intelligence-related operations and world leaders. For documents and details from Judicial Watch on the mishandling of classified information, see here, here, here and here.   Smelling a rat in Arkansas when it comes to the Clintons of course is nothing new, and the former First Couple are masters of the gray areas around pay-to-play. But mishandling of classified information is a serious matter. And the tax angle is intriguing, even if you’re not Al Capone. The tenacious financial expert Charles Ortel, who has been digging deep into Clinton finances for years, told us back in 2015 that there are “epic problems” with the entire Clinton Foundation edifice, which traces its origins back to Arkansas. He noted that independent accounting firms may have been “duped by false and materially misleading representations” made by Clinton charitable entities. Down in Arkansas, law enforcement may be finally catching up with Ortel’s insights.

Q    -- talking about the Palestinian state issue over the last couple of days, citing the election.  But now that the election is over and Prime Minister Netanyahu has been reelected, can you talk a little bit about what that means for the U.S. goals in the peace process and the hope for a two-state solution?

Q    -- that you guys may no longer favor a two-state solution, or that you may reevaluate sort of your ability to cooperate with Netanyahu?

it has long been the policy of the United States and it continues to be the view of the President that a two-state solution is the best way to address those tensions and address that instability.

President Barack Obama made a rare acknowledgment during a Friday press briefing concerning the United States’ past use of enhanced interrogation tactics in the wake of the September 11 terrorist attacks. “In the immediate aftermath of 9/11, we did some things that were wrong. We did a whole lot of things that were right, but we tortured some folks. We did things that were contrary to our values,” Pres. Obama said near the end of a nearly hour-long press briefing at the White House in Washington, DC.

Earlier this week, Sen. Ron Wyden (D-Oregon) told The Daily Beast that “The American people will be profoundly disturbed about what will be revealed in this report.”

The word “torture” to describe the tactics used by the CIA is rarely used by government officials, but Pres. Obama has indeed condemned the agency’s past abuses before. During an address last year at the National Defense University, Obama said that, in some cases, “I believe we compromised our basic values -- by using torture to interrogate our enemies, and detaining individuals in a way that ran counter to the rule of law.” “So after I took office, we stepped up the war against Al-Qaeda but we also sought to change its course. We relentlessly targeted Al-Qaeda’s leadership. We ended the war in Iraq, and brought nearly 150,000 troops home. We pursued a new strategy in Afghanistan, and increased our training of Afghan forces. We unequivocally banned torture, affirmed our commitment to civilian courts, worked to align our policies with the rule of law and expanded our consultations with Congress,” Obama said in that address from last May.

Sunday morning news television is where Washington sets its media agenda for the week and, more importantly, defines its narrow range of conventional, acceptable viewpoints. It’s where the Serious People go to spout their orthodoxies and, through the illusion of “tough questioning,” disseminate DC-approved bipartisan narratives. Other than the New York Times front page, Sunday morning TV was the favorite tool of choice for Bush officials and neocon media stars to propagandize the public about Iraq; Dick Cheney’s media aide, Catherine Martin, noted in a memo that the Tim Russert-hosted Meet the Press lets Cheney “control message,” and she testified at the Lewis Libby trial that, as a result, “I suggested we put the vice president on Meet the Press, which was a tactic we often used. It’s our best format.” Over the last couple months, the Sunday morning TV shows — NBC’s Meet the Press, CBS’s Face The Nation, ABC’s This Week, Fox’s News Sunday, and CNN’s State of the Union — have focused on a deal with Iran as one of their principal topics. In doing so, they have repeatedly given a platform to fanatical anti-Iran voices, including Israeli officials such as Prime Minister Benjamin Netanyahu. They have sycophantically interviewed officials from the U.S.-supported, anti-Iranian Gulf tyrannies such as Saudi Arabia and Jordan; two weeks ago, Chuck Todd interviewed Saudi Ambassador to the U.S. Adel Al-Jubeir and didn’t utter a word about extreme Saudi repression,

In the last three weeks alone, Meet the Press has interviewed the Israeli prime minister, the Saudi ambassador, and the Israeli ambassador to the U.S.

