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US Trade Representative Michael Froman is drawing fire from Congressional Democrats for the Obama adminstration’s continued imposition of secrecy surrounding the Trans-Pacific Parternship. (Photo: AP file) Democratic lawmaker says tightly-controlled briefings on Trans-Pacific Partnership deal are aimed at keeping US constituents ignorant about what’s at stake Lawmakers in Congress who remain wary of the Trans-Pacific Partnership (TPP) trade agreement are raising further objections this week to the degree of secrecy surrounding briefings on the deal, with some arguing that the main reason at least one meeting has been registered “classified” is to help keep the American public ignorant about giveaways to corporate interests and its long-term implications.

As The Hill reports: Members will be allowed to attend the briefing on the proposed trade pact with 12 Latin American and Asian countries with one staff member who possesses an “active Secret-level or high clearance” compliant with House security rules. Rep. Rosa DeLauro (D-Conn.) told The Hill that the administration is being “needlessly secretive.” “Even now, when they are finally beginning to share details of the proposed deal with members of Congress, they are denying us the ability to consult with our staff or discuss details of the agreement with experts,” DeLauro told The Hill. Rep. Lloyd Doggett (D-Texas) condemned the classified briefing. “Making it classified further ensures that, even if we accidentally learn something, we cannot share it. What is [Froman]working so hard to hide? What is the specific legal basis for all this senseless secrecy?” Doggett said to The Hill. “Open trade should begin with open access,” Doggett said. “Members expected to vote on trade deals should be able to read the unredacted negotiating text.”

“I’m not happy about it,” Rep. Alan Grayson (D-Fla.) told the Huffington Post, referring to the briefing with Froman and Labor Secretary Thomas Perez on Wednesday. The meeting—focused on the section of the TPP that deals with the controversial ‘Investor-State Dispute Settlement’ (ISDS) mechanism—has been labeled “classified,” so that lawmakers and any of their staff who attend will be barred, under threat of punishment, of revealing what they learn with constituents or outside experts. According to the Huffington Post: ISDS has been part of U.S. free trade agreements since NAFTA was signed into law in 1993, and has become a particularly popular tool for multinational firms over the past few years. But while the topic remains controversial, particularly with Democrats, many critics of the administration emphasize that applying national security-style restrictions on such information is an abuse of the classified information system. An additional meeting earlier on Wednesday on currency manipulation with Froman and Treasury Secretary Jack Lew is not classified.

Top senators in both parties have begun talks to revise the congressional resolution authorizing the use of military force following the Sept. 11, 2001, attacks on the World Trade Center and the Pentagon, according to lawmakers and aides involved in the discussions.Though in its early stages, such a debate could cause serious heartburn for the White House and party leaders seeking to push through any revised use-of-force resolution. A Senate floor fight over replacing the 9/11 resolution could lead to broader political battles on critical areas of President Barack Obama’s national security policy, including the war in Afghanistan, the use of armed drone attacks against suspected terrorists, treatment of detainees held in Guantanamo Bay, and the scope of the president’s authority as commander-in-chief to combat terrorism worldwide.

The bipartisan Senate talks also come at a time when Obama is catching flak for his aggressive drone policy, and Sen. Rand Paul’s (R-Ky.) 13-hour filibuster on the issue struck a chord with some members of both parties. Senate Armed Services Committee Chair Carl Levin (D-Mich.), and Sens. Dick Durbin (D-Ill.) and John McCain (R-Ariz.) met recently to discuss the issue, the senators and their aides said.

Other senators involved in the talks include Bob Corker (R-Tenn.) and Lindsey Graham (R-S.C.). Corker is the ranking member on the Senate Foreign Relations Committee. Levin has scheduled a May 16 hearing of the Senate Armed Services Committee on the matter.

Can someone explain to me why the media still solicit advice about the crisis in Iraq from Sen. John McCain (R-Ariz.)? Or Sen. Lindsey Graham (R-S.C.)? How many times does the Beltway hawk caucus get to be wrong before we recognize that maybe, just maybe, its members don’t know what they’re talking about? Certainly Politico could have found someone with more credibility than Douglas Feith, former undersecretary of defense for policy in the George W. Bush administration and one of the architects of the Iraq war, to comment on how the White House might react to the rapidly deteriorating political situation in Iraq today.

