Category: Civil Rights

An Interesting Twist on the Texas Polygamist Case

I really haven’t followed the story closely, but there appears to be an interesting development.

There are now indications that the 16 year old bride, the girl who allegedly made the phone call to authorities which resulted in the court order, may not exist.

It appears that authorities have been able to locate the girl, and the day after the raid, a similar call was made regarding another FLDS compound in Arizona.

This may make criminal prosecutions difficult.

The War on Privacy

The folks at TPM have found another Yoo memo, this one only 37 pages long, and discovered that one of the conclusions there was that the 4th amendment, which protects against “unreasonable search and seizure” did not apply in anti-terror investigations.

Seriously, these guys had no concept as to the rule of law. They really hate everything that out founding fathers worked for.

The memo is no longer in effect, but little known state agencies known as “fusion centers” have been sucking up every bit of personal data they can find:

  • New York and other states also tap into a Federal Trade Commission database with information about hundreds of thousands of identity-theft reports.
  • Pennsylvania buys credit reports and uses face-recognition software to examine driver’s license photos.
  • Rhode Island has access to car-rental databases
  • Maryland, authorities rely on a little-known data broker called Entersect, which claims it maintains 12 billion records about 98 percent of Americans, including cell phone records.

See the ACLU report here.

Telco Immunity Deal

It appears now that name calling, invocations of 911, and threats of dire political consequences to Democratic members of Congress, it appears that Bush and His Evil Minions are willing to negociate in food faith.

Honestly, I don’t trust them, but it’s clear that something has changed:

The White House’s more conciliatory posture reflects a recognition that the Bush administration’s leverage on national-security matters has slipped since this past summer, a top Republican congressional aide said. “There’s a recognition that if they’re actually going to get a product they can support, there’s going to have to be some new level of engagement,” the aide said.

Pa4rt of this, IMSNHO, was that Representatives got many enthusiastic high fives from constituents when they left for the recess, and part of it is because it is increasingly clear that DNI Mike McConnell is a lying sack of sh*% (like his lying about telcos refusing to wiretap) who does nothing but carry water for Bush.

There is talk of a compromise along the lines of something like limits on liability, or some sort of government indemnification (which was probably already part of the deal).

I don’t object to indemnification or damage limits, there are precedents for this, and it would not have the effect of covering up Bush’s law breaking.

What worries me is that Steny Hoyer is point man on this, and when the going gets tough, he folds like overcooked broccoli.

Illegal Wiretap Bill

It is now being reported that, after having thrown everything at the Congressional Democrats but the kitchen sink, Bush is trying to adopt a more conciliatory attitude on the FISA update.

You’ve accused Pelosi and Reyes of everything short of buggering goats, and now it’s time to make nice.

Bush does not get it. The congressional Democrats stood up to him before the recess, and when they got back to their home districts, their constituents basically high fived them for standing up to him.

They realize that standing up to Mr. 19% is a political winner, so you have to convince them of the benefit to the public good of your proposals.

Bush’s problem is that there is no public good to telco immunity. It’s not about the public good. It’s about keeping Bush and His Evil Minions out of jail.

Telco immunity is important to Bush because Bush illegally coerced the telecommunications companies to Hoover the phone and internet well before 911, and if it comes out in court, he goes to jail, as do many of his cronies.

Even the MSM is getting it now, with the LA Times describing DNI Michael McConnell’s behavior at a retreat with members of the House Intelligence Committee as being water carrying for the administration.

Took them long enough. He has been lying, and lying in ways that can be disproved in a few minutes with “the Google”, for months now, and the press is finally starting to notice.

All of this lot need to go on trial after January. The pardon of Nixon has created a cult of impunity among Republicans that needs to be shut down.

‘State secrets’ privilege fuels surveillance bill battle – Yahoo! News

In the discussion of the House FISA bill, I’ve frequently discussed the telco immunity, it also represents a a significant change to the much abused state secrets privilige.

It now requires that evidence be presented to the judge, though not the litigants.

This is important because the state secrets privilege has been rotten to its core from its first use, which the Supreme Court heard as U.S. v. Reynolds, that had no actual state secrets involved.

The government just lied to the court in claiming that the B-29 involved in a crashwas on a secret mission, when the aircraft was not on a secret mission.

They simply did not want to admit that the crash was caused by grossly negligent maintenance.

The state secrets privilege should be abolished.