Meanwhile, their “expert media panels” almost always feature the most extremist “pro-Israel,” anti-Iran American pundits such as Jeffrey Goldberg, who played a leading role in spreading false claims about Iraq under the guise of “reporting” (and only became more beloved and credible in DC for it), was dubbed Netanyahu’s “faithful stenographer” by New York Times columnist Roger Cohen, and even joined the Israeli military in his young adulthood. In 2014, Face the Nation interviewed Netanyahu five times and featured his “faithful stenographer,” Goldberg, three times; in 2015, the CBS show just last week interviewed Netanyahu and has already hosted Goldberg four times. ABC’s This Week with George Stephanopoulos actually features supreme neocon propagandist Bill Kristol as a regular “ABC News Contributor” and has also interviewed Netanyahu. And that’s to say nothing of the “hawkish,” AIPAC-loyal and/or evangelical members of the U.S. Congress who are fanatically devoted to Israel and appear literally almost every week on these programs. But as these shows “cover” the Iran deal, one thing is glaringly missing: Iranian voices. There has not been a single Iranian official recently interviewed by any of these Sunday morning shows. When I raised this issue on Twitter a couple of weeks ago, a Meet the Press senior editor, Shawna Thomas, said the show had “put in a request” with Iran for an interview, while MSNBC’s Chris Hayes also suggested that it can be difficult to secure interviews with Iranian government officials.

A CBS reporter from Arizona reveals that President Obama's press secretary, Jay Carney, receives questions from the press in advance of his daily press briefing. In fact, she says, the reporters often receive the answers in advance of the briefing, too.

Judicial Watch today released 1,606 pages of documents from the U.S. Department of State revealing repeated use of unsecured communications for classified information and numerous examples of Clinton Foundation donors receiving special favors from former Secretary of State Hillary Clinton’s staff. The documents, containing emails from the unsecure, non-government account of Huma Abedin, Clinton’s then-deputy chief of staff, also show Clinton or her staff expressing interest in visiting Venezuelan dictator Hugo Chavez and North Korean dictator Kim Jung II. The documents included 91 Clinton email exchanges not previously turned over to the State Department, bringing the known total to date to at least 530 emails that were not part of the 55,000 pages of emails that Clinton turned over to the State Department, and further contradicting a statement by Clinton that, “as far as she knew,” all of her government emails had been turned over to the State Department. The documents were obtained in response to a court order from a May 5, 2015, lawsuit filed against the State Department (Judicial Watch, Inc. v. U.S. Department of State (No. 1:15-cv-00684)) after it failed to respond to a March 18, 2015, Freedom of Information Act (FOIA) request seeking: “All emails of official State Department business received or sent by former Deputy Chief of Staff Huma Abedin from January 1, 2009 through February 1, 2013 using a non-‘state.gov’ email address.”

White House press secretary Sean Spicer defended the decision Friday to bar several news organizations from covering his question-and-answer session with press, saying the Trump administration would "push back" on "false narratives." In an audio recording from the gaggle published by Politico, Spicer defends his decision to bar outlets including CNN and The New York Times, saying "we had a pool and then we expanded it, we added some folks to come cover it." Moments later the press secretary said that the White House will "aggressively push back" against "false stories." ADVERTISEMENT"It was my decision to decide to expand the pool. We are going to aggressively push back. We're just not going to sit back and let, you know, false narratives, false stories, inaccurate facts get out there," he said. The White House barred several news organization from the gaggle, including CNN, The New York Times, The Hill, Politico, BuzzFeed, the Daily Mail, BBC, the Los Angeles Times and the New York Daily News.