Al Qaeda's violent resurgence in Iraq and expansion into Syria now represents a "transnational threat network" that could possibly reach from the Mideast to the United States, according to the White House. The teaming of al Qaeda's Iraqi cell and affiliated Islamic militant groups in Syria into the new Islamic State of Iraq and al-Sham (ISIS) has developed into "a major emerging threat to Iraqi stability . . . and to us," a senior administration official told reporters on Wednesday. "It is a fact now that al Qaeda has a presence in Western Iraq" extending into Syria, "that Iraqi forces are unable to target," the official said. That growing presence "that has accelerated in the past six to eight months" has been accompanied by waves of bombings and attacks that threaten to throw Iraq into a full-blown civil war. 

Keeping ISIS from destabilizing the Iraqi government and expanding into other areas in the region is a "major focus" of this week's visit by Iraqi Prime Minister Nouri al Maliki to Washington. The Iraqi delegation met with Vice President Joe Biden Wednesday morning, and will meet with congressional leaders later in the day. Top defense lawmakers are already sounding the alarm on ISIS growth in the region and the threat posed by the al Qaeda faction to Iraq, Syria and ultimately the United States. "As the situation in both countries grows worse . . . we are deeply concerned that Al-Qaeda could use its new safe haven in Iraq and Syria to launch attacks against U.S. interests and those of our friends and allies," Sen. John McCain (R-Ariz.) along with Senate Armed Services Committee chief Carl Levin (D-Mich.), ranking member Jim Inhofe (R-Okla.) wrote in a letter to President Obama. Senate Foreign Relations heads Sens. Robert Menendez (D-NJ) and Bob Corker (R-Tenn.) also co-signed the letter, sent to the White House on Tuesday. 

"We urge you to press [al-Maliki] to formulate a comprehensive political and security strategy that can stabilize the country, enable Iraq to realize its vast potential, and help to safeguard our nation’s enduring national security interests in Iraq," they wrote. One area lawmakers are pressing the White House and Iraqi government on is increased U.S. assistance for counterterrorism operations in the country, backed by supplies of American military weapons and intelligence. 

A new cybersecurity bill poses serious threats to our privacy, gives the government extraordinary powers to silence potential whistleblowers, and exempts these dangerous new powers from transparency laws. The Cybersecurity Information Sharing Act of 2014 ("CISA") was scheduled to be marked up by the Senate Intelligence Committee yesterday but has been delayed until after next week's congressional recess. The response to the proposed legislation from the privacy, civil liberties, tech, and open government communities was quick and unequivocal – this bill must not go through. The bill would create a massive loophole in our existing privacy laws by allowing the government to ask companies for "voluntary" cooperation in sharing information, including the content of our communications, for cybersecurity purposes. But the definition they are using for the so-called "cybersecurity information" is so broad it could sweep up huge amounts of innocent Americans' personal data. The Fourth Amendment protects Americans' personal data and communications from undue government access and monitoring without suspicion of criminal activity. The point of a warrant is to guard that protection. CISA would circumvent the warrant requirement by allowing the government to approach companies directly to collect personal information, including telephonic or internet communications, based on the new broadly drawn definition of "cybersecurity information."

While we hope many companies would jealously guard their customers' information, there is a provision in the bill that would excuse sharers from any liability if they act in "good faith" that the sharing was lawful. Collected information could then be used in criminal proceedings, creating a dangerous end-run around laws like the Electronic Communications Privacy Act, which contain warrant requirements. In addition to the threats to every American's privacy, the bill clearly targets potential government whistleblowers. Instead of limiting the use of data collection to protect against actual cybersecurity threats, the bill allows the government to use the data in the investigation and prosecution of people for economic espionage and trade secret violations, and under various provisions of the Espionage Act. It's clear that the law is an attempt to give the government more power to crack down on whistleblowers, or "insider threats," in popular bureaucratic parlance. The Obama Administration has brought more "leaks" prosecutions against government whistleblowers and members of the press than all previous administrations combined. If misused by this or future administrations, CISA could eliminate due process protections for such investigations, which already favor the prosecution.

While actively stripping Americans' privacy protections, the bill also cloaks "cybersecurity"-sharing in secrecy by exempting it from critical government transparency protections. It unnecessarily and dangerously provides exemptions from state and local sunshine laws as well as the federal Freedom of Information Act. These are both powerful tools that allow citizens to check government activities and guard against abuse. Edward Snowden's revelations from the past year, of invasive spying programs like PRSIM and Stellar Wind, have left Americans shocked and demanding more transparency by government agencies. CISA, however, flies in the face of what the public clearly wants. (Two coalition letters, here and here, sent to key members of the Senate yesterday detail the concerns of a broad coalition of organizations, including the ACLU.)

