Category: Intelligence

The NSA is Channeling Joe McCarthy

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There are 205 … 57 … 52 … 81 … Communists …ψ

So, the NSA is claiming that their anti-privacy drift net, “helped foil more than 50 attacks.”

A few days ago, they were claiming around 20.

And, of course, “Helped foil” isn’t defined, because … Secret.

Recently disclosed National Security Agency surveillance programs have helped disrupt more than 50 “potential terrorist events” around the world over the last 12 years, according to U.S. intelligence officials, who described the spying operations as tightly regulated and extremely useful.

 The officials, testifying Tuesday before the House Intelligence Committee, identified two new cases — an alleged plot to blow up the New York Stock Exchange, and a U.S. resident who helped finance a terrorist group in Somalia — that they said proved the value of collecting domestic telephone calling records and monitoring foreign Internet traffic.

 Most of the plots were foiled by surveillance of foreigners overseas, the kind of spying the NSA has done since it was created in 1952 to monitor communications and other so-called signals intelligence.

 The surveillance programs “are critical to … our nation and our allies’ security,” said Gen. Keith Alexander, who heads the NSA and the Pentagon’s U.S. Cyber Command. “They assist the intelligence community efforts to connect the dots.”

It’s possible that General Alexander was telling the truth, but considering the fact that Director of National Intelligence James Clapper deliberately perjured himself before Congress without any consequence, I would be inclined to believe that best, this is an example of “truthiness”, and they chose a number and cherry picked cases to hit that number.

It’s possible that the General is telling the truth, and not engaging in spin.

It’s also possible that I greeted my Sharon* in in bed this evening, wearing nothing but a towel with a chrysanthemum between my teeth.†

The US state security apparatus has used secrecy and deception to justify their program secrecy and deception. Absent a massive and complete declassification of data, Alexander, or Clapper, or Brennan, or for that matter, Barack Obama, are simply not credible sources.

Secrecy and hoovering up everything are an end in and of itself for the NSA and its ilk, and it is up to the political leaders to reign them in.

*Love of my life, light of the cosmos, she who must be obeyed, my wife.
†Actually, not possible. She is violently allergic to the insecticide pyrethrin, which is a naturally occurring substance extracted from chrysanthemums. I have no comment on whether I did so with a rose between my teeth.‡
‡Let me state for the record that a moment of stunned silence, followed by a nervous chuckle, might be the world’s most effective form of birth control.
ψJoe McCarthy made claims that there were numerous Communists employed by the State Department. His numbers kept changing.

Limited Disclosure of FISA Warrants to Internet Firms Approved

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Facebook and Microsoft have gotten permission to release total numbers of government requests for data, which both Facebook and Twitter have lambasted as inadequate.

It’s clear to me that this permission is intended more to conceal than reveal:

Facebook and Microsoft announced Friday that the U.S. government is allowing them to disclose U.S. national security-related requests they received, but lumped together with other law enforcement requests. Google pushed back against those conditions.

“Since this story was first reported, we’ve been in discussions with U.S. national security authorities urging them to allow more transparency and flexibility around national security-related orders we are required to comply with,” Ted Ullyot, Facebook’s general counsel, wrote in a blog post.

“We’re pleased that as a result of our discussions, we can now include in a transparency report all U.S. national security-related requests (including FISA as well as National Security Letters) — which until now no company has been permitted to do.”

The social-networking company reported that for the six months ending December 31, it had received between 9,000 and 10,000 user data requests from U.S. local, state and federal governments, including national security-related requests, Ullyot said. Between 18,000 and 19,000 Facebook user accounts were affected by the requests, he said.

This is quite literally the least the state security apparatus could approve, something which Google notes:

We have always believed that it’s important to differentiate between different types of government requests,” a Google spokesperson said in a statement. “We already publish criminal requests separately from National Security Letters. Lumping the two categories together would be a step back for users. Our request to the government is clear: to be able to publish aggregate numbers of national security requests, including FISA disclosures, separately.

It’s clear that this is an attempt to forestall transparency, and instead create the appearance of transparency, by the intelligence agencies and the Department of Justice.

It’s good news, because it’s clear that they, and the Obama administration, is in damage control mode, which would indicate that Google and Twitter will eventually be allowed greater disclosure.

At least, that is what I hope.

When the Spys Have Lost John le Carré………

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He actually makes a point that has been missed in the whole NSA revelations controversy,

Carré gets to the heart of the matter when he notes that much of the problem is that our government is increasingly serving the state security apparatus when it should be the other way around:

In my recent novel A Delicate Truth, a retired and patently decent British foreign servant accuses his old employers of being party to a Whitehall coverup, and for his pains is promptly threatened with the secret courts. Yet amid all the comment that my novel briefly provoked, this particular episode attracted no attention.