The gaggle, which was held inside Spicer's West Wing office instead of the regular White House briefing room, was held hours after Trump slammed "fake news" media during a speech at the Conservative Political Action Conference (CPAC). "A few days ago I called the fake news the enemy of the people, and they are — they are the enemy of the people," Trump maintained. The White House Friday specifically pushed back against reports that chief of staff Reince Priebus had asked the FBI to dispute news stories about Trump aides' ties to Russia. Spicer went back and forth with several reporters about those particular reports with journalists in the off-camera meeting. 

On Tuesday, May 12th, U.S. Secretary of State John Kerry was asked at a press conference in Sochi Russia, to respond to Ukrainian President Petro Poroshenko’s recent statements promising renewed war against Donbass, which were made first on April 30th, “The war will end when Ukraine regains Donbass and Crimea,” and which were repeated on May 11th, by his saying, “I have no doubt, we will free the [Donetsk] Airport, because it is our land.” In other words, Poroshenko had repeatedly made clear that he plans a third invasion of Donbass, and, ultimately, also to invade and retake Crimea. (The Western press, however, had not reported any of these threats that were being made by Poroshenko.) Kerry responded: “ I have not had a chance – I have not read the speech. I haven’t seen any context. I have simply heard about it in the course of today [which would be shocking if true]. But if indeed President Poroshenko is advocating an engagement in a forceful effort at this time, we would strongly urge him to think twice not to engage in that kind of activity, that that would put Minsk in serious jeopardy. And we would be very, very concerned about what the consequences of that kind of action at this time may be.”

None of this was reported by Western ‘news’ media. Even Russia’s own Sputnik News, which was Russia’s main English-language medium reporting on Kerry’s comment, ignored this shocking assertion by the U.S. Secretary of State contradicting the nominal leader of the Ukrainian Government that the U.S. itself had installed in February 2014.  The Obama Administration now had slammed Poroshenko down on the key issue of whether to resume the war against Ukraine’s former Donbass region, and also slammed him on whether Ukraine should invade Crimea, which is Russian territory and would therefore mean a war against the Russian armed forces. America’s stooge-regime in Kiev was here being publicly taken to the woodshed about the advisability of yet another Ukrainian invasion of Ukraine’s former southeastern breakaway regions, Donbass and, even Crimea. 

Western ‘news’ media were far worse than a botch; they were outright dishonest. Typical was BBC, which headlined on May 12th, “Ukraine Crisis: Kerry Has ‘Frank’ Meeting with Putin,” and their article said nothing whatsoever about Kerry’s shocking slam-down of his Ukrainian stooge. To that ‘news’ report was also appended an “Analysis: Bridget Kendall, BBC News, Sochi,” which simply blathered, and concluded, “There was no breakthrough on anything.” That statement was the exact opposite of the truth. The one good, and, really, brilliant, news-analysis on this important matter, was from the legendary specialist on “the Empire’s [Washington’s] War on Russia,” the anonymous blogger who goes by the name, “The Saker.” His was not really a news-report, because he, too, failed to quote Kerry’s pathbreaking and shocking statement. He didn’t even quote the insignificant squib that Sputnik itself had quoted from Kerry’s remarks. Instead, he merely paraphrased Kerry, which is far less reliable than a quotation, and also far less informative than the packed shocker that Kerry actually delivered. Saker’s paraphrase was far briefer than was Kerry’s statement which is quoted here; it was merely: “Kerry made a few rather interesting remarks, saying that the Minsk-2  Agreement (M2A) was the only way forward and that he would strongly caution Poroshenko against the idea of renewing military operations.” That’s all there was to it. So, The Saker failed to provide a news-report on Kerry’s shocker. But his news-analysis  of its significance was superb, and it’s extremely worth reading (it’s worth clicking onto the link which will now be provided on the article’s title). That analysis was dated May 13th, and it was bannered, “Yet Another Huge Diplomatic Victory for Russia.”  

James Comey, director of the Federal Bureau of Investigations (FBI) defended the use of an FBI agent posing as an Associated Press journalist in order to install spyware into the computer of a teenager from Lacy, Washington State.