By Patrick J. Buchanan

His message: Obama and John Kerry are bringing back a rotten deal that will ensure Iran acquires nuclear weapons and becomes an existential threat to Israel. Congress must repudiate Obama's deal, impose new sanctions on Iran and terminate the appeasement talks. Should Bibi and his Republican allies succeed in closing the ramp to a diplomatic solution, we will be on the road to war. Which is where Bibi wants us. To him, Iran is the Nazi Germany of the 21st century, hell-bent on a new Holocaust. A U.S. war that does to the Ayatollah's Iran what a U.S. war did to Hitler's Germany would put Bibi in the history books as the Israeli Churchill. But if Republicans scuttle the Iranian negotiations by voting new sanctions, Iran will take back the concessions it has made, and we are indeed headed for war. Which is where Sen. Lindsey Graham, too, now toying with a presidential bid, wants us to be.

According to Rowan Scarborough of The Washington Times, the U.S. general who trained the Iraqi army says Mosul is a mined, booby-trapped city, infested with thousands of suicide fighters. Any Iraqi army attack this spring would be "doomed." Translation: Either U.S. troops lead, or Mosul remains in ISIS' hands. Yet taking Mosul is only the beginning. Scores of thousands of troops will be needed to defeat and destroy ISIS in Syria. And eradicating ISIS is but the first of the wars Republicans have in mind. This coming week, at the invitation of Speaker John Boehner, Bibi Netanyahu will address a joint session of Congress.

Senators on Tuesday blasted President Obama's Syria strategy as incoherent, questioning efforts to force Bashar Assad to step down and grilling Defense Secretary Ash Carter on efforts to counter extremists.Carter at a Senate Armed Services Committee hearing discussed new changes to the administration's strategy against the Islamic State in Iraq and Syria (ISIS) in Syria, where the U.S. and allies are currently launching airstrikes and arming about a dozen Syrian Arab groups to counter ISIS.ADVERTISEMENTCarter said the U.S.-led military coalition hopes to strengthen the new Syrian Arab Coalition, intensify the air campaign, and target more ISIS leaders and the group's oil operations.“If done in concert as we intend, all those actions on the ground and from the air should help shrink ISIL’s territory into a smaller and smaller area and create new opportunities for targeting ISIL — ultimately denying this evil movement any safe haven in its supposed heartland,” Carter said, using another acronym for ISIS.“This is a half-assed strategy at best,” said Sen. Lindsey Graham (R-S.C.), a Republican presidential candidate and a leading defense hawk in the Senate.

Committee members questioned how the U.S.-led coalition intended to support Syrian rebels going after ISIS when the Syrian regime — assisted by Hezbollah, Russia and Iran — was targeting them in a bid to shore up Assad’s grip on power in the country’s four-year civil war.Carter said the U.S. was only obligated to protect the small number of rebels who had taken part in a now-defunct Pentagon plan to train and equip a rebel force against ISIS, leaving many senators incredulous.That program only yielded 145 rebels, out of a planned force of 5,000 this year.Carter acknowledged that Russian forces were already hitting moderate Syrian rebel groups — including some supported by the coalition — but said the U.S. was not obligated to protect them since they were not Pentagon-trained.His comments come amid reports that the Russian strikes have targeted groups that were trained by the CIA.  Sen. John McCain (R-Ariz.), chairman of the Senate Armed Services Committed, called that policy “immoral.”“You are making a distinction without a difference, Mr. Secretary,” he said, exasperated. “These are American-supported and coalition-supported men who are going in and being slaughtered.”The administration has tried to avoid actions that would bring them into direct conflict with Syria or Russia, and maintains the coalition is supporting rebels who will target ISIS, not the Assad regime. 

The National Security Agency will no longer be able to collect phone records in bulk starting Nov. 29, the Office of the Director of National Intelligence said in a statement Friday.The program's closure was required by the USA Freedom Act, signed by President Barack Obama in early June. The program was allowed to continue since then as part of a six-month wind-down period, in which intelligence officials could create and test a new phone records program where the government can only obtain records connected to a specific entity like a person or device that is associated with a foreign power or terrorist group.Some Senate Republicans, led by Sen. Tom Cotton of Arkansas and 2016 presidential candidate Sen. Marco Rubio of Florida, tried to delay the program’s official end this month in the wake of the Paris terrorist attacks. But despite support from Senate Majority Leader Mitch McConnell (R-Ky.), the effort got no traction in Congress.

