Category: Civil Rights

The Definition of a Good Journalist………

When I muse on the difference between a journalist and a stenographer, I can think of no better example than Jason Mojica’s paean to Mohammed Fahmy, Jailed Al Jazeera Journalist Is Actually Kind of a Dick:

This may surprise you, but Mohammed Fahmy, the imprisoned Al Jazeera English journalist who on Friday was awarded the World Press Freedom Award, is actually kind of a dick.

And I’m sure he feels the same way about me.

A couple of years before he and his colleagues Peter Greste and Baher Mohamed were arrested in Cairo and accused of running a terrorist cell from their rooms at the Marriott, I worked with Fahmy on a story I produced for VICE News. It was July 2011 and the toppling of President Hosni Mubarak earlier in the year hadn’t brought the sea change that Egyptians were hoping for. Protesters were expected to return to Tahrir Square in what was being dubbed, “Egypt’s Second Revolution.” The very short version of this story is that we were having trouble getting all of the elements of the story we were after when we met Fahmy who offered his services as a fixer. Now, we already had a fixer in Cairo, but I was willing to try anything at that point, so I hired Fahmy for a day to see what he could do. He delivered, but he didn’t gel with me and my crew. At the end of a very long day of shooting, we were happy to part ways.

………

He ran the story, names and all, which pissed me off. We traded shitty BBMs [Blackberry Messenger] back and forth, and I came away thinking of him as a pushy, bull-headed bastard who cared more about getting a story out than for the people who that story was about.

In other words, a damn good journalist.

Journalists are people whose jobs it is to find out things that people don’t necessarily want them to find out. That often requires a type of aggression and self-righteous determination that rubs people the wrong way. And that’s one of the reasons we need to change the way we talk about press freedom.

While we like to lionize journalists as noble truth seekers serving the public good, for those on the other side of their aggressive reporting, they are a f%$#ing nightmare. So when journalists get detained, our knee-jerk moral indignation means f%$#-all to the people who see those journalists as a threat. Wagging our finger at them in the hope that they’ll suddenly come around to our way of thinking is naïve.

(%$# mine)

Reporters are supposed to be a pain in the ass.

When reporters become accepted members of polite society, they become eunuchs in the court of the Sultan.  (See Woodward, Robert)

They are supposed to be unsuited for polite society.

And Our Forever War Continues………

Under the laws of war, once the war is over, the POWs are set free. Well, not this time:

Typically, when a war ends, so does the combatants’ authority to detain the other side’s fighters. But as the conclusion of the US war in Afghanistan approaches, the inmate population of Guantánamo Bay is likely to be an exception – and, for the Obama administration, the latest complication to its attempt to close the infamous wartime detention complex.

In December, when President Barack Obama and his Nato allies formally end their combat role in Afghanistan, US officials indicate there is unlikely to be a corresponding release of detainees at Guantánamo who were captured during the country’s longest conflict.

The question has been the subject of recent internal debate in the Obama administration, which is wrapped up in the broader question of future detention policy.

Already human rights groups and lawyers for the detainees say they anticipate filing a new wave of lawsuits challenging the basis for a wartime detention after the war ends – the next phase in more than a decade of attempts to litigate the end of indefinite detention.

For the White House, the Justice Department and the Pentagon, the complicating factor is the unique legal authority undergirding the Afghanistan war.

Passed by Congress days after the terrorist attacks of 11 September 2001, the Authorization to Use Military Force cleared the legal path for the invasion of Afghanistan – and much more.

Known as the AUMF, its broad language blessed not only the Afghanistan war, but a global battle against al-Qaida without an expiration date. Subsequent interpretations of the AUMF broadened the definition of the adversary to include al-Qaida’s “associated forces”.

If they are not released when the war is over, then try them in civilian courts.

This state if nebulous never-ending war is destroying us.

Osama bin Laden is sitting somewhere laughing.

Haterz Stop Hatin When It’s Them and Theirs

The lawyer who defended the H8 amendment (Prop 8) in California, has “evolved” now that his daughter has come out:

The lawyer who argued before the Supreme Court in favour of upholding California’s ban on gay marriage learned while he was handling the case that one of his children is gay and now is helping her plan her wedding with another woman.

Attorney Charles Cooper says his view of same-sex marriage is evolving after having argued in court that gay unions could undermine marriages between a man and a woman.

The revelation is an unexpected footnote in the years-long debate over Proposition 8, the California measure struck down by the Supreme Court last year. It is also offers a glimpse, through the eyes of one family, of the country’s rapidly shifting opinions of gay marriage, with most public polls now showing majorities in favour of allowing the unions.

Cooper learned that his stepdaughter Ashley was gay as the Proposition 8 case wound its way through appellate court, according to a forthcoming book about the lengthy legal battle. And with the Supreme Court ruling now behind him, Cooper cast his personal opinion on gay marriage as an evolving process.

“My views evolve on issues of this kind the same way as other people’s do, and how I view this down the road may not be the way I view it now, or how I viewed it ten years ago,” Cooper said in journalist Jo Becker’s book “Forcing the Spring: Inside the Fight for Marriage Equality.”

Seriously, how many times has this happened?

They hate, and they want to make sure that the rest of society hates too, and then they discover that a loved one is gay, and they “reevaluate” their position on civil rights.

Seriously, why are conservatives solipsistic assholes?

I think that I just answered my own question.

H/t Joe.My.God.

New York City Racial Profiling Police Unit Shuttered

Yes, Bill de Blasio being the Mayor of New York City makes a difference:

The New York Police Department has abandoned a secretive program that dispatched plainclothes detectives into Muslim neighborhoods to eavesdrop on conversations and built detailed files on where people ate, prayed and shopped, the department said.

The decision by the nation’s largest police force to shutter the controversial surveillance program represents the first sign that William J. Bratton, the department’s new commissioner, is backing away from some of the post-9/11 intelligence-gathering practices of his predecessor. The Police Department’s tactics, which are the subject of two federal lawsuits, drew criticism from civil rights groups and a senior official with the Federal Bureau of Investigation who said they harmed national security by sowing mistrust for law enforcement in Muslim communities.

To many Muslims, the squad, known as the Demographics Unit, was a sign that the police viewed their every action with suspicion. The police mapped communities inside and outside the city, logging where customers in traditional Islamic clothes ate meals and documenting their lunch-counter conversations.

The program was evil and un-American, and played right into the hands of people who might actually be intending to do harm to the United States, because it alienated people from our law enforcement.

This is Complete and Total Contempt for the Law and Civil Rights

Not only was the FBI spying on the defense counsel at the kangaroo courts military tribunals at Guantánamo, they actually flipped a member of the defense team with access to all their documents into an informant:

The US government’s troubled military trials of terrorism suspects were dealt another blow on Monday when proceedings were halted after an allegation surfaced that the Federal Bureau of Investigation turned a member of a 9/11 defendant’s defense team into a secret informant.

