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Gary Edwards

Flimsy Treasury Auctions Signal the USA Is Heading For A Debt Crisis - 0 views

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    excerpts:  With a $3.83 trillion budget, a $12.3 trillion federal government debt, a $1.35 trillion 2010 budget deficit and $63 trillion in unfunded liabilities, the fiscal condition of the US has come into question and foreign interest in US Treasuries has declined.  In late March, it was reported that the 10-year US Treasury Note yield had risen 30 basis points and that foreign holders of 10-year Notes were selling in record numbers. It seems unlikely that direct bidders within the US can compensate indefinitely, or to an unlimited extent, for falling foreign demand.  Commenting on the ambitious spending plans of the US federal government, Zhu Min, Deputy Governor of the People's Bank of China said in December 2009 that "the world does not have so much money to buy more US Treasuries." It would certainly be unreasonable for the US federal government and Federal Reserve to assume that ambitious deficit spending and ongoing quantitative easing (QE) would have no cumulative impact on US Treasury auctions.  If there is a limit to foreign appetite for US debt, to foreign capacity to lend to the US, or to international tolerance for US dollar devaluation, the US government and Federal Reserve seem determined to find it. It seems unlikely that direct bidders within the US can compensate indefinitely, or to an unlimited extent, for falling foreign demand.  Commenting on the ambitious spending plans of the US federal government, Zhu Min, Deputy Governor of the People's Bank of China said in December 2009 that "the world does not have so much money to buy more US Treasuries." It would certainly be unreasonable for the US federal government and Federal Reserve to assume that ambitious deficit spending and ongoing quantitative easing (QE) would have no cumulative impact on US Treasury auctions.  If there is a limit to foreign appetite for US debt, to foreign capacity to lend to the US, or to international tolerance for US dollar devaluation, the US government and Feder
Paul Merrell

Whether to Go to War Against Russia Is Top Issue in U.S. Presidential Race | Global Research - Centre for Research on Globalization - 0 views

  • The United States government has already declared that in regards to what it alleges to be a Russian cyberattack against the U.S. Democratic Party, the U.S. reserves the right to go to war against Russia. NATO has accordingly changed its policy so as to assert that a cyberattack (in this case actually cyber-espionage, such as the U.S. government itself perpetrates against even its own allies such as Angela Merkel by tapping her phone) constitutes an act of war by the alleged cyberattacker, and so requires all NATO member nations to join any cyberattacked NATO nation in war against its alleged (cyber)attacker, if the cyberattacked member declares war against its alleged cyberattacker. Excuses are being sought for a war against Russia; and expanding the definition of “invasion,” to include mere espionage, is one such excuse. But it’s not the only one that the Obama Administration has cooked up. U.S. Senator Mike Lee has asserted that President Barack Obama must obtain a declaration of war against Syria — which is allied with and defended by Russia — before invading Syria. Syria has, for the past few years, already been invaded by tens of thousands of foreign jihadists (financed mainly by the royal Sauds and Qataris, and armed mainly with U.S. weaponry) who are trying to overthrow and replace the Syrian government so that pipelines can be built through Syria into Europe to transport Saudi oil and Qatari gas into the EU, the world’s biggest energy-market, which now is dominated by Russia’s oil and gas. Since Syria is already being defended by Russia (those royals’ major competitor in the oil and gas markets), America’s invasion of Syria would necessarily place U.S. and Russia into an air-war against each other (for the benefit of those royal Arabs — who finance jihadist groups, as even Hillary Clinton acknowledges): Syria would thus become a battleground in a broader war against Russia. So: declaring war against Syria would be a second excuse for World War III, and one which would especially serve the desires not only of U.S. ‘defense’ firms but of the U.S. aristocracy’s royal Arabic allies, who buy much of those ‘defense’ firms’ exports (weaponry), and also U.S. oilfield services firms such as pipelines by Halliburton. (It’s good business for them, no one else. Taxpayers and war-victims pay, but those corporations — and royal families — would profit.)
  • The U.S. government also declares that Russia ‘conquered’ Crimea in 2014 and that Russia must restore it to Ukraine. The U.S. government wants Ukraine to be accepted into NATO, so that all NATO nations will be at war against Russia if Russia doesn’t return Crimea to Ukraine, of which Crimea had only briefly (1954-2014) been a part, until Crimeans voted on 16 March 2014 to rejoin Russia. This Crimean issue is already the basis for America’s economic sanctions against Russia, and thus Russia’s continuing refusal to coerce Crimeans to accept again being part of Ukraine would be yet a third excuse for WW III.
  • Hillary Clinton says “As President, I will make it clear, that the United States will treat cyber attacks just like any other attack.” She alleges that when information was unauthorizedly made public from Democratic National Committee computers, the cyberattacker was Russia. She can be counted as a strong proponent of that excuse for WW3. She’s with Barack Obama and the other neocons on that. She has furthermore said that the U.S. should shoot down any Russian and Syrian bombers in Syria — the phrase for that proposed U.S. policy is to “establish a no-fly zone” there. She makes clear: “I am advocating the no-fly zone.” It would be war against not only Syria, but Russia. (After all: a no-fly zone in which the U.S. is shooting down the government’s planes and Russia’s planes, would be war by the U.S. against both Syria and Russia, but that’s what she wants to do.) She can thus be counted as a strong proponent of those two excuses for WW3.
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  • On the matter of Crimea, she has said that “Putin invaded and annexed Crimea,” and “In the wake of Russia’s illegal annexation of Crimea in early 2014, some have argued that NATO expansion either caused or exacerbated Russia’s aggression. I disagree with that argument.” She believes that the expansion of NATO right up to Russia’s borders is good, not horrific and terrifying (as it is to Russians — just like USSR’s conquering of Mexico would have been terrifying to Americans if USSR did that during the Cold War). Furthermore, because Ukraine is the main transit-route for Russian gas-pipelines into Europe, the coup that in 2014 overthrew the neutralist democratically elected President of Ukraine and replaced him by leaders who seek NATO membership for Ukraine and who have the power to cut off those pipelines, was strongly supported by both Obama and Clinton. She can thus be counted as a strong proponent of all three excuses for WW3. U.S. President Obama has made unequivocally clear that he regards Russia as being by far the world’s most “aggressive” nation; and Clinton, too, commonly uses the term “aggression” as describing Russia (such as she did by her denial that “NATO expansion either caused or exacerbated Russia’s aggression”). To her, Russia’s opposing real aggression by the U.S. (in this case, America’s 2014 coup that overthrew the democratically elected Ukrainian President for whom 75% of Crimeans had voted), constitutes ‘Russia’s aggression’, somehow. Furthermore, as regards whether Crimea’s rejoining Russia was ‘illegal’ as she says: does she also deny the right of self-determination of peoples regarding the residents of Catalonia though the Spanish government accepts it there, and also by the residents of Scotland though the British government accepts it there? Or is she simply determined to have as many excuses to invade Russia as she can have? She has never condemned the independence movements in Scotland or Catalonia. The United States is clearly on a path toward war with Russia. Donald Trump opposes all aspects of that policy.
  • That’s the main difference between the two U.S. Presidential candidates. Trump makes ridiculous statements about the ‘need’ to increase ‘defense’ spending during this period of soaring federal debt, but he has consistently condemned the moves toward war against Russia and said that America’s real enemy is jihadists, and that Russia is on our side in this war — the real war — not an enemy of America such as Hillary Clinton and Barack Obama claim. Both candidates (Trump and Clinton) are war-hawks, but Hillary wants to go to war against both jihadists and Russia, whereas Trump wants to go to war only against jihadists. Trump’s charge that Hillary would be a catastrophic President is borne out not only by her past record in public office, but by her present positions on these issues.
  • Americans are being offered, by this nation’s aristocracy, a choice between a marginally competent and deeply evil psychopath Hillary Clinton, versus an incompetent but far less evil psychopath Donald Trump, and the nation’s press are reporting instead a choice between two candidates of whom one (the actually evil Clinton) is presented as being far preferable to the other (the actually incompetent Trump), and possibly as being someone who might improve this nation if not the world. Virtually none of America’s Establishment is willing to report the truth: that the nation’s rotting will get worse under either person as President, but that only under Trump might this nation (and the world) stand a reasonable likelihood of surviving at all (i.e., nuclear war with Russia being averted). Things won’t get better, but they definitely could get a hell of a lot worse — and this is the issue, the real one, in the present election: WW3, yes or no on that. Hillary Clinton argues that she, with her neoconservative backing (consisting of the same people who cheer-led the invasion of Russia-friendly Iraq, and who shared her joy in doing the same to Russia-friendly Libya — “We came, we saw, he died, ha ha!”), is the better person to have her finger on the nuclear button with Russia. This U.S. Presidential election will be decided upon the WW3-issue, unless the American electorate are incredibly stupid (or else terribly deceived): Is she correct to allege that she and not Trump should have control over the nuclear button against Russia? She’s even more of a neoconservative than Obama is, and this is why she has the endorsement of neoconservatives in this election. And that is the issue.
  • The real question isn’t whether America and the world will be improved by the next U.S. President; it’s whether America and the world will be destroyed by the next U.S. President. All else is mere distraction, by comparison. And the U.S. public now are extremely distracted — unfortunately, even by the candidates themselves. The pathetic Presidential candidates that the U.S. aristocracy has provided to Americans, for the public’s votes in the final round, don’t focus on this reality. Anyone who thinks that the majority of billionaires can’t possibly believe in a ‘winnable’ nuclear war and can’t possibly be wanting WW3 should read this. That was published by the Council on Foreign Relations, Wall Street’s international-affairs think tank. They mean business. And that’s the source of neoconservatism — the top U.S.-based international corporations, mainly in ‘defense’ and oil and Wall Street. (Clinton’s career is based upon precisely those three segments, whereas Trump’s is based instead upon real estate and entertainment, neither of which segments is neoconservative.) It doesn’t come from nowhere; it comes from the people who buy and sell politicians.
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    A must-read
Gary Edwards