The NSA has requested that some officials continue to have access to data already collected by the agency for “technical” purposes — but not intelligence analysis— for another three months, according to ODNI. The Foreign Intelligence Surveillance Court is currently reviewing that request, ODNI said.A federal court issued an order earlier this month holding the program unconstitutional and barring the collection of phone metadata pertaining to one California attorney and his law practice. However, after authorities argued that implementing the order would require the early shutdown of the whole program, a federal appeals court stayed the ruling.

A 29-year-old man who says he is a former undercover CIA employee said Sunday that he was the principal source of recent disclosures about ­top-secret National Security Agency programs, exposing himself to possible prosecution in an acknowledgment that had little if any precedent in the long history of U.S. intelligence leaks. Edward Snowden, a tech specialist who has contracted for the NSA and works for the consulting firm Booz Allen Hamilton, unmasked himself as a source after a string of stories in The Washington Post and the Guardian that detailed previously unknown U.S. surveillance programs. He said he disclosed secret documents in response to what he described as the systematic surveillance of innocent citizens.In an interview Sunday, Snowden said he is willing to face the consequences of exposure.“I’m not going to hide,” Snowden told The Post from Hong Kong, where he has been staying. “Allowing the U.S. government to intimidate its people with threats of retaliation for revealing wrongdoing is contrary to the public interest.”

Asked whether he believes that his disclosures will change anything, he said: “I think they already have. Everyone everywhere now understands how bad things have gotten — and they’re talking about it. They have the power to decide for themselves whether they are willing to sacrifice their privacy to the surveillance state.”Snowden said nobody had been aware of his actions, including those closest to him. He said there was no single event that spurred his decision to leak the information, but he said President Obama has failed to live up to his pledges of transparency.“My sole motive is to inform the public as to that which is done in their name and that which is done against them,” he said in a note that accompanied the first document he leaked to The Post.The Guardian was the first to publicly identify Snowden, at his request.The White House said late Sunday that it would not have any comment on the matter.

In a brief statement, a spokesman for the Office of the Director of National Intelligence said the intelligence community is “reviewing the damage” the leaks have done. “Any person who has a security clearance knows that he or she has an obligation to protect classified information and abide by the law,” said the spokesman, Shawn Turner.Snowden said he is seeking “asylum from any countries that believe in free speech and oppose the victimization of global privacy,” but the law appears to provide for his extradition from Hong Kong, a semiautonomous territory of China, to the United States.

The FBI has dramatically increased its use of a controversial provision of the Patriot Act to secretly obtain a vast store of business records of U.S. citizens under President Barack Obama, according to recent Justice Department reports to Congress. The bureau filed 212 requests for such data to a national security court last year – a 1,000-percent increase from the number of such requests four years earlier, the reports show. Follow @openchannelblog The FBI’s increased use of the Patriot Act’s “business records” provision — and the wide ranging scope of its requests -- is getting new scrutiny in light of last week’s disclosure that that the provision was used to obtain a top-secret national security order requiring telecommunications companies to turn over records of millions of telephone calls. Advertise | AdChoices Taken together, experts say, those revelations show the government has broadly interpreted the Patriot Act provision as enabling it to collect data not just on specific individuals, but on millions of Americans with no suspected terrorist connections. And it shows that the Foreign Intelligence Surveillance Court  accepted that broad interpretation of the law.

“That they were using this (provision) to do mass collection of data is definitely the biggest surprise,” said Robert Chesney, a top national security lawyer at the University of Texas Law School. “Most people who followed this closely were not aware they were doing this.  We’ve gone from producing records for a particular investigation to the production of all records for a massive pre-collection database. It’s incredibly sweeping.”  

But little-noticed statements by FBI Director Robert Mueller in recent years – as well as interviews with former senior law enforcement officials – hint at what Chesney calls a largely unnoticed “sea change” in the way the U.S. government collects data for terrorism and other national security investigations.

MEMORANDUM FOR: Sen. Dianne Feinstein, Vice Chairman, Senate Select Committee on Intelligence FROM: Veteran Intelligence Professionals for Sanity SUBJECT: U.S. Media Mum On How Your Committee Faced Down Both CIA and Obama We write to thank you for your unwavering support for your extraordinarily courageous and tenacious staff in (1) investigating CIA torture under the Bush/Cheney administration and (2) resisting CIA/White House attempts under the Obama administration to cover up heinous torture crimes like waterboarding.