What are secret courts? Why do we need them? To protect Britain’s special relationship with the United States, we are officially told; to protect the credibility and integrity of our intelligence services. Never mind that for decades we have handled security-sensitive cases by clearing the court whenever necessary, and allowing our secret servants to withhold their names and testify from behind screens, real or virtual: now, all of a sudden, the credibility and integrity of our intelligence services are at stake, and need urgent and draconian protection.

Never mind the credibility and integrity of parliament and centuries of British justice: our spies come first. And remember, these aren’t criminal courts. These are civil courts where anyone attempting to obtain redress for a real or perceived injustice perpetrated against him by British or American secret agencies must have his claims heard and dealt with in secret.

This is the core of the problem.

Our intelligence agencies are driving national policy on the basis of their own self interests, and the interests of the rest of society suffer as a result.

Won the Election and Should Have Been President

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Al Gore:

The National Security Agency’s blanket collection of US citizens’ phone records was “not really the American way”, Al Gore said on Friday, declaring that he believed the practice to be unlawful.

In his most expansive comments to date on the NSA revelations, the former vice-president was unsparing in his criticism of the surveillance apparatus, telling the Guardian security considerations should never overwhelm the basic rights of American citizens.

He also urged Barack Obama and Congress to review and amend the laws under which the NSA operated.

“I quite understand the viewpoint that many have expressed that they are fine with it and they just want to be safe but that is not really the American way,” Gore said in a telephone interview. “Benjamin Franklin famously wrote that those who would give up essential liberty to try to gain some temporary safety deserve neither liberty nor safety.”

There are some people who leave politics, and just cash in as a lobbyist (Evan Bayh comes to mind), and there are those who find freedom and grow.

Al Gore is one of the latter.

Let me offer a hearty f%$# you to the corrupt Supreme Court justices who mad the Bush administration happen.

The Word for This is Desperation………

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Yes, the NSA is now saying that it will provide information about how it’s rapacious thirst for our personal data stopped some terrorists at some point:

The National Security Agency (NSA) plans to release details of terrorist attacks thwarted by its controversial bulk surveillance of Americans’ communications data, a senior US senator said on Thursday.

Senator Dianne Feinstein (Democrat, California), the chairwoman of the Senate intelligence committee, said the NSA director, General Keith Alexander, would provide “the cases where this [surveillance] has stopped a terrorist attack, both here and in other places” as early as Monday.

Here is the important quote:

But the FBI director, Robert Mueller, forcefully defended the programs on Thursday to the House judiciary committee by saying the broad surveillance could have foiled the 9/11 attacks and averted “another Boston”.

But this program has been going on for years, and Boston happened.  Why didn’t it do it then?

They are trying to blow smoke up our ass.

Yes, James Clapper Perjured Himself Before Congress, and Should Be Both Fired and Prosecuted

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Fred Kaplan, who tends to be a font of conventional wisdom, is calling for Director of National Intelligence James Clapper to be fired:

If President Obama really does welcome a debate about the scope of the U.S. surveillance program, a good first step would be to fire Director of National Intelligence James Clapper.

 Back at an open congressional hearing on March 12, Sen. Ron Wyden (D-Ore.) asked Clapper, “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?” Clapper replied, “No sir … not wittingly.” As we all now know, he was lying.

 We also now know that Clapper knew he was lying. In an interview with NBC’s Andrea Mitchell that aired this past Sunday, Clapper was asked why he answered Wyden the way he did. He replied:

“I thought, though in retrospect, I was asked [a] ‘when are you going to … stop beating your wife’ kind of question, which is … not answerable necessarily by a simple yes or no. So I responded in what I thought was the most truthful, or least untruthful, manner by saying, ‘No.’ ”

Let’s parse this passage. As a member of the Senate Intelligence Committee, Wyden had been briefed on the top-secret-plus programs that we now all know about. That is, he knew that he was putting Clapper in a box; He knew that the true answer to his question was “Yes,” but he also knew that Clapper would have a hard time saying so without making headlines.

There were actually some non-answer answers he could have given that didn’t rise to the level of lying to Congress, saying something like, “No one is perfect, but we do our best not to infringe on the privacy of the American public,” but he just perjured himself, and he did so because he simply did not did not care about telling the truth under oath.

FWIW, is obliquely saying the Clapper lied through his teeth as well:

Ron Wyden, a Democratic member of the Senate intelligence committee, revealed that he had given Clapper, the director of national intelligence, a day’s advance notice of a question about the extent of government surveillance at a congressional hearing in March.

 Clapper said earlier this week that he had misunderstood the question. When asked directly by Wyden in March whether the NSA was collecting any kind of data on “millions” of Americans, Clapper replied “no” and “not wittingly” – a claim undermined by the Guardian’s disclosures about NSA collection of millions of Americans’ phone records. Wyden also disclosed that he had given Clapper an opportunity in private to revise his answer, after the session.