Bernanke Scolds Congress/Keeps Bailouts Details Secret | Greg Hunter's USAWatchdog - 0 views

  • The Fed was sued by financial news network Bloomberg two years ago.  Bloomberg wants the Fed to reveal which banks received $2 trillion in bailout money and why.  Bloomberg won the case and the Fed appealed.  Bloomberg, also, won the appeal in March 2010!  The precedent setting case would force the Fed to reveal the details of secret bank bailouts–including $500 billion given to foreign financial firms!!    In a Bloomberg story earlier this week, lawyers representing the Federal Reserve (which is made up in part by big U.S. banks) said, “U.S. commercial banks will take their fight against disclosure of Federal Reserve (documents) in 2008 to the Supreme Court if necessary . . .”  Lawyers representing the Fed say they are worried that if details of trillions of dollars in bailouts are revealed, it could cause another financial meltdown.  General Council for the Fed, Paul Saltzman, says, “Our member banks are very concerned about real-time disclosure of information that could cause a run on the banks.”  This is another story, with dire implications, the mainstream media is ignoring.  (Click here for the complete Bloomberg story)
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    This article has two parts.  The first is Bernanke's waarnign to Congress that the Federal debt is out of control and they need to raise taxes AND cut spending.  The second part however is far more interesting.  Author Greg Hunter describes the Bloomberg Media court quest to force the Fed to reveal which banks received $2 trillion in bailout money and why.  Bernanke of course is fighting in the courts to keep this secret.   excerpts:  Earlier this week, Fed Chief Ben Bernanke told Congress to basically raise taxes and cut the federal budget.  The inference was, if Congress doesn't get its financial house in order, it will be their fault if the economy tanks.  Here is how Bernanke actually said it, ". . . Maintaining the confidence of the public and the financial markets requires policy makers more decisively to put the budget on a sustainable fiscal balance."   Bernanke also said the federal debt ". . .is already expected to be greater than 70%" of Gross Domestic Product, ". . . at the end of 2012."  And if that is not bad enough, Bernanke said that by 2020, ". . .federal debt would balloon to more than 100% of GDP," provided  taxes are not raised and budgets are not cut.  The Fed was sued by financial news network Bloomberg two years ago.  Bloomberg wants the Fed to reveal which banks received $2 trillion in bailout money and why.  Bloomberg won the case and the Fed appealed.  Bloomberg, also, won the appeal in March 2010!  The precedent setting case would force the Fed to reveal the details of secret bank bailouts-including $500 billion given to foreign financial firms!!    In a Bloomberg story earlier this week, lawyers representing the Federal Reserve (which is made up in part by big U.S. banks) said, "U.S. commercial banks will take their fight against disclosure of Federal Reserve (documents) in 2008 to the Supreme Court if necessary . . ."  Lawyers representing the Fed say they are worried that if details of tril
Paul Merrell

Indictment Looms For Hillary As FBI Declares 22 Home-Server Emails "Top Secret" - 0 views

  • Indictment Looms For Hillary As FBI Declares 22 Home-Server Emails “Top Secret” The leaking of the Clinton emails has been compared to as the next “Watergate”. By ZeroHedge.com | January 30, 2016 Share this article! targ
  • The State Department will release more emails from Clinton’s time as secretary of state later Friday. But The Associated Press has learned that 7 email chains are being withheld in full for containing “top secret” material. The 37 pages include messages recently described by a key intelligence official as concerning so-called “special access programs” — a highly restricted subset of classified material that could point to confidential sources or clandestine programs like drone strikes or government eavesdropping. Department officials wouldn’t describe the substance of the emails, or say if Clinton had sent any herself. Spokesman John Kirby tells the AP that no judgment on past classification was made. But the department is looking into that, too.
  • For those that Clinton only read, and didn’t write or forward, she still would have been required to report classification slippages that she recognized. Possible responses for classification infractions include counseling, warnings or other action, State Department officials said, though they declined to say if these applied to Clinton or senior aides who’ve since left the department. The officials weren’t authorized to speak on the matter and spoke on condition of anonymity. However, as we previously noted, the implications are tough for The DoJ – if they indict they crush their own candidate’s chances of the Presidency, if they do not – someone will leak the details and the FBI will revolt… The leaking of the Clinton emails has been compared to as the next “Watergate” by former U.S. Attorney Joe DiGenova this week, if current FBI investigations don’t proceed in an appropriate manner. The revelation comes after more emails from Hilary Clinton’s personal email have come to light. “[The investigation has reached] a critical mass,” DiGenova told radio host Laura Ingraham when discussing the FBI’s still pending investigation. Though Clinton is still yet to be charged with any crime, DiGenova advised on Tuesday that changes may be on the horizon. The mishandling over the classified intelligence may lead to an imminent indictment, with DiGenova suggesting it may come to a head within 60 days.
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  • I believe that the evidence that the FBI is compiling will be so compelling that, unless [Lynch] agrees to the charges, there will be a massive revolt inside the FBI, which she will not be able to survive as an attorney general,” he said. “The intelligence community will not stand for that. They will fight for indictment and they are already in the process of gearing themselves to basically revolt if she refuses to bring charges.” The FBI also is looking into Clinton’s email setup, but has said nothing about the nature of its probe. Independent experts say it is highly unlikely that Clinton will be charged with wrongdoing, based on the limited details that have surfaced up to now and the lack of indications that she intended to break any laws. “What I would hope comes out of all of this is a bit of humility” and an acknowledgement from Clinton that “I made some serious mistakes,” said Bradley Moss, a Washington lawyer who regularly handles security clearance matters. Legal questions aside, it’s the potential political costs that are probably of more immediate concern for Clinton. She has struggled in surveys measuring her perceived trustworthiness and an active federal investigation, especially one buoyed by evidence that top secret material coursed through her account, could negate one of her main selling points for becoming commander in chief: Her national security resume.
Gary Edwards

The Basic Library - Article V Project To Restore Liberty - 2 views

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    "Free Google Book Search (360 B.C.) The Republic - Plato (46 B.C.) Cicero's Brutus - Cicero   (1517) Discourses on Livy - Machiavelli (1553) The Discourse of Voluntary Servitude - Étienne de La Boétie (1690) Two Treatises of Government - John Locke   (1698) Discourses Concerning Government - Algernon Sydney Sidney's Discourses and Locke's Second Treatise were recommended by Jefferson and Madison as containing the "general principles of liberty and the rights of man, in nature and society" (1748) The Spirit of Laws  - Montesquieu (1748) The Principles of Natural and Politic Law - Burlamaqui   (1755) Old Family Letters - John Adams (1758) The Law of Nations- Vattel   (1764-1769) The Writings of Samuel Adams (1765-1769) Blackstone's Commentaries on the Laws of England (1766) The Declaratory Act (1770) The Writings of John Adams V1-2              The Writings of John Adams V3-4              The Writings of John Adams V5-7              The Writings of John Adams V8-10   (1771-1788) The Autobiography of Benjamin Franklin (1772) The Votes and Proceedings of the Freeholders and other Inhabitants (1774) A Full Vindication of the Measures of Congress - Hamilton (1774) Novanglus - John Adams Principle Controversy between Great Britain and Her Colonies (1776) Common Sense- Thomas Paine One Incident which gave a stimulus to the pamphlet Common Sense was, that it happened to appear on the very day that the King of England's speech reached the United States, in which the Americans were denounced as rebels and traitors, and in which speech it was asserted to be the right of the legislature of England to bind the Colonies in all cases whatsoever. (1776-1783) The Crisis- Thomas Paine (1780) Journal of the Convention for Framing the Massachusetts Bay Constitution (1785) Remarks concerning the Government and Laws of the United States of America: in Four Letters addressed to Mr. Adams (1787) The Anti-Federalist (audio) (1787) The Federalist
Gary Edwards

