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Amid reports that Moscow is considering handing over NSA whistleblower Edward Snowden as a “gift” to U.S. President Donald Trump, a Russian government spokesperson said Monday that the Kremlin and the White House have not discussed the matter, Russia’s state TASS agency reported. “No, this issue (Snowden’s fate) was not raised,” presidential spokesperson Dmitry Peskov told reporters Monday, adding that Russian officials have not taken a position on whether Snowden should be extradited to the U.S. or granted Russian citizenship. “The issue was not raised (during the Russian-US contacts),” Peskov said. “At the moment it is not among bilateral issues.” The statement comes after Snowden — who has lived in Russia since 2013, first with one-year temporary asylum then a residence permit — revealed in recent days that he is “not afraid” of being handed over to the United States, where he faces espionage charges for his explosive 2013 leak of documents on secret U.S. mass surveillance programs.

However, Snowden also said in an interview with Yahoo News that talk of a possible trade between Moscow and Washington makes him feel “encouraged” because it vindicates him in the face of accusations that he has been a spy for Russia by laying bare the fact that he has always been independent and “worked on behalf of the United States.” “Finally: irrefutable evidence that I never cooperated with Russian intel,” he tweeted on Friday. “No country trades away spies, as the rest would fear they’re next.” In the U.S., Snowden faces charges of theft of government property and violation of the Espionage Act on two counts, which each carry a maximum sentence of 10 years.

“What I am proud of,” Snowden told Yahoo News, “is the fact that every decision that I have made I can defend.” Snowden is set to be eligible to apply for Russian citizenship next year, according to his lawyer. Last month, Moscow extended his residence permit, which is now valid until 2020.

The FBI has seized the entire email database of a popular anonymous webmail service called TorMail meaning that all those secret mails now can be read by the US government. The database was taken while investigating a hosting company known for sheltering child porn last year and now the FBI claims that it has uncovered a vast trove of email which can be used in unrelated investigations. Taken from Freedom Hosting, the database surfaced in court papers last week when prosecutors indicted a Florida man for allegedly selling counterfeit credit cards online. The untouchables built a case in part by executing a search warrant on a Gmail account used by the counterfeiters, where they found that orders for forged cards were being sent to a TorMail e-mail account: "platplus@tormail.net." They then obtained a search warrant for the TorMail account, and then accessed it from the bureau's own copy of "data and information from the TorMail email server, including the content of TorMail email accounts." In othe rwords, the FBI is gathering information into a virtual lock box, and leaving it there until it can obtain specific authority to tap it later. So far it is not searching the trove for incriminating evidence before getting a warrant. But now it has a copy of the TorMail's servers, the bureau can execute endless search warrants.

In an angry exchange with Barack Obama, Angela Merkel has compared the snooping practices of the US with those of the Stasi, the ubiquitous and all-powerful secret police of the communist dictatorship in East Germany, where she grew up.The German chancellor also told the US president that America's National Security Agency cannot be trusted because of the volume of material it had allowed to leak to the whistleblower Edward Snowden, according to the New York Times.Livid after learning from Der Spiegel magazine that the Americans were listening in to her personal mobile phone, Merkel confronted Obama with the accusation: "This is like the Stasi."The newspaper also reported that Merkel was particularly angry that, based on the disclosures, "the NSA clearly couldn't be trusted with private information, because they let Snowden clean them out."

Snowden is to testify on the NSA scandal to a European parliament inquiry next month, to the anger of Washington which is pressuring the EU to stop the testimony.

A draft report by a European parliament inquiry into the affair, being presented on Wednesday and obtained by the Guardian, says there has to be a discussion about the legality of the NSA's operations and also of the activities of European intelligence agencies.The report drafted by Claude Moraes, the British Labour MEP heading the inquiry, says "we have received substantial evidence that the operations by intelligence services in the US, UK, France and Germany are in breach of international law and European law".

Here’s what Feinstein described Tuesday morning: At some time after the committee staff identified and reviewed the Internal Panetta Review documents, access to the vast majority of them was removed by the CIA. We believe this happened in 2010 but we have no way of knowing the specifics. Nor do we know why the documents were removed. The staff was focused on reviewing the tens of thousands of new documents that continued to arrive on a regular basis. […] Shortly [after Udall’s comments], on January 15, 2014, CIA Director Brennan requested an emergency meeting to inform me and Vice Chairman Chambliss that without prior notification or approval, CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications. According to Brennan, the computer search was conducted in response to indications that some members of the committee staff might already have had access to the Internal Panetta Review. The CIA did not ask the committee or its staff if the committee had access to the Internal Review, or how we obtained it. Instead, the CIA just went and searched the committee’s computers.