Judge James Pohl, the army colonel overseeing the controversial military commission at Guantánamo, gaveled a hearing out of session after barely 30 minutes on Monday morning, following the revelation of a motion filed by the defense stipulating that the FBI approached an unidentified member of the team during the course of an investigation into how a manifesto by accused 9/11 architect Khalid Shaikh Mohammed found its way to the media.

Defense attorneys argued the government plunged them into a potential conflict of interest, as they would need to potentially defend themselves against a leak investigation, risking their ability to put their clients’ legal needs ahead of their own.

They implored Pohl to investigate, and if necessary, assign their clients with new independent counsel to advise the defendants about the existence and implications of conflict of interest. That could be a lengthy process – potentially the next delay for a proceeding that has yet to get out of the pretrial stage nearly two years after the latest incarnation of the 9/11 military trials began.

“We have an impossible situation in terms of representing our client … on any issue,” said James Harrington, a civilian attorney for Mohammed’s co-defendant Ramzi bin al-Shibh in the case, which carries the death penalty.

………

On 6 April two FBI agents approached the defense security officer assigned to bin al-Shibh’s defense team with a document that “in essence, seeks to enlist defense personnel” in an inquiry into the manifesto leak, said Walter Ruiz, an attorney for co-defendant Mustafa Ahmed al-Hasawi.

Harrington said the unnamed security officer, a contractor for the firm SRA International, had signed the document, which was written to indicate the start of an “ongoing” relationship with the bureau.

A defense security officer is a non-lawyer assigned by the commission’s convening authority to advise the defense team on the handling of classified information, among other issues. The officer would have had “unlimited access to our files,” Harrington said, although not to those of the other legal teams.

The presiding officer has adjourned hearings to determine who else might have been turned into a government agent. Of note is that even though the prosecution denies knowledge of any FBI investigation, “Joanna Baltes, an absent member of the prosecution team who recently became chief of staff to FBI deputy director Mark Giuliano, played a role in the FBI involvement.” (emphasis mine)

Yea, sure, no collusion between the FBI and the Prosecutors at Guantánamo.  None at all. (Not)

On every single level, the military commissions have been a failure.

It was created to generate guaranteed convictions, and in so doing it eschewed the hundreds of years of developments that created the modern Unified Code of Military Justice, and the nearly 800 years of development of legal process that began with the Magna Carta.

These proceedings are an embarrassment to the nation which diminishes our stature throughout the world while serving as a highly effective recruiting tool for extremists,

And the NSA is Spying on Human Rights Organizations Because ………

I’ve made the point that the NSA cannot be trusted to decide upon whom it spies, because its cultural imperative is to spy on Everyone.

Case in point, NSA spying on human rights advocacy groups:

The US has spied on the staff of prominent human rights organisations, Edward Snowden has told the Council of Europe in Strasbourg, Europe’s top human rights body.

Giving evidence via a videolink from Moscow, Snowden said the National Security Agency – for which he worked as a contractor – had deliberately snooped on bodies like Amnesty International and Human Rights Watch.

He told council members: “The NSA has specifically targeted either leaders or staff members in a number of civil and non-governmental organisations … including domestically within the borders of the United States.” Snowden did not reveal which groups the NSA had bugged.

The assembly asked Snowden if the US spied on the “highly sensitive and confidential communications” of major rights bodies such as Amnesty and Human Rights Watch, as well as on similar smaller regional and national groups. He replied: “The answer is, without question, yes. Absolutely.”

Snowden, meanwhile, dismissed NSA claims that he had swiped as many as 1.7m documents from the agency’s servers in an interview with Vanity Fair. He described the number released by investigators as “simply a scare number based on an intentionally crude metric: everything that I ever digitally interacted with in my career.”

The NSA is supposed to operate in a manner that serves the greater needs of the state.

The problem is that it is incapable of making a determination.  It’s like a mindless vacuum cleaner sucking up data whether it serves our needs or not.

This is why it is incumbent on the civilian leadership cannot let the NSA on a loose leash.

Mozilla Cuts Its Losses

Brendan Eich is out as Mozilla Corporation CEO:

Less than two weeks after drawing controversy over his appointment as CEO of the Mozilla Corporation, Brendan Eich has resigned from the position.

In a post at Mozilla’s official blog, executive chairwoman Mitchell Baker confirmed the news with an unequivocal apology on the company’s behalf. “Mozilla prides itself on being held to a different standard and, this past week, we didn’t live up to it,” Baker wrote. “We didn’t act like you’d expect Mozilla to act. We didn’t move fast enough to engage with people once the controversy started. We’re sorry. We must do better.”

The action comes days after dating site OKCupid became the most vocal opponent of Eich’s hiring. Mozilla offered repeated statements about LGBT inclusivity within the company over the past two weeks, but those never came with a specific response from Eich about his thousands of dollars of donations in support of Proposition 8, a California ballot measure that sought to ban gay marriage in the state.

Eich’s bigotry has been an issue before, and for some reason known only to the Flying Spaghetti Monster, they decided to make him the face of the organization.

It was further compounded when Eich refused to offer anything vaguely resembling a sincere apology, and instead offered platitudes about how tolerant people needed to validate his bigotry.

Don’t let this door hit your ass on the way out.

When Someone Defines Tolerance as Accepting His Own Bigotry, He is a Hypocrite and a Fool

Case in point, the self-immolation of Mozilla because they chose to hire an homophobic bigot as CEO:

Mozilla named a new chief executive this week to lead the non-profit Web organization as it tries to keep its Firefox browser relevant in the mobile age. The appointment has proved controversial in more ways than one.

Three Mozilla board members resigned over the choice of Brendan Eich, a Mozilla co-founder, as the new CEO. Gary Kovacs, a former Mozilla CEO who runs online security company AVG Technologies; John Lilly, another former Mozilla CEO now a partner at venture-capital firm Greylock Partners; and Ellen Siminoff, CEO of online education startup Shmoop, left the board last week.

The departures leave three people on the Mozilla board: co-founder Mitchell Baker; Reid Hoffman, co-founder of LinkedIn, and Katharina Borchert, chief executive of German news site Spiegel Online.

The three board members who resigned sought a CEO from outside Mozilla with experience in the mobile industry who could help expand the organization’s Firefox OS mobile-operating system and balance the skills of co-founders Eich and Baker, the people familiar with the situation said. They did not want to be identified because they are not authorized to speak publicly about the matter.

Mozilla spokesman Mike Manning confirmed the three remaining board members, but he declined to comment further on Friday. He did not immediately respond to a request to speak to Eich and Baker.

………

The board departures are not the only source of early pressure on the new Mozilla CEO. Some employees of the organization are calling for Eich to step down because he donated $1,000 to the campaign in support of Proposition 8, a 2008 California ballot measure that banned same-sex marriage in the state.

