Oct 09 2019

About those Warrantless Wiretaps

Remember them? How the NSA was Hoovering up everything right off the hubs and stashing it in a Black Glass building in Utah stuffed with so many servers it takes it’s own lake to cool?

Yeah, well, they’re still doing that.

But they’ve found in practice (as predicted) that it’s just too big a chunk of data to have any practical value so they’re putting it in the ‘too hard’ pile for now. This was of course trumpeted as a great liberalization and a big reform.

But it is just on-its-face UnConstitutional as I and other Civil Libertarians have been saying for over a decade now and finally, finally (or maybe we’re just finding out finally) even the FISA Court has been forced to agree.

Secret Court: FBI Warrantless Searches Were Illegal
by Spencer Ackerman, Daily Beast
10.08.19

Some of the Federal Bureau of Investigation’s warrantless searches through the National Security Agency’s enormous troves of communications data violated the law and the Constitution, according to secret surveillance court rulings partially declassified on Tuesday.

The bureau’s so-called backdoor searches, long regarded by civil libertarians as a government end-run around warrant requirements, were overly broad, the court found. They appear to have affected what a judge on the court called “a large number of individuals, including U.S. persons.” On one day in December 2017 alone, the court found, the FBI conducted 6,800 queries of the NSA databases using Social Security numbers. The government, in secret, conceded that there were “fundamental misunderstandings” among some FBI personnel over the standards necessary for the searches.

The redacted ruling was kept secret for a year. It represented the latest legal battle over the scope of post-9/11 mass surveillance that affects American freedoms in the name of counterterrorism. It was one of several secret court documents released Tuesday by the ODNI.

Judge James Boasberg of the Foreign Intelligence Surveillance Act (FISA) Court found last October that elements of FBI procedures for querying the databases and then purging irrelevant results–a mechanism to protect Americans’ privacy–“inconsistent with statutory minimization requirements and the requirements of the Fourth Amendment,” which protects Americans against unreasonable searches.

As early as March 2018, the FISA Court identified to the government that the FBI was not sufficiently documenting which of its queries were tied to people inside the United States, despite a statutory obligation to do so. Nor were the searches “reasonably designed” to find evidence of crimes or foreign spying.

“Without such documentation and in view of reported instances of non-compliance with that standard, the procedures seemed unreasonable under FISA’s definition of minimization procedures’ and possibly the Fourth Amendment,” Boasberg wrote.

Boasberg’s ruling represented a rare defeat for the government before the FISA Court, and the government appealed it to the FISA Court of Review, another rarity. The appeals court sided with the lower court in July, and the FBI agreed to change its querying, documentation, and related procedures.

The subsequent changes now require the FBI to explain why searching Americans’ data is necessary to find foreign-spying information or potential evidence of criminal activity, as well as to distinguish between its searches involving Americans and its searches involving foreigners.
…
NSA in March 2017 stopped collecting Americans’ electronic communications that merely discuss foreign surveillance targets, known as “about” collection, after violating restrictions placed on the collection by the FISA Court. Yet the FISA Court ruling indicates that the government attempted arguing that “about” collection was acceptable under PRISM, if not upstream collection. Boasberg rejected the argument.

In addition, the NSA, FBI, and CIA can warrantlessly search the vast Section 702 databases for information on Americans, something known as a backdoor search, something they have reported doing at least tens of thousands of times annually. Yet until a recent change, the FBI did not even record how many times it searched through the NSA databases for Americans’ information.

See? That shouldn’t creep you out at all.

Oct 09 2019

The Russian Connection: Yes, They Did

The Senate Intelligence Committee released a report that clearly states that Russia interfered with the 2016 election directing a disinformation campaign against Hillary Clinton and favored Donald Trump. The bipartisan report blows a huge hole in Trump’s conspiracy theory that it was Ukraine and the Democrats.