Comey said in an open letter published in mainstream media that the FBI did not “overstep its bounds” while using deceptive tactics during their investigation into the teen who was in communication “online with the” FBI agent.” According to Comey: “An F.B.I. agent communicated online with the anonymous suspect. Relying on an agency behavioral assessment that the anonymous suspect was a narcissist, the online undercover officer portrayed himself as an employee of The Associated Press, and asked if the suspect would be willing to review a draft article about the threats and attacks, to be sure that the anonymous suspect was portrayed fairly.” To entrap the student, the FBI produced a fake news report provided by the FBI agent to the Associated Press regarding a “technology savvy student holds Timberline High School hostage.”

The Reporters Committee for Freedom of the Press (RCFP) wrote a letter to Holder and Comey explaining : “The warrant for such action apparently did not mention that the tracker was delivered as an AP article, with an AP byline “and therefore impersonated a news media organization.” Concerned that the FBI not only failed to follow its own guidelines for such activity, but also did not make clear to the judge who signed the warrant or FBI counsel that the software ‘impersonated a media organization or that there were First Amendment concerns at stake’.”

In response to the U.S. Senate’s unanimous vote to allow 9/11 victims’ families to sue Saudi Arabia in federal court, a report published in the London-based Al-Hayat daily, by Saudi legal expert Katib al-Shammari, claims that the U.S. masterminded the terror attacks as a means of creating a nebulous “enemy” in order garner public support for a global war on terror. The report by al-Shammari, translated by the Middle East Media Research Institute (MEMRI), claims that long-standing American policy is “built upon the principle of advance planning and future probabilities,” which the U.S. has now turned toward the Saudi regime after being successfully employed against first the Taliban and al-Qaeda, then Saddam Hussein and his secular Baathist controlled Iraq. Al-Shammari claims the recent U.S. threats to “expose” documents implicating the Saudi government are simply the continuation of a U.S. policy, which he refers to as “victory by means of archive.” He highlights that during the initial invasion of Iraq, under George H.W. Bush, Saddam Hussein was left alive and in power to be used as “a bargaining chip,” but upon deciding that he was “no longer an ace up their sleeve” Washington moved to topple his government and install a U.S.-backed ruling party.

The terrorist attacks of 9/11 are now the “ace up the sleeve” of the U.S. government, according to al-Shammari. “September 11 is one of winning cards in the American archives, because all the wise people in the world who are experts on American policy and who analyze the images and the videos [of 9/11] agree unanimously that what happened in the [Twin] Towers was a purely American action, planned and carried out within the U.S. Proof of this is the sequence of continuous explosions that dramatically ripped through both buildings… Expert structural engineers demolished them with explosives, while the planes crashing [into them] only gave the green light for the detonation – they were not the reason for the collapse. But the U.S. still spreads blame in all directions. [This policy] can be dubbed ‘victory by means of archives.” The impetus behind the attacks, writes al-Shammari, was to create “an obscure enemy – terrorism – which became what American presidents blamed for all their mistakes” and that would provide justification for any “dirty operation” in any nation. According to al-Shammari’s report in Al-Hayat: “On September 11, the U.S. attained several victories at the same time, that [even] the hawks [who were at that time] in the White House could not have imagined. Some of them can be enumerated as follows:

1. The U.S. created, in public opinion, an obscure enemy – terrorism – which became what American presidents blamed for all their mistakes, and also became the sole motivation for any dirty operation that American politicians and military figures desire to carry out in any country. [The] terrorism [label] was applied to Muslims, and specifically to Saudi Arabia. 2. Utilizing this incident [9/11], the U.S. launched a new age of global armament. Everyone wanted to acquire all kinds of weapons to defend themselves and at the same time battle the obscure enemy, terrorism – [even though] up to this very moment we do not know the essence of this terrorism of which the U.S. speaks, except [to say that] that it is Islamic… 3. The U.S. made the American people choose from two bad options: either live peacefully [but] remain exposed to the danger of death [by terrorism] at any moment, or starve in safety, because [the country’s budget will be spent on sending] the Marines even as far as Mars to defend you.” The Saudi press has been in a frenzy since the unanimous Senate vote to allow for the House of Saud to be held liable in U.S. federal court for the 9/11 attacks, with the U.S. being accused of being in alliance with Iran – to press warnings that passage of the “Satanic” bill would “open the gates of hell,” as reported by Breitbart.