Two Very Depressing Charts for President Obama, Two Very Encouraging Charts for America's Taxpayers | Cato @ Liberty - 0 views

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    "What's really remarkable is that we've seen the biggest drop in the burden of government spending since the end of World War II. Heck, the fiscal restraint over the past five years has resulted in a bigger drop in the relative size of government in America than what Switzerland achieved over the past ten years thanks to the "debt brake." At this point, some readers may be wondering who or what deserves credit for this positive development. I'll offer a couple of explanations. The first two points are about why we shouldn't overstate what's actually happened. 1. The good news is somewhat exaggerated because we had a huge spike in federal spending in 2009. To use an analogy, it's easy to lose some weight if you first go on a big eating binge for a couple of years. 2. Some of the fiscal discipline is illusory because certain revenues that flow to the Treasury, such as TARP repayments from banks, actually count as negative spending. I explained this phenomenon when measuring which Presidents have been the biggest spenders. But there also are some real reasons why we've seen genuine spending restraint. 3. The "Tea Party" election of 2010 resulted in a GOP-controlled House that was somewhat sincere about controlling federal outlays. 4. The spending caps adopted as part of the debt limit fight in 2011 have curtailed spending increases as part of the appropriations process. 5. In the biggest fiscal loss President Obama has suffered, we got a sequester that reduced the growth of federal spending. 6. Many states have refused to expand Medicaid, notwithstanding the lure of temporary free money from Uncle Sam. 7. Government shutdown fights may be messy, but they tend to produce a greater amount of fiscal restraint. And there are surely other reasons to list, including the long-overdue end of seemingly permanent unemployment benefits and falling defense outlays as forces are withdrawn from Iraq and Afghanistan. The bottom line is that the past
Gary Edwards

Seven Things You Should Know about the IRS Rule Challenged in King v. Burwell | Cato Institute - 0 views

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    "By Michael F. Cannon and Jonathan H. Adler This article appeared on National Review (Online) on March 4, 2015. This week, the Supreme Court considers King v. Burwell. At issue is whether the IRS exceeded its authority under the Patient Protection and Affordable Care Act by issuing a final IRS rule that expanded the application of the Act's subsidies and mandates beyond the limits imposed by the statute. King v. Burwell is not a constitutional challenge. It challenges an IRS rule as being inconsistent with the Act it purports to implement. The case is a straightforward question of statutory interpretation. Here are seven things everyone needs to know about how the IRS developed the rule at issue in King v. Burwell. But first, a little background. If you're familiar with the case, you can skip to number one. Background Section 1311 of the Act directs states to establish health-insurance "Exchanges." Section 1321 directs the Secretary of Health and Human Services to establish Exchanges in states that "fail[]" to establish Exchanges. Confounding expectations, 38 states failed to establish Exchanges, in almost every case due to opposition to the Act. Section 1401 (creating I.R.C. § 36B) authorizes health-insurance subsidies (nominally, tax credits) "through an Exchange established by the State." The availability of those subsidies triggers tax penalties under the law's individual and employer mandates. In January 2014, the IRS began issuing those subsidies and imposing the resulting penalties through not only state-established Exchanges but also Exchanges established by the federal government as well (i.e., HealthCare.gov). In King v. Burwell, the plaintiffs allege that the IRS exceeded its powers under the Act by issuing a so-called final rule that purports to authorize subsidies in states with Exchanges established by the federal government. The plaintiffs claim that the rule and the subsidies being issued in such states are unlawful, because
Paul Merrell

US v. Comprehensive Drug Testing, Inc., 621 F. 3d 1162 - Court of Appeals, 9th Circuit 2010 - Google Scholar - 0 views

  • Concluding Thoughts
  • This case well illustrates both the challenges faced by modern law enforcement in retrieving information it needs to pursue and prosecute wrongdoers, and the threat to the privacy of innocent parties from a vigorous criminal investigation. At the time of Tamura, most individuals and enterprises kept records in their file cabinets or similar physical facilities. Today, the same kind of data is usually stored electronically, often far from the premises. Electronic storage facilities intermingle data, making them difficult to retrieve without a thorough understanding of the filing and classification systems used—something that can often only be determined by closely analyzing the data in a controlled environment. Tamura involved a few dozen boxes and was considered a broad seizure; but even inexpensive electronic storage media today can store the equivalent of millions of pages of information. 1176*1176 Wrongdoers and their collaborators have obvious incentives to make data difficult to find, but parties involved in lawful activities may also encrypt or compress data for entirely legitimate reasons: protection of privacy, preservation of privileged communications, warding off industrial espionage or preventing general mischief such as identity theft. Law enforcement today thus has a far more difficult, exacting and sensitive task in pursuing evidence of criminal activities than even in the relatively recent past. The legitimate need to scoop up large quantities of data, and sift through it carefully for concealed or disguised pieces of evidence, is one we've often recognized. See, e.g., United States v. Hill, 459 F.3d 966 (9th Cir.2006).
  • This pressing need of law enforcement for broad authorization to examine electronic records, so persuasively demonstrated in the introduction to the original warrant in this case, see pp. 1167-68 supra, creates a serious risk that every warrant for electronic information will become, in effect, a general warrant, rendering the Fourth Amendment irrelevant. The problem can be stated very simply: There is no way to be sure exactly what an electronic file contains without somehow examining its contents—either by opening it and looking, using specialized forensic software, keyword searching or some other such technique. But electronic files are generally found on media that also contain thousands or millions of other files among which the sought-after data may be stored or concealed. By necessity, government efforts to locate particular files will require examining a great many other files to exclude the possibility that the sought-after data are concealed there. Once a file is examined, however, the government may claim (as it did in this case) that its contents are in plain view and, if incriminating, the government can keep it. Authorization to search some computer files therefore automatically becomes authorization to search all files in the same sub-directory, and all files in an enveloping directory, a neighboring hard drive, a nearby computer or nearby storage media. Where computers are not near each other, but are connected electronically, the original search might justify examining files in computers many miles away, on a theory that incriminating electronic data could have been shuttled and concealed there.
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  • The advent of fast, cheap networking has made it possible to store information at remote third-party locations, where it is intermingled with that of other users. For example, many people no longer keep their email primarily on their personal computer, and instead use a web-based email provider, which stores their messages along with billions of messages from and to millions of other people. Similar services exist for photographs, slide shows, computer code and many other types of data. As a result, people now have personal data that are stored with that of innumerable strangers. Seizure of, for example, Google's email servers to look for a few incriminating messages could jeopardize the privacy of millions. It's no answer to suggest, as did the majority of the three-judge panel, that people can avoid these hazards by not storing their data electronically. To begin with, the choice about how information is stored is often made by someone other than the individuals whose privacy would be invaded by the search. Most people have no idea whether their doctor, lawyer or accountant maintains records in paper or electronic format, whether they are stored on the premises or on a server farm in Rancho Cucamonga, whether they are commingled with those of many other professionals 1177*1177 or kept entirely separate. Here, for example, the Tracey Directory contained a huge number of drug testing records, not only of the ten players for whom the government had probable cause but hundreds of other professional baseball players, thirteen other sports organizations, three unrelated sporting competitions, and a non-sports business entity—thousands of files in all, reflecting the test results of an unknown number of people, most having no relationship to professional baseball except that they had the bad luck of having their test results stored on the same computer as the baseball players.
  • Second, there are very important benefits to storing data electronically. Being able to back up the data and avoid the loss by fire, flood or earthquake is one of them. Ease of access from remote locations while traveling is another. The ability to swiftly share the data among professionals, such as sending MRIs for examination by a cancer specialist half-way around the world, can mean the difference between death and a full recovery. Electronic storage and transmission of data is no longer a peculiarity or a luxury of the very rich; it's a way of life. Government intrusions into large private databases thus have the potential to expose exceedingly sensitive information about countless individuals not implicated in any criminal activity, who might not even know that the information about them has been seized and thus can do nothing to protect their privacy. It is not surprising, then, that all three of the district judges below were severely troubled by the government's conduct in this case. Judge Mahan, for example, asked "what ever happened to the Fourth Amendment? Was it ... repealed somehow?" Judge Cooper referred to "the image of quickly and skillfully moving the cup so no one can find the pea." And Judge Illston regarded the government's tactics as "unreasonable" and found that they constituted "harassment." Judge Thomas, too, in his panel dissent, expressed frustration with the government's conduct and position, calling it a "breathtaking expansion of the `plain view' doctrine, which clearly has no application to intermingled private electronic data." Comprehensive Drug Testing, 513 F.3d at 1117.
  • Everyone's interests are best served if there are clear rules to follow that strike a fair balance between the legitimate needs of law enforcement and the right of individuals and enterprises to the privacy that is at the heart of the Fourth Amendment. Tamura has provided a workable framework for almost three decades, and might well have sufficed in this case had its teachings been followed. We have updated Tamura to apply to the daunting realities of electronic searches. We recognize the reality that over-seizing is an inherent part of the electronic search process and proceed on the assumption that, when it comes to the seizure of electronic records, this will be far more common than in the days of paper records. This calls for greater vigilance on the part of judicial officers in striking the right balance between the government's interest in law enforcement and the right of individuals to be free from unreasonable searches and seizures. The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.
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    From a Ninth U.S. Circuit Court of Appeals en banc ruling in 2010. The Court's holding was that federal investigators had vastly overstepped the boundaries of multiple subpoenas and a search warrant --- and the Fourth Amendment --- by seizing records of a testing laboratory and reviewing them for information not described in the warrant or the subpoenas. At issue in this particular case was the government's use of a warrant that found probable cause to believe that the records contained evidence that steroids had been found in the urine of ten major league baseball players but searched the seized records for urine tests of other baseball players. The Court upheld the lower courts' rulings that the government was required to return all records other than those relevant to the ten players identified in the warrant. (The government had instead used the records of other player's urine tests to issue subpoenas for evidence relevant to those players potential use of steroids.) This decision cuts very heavily against the notion that the Fourth Amendment allows the bulk collection of private information about millions of Americans with or without a warrantor court order on the theory that some of the records *may* later become relevant to a lawful investigation.   Or rephrased, here is the en banc decision of the largest federal court of appeals (as many judges as most other federal appellate courts combined), in direct disagreement with the FISA Court orders allowing bulk collection of telephone records and bulk "incidental" collection of Americans' telephone conversations on the theory that the records *might* become relevant to national security investigations. Yet none of the FISA judges in any of the FISA opinions published thus far even cited, let alone distinguished, this Ninth Circuit en banc decision. Which says a lot of the quality of the legal research performed by the FISA Court judges. However, this precedent is front and center in briefs filed with the Ni
Paul Merrell