“I do not support the Board’s appointment of @BrendanEich as CEO,” Kat Braybrooke, a curation and co-design lead at the organization, wrote on Twitter on Thursday:

The problem is that Brendan Eich have $1000 to the H8 amendment, aka Proposition 8, the anti-gay marriage initiative in California, and when this was revealed, his response was to suggest that people should be more tolerant about this.

That is complete bullsh%$.

While I agree with 1st amendment argument  protecting his right to engage in this sort of speech, it is wrong to suggest that his opponents should accept him to, “make Mozilla a place of equality and welcome for all.”

Social, opprobrium is precisely the sort of response that comes from an open marketplace of ideas.

Recep Tayyip Erdogan is Toast

There has been a lot going in Turkey.

There is a recording that allegedly has the Turkey’s PM taking about a corruption coverup with his son.

About a week ago, when this went viral, Turkey blocked Twitter, and today, they blocked YouTube.

There is a point in every scandal when its target goes a little bit nuts, and Erdogan has hit this point.

This stage is characteristic of the end-game.

I don’t know whether it will be his party, or the opposition, or the Turkish military who will take him down, but down he will be taken.

I Really Hope That This Happens

The Supreme Court has declined to hear a case from Delaware which effectively makes arbitration hearings there open to the public:

The Supreme Court on Monday cleared the way for the public and the press to sit in on arbitration of business disputes in Delaware, when a state judge acts as the arbitrator. That was the result of the Court’s denial of an appeal by a group of Delaware judges, seeking to keep those proceedings closed to the public. If business firms do not like having a public audience, that could limit or even kill a four-year-old Delaware experiment.

That was one of several denials of review in significant cases. In addition, the Court agreed to add to its decision docket for next Term a new case on the appeal rights of state prisoners in federal habeas courts. It also sought the U.S. government’s views on the deadline for filing a lawsuit claiming that the manager of a retirement plan made faulty investment decisions, and on the right of an investor to sue over the filing of a defective stock registration statement, when the investor acquired an interest in the stock before such a statement existed.

The Court offered no explanation, as usual, when it decided against reviewing the Delaware arbitration case, Strine v. Delaware Coalition for Open Government.

Ordinarily, arbitration proceedings are not public events, because they are a way to resolve private legal disputes without the formality of a court trial and without much of the expense of hiring trial lawyers and of paying for pre-trial and trial maneuvering. Delaware’s legislature wanted to keep arbitration a closed matter when it decided, in 2009, to allow state judges to take on the task of arbitrator in a closed system.

The U.S. Court of Appeals for the Third Circuit ruled, however, that this would turn arbitration into something like a civil courtroom trial, so they had to be open to the public and the press under a string of Supreme Court precedents on the right of First Amendment access to court proceedings.

Considering Delaware’s history of whoring for shady corporate entities, I expect to see a rewrite of the law to once again favor corporations, but it’s nice to see some more push-back against the corrupt and blatantly unfair arbitration which we are saddled with in the United States.

Liar

In a photo-op with Democratic members of Congress, Barack Obama was asked about the allegations that the CIA hacked into Senate Intelligence Committee computers and threaten the committee staff, Obama let loose with this one of the most blatant lies I’ve heard in a long time:

Since that time, we have worked with the Senate committee so that the report that they are putting forward is well-informed, and what I’ve said is that I am absolutely committed to declassifying that report as soon as the report is completed. In fact, I would urge them to go ahead and complete the report, send it to us. We will declassify those findings so that the American people can understand what happened in the past, and that can help guide us as we move forward.

Seems innocuous, but as Kevin Drum observes, “Last I heard, the report was completed in 2012. The CIA responded last June. Dianne Feinstein has been pushing for declassification of at least the report’s executive summary every since.”

Much like his statement that he welcomed the debate on spying on American citizens engendered by the Snowden leaks, this latest statement is a lie.

If Obama had any interest in releasing an unclassified version of the Senate report, it would be out now, but he does not want it released, because the details on torture in the report are allegedly even more grisly, and far less effective, than what has already been made public.

If these details come out will make it difficult for Obama to keep ignoring the moral and constitutional issues raised by the mindless and useless brutality that was done in our name.

That’s inconvenient, so Barack Obama wants it to go away.

A portrait in cynicism and cowardice.

Barack Obama, What’s Your F%$#ing Problem?

OK, we now know that the CIA is accused of spying on and breaking into Congressional computers. We also know, thanks to Dan Froomkin, that John Brennan wrote a letter admitting that they hacked into the Senate staffers’ computers:

Brennan, in his own remarks after Feinstein’s speech on Tuesday, vaguely ridiculed allegations of CIA “hacking” and said that “when the facts come out on this, I think a lot of people who are claiming that there has been this tremendous sort of spying and monitoring and hacking will be proved wrong.” But nothing he said actually disputed Feinstein’s version of events.

And as Michael Masnick reported for Techdirt, a January 27 letter to Feinstein that Brennan  sent out to CIA staff on Tuesday actually confirmed the search, though Brennan described it — and the need for it — in the context of concern about a security breach:

Because we were concerned that there may be a breach or vulnerability in the system for housing highly classified documents, CIA conducted a limited review to determine whether these files were located on the SSCI [Senate Select Committee on Intelligence] side of the CIA network and reviewed audit data to determine whether anyone had accessed the files, which would have been unauthorized.

And he said he wasn’t done. “Only completion of the security review will answer how SSCI staff came into possession of the documents,” he wrote, saying that he had only “temporarily” suspended further action until getting Feinstein’s consent.

The “breach” in question concerned the committee staff’s possession of an internal CIA review of the materials the agency had previously turned over to Feinstein’s committee during the course of the four-year congressional investigation into the Bush-era torture practices.

What is Barack Obama’s response?  Abuses by the CIA are someone else’s problem:

Barack Obama sought to distance the White House from the fierce dispute between top senators and the Central Intelligence Agency on Wednesday, claiming it would be inappropriate for his administration to become involved the clash over an investigation into the use of torture in post-9/11 interrogations.

In the president’s first remarks about the dispute since Dianne Feinstein, the chairwoman of the Senate intelligence accused the CIA of a cover-up and intimidation directed at her staff, Obama said it was not a matter for the White House to “wade into at this point”.

This is something that you don’t “wade into at this point”?  Seriously?  How can this not be a matter that you need to “wade into at this point”?

You are the HMFIC.*  Do your F%$#ing job, and take charge!

The chief counsel of the CIA’s review of the Senate report is a subject of the investigation whose name is mentioned 1600 times.

This person also attempted to intimidate Senate staffers by filing a bogus criminal complaint.

And the head of the CIA, John Brennan is saying that everything is hunky-dory.

You are F%$#ing President of the F%$#ing United States of F%$#ing America.  How the F%$ is this not your F%$#ing job?

I don’t care how F%$#ing awsome you F%$#ing think you F%$#ing are, your mere existence does not constitute the “Hope” or the “Change” that have figured so prominently in your messaging.

Why the f%$# did you run to be President if you somehow don’t think that this this is not your f%$#ing job?

*Head Mother F%$#er In Charge.

