Category: Civil Rights

Update on Goss, Harman and AIPAC

First, Laura Rosen has a convincing, but not definitive account that the wiretap of Harman was part and parcel of a hit job by Porter Goss and his “Gosslings”.

Some data points:

  • It appears that people are arguing that Gonzalez backed off the investigation of Harman almost a year after the the New York Times had published its story on the wiretaps.
  • The leak of this information to Time Magazine in 2006 came 3 days after Harman released a report under the auspices of her being the ranking member of the House Permanent Select Committee on Intelligence (HSPCI) on the Randall “Duke” Cunningham affair, and both Goss and his “Gosslings” frequented Cunningham’s booze and prostitute laden soirees:

Indeed, my read of a more recent CQ piece about then DNI John Negroponte also telling Goss not to brief the House leadership about Harman caught on the wiretap is that Negroponte was also trying to shut down what he thought was a rogue effort to pursue investigation of Harman. One now wonders if the reported Negroponte-Goss tensions that ultimately ended in Goss being forced to resign were also fueled by his concerns about Goss’s and the Gosslings’ actions on the Harman matter, and not just the Foggo matter. As we now know, by the way, the Foggo matter is not at all unrelated to the Cunningham case and the HPSCI report that Harman released. Remember: Foggo got the number 3 job at CIA because Goss’s staff recommended him to Goss. Indeed, many members of Goss’s staff had played poker with Foggo and the Cunningham case defense contractors for years (remember the Watergate poker parties?). And my understanding is that when Goss was chairman of HPSCI, Foggo had served his staff as a kind of mole against Tenet and other suspected-unloyal-to-Bush types inside the CIA. So Team Goss and the Gosslings had reasons to squirm when Harman released that report. I need to check when the Foggo indictment actually came down, but I don’t believe he was indicted yet at the time Harman released that report in October 2006. So that case against Foggo and the wider Cunningham investigation still moving may have unnerved people in Goss-land for multiple reasons when Harman released that report.

….
October 2006 is one month before the midterms when the Democrats would retake the House. And with the Democrats expected to win, who would get the chairmanship of HPSCI would have been a live issue for those who cared about these things, including about what kind of oversight even of past actions at CIA might have occurred. Oversight – and in particular Democratic-led oversight – that might have included looking into actions taken during Goss’s tenure as CIA director from 2004-2006. That tenure included, as Marcy Wheeler has pointed out, the CIA’s destruction of videotapes recording harsh interrogations of terrorism suspects — which Harman may have been briefed about. The episode is serious – it’s now the subject of investigation by a special prosecutor. Goss’s tenure also included the whole Foggo corruption matter which was still playing out in 2006, indeed, which played a big role in Goss being forced to suddenly step down as CIA director in May 2006.

So it’s beginning to sound like someone was going after the person most likely to investigate both the torture tape destruction and the connections between Goss staffers and disgraced Congressman Cunningham.

Most of this appears to be moot, because prosecutors are dropping the case against the AIPAC lobbyists, which is a good thing, because the precedent intended by this case was to criminalize the receipt of any classified material by an American citizen without any espionage being involved, and could be very easily extended to journalism.

9th Circuit Deals Blow to Obama Secrecy Stance

The 9th Circuit Court of Appeals has just told the Obama administration that its assertion of a state secret privilege is full of crap.

Binyam Mohamed, a British national who was rendered, and tortured by the CIA, is to be allowed to pursue his lawsuit against Jeppesen, a private transportation company that flew him to their secret gulags:

The court said the government could ask judges to conduct a case-by-case review of whether the disclosure of specific documents would jeopardize national security. But allowing the executive branch to shut down an entire lawsuit whenever an official says its subject is classified would be a “concentration of unchecked power” and lead to abuses, it said.

“According to the government’s theory, the judiciary should effectively cordon off all secret government actions from judicial scrutiny, immunizing the C.I.A. and its partners from the demands and limits of the law,” wrote Judge Michael Daly Hawkins.

I would also note (again) that as a matter of fact, though not of law, that the precedent here, US v. Reynolds, is in fact based on a lie. There were no state secrets involved, the B-29 which crashed was not, as was claimed, on a secret mission or testing secret equipment, as the government implied, but that the the aircraft was in poor condition because of inadequate maintenance.