If what Feinstein alleges is true, it essentially amounts to a constitutional crisis. And she said as much during her speech, describing “a defining moment for the oversight of our intelligence community.” “I have grave concerns that the CIA’s search may well have violated the separation of powers principles embodied in the United States Constitution, including the Speech and Debate clause. It may have undermined the constitutional framework essential to effective congressional oversight of intelligence activities or any other government function,” Feinstein said. “Besides the constitutional implications, the CIA’s search may also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.”

There’s also the issue of intimidation. The media reports that have been bubbling up recently around this issue have suggested that Senate investigators illegally obtained the Panetta review—some even raised the specter of hacking by the Senate investigators. The CIA went so far as to file a crime report with the Department of Justice, accusing Senate staffers of illegally obtaining the Panetta review. Tuesday morning, Feinstein strenuously denied the review was illegally obtained, and asserted it was included in the 6.2 million files turned over by the CIA and describing at length why Senate lawyers felt it was a lawful document for the committee to possess. And, in a remarkable statement, Feinstein accused the CIA of intimidation by filing the crime report. “[T]here is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime. I view the acting general counsel’s referral [to DoJ] as a potential effort to intimidate this staff—and I am not taking it lightly.” Feinstein went on to note one fairly amazing fact. The (acting) general counsel she referred to, who filed the complaint with DoJ, was a lawyer in the CIA’s counterterrorism center beginning in 2004. That means he was directly involved in legal justifications for the torture program. “And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff,” she noted gravely. “The same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.”

The European Parliament on Thursday adopted a joint, cross-party resolution to begin investigations into widespread surveillance of Europeans by the U.S. National Security Agency (NSA). Read this EU to vote to suspend U.S. data sharing agreements, passenger records amid NSA spying scandal Read more In the vote, 483 voted for the resolution, 98 against, and 65 abstained on a vote that called on the U.S. to suspend and review any laws and surveillance programs that "violate the fundamental right of EU citizens to privacy and data protection," as well as Europe's "sovereignty and jurisdiction." The vote also gave backing to the suspension of data sharing deals between the two continents, should the European Commission take action against its U.S. ally.

The U.S. government faces continued criticism and pressure from its international allies following news that its intelligence agencies spied on foreign nationals under its so-called PRISM program. The U.K. government was also embroiled in the NSA spying saga, after its signals intelligence intercepting station GCHQ tapped submarine fiber optic cables under its own secret program, code named Tempora. Reuters reported on Wednesday that the Commission is examining whether the U.K. broke EU law, which could lead to fines imposed by the highest court in Europe.

Should the Commission decide it necessary to suspend the data sharing agreement of passenger details — including personal and sensitive individual data — it could ultimately lead to the grounding of flights between the EU and the U.S. Dutch MEP Sophie in 't Veld said in a statement after the vote: "We must consider now if the PNR and SWIFT agreements are still tenable in the circumstances." Critics say PNR data has never helped catch a suspected criminal or terrorist before. SWIFT data sharing, which provides U.S. authorities with secure banking details in a bid to crack down on terrorist financing, could also be suspended. A spokesperson for the D66 delegation in Brussels confirmed by email that the English version of the joint motion is "the right one and is leading," despite claims that there were "translation error[s]" between the different versions of the joint resolution.

On Monday, Reuters reported on previously undisclosed documents showing that a secret Drug Enforcement Administration (DEA) unit uses information collected by intelligence agencies—including the National Security Agency (NSA)—to build evidence for criminal cases. The true origin of this information is usually concealed from defense lawyers—and sometimes even prosecutors and judges—to seemingly do an end-run around the normal court procedures for a criminal defendant’s right to discovery.

“There’s nothing that allows lying to judges about the source of information in a criminal case,” Jennifer Granick, an attorney and the director of Civil Liberties at Stanford University’s Center for Internet and Society, told Ars. Similarly, others have already started to speak out against the practice. The American Civil Liberties Union (ACLU) issued a statement. "When law enforcement agents and prosecutors conceal the role of intelligence surveillance in criminal investigations, they violate the constitutional rights of the accused and insulate controversial intelligence programs from judicial review," wrote ACLU Deputy Legal Director Jameel Jaffer. "Effectively, these intelligence programs are placed beyond the reach of the Constitution, where they develop and expand without any court ever weighing in on their lawfulness. This is inappropriate, dangerous, and contrary to the rule of law."