 “One of the most important responsibilities a senator has is oversight of the intelligence community. This job cannot be done responsibly if senators aren’t getting straight answers to direct questions,” Wyden said in a Tuesday statement.

(emphasis mine)

Note that this makes this even worse, because Clapper did not just lie off the cuff. He was given 24 hours to come up with an appropriate answer, and then he was given the opportunity to revise his answer, and he just lied, because he knew that there would be absolutely no consequences for this.

With Barack Obama in the White House, and Eric Holder as Attorney General, he is probably right, but the statute of limitations is 5 years, so a new AG could file charges between January 2017 and May of 2018.

It won’t happen, but I can dream.

And in the Further Adventures of Epic Fails: NSA Edition

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Chinese artist and dissident Ai Weiwei, talking about the NSA telephone drift net says that the US is behaving like China:

Even though we know governments do all kinds of things I was shocked by the information about the US surveillance operation, Prism. To me, it’s abusively using government powers to interfere in individuals’ privacy. This is an important moment for international society to reconsider and protect individual rights.

I lived in the United States for 12 years. This abuse of state power goes totally against my understanding of what it means to be a civilised society, and it will be shocking for me if American citizens allow this to continue. The US has a great tradition of individualism and privacy and has long been a centre for free thinking and creativity as a result.

In our experience in China, basically there is no privacy at all – that is why China is far behind the world in important respects: even though it has become so rich, it trails behind in terms of passion, imagination and creativity.

Read the rest.

Paul Ryan Calls the NSA Surveillance “Creepy”, and He is Right

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Look at those dead eyes, he knows creepy

Seriously, makeing Paul f%$3ing Ryan right on ANYTHING is the epitome of fail:

Rep. Paul Ryan (R-WI) expressed misgivings with the National Security Agency’s sweeping surveillance programs, suggesting on Monday that the activities “go way beyond the scope” of what the federal government has been authorized to do by laws like the Patriot Act.

 “It comes across as creepy,” the 2012 Republican vice presidential nominee said in an interview with the Wisconsin radio station WJRN. “I understand FISA court orders to go after some known person, and their phone records and whoever they’re communicating with. But to do a blanket dragnet nationwide, that seems to go way beyond the scope of the law that I’m familiar with called the Patriot Act.”

The fail is strong with the Obama administration.

More than any sitting president I have ever seen, Obama seems to obsess over his legacy.

Well, this is your legacy.

Worst Constitutional Law Professor Ever.™

Why NSA Spying Matters

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John Judis was a relatively low level political activist, primarily concerned with the Vietnam war, in the 1960s

Well, he relates the systematic program of surveillance and harassment against him:

President Barack Obama has assured us that we need not be worried about the National Security Agency listening to our phone calls or monitoring our Internet use. The NSA’s programs, he said, represent “modest encroachments on privacy” that are “worth us doing” to protect the country from terrorists. Count me among those who are not reassured by Obama’s statement. I know better—from my schoolboy knowledge of the Constitution and from my own experience during the ’60s with unwarranted government surveillance.

I don’t usually like to base moral judgments on what the Constitution does or does not allow, but in this case, it makes sense to do so. The Constitution had two very different purposes: One was to create a functioning government; the other, forged in the wake of the American revolution, was to establish constraints that would prevent the abuse of state power. The First Amendment was designed to do the latter; and so was the Fourth, which prohibits “unreasonable searches and seizures.” The administration’s obsessive pursuit of press leaks threatens the First Amendment’s freedom of the press; and the NSA’s surveillance violates the Fourth Amendment’s ban on general warrants—on indiscriminate searches without probable cause.

………

 I had my own vague vision of what a socialist America would look like, but almost everything that I did was directed at immediate issues like ending the Vietnam War or later impeaching Richard Nixon. I was not a bomb thrower. I advocated running candidates in elections. I taught classes on Marx’s Capital and American history at a school we organized in Oakland. But during this period, I was under almost constant surveillance by the FBI and by other intelligence or police agencies. I received regular visits from the FBI (I told them I wouldn’t talk to them), and they also visited my parents and friends.

As my FBI file, which I later obtained, attested, my movements were being monitored even when I didn’t know it. (Most of it is, unfortunately, blacked out.) In organizing demonstrations, I encountered people who turned out to be government agents. I was pulled over by the police with guns drawn for no apparent reason. And I also received inquiries about my tax returns from the IRS even though I was living on about $3000 a year during much of this period. These inquiries, which to this day may or may not have had something to do with my politics, certainly make me sympathetic to the rightwing groups who were barraged by inquiries from the IRS—whether or not these inquiries were directed by higher-ups in the administration.