With well over 400 years of intelligence experience under our collective belt, we wondered how you managed to get the investigation finished and the executive summary up and out (though redacted). We now know the backstory – thanks to the unstinting courage of the committee’s principal investigator Daniel Jones, who has been interviewed by Spencer Ackerman, an investigative reporter for The (UK) Guardian newspaper. The titanic struggle depicted by Ackerman reads like a crime novel; sadly, the four-part series is nonfiction: I. “Senate investigator breaks silence about CIA’s ‘failed coverup’ of torture report” II. “Inside the fight to reveal the CIA’s torture secrets” III. ” ‘A constitutional crisis’: the CIA turns on the Senate” IV. “No looking back:  the CIA torture report’s aftermath“

Remarkably, a full week after The Guardian carried Ackerman’s revelations, none has been picked up by U.S. “mainstream” newspapers. Not the New York Times, the Wall Street Journal, the Washington Post – not even The Hill. (As for alternative media, Charles P. Pierce’s timely piece for Esquire whetted his readers’ appetite for the gripping detail of the Guardian series, explaining that it would be “unfair both to Ackerman’s diligence and Jones’s courage” to try to summarize even just the first installment. “Read the whole damn thing,” Pierce advises.)

The Washington Post on Friday reported a genuinely alarming event: Russian hackers have penetrated the U.S. power system through an electrical grid in Vermont. The Post headline conveyed the seriousness of the threat: The first sentence of the article directly linked this cyberattack to alleged Russian hacking of the email accounts of the DNC and John Podesta — what is now routinely referred to as “Russian hacking of our election” — by referencing the code name revealed on Wednesday by the Obama administration when it announced sanctions on Russian officials: “A code associated with the Russian hacking operation dubbed Grizzly Steppe by the Obama administration has been detected within the system of a Vermont utility, according to U.S. officials.” The Post article contained grave statements from Vermont officials of the type politicians love to issue after a terrorist attack to show they are tough and in control. The state’s Democratic governor, Peter Shumlin, said: Vermonters and all Americans should be both alarmed and outraged that one of the world’s leading thugs, Vladimir Putin, has been attempting to hack our electric grid, which we rely upon to support our quality of life, economy, health, and safety. This episode should highlight the urgent need for our federal government to vigorously pursue and put an end to this sort of Russian meddling.

Vermont Sen. Patrick Leahy issued a statement warning: “This is beyond hackers having electronic joy rides — this is now about trying to access utilities to potentially manipulate the grid and shut it down in the middle of winter. That is a direct threat to Vermont and we do not take it lightly.” The article went on and on in that vein, with all the standard tactics used by the U.S. media for such stories: quoting anonymous national security officials, reviewing past acts of Russian treachery, and drawing the scariest possible conclusions (“‘The question remains: Are they in other systems and what was the intent?’ a U.S. official said”).  The media reactions, as Alex Pfeiffer documents, were exactly what one would expect: hysterical, alarmist proclamations of Putin’s menacing evil: Our Russian "friend" Putin attacked the U.S. power grid. https://t.co/iAneRgbuhF — Brent Staples (@BrentNYT) December 31, 2016

The Post’s story also predictably and very rapidly infected other large media outlets. Reuters thus told its readers around the world: “A malware code associated with Russian hackers has reportedly been detected within the system of a Vermont electric utility.”   What’s the problem here? It did not happen. There was no “penetration of the U.S. electricity grid.” The truth was undramatic and banal. Burlington Electric, after receiving a Homeland Security notice sent to all U.S. utility companies about the malware code found in the DNC system, searched all its computers and found the code in a single laptop that was not connected to the electric grid. Apparently, the Post did not even bother to contact the company before running its wildly sensationalistic claims, so Burlington Electric had to issue its own statement to the Burlington Free Press, which debunked the Post’s central claim (emphasis in original): “We detected the malware in a single Burlington Electric Department laptop not connected to our organization’s grid systems.” So the key scary claim of the Post story — that Russian hackers had penetrated the U.S. electric grid — was false. All the alarmist tough-guy statements issued by political officials who believed the Post’s claim were based on fiction.