Nov 15 2013 (IPS) - Russian Foreign Minister Sergey Lavrov revealed a crucial detail Thursday about last week’s nuclear talks with Iran in Geneva that explains much more clearly than previous reports why the meeting broke up without agreement. Lavrov said the United States circulated a draft that had been amended in response to French demands to other members of the six-power P5+1 for approval “literally at the last moment, when we were about to leave Geneva.” Lavrov’s revelation, which has thus far been ignored by major news outlets, came in a news conference in Cairo Thursday that was largely devoted to Egypt and Syria. Lavrov provided the first real details about the circumstances under which Iran left Geneva without agreeing to the draft presented by the P5+1.

The full quote from Lavrov’s press conference is available thanks to the report from Voice of Russia correspondent Ksenya Melnikova. Lavrov noted that unlike previous meetings involving the P5+1 and Iran, “This time, the P5+1 group did not formulate any joint document.” Instead, he said, “There was an American-proposed draft, which eventually received Iran’s consent.” Lavrov thus confirmed the fact that the United States and Iran had reached informal agreement on a negotiating text. He further confirmed that Russia had been consulted, along with the four other powers in the negotiations with Iran (China, France, Germany and the UK), about that draft earlier in the talks –- apparently Thursday night, from other published information. “We vigorously supported this draft,” Lavrov said. “If this document had been supported by all [members of the P5+1], it would have already been adopted. We would probably already be in the initial stages of implementing the agreements that were offered by it.”

Then Lavrov revealed for the first time that the U.S. delegation had made changes in the negotiating text that had already been worked out with Iran at the insistence of France without having consulted Russia. “But amendments to [the negotiating draft] suddenly surfaced,” Lavrov said. “We did not see them. And the amended version was circulated literally at the last moment, when we were about to leave Geneva.” Lavrov implies that the Russian delegation, forced to make a quick up or down decision on the amended draft, did not realise the degree to which it was likely to cause the talks to fail. “At first sight, the Russian delegation did not notice any significant problems in the proposed amendments,” Lavrov said. He made it clear, however, that he now considers the U.S. maneuvre in getting the six powers on board a draft that had been amended with tougher language – even if softened by U.S. drafters — without any prior consultation with Iran to have been a diplomatic blunder.

The Supreme Court announced Monday morning that it would not be considering at this time a complaint filed months earlier that challenged the legality of the National Security Agency’s dragnet telephone surveillance program. The high court issued a notice early Monday without comment acknowledging that it would not be weighing in on a matter introduced this past June by a privacy watchdog group after NSA leaker Edward Snowden revealed evidence showing that the United States intelligence agency was collecting metadata pertaining to the phone calls of millions of American customers of the telecommunications company Verizon on a regular basis. That disclosure — the first of many NSA documents leaked by Mr. Snowden — prompted the Washington, DC-based Electronic Privacy Information Center, or EPIC, to ask the Supreme Court to consider taking action that would end the collection of phone records on a major scale.

When EPIC filed their petition in June, they wrote, “We believe that the NSA’s collection of domestic communications contravenes the First and Fourth Amendments to the United States Constitution, and violates several federal privacy laws, including the Privacy Act of 1974 and the Foreign Intelligence Surveillance Act of 1978 as amended.” “We ask the NSA to immediately suspend collection of solely domestic communications pending the competition of a public rulemaking as required by law. We intend to renew our request each week until we receive your response,” EPIC said. Five months later, though, the Supreme Court said this week that it would not be hearing EPIC’s plea. A document began circulating early Monday in which the high court listed the petition filed by the privacy advocates as denied. With other cases still pending, however, alternative routes may eventually lead to reform of the NSA’s habits on some level. Lower courts are still in the midst of deciding what action they will take with regards to similar lawsuits filed by other groups in response to the Snowden leaks and the revelations they made possible. The American Civil Liberties Union, the Electronic Frontier Foundation and conservative legal activist Larry Klayman have filed separate civil lawsuits in various US District Courts challenging the NSA’s program, all of which are still pending.

Cindy Cohn, the legal director of the EFF, told the Washington Post only weeks after the first Snowden leak appeared that the disclosures had been a “tremendous boon” to other matters being litigated, and pointed to no fewer than five previously-filed complaints challenging various government-led surveillance programs. "Now that this secret surveillance program has been disclosed, and now that Congressional leaders and legal scholars agree it is unlawful, we have a chance for the Supreme Court to weigh in,” EPIC lead counsel Alan Butler told The Verge on Monday.