We Now Get the Chance to See How Much Corruption Barack Obama will Tolerate in the State Security Apparatus

We have know that the President tolerated it when Director of National Intelligence James Clapper blatantly and unashamedly lied to Congress, but this is a much bigger deal.

Dianne Feinstein* just took to the floor of the Senate and accused the CIA of obstructing a senate investigation and attempting to intimidate the Senate Intelligence Committee Staff:

The chairwoman of the Senate intelligence committee, Dianne Feinstein, on Tuesday accused the Central Intelligence Agency of a catalogue of cover-ups, intimidation and smears aimed at investigators probing its role in an “un-American and brutal” programme of post-9/11 detention and interrogation.

In a bombshell statement on the floor of the US Senate, Feinstein, normally an administration loyalist, accused the CIA of potentially violating the US constitution and of criminal activity in its attempts to obstruct her committee’s investigations into the agency’s use of torture. She described the crisis as a “defining moment” for political oversight of the US intelligence service.

Her unprecedented public assault on the CIA represented an intensification of the row between the committee and the agency over a still-secret report on the torture of terrorist suspects after 9/11.

Feinstein, who said she was making her statement “reluctantly”, confirmed recent reports that CIA officials had been accused of monitoring computer networks used by Senate staff investigators. Going further than previously, she referred openly to recent attempts by the CIA to remove documents from the network detailing evidence of torture that would incriminate intelligence officers.

She also alleged that anonymous CIA officials were effectively conducting a smear campaign in the media to discredit and “intimidate” Senate staff by suggesting they had hacked into the agency’s computers to obtain a separate, critical internal report on the detention and interrogation programme.

While it is tempting to focus on the obvious irony of Feinstein’s outrage in the face of her previous full throated support of intellligence excesses, as Edward Snowden does, this is a much bigger issue.

If what Feinstein alleges is true, and I am inclined to believe it because it is a statement against her normal interests, which is as a CIA fanboi, it lends credibility.

Going over her speech, here is what she presents:

  • The Senate Intelligence Committee demanded that all relevant documents be turned over to them so that they might be able to investigate the CIA’s torture program.
  • The CIA balked, and so the committee and then CIA Director Leon Panetta negotiated an arrangement whereby the staff would access these documents at a CIA secured facility.  Here is the relevant quote:

Per an exchange of letters in 2009, then-Vice Chairman Bond, then-Director Panetta, and I agreed in an exchange of letters that the CIA was to provide a “stand-alone computer system” with a “network drive” “segregated from CIA networks” for the committee that would only be accessed by information technology personnel at the CIA—who would “not be permitted to” “share information from the system with other [CIA] personnel, except as otherwise authorized by the committee.”

  • Unsurprisingly, the CIA provided the documents without any sort of index or any search facility, though one was later added at Senate requests
  • It was this computer system that the CIA searched, in contravention of their agreement.
  • The CIA also insisted on additional multiple level levels of review that were not a part of the agreement.
  • When the staff found something relevant, they would save it to disk at the securely located computer, or print it out.
  • The staff found that documents that they had flagged as important were disappearing.
  • The CIA denied this, then blamed the IT staffers, and finally claimed that this was ordered by the White House, who denied this, and ordered the CIA to cooperate, “The matter was resolved with a renewed commitment from the White House Counsel, and the CIA, that there would be no further unauthorized access to the committee’s network or removal of access to CIA documents already provided to the committee.
  • In 2010, the staff found a draft of the “Internal Panetta Review,” an internal review that Panetta commissioned by on torture that demolished the official CIA response to the (as yet unreleased) Senate report.  It specifically contradicted the official report in a number of ways, most notably:
    • The practices were far more brutal that officially revealed.
    • There was no meaningful intelligence derived from torture
  • Because of the importance of the document, it mirrored the Senate Committee conclusions, the staff printed it out for safe keeping, and placed it in the secure safe in the Senate Intelligence Committee Offices.  This was done in accordance with the document handling procedures agreed between the CIA and Intel Committee.
  • The CIA then disappeared the Panetta report from the Senate staffers computers.
  • The CIA has still refused to supply the Panetta Review to the Senate.
  • On January 15, 2014, “CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications.”
    • Note that even if this does not qualify as obstructing a Congressional investigation (I think that it does), it is a violation of the law for the CIA to conduct surveillance in the US   If they needed to search the computers (assuming that Congressional immunity does not apply) they would have to go the the FBI. (Which they must have hated)
  • The CIA has refused to provide additional details on the scope of the search, which, “May also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.”
  • The CIA’s Inspector General looked at the searches done by the CIA, and concluded that they needed to be investigated criminally, and made a referral to the DoJ.
  • In response, the acting general counsel of the CIA made a criminal referral of the Senate staffers to the DOJ.

Here is the money quote:

I should note that for most, if not all, of the CIA’s Detention and Interrogation Program, the now acting general counsel was a lawyer in the CIA’s Counterterrorism Center—the unit within which the CIA managed and carried out this program. From mid-2004 until the official termination of the detention and interrogation program in January 2009, he was the unit’s chief lawyer. He is mentioned by name more than 1,600 times in our study.

And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff—the same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.

(emphasis mine)

While Feinstein does not mention the counsel’s name, it is public knowledge that the CIA’s acting general counsel is Robert Eatinger, who among other things, Authorized the Destruction of the CIA Torture Tapes Against the Instructions of the Bush White House and the Director of National Intelligence.

The White House response is a a statement of, “Great Confidence,” in CIA director John Brennan.  So Obama wants to keep this guy.

As I have said before, the worst constitutional law professor ever.

I expect further stonewalling on the part of both the CIA and the Obama administration.

What should happen is that Eatinger should be placed on leave, and his security clearance should be suspended, but I imagine that he will continue to do damage to the Constitution of the United States, and then he will retire with a full pension.

*Full disclosure, my great grandfather, Harry Goldman, and her grandfather, Sam Goldman were brothers.

Full speech follows:

Statement on Intel Committee’s CIA Detention, Interrogation Report

Washington—Senate Intelligence Committee Chairman Dianne Feinstein (D-Calif.) today spoke on the Senate floor regarding the committee’s study on the CIA Detention and Interrogation Program:

“Over the past week, there have been numerous press articles written about the Intelligence Committee’s oversight review of the Detention and Interrogation Program of the CIA, specifically press attention has focused on the CIA’s intrusion and search of the Senate Select Committee’s computers as well as the committee’s acquisition of a certain internal CIA document known as the Panetta Review.

I rise today to set the record straight and to provide a full accounting of the facts and history.

Let me say up front that I come to the Senate Floor reluctantly. Since January 15, 2014, when I was informed of the CIA’s search of this committee’s network, I have been trying to resolve this dispute in a discreet and respectful way. I have not commented in response to media requests for additional information on this matter. However, the increasing amount of inaccurate information circulating now cannot be allowed to stand unanswered.