 ………

 Obama says that the debate over the NSA’s activities is “healthy for our democracy” and a “sign of maturity.” But I think it’s a sign of forgetfulness—of Constitutional amnesia—on the part of Obama and his Attorney General Eric Holder, not to mention the administration’s vaunted intelligence chiefs who want to divert attention from the subject of the leaks, which is their own behavior, onto the leaker. I am hoping Democrats as well as Republicans in Congress remind the administration what the Constitution was designed to do and what the original FISA legislation was meant to do, but judging from the performance of most congressional leaders so far, I am not holding my breath.

When people (like the contemptible Lawrence O’Donnell* this evening) say that they “feel safer” because they are much less likely to be observed in the vast morass of data, they do no not get it.

The question is what happens with all that information when someone in power, whether it be the President of the United States, or minor data entry clerk like Edward Snowden, or a law enforcement official like J. Edgar Hoover decides to make you their business.

You do not get lost in the haystack when they decide to come for you.

That’s why we have a 4th amendment.

*Seriously, he is so in the tank for Obama that he would endorse an order from Obama for O’Donnell’s own execution.

We Have a Name for the Hero

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The NSA leaker is Edward Snowden, who is now in hiding in Hong Kong:

The individual responsible for one of the most significant leaks in US political history is Edward Snowden, a 29-year-old former technical assistant for the CIA and current employee of the defence contractor Booz Allen Hamilton. Snowden has been working at the National Security Agency for the last four years as an employee of various outside contractors, including Booz Allen and Dell.

 The Guardian, after several days of interviews, is revealing his identity at his request. From the moment he decided to disclose numerous top-secret documents to the public, he was determined not to opt for the protection of anonymity. “I have no intention of hiding who I am because I know I have done nothing wrong,” he said.

 Snowden will go down in history as one of America’s most consequential whistleblowers, alongside Daniel Ellsberg and Bradley Manning. He is responsible for handing over material from one of the world’s most secretive organisations – the NSA.

 In a note accompanying the first set of documents he provided, he wrote: “I understand that I will be made to suffer for my actions,” but “I will be satisfied if the federation of secret law, unequal pardon and irresistible executive powers that rule the world that I love are revealed even for an instant.”

 ………

 He has had “a very comfortable life” that included a salary of roughly $200,000, a girlfriend with whom he shared a home in Hawaii, a stable career, and a family he loves. “I’m willing to sacrifice all of that because I can’t in good conscience allow the US government to destroy privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they’re secretly building.”

 ………

 Having watched the Obama administration prosecute whistleblowers at a historically unprecedented rate, he fully expects the US government to attempt to use all its weight to punish him. “I am not afraid,” he said calmly, “because this is the choice I’ve made.”

 He predicts the government will launch an investigation and “say I have broken the Espionage Act and helped our enemies, but that can be used against anyone who points out how massive and invasive the system has become”.

 ………

 He left the CIA in 2009 in order to take his first job working for a private contractor that assigned him to a functioning NSA facility, stationed on a military base in Japan. It was then, he said, that he “watched as Obama advanced the very policies that I thought would be reined in”, and as a result, “I got hardened.”

 The primary lesson from this experience was that “you can’t wait around for someone else to act. I had been looking for leaders, but I realised that leadership is about being the first to act.”

They are going to try to destroy him, of course.

Note also that he wasn’t working for the NSA, he was a contractor at Booz Allen Hamilton. That means that information about this program was spread among dozens of entities (Booz Allen Hamilton was almost certainly one of many contractors), which means that any decent intelligence gathering operation, whether it be Russia, China, or a dude with Google and Lexis-Nexis would know about this.

It’s clear that this secrecy was not about concealing this from potential rivals or adversaries, but rather its goal was to conceal this from the American public.

Click for full size


Clapper Said No US Surveillance, but the US Ain’t Green

BTW, the Guardian has also revealed information about the global data mining operation, called Boundless Informant:

The National Security Agency has developed a powerful tool for recording and analysing where its intelligence comes from, raising questions about its repeated assurances to Congress that it cannot keep track of all the surveillance it performs on American communications.

 The Guardian has acquired top-secret documents about the NSA datamining tool, called Boundless Informant, that details and even maps by country the voluminous amount of information it collects from computer and telephone networks.

………

 At a hearing of the Senate intelligence committee In March this year, Democratic senator Ron Wyden asked James Clapper, the director of national intelligence: “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?”

 “No sir,” replied Clapper.

 Judith Emmel, an NSA spokeswoman, told the Guardian in a response to the latest disclosures: “NSA has consistently reported – including to Congress – that we do not have the ability to determine with certainty the identity or location of all communicants within a given communication. That remains the case.”

The US ain’t green, the lowest level of surveillance, and James Clapper perjured himself before Congress, but there will be no consequences for this.