(CHICAGO) (WLS) -- Lawyers for a west suburban teenager charged with a downtown bomb plot say he was caught in a "fake war on terror" contrived by U.S. spy agencies. Each week it seems as though there is a new salvo of accusations by the legal team defending Hillside 19-year-old Adel Daoud. On Tuesday, a court filing by Daoud's attorneys characterizes U.S. spy agencies as outlaw arms of the government that snagged the west suburban teenager in a dummied-up bomb plot. The nation's intelligence gathering agencies, they believe, are operating in what amounts to a fourth, runaway, branch of government. Daoud was arrested a little more than a year ago, according to authorities planning to detonate a car bomb at this downtown intersection that would take out a popular nearby bar--if it was real. But the so-called plot was a sting operation and the bomb operatives worked for the FBI.

"Look, he's a young kid," said Daoud attorney Thomas Durkin. "He just graduated from high school." Durkin, from the beginning, has cried foul about the government investigation and tactics. In the sharply-critical Daoud surveillance motion filed Tuesday, Durkin states that the government has concocted a "fake choice between national security and civil rights, not unlike the fake war being conducted in our name against terror." Durkin, a former assistant U.S. Attorney in Chicago, states that: "The usually reliable representations of the U.S. Attorney's office can no longer be trusted. . .because the intelligence agencies. . . simply do not inform the local prosecutors of all material information." "The spy agencies," Durkin writes, "are as fearful of the prosecutors as they are defense counsel". . .and "just as easily compromised."

During the investigation, FBI agents secretly recorded phone conversations at the suspect's home, and elsewhere, and they monitored internet communications. Prosecutors have argued that evidence must be held in secret, from both the public and the defendant-- and so far, the courts have agreed. Lawyers for the 19-year old man from west suburban Chicago are challenging the initial legal grounds permitting authorities to monitor his communications. They contend Daoud may have been targeted by intelligence agencies for viewpoints expressed on the internet. The accused teenage jihadist remains in federal custody without bail, where he has been for 14 months. Authorities have said that Daoud made statements he intended to kill 100 people and injure 300. As his attorney continues a vigorous challenge of government tools and tactics, prosecutors declined to comment to the I-Team.

Update 2: Glenn Greenwald Goes on Record: “I Don’t Doubt PayPal Cooperates with NSA!”

The 50,000-pages of documents obtained by NSA whistleblower Edward Snowden contain extensive documentation of PayPal Corporation’s partnership and cooperation with the National Security Agency (NSA), according to three NSA veterans. To date, no information has been released as to the extent of the working relationship and cooperation between the two entities- NSA and PayPal Corporation. What’s more, the billionaire owner of PayPal Corporation has entered into a $250 Million business partnership with two journalists-Glenn Greenwald and Laura Poitras, a journalist duo who possess the entire cache of evidence provided by Edward Snowden. Despite earlier pledges by the journalists in question, only one percent (1%) of Snowden’s documents has been released. BFP was recently contacted by a retired NSA official who claims that the documents obtained by NSA whistleblower Edward Snowden contain extensive documentation pertaining to NSA’s partnership with major U.S. financial institutions, including credit card companies and PayPal Corporation. The official, who requested anonymity, also alleges that a deal was made in early June, 2013 between the journalists involved in this recent NSA scandal and U.S. government officials, which was then sealed by secrecy and nondisclosure agreements by all parties involved. Upon receiving this report BFP contacted three other high-level former NSA officials for additional information and comments.

Six months ago, I stepped out from the shadows of the United States Government's National Security Agency to stand in front of a journalist's camera. I shared with the world evidence proving some governments are building a world-wide surveillance system to secretly track how we live, who we talk to, and what we say. I went in front of that camera with open eyes, knowing that the decision would cost me family and my home, and would risk my life. I was motivated by a belief that the citizens of the world deserve to understand the system in which they live. My greatest fear was that no one would listen to my warning. Never have I been so glad to have been so wrong.

There is a huge difference between legal programs, legitimate spying, legitimate law enforcement - where individuals are targeted based on a reasonable, individualized suspicion - and these programs of dragnet mass surveillance that put entire populations under an all-seeing eye and save copies forever. These programs were never about terrorism: they're about economic spying, social control, and diplomatic manipulation. They're about power.

Many Brazilian senators agree, and have asked for my assistance with their investigations of suspected crimes against Brazilian citizens. I have expressed my willingness to assist wherever appropriate and lawful, but unfortunately the United States government has worked very hard to limit my ability to do so -- going so far as to force down the Presidential Plane of Evo Morales to prevent me from traveling to Latin America! Until a country grants permanent political asylum, the US government will continue to interfere with my ability to speak. Six months ago, I revealed that the NSA wanted to listen to the whole world. Now, the whole world is listening back, and speaking out, too. And the NSA doesn't like what it's hearing. The culture of indiscriminate worldwide surveillance, exposed to public debates and real investigations on every continent, is collapsing.