The origin of this study: The CIA’s detention and interrogation program began operations in 2002, though it was not until September 2006, that Members of the Intelligence Committee, other than the Chairman and Vice Chairman, were briefed. In fact, we were briefed by then-CIA Director Hayden only hours before President Bush disclosed the program to the public.

A little more than a year later, on December 6, 2007, a New York Times article revealed the troubling fact that the CIA had destroyed videotapes of some of the CIA’s first interrogations using so-called “enhanced techniques.” We learned that this destruction was over the objections of President Bush’s White House Counsel and the Director of National Intelligence.

After we read about the tapes’ destruction in the newspapers, Director Hayden briefed the Senate Intelligence Committee. He assured us that this was not destruction of evidence, as detailed records of the interrogations existed on paper in the form of CIA operational cables describing the detention conditions and the day-to-day CIA interrogations.

The CIA director stated that these cables were “a more than adequate representation” of what would have been on the destroyed tapes. Director Hayden offered at that time, during Senator Jay Rockefeller’s chairmanship of the committee, to allow Members or staff to review these sensitive CIA operational cables given that the videotapes had been destroyed.

Chairman Rockefeller sent two of his committee staffers out to the CIA on nights and weekends to review thousands of these cables, which took many months. By the time the two staffers completed their review into the CIA’s early interrogations in early 2009, I had become chairman of the committee and President Obama had been sworn into office.

The resulting staff report was chilling. The interrogations and the conditions of confinement at the CIA detention sites were far different and far more harsh than the way the CIA had described them to us. As result of the staff’s initial report, I proposed, and then-Vice Chairman Bond agreed, and the committee overwhelmingly approved, that the committee conduct an expansive and full review of CIA’s detention and interrogation program.

On March 5, 2009, the committee voted 14-1 to initiate a comprehensive review of the CIA Detention and Interrogation Program. Immediately, we sent a request for documents to all relevant executive branch agencies, chiefly among them the CIA.

The committee’s preference was for the CIA to turn over all responsive documents to the committee’s office, as had been done in previous committee investigations.

Director Panetta proposed an alternative arrangement: to provide literally millions of pages of operational cables, internal emails, memos, and other documents pursuant to the committee’s document requests at a secure location in Northern Virginia. We agreed, but insisted on several conditions and protections to ensure the integrity of this congressional investigation.

Per an exchange of letters in 2009, then-Vice Chairman Bond, then-Director Panetta, and I agreed in an exchange of letters that the CIA was to provide a “stand-alone computer system” with a “network drive” “segregated from CIA networks” for the committee that would only be accessed by information technology personnel at the CIA—who would “not be permitted to” “share information from the system with other [CIA] personnel, except as otherwise authorized by the committee.”

It was this computer network that, notwithstanding our agreement with Director Panetta, was searched by the CIA this past January, and once before which I will later describe.

In addition to demanding that the documents produced for the committee be reviewed at a CIA facility, the CIA also insisted on conducting a multi-layered review of every responsive document before providing the document to the committee. This was to ensure the CIA did not mistakenly provide documents unrelated to the CIA’s Detention and Interrogation Program or provide documents that the president could potentially claim to be covered by executive privilege.

While we viewed this as unnecessary and raised concerns that it would delay our investigation, the CIA hired a team of outside contractors—who otherwise would not have had access to these sensitive documents—to read, multiple times, each of the 6.2 million pages of documents produced, before providing them to fully-cleared committee staff conducting the committee’s oversight work. This proved to be a slow and very expensive process.

The CIA started making documents available electronically to the committee staff at the CIA leased facility in mid-2009. The number of pages ran quickly to the thousands, tens of thousands, the hundreds of thousands, and then into the millions. The documents that were provided came without any index, without organizational structure. It was a true “document dump” that our committee staff had to go through and make sense of.

In order to piece together the story of the CIA’s detention and interrogation program, the committee staff did two things that will be important as I go on:

First, they asked the CIA to provide an electronic search tool so they could locate specific relevant documents for their search among the CIA-produced documents—just like you would use a search tool on the Internet to locate information.

Second, when the staff found a document that was particularly important or that might be referenced in our final report, they would often print it or make a copy of the file on their computer so they could easily find it again. There are thousands of such documents in the committee’s secure spaces at the CIA facility.

Now, prior removal of documents by CIA. In early 2010, the CIA was continuing to provide documents, and the committee staff was gaining familiarity with the information it had already received.

In May of 2010, the committee staff noticed that [certain] documents that had been provided for the committee’s review were no longer accessible. Staff approached the CIA personnel at the offsite location, who initially denied that documents had been removed. CIA personnel then blamed information technology personnel, who were almost all contractors, for removing the documents themselves without direction or authority. And then the CIA stated that the removal of the documents was ordered by the White House. When the committee approached the White House, the White House denied giving the CIA any such order.

After a series of meetings, I learned that on two occasions, CIA personnel electronically removed committee access to CIA documents after providing them to the committee. This included roughly 870 documents or pages of documents that were removed in February 2010, and secondly roughly another 50 were removed in mid-May 2010.

This was done without the knowledge or approval of committee members or staff, and in violation of our written agreements. Further, this type of behavior would not have been possible had the CIA allowed the committee to conduct the review of documents here in the Senate. In short, this was the exact sort of CIA interference in our investigation that we sought to avoid at the outset.

I went up to the White House to raise this issue with the then-White House Counsel, in May 2010. He recognized the severity of the situation, and the grave implications of Executive Branch personnel interfering with an official congressional investigation. The matter was resolved with a renewed commitment from the White House Counsel, and the CIA, that there would be no further unauthorized access to the committee’s network or removal of access to CIA documents already provided to the committee.

On May 17, 2010, the CIA’s then-director of congressional affairs apologized on behalf of the CIA for removing the documents. And that, as far as I was concerned, put the incident aside.

This event was separate from the documents provided that were part of the “Internal Panetta Review,” which occurred later and which I will describe next.

At some point in 2010, committee staff searching the documents that had been made available found draft versions of what is now called the “Internal Panetta Review.”

We believe these documents were written by CIA personnel to summarize and analyze the materials that had been provided to the committee for its review. The Panetta review documents were no more highly classified than other information we had received for our investigation—in fact, the documents appeared to be based on the same information already provided to the committee.

What was unique and interesting about the internal documents was not their classification level, but rather their analysis and acknowledgement of significant CIA wrongdoing.

To be clear, the committee staff did not “hack” into CIA computers to obtain these documents as has been suggested in the press. The documents were identified using the search tool provided by the CIA to search the documents provided to the committee.

We have no way to determine who made the Internal Panetta Review documents available to the committee. Further, we don’t know whether the documents were provided intentionally by the CIA, unintentionally by the CIA, or intentionally by a whistle-blower.

In fact, we know that over the years—on multiple occasions—the staff have asked the CIA about documents made available for our investigation. At times, the CIA has simply been unaware that these specific documents were provided to the committee. And while this is alarming, it is also important to note that more than 6.2 million pages of documents have been provided. This is simply a massive amount of records.

