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Patriot Act

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Heisenberg? Try Cheney.

“Americans are, like Walter White, a self-justifying sort. We see ourselves as exceptional. Often times we behave as if the rules that apply to the rest of the world, rules we want constraining them, don’t and needn’t really apply to us…Take it from The New York Times, our paper of record. Other nations forcing water into a prisoner’s lungs is torture. When we do it? Enhanced interrogation. America doesn’t torture. We’re the good guys!”

A late but welcome reassessment from Conor Friedersdorf: Breaking Bad as an analogy for post-9/11 America. “The world dealt us an unfair blow, and we used it as an excuse to break bad…We became inured to the selfishness of our actions. We slid predictably down the slope upon which we stepped, and the farther we go the uglier it gets. We haven’t hit bottom yet or anything close to it.”

The Black Budget, Revealed.

“The summary provides a detailed look at how the U.S. intelligence community has been reconfigured by the massive infusion of resources that followed the Sept. 11 attacks. The United States has spent more than $500 billion on intelligence during that period…The result is an espionage empire with resources and reach beyond those of any adversary, sustained even now by spending that rivals or exceeds the levels reached at the height of the Cold War.”

Thanks to info provided by Edward Snowden, the WaPo builds on their earlier Top Secret America coverage with a first-ever detailed summary of the “Black Budget.” “The document describes a constellation of spy agencies that track millions of individual surveillance targets and carry out operations that include hundreds of lethal strikes.”

Among the revelations here: “Spending by the CIA has surged past that of every other spy agency, with $14.7 billion in requested funding for 2013. The figure vastly exceeds outside estimates and is nearly 50 percent above that of the National Security Agency, which…has long been considered the behemoth of the community…The CIA’s dominant position will likely stun outside experts.”

Also of note: This multi-billion-dollar, post-9/11 technological terror we’ve constructed “remain[s] unable to provide critical information to the president on a range of national security threats..A chart outlining efforts to address key questions on biological and chemical weapons is particularly bleak…The intelligence community seems particularly daunted by the emergence of ‘home grown’ terrorists who plan attacks in the United States without direct support or instruction from abroad.”

In other words, what we have here is a resource-swallowing, clandestine intelligence-industrial bureaucracy that’s nonetheless incapable of actually doing what it’s ostensibly being funded to do. You can see why they’d want to keep this sort of thing secret.

Update: “Since 2007, we’ve known how much the total Black Budget is (before that, with some years excepted, we didn’t even know that), but not how much is spent on specific things. Now we know that too.” Eleven budget charts to help make sense of it all.

The Eyes of the White Tower.

“Consider the basic premise of Tolkien’s trilogy: a small group of dedicated subversives willing to sacrifice their lives slips in under the surveillance system of a great power, blends in with an alien population, and delivers a devastating blow to the heart of its empire, leaving its security forces in disarray and its populace terrified. Even a tower or two crumbles to dust.”

You know of what I speak, Snowden…a Great Eye, lidless, wreathed in flame. From the bookmarks, academics David Rosen and Aaron Santesso employ Tolkien to explain the modern surveillance state. “[I]n Sauron, Tolkien is able to imagine a figure of godlike power and seemingly infinite resources, but crippling interpretive fallibility.”

A bit overwrought, perhaps, but food for thought. And they neglected to mention another telling similarity: The hearts of Men are easily corrupted.

Our Criminal Surveillance State.

“Leave aside the Patriot Act and FISA Amendments Act for a moment, and turn to the Constitution. The Fourth Amendment obliges the government to demonstrate probable cause before conducting invasive surveillance. There is simply no precedent under the Constitution for the government’s seizing such vast amounts of revealing data on innocent Americans’ communications.”

As scholars Jennifer Stisa Granick and Christopher Jon Sprigman remind us in the NYT, make no mistake: the NSA’s current surveillance regime is entirely illegal. “We may never know all the details of the mass surveillance programs, but we know this: The administration has justified them through abuse of language, intentional evasion of statutory protections, secret, unreviewable investigative procedures and constitutional arguments that make a mockery of the government’s professed concern with protecting Americans’ privacy. It’s time to call the N.S.A.’s mass surveillance programs what they are: criminal.”

As I said last time, this shouldn’t even be in dispute. But far too many ostensible Democrats seem to assume this culture of lawlessness is ok now that Obama’s at the helm. Once again, we have lost our way.

“If convicted on all three counts, the former N.S.A. contract-systems administrator could face thirty years in jail. On the Sunday-morning talk shows I watched, there weren’t many voices saying that would be an excessive punishment for someone who has performed an invaluable public service.” In related news, The New Yorker‘s John Cassidy laments the cowardice of today’s media with regards to the fate of Edward Snowden: “The Obama Administration doesn’t want him to come home and contribute to the national-security-versus-liberty debate that the President says is necessary. It wants to lock him up for a long time”

The mantra of good journalism should be to afflict the comfortable and comfort the afflicted, but, here again, our broken, trivia-obsessed, lapdog-riddled fourth estate has it exactly backward. It is infuriating to behold.