The editor of the New York Times, Jill Abramson, has confirmed that senior British officials attempted to persuade her to hand over secret documents leaked by the former National Security Agency contractor Edward Snowden.Giving the newspaper's first official comments on the incident, Abramson said that she was approached by the UK embassy in Washington after it was announced that the New York Times was collaborating with the Guardian to explore some of the files disclosed by Snowden. Among the files are several relating to the activities of GCHQ, the agency responsible for signals interception in the UK."They were hopeful that we would relinquish any material that we might be reporting on, relating to Edward Snowden. Needless to say I considered what they told me, and said no," Abramson told the Guardian in an interview to mark the International Herald Tribune's relaunch as the International New York Times.The incident shows the lengths to which the UK government has gone to try to discourage press coverage of the Snowden leaks. In July, the government threatened to take legal action against the Guardian that could have prevented publication, culminating in the destruction of computer hard drives containing some of Snowden's files.

Abramson said the spectacle of angle grinders and drills being used to destroy evidence in a newspaper basement was hard to conceive in the US, where the First Amendment offers free speech guarantees. "I can't imagine that. The only equivalent I can think of is years ago when the New York Times was enjoined by a lower court from publishing the Pentagon papers, but the supreme court came in and overruled that decision. Prior restraint is pretty much unthinkable to me in this country."Abramson has been executive editor of the New York Times, America's largest and most influential newspaper, since 2011. She said that the conversation with the UK's Washington embassy was the extent so far of British attempts to influence the paper's editorial decisions in relation to Snowden.

The US has spied on the staff of prominent human rights organisations, Edward Snowden has told the Council of Europe in Strasbourg, Europe's top human rights body.Giving evidence via a videolink from Moscow, Snowden said the National Security Agency – for which he worked as a contractor – had deliberately snooped on bodies like Amnesty International and Human Rights Watch.He told council members: "The NSA has specifically targeted either leaders or staff members in a number of civil and non-governmental organisations … including domestically within the borders of the United States." Snowden did not reveal which groups the NSA had bugged.The assembly asked Snowden if the US spied on the "highly sensitive and confidential communications" of major rights bodies such as Amnesty and Human Rights Watch, as well as on similar smaller regional and national groups. He replied: "The answer is, without question, yes. Absolutely."

Snowden, meanwhile, dismissed NSA claims that he had swiped as many as 1.7m documents from the agency's servers in an interview with Vanity Fair. He described the number released by investigators as "simply a scare number based on an intentionally crude metric: everything that I ever digitally interacted with in my career."He added: "Look at the language officials use in sworn testimony about these records: 'could have,' 'may have,' 'potentially.' They're prevaricating. Every single one of those officials knows I don't have 1.7m files, but what are they going to say? What senior official is going to go in front of Congress and say, 'We have no idea what he has, because the NSA's auditing of systems holding hundreds of millions of Americans' data is so negligent that any high-school dropout can walk out the door with it'?"In live testimony to the Council of Europe, Snowden also gave a forensic account of how the NSA's powerful surveillance programs violate the EU's privacy laws. He said programs such as XKeyscore, revealed by the Guardian last July, use sophisticated data mining techniques to screen "trillions" of private communications."This technology represents the most significant new threat to civil liberties in modern times," he declared.

XKeyscore allows analysts to search with no prior authorisation through vast databases containing emails, online chats, and the browsing histories of millions of individuals.Snowden said on Tuesday that he and other analysts were able to use the tool to select an individual's metadata and content "without judicial approval or prior review".In practical terms, this meant the agency tracked citizens not involved in any nefarious activities, he stressed. The NSA operated a "de facto policy of guilt by association", he added.Snowden said the agency, for example, monitored the travel patterns of innocent EU and other citizens not involved in terrorism or any wrongdoing.The 30-year-old whistleblower – who began his intelligence career working for the CIA in Geneva – said the NSA also routinely monitored the communications of Swiss nationals "across specific routes".

The just-retired long-time NSA chief, Gen. Keith Alexander, recently traveled to Australia to give a remarkably long and wide-ranging interview with an extremely sycophantic “interviewer” with The Australian Financial Review. The resulting 17,000-word transcript and accompanying article form a model of uncritical stenography journalism, but Alexander clearly chose to do this because he is angry, resentful, and feeling unfairly treated, and the result is a pile of quotes that are worth examining, only a few of which are noted below:

How Edward Snowden managed to steal an alleged 1.7 million documents from the NSA. Sunday: http://t.co/gbrIu5yMcc — 60 Minutes (@60Minutes) December 13, 2013 Mike McConnell, the vice chairman of Booz Allen and former Director of National Intelligence in the Bush administration, then claimed that ”Snowden absconded with 1.7 million to 1.8 million documents.” Ever since then, that Snowden “stole” 1.7 or 1.8 million documents from the NSA has been repeated over and over again by US media outlets as verified fact. The Washington Post‘s Walter Pincus, citing an anonymous official source, purported to tell readers that “among the roughly 1.7 million documents he walked away with — the vast majority of which have not been made public — are highly sensitive, specific intelligence reports”. Reuters frequently includes in its reports the unchallenged assertion that “Snowden was believed to have taken 1.7 million computerized documents.” Just this week, the global news agency told its readers that “Snowden was believed to have taken 1.7 million computerized documents.”