As I described earlier, as part of its standard process for reviewing records, the committee staff printed copies of the Internal Panetta Review and made electronic copies of the committee’s computers at the facility.

The staff did not rely on these Internal Panetta Review documents when drafting the final 6,300-page committee study. But it was significant that the Internal Panetta Review had documented at least some of the very same troubling matters already uncovered by the committee staff – which is not surprising, in that they were looking at the same information.

There is a claim in the press and elsewhere that the markings on these documents should have caused the staff to stop reading them and turn them over to the CIA. I reject that claim completely.

As with many other documents provided to the committee at the CIA facility, some of the Internal Panetta Review documents—some—contained markings indicating that they were “deliberative” and/or “privileged.” This was not especially noteworthy to staff. In fact, CIA has provided thousands of internal documents, to include CIA legal guidance and talking points prepared for the CIA director, some of which were marked as being deliberative or privileged.

Moreover, the CIA has officially provided such documents to the committee here in the Senate. In fact, the CIA’s official June 27, 2013, response to the committee study, which Director Brennan delivered to me personally, is labeled “Deliberative Process Privileged Document.”

We have discussed this with the Senate Legal Counsel who has confirmed that Congress does not recognize these claims of privilege when it comes to documents provided to Congress for our oversight duties.

These were documents provided by the executive branch pursuant to an authorized congressional oversight investigation. So we believe we had every right to review and keep the documents.

There are also claims in the press that the Internal Panetta Review documents, having been created in 2009 and 2010, were outside the date range of the committee’s document request or the terms of the committee study. This too is inaccurate.

The committee’s document requests were not limited in time. In fact, as I have previously announced, the committee study includes significant information on the May 2011 Osama bin Laden operation, which obviously postdated the detention and interrogation program.

At some time after the committee staff identified and reviewed the Internal Panetta Review documents, access to the vast majority of them was removed by the CIA. We believe this happened in 2010 but we have no way of knowing the specifics. Nor do we know why the documents were removed. The staff was focused on reviewing the tens of thousands of new documents that continued to arrive on a regular basis.

Our work continued until December 2012, when the Intelligence Committee approved a 6,300-page committee study of the CIA’s Detention and Interrogation Program and sent the report to the executive branch for comment. The CIA provided its response to the study on June 27, 2013.

As CIA Director Brennan has stated, the CIA officially agrees with some of our study. But, as has been reported, the CIA disagrees and disputes important parts of it. And this is important: Some of these important parts that the CIA now disputes in our committee study are clearly acknowledged in the CIA’s own Internal Panetta Review.

To say the least, this is puzzling. How can the CIA’s official response to our study stand factually in conflict with its own Internal Review?

Now, after noting the disparity between the official CIA response to the committee study and the Internal Panetta Review, the committee staff securely transported a printed portion of the draft Internal Panetta Review from the committee’s secure room at the CIA-leased facility to the secure committee spaces in the Hart Senate Office Building.

And let me be clear about this: I mentioned earlier the exchange of letters that Senator Bond and I had with Director Panetta in 2009 over the handling of information for this review. The letters set out a process whereby the committee would provide specific CIA documents to CIA reviewers before bringing them back to our secure offices here on Capitol Hill.

The CIA review was designed specifically to make sure that committee documents available to all staff and members did not include certain kinds of information, most importantly the true names of non-supervisory CIA personnel and the names of specific countries in which the CIA operated detention sites.

We had agreed up front that our report didn’t need to include this information, and so we agreed to redact it from materials leaving the CIA’s facility.

Keeping with the spirit of the agreements, the portion of the Internal Panetta Review at the Hart Building in our safe has been redacted. It does not contain names of non-supervisory CIA personnel or information identifying detention site locations. In other words, our staff did just what the CIA personnel would have done had they reviewed the document.

There are several reasons why the draft summary of the Panetta Review was brought to our secure spaces at the Hart Building.

Let me list them:

The significance of the Internal Review given disparities between it and the June 2013 CIA response to the committee study. The Internal Panetta Review summary now at the secure committee office in the Hart Building is an especially significant document as it corroborates critical information in the committee’s 6,300-page Study that the CIA’s official response either objects to, denies, minimizes, or ignores.

Unlike the official response, these Panetta Review documents were in agreement with the committee’s findings. That’s what makes them so significant and important to protect.

When the Internal Panetta Review documents disappeared from the committee’s computer system, this suggested once again that the CIA had removed documents already provided to the committee, in violation of CIA agreements and White House assurances that the CIA would cease such activities.

As I have detailed, the CIA has previously withheld and destroyed information about its Detention and Interrogation Program, including its decision in 2005 to destroy interrogation videotapes over the objections of the Bush White House and the Director of National Intelligence. Based on the information described above, there was a need to preserve and protect the Internal Panetta Review in the committee’s own secure spaces.

Now, the Relocation of the Internal Panetta Review was lawful and handled in a manner consistent with its classification. No law prevents the relocation of a document in the committee’s possession from a CIA facility to secure committee offices on Capitol Hill. As I mentioned before, the document was handled and transported in a manner consistent with its classification, redacted appropriately, and it remains secured—with restricted access—in committee spaces.

In late 2013, I requested in writing that the CIA provide a final and complete version of the Internal Panetta Review to the committee, as opposed to the partial document the committee currently possesses.

In December, during an open committee hearing, Senator Mark Udall echoed this request. In early January 2014, the CIA informed the committee it would not provide the Internal Panetta Review to the committee, citing the deliberative nature of the document.

Shortly thereafter, on January 15, 2014, CIA Director Brennan requested an emergency meeting to inform me and Vice Chairman Chambliss that without prior notification or approval, CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications.

According to Brennan, the computer search was conducted in response to indications that some members of the committee staff might already have had access to the Internal Panetta Review. The CIA did not ask the committee or its staff if the committee had access to the Internal Review, or how we obtained it.

Instead, the CIA just went and searched the committee’s computers. The CIA has still not asked the committee any questions about how the committee acquired the Panetta Review. In place of asking any questions, the CIA’s unauthorized search of the committee computers was followed by an allegation—which we have now seen repeated anonymously in the press—that the committee staff had somehow obtained the document through unauthorized or criminal means, perhaps to include hacking into the CIA’s computer network.

As I have described, this is not true. The document was made available to the staff at the offsite facility, and it was located using a CIA-provided search tool running a query of the information provided to the committee pursuant to its investigation.

Director Brennan stated that the CIA’s search had determined that the committee staff had copies of the Internal Panetta Review on the committee’s “staff shared drive” and had accessed them numerous times. He indicated at the meeting that he was going to order further “forensic” investigation of the committee network to learn more about activities of the committee’s oversight staff.

Two days after the meeting, on January 17, I wrote a letter to Director Brennan objecting to any further CIA investigation due to the separation of powers constitutional issues that the search raised. I followed this with a second letter on January 23 to the director, asking 12 specific questions about the CIA’s actions—questions that the CIA has refused to answer.