NSA Director Finally Admits Encryption Is Needed to Protect Public's Privacy - 0 views

  • NSA Director Finally Admits Encryption Is Needed to Protect Public’s Privacy The new stance denotes a growing awareness within the government that Americans are not comfortable with the State’s grip on their data. By Carey Wedler | AntiMedia | January 22, 2016 Share this article! https://mail.google.com/mail/?view=cm&fs=1&to&su=NSA%20Director%20Finally%20Admits%20Encryption%20Is%20Needed%20to%20Protect%20Public%E2%80%99s%20Privacy&body=http%3A%2F%2Fwww.mintpress
  • At the same hearing, Comey and Attorney General Loretta Lynch declined to comment on whether they had proof the Paris attackers used encryption. Even so, Comey recently lobbied for tech companies to do away with end-to-end encryption. However, his crusade has fallen on unsympathetic ears, both from the private companies he seeks to control — and from the NSA. Prior to Rogers’ statements in support of encryption Thursday, former NSA chief Michael Hayden said, “I disagree with Jim Comey. I actually think end-to-end encryption is good for America.” Still another former NSA chair has criticized calls for backdoor access to information. In October, Mike McConnell told a panel at an encryption summit that the United States is “better served by stronger encryption, rather than baking in weaker encryption.” Former Department of Homeland Security chief, Michael Chertoff, has also spoken out against government being able to bypass encryption.
  • Rogers cited the recent Office of Personnel Management hack of over 20 million users as a reason to increase encryption rather than scale it back. “What you saw at OPM, you’re going to see a whole lot more of,” he said, referring to the massive hack that compromised the personal data about 20 million people who obtained background checks. Rogers’ comments, while forward-thinking, signify an about face in his stance on encryption. In February 2015, he said he “shares [FBI] Director [James] Comey’s concern” about cell phone companies’ decision to add encryption features to their products. Comey has been one loudest critics of encryption. However, Rogers’ comments on Thursday now directly conflict with Comey’s stated position. The FBI director has publicly chastised encryption, as well as the companies that provide it. In 2014, he claimed Apple’s then-new encryption feature could lead the world to “a very dark place.” At a Department of Justice hearing in November, Comey testified that “Increasingly, the shadow that is ‘going dark’ is falling across more and more of our work.” Though he claimed, “We support encryption,” he insisted “we have a problem that encryption is crashing into public safety and we have to figure out, as people who care about both, to resolve it. So, I think the conversation’s in a healthier place.”
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  • Regardless of these individual defenses of encryption, the Intercept explained why these statements may be irrelevant: “Left unsaid is the fact that the FBI and NSA have the ability to circumvent encryption and get to the content too — by hacking. Hacking allows law enforcement to plant malicious code on someone’s computer in order to gain access to the photos, messages, and text before they were ever encrypted in the first place, and after they’ve been decrypted. The NSA has an entire team of advanced hackers, possibly as many as 600, camped out at Fort Meade.”
  • Rogers statements, of course, are not a full-fledged endorsement of privacy, nor can the NSA be expected to make it a priority. Even so, his new stance denotes a growing awareness within the government that Americans are not comfortable with the State’s grip on their data. “So spending time arguing about ‘hey, encryption is bad and we ought to do away with it’ … that’s a waste of time to me,” Rogers said Thursday. “So what we’ve got to ask ourselves is, with that foundation, what’s the best way for us to deal with it? And how do we meet those very legitimate concerns from multiple perspectives?”
Gary Edwards

G Edward Griffin - Creature From Jekyll Island A Second Look at the Federal Reserve - 1 views

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    G Edward Griffin - Creature From Jekyll Island A Second Look at the Federal Reserve.  45 minute video of G. Edward Griffin explaining the Federal Reserve and the dangers of fiat money.  He also explains what to do about it, including joining his Freedom Force International group.
Gary Edwards

Seize First, Question Later: The Institute for Justice's New Report on the IRS' Abusive Civil Forfeiture Regime | Cato @ Liberty - 0 views

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    "Federal civil forfeiture laws give the Internal Revenue Service the power to clean out bank accounts without charging their owners with any crime. Making matters worse, the IRS considers a series of cash deposits or withdrawals below $10,000 enough evidence of "structuring" to take the money, without any other evidence of wrongdoing. Structuring-depositing or withdrawing smaller amounts to evade a federal law that requires banks to report transactions larger than $10,000 to the federal government-is illegal, but more importantly, structured funds are also subject to civil forfeiture. Civil forfeiture is the government's power to take property suspected of involvement in a crime. Unlike criminal forfeiture, no one needs to be convicted of-or even a charged with-a crime for the government to take the property. Lax civil forfeiture standards enable the IRS to "seize first and ask questions later," taking money without serious investigation and forcing owners into a long and difficult legal battle to try to stop the forfeiture. Any money forfeited is then used to fund further law enforcement efforts, giving agencies like the IRS an incentive to seize. Data provided by the IRS indicate that its civil forfeiture activities for suspected structuring are large and growing…"
Paul Merrell

Feds operated yet another secret metadata database until 2013 | Ars Technica - 0 views