The report corroborates past findings by researchers and the intelligence community that the notorious Internet Research Agency troll farm, as the committee wrote, “sought to influence the 2016 U.S. presidential election by harming Hillary Clinton’s chances of success and supporting Donald Trump at the direction of the Kremlin.”

The findings mark the second installment of the committee’s five-part report outlining the scope of Russian election meddling in 2016, the result of an expansive investigation that has spanned over two years and included interviews with over 200 witnesses. The committee in July unveiled the first chapter, which detailed Russian efforts to attack state elections systems and spread disinformation. The second installment focuses on the Kremlin’s documented attempts to sow political discord on social media.

We already know what triggered the Mueller investigation into the allegations of Russian interference. It was the intoxicated Trump foreign policy advisor, George Papadopoulos, shooting his mouth off in a London bar to Australian diplomats that Russia had dirt on Hillary Clinton. They reported it to the FBI who open a counterintelligence investigation into the Donald Trump presidential campaign.

The other key finding in the report states that African Americans were targeted more than any other group and the disinformation was mainly directed at race issues. Previous reports have already detailed much of this information to the public. Back in September 2017, CNN exposed a black rights Facebook account that was actually linked to Russia — yet had more followers than the official Black Lives Matter account.

The report is damning in the FBI’s handling of what knowledge they had of Russia’s meddling prior to the 2016 election. The report finds it “troubling” that in October 2016, a month before the election, rather than investigating themselves, the FBI tasked a contractor with analyzing a pro-Russian network that promoted U.S. election-related news and leaked Democratic party emails published by WikiLeaks.

Time to come home, Bill Barr, and stop wasting tax payers dollars on a debunked conspiracy theory from Trump’s brain.

NB: all emphasis is mine. TMC

Oct 09 2019

Cartnoon

Why 2020 Won’t Be Won By Centrists

What? You didn’t know Robert Reich could draw? That’s why his students love him, he puts on quite a show.

Oct 09 2019

The Breakfast Club (What A Fool Believes)

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:00am (ET) (or whenever we get around to it) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

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This Day in History

Guerrilla leader Che Guevara executed in Bolivia; Anthrax-laced letters sent to Capitol Hill; Achille Lauro hijackers surrender; Andrei Sakharov wins Nobel Peace Prize; Musician John Lennon born.

Breakfast Tunes

Something to Think about over Coffee Prozac

Reality leaves a lot to the imagination.

John Lennon

Continue reading

Oct 08 2019

2019 Junior League Division Championship Game 4: ‘Stros at Rays

Told you the ‘Stros would be playing again tonight while the Yankees are back home in New York resting their rotation. Rays did good.

  • Top 1– Solo Shot. ‘Stros 1 – 0.
  • Bottom 2– Single. Sacrifice. HBP. 3 RBI HR. Rays 3 – 1.
  • Bottom 3– Solo Shot. Rays 4 – 1.
  • Bottom 4– Solo Shot. Walk. Single. 2 RBI Double. RBI Single. Rays 8 – 1.
  • Top 6– Single. Double. 2 RBI Single. Rays 8 – 3.
  • Bottom 6– Solo Shot. Rays 9 – 3.
  • Bottom 7– Error. Single. RBI Sacrifice. Rays 10 – 3 Final. ‘Stros lead Series 2 – 1.

Especially gratifying is it’s the big trade, Greinke, that goes down. Best team in Baseball? We’ll see.

Rays are plotting one of those “Bullpen Miracle” nights that are becoming common among teams who can’t afford to stockpile Starters to use as relievers in the Post. Works well enough during the season and is a regular rarity in the Playoffs, they’ll start with Diego Castillo (R, 8 Saves, 3.41 ERA). He made an appearance during the Wild Card where he threw 2 scoreless Innings with 3 Ks. He throws… Sliders, slightly over 50% of the time, He also throws Heat, 101 mph of it.