Some of the questions in my letter related to the full scope of the CIA’s search of our computer network. Other questions related to who had authorized and conducted the search, and what legal basis the CIA claimed gave it authority to conduct the search. Again, the CIA has not provided answers to any of my questions.

My letter also laid out my concern about the legal and constitutional implications of the CIA’s actions. Based on what Director Brennan has informed us, I have grave concerns that the CIA’s search may well have violated the separation of powers principles embodied in the United States Constitution, including the Speech and Debate clause. It may have undermined the constitutional framework essential to effective congressional oversight of intelligence activities or any other government function.

I have asked for an apology and a recognition that this CIA search of computers used by its oversight committee was inappropriate. I have received neither.

Besides the constitutional implications, the CIA’s search may also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.

Days after the meeting with Director Brennan, the CIA inspector general, David Buckley, learned of the CIA search and began an investigation into CIA’s activities. I have been informed that Mr. Buckley has referred the matter to the Department of Justice given the possibility of a criminal violation by CIA personnel.

Let me note: because the CIA has refused to answer the questions in my January 23 letter, and the CIA inspector general review is ongoing, I have limited information about exactly what the CIA did in conducting its search.

Weeks later, I was also told that after the inspector general referred the CIA’s activities to the Department of Justice, the acting general counsel of the CIA filed a crimes report with the Department of Justice concerning the committee staff’s actions. I have not been provided the specifics of these allegations or been told whether the department has initiated a criminal investigation based on the allegations of the CIA’s acting general counsel.

As I mentioned before, our staff involved in this matter have the appropriate clearances, handled this sensitive material according to established procedures and practice to protect classified information, and were provided access to the Panetta Review by the CIA itself. As a result, there is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime. I view the acting general counsel’s referral as a potential effort to intimidate this staff—and I am not taking it lightly.

I should note that for most, if not all, of the CIA’s Detention and Interrogation Program, the now acting general counsel was a lawyer in the CIA’s Counterterrorism Center—the unit within which the CIA managed and carried out this program. From mid-2004 until the official termination of the detention and interrogation program in January 2009, he was the unit’s chief lawyer. He is mentioned by name more than 1,600 times in our study.

And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff—the same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.

Mr. President, let me say this. All Senators rely on their staff to be their eyes and ears and to carry out our duties. The staff members of the Intelligence Committee are dedicated professionals who are motivated to do what is best for our nation.

The staff members who have been working on this study and this report have devoted years of their lives to it—wading through the horrible details of a CIA program that never, never, never should have existed. They have worked long hours and produced a report unprecedented in its comprehensive attention to detail in the history of the Senate.

They are now being threatened with legal jeopardy, just as the final revisions to the report are being made so that parts of it can be declassified and released to the American people.

Mr. President, I felt that I needed to come to the floor today, to correct the public record and to give the American people the facts about what the dedicated committee staff have been working so hard for the last several years as part of the committee’s investigation.

I also want to reiterate to my colleagues my desire to have all updates to the committee report completed this month and approved for declassification. We’re not going to stop. I intend to move to have the findings, conclusions and the executive summary of the report sent to the president for declassification and release to the American people. The White House has indicated publicly and to me personally that it supports declassification and release.

If the Senate can declassify this report, we will be able to ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted.

But Mr. President, the recent actions that I have just laid out make this a defining moment for the oversight of our Intelligence Community. How Congress responds and how this is resolved will show whether the Intelligence Committee can be effective in monitoring and investigating our nation’s intelligence activities, or whether our work can be thwarted by those we oversee.

I believe it is critical that the committee and the Senate reaffirm our oversight role and our independence under the Constitution of the United States.”

This Would Not Have Happened Without Snowden Leaks

The FISA Court just rejected the NSA’s request to hold onto to phone metadata forever:

A federal surveillance court has rejected the Obama administration’s bid to hold onto millions of phone records beyond the current five-year limit.

The ruling is a rare rebuke for the government from the secretive Foreign Intelligence Surveillance Court. The court has rejected less than 1 percent of government spying requests over the past 30 years.

But Judge Reggie Walton said he found the Justice Department’s argument for extending the retention of phone records “simply unpersuasive.”

Government lawyers had argued that they needed to retain the data as evidence for the slew of privacy lawsuits filed in the wake of Edward Snowden’s leaks about National Security Agency surveillance. The American Civil Liberties Union, the Electronic Frontier Foundation, and other groups are suing to shut the program down, claiming it violates the constitutional rights of millions of Americans.

………

But the federal judge noted that none of the privacy groups have tried to force the NSA to hold onto the data for their lawsuits. He wrote that the groups are seeking “the destruction of the [telephone] metadata, not its retention.”

Walton concluded that there is no legal requirement for the NSA to retain the data, and that any motivation for retaining the records is outweighed by the privacy harm.

Without Snowden, there would never have been the lawsuits, and even if there had been the suits, without the focus on the rubber stamp nature of the FISA court, the request would simply have been quietly granted.

Thank you Edward Joseph Snowden.

Turns out that Snowden Did Take it to His Superiors

Yet another lie about Edward Snowden is disproved:

Edward J. Snowden, the former National Security Agency contractor who leaked a trove of documents revealing the agency’s surveillance operations, said he raised his concerns to more than 10 officials, “none of whom took any action to address them,” before he decided to give the documents to journalists.

Mr. Snowden’s comments, in written answers to questions by members of the European Parliament that were released on Friday, amplified previous assertions that he initially tried to raise concerns internally about surveillance collection he believed went too far.

An N.S.A. spokeswoman declined to comment, but the agency has previously said its internal investigation, including interviews with co-workers, found no evidence that he had brought concerns to the attention of anyone.

But in his written testimony, Mr. Snowden insisted that he had, adding that his efforts had elicited two types of responses. Some people, he said, responded with “well-meaning but hushed warnings not to ‘rock the boat’ ” for fear of retaliation like being investigated by the F.B.I. as a suspected leaker.

“Everyone in the intelligence community is aware of what happens to people who report concerns about unlawful but authorized operations,” he wrote.

Other people, he said, told him to “let the issue be someone else’s problem.”

“Even among the most senior individuals to whom I reported my concerns,” he continued, “no one at N.S.A. could ever recall an instance where an official complaint had resulted in an unlawful program being ended, but there was a unanimous desire to avoid being associated with such a complaint in any form.”

Yes, “No evidence,” from the folks have been caught lying time and time again by Snowden’s revelations.

And the Snoden’s testimony about how an official complaint has never resulted in reforms rings quite true.

The entire history of the US government state security apparatus has been one of excess reigned in from outside sources.

John Adams is Spinning in His Grave

The Senate has defeated the appointment of Debo Adegbile’s appointment as head of the DoJ’s Civil Rights division because he defended a black man accused of murdering a cop:

Senate Democrats on Wednesday rejected President Obama’s nominee to lead the Justice Department’s Civil Rights Division in an embarrassing rebuke of the president on the choice of a key legal adviser and one that left senior White House officials “furious” with members of their own party.