  • In a new court filing, the Department of Justice revealed that it kept a secret database of telephone metadata—with one party in the United States and another abroad—that ended in 2013. The three-page partially-redacted affidavit from a top Drug Enforcement Agency (DEA) official, which was filed Thursday, explained that the database was authorized under a particular federal drug trafficking statute. The law allows the government to use "administrative subpoenas" to obtain business records and other "tangible things." The affidavit does not specify which countries records were included, but specifically does mention Iran. This database program appears to be wholly separate from the National Security Agency’s metadata program revealed by Edward Snowden, but it targets similar materials and is collected by a different agency. The Wall Street Journal, citing anonymous sources, reported Friday that this newly-revealed program began in the 1990s and was shut down in August 2013.
  • The criminal case involves an Iranian-American man named Shantia Hassanshahi, who is accused of violating the American trade embargo against Iran. His lawyer, Mir Saied Kashani, told Ars that the government has clearly abused its authority. "They’ve converted this from a war on drugs to a war on privacy," he said. "[Hassanshahi] is not accused of any drug crime but they used this drug enforcement information to gather information against him, that's contrary to the law, and we will revisit that. We will bring motions in the court and we will appeal if necessary." Neither the DEA nor the Department of Justice immediately responded to Ars' query as to whether this program is continuing under a different authority.
  • The story begins in 2011, when a Department of Homeland Security (DHS) agent received a tip about someone who might be in violation of American sanctions against Iran. The source provided an e-mail from an Iranian businessman, Manoucher Sheiki, who was involved in acquiring power grid equipment. A second Homeland Security agent, Joshua Akronowitz, wrote in a 2013 affidavit that he searched Sheiki’s Iranian phone number in this database, but declined to explain exactly what kind of database it was. Akronowitz found that the Iranian number came up exactly one time in the database, and was linked to an 818 number, based in Los Angeles County. That number turned out to be the Google Voice number of Hassanshahi. DHS then subpoenaed Google, and got Hassanshahi’s call log and later, metadata on his Gmail account. By early 2012, the agency found out that he was set to return to Los Angeles from Iran. At LAX Airport, customs agents seized his phone, laptop, thumb drives, camcorder, and SIM cards and sent them to Homeland Security. Last year, Kashani, Hassanshahi’s lawyer, argued that this evidence should be suppressed on account that it was the "fruit of the poisonous tree"—obtained via illicit means. In support of his arguments, Kashani cited an important ongoing NSA-related lawsuit, Klayman v. Obama, which remains the only instance where a judge has order the NSA metadata program to be shut down—that order was stayed pending an appeal. (Earlier this month, Ars explored Klayman and other pending notable surveillance cases.)
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  • In a December 2014 opinion in the Hassanshahi case, US District Judge Rudolph Contreras allowed the evidence, but also required that the government provide a "declaration summarizing the contours of the law enforcement database used by Homeland Security Investigations to discover Hassanshahi’s phone number, including any limitations on how and when the database may be used." To comply with the judge’s order, Robert Patterson, the assistant special agent in charge of the DEA, wrote in the Thursday filing: As noted, this database was a federal law enforcement database. It could be used to query a telephone number where federal law enforcement officials had a reasonable articulable suspicion that the telephone number at issue was related to an ongoing federal criminal investigation. The Iranian number was determined to meet this standard based on specific information indicating that the Iranian number was being used for the purpose of importing technological goods to Iran in violation of United States law. Previously, the government had not revealed exactly how it began its investigation of Hassanshahi, and only referred cryptically to "[DHS]-accessible law enforcement databases," in Akronowitz’ 2013 and  2014 affidavits.
  • Similarly, other privacy-minded legal experts questioned the government’s tactics in this new revelation. "We just don’t know about the scope of these things, and that’s what’s disturbing," Andrew Crocker, a legal fellow at the Electronic Frontier Foundation, told Ars. His colleague, Hanni Fakhoury, an EFF attorney who used to be a federal public defender, added that he was "not surprised." "Bulk surveillance technologies and the dangerous legal theories that are used to support them trickle down, and here's a prime example of that," he wrote by e-mail. "The DEA's mandate is of course important but not at the level of national security where as you know there are serious legal questions about the propriety of this collection of phone metadata. And if the DEA has a program like this, it wouldn't surprise me if other agencies do too for other sorts of records the government has claimed it can collect with a subpoena (like bank records)."
  • Patrick Toomey, an attorney with the American Civil Liberties Union, chimed in to say that this indeed was a clear example of government overreach. "This disclosure underscores how the government has expanded its use of bulk collection far beyond the NSA and the national-security context, to rely on mass surveillance in ordinary criminal investigations," he said by e-mail. "It’s now clear that multiple government agencies have tracked the calls that Americans make to their parents and relatives, friends, and business associates overseas, all without any suspicion of wrongdoing," Toomey continued. "The DEA program shows yet again how strained and untenable legal theories have been used to secretly justify the surveillance of millions of innocent Americans using laws that were never written for that purpose."
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    The authorizing statute clearly limits the scope of the administrative subpoena authority to drug related criminal investigations. "In any investigation relating to his functions under this subchapter with respect to controlled substances, listed chemicals, tableting machines, or encapsulating machines, the Attorney General may subpena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation."
Paul Merrell

The revolving door between Google and the Department of Defense | PandoDaily - 0 views

  • As I continue to poke around under the hood of Google Federal — as the company’s DC operation is called — I’m surprised by the number of former spooks, high-level intelligence officials and revolving door military contractors running Google’s public sector division. Many of Google Federal’s top managers come from the biggest and baddest military and intel outfits: US Army, Air Force Intelligence, Central Intelligence Agency, National Geospatial-Intelligence Agency, Director of National Intelligence, USAID, SAIC, Lockheed… the list keeps going on and on.
Paul Merrell

Google warns of US government 'hacking any facility' in the world | Technology | The Guardian - 0 views

  • Google is boldly opposing an attempt by the US Justice Department to expand federal powers to search and seize digital data, warning that the changes would open the door to US “government hacking of any facility” in the world. In a strongly worded submission to the Washington committee that is considering the proposed changes, Google says that increasing the FBI’s powers set out in search warrants would raise “monumental and highly complex constitutional, legal and geopolitical concerns that should be left to Congress to decide”. The search giant warns that under updated proposals, FBI agents would be able to carry out covert raids on servers no matter where they were situated, giving the US government unfettered global access to vast amounts of private information.
  • In particular, Google sounds the alarm over the FBI’s desire to “remotely” search computers that have concealed their location – either through encryption or by obscuring their IP addresses using anonymity services such as Tor. Those government searches, Google says, “may take place anywhere in the world. This concern is not theoretical. ... [T]he nature of today’s technology is such that warrants issued under the proposed amendment will in many cases end up authorizing the government to conduct searches outside the United States.”
  • The Justice Department itself has tried to assuage anxieties about its proposed amendment. In its comment to the committee, DoJ officials say that federal agents would only request the new type of warrants where there was “probable cause to search for or seize evidence, fruits, or instrumentalities of crime”. But civil liberties and legal groups remain unconvvinced, insisting that the language is so vaguely worded that it would have draconian and global implications. In its submission, the American Civil Liberties Union said that the proposed changes could violate the fourth amendment of the US constitution, which bans unreasonable searches and seizures. The ACLU’s principal technologist, Christopher Soghoian, said: “The government is seeking a troubling expansion of its power to surreptitiously hack into computers, including using malware. Although this proposal is cloaked in the garb of a minor procedural update, in reality it would be a major and substantive change that would be better addressed by Congress.”
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    Fourth Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and *particularly* describing *the place to be searched,* and the persons or things to be seized." The Justice Department proposed amendment to the rules would abolish the emphasized portion of the Amendment, substituting in its place the "general warrant" that the Amendment was intended to forbid. I'm coming to realize more and more that it's my own government, not terrorists™, that needs more surveillance.  
Paul Merrell

Germany Detains "Double Agent" for "Spying on Spy Investigation" | Global Research - 0 views

  • A member of Germany’s foreign intelligence agency has been detained for possibly spying for the US. The 31-year-old is suspected of giving a US spy agency information about a parliamentary inquiry of NSA activities. (Image: PictureAlliance/DPA))German news outlets on Friday are reporting that a so-called “double agent” has been detained after confessing to investigators that he was paid by U.S. agents to spy on the German parliamentary panel now investigating the extent of U.S. National Security Agency’s surveillance inside the country. According to Deutsche Welle: During questioning, the suspect reportedly told investigators that he had gathered information on an investigative committee from Germany’s lower house of parliament, the Bundestag. The panel is conducting an inquiry into NSA surveillance on German officials and citizens. A spokesperson for the Federal Prosecutor’s office declined to provide further details about the case, according to news agency AFP. German-US relations have been on the rocks since revelations of mass surveillance not only on German citizens, but also on Chancellor Angela Merkel and other politicians made headlines last year.
  • Der Spiegel (Google Translate) notes that initial information indicates the individual—who worked for the Bundesnachrichtendienst (BND), Germany’s equivalent of the NSA—had “been specifically looking for information related to the NSA investigation committee of the Bundestag and given them to his American contact man.” As journalist Glenn Greenwald immediately observed: That’d be the ultimate irony: US Govt spied on German parliamentary investigation into US Govt spying on Germans http://t.co/P9WkGT83oQ — Glenn Greenwald (@ggreenwald) July 4, 2014 And David Meyer, writing for Gigaom, adds: The 31-year-old was originally arrested on suspicion of having contact with Russian intelligence, but then apparently confessed to having reported back at least once to the Americans on the Bundestag committee’s activities. He reportedly did this for money. The reports raise the possibility that he may be lying, but also note that the committee has long suspected it was being spied on. If this is all true, it may turn out to be an even bigger diplomatic scandal than the NSA’s bugging of Chancellor Angela Merkel’s phone, a formal probe into which was announced a month ago.
  • On Thursday, the Bundestag’s investigative committee looking into NSA surveillance heard testimony from two U.S. whistleblowers who worked, Thomas Drake and William Binney, for the spy agency but objected to what they consider its troubling tactics. As Deutsche Welle reports, Binney—who once headed the agencies technology division—accused the NSA of having a “totalitarian mentality” and wanting “total information control” over U.S. citizens and the entirety of the global digital environment. He went on to compare the NSA’s approach to that used by dictators against oppressed populations. According to the Deutsche Presse-Agentur (DPA): Drake said the BND had become a “vermiform appendix of the NSA,” referring to accusations it had been passing data on German citizens on to the American service – an act forbidden under Germany’s constitution. “The silence of the BND is terrible,” Drake told the committee, and said people had a right to know what was going on. “You shouldn’t wait for a German Edward Snowden to lift the veil.”
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    Greenwald quip is great: "That'd be the ultimate irony: US Govt spied on German parliamentary investigation into US Govt spying on Germans "  High comedy on the NSA front. 
Paul Merrell