A bipartisan bill to let families victimized by the 9/11 terrorist attacks sue Saudi Arabia ran into sharp setbacks Monday, as the White House threatened a veto and a GOP senator privately sought to block the measure.The move comes as presidential candidates from both parties are seizing on the legislation to score points with New York voters ahead of Tuesday's critical primary there.And it has pit the likely next Senate Democratic leader, Chuck Schumer of New York, squarely against the Obama administration.The White House and State Department are bluntly warning lawmakers not to proceed with the legislation over fears it could have dramatic ramifications for the United States and citizens living abroad to retaliatory lawsuits. The President lands in Riyadh Wednesday for talks with Saudi Arabia over ISIS and Iran at a time of strained relations between the countries, making the bill's timing that much more sensitive.

The stepped-up lobbying against the legislation comes as it is coming up against fresh roadblocks on Capitol Hill, with party leaders learning that a GOP senator is objecting to taking up the bill, according to a source familiar with the legislation. The senator's identity has not yet been revealed publicly.Proponents of the measure, for their part, are beginning to intensify their pressure campaign."If Saudi Arabia participated in terrorism, of course they should be able to be sued," Schumer said Monday. "This bill would allow a suit to go forward and victims of terrorism to go to court to determine if the Saudi government participated in terrorist acts. If the Saudis did, they should pay a price."Speaking to reporters Monday, White House spokesman Josh Earnest fired back, warning that it would jeopardize international sovereignty and put the U.S. at "significant risk" if other countries adopted a similar law."It's difficult to imagine a scenario where the President would sign it," Earnest said.

The bill, which Schumer and Senate Majority Whip John Cornyn of Texas are pushing, would prevent Saudi Arabia and other countries alleged to have terrorist ties from invoking their sovereign immunity in federal court.Saudi Arabia has long denied any role in the 9/11 attacks, but victims' families have repeatedly sought to bring the matter to court, only to be rebuffed after the country has invoked legal immunity allowed under current law."It makes minor adjustments to our laws that would clarify the ability of Americans attacked on U.S. soil to get justice from those who have sponsored that terrorist attack," Cornyn said of the bill, which is entitled the Justice Against Sponsors of Terrorism Act.

Saudi Arabia has warned the Obama administration and federal legislators that it will sell off U.S. Treasury debt worth $750 billion if Congress passes a law clearing the way for 9/11 victims to sue the kingdom for its alleged role in aiding the hijackers. according to a story in today’s New York Times.

Appearing on Michael Smerconish’s CNN program Saturday morning, former Senator Bob Graham, a leading advocate of declassifying 28 pages that allegedly implicate Saudi Arabia in the attacks, said, “I’m outraged but not surprised.” According to the Times report, the kingdom’s caution was personally delivered last month by Saudi foreign minister Adel al-Jubeir, who reportedly told legislators that, if the bill passes, Saudi Arabia would sell up to $750 billion in Treasury debt before it could be potentially frozen by U.S. courts.

Though presented as a necessity for Saudi Arabia’s own financial protection, Saudi Arabia’s cautionary statement is de facto economic threat against the United States. A sell-off would prompt an increase in U.S. Treasury interest rates, raising borrowing costs for the American government, businesses and consumers and potentially triggering an economic downturn that extends beyond our own shores. The Saudi warning was triggered by the legislative progress of the Justice Against Sponsors of Terrorism Act (JASTA), which would amend the Foreign Sovereign Immunities Act (FSIA). Last fall, Saudi Arabia was dropped from a lawsuit filed by 9/11 families, victims and insurers after a federal judge said the plaintiffs had failed to meet the high jurisdictional hurdles that FSIA imposes for claims against foreign governments.

Citing the need to preserve evidence related to pending lawsuits, the Obama administration is asking for permission to keep data on billions of U.S. phone calls indefinitely instead of destroying it after five years. In a motion filed Tuesday with the Foreign Intelligence Surveillance Court, the Justice Department says the series of lawsuits over the program — including one filed by Sen. Rand Paul (R-Ky.) — create a duty for the government to hang on to the so-called metadata currently in the National Security Agency’s computer systems. “Based upon the issues raised by Plaintiffs in the … lawsuits and the Government’s potential defenses to those claims, the United States must ensure that all potentially relevant evidence is retained which includes the [business record] metadata obtained in bulk from certain telecommunications service providers pursuant to this Court’s production orders,” Justice Department lawyers write in a motion (posted here).