HouseTelco Free Fisa Bill

From The Gavel, Pelosi’s Blog:

House Passes FISA Amendments Act
March 14th, 2008 by Jesse Lee

The House has just passed the House amendment to the Senate amendment to H.R. 3773, to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes, by a vote of 213-197-1. The revised House legislation to amend FISA grants new authorities for conducting electronic surveillance against foreign targets while preserving the requirement that the government obtain an individualized FISA court order, based on probable cause, when targeting Americans at home or abroad. The House bill also strongly enhances oversight of the Administration’s surveillance activities. Finally, the House bill does not provide retroactive immunity for telecom companies but allows the courts to determine whether lawsuits should proceed.

You can find the vote here.

In the anti-American crowd (Nays), you have 12 Democrats, including Lampson and Shuler.

Nick Lampson I keep getting emails from, because he bought Richard Morrison’s mailing list when he took over the campaign.

As to Heath Shuler, he was an overpaid, no brain, no guts punk when he played for the Redskins, and he’s an overpaid no brain, no guts punk now.

Truths in Life: Law Enforcement Agencies will ALWAYS Abuse Survelliance Abilities

In this case, we have the FBI using national security letters, which require no judicial review, as a giant Hoover to spy on tens of thousands of Americans illegally.

What’s more, when they were informed that this was illegal, they engaged in an orgy of illegal ass-covering:

This created a backlog of records that the F.B.I. had obtained without going through proper procedures. In response, the letter said, the F.B.I. devised a plan: rather than issuing national security letters retroactively for each individual investigation, it would issue the blanket letters to cover all the records obtained from a particular phone company.

Lets be clear. This is not the exception, this is the rule. It is the basic place that any part of the state security apparatus is coming from, and it has been since well before the founding of the Republic.

These sorts of situational ethics are simply part of the mindset.

House to Hold Closed Session over FISA Update

This is not a common event, and if you have a “blue dog” representative, call him, and make it clear that you will never vote for him for anything under any circumstances if he approves Telco immunity.

I’m still not sure what put some spine in the House dems, but when Pelosi is saying things like, “the president is wrong, and he knows it“, it’s clear that something has given them the will to resist Mr. Nineteen percent.

My theory is that when they left without passing telco immunity, they were overwhelmed at the support that they received, and that they realize that opposing Bush on anything for any reason is a winning tactic.

Of course, Senator Rockefeller is still determined to put telco immunity back in there. My guess is that he was briefed and signed off on it, and thinks that it will harm him politically.

Unexplained Testicle Sighting Among Congressional Democrats

The house is completely defying Bush on the FISA wiretap update proposal.

Instead of immunity, they are putting forward giving, “the federal courts special authorization to hear classified evidence and decide whether the phone companies should be held liable.” Meaning that their answer to Bush’s demand for a coverup is even more judicial overview with regard to spying on Americans.

Word that I’ve read is that the freshman Democrats are very opposed to immunity, and my not so educated guess is that when they went on recess, that the reps got hundreds, if not thousands, of “attaboys” from theid constituents.

The Bush administration hates the bill, and the response for John Conyers and Sylvestre Reyes is brutal:

The Administration, which has refused to even attend negotiation sessions between the House and the Senate, has now apparently launched another round of scare tactics and falsehoods. The American people expect government officials to wrestle with these difficult issues and reach common sense solutions that protect Americans from terrorism and preserve our civil liberties. Unfortunately, the President’s advisors seem more inclined to issue ‘my way or the highway’ press releases concerning a bill the Administration hasn’t even read. The Congress will continue to give this issue the careful consideration it deserves and we hope the Administration will change course and join us in this effort.

I don’t know who put some steel in their spine, but it feels good.

FWIW, Patrick Leahy, chairman of the Senate Judiciary Committee, who got bunked by Reid on immunity, likes the House bill too.

So does the EFF.

Just When You Think that Drug Companies Can’t Get Any More Contemptible

Pfizer is going to court to try and force the New England Journal of Medicine (NEJM) to reveal the names of its anonymous peer reviewers.

They are trying to subvert the most basic principal of scientific journals, the peer review process, and making the bogus claim that “Scientific journals such as NEJM may have received manuscripts that contain exonerating data for Celebrex and Bextra which would be relevant for Pfizer’s causation defence,” for cases involving its Cox-2 inhibitors Celebrex and Bextra.

One hopes that the just slaps them down.