Spy Chief James Clapper Wins Rosemary Award - 0 views

  • Director of National Intelligence James Clapper has won the infamous Rosemary Award for worst open government performance in 2013, according to the citation published today by the National Security Archive at www.nsarchive.org. Despite heavy competition, Clapper's "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" sealed his receipt of the dubious achievement award, which cites the vastly excessive secrecy of the entire U.S. surveillance establishment. The Rosemary Award citation leads with what Clapper later called the "least untruthful" answer possible to congressional questions about the secret bulk collection of Americans' phone call data. It further cites other Clapper claims later proved false, such as his 2012 statement that "we don't hold data on U.S. citizens." But the Award also recognizes Clapper's fellow secrecy fetishists and enablers, including:
  • Gen. Keith Alexander, director of the NSA, for multiple Rose Mary Woods-type stretches, such as (1) claiming that the secret bulk collection prevented 54 terrorist plots against the U.S. when the actual number, according to the congressionally-established Privacy and Civil Liberties Oversight Board (PCLOB) investigation (pp. 145-153), is zero; (2) his 2009 declaration to the wiretap court that multiple NSA violations of the court's orders arose from differences over "terminology," an explanation which the chief judge said "strains credulity;" and (3) public statements by the NSA about its programs that had to be taken down from its website for inaccuracies (see Documents 78, 85, 87 in The Snowden Affair), along with public statements by other top NSA officials now known to be untrue (see "Remarks of Rajesh De," NSA General Counsel, Document 53 in The Snowden Affair).
  • Robert Mueller, former FBI director, for suggesting (as have Gen. Alexander and many others) that the secret bulk collection program might have been able to prevent the 9/11 attacks, when the 9/11 Commission found explicitly the problem was not lack of data points, but failing to connect the many dots the intelligence community already had about the would-be hijackers living in San Diego. The National Security Division lawyers at the Justice Department, for misleading their own Solicitor General (Donald Verrilli) who then misled (inadvertently) the U.S. Supreme Court over whether Justice let defendants know that bulk collection had contributed to their prosecutions. The same National Security Division lawyers who swore under oath in the Electronic Frontier Foundation's Freedom of Information Act lawsuit for a key wiretap court opinion that the entire text of the opinion was appropriately classified Top Secret/Sensitive Compartmented Information (release of which would cause "exceptionally grave damage" to U.S. national security). Only after the Edward Snowden leaks and the embarrassed governmental declassification of the opinion did we find that one key part of the opinion's text simply reproduced the actual language of the 4th Amendment to the U.S. Constitution, and the only "grave damage" was to the government's false claims.
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  • President Obama for his repeated misrepresentations about the bulk collection program (calling the wiretap court "transparent" and saying "all of Congress" knew "exactly how this program works") while in effect acknowledging the public value of the Edward Snowden leaks by ordering the long-overdue declassification of key documents about the NSA's activities, and investigations both by a special panel and by the Privacy and Civil Liberties Oversight Board. The PCLOB directly contradicted the President, pointing out that "when the only means through which legislators can try to understand a prior interpretation of the law is to read a short description of an operational program, prepared by executive branch officials, made available only at certain times and locations, which cannot be discussed with others except in classified briefings conducted by those same executive branch officials, legislators are denied a meaningful opportunity to gauge the legitimacy and implications of the legal interpretation in question. Under such circumstances, it is not a legitimate method of statutory construction to presume that these legislators, when reenacting the statute, intended to adopt a prior interpretation that they had no fair means of evaluating." (p. 101)
  • Even an author of the Patriot Act, Rep. Jim Sensenbrenner (R-WI), was broadsided by the revelation of the telephone metadata dragnet. After learning of the extent of spying on Americans that his Act unleashed, he wrote that the National Security Agency "ignored restrictions painstakingly crafted by lawmakers and assumed plenary authority never imagined by Congress" by cloaking its actions behind the "thick cloud of secrecy" that even our elected representatives could not breech. Clapper recently conceded to the Daily Beast, "I probably shouldn't say this, but I will. Had we been transparent about this [phone metadata collection] from the outset … we wouldn't have had the problem we had." The NSA's former deputy director, John "Chris" Inglis, said the same when NPR asked him if he thought the metadata dragnet should have been disclosed before Snowden. "In hindsight, yes. In hindsight, yes." Speaking about potential (relatively minimal) changes to the National Security Agency even the president acknowledged, "And all too often new authorities were instituted without adequate public debate," and "Given the unique power of the state, it is not enough for leaders to say: Trust us. We won't abuse the data we collect. For history has too many examples when that trust has been breached." (Exhibit A, of course, is the NSA "watchlist" in the 1960's and 1970's that targeted not only antiwar and civil rights activists, but also journalists and even members of Congress.)
  • The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Federal Chief Information Officers' Council, and the career Rosemary leader — the Justice Department — for the last two years. Rosemary-winner James Clapper has offered several explanations for his untruthful disavowal of the National Security Agency's phone metadata dragnet. After his lie was exposed by the Edward Snowden revelations, Clapper first complained to NBC's Andrea Mitchell that the question about the NSA's surveillance of Americans was unfair, a — in his words — "When are you going to stop beating your wife kind of question." So, he responded "in what I thought was the most truthful, or least untruthful, manner by saying 'no.'"
  • After continuing criticism for his lie, Clapper wrote a letter to Chairman of the Senate Select Committee on Intelligence Dianne Feinstein, now explaining that he misunderstood Wyden's question and thought it was about the PRISM program (under Section 702 of the Foreign Intelligence Surveillance Act) rather than the telephone metadata collection program (under Section 215 of the Patriot Act). Clapper wrote that his staff "acknowledged the error" to Senator Wyden soon after — yet he chose to reject Wyden's offer to amend his answer. Former NSA senior counsel Joel Brenner blamed Congress for even asking the question, claiming that Wyden "sandbagged" Clapper by the "vicious tactic" of asking "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" Meanwhile, Steve Aftergood of the Federation of American Scientists countered that "it is of course wrong for officials to make false statements, as DNI Clapper did," and that in fact the Senate Intelligence Committee "became complicit in public deception" for failing to rebut or correct Clapper's statement, which they knew to be untruthful. Clapper described his unclassified testimony as a game of "stump the chump." But when it came to oversight of the National Security Agency, it appears that senators and representatives were the chumps being stumped. According to Representative Justin Amash (R-Mich), the House Intelligence Committee "decided it wasn't worthwhile to share this information" about telephone metadata surveillance with other members of Congress. Classified briefings open to the whole House were a "farce," Amash contended, often consisting of information found in newspapers and public statutes.
  • The Emmy and George Polk Award-winning National Security Archive, based at the George Washington University, has carried out thirteen government-wide audits of FOIA performance, filed more than 50,000 Freedom of Information Act requests over the past 28 years, opened historic government secrets ranging from the CIA's "Family Jewels" to documents about the testing of stealth aircraft at Area 51, and won a series of historic lawsuits that saved hundreds of millions of White House e-mails from the Reagan through Obama presidencies, among many other achievements.
  • Director Clapper joins an undistinguished list of previous Rosemary Award winners: 2012 - the Justice Department (in a repeat performance, for failure to update FOIA regulations for compliance with the law, undermining congressional intent, and hyping its open government statistics) 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge, through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).   ALSO-RANS The Rosemary Award competition in 2013 was fierce, with a host of government contenders threatening to surpass the Clapper "least untruthful" standard. These secrecy over-achievers included the following FOI delinquents:
  • Admiral William McRaven, head of the Special Operations Command for the raid that killed Osama Bin Laden, who purged his command's computers and file cabinets of all records on the raid, sent any remaining copies over to CIA where they would be effectively immune from the FOIA, and then masterminded a "no records" response to the Associated Press when the AP reporters filed FOIA requests for raid-related materials and photos. If not for a one-sentence mention in a leaked draft inspector general report — which the IG deleted for the final version — no one would have been the wiser about McRaven's shell game. Subsequently, a FOIA lawsuit by Judicial Watch uncovered the sole remaining e-mail from McRaven ordering the evidence destruction, in apparent violation of federal records laws, a felony for which the Admiral seems to have paid no price. Department of Defense classification reviewers who censored from a 1962 document on the Cuban Missile Crisis direct quotes from public statements by Soviet Premier Nikita Khrushchev. The quotes referred to the U.S. Jupiter missiles in Turkey that would ultimately (and secretly) be pulled out in exchange for Soviet withdrawal of its missiles in Cuba. The denials even occurred after an appeal by the National Security Archive, which provided as supporting material the text of the Khrushchev statements and multiple other officially declassified documents (and photographs!) describing the Jupiters in Turkey. Such absurd classification decisions call into question all of the standards used by the Pentagon and the National Declassification Center to review historical documents.
  • Admiral William McRaven memo from May 13, 2011, ordering the destruction of evidence relating to the Osama bin Laden raid. (From Judicial Watch)
  • The Department of Justice Office of Information Policy, which continues to misrepresent to Congress the government's FOIA performance, while enabling dramatic increases in the number of times government agencies invoke the purely discretionary "deliberative process" exemption. Five years after President Obama declared a "presumption of openness" for FOIA requests, Justice lawyers still cannot show a single case of FOIA litigation in which the purported new standards (including orders from their own boss, Attorney General Eric Holder) have caused the Department to change its position in favor of disclosure.
Paul Merrell