Justin Verlander (R, 21 – 6, 2.56 ERA) takes the hil for the ‘Stros. He’s had 8 years in the Post (including this one) appearing in 26 games for a record of 14 – 7. In 159.1 Innings he has allowed 57 Runs with 18 HR and surrendered 49 Walks to 175 Ks for an ERA of 3.05. He throws Heat with Sliders and Curves for variety.

Oct 08 2019

18 Minutes? Try 5 Hours.

Among the most risible things about Watergate (you put your tape along the door jamb, not across it so the Guard can see it) is the picture of Rose Mary Woods attempting to duplicate the circumstances under which she said she accidentally erased 18 minutes of the “Smoking Gun” Tape (immediately after the “Smoking Gun” statement so if done deliberately it contained admissions of guilt that would make the “Smoking Gun” pale in comparison).

Well in Ukraine-gate (I should devote some time to finding a catchy coinage for this debacle) there is this 5 hour gap between the last text from Ukrainian Ambassador Bill Taylor to EU Ambassador Gordon Sondland-

As I said on the phone, I think it’s crazy to withhold security assistance for help with a political campaign

And Sondland’s reply-

Bill, I believe you are incorrect about President Trump’s intentions. The President has been crystal clear no quid pro quo’s of any kind.

Followed by a warning that it’s really kind of dumb to conspire, in writing, to extort dirt on a Campaign Opponent from a Foreign National WHICH IS HIGHLY ILLEGAL! No fooling.

Now we find out that during the 5 hour gap secure phone lines were burning between Pennsylvania Avenue and Kiev. Coincidence?

It would be irresponsible not to speculate.

Oct 08 2019

Pondering the Pundits

Pondering the Pundits” is an Open Thread. It is a selection of editorials and opinions from> around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Pondering the Pundits”.

Follow us on Twitter @StarsHollowGzt

Paul Krugman: The Education of Fanatical Centrists

Will they finally admit what the G.O.P. has become?

It’s hard to believe that barely three weeks have passed since Adam Schiff, the chairman of the House Intelligence Committee, issued a mysterious subpoena to the acting director of national intelligence, demanding that he produce a whistle-blower complaint filed by someone in the intelligence community.

Since that subpoena was issued, the impeachment of Donald Trump has gone from implausibility to near certainty; I at least find it hard to see how the House can fail to impeach given what we already know about Trump’s actions. Conviction in the Senate remains a long shot, but not as long as it once seemed.

And the whole tenor of our national conversation has changed. It looks to me as if we’re witnessing the rapid collapse of a powerful faction in U.S. public life, one whose refusal to accept facts at odds with its prejudices has long been a major source of political dysfunction.

Eugene Robinson: The GOP’s bootlicking cowardice knows no bounds

President Trump’s defense against impeachment is bombastic, full of lies and incoherent to the point of lunacy, which is no surprise. Republicans are beclowning themselves to pretend Trump is making sense — and that, sadly, is also no surprise.

Trump has described his smoking-gun phone call with Ukrainian President Volodymyr Zelensky as “perfect,” which is only true from the point of view of the prosecutors in his impeachment trial — if it comes to that. His lawyer, Rudolph W. Giuliani, has claimed that Zelensky was the first to mention Joe and Hunter Biden, while the rough transcript of the call clearly shows it was Trump who did so. Trump has demanded that the whistleblower be unmasked, and claimed that he or she somehow misrepresented the call, hoping no one will notice that the allegations in the whistleblower’s complaint have been confirmed by documents and statements released by the White House. [..]

At this point, we can dispense with the notion that Trump welcomes impeachment because he believes it gives him a political advantage. He reportedly told House Republicans that being impeached would be “a bad thing to have on your résumé.” His tweets and harangues betray what seems to be a visceral horror of being hauled into the dock and put on trial, even if he believes that, ultimately, he will not be removed from office. In his long life of privilege, Trump has rarely been held accountable for his bad behavior. He seems not to enjoy the experience.