The motion was released Wednesday on the court’s public web page. There was no immediate indication of a ruling from the surveillance court. The NSA’s call metadata program is aimed at detecting terrorist plots affecting the U.S., but evidence of the effort’s success is murky. President Barack Obama has proposed ending the NSA’s collection of the data. Officials are considering storing it with the telephone companies themselves, creating a new entity to hold it, or reconstructing the program in some other way. The Wall Street Journal reported last week that U.S. officials were considering making the request submitted on Tuesday.

Last month, while testifying to the Senate Foreign Relations Committee, Wendy Sherman—Undersecretary of State for Political Affairs and the senior U.S. representative in the P5+1 nuclear talks with Iran—said, with reference to Iranians, “We know that deception is part of the DNA.”  This statement goes beyond orientalist stereotyping; it is, in the most literal sense, racist.  And it evidently was not a mere “slip of the tongue”:  a former Obama administration senior official told us that Sherman has used such language before about Iranians. 

Putting aside Sherman’s glaring display of anti-Iranian racism, there was another egregious manifestation of prejudice-cum-lie in her testimony to the Senate Foreign Relations Committee that we want to explore more fully.  It came in a response to a question from Senator Marco Rubio (R-Florida) about whether states have a right to enrich under the Nuclear Non-Proliferation Treaty (NPT).  Here is the relevant passage in Sherman’s reply:  “It has always been the U.S. position that Article IV of the Nuclear Non-Proliferation Treaty does not speak about the right of enrichment at all [and] doesn’t speak to enrichment, period.  It simply says that you have the right to research and development.”  Sherman goes on to acknowledge that “many countries such as Japan and Germany have taken that [uranium enrichment] to be a right.”  But, she says, “the United States does not take that position.  We take the position that we look at each one of these [cases].”  Or, as she put it at the beginning of her response to Sen. Rubio, “It has always been the U.S. position that Article IV of the Nuclear Non-Proliferation Treaty does not speak about the right of enrichment at all” (emphasis added). 

Two points should be made here.  First, the claim that the NPT’s Article IV does not affirm the right of non-nuclear-weapons states to pursue indigenous development of fuel-cycle capabilities, including uranium enrichment, under international safeguards is flat-out false.  Article IV makes a blanket statement that “nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination.”  And it’s not just “countries such as Japan and Germany”—both close U.S. allies—which affirm that this includes the right of non-weapons states to enrich uranium under safeguards.  The BRICS (Brazil, Russia, India, China, and South Africa) countries and the Non-Aligned Movement (whose 120 countries represent a large majority of UN members) have all clearly affirmed the right of non-nuclear-weapons states, including the Islamic Republic of Iran, to pursue indigenous safeguarded enrichment.  In fact, just four countries in the world hold that there is no right to safeguarded enrichment under the NPT:  the United States, Britain, France, and Israel (which isn’t even a NPT signatory).  That’s it.  Moreover, the right to indigenous technological development—including nuclear fuel-cycle capabilities, should a state choose to pursue them—is a sovereign right.  It is not conferred by the NPT; the NPT’s Article IV recognizes states’ “inalienable right” in this regard, while other provisions bind non-weapons states that join the Treaty to exercise this right under international safeguards.       

Portions of the Senate's long-awaited report on Bush-era interrogation practices are poised to be released, according to Sen. Dianne Feinstein, the chairwoman of the Senate Intelligence Committee. On Thursday night, Feinstein said the CIA and the Obama administration have agreed that portions of her committee's exhaustive, 6,000-page report should be shared with the public. News of the agreement follows an intense struggle between the CIA and lawmakers that will likely shape how history views one of the most controversial periods in the post-9/11 era, when the CIA used tactics that President Obama and others have condemned as torture in an attempt to elicit information about terrorism.

A report by the Senate Intelligence Committee concludes that the CIA misled the government and the public about aspects of its brutal interrogation program for years — concealing details about the severity of its methods, overstating the significance of plots and prisoners, and taking credit for critical pieces of intelligence that detainees had in fact surrendered before they were subjected to harsh techniques. The report, built around detailed chronologies of dozens of CIA detainees, documents a long-standing pattern of unsubstantiated claims as agency officials sought permission to use — and later tried to defend — excruciating interrogation methods that yielded little, if any, significant intelligence, according to U.S. officials who have reviewed the document.

“The CIA described [its program] repeatedly both to the Department of Justice and eventually to Congress as getting unique, otherwise unobtainable intelligence that helped disrupt terrorist plots and save thousands of lives,” said one U.S. official briefed on the report. “Was that actually true? The answer is no.”

