(1) “The court found Poland violated its obligations under the European Convention on Human Rights to prevent torture, ensure the right to liberty, and properly investigate allegations a crime had been committed on its territory.”
The European Court of Human Rights finds that Poland harbored one of the CIA’s infamous black sites — perhaps this is one of the old Soviet compounds? “[S]imilar cases have been lodged with the court in Strasbourg against Romania and Lithuania.”
(2) “The five Americans whose email accounts were monitored by the NSA and FBI have all led highly public, outwardly exemplary lives. All five vehemently deny any involvement in terrorism or espionage, and none advocates violent jihad or is known to have been implicated in any crime, despite years of intense scrutiny by the government and the press.”
Paging J. Edgar: The Intercept’s Glenn Greenwald and Murtaza Hussain, with help from Edward Snowden, uncover NSA and FBI surveillance of prominent, upstanding Muslim-Americans. “In one 2005 document, intelligence community personnel are instructed how to properly format internal memos to justify FISA surveillance. In the place where the target’s real name would go, the memo offers a fake name as a placeholder: ‘Mohammed Raghead.'”
(3) “Emblazoned with the crests of 19 agencies, it offers the most complete and revealing look into the secret history of the government’s terror list policies to date. It reveals a confounding and convoluted system filled with exceptions to its own rules, and it relies on the elastic concept of ‘reasonable suspicion’ as a standard for determining whether someone is a possible threat…individuals can be watchlisted if they are suspected of being a suspected terrorist, or if they are suspected of associating with people who are suspected of terrorism activity.”
Also in The Intercept, Jeremy Scahill and Ryan Devereaux explain the absurdly broad net that is the terrorist watchlist. “There are a number of loopholes for putting people onto the watchlists even if reasonable suspicion cannot be met.”
(4) “Nearly all of the highest-profile domestic terrorism plots in the United States since 9/11 featured the ‘direct involvement’ of government agents or informants, a new report says…rais[ing] questions about the US criminal justice system’s ability to respect civil rights and due process in post-9/11 terrorism cases.”
And in The Guardian, Spencer Ackerman expounds on the FBI’s apparent excessive leaning on entrapment to conjure up terror cases. “‘In some cases the FBI may have created terrorists out of law-abiding individuals by suggesting the idea of taking terrorist action or encouraging the target to act,’ the report alleges.”
Torture, rendition, secret prisons, spying on Americans, surveillance policies that are obviously, woefully ripe for abuse…We are six and a half years into the administration of a president who promised us definitively this nonsense would end. And yet, virtually every day, we hear of a new outrage, and the only official response seems to be Lock Up the Messenger. So when are we going to get an accountability moment here?
Not that our next president and erstwhile progressive standard-bearer seems any better: Hillary Clinton insinuates Edward Snowden is up to no good. ‘When he emerged and when he absconded with all that material, I was puzzled because we have all these protections for whistle-blowers. If he were concerned and wanted to be part of the American debate, he could have been,’ she said.”
Yeah, ’cause that worked out great for Chelsea Manning. C’mon. Also, if it were me, and “Pentagon officials” were openly fantasizing about putting a bullet in my head, I’d probably skip town for awhile too.
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.”
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.
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.”
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:
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.
“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.”
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.