For now, Trump can cling to the fact that lily-livered Republicans still fear his wrath. They’re looking at the polls, though, and hearing from their constituents. It is certainly true that brute-force intimidation can compel obedience — but it rarely generates true loyalty.

Catherine Rampell: Trump found a way to simultaneously sabotage our health-care and immigration systems

President Trump sabotaged the health-care system. Separately, he’s sabotaged the immigration system.

And now, in a presidential twofer, on Friday night the administration found a way to sabotage both simultaneously.

Unable to repeal Obamacare, the Trump administration has worked to make it less functional and more expensive. It has done this by zeroing out the individual mandate, expanding the availability of cheap but worthless junk insurance and curtailing the annual open-enrollment period, among other actions.

The cumulative effect of these policies has been to reduce the share of people who have (real, non-junk) insurance; those still motivated to seek comprehensive insurance tend to be sicker and more expensive to cover. The predictable result? Premiums hundreds of dollars higher than they would otherwise be, according to estimates from health-care analyst Charles Gaba.

Robert Reich: Trump is the kid with his hand in the cookie jar – and Republicans know it

Don’t assume the Senate won’t convict and remove a president who sees the danger and grows more desperate by the day

Donald Trump will almost certainly be impeached in the House, possibly as soon as Thanksgiving. The odds are rising that he’ll be convicted in the Senate.

There are only two questions at stake, and the answers to both are becoming more obvious to more Americans every day.

The first is whether asking a foreign power to dig up dirt on a political opponent is an impeachable offense. The answer is indubitably yes.

When the framers of the constitution gave Congress the power to impeach a president, one of the high crimes they had in mind was acceding to what Alexander Hamilton called “the desire in foreign powers to gain an improper ascendant in our councils”. James Madison argued for impeachment lest a president “might betray his trust to foreign powers”.

The second question is whether Trump did this. The answer is also an unqualified yes. In the published version of his phone conversation with Ukraine’s president, Volodymyr Zelenskiy, Trump asks for the “favor” of digging up dirt on Joe Biden.

Everything Trump has tried to do to divert attention from these two facts is further undermining his case and his credibility.

Simon Tisdall: The US withdrawal from northern Syria creates the perfect climate for war crimes

Erdoğan aims to expel refugees and force Kurdish forces away from Turkey. It will result in enormous damage

Donald Trump’s rash and foolish decision to pull the remaining US ground troops out of northeast Syria is a shocking betrayal of the Kurdish forces that were instrumental in destroying the Islamic State “caliphate”. It opens the way for a vicious, protracted struggle between the Kurds and Turkey’s military, which is poised to cross the border. And that in turn presages more civilian suffering in a country that has seen far too much during the past eight years.

Trump’s impromptu order was taken against the advice of his generals and diplomats and without prior consultation with allies such as the UK that have forces in the field. It came following a telephone conversation with Recep Tayyip Erdoğan, Turkey’s president, on Sunday evening. Trump tried last year to withdraw US forces but was thwarted at the time. Now he has got his myopic, capricious way. Erdoğan has been pushing for months to create

what he terms a “safe zone” on Syrian territory 20 miles deep by 300 miles long. For him, too, altruism is not a motive.

Erdoğan has three aims, all problematic. One is to force the Kurdish-led Syrian Democratic Forces (SDF), which comprise about 60,000 fighters, away from Turkey’s southern border. Erdoğan vilifies the SDF as terrorists in cahoots with the PKK – the Turkey- and Iraq-based Kurdistan Workers’ party that Ankara has been fighting for decades. The terrorist tag is not remotely accurate. But demonising all Kurds as enemies of the state is a familiar tactic used by Erdoğan to bolster his divisive, dictatorial nationalist agenda.