Still, at the very least, Frank Rich has ably summed up all you need to know about NBC’s David Gregory, who recently queried on-air whether Glenn Greenwald should be jailed for breaking the Snowden story:

“Is David Gregory a journalist? As a thought experiment, name one piece of news he has broken, one beat he’s covered with distinction, and any memorable interviews he’s conducted that were not with John McCain, Lindsey Graham, Dick Durbin, or Chuck Schumer…In any case, his charge is preposterous…I propose that Gregory be full-time on Today, where he can speak truth to power by grilling Paula Deen.”

Snowden’s Secret.

“‘I don’t see myself as a hero,’ he said, ‘because what I’m doing is self-interested: I don’t want to live in a world where there’s no privacy and therefore no room for intellectual exploration and creativity.'”

Breaking everywhere the past week: 29-year-old former CIA IT guy and defense contractor Edward Snowden reveals to Glenn Greenwald that the NSA has been indiscriminately collecting everyone’s phone records and gouging into the data networks of Apple, Google, Facebook, and other mainstays of today’s social media. “The Prism program allows the NSA, the world’s largest surveillance organisation, to obtain targeted communications without having to request them from the service providers and without having to obtain individual court orders.”

Sadly, this isn’t all that surprising. There have been intimations that the NSA has been up to no good — even beyond the warrantless wiretap fiasco under Dubya — since that weird visit to John Ashcroft’s hospital bed. Nor, sadly, is it all that surprising that — despite saying exactly the opposite in 2007 — our current President is both fine with these surveillance practices and authorizing them. (And at least from my perspective, the idea that getting the rubber stamp approval of a secret FISA court that never says no makes it all ok does not hold water.)

This is exactly what I was talking about last update. Obama acts tortured about continuing all of Dubya’s most terrible civil liberties violations, but then goes ahead and does them anyway. For Crom’s sake, he’s even picked James Comey, the guy who approved warrantless wiretaps back in 2006, to be the new FBI chief. And because this president and this administration is so brazenly two-faced about their anti-terror policies, you end up with disturbing polls like this:

Speaking of which, at the very least these revelations of blatant NSA overreach have had the healthy effect of exposing which alleged lefties out there walk the walk.

For example, in the Senate: On one hand, we have Ron Wyden, Mo Udall, and Jeff Merkley calling out Obama for continuing with this extra-legal, ginormous-net approach to surveillance. “‘As far as we can see, all of the useful information that it has provided appears to have also been available through other collection methods that do not violate the privacy of law-abiding Americans in the way that the Patriot Act collection does,’ Udall and Wyden said.”

On the other hand, here’s ostensibly Democrat Dianne Feinstein yesterday going full Body Snatcher about Snowden: “‘I don’t look at this as being a whistle-blower,’ Sen. Dianne Feinstein (D-Calf.) said. ‘I think it’s an act of treason.‘” (FWIW, John Boehner and Lindsey Graham were right there with her.) Of course, it’s never “treason” when Feinstein continually does it, and, in any case, this wasn’t breaking news either: The senior Senator from California has long been a quintessential “symbol of the worthless Beltway Democrat.”

This revealing breeze stirred by the NSA revelations is coursing through media outlets too. On one hand, Slate‘s Fred Kaplan has — quite correctly — called for James Clapper’s resignation, given that he flat-out lied to Congress: “We as a nation are being asked to let the National Security Agency continue doing the intrusive things it’s been doing on the premise that congressional oversight will rein in abuses. But it’s hard to have meaningful oversight when an official in charge of the program lies so blatantly in one of the rare open hearings on the subject.” Spot on.

Meanwhile, TPM’s Josh Marshall, who likes to pretend his blog is a font of independent thinking, hems and haws about it all in classic pusillanimous Village-think fashion, all the while making sure never to say anything that might harm his establishment respectability. “I’ve made clear that I don’t see Manning as a hero or a whistleblower or really anything positive at all…Pretty early I realized that to his supporters Manning was a whistleblower who was being persecuted by the government, almost like a political prisoner or prisoner of conscience.” No, Josh, it doesn’t “seem” that way “to his supporters” — That is in fact what is %#%@ happening.

In any case, so as not to fall into the same trap, I’ll just say it outright: First, if Snowden and Manning are traitors, then so is Daniel Ellsberg and so, for that matter, is Dianne Feinstein and any other politician or government official who leaks when it’s convenient. (Also, sorry, folks. there is no substantive difference between revealing secrets to the criminal Julian Assange or to the venerable Bob Woodward. But please do let me know when Richard Armitage is put in a sweatbox for 23 hours a day.)