Meanwhile Congressman Peter King is calling for Snowden’s extradition:

There was no immediate reaction from the White House but Peter King, the chairman of the House homeland security subcommittee, called for Snowden’s extradition from Hong Kong. Snowden flew there 10 days ago to disclose top-secret documents and to give interviews to the Guardian.

 “If Edward Snowden did in fact leak the NSA data as he claims, the United States government must prosecute him to the fullest extent of the law and begin extradition proceedings at the earliest date,” King, a New York Republican, said in a written statement. “The United States must make it clear that no country should be granting this individual asylum. This is a matter of extraordinary consequence to American intelligence.”

It should be noted that Peter King openly and aggressively supported the IRA when it was a terrorist organization, and actually planting bombs.

By comparison, Snowden revealed the administration, and government, lies to, and spying on its own citizens.

If Snowden was seeing a psychiatrist, like Daniel Ellsburg, I fully expect Obama to pull out the Nixon playbook and stage a bag operation to steal his records.

Yes, We Are Being Watched

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Glenn Greenwald got a copy of a FISA court order requiring that Verizon turn over all phone call information for a 3 month period.  Members of Congress have revealed that this was in fact a renewal, and that this has been going on for 7 years.  Senator Udall stated that he has been trying reveal that this was going on for much of that time, but he had been stymied:

The National Security Agency is currently collecting the telephone records of millions of US customers of Verizon, one of America’s largest telecoms providers, under a top secret court order issued in April.

 The order, a copy of which has been obtained by the Guardian, requires Verizon on an “ongoing, daily basis” to give the NSA information on all telephone calls in its systems, both within the US and between the US and other countries.

 The document shows for the first time that under the Obama administration the communication records of millions of US citizens are being collected indiscriminately and in bulk – regardless of whether they are suspected of any wrongdoing.

 The secret Foreign Intelligence Surveillance Court (Fisa) granted the order to the FBI on April 25, giving the government unlimited authority to obtain the data for a specified three-month period ending on July 19.

And, BTW, they are also data mining all the major Internet providers:

The National Security Agency has obtained direct access to the systems of Google, Facebook, Apple and other US internet giants, according to a top secret document obtained by the Guardian.

 The NSA access is part of a previously undisclosed program called PRISM, which allows officials to collect material including search history, the content of emails, file transfers and live chats, the document says.

 The Guardian has verified the authenticity of the document, a 41-slide PowerPoint presentation – classified as top secret with no distribution to foreign allies – which was apparently used to train intelligence operatives on the capabilities of the program. The document claims “collection directly from the servers” of major US service providers.

 Although the presentation claims the program is run with the assistance of the companies, all those who responded to a Guardian request for comment on Thursday denied knowledge of any such program.

 ………

 A chart prepared by the NSA, contained within the top-secret document obtained by the Guardian, underscores the breadth of the data it is able to obtain: email, video and voice chat, videos, photos, voice-over-IP (Skype, for example) chats, file transfers, social networking details, and more.

 ………

 “Fisa was broken because it provided privacy protections to people who were not entitled to them,” the presentation claimed. “It took a Fisa court order to collect on foreigners overseas who were communicating with other foreigners overseas simply because the government was collecting off a wire in the United States. There were too many email accounts to be practical to seek Fisas for all.”

Because that whole Constitution is just so inconvenient.

BTW, the Washington Post also published an article about the PRISM program at the same time as the Guardian, and toward the end of their article, they have this tidbit:

Firsthand experience with these systems, and horror at their capabilities, is what drove a career intelligence officer to provide PowerPoint slides about PRISM and supporting materials to The Washington Post in order to expose what he believes to be a gross intrusion on privacy. “They quite literally can watch your ideas form as you type,” the officer said.

And in the world of conventional wisdom, the New York Times editorial board, has unleashed a can of whup ass on the Obama administration about this:

Within hours of the disclosure that federal authorities routinely collect data on phone calls Americans make, regardless of whether they have any bearing on a counterterrorism investigation, the Obama administration issued the same platitude it has offered every time President Obama has been caught overreaching in the use of his powers: Terrorists are a real menace and you should just trust us to deal with them because we have internal mechanisms (that we are not going to tell you about) to make sure we do not violate your rights.

Those reassurances have never been persuasive — whether on secret warrants to scoop up a news agency’s phone records or secret orders to kill an American suspected of terrorism — especially coming from a president who once promised transparency and accountability.

 The administration has now lost all credibility on this issue. Mr. Obama is proving the truism that the executive branch will use any power it is given and very likely abuse it. That is one reason we have long argued that the Patriot Act, enacted in the heat of fear after the Sept. 11, 2001, attacks by members of Congress who mostly had not even read it, was reckless in its assignment of unnecessary and overbroad surveillance powers.

………

 On Thursday, Representative Jim Sensenbrenner, Republican of Wisconsin, who introduced the Patriot Act in 2001, said that the National Security Agency overstepped its bounds by obtaining a secret order to collect phone log records from millions of Americans.