Al-Qaeda might attack Guantanamo, claims US - Human Rights - Al Jazeera English - 0 views

  • In a 13-page brief filed on Friday in federal court in Washington, DC, government lawyers assert that a June 3 declaration signed by Guantanamo prison warden Colonel John Bogdan, which sought to justify the rationale behind the genital search policy , contains details about "operational-security and force-protection procedures" that, if made public, "would better enable our enemies to attack the detention facilities at Guantanamo or undermine security at the facility".
  • The government made these claims in response to a motion to intervene  filed by this reporter in federal court last month which sought to unseal Bogdan's six-page declaration. Journalists can intervene in court cases and argue for the release of certain materials on the grounds that the public has a right of access to judicial records. The warden's declaration was submitted by the government - under seal - in response to a lawsuit filed by Guantanamo attorneys, who argued the genital search policy Bogdan enacted at the height of a mass hunger strike in April interfered with prisoners' access to their lawyers. The new procedures required prisoners to agree to have their genitals searched whenever they left their cells to meet with attorneys, and upon return, to ensure they were not transporting "contraband". Rather than submit to the searches, numerous prisoners declined to meet with their lawyers.
  • Last month, US District Court Judge Royce Lamberth banned the searches, calling them "religiously and culturally abhorrent". Lamberth said the protocol Bogdan implemented under the guise of security was actually intended to deter prisoners from meeting with their lawyers. The judge noted the "government is a recidivist when it comes to denying counsel access" to the prisoners. Three days after Lamberth issued his opinion, this reporter's Washington, DC-based attorney, Jeffrey Light, filed a motion to intervene to unseal Bogdan's declaration. The following week a federal appeals court reversed Lamberth's decision while the government prepared a formal appeal.
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  • Secret, or not secret? In response to the court filing, the government on Friday released a partially redacted version of Bogdan's declaration, and argued that the blacked-out passages in the document should remain secret - because they contained sensitive "operational-security information" about Guantanamo. But it appears government lawyers were unaware that another version of Bogdan's declaration - one that contained a different set of redactions - was publicly released last month, in documents filed with the federal appeals court when the government asked Lamberth's decision to be put on hold. Redacted passages that the government says needs to remain secret are unredacted in the earlier version filed on the public record as part of the government's appeal. At the same time, some unredacted passages in the declaration submitted on Friday are redacted in the public version of Bogdan's declaration filed with the appeals court last month.
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    Today's free giggle, courtesy of the U.S. Dept. of Justice and Dept. of Defense. So sensitive that it would make Gitmo more susceptible to terrorist attack, Judge. Just ignore that Google Maps view of Gitmo and think about how important it is that we be allowed to fondl ... er, probe those genitals and anuses for contraband and weapons, Judge.  What's that, you say, the intervenor already published the document? We released it last week? Judge ... :-) 
Gary Edwards

Larry Summers and the Secret "Bankster End Game" Memo : http://goo.gl/wDhDhL - 1 views

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    Diigo is screwing up the URL AGAIN!!!!! WTF!!! The correct title is "Larry Summers and the Secret "End-Game" Memo :: http://goo.gl/wDhDhL From the marbux treasure trove of truth we have financial expert Greg Palast describing how the Banksters engineered the 2008 World Financial Collapse. Greg names names, sighting an important 1997 memo signed by then Deputy Treasury Secretary, Larry Summers. The memo describes the Banksters "end game", and authorizes pulling the trigger on a process of forcing the world's financial institutions to accept the game of derivative roulette where high risk financial schemes and casino bets had to be accepted as "financial assets". Good story and as from everything I know, the absolute truth. Read it carefully because these same Banksters control the Obama Administration and seek to continue the great shakedown. One item of note is the recent resignation of Larry Summers as Obama nominee to head the Federal Reserve Bankster Cartel. Summers is one of the architects of the 2008 financial collapse, but is seen be Wall Street as hesitant to continue with the current Bernake flooding of the money markets with $85 Billion per month in freshly minted paper. Even the hint of rolling back the Bankster bailout a bit is enough to do in Summers. alternative Fed Banster Czar Janette Yellin promises to up the $85 Billion monthly bailout, and Wall Street celebrated with a near doubling of trades. We're so screwed! We started the "Socialism and the End of the American Dream" Diigo group in September of 2008 as an effort to understand the financial collapse. In this short article, Greg Palast summarizes the story and places the important facts on the table for all to see. Pray with me for his health and safety. excerpt: "The year was 1997.  US Treasury Secretary Robert Rubin was pushing hard to de-regulate banks.  That required, first, repeal of the Glass-Steagall Act to dismantle the barrier between commercial ba
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    Related link: Summers Withdraws From Consideration for Fed Chairmanship, http://www.bloomberg.com/news/2013-09-15/obama-said-he-accepted-summers-decision-to-withdraw-his-name.html
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    From the marbux treasure trove of truth we have financial expert Greg Palast describing how the Banksters engineered the 2008 World Financial Collapse. Greg names names, sighting an important 1997 memo signed by then Deputy Treasury Secretary, Larry Summers. The memo describes the Banksters "end game", and authorizes pulling the trigger on a process of forcing the world's financial institutions to accept the game of derivative roulette where high risk financial schemes and casino bets had to be accepted as "financial assets". Good story and as from everything I know, the absolute truth. Read it carefully because these same Banksters control the Obama Administration and seek to continue the great shakedown. One item of note is the recent resignation of Larry Summers as Obama nominee to head the Federal Reserve Bankster Cartel. Summers is one of the architects of the 2008 financial collapse, but is seen be Wall Street as hesitant to continue with the current Bernake flooding of the money markets with $85 Billion per month in freshly minted paper. Even the hint of rolling back the Bankster bailout a bit is enough to do in Summers. alternative Fed Banster Czar Janette Yellin promises to up the $85 Billion monthly bailout, and Wall Street celebrated with a near doubling of trades. We're so screwed! We started the "Socialism and the End of the American Dream" Diigo group in September of 2008 as an effort to understand the financial collapse. In this short article, Greg Palast summarizes the story and places the important facts on the table for all to see. Pray with me for his health and safety. excerpt: "The year was 1997.  US Treasury Secretary Robert Rubin was pushing hard to de-regulate banks.  That required, first, repeal of the Glass-Steagall Act to dismantle the barrier between commercial banks and investment banks.  It was like replacing bank vaults with roulette wheels. Second, the banks wanted the right to play a new high-risk game:  "d
Gary Edwards

Of Bailouts, Bonuses, and Generational Responsibility from The Daily Bail - 0 views