The nominee, Debo P. Adegbile, was litigation director of the NAACP Legal Defense and Educational Fund when it represented Mumia Abu-Jamal on an appeal of his death sentence for killing a Philadelphia police officer decades ago. He could not overcome a campaign by Republicans, conservative activists and law enforcement organizations still infuriated by the murder of the officer, Daniel Faulkner.

But it was the votes of seven Democratic senators to reject Mr. Adegbile that doomed the nomination despite what White House officials described as a sustained closed-door effort by Mr. Obama and his top aides to save the nomination. The president personally appealed to Senate Democrats at a recent caucus meeting and made several calls to Democratic senators in the last week, officials said. Vice President Joseph R. Biden Jr. and Denis R. McDonough, the White House chief of staff, continued making calls Tuesday night and Wednesday morning.

I’m not blaming the Republicans here. They would oppose the appointment of Pope Francis to head the Office of Faith Based outreach.

Additionally, I can understand why they oppose Adegbile’s record of strong protection of civil rights, particularly voting rights.

After all, if there is a defining characteristic of the Republican party in the ‘Teens, it is that they want to stop n***ers from voting.

I do blame the 7 Democrats, who seem to find that the idea of a black man getting competent counsel is somehow a bad thing, and I do blame the various elements in law enforcement who seem to think that being a good lawyer should be a crime.

This is is evil, runs counter to the constitution, and hundreds of years of British jurisprudence before that.

It is a sacred duty for the defendant to have competent legal counsel. That is why John Adams defended the British soldiers who shot the demonstrators at the Boston Massacre.

If you have a problem with this, you should not be a lawyer, a legislator, or a cop.

Anyone involved in this effort, and the cowards who folded to it, are unAmerican, and need to have no further role in our public discourse.

Why the NSA is a Bigger Danger to Our Way of Life than is Al-Qaeda

We already have a part of our state security apparatus with a history of blackmail for their own benefit, specifically Hoover’s FBI, and now we discover that the NSA has collaborated with their British counterparts to intercept webcam pictures from millions of people:

Britain’s surveillance agency GCHQ, with aid from the US National Security Agency, intercepted and stored the webcam images of millions of internet users not suspected of wrongdoing, secret documents reveal.

GCHQ files dating between 2008 and 2010 explicitly state that a surveillance program codenamed Optic Nerve collected still images of Yahoo webcam chats in bulk and saved them to agency databases, regardless of whether individual users were an intelligence target or not.

In one six-month period in 2008 alone, the agency collected webcam imagery – including substantial quantities of sexually explicit communications – from more than 1.8 million Yahoo user accounts globally.

Yahoo reacted furiously to the webcam interception when approached by the Guardian. The company denied any prior knowledge of the program, accusing the agencies of “a whole new level of violation of our users’ privacy”.

If you don’t think this sort of stuff cannot be used against you, what happens if they decide that they to shut you up, and your little is stupid enough to sext their boy friend.

Something like 10% of the millions of documents are images of body parts that could get an FCC sanction.

And you wonder why former counter-terrorism Czar Richard Clarke is worrying that NSA actions might presage the establishment of a police state:

Revelations about NSA monitoring activities over the last year show the potential for a police state mechanism, according to the former U.S. cybersecurity czar, but there is still time to avoid the dire consequences.

At the 2014 Cloud Security Alliance Summit, unofficial RSA Conference opener Richard Clarke, chairman of Washington, D.C.-based Good Harbor Consulting LLC, spoke to a packed audience. The former cybersecurity advisor to President Barack Obama discussed his involvement in the December 2013 report reviewing the data collection and monitoring capabilities at the National Security Agency, Central Intelligence Agency and the Federal Bureau of Investigation.

Clarke said that the reaction to leaks by former NSA contractor Edward Snowden has perhaps been overblown, because he described the employees at the three-letter agencies as “incredibly intelligent people” who are focused on combating terrorism and punishing violations of human rights. As part of the review process, Clarke and his group were given what he called carte blanche security clearances to review all of the agencies’ intelligence-gathering capabilities.

Those employees are not currently listening to random phone calls and reading email, Clarke said, but that doesn’t mean U.S. citizens should ignore the agencies’ growing capabilities.

“In terms of collecting intelligence, they are very good. Far better than you could imagine,” Clarke said. “But they have created, with the growth of technologies, the potential for a police state.”

Clarke said such concerns are hardly new, pointing to the government committee headed by Sen. Frank Church in the 1970s. Church warned at the time that the technologies at intelligence agencies were developing at such an alarming rate that, if they were all turned on, the U.S. would never be able to turn them off, effectively creating a permanent police state in which the entire popular would be under constant surveillance.

Though such warnings seem dire, Clarke noted that the seemingly endless scope of current government surveillance activities stemmed largely from a lack of strict guidance from policy makers. He said a major aspect of the report to the White House was simply prompting the questions that were previously unasked: What are our intelligence agencies collecting? What should they be collecting? If we should be collecting data, how do we safeguard it? If we’re collecting data, how do we stay consistent with U.S. traditions of privacy and government oversight?

This is also why security expert Bruce Schneier is suggesting that the National Security Agency be broken up:

The NSA has become too big and too powerful. What was supposed to be a single agency with a dual mission — protecting the security of U.S. communications and eavesdropping on the communications of our enemies — has become unbalanced in the post-Cold War, all-terrorism-all-the-time era.

Putting the U.S. Cyber Command, the military’s cyberwar wing, in the same location and under the same commander, expanded the NSA’s power. The result is an agency that prioritizes intelligence gathering over security, and that’s increasingly putting us all at risk. It’s time we thought about breaking up the National Security Agency.

Broadly speaking, three types of NSA surveillance programs were exposed by the documents released by Edward Snowden. And while the media tends to lump them together, understanding their differences is critical to understanding how to divide up the NSA’s missions.

The organization is out of control, and its actions do not properly serve our security needs, and it increasingly sees its mission as simply expanding its reach and power.

Former Bush Aide Matt Dowd Goes There

He compares the anti-gay right to Islamic Terrorists.

Of interest is his invocation of the history of religious justifications supporting slavery:

“This is one of those problems when people use religion as a way to sort of enforce discriminatory practices,” he continued. “People used religion back in the 1860s when they defended slavery. They used religion to defend slavery.”

“We’ve used religion to go to war. People have criticized Islam because they use religion to fight people and kill people. This is the problem with that [bill].”

That first bit seems to me to be a subtle slam at the Southern Baptists, whose genesis was a schism with the American Baptists over the morality of slavery. (The Southern Baptists were on the wrong side of the argument.)

I’m not quite sure what, if anything, was his intent in saying this, but I agree with Max Blumenthal’s analysis, which is that Dowd is primarily an opportunist, so I think that there is some sort of an angle on this.