 “As the author of the Patriot Act, I am extremely troubled by the F.B.I.’s interpretation of this legislation,” he said in a statement. “While I believe the Patriot Act appropriately balanced national security concerns and civil rights, I have always worried about potential abuses.” He added: “Seizing phone records of millions of innocent people is excessive and un-American.”

 Stunning use of the act shows, once again, why it needs to be sharply curtailed if not repealed.

Yes, I agree with what Sensenbrenner says, which is a complete mind f%$#.

BTW, it gets worse, because it looks like the NSA was getting credit card data as well:

The National Security Agency’s monitoring of Americans includes customer records from the three major phone networks as well as emails and Web searches, and the agency also has cataloged credit-card transactions, said people familiar with the agency’s activities.

 The disclosure this week of an order by a secret U.S. court for Verizon Communications Inc.’s phone records set off the latest public discussion of the program. But people familiar with the NSA’s operations said the initiative also encompasses phone-call data from AT&T Inc. and Sprint Nextel Corp. records from Internet-service providers and purchase information from credit-card providers.

BTW, Marcy Wheeler is spot on when she says that the only reason for all this secrecy is to prevent court challenges by making it impossible for a plaintiff to show standing:

The Administration wants you to believe that “all three branches” of government have signed off on this program (never mind that last year FISC did find part of this 215 collection illegal — that’s secret too).

But our court system is set up to be an antagonistic one, with both sides represented before a judge. The government has managed to avoid such antagonistic scrutiny of its data collection and mining programs — even in the al-Haramain case, where the charity had proof they had been the target of illegal, unwarranted surveillance — by ensuring no one could ever get standing to challenge the program in court. Most recently in Clapper v. Amnesty, SCOTUS held that the plaintiffs were just speculating when they argued they had changed their habits out of the assumption that they had been wiretapped.

This order might just provide someone standing. Any of Verizon’s business customers can now prove that their call data is, as we speak, being collected and turned over to the NSA. (Though I expect lots of bogus language about the difference between “collection” and “analysis.”)

That is what all the secrecy has been about. Undercutting separation of powers to ensure that the constitutionality of this program can never be challenged by American citizens.

It’s no big deal, says the Administration. But it’s sufficiently big of a deal that they have to short-circuit the most basic principle of our Constitution.

Also, read Bruce Schneier’s impassioned defense on whistle blowing.

As I have noted a number of times before, Barack Obama is showing himself to be the Worst ……… Constitutional ……… law ……… professor ……… ever.

About F%$#ing Time

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In a shift, America’s premier spy agency had decided to start spying again:

For more than seven years, Mike — a lean, chain-smoking officer at the Central Intelligence Agency’s headquarters in Virginia — has managed the agency’s deadly campaign of armed drone strikes. As the head of the C.I.A.’s Counterterrorism Center, Mike wielded tremendous power in hundreds of decisions over who lived and died in far-off lands.

But under a new plan outlined by the Obama administration on Thursday, the Counterterrorism Center over time would cease to be the hub of America’s targeted killing operations in Pakistan, Yemen and other places where presidents might choose to wage war in the future. Already, the C.I.A.’s director, John O. Brennan, has passed over Mike, an undercover officer whose full name is being withheld, for a promotion to run the agency’s clandestine service.

It is a sign that Mr. Brennan is trying to shift the C.I.A.’s focus back toward traditional spying and strategic analysis, but that is not an easy task.

Missing from the story is why the CIA moved from intelligence business into the murder business.

It happened because the CIA was not constrained by treaty, law, or culture in the same way that the military was. It was another Guantanamo style black hole, and this was reinforced the fact that the CIA is by design far more opaque than the military, and far more Contemptuous of congressional oversight.

The CIA got into the wholesale murder business because it was a conscious decision made by the Bush administration to avoid the rule of law and public disclosure. This decision has been and embraced and extended by the Obama administration, at least until recently.

Not a Surprise………

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The Washington Post has a must read article describing just how the “talking points” over Benghazi evolved, and the bottom line is that, in a response to some basic information from Congress a few days after the killing of Ambassador Stevens.

Members of the House Permanent Select Committee on Intelligence wanted some clarification on what was known, and what they could talk about, and then-CIA director David Petraeus, always looking for an opportunity to polish his public image, created a report that largely, and incorrectly exonerated him and the agency:

The controversy over the Obama administration’s response to the Benghazi attack last year began at a meeting over coffee on Capitol Hill three days after the assault.

 It was at this informal session with the House Permanent Select Committee on Intelligence that the ranking Democrat asked David H. Petraeus, who was CIA director at the time, to ensure that committee members did not inadvertently disclose classified information when talking to the news media about the attack.