AFR: Can you now quantify the number of documents [Snowden] stole? Gen. Alexander: Well, I don’t think anybody really knows what he actually took with him, because the way he did it, we don’t have an accurate way of counting. What we do have an accurate way of counting is what he touched, what he may have downloaded, and that was more than a million documents. It’s hard to recall a better and clearer example of how mindless and uncritical the American media is when it comes to the unproven pronouncements of the U.S. Government. Back in December, 60 Minutes broadcast a now-notorious segment of pure access journalism in which they gullibly disseminated one false NSA claim after the next in exchange for being given exclusive(!) access to a few Secret and Exciting Rooms inside the agency’s headquarters. The program claimed that Snowden “is believed to still have access to 1.5 million classified documents he has not leaked”. On its Twitter account, 60 Minutes made this claim to promote its show:

In 2012, former Navy linguist James F. Hitselberger was indicted on two felony counts under the Espionage Act statutes after several classified documents were found in his possession. In 2013, a superseding indictment charged him with another four felony counts. But in the end, Mr. Hitselberger pleaded guilty this year to a single misdemeanor charge of removing classified documents without authorization. Now both the defense and the prosecution are endorsing Hitselberger’s request that any jail penalty be limited to the time he has already served, including two months in DC jail and eight months of home confinement. The sentencing hearing is scheduled for July 17. Despite the stark disparity between the multiple felony counts with which Hitselberger was charged, and the single misdemeanor of which he was convicted, the prosecution said that it had no second thoughts about the way the matter was handled.

“It is important to note that the government’s case against Mr. Hitselberger did not collapse,” prosecutors said in a June 27 sentencing memorandum. To the contrary, prosecutors wrote, “in several ways, the government’s case became stronger than what it had been when the charges were first obtained.” Defense attorneys disputed that assertion and said the government had overreached. “At a minimum, the evidence demonstrates that the government significantly overcharged the case, and the guilty plea to a misdemeanor not only was the appropriate result, but also demonstrates how the offense should have been charged from the beginning,” the defense wrote in a June 27 reply. The mountain of Espionage Act charges that yielded a molehill of a misdemeanor in this case recalls a similar progression in the prosecution of former NSA official Thomas Drake, where ten felony counts gave way to a technical misdemeanor. This recurring pattern may indicate that overcharging is a standard prosecutorial approach to such cases, or that the judicial process is effectively winnowing out excessive felony charges, or perhaps both.

A June 26 sentencing memorandum submitted by the defense presented its own account of the facts of the case, along with several moving testimonials from Hitselberger’s friends and relatives as to his character. In another pending Espionage Act case, the Obama Administration must decide if it will pursue a subpoena against New York Times reporter James Risen. For a current update, see Reporter’s Case Poses Dilemma for Justice Dept. by Jonathan Mahler, New York Times, June 27.

Official Washington’s influential neocons appear back in the driver’s seat steering U.S. policy in the Middle East toward a wider conflict in Syria and away from a “realist” alternative that sought a Putin-Obama collaboration to resolve the region’s crises more peacefully, reports Robert Parry.

There’s also the other finicky little problem that the action of arming and training rebels and unleashing them against a sovereign state is an act of aggression (if not terrorism depending on what they do), similar to what U.S. officials have piously condemned the Russians of doing in Ukraine. But this hypocrisy is never acknowledged either by U.S. policymakers or the mainstream U.S. press, which has gone into Cold War hysterics over Moscow’s alleged support for embattled ethnic Russians in eastern Ukraine on Russia’s border — while demanding that Obama expand support for Syrian rebels halfway around the world, even though many of those “moderates” have allied themselves with al-Qaeda terrorists.