This is a good decision, and I rather hope that it won’t make it to the Supreme Court, because 4 of those justices will rubber stamp the Bush, and now Obama, policy.

Harman Update: The CIA is Really the Gang That Cannot Shoot Straight

As I’ve said before, I’m glad that Harman is not House Intel Chairman, but tht latest from Jeff Stein, who broke the story, is a classic case of the CIA screwing itself up, and f%$#ing itself over:

Frustrated and angry at Gonzales for aborting the investigation, intelligence officials let Pelosi know about the wiretap and its contents, according to the three former national security officials.

‘She knew. We made sure she knew,’ said one of the former officials, chuckling.

The officials would discuss the matter only on terms of anonymity, because even the existence of the wiretap remains classified.

These guys want to be unshackled from the Frank Church era restrictions, and they pull crap like this.

You are going to have Congressional committees investigating you in a way that is far less pleasant than an unlubed proctology exam now, and you are to blame for this.

Morons….We should have outsourced you lot’s job to the ex-KGB when the wall came down.

Shoe’s on the Other Food Now, Huh Steny?

House Majority Leader Steny Hoyer is expressing concern over the wiretapping of house members, of course it wasn’t a problem when ordinary people were spied on, but not that it’s you and yours, there must be an investigation:

House Majority Leader Steny Hoyer (D-Md.) said Tuesday he had “great concern” over news reports that Rep. Jane Harman (D-Calif.) was wiretapped during a federal probe into Israeli agents, and he vowed to personally look into whether there should be an investigation into wiretapping of Members of Congress.

“The stories that I’ve read give me great concern. I’m going to be in the process personally of finding out more about it and then, with the Speaker, determining what action, if any, needs to be taken,” Hoyer said Wednesday during a meeting with reporters.

Wanker.

Supreme Court Discovers the 4th Amendment

In Arizona v. Gant, by a 5/4 decision, the Supreme Court largely reversed New York v. Belton, which had said that a police officer could search a car when they arrested someone without probable cause.

It was an odd mix of judges too who voted in favor of the 4th amendment, Stevens, Souter,Ginsburg, Scalia(!) and Thomas (!!!).

Basically, the old rule was that if you arrested someone, you could search his car, and now the standard is, “police may search a vehicle without a warrant only when the suspect could reach for a weapon or try to destroy evidence, or when it is ‘reasonable to believe’ there is evidence in the car supporting the crime at hand.”

The other 4, including the 2GW Bush appointees, think that it will be too confusing, but it’s not: If you arrest someone for an expired license, or not seat belting their kids, and they are away from the car, you do not have authority to search it.

This ain’t rocket science.*

*Full Disclosure, in 1999-2000 and 1996-1998, I worked as a mechanical engineer for what is now Lockheed Martin Missiles and Fire Control, and I have some claim to actually having been a rocket scientist.

Park Dae-sun Acquitted

He is a prominent Korean economic blogger who was was brought up on charges for making dire predictions:

Mr. Park, an unemployed 31-year-old, gained an almost prophet-like status among many South Koreans after he correctly predicted the collapse of the U.S. investment bank Lehman Brothers, the crash of the South Korean currency — the won — and the effects on South Korea of the U.S. subprime mortgage crisis.

It appears that he also published some data in error, such as when he, “wrote that the government had banned financial firms and major companies from buying dollars in an effort to arrest the fall of the Korean won,” and the government charged him with, “spreading false data in public with a harmful intent,” and faced up to 5 years in prison. (!)

Considering my accuracy, I’d be facing life without parole.

Whiskey Tango Foxtrot??? They Wanted to Wiretap a Congressman Without a Warrant?

Well, we are seeing new revelations about the NSA warrantless spying program, and this one is a doozy:

While the N.S.A.’s operations in recent months have come under examination, new details are also emerging about earlier domestic-surveillance activities, including the agency’s attempt to wiretap a member of Congress, without court approval, on an overseas trip, current and former intelligence officials said.

(emphasis mine)

Great googly moogly!