Oct 08 2019

The Russian Connection: “Great And Unmatched” Stupidity

Over the weekend, Donald Trump sowed more chaos when he announced that he was pulling US troops out of northeastern Syria abandoning the Kurdish forces who helped defeat ISIS giving the green light to Turkey to attack the Kurds, whom the Turks consider terrorists. The decision came after a Sunday phone call Trump had with Turkish President Recep Tayyip Erdoğan which blindsided, not only the Kurds, but his advisers, the Pentagon and Trump’s Republican congressional supporters.

The White House has given the green light to a Turkish offensive into northern Syria, moving US forces out of the area in an abrupt foreign policy change that will in effect abandon the Kurds, Washington’s longtime military partner.

Kurdish forces have spearheaded the campaign against Islamic State in the region, but the policy swerve, after a phone conversation between Donald Trump and Recep Tayyip Erdoğan on Sunday, means Turkey would take custody of captured Isis fighters, the White House said.

It has also raised fears of fresh fighting between Turkey and Kurdish forces in Syria’s complex war now the US no longer acts as a buffer between the two sides.

An anonymous official, who heard the call, said that Trump got “rolled” by Erdoğan and was spineless

The phone call was scheduled after Turkey announced it was planning to invade Syria, and hours after Erdogan reinforced his army units at the Syrian-Turkish border and issued his strongest threat to launch a military incursion, according to the National Security Council official to whom Newsweek spoke on condition of anonymity.

The U.S. withdrawal plays into the hands of the Islamic State group, Damascus and Moscow, and the announcement left Trump’s own Defense Department “completely stunned,” said Pentagon officials. Turkey, like the United States, wants regime change in Syria. Russia and Iran support the Assad regime.

“President Trump was definitely out-negotiated and only endorsed the troop withdraw to make it look like we are getting something—but we are not getting something,” the National Security Council source told Newsweek. “The U.S. national security has entered a state of increased danger for decades to come because the president has no spine and that’s the bottom line.”

Asked on Monday, if he had consulted with congressional leadership, the Pentagon and the Joint Chiefs, Trump naturally lied. National security leaders were left out of the loop on the move which bucked their views:

The White House announcement upended military and State Department plans to deter a Turkish offensive with a system of safe zones and joint patrols that were getting underway. And it bucked views by top officials that the Turks’ threat of an incursion against the Kurds was a bluff, according to current and former defense officials and people familiar with the U.S. government’s efforts to forestall a new Turkish military operation.

“Everyone was absolutely flabbergasted by this. I tell you that as a fact,” retired Adm. James Stavridis said Monday on MSNBC, describing what he saw as the view from the Pentagon. “Nobody saw it coming, and that is a real problem when you’re trying to conduct not only foreign policy … but also military operations. That kind of whipsawing effect is extremely detrimental, not only in this tactical situation, but strategically as our planners try and prepare in other theaters, from North Korea to Afghanistan.” [..]

But a person familiar with the U.S. government’s policy deliberations on the issue said Trump is operating against the advice of his national security leaders — noting that Sunday night’s announcement came just three days after Defense Secretary Mark Esper spoke by phone with Turkish Defense Minister Hulusi Akar.

“POTUS went rogue,” the person said. “It’s not too surprising for those of us who’ve been following him, but it was a surprise and went against what Esper was talking to Akar about.”

The backlash from both sides of the congressional aisle started almost immediately with the Republican lead Senate gearing up to sanction Turkey if they invade Syria.

From steadfast GOP allies and liberal Democrats backing an impeachment inquiry, the blowback to Trump is coming from all angles, suggesting a real bipartisan pressure campaign that could force the president to reverse himself.

Senate Majority Leader Mitch McConnell (R-Ky.) is reminding Trump of supermajorities supporting a U.S. presence in Syria. Sen. Lindsey Graham (R-S.C.) is threatening sanctions against Turkey in partnership with Sen. Chris Van Hollen (D-Md.). And a bipartisan pair of Senate Foreign Relations Committee members are demanding administration officials testify before Congress. [..]