  • When one transfers the learned behavior of selfishness to the world of economics, it is east to see how we got to the world of adjustable rate mortgages, thirty-to-one leverage, credit default swaps, and thirty year hedge fund workers acting as is million dollar paychecks was an otherwise normal entitlement.  If it felt good, it was therefore right – and by all means, don’t rock the boat.  And what we are witnessing today in Washington and Wall Street in response to our economic crisis is nothing but a conscious and willing decision to pass off to the next generation the cost of our mistakes.
  • the fundamental principles of capitalism – namely that bad actors need to fail.
  • First and most foremost, the Congress needs to institute a modernized version of Glass-Stegall and separate commercial banking from investment banking activities. What we have seen in the abolishment Glass-Stegall (please thank Mr. Rubin formerly of Goldman Sachs) is the creation of federally subsidize casinos masquerading as publicly traded financial institutions.  They kept profits from over-leveraged bets and were kind enough to pass their losses onto the taxpayers.  Second, Congress needs to repeal legislation (Gramm-Leach) that allowed financial institutions not only to leverage in ways previously not permitted, but which also granted banks and financial situations exemption from federal gambling laws. Third, and this is where moral outrage hits home to those on Wall Street, we cannot live in a country in which any company is allowed to manipulate the levers of government in such a way as to make itself obscenely rich at the expense of the public.
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  • We saw as we proceeded through life that pursuing one’s self-interest was rewarded just as often than doing what was right, that morals were relative, and that there would be no consequences to bad behavior. It became de rigueur to assume that our parents (and their lawyers) would save us from our bad behavior.
  • no consequences to irresponsible behavior.
  • it is hard to avoid the reality that my generation, the baby boomers who are now approaching retirement, have caused the greatest collapse of the world economy since the 1930s, and in the process damaged this country in ways we are now only beginning to understand.
  • Goldman is only the largest corporate contributor to the Obama administration
  • Looking back more eighteen months after the first signs of distress in our economy appeared, it seems that leaders in Congress and Wall Street have erred in a manner never before witnessed in this nation.  In the process, they have conspired through their collective arrogance, greed, and ignorance to damage the economy of the country (if not the world), make many themselves rich beyond the imaginations of most Americans, and in the process commit the greatest financial rape of the American public in the history of the country.  And if that does resonate, then either you have not been paying attention for the past two years, or you have received your paycheck form Goldman Sachs.
  • Capitalism remains the best economic system on the planet, but when those who have profited handsomely seek to socialize losses caused by their errors, then those in power in Washington have a moral responsibility to demand an accounting.  Our anger comes from the fact that our leaders have failed in their public obligations at the expense of the interests on Wall Street, and in the process created the greatest social divide that this country has seen in the past 40 years.
  • our nation has one of the highest ratios of debt to GDP on the globe
  • Finally, the administration should demand (I know it won’t) that Goldman Sachs return the approximately $13 billion it received in backdoor payments through AIG when AIG received $180 billion in bailout money. That $13 billion belongs to the taxpayers of this country, and the decision to allow Goldman to receive that money perhaps stands as the greatest moral outrage of this entire sordid affair.  
  • he nation will not die; to the contrary, it would become stronger if we permit free markets to work, and allow the next-generation to live unburdened by our mistakes and arrogance.
  • The proposal in question was Ryan's "Roadmap for America's Future," a sweeping plan to stave off the nation's looming economic and fiscal collapse by changing the tax code, overhauling the health care system, and reforming the nation's major entitlement programs. Its debt-reducing claims aren't based on mere fantasy -- the Congressional Budget Office has determined that the plan would boost economic growth while making Medicare and Social Security solvent. And it accomplishes these aims without raising taxes or affecting the benefits of current retirees.
  • There's no doubt where the Treasury will turn for finance. We are about to see the greatest stuffing of banks with government securities the world has ever seen. American banks will be forced to gorge on Treasury securities, and disgorge bank reserves. Where else can the government get the next trillion to spend on things like wars, unemployment benefits, and food stamps?There are a few obvious things to think about here. At the rate of $120 billion a month, it will only take about nine months to blow through over a trillion dollars in free bank reserves. Each Treasury auction will find it more difficult to sell all of the treasury securities, and it will take rising interest rates to coax out even more reserves from the banks. (When you need to borrow over $4 billion a day, even a trillion dollars doesn't last long.)
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    Wow!  This is the best response to the financial collapse i have read to date.  Exceptional in clarity, but written with a tone of mixed sorrow and shame.  Mr. Gallow places the blame exactly where it should be placed.  It's a generational thing with one exception Mr. Gallow overlooks - the Obama margin of victory was very much due to the massive turnout and votes of post baby boomer generations.  We boomers may have created and caused the financial collapse and destruction of America, but they were dumb enough to put the decline of capitalism and ordered liberty on marxist steroids. excerpt:  .... this is the first time that I have been so angered by incompetence and greed in government and Wall Street to express publicly my own thoughts.  In simple terms, what has dawned on me is that my generation, the "Baby Boomers" between the ages of 45 and 65, has emerged not as not the most significant or talented generation in our history (as we thought we were), but rather as the most self-absorbed and reckless. Because ours will be the first generation in the history of this country to leave to its successors a nation in worse shape than that which it inherited; put differently, we will be the first generation in this nation to have taken from our parents and stolen from our children. .. it is hard to avoid the reality that my generation, the baby boomers who are now approaching retirement, have caused the greatest collapse of the world economy since the 1930s, and in the process damaged this country in ways we are now only beginning to understand. ... Looking back more eighteen months after the first signs of distress in our economy appeared, it seems that leaders in Congress and Wall Street have erred in a manner never before witnessed in this nation.  In the process, they have conspired through their collective arrogance, greed, and ignorance to damage the economy of the country (if not the world), make many themselves rich beyond the imaginations of mo
Paul Merrell

F.B.I. Is Broadening Surveillance Role, Report Shows - NYTimes.com - 0 views

  • Although the government’s warrantless surveillance program is associated with the National Security Agency, the Federal Bureau of Investigation has gradually become a significant player in administering it, a newly declassified report shows.In 2008, according to the report, the F.B.I. assumed the power to review email accounts the N.S.A. wanted to collect through the “Prism” system, which collects emails of foreigners from providers like Yahoo and Google. The bureau’s top lawyer, Valerie E. Caproni, who is now a Federal District Court judge, developed procedures to make sure no such accounts belonged to Americans.
  • Then, in October 2009, the F.B.I. started retaining copies of unprocessed communications gathered without a warrant to analyze for its own purposes. And in April 2012, the bureau began nominating new email accounts and phone numbers belonging to foreigners for collection, including through the N.S.A.’s “upstream” system, which collects communications transiting network switches.That information is in a 231-page study by the Justice Department’s inspector general about the F.B.I.’s activities under the FISA Amendments Act of 2008, which authorized the surveillance program. The report was entirely classified when completed in September 2012. But the government has now made a semi-redacted version of the report public in response to a Freedom of Information Act lawsuit filed by The New York Times.
  • The report also filled in a gap about the evolving legality of the warrantless wiretapping program, which traces back to a decision by President George W. Bush in October 2001 to direct the N.S.A. to collect Americans’ international phone calls and emails, from network locations on domestic soil, without the individual warrants required by the Foreign Intelligence Surveillance Act, or FISA. The Times revealed that program in December 2005.After the article appeared, telecommunications providers that had voluntarily participated in the program were sued, and a Federal District Court judge in Detroit ruled that the program was illegal, although that decision was later vacated. The Bush administration sought to put the program on more solid legal footing by gaining orders from the Foreign Intelligence Surveillance Court approving it.Continue reading the main story Continue reading the main story Continue reading the main story In January 2007, the Bush administration persuaded the court’s Judge Malcolm Howard to issue an order to telephone and network companies requiring them to let the security agency target foreigners’ accounts for collection without individual warrants. But in April 2007, when the order came up for renewal before Judge Roger Vinson, he said that it was illegal.
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  • Judge Vinson’s resistance led Congress to enact, in August 2007, the Protect America Act, a temporary law permitting warrantless surveillance of foreigners from domestic network locations. The next year, Congress replaced that law with the FISA Amendments Act.Last month, as a result of separate Freedom of Information Act lawsuits by The Times and the Electronic Frontier Foundation, the government declassified the identities of the judges who disagreed in early 2007 and several court filings from that episode. But it remained unclear what the N.S.A. had done in June and July of 2007.The newly declassified report said Judge Vinson issued an order on May 31, 2007, that allowed existing surveillance to continue by approving collection on a long list of specific foreign phone numbers and email addresses. But after that, when the agency wanted to start wiretapping an additional person, it had to ask the court for permission.The report said that “the rigorous nature of the FISA Court’s probable cause review of new selectors submitted to the various FISA Court judges following Judge Vinson’s May 31, 2007, order caused the N.S.A. to place fewer foreign selectors under coverage than it wanted to.” That and other factors “combined to accelerate the government’s efforts” to persuade Congress to enact the Protect America Act.
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