Second, this vast surveillance apparatus NSA has been constructing is both obviously overkill and clearly legally and constitutionally repugnant, and if this president lived up to even half the rhetoric he continually espoused before he was elected, he would have ended it years ago. Quite frankly, the doubletalk from him, and from so many other Democrats about these revelations so far, is both inexcusable and out-and-out pathetic.

You’re On File.

“Under the new rules issued in March, the National Counterterrorism Center, known as NCTC, can obtain almost any database the government collects that it says is ‘reasonably believed’ to contain ‘terrorism information.’ The list could potentially include almost any government database, from financial forms submitted by people seeking federally backed mortgages to the health records of people who sought treatment at Veterans Administration hospitals.”

The WSJ tells of the (very limited) debate withing the administration that accompanied the NCTC’s new database on everybody. “It’s breathtaking’ in its scope, said a former senior administration official familiar with the White House debate.”

The Leader and his Drones.

It is literally impossible to conceive of any mindset more at odds with…basic principles than the one that urges that Barack Obama – unlike George Bush or Mitt Romney or whoever the scary GOP villain of the day is – can be trusted to unilaterally and secretly kill or imprison or surveil anyone he wants because he is a Good man and a trustworthy leader and therefore his unproven accusations should be assumed true. But this is, overwhelmingly, the warped and authoritarian sentiment that now prevails in the bulk of the Democratic Party and its self-identified ‘progressive’ faction, just as it did in the GOP and its conservative wing for eight years.”

Upon the revelation that the Obama administration finally moved to codify a drone policy — but only in case they lost the election and Romney took up the Ring of Power instead — Glenn Greenwald calls out the many Democrats who have forsaken their prior civil liberties stances to prop up this sort of obviously unconstitutional behavior by “Our Team.”

See also Marcy Wheeler on this issue, who along with offering an informed and in-depth view of the big picture, has unleashed some devastating tweets of late. To wit: “Shorter Scott Shane: Drone Rule Book exists for NYT A1, but not for ACLU’s grubby little FOIAs.

I’ve said this before, but there’s an easy available metaphor to explain why what the administration is doing here is so unhealthy and reprehensible. As with the Ring, so too with indefinite detention, state secrets, extrajudicial assassinations, unmitigated use of drones, and the rest of the dark tools comprising today’s GWOT arsenal. It does not matter who tries to wield them — they will corrupt regardless, not to mention leave a trail of undeserving dead in their wake.

The New Haymarket.

What I said last year stands. The world doesn’t need any more 9/11 retrospectives. Still, this NASA picture from that dark day is pretty impressive, so there’s that.

I will say this: Since last week we watched Democrats — Democrats — chant USA, call out Mitt Romney for being insufficiently for the troops, and all but roll the severed head of Osama Bin Laden out on stage, perhaps it’s time to regain a little perspective.

9/11 was a horrible crime that demanded justice. It was also an event, it has now become clear, that could have and should have been prevented by the Dubya administration using traditional, pre-9/11 intelligence methods. Since that dark day, nine people have died in our indefinite detention prison camp at GitMo. The only person being prosecuted for the Dubya-era torture regime is the whistleblower. And we’re now set to unleash a wave of SKYNET-like drones over our own territory in the name of keeping us safe.

It’s long past time to stop compounding the tragedy of what happened in New York and Washington eleven years ago by shredding the constitution in response. It’s time to get back to being America again.

PATRIOT Games.


When the clock strikes midnight tomorrow, we would be giving terrorists the opportunity to plot attacks against our country, undetected,’ Senate Majority Leader Harry Reid said on the Senate floor Wednesday…'[Any delay would] increase the risk of a retaliatory terrorist strike against the homeland and hamper our ability to deal a truly fatal blow to al-Qaida.

Honestly, what is this horseshit? In a disturbingly complete 180 from his comments the last time this came up back in 2006 — although, to be fair, he eventually folded like an accordion then too — Senate Majority Leader Harry Reid dusts off the Cheneyite talking points to call for an immediate, unamended extension of the PATRIOT Act. (It passed the Senate today, 72-23.)

Contrast this with Reid in 2005: “‘We killed the Patriot Act,’ boasted Minority Leader Harry Reid…to cheers from a crowd at a political rally after the vote.” Ladies and gentlemen, our Democratic Senate Majority Leader. And, yet, however hackadocious Reid is being in this instance, let’s remember — this is coming from the top, from the constitutional scholars at the White House. After all, as Mike Riggs notes in Reason: “If the PATRIOT Act lapses, and a sarlacc does not swallow LAX immediately after, it’ll be that much harder to convince Americans that those provisions are necessary.

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