Though it’s been known for quite awhile that the Syrian civil war had degenerated into a sectarian conflict with mostly Sunni rebels battling the Alawites, Shiites, Christians and other minorities who form the base of support for Assad, the fiction has been maintained in Washington that a viable and secular “moderate opposition” to Assad still exists. The reality on the ground says otherwise. For instance, in Friday’s New York Times, an article by correspondent Ben Hubbard described the supposed Syrian “moderates” who are receiving CIA support as “a beleaguered lot, far from becoming a force that can take on the fanatical and seasoned fighters of the Islamic State.” But the situation is arguably worse than just the weakness of these “moderates.” According to Hubbard’s reporting, some of these U.S.-backed fighters “acknowledge that battlefield necessity had put them in the trenches with the Nusra Front, Al Qaeda’s Syrian affiliate, an issue of obvious concern for the United States. …

The Senate passed the USA Freedom Act today by 67-32, marking the first time in over thirty years that both houses of Congress have approved a bill placing real restrictions and oversight on the National Security Agency’s surveillance powers. The weakening amendments to the legislation proposed by NSA defender Senate Majority Mitch McConnell were defeated, and we have every reason to believe that President Obama will sign USA Freedom into law. Technology users everywhere should celebrate, knowing that the NSA will be a little more hampered in its surveillance overreach, and both the NSA and the FISA court will be more transparent and accountable than it was before the USA Freedom Act. It’s no secret that we wanted more. In the wake of the damning evidence of surveillance abuses disclosed by Edward Snowden, Congress had an opportunity to champion comprehensive surveillance reform and undertake a thorough investigation, like it did with the Church Committee. Congress could have tried to completely end mass surveillance and taken numerous other steps to rein in the NSA and FBI. This bill was the result of compromise and strong leadership by Sens. Patrick Leahy and Mike Lee and Reps. Robert Goodlatte, Jim Sensenbrenner, and John Conyers. It’s not the bill EFF would have written, and in light of the Second Circuit's thoughtful opinion, we withdrew our support from the bill in an effort to spur Congress to strengthen some of its privacy protections and out of concern about language added to the bill at the behest of the intelligence community. Even so, we’re celebrating. We’re celebrating because, however small, this bill marks a day that some said could never happen—a day when the NSA saw its surveillance power reduced by Congress. And we’re hoping that this could be a turning point in the fight to rein in the NSA.

Barack Obama’s determined, if unbelievably secretive, bid to fast-track agreement on the Trans-Pacific Partnership (TPP) ‘not tomorrow, as they say, but yesterday’ is clearly driven by the bitter knowledge that America got well and truly pipped-at-the-post when China launched the Asian Infrastructure Investment Bank (AIIB). "Evidence of the relative power of the Chinese and American economies," wrote Pepe Escobar in Asia Times, "was the world’s reaction to China’s launch of the badly needed AIIB to provide development funds for Asia and beyond.   The level of funding necessary for such development has long been denied by the US-dominated World Bank and IMF."   More galling to the self-annointed ‘Indispensable Nation’ was that even its staunch allies, UK and Israel, unhesitatingly got on board AIIB – despite, as Escobar reveals, "the bullying of the US to stop them leaving the US and its cat’s paw in East Asia, Japan, out in the cold." More amazingly, added Escobar, the US actually thought it could write the rules of trade for China and East Asia!

Consider for instance, Obama’s speech on May 8, 2015 at a Nike factory in Oregon: "We have to make sure America writes the rules of the global economy and we should do it today while our economy is in a position of global strength. If we don’t write the rules for trade around the world, guess what, China will. And they’ll write those rules in a way that gives Chinese workers and Chinese businesses the upper hand." What is one to conclude from such an unabashed ‘confession’ except that the imperial mind-set is still very much alive and kicking in the 21st Century? The TPP or Trans-Pacific Partnership is being put together in absolute secrecy, so what little has become public knowledge is thanks to Wikileaks. What needs to be remembered is that the US already trades heavily with the other 11 nations included in the TPP talks. Economist and leading commentator Paul Krugman’s blunt assessment: "This not a trade agreement. It’s about intellectual property and dispute resolution; the big beneficiaries are likely to be pharma companies and firms that want to sue governments."

And that, precisely, happens to be the bone of contention between Obama and Democratic Senator Elizabeth Warren, who has been particularly critical of the so-called ‘Investor State Dispute Settlement’ provisions in the TPP which, she charged publicly, would empower corporations to use international courts to sue the US government and other state institutions of signatory governments that enact regulations and ‘protections’ which impact on the profits of corporations. The Obama administration, for its part, argues that the deal is instead about trade and increasing American exports abroad. It has set up a web page on the US Trade Representative’s (USTR) site listing the benefits of exports from each of America’s fifty states resulting from the TPP. But an obscure government document put out by that very same USTR office adequately makes Senator Warren’s case for her! That document happens to be the USTR’s annual report on "foreign trade barriers" around the world, going country by country to list complaints the US government has about their laws with respect to commerce.