Several officials who have read the document said some of its most troubling sections deal not with detainee abuse but with discrepancies between the statements of senior CIA officials in Washington and the details revealed in the written communications of lower-level employees directly involved.Officials said millions of records make clear that the CIA’s ability to obtain the most valuable intelligence against al-Qaeda — including tips that led to the killing of Osama bin Laden in 2011 — had little, if anything, to do with “enhanced interrogation techniques.”The report is divided into three volumes — one that traces the chronology of interrogation operations, another that assesses intelligence officials’ claims and a third that contains case studies on virtually every prisoner held in CIA custody since the program began in 2001. Officials said the report was stripped of certain details, including the locations of CIA prisons and the names of agency employees who did not hold ­supervisor-level positions.One official said that almost all of the critical threat-related information from Abu Zubaida was obtained during the period when he was questioned by Soufan at a hospital in Pakistan, well before he was interrogated by the CIA and waterboarded 83 times.Information obtained by Soufan, however, was passed up through the ranks of the U.S. intelligence community, the Justice Department and Congress as though it were part of what CIA interrogators had obtained, according to the committee report.

Iraq and Syria may have been permanently torn asunder by war and sectarian tensions, the head of the Defense Intelligence Agency said Thursday in a frank assessment that is at odds with Obama administration policy. “I’m having a tough time seeing it come back together,” Lt. Gen. Vincent Stewart told an industry conference, speaking of Iraq and Syria, both of which have seen large chunks territory seized by the Islamic State. On Iraq, Stewart said he is “wrestling with the idea that the Kurds will come back to a central government of Iraq,” suggesting he believed it was unlikely. On Syria, he added: “I can see a time in the future where Syria is fractured into two or three parts.” That is not the U.S. goal, he said, but it’s looking increasingly likely.

CIA Director John Brennan, speaking on the same panel at an industry conference, noted that the countries’ borders remain in place, but the governments have lost control of them. A self-declared caliphate by the Islamic State straddles the border between both countries. Iraqis and Syrians now more often identify themselves by tribe or religious sect, rather than by their nationality, he said. “I think the Middle East is going to be seeing change over the coming decade or two that is going to make it look unlike it did,” Brennan said.

The Obama administration’s official policy is that Iraq and Syria remain internationally recognized nation states. Administration officials, for example, have resisted calls to send arms directly to the Kurds, who have carved out a measure of autonomy in northern Iraq and have been America’s most loyal ally in the region. The administration has insisted that arms for the Kurds be routed through the government in Baghdad. In 2006, then-Sen. Joe Biden argued for splitting Iraq into three autonomous ethnic zones with a limited role for a central government. The George W. Bush administration sought to keep Iraq unified, but Sunnis eventually became disaffected with a Shiite government in Baghdad that excluded them. Kurds have been in continual disputes over budgets and oil with Bagdad, and they have seized control of the strategic northern city of Kirkuk.

Sen. Rand Paul (R-Ky.) said he would end the National Security Agency's bulk collection of Americans' phone records on his first day in the White House if he is elected. "The president created this vast dragnet by executive order. And as president on day one, I would immediately end this unconstitutional surveillance," he said in a Kentucky speech Tuesday announcing his presidential bid. 

Paul has split with most of his party over the issue, even Cruz who has also pushed for reform. Paul has rankled some NSA reform advocates by opposing a bill to end the program because he does not believe it goes far enough to dismantle the authorizing authority.   <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fdffbe72d-f425-4b83-b07e-357ae9d405f6&Operation=NoScript">Amazon.com Widgets</A> He has filed a lawsuit against the government over the program and has promised not to vote to renew sections of the Patriot Act that authorize the program and are up for renewal in June. The Kentucky senator dusted off an old line in the speech Tuesday, saying the phone records of law-abiding Americans should stay private. "Warrantless searches of Americans phone and computer records are un-American and a threat to our civil liberties. I say that your phone records are yours. I say that phone records of law abiding citizens are none of their damn business," he said, later joking "is this where we light up the phones?""I believe we can have liberty and security, and I will not compromise your liberty for a false sense of security," he added later.  

President Obama has advocated for ending the government's bulk collection of Americans' phone records as well, but he has resisted ending it unilaterally.  The courts renew the current program every 90 days. Advocates have called on the administration to end it by simply declining to have it renewed.But Obama has resisted taking this route, calling on Congress to act.