Graham said Monday he will put forward a Senate resolution asking Trump to change course, predicting it “will receive strong bipartisan support.” In February, 70 senators supported a nonbinding amendment backing U.S. operations in both Syria and Afghanistan. [..]

In a rare statement chiding Trump, McConnell referenced the amendment adopted earlier this year, noting “the conditions that produced that bipartisan vote still exist today.”

“ISIS and al Qaeda remain dangerous forces in Syria and the ongoing Syrian civil war poses significant security and humanitarian risks. A precipitous withdrawal of U.S. forces from Syria would only benefit Russia, Iran, and the Assad regime,” the GOP leader said. “I urge the president to exercise American leadership to keep together our multinational coalition to defeat ISIS.”

Not far behind came a statement from Speaker Nancy Pelosi that echoed the Kentucky Republican: “This decision poses a dire threat to regional security and stability, and sends a dangerous message to Iran and Russia, as well as our allies, that the United States is no longer a trusted partner.” [..]

And the sheer volume of criticism from Capitol Hill suggests this move on Syria is even more offensive to the GOP. Other than Sens. Rand Paul (R-Ky.), Mike Lee (R-Utah) and Rep. Matt Gaetz (R-Fla.), there were almost no members of Congress defending the president on Monday.

The question is if congress passes veto proof resolution to stop the withdrawal, will Trump comply? If he doesn’t, how will that effect Republicans on an impeachment trial?

While we are trying to process Trump’s Chaos Circus, October 7 was Russian President Vladimir Putin’s birthday and here is some more food for thought from Paul Krugman:

And now this

Oct 08 2019

Cartnoon

You keep using that word, I do not think it means what you think it means

It means “This for that,” in Latin.

Oct 08 2019

‘Gina

“Best case scenario-

You win a Chocolate Contest and you end up impressing a Slave Owner by surviving his child murder factory but that’s only going to happen to… what? 12, 14 of them tops? The rest of them are facing a big challenge here.”

Oct 08 2019

The Breakfast Club (Right And Wrong)

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:00am (ET) (or whenever we get around to it) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

photo stress free zone_zps7hlsflkj.jpg

This Day in History

Deadly fires scorch Chicago and other parts of Upper Midwest; Communist Poland bans labor groups; Alexander Solzhenitsyn wins Nobel Prize for Literature; Don Larsen pitches ‘perfect’ World Series game.

Breakfast Tunes

Ginger Baker 19 August 1939 – 6 October 2019

Something to Think about over Coffee Prozac

Are right and wrong convertible terms, dependant upon popular opinion?

William Lloyd Garrison

Continue reading

Oct 07 2019

2019 Junior League Division Championship Game 3: Yankees at Twins

Think the Yankees can win 1 out of 3 against the Twins?

Me too.

  • Bottom 1– Double. Walk. Sacrifice. RBI Single. Yankees 1 – 0.
  • Bottom 3– Single. Walk. Single. RBI Sacrifice. RBI Single. HBP. Grand Slam. Walk. Single. RBI Single. Yankees 8 – 0.
  • Top 4– Walk. Single. RBI Single. Yankees 8 – 1.
  • Top 9– Single. RBI Double. Yankees 8 – 2 Final. Yankees lead Series 2 – 0.

Not exciting.

This could be a statement game, just like the win streak after the Greinke trade. ‘Stros will be playing tomorrow, Yankees may not need to.

The Yankees will start Luis Severino (R, 1 – 1, 1.5 ERA), his weird numbers are due to the fact he spent most of the year on the DL, this will be his 3rd Post Season. He has appeared in 6 games with a record of 1 – 2. In 23 Innings he has allowed 16 Runs and 5 HR with 14 Walks and 21 Ks for an ERA of 6.26. He throws Heat with Sliders and Changeups for his off pitches.

Twins last gasp is Jake Odorizzi (R, 15 – 7, 3.51 ERA). He’s a Playoff Rookie and likes to throw Fastballs with Splitters and Sliders to mix things up.

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