 “We had some new members on the committee, and we knew the press would be very aggressive on this, so we didn’t want any of them to make mistakes,” Rep. C.A. Dutch Ruppersberger (Md.) said last week of his request in an account supported by Republican participants. “We didn’t want to jeopardize sources and methods, and we didn’t want to tip off the bad guys. That’s all.”

 What Petraeus decided to do with that request is the pivotal moment in the controversy over the administration’s Benghazi talking points. It was from his initial input that all else flowed, resulting in 48 hours of intensive editing that congressional Republicans cite as evidence of a White House coverup.

A close reading of recently released government e-mails that were sent during the editing process, and interviews with senior officials from several government agencies, reveal Petraeus’s early role and ambitions in going well beyond the committee’s request, apparently to produce a set of talking points favorable to his image and his agency.

 The information Petraeus ordered up when he returned to his Langley office that morning included far more than the minimalist version that Ruppersberger had requested. It included early classified intelligence assessments of who might be responsible for the attack and an account of prior CIA warnings — information that put Petraeus at odds with the State Department, the FBI and senior officials within his own agency.

(emphasis mine)

What a surprise.  A tragedy occurs, and the narcissistic preening peacock that is David Petraeus decided to leave no stone unturned ……… In the cause of polishing his own image.

What we know now is that the Benghazi consulate was almost entirely a CIA operation, and the f%$#-up was almost entirely a CIA f%$#-up, and, true to his history, David Petraeus’ response was one focused managing the public response, and not in creating an honest assessment of the causes and solutions.

This is Nucking Futs

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I get that the bombing at the Boston Marathon is a big deal.

But the saturation coverage is excessive, and locking down the Boston Metro area, the home to about 4½ million people, is insane.

Seriously, if this happens in a place like London (52 dead, over 700 injured), or Madrid (191 dead and 2050 injured), they kept the cities open.

It seems that every time that something like this happens, we are greeted by our authorities telling us to indulge in underwear befouling terror.

Seriously, our reaction as a society (I’m not talking about the first responders here) has been one of profound cowardice, and government officialdom has encouraged this whole thing.

I wonder if this is the ultimate goal. Is it all about sending the message, “Live in obedient fear, citizen.“

Torture, and Get a Promotion

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This is what “Looking forward, not backward,” as Obama says, is such a bad idea.

It means that deeply evil people are given the more power over the rest of us:

Today’s Washington Post has a front-page article on the impending promotion of an official involved in running the Central Intelligence Agency’s (CIA) torture program to head the CIA clandestine service. According to WaPo, the officer

helped run the CIA’s detention and interrogation program after the Sept. 11, 2001, attacks and signed off on the 2005 decision to destroy videotapes of prisoners being subjected to treatment critics have called torture.

WaPo reports that newly-confirmed CIA director John Brennan (who was also involved in the CIA’s torture program and has since moved on to writing an assassination-without-due-process “playbook”) has tapped three former senior officials to oversee the appointment of the former chief of staff to brazen torture apologist Jose Rodriguez to head the CIA’s clandestine service. The group consists of John McLaughlin (CIA deputy director during the CIA’s torture heyday), Stephen Kappes (another rendition, torture, and interrogation (RDI) supervisor – read about his covering up a prisoner’s death here) and Mary Margaret Graham (whose problematic professional history you can read about in Steve Coll’s recent New Yorker piece on CIA whistleblower John Kiriakou). Does anyone not see the problem with RDI daddy Brennan assigning RDI supervisors to promote the RDI queenpin?

BTW, she is hip deep on the coverup of torture:

When the head of the Counterterrorism Center, Jose Rodriguez, was promoted to head of the clandestine service in 2004, he took the female officer along as his chief of staff. According to former officials, the two repeatedly sought permission to have the tapes destroyed but were denied.

In 2005, instructions to get rid of the recordings went out anyway. Former officials said the order carried just two names: Rodriguez and his chief of staff.

Not only should this woman not be promoted, this woman should never hold a security clearance ever again.

Sorry, But I Think the Lede Was Buried Here

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Yes, the Senate finally got around to voting on, and approval, Hagel, but they bury the part about a Democratic Senator supporting a filibuster of John Brennan as Director of the CIA:

The chances for Mr. Brennan remained good, though his confirmation was not expected to be entirely smooth, as both Republicans and Democrats have raised objections over the agency’s use of drones to kill American citizens suspected of terrorism. Republicans also see the Brennan vote, like the fight over Mr. Hagel, as leverage to press other issues with the White House.

Senator Ron Wyden, Democrat of Oregon, said on Tuesday that he favored a longer confirmation process to force the White House to disclose more about the drone program. “There’s an old saw that after somebody is confirmed, they don’t even owe you a holiday card,” he said. “This is the time for vigilant oversight.”

Senator Rand Paul, Republican of Kentucky, has called for similar disclosures on drones and has threatened to use “every procedural option at my disposal” to hold back Mr. Brennan’s nomination.