Sun Tzu, the ancient author of The Art of War, must be throwing a rice wine party in his heavenly tomb in the wake of the shirtsleeves California love-in between President Obama and President Xi Jinping. "Know your enemy" was, it seems, the theme of the meeting. Beijing was very much aware of -- and had furiously protested -- Washington’s deep plunge into China’s computer networks over the past 15 years via a secretive NSA unit, the Office of Tailored Access Operations (with the apt acronym TAO). Yet Xi merrily allowed Obama to pontificate on hacking and cyber-theft as if China were alone on such a stage. Enter -- with perfect timing -- Edward Snowden, the spy who came in from Hawaii and who has been holed up in Hong Kong since May 20th. And cut to the wickedly straight-faced, no-commentary-needed take on Obama’s hacker army by Xinhua, the Chinese Communist Party’s official press service. With America’s dark-side-of-the-moon surveillance programs like Prism suddenly in the global spotlight, the Chinese, long blistered by Washington’s charges about hacking American corporate and military websites, were polite enough. They didn’t even bother to mention that Prism was just another node in the Pentagon’s Joint Vision 2020 dream of “full spectrum dominance.” By revealing the existence of Prism (and other related surveillance programs), Snowden handed Beijing a roast duck banquet of a motive for sticking with cyber-surveillance. Especially after Snowden, a few days later, doubled down by unveiling what Xi, of course, already knew -- that the National Security Agency had for years been relentlessly hacking both Hong Kong and mainland Chinese computer networks.

But the ultimate shark fin’s soup on China’s recent banquet card was an editorial in the Communist Party-controlled Global Times.  “Snowden,” it acknowledged, “is a ‘card’ that China never expected,” adding that “China is neither adept at nor used to playing it.” Its recommendation: use the recent leaks “as evidence to negotiate with the U.S.” It also offered a warning that “public opinion will turn against China’s central government and the Hong Kong SAR [Special Administrative Region] government if they choose to send [Snowden] back.” With a set of cyber-campaigns -- from cyber-enabled economic theft and espionage to the possibility of future state-sanctioned cyber-attacks -- evolving in the shadows, it’s hard to spin the sunny “new type of great power relationship” President Xi suggested for the U.S. and China at the recent summit. It’s the (State) Economy, Stupid The unfolding Snowden cyber-saga effectively drowned out the Obama administration’s interest in learning more about Xi’s immensely ambitious plans for reconfiguring the Chinese economy -- and how to capture a piece of that future economic pie for American business. Essential to those plans is an astonishing investment of $6.4 trillion by China’s leadership in a drive to “urbanize” the economy yet further by 2020.

For months, the U.S. State Department has stood behind its former boss Hillary Clinton as she has repeatedly said she did not send or receive classified information on her unsecured, private email account, a practice the government forbids.While the department is now stamping a few dozen of the publicly released emails as "Classified," it stresses this is not evidence of rule-breaking. Those stamps are new, it says, and do not mean the information was classified when Clinton, the Democratic frontrunner in the 2016 presidential election, first sent or received it.But the details included in those "Classified" stamps — which include a string of dates, letters and numbers describing the nature of the classification — appear to undermine this account, a Reuters examination of the emails and the relevant regulations has found.The new stamps indicate that some of Clinton's emails from her time as the nation's most senior diplomat are filled with a type of information the U.S. government and the department's own regulations automatically deems classified from the get-go — regardless of whether it is already marked that way or not.In the small fraction of emails made public so far, Reuters has found at least 30 email threads from 2009, representing scores of individual emails, that include what the State Department's own "Classified" stamps now identify as so-called 'foreign government information.' The U.S. government defines this as any information, written or spoken, provided in confidence to U.S. officials by their foreign counterparts.

This sort of information, which the department says Clinton both sent and received in her emails, is the only kind that must be "presumed" classified, in part to protect national security and the integrity of diplomatic interactions, according to U.S. regulations examined by Reuters."It's born classified," said J. William Leonard, a former director of the U.S. government's Information Security Oversight Office (ISOO). Leonard was director of ISOO, part of the White House's National Archives and Records Administration, from 2002 until 2008, and worked for both the Bill Clinton and George W. Bush administrations."If a foreign minister just told the secretary of state something in confidence, by U.S. rules that is classified at the moment it's in U.S. channels and U.S. possession," he said in a telephone interview, adding that for the State Department to say otherwise was "blowing smoke."

Although it appears to be true for Clinton to say none of her emails included classification markings, a point she and her staff have emphasized, the government's standard nondisclosure agreement warns people authorized to handle classified information that it may not be marked that way and that it may come in oral form.The State Department disputed Reuters' analysis but declined requests to explain how it was incorrect.