Intelligence officials disclosed classified information to members of the press on at least three occasions in 2013, according to a National Security Agency report to Congress that was released last week under the Freedom of Information Act. See Congressional Notification — Authorized Disclosures of Classified Information to Media Personnel, NSA memorandum to the staff director, House Permanent Select Committee on Intelligence, December 13, 2013. The specific information that NSA gave to the unnamed reporters was not declassified. But the disclosures were not “leaks,” or unauthorized disclosures. They were, instead, authorized disclosures. For their part, the reporters agreed not to disseminate the information further. “Noteworthy among the classified topics disclosed were NSA’s use of metadata to locate terrorists, the techniques we use and the processes we follow to assist in locating hostages, [several words deleted] overseas support to the warfighter and U.S. allies in war zones, and NSA support to overall USG efforts to mitigate cyber threats. The [deleted] personnel executed non-disclosure agreements that covered all classified discussions.” In one case, “classified information was disclosed in order to correct inaccurate understandings held by the reporter about the nature and circumstances of [deleted].” On another occasion, “classified information was disclosed in an effort to limit or avoid reporting that could lead to the loss of the capability [deleted].”

In all three cases, “the decision to disclose classified information was made in consultation with the Director of National Intelligence pursuant to Executive Order 13526, and in each case the information disclosed remains properly classified.” This seems like a generous interpretation of the Executive Order, which does not mention disclosures to the press at all. It does say, in section 4.2(b) that “In an emergency, when necessary to respond to an imminent threat to life or in defense of the homeland, the agency head or any designee may authorize the disclosure of classified information […] to an individual or individuals who are otherwise not eligible for access.” In an emergency, then, but not just “to correct inaccurate understandings.” Still, the report accurately reflects the true instrumental nature of the classification system. That is, the protection of classified information under all circumstances is not a paramount goal. National security secrecy is a tool to be used if it advances the national interest (and is consistent with law and policy) and to be set aside when it does not. So hypocrisy in the handling of classified information is not an issue here. The concern, rather, is that the power of selective disclosure of classified material can be easily abused to manage and to manipulate public perceptions. The congressional requirement to report on authorized disclosures of classified information to the press may help to mitigate that danger.

The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.

Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."

U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.

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.

Google inquiries Commission accuses Google of systematically favouring own shopping comparison service Infographic: Google might be favouring 'Google Shopping' when displaying general search results

Antitrust: Commission sends Statement of Objections to Google on comparison shopping service; opens separate formal investigation on AndroidWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission opens formal investigation against Google in relation to Android mobile operating systemWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission sends Statement of Objections to Google on comparison shopping serviceWed, 15 Apr 2015 10:00:00 GMTStatement by Commissioner Vestager on antitrust decisions concerning GoogleWed, 15 Apr 2015 11:39:00 GMT

The United States on Monday charged five Chinese military officers and accused them of hacking into American nuclear, metal and solar companies to steal trade secrets, ratcheting up tensions between the two world powers over cyber espionage. China immediately denied the charges, saying in a strongly worded Foreign Ministry statement the U.S. grand jury indictment was "made up" and would damage trust between the two nations.Officials in Washington have argued for years that cyber espionage is a top national security concern. The indictment was the first criminal hacking charge that the United States has filed against specific foreign officials, and follows a steady increase in public criticism and private confrontation, including at a summit last year between U.S. President Barack Obama and Chinese President Xi Jinping.