That’s half way down the New York Times article.

Meanwhile, Tina Brown’s Daily Beast prominently features this on their web site:

If you’ve followed the drawn-out saga surrounding John Brennan’s nomination to be CIA director—with all the questions it has raised about drones and targeting of American citizens—you may have noticed something odd: one of the Senate’s longtime liberals, Ron Wyden of Oregon, has appeared to be very much on the same page as Rand Paul of Kentucky, arguably the most ardent Tea Partier on Capitol Hill.

It turns out this isn’t just a fleeting alliance. For some time now, Wyden and Paul—along with two other senators, Republican Mike Lee of Utah and Democrat Mark Udall of Colorado—have been working together to try to curb the broad authorities the Obama administration has asserted in the war on terror. The advent of this group, which calls itself the Checks and Balances Caucus, is certainly not the first time in political history that the libertarian right has allied with the civil-liberties-minded left. Yet at a moment when inter-party cooperation is almost nonexistent in Washington, any bipartisan alliance—especially one that includes some of DC’s most committed ideological opposites—is both unusual and noteworthy.

I do hope that Wyden has the guts to back up a filibuster by Paul, because the administration needs to be forced to be more open about these policies and their legal justifications.

Obama agrees to release legal memos on Awlaki drone strike – latimes.com

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So, now that Michale Isikoff has released a leaked Department of Justice memo which summarized their legal opinion on drone strikes, it basically said that Obama can kill anyone he wants at any time, the White House has agreed top release the actual legal opinion to Congress:

President Obama, who has championed lethal drone strikes as a major part of U.S. counter-terrorism efforts, bowed to pressure Wednesday and agreed to allow the Senate and House intelligence committees to review classified legal memos used to justify a drone strike against a U.S. citizen in Yemen in 2011.

Senators had demanded for months to see the Justice Department opinions that provided the White House legal authority to order the targeted killing of Anwar Awlaki, a New Mexico native who became an Al Qaeda leader.

Complaints by several Democrats over not receiving the documents had cast a shadow on the Senate confirmation hearing Thursday of John Brennan, the White House counter-terrorism advisor tapped to be CIA director.

An administration official, who spoke on condition of anonymity to discuss classified material, described the decision to release the classified Office of Legal Counsel material as “part of the president’s ongoing commitment to consult with Congress on national security matters.”

“I think this is an encouraging first step,” said Sen. Ron Wyden, an Oregon Democrat who sits on the Intelligence Committee and was among those who had publicly complained about being denied access to the material. He said Americans must “understand the rules under which a president may make these consequential decisions.”

Wyden said Obama had “assured me that all of the documents concerning the legal opinions on the targeted killing of Americans will immediately be made available” to the intelligence committees.

By “made available” I’m sure that they mean that the Congressmen can look at it in a locked room, take no notes, and not discuss it with their staff.

That’s how they roll.

But of Course

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The very first person goes to jail over CIA torture, and it’s the whistle-blower:

Looking back, John C. Kiriakou admits he should have known better. But when the F.B.I. called him a year ago and invited him to stop by and “help us with a case,” he did not hesitate.

In his years as a C.I.A. operative, after all, Mr. Kiriakou had worked closely with F.B.I. agents overseas. Just months earlier, he had reported to the bureau a recruiting attempt by someone he believed to be an Asian spy.

“Anything for the F.B.I.,” Mr. Kiriakou replied.

Only an hour into what began as a relaxed chat with the two agents — the younger one who traded Pittsburgh Steelers talk with him and the senior investigator with the droopy eye — did he begin to realize just who was the target of their investigation.

Finally, the older agent leaned in close and said, by Mr. Kiriakou’s recollection, “In the interest of full disclosure, I should tell you that right now we’re executing a search warrant at your house and seizing your electronic devices.”

On Jan. 25, Mr. Kiriakou is scheduled to be sentenced to 30 months in prison as part of a plea deal in which he admitted violating the Intelligence Identities Protection Act by e-mailing the name of a covert C.I.A. officer to a freelance reporter, who did not publish it. The law was passed in 1982, aimed at radical publications that deliberately sought to out undercover agents, exposing their secret work and endangering their lives.

In more than six decades of fraught interaction between the agency and the news media, John Kiriakou is the first current or former C.I.A. officer to be convicted of disclosing classified information to a reporter.

This is about scaring people out of being whistle-blowers.

This is about the “most open administration in history” doing its level best to create a completely secret and unaccountable executive.

This is why I call Barack Obama the worst constitutional law professor ever.

I’ve said it before, and I’ll say it again, Richard Nixon was the worst president the US had from 1933 to 1973 1974, and the best president the US had from 1969 through 2013.

If that does not make you depressed, then I want whatever it is that you are smoking.