This is why it needs to be pursued, and people need to be prosecuted, because this was not some sort of intelligence gathering operation, it was one of Dick Cheney’s moles trying to wiretap someone for political advantage.

The people who did this need to be rooted out, and have their clearances stripped, and senior folks who authorized this need to go to jail.

Goldman Sachs Lawfirm Goes Postal On Blogger

Lawyers for Goldman Sachs have gone postal on GoldmanSachs666.com, a website dedicated to criticizing the firm, and so their lawyers have sent a cease and desist letter against the blogger, despite the fact that there is a clear disclaimer, and there is no way to confuse the two sites:

My guess is that Goldman knows that there are a lot of people out there who have damning information, and they really don’t want a clearing house, but as soon as you send a C&D, you explode the exposure of the site.

Stupid, but intellect is not a requirement for a Wall Street banker. If it were, they would not have f%$#ed up the economy so badly.

Obama Embraces and Extends Bush Secrecy Fetish

In a response to the EFF’s lawsuit over illegal NSA wiretapping, the Obama has now responded with a claim for executive privilege that is more expansive than that of Bush and His Evil Minions&trade.

Basically, the Obama DOJ, and this is their ruling, this is the first filing in the case, is saying that, “the Patriot Act bars all causes of action for any illegal surveillance in the absence of “willful disclosure.'”

As Glenn Greenwald says in this analysius, “This is the Obama DOJ’s work and only its work, and it is equal to, and in some senses surpasses, the radical secrecy and immunity claims of the Bush administration.”

Lovely.

Orwell Alive and Well in the Obama Whitehouse

One of the things that concerns me the most is Obama’s comfort in continuing to support Bush’s assault on basic procedural civil rights because they serve to reinforce the power of what is now his office.

Case in point, the Pentagon’s “privilege review team”, which is now considering charges against a victim of the torture protocols created by the Bush Administration.

What they posted was a cover sheet naming the case, and quoting unclassified portions of a UK court ruling saying that it was up to the US to release it, followed by a version redacted by said privilege review team”, which blacked out everything but the title of their report, which is clearly stamped “unclassified”:

The privilege team argue that by releasing the redacted memo Reprieve has breached the rules that govern Guantánamo lawyers and have made a complaint to the court of “unprofessional conduct”.

Stafford Smith described their actions as intimidation, saying the complaint “doesn’t even specify the rule supposedly breached”.

So, according to someone at the Pentagon, by sending an unclassified document to the president of the United States of America, they are in violation of regulations, and could face as much as 6 months in jail.

Gay Marriage News

The Iowa Supreme Court rules gay marriage legal, and the Vermont house passed a same-sex marriage bill, though the governor is still talking about vetoing it, because it’s a distraction during the economic crisis.

Of course, the only way that it is a distraction is if he vetoes it, but he has to win a Republican primary with lots of bigots voting.

The idea that Vermont, which is highly dependent on tourism, would eschew this, which would give a boost to that industry, is, of course, nuts, but the Governor Jim Douglas is a ‘Phant, after all.

The down side to this is that we are going to be spending a lot more on wedding gifts.

But seriously, it stuns me how quickly the forces of reason and hope are beating back the voices of fear and bigotry.

Compared to the black civil rights movement, this is light speed.

Bagram Detainees Allowed to Petition for Habeas

Basically, the judge drew a distinction between people caught “on the battlefield” in Afghanistan and those caught elsewhere and transferred to Bagram.

Simply calling it a POW camp, particularly when you are not treating the detainees as POWs didn’t cut it for the judge.

Needless to say, the Obama administration is expected to appeal this decision, in yet another case of going to the wall to support Bush era assaults on civil rights.

Our Man in Afghanistan

Hamid Karzai, whose incompetence and corruption is such that he is now appealing to the most backward of religious impulses, because there is no other reason to vote for him, has just signed into law a measure that legalizes marital rape:

In a massive blow for women’s rights, the new Shia Family Law negates the need for sexual consent between married couples, tacitly approves child marriage and restricts a woman’s right to leave the home, according to UN papers seen by The Independent.

Hamid Karzai, yet another gift that keeps on giving from Bush and His Evil Minions.