Federal prosecutors said the suspects targeted companies including Alcoa Inc, Allegheny Technologies Inc, United States Steel Corp, Toshiba Corp unit Westinghouse Electric Co, the U.S. subsidiaries of SolarWorld AG, and a steel workers' union.

According to the indictment, Chinese state-owned companies "hired" Unit 61398 of the People's Liberation Army "to provide information technology services" including assembling a database of corporate intelligence. The Chinese companies were not named.The Shanghai-based Unit 61398 was identified last year by cybersecurity firm Mandiant as the source of a large number of espionage operations. All five defendants worked with 61398, according to the indictment.

of Press Relations » Daily Press Briefings » 2016 » October » Daily Press Briefing - October 6, 2016John Kirby SpokespersonDaily Press Briefing Washington, DC October 6, 2016

MR KIRBY: Well, again, I think – and I think Mark walked you through this – there were three principal topics that they discussed. One was Syria; one was Ukraine; and the other, of course, was DPRK and our work inside the UN to pursue additional sanctions on the regime. The discussion on Syria focused on two things principally. One was the situation in Aleppo and the Secretary’s obvious and deep concern about the continued siege there and also about the potential to continue multilateral efforts to discuss the way ahead. And that’s – and that’s basically it. We certainly, when we said we were suspending U.S.-Russia bilateral engagement on the cessation of hostilities and the work to that end in Syria, there was never any expectation that the two foreign ministers wouldn’t speak about Syria again. And certainly, if we’re going to continue multilateral efforts, which we fully intend to do, whether it’s with the ISSG or other partners or through the UN, there’s no way you can do that without including Russia in that discussion. QUESTION: So and just – so are you trying to set up a meeting, for example? I mean, you’re talking about bilateral discussions. Are you trying to set up a meeting with other countries including Russia on this? MR KIRBY: I don’t have anything on the schedule to speak to today, but I certainly wouldn’t rule out the fact that there will be attempts and efforts through multi – through a multilateral fora to meet again and to try to work through this. I certainly wouldn’t rule that out. QUESTION: And just one other one. Given the failure of the previous efforts and given the main thing that you guys argued was that the carrot or the leverage you had was Russia’s eagerness for intelligence-sharing cooperation, et cetera, the JIC, what makes you think they’re going to be any more likely to work to halt or reduce the violence in a multilateral context absent those incentives than they were when they had the incentives on the table? MR KIRBY: We don’t know. We don’t know. That’s a call for them to make if they’re interested or willing in participating in a multilateral discussion or not. But speaking for Secretary Kerry, I can tell you that he fully intends to use multilateral efforts available to him, whether it’s the ISSG or the UN or something separate and distinct. Tom Shannon was in Berlin at the invitation of the German Government just yesterday to – a smaller but still multilateral discussion about Syria. The Secretary has every intent to continue to use those vehicles as best he can. But we don’t know whether Russia will come to those sessions. We don’t know whether they will do so --

QUESTION: Yeah, okay. And is there anything that you are doing to try to stop Aleppo from falling to the government, the Russian-backed government offensive, or have you kind of written it off? MR KIRBY: Nobody is writing off Aleppo. I think everybody’s deeply troubled and concerned about what appears to be a very continued, concerted, and if – and increased effort by the regime to conduct a siege and to take Aleppo. But -- QUESTION: Yeah. Are you doing anything to stop it? MR KIRBY: Well, we obviously are continuing – another reason why, as I said, they – Foreign Minister Lavrov and the Secretary spoke yesterday was the Secretary was expressing our concerns about what’s going on in Aleppo. We’re not turning a blind eye to that. And we still want – the short answer to your question is we’re still interested in pursuing a cessation of hostilities that can endure nationwide, and certainly in Aleppo. It’s just that now we’re going to have to pursue that goal through a multilateral effort and not any longer solely through a bilateral effort with Russia.

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

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

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