Tag: TMC Politics

Democratic Choices for New Yorkers

New York State’s Primary is September 9. New York registered Democratic voter’s will have an option for governor and lieutenant governor, despite incumbent Governor Andrew Cuomo’s best efforts to keep his challenger, Fordham University law professor Zephyr Teachout, off the ballot. Prof. Teachout and her running mate , Columbia Law professor, Tim Wu are gaining name recognition are gaining recognition and important endorsements from labor unions, environmental groups to the National Organization for Women (NOW). The campaign’s platform is clear in it’s support of a Democratic liberal agenda that opposes corruption and fracking; calling for support and funding of free public education; increase of the minimum wage; fair taxation; rebuilding infrastructure and real campaign finance reform.

The campaign has focused attention on Gov. Cuom’s failures to live up to his 2010 campaign promises and has criticized his selection of conservative Democrat, Kathy Hochul, the former Democratic representative to the federal House, as a running mate.

Teachout and her running mate Tim Wu unveiled the first installment of what they called the “Hochul Dossier” detailing the Erie County Democrat’s conservative leanings. The first segment dealt with Hochul’s stint in Congress and several votes she took siding with House GOP leaders against the Obama administration. [..]

Teachout said Cuomo’s choice of Hochul is part of a pattern of behavior that shows the governor is at odds with Democratic primary voters. She also noted his failure to support more ardent redistricting reforms and his lack of support for a Democratic takeover of the state Senate. [..]

Democrat Zephyr Teachout says Gov. Cuomo’s choice for lieutenant governor is too conservative Christie M Farriella/for New York Daily News Democrat Zephyr Teachout says Gov. Cuomo’s choice for lieutenant governor is too conservative

With barely two weeks to go until the Democratic primary, gubernatorial hopeful Zephyr Teachout’s campaign launched a new broadside against Gov. Cuomo’s pick for lieutenant governor, Kathy Hochul.

Teachout and her running mate Tim Wu unveiled the first installment of what they called the “Hochul Dossier” detailing the Erie County Democrat’s conservative leanings. The first segment dealt with Hochul’s stint in Congress and several votes she took siding with House GOP leaders against the Obama administration.

“Kathy Hochul is a choice that Andrew Cuomo made that reflects his own Republican values as opposed to Democratic values,” Teachout said on a conference call with reporters to announce the dossier. The campaign plans to release three other segments of the dossier over the next 10 days.

Teachout said Cuomo’s choice of Hochul is part of a pattern of behavior that shows the governor is at odds with Democratic primary voters. She also noted his failure to support more ardent redistricting reforms and his lack of support for a Democratic takeover of the state Senate.[..]

Among the votes cited by Teachout and Wu were instances where Hochul supported GOP-led efforts to strip away portions of Obamacare, block funding for groups affiliated with the scandal-plagued community group ACORN and hold Attorney General Eric Holder in contempt of Congress for failing to produce documents related to the “Fast and Furious investigation.”

The campaign also released this video of Ms. Hochul’s conservative leanings.

Professors Teachout and Wu may be underdogs but they are giving disgruntled Democrats in New York a clear choice on the issues and the kind of government most New Yorkers really want. The choice on Speedometer 9th is a choice between real Democrats or Republicans cloaked in a Democratic facade.

Ferguson’s War on Freedom of the Press

Reporting the events by the news media in Ferguson, MO has become very problematic with the police limiting not only the press access to the demonstrations on the ground but the Federal Aviation Administration has created an unprecedented “no fly zone” over the town. The excuse is “to provide a safe environment for law enforcement operations.” The same reasoning was given repeatedly by Missouri Highway Patrol Captain Ron Johnson who has also threatened and ordered arrests of reporters.

The situation was so bad last week that on August 14 the ACLU sued the town and county and won a court order from a judge telling police that they cannot bar journalists from reporting which was promptly ignored.

Why is this happening? Of course the police excuse is that they are “protecting” the reporters and have also made the unsubstantiated accusation that the press is interfering with police operations. The real reason is they don’t want a free press to record any brutality on the part of the police in containing the demonstrators, peaceful or otherwise. Nor do they want the entrapment tactics, like blocking egress at both ends of the streets refusing to allow protestors to exit, then arresting them when they try to pass through to go home.

The bogus press conference that Capt. Johnson held in the wee hours of Tuesday morning, displaying a Molotov cocktail and other items confiscated from alleged “agitators,” was contrived to justify the use of tear gas, smoke bombs, rubber bullets and other military type weapons. It was fairly obvious from a trained observer that the way the “evidence” was handled – no gloves – and displayed – not bagged and tagged – that these were just props in the side show. Yes, capt Johnson, I call you on your preprocessed bovine waste (thank you, John Oliver).

Published on Aug 21, 2014

With 11 journalists arrested thus far, Truthout.org investigative reporter Mike Ludwig describes how Ferguson police are using intimidation tactics against journalists.



Transcript can be read here

Restricting and harassing the free press is a cover up of police criminality of the first order and it is being aided and abetted by the state government of Missouri and Federal government.  

“Take the ‘F*cking Toys’ Away from the Police”

Last Week Tonight with John Oliver: Ferguson, MO and Police Militarization

My one disagreement with John, the cops shouldn’t get these “toys” back no matter how well they might behave.

Rethinking “Throwing It Like A Girl”

Cross posted from The Stars Hollow Gazette

Have you ever been told you do something like a girl? Or told someone they were “doing that like a girl?” Have you ever considered the implications of that? Now consider this

13-year-old girl leads team to Little League World Series

BRISTOL, Conn. — Female pitcher Mo’ne Davis led her team into the Little League World Series, throwing a three-hitter Sunday to lead Taney Youth Baseball Association Little League of Philadelphia to an 8-0 victory over a squad from Delaware.

Davis struck out six in the six-inning game in the Mid-Atlantic Regional championship game.

The 13-year-old will become the 18th girl to play in the Little League World Series in 68 years.

A girl playing with the boys, out throwing them and out playing them. It is time to rewrite what it means to do something “like a girl.”

It’s time to end the sexist term the negates the worth of girls and women.

Regulating Pay Day Lenders Is Like Whack-A-Mole

Cross posted from The Stars Hollow Gazette

On HBO’s “Last Week Tonight” John Oliver took on the predatory Pay Day loan scams which he described as the “circle of debt” and is like trying to regulate “Wack-a-Mole.”

Payday loans put a staggering amount of Americans in debt. They prey on the elderly and military service members. They’re awful, and nearly impossible to regulate. We’ve recruited Sarah Silverman to help spread the word about how to avoid falling into their clutches.

On Monday it was announced that New York prosecutors were going to take another wack at them.

New York Prosecutors Charge Payday Lenders With UsuryNew York Prosecutors Charge Payday Lenders With Usury

By Jessica Silver Greenberg, The New York Times

A trail of money that began with triple-digit loans to troubled New Yorkers and wound through companies owned by a former used-car salesman in Tennessee led New York prosecutors on a yearlong hunt through the shadowy world of payday lending.

On Monday, that investigation culminated with state prosecutors in Manhattan bringing criminal charges against a dozen companies and their owner, Carey Vaughn Brown, accusing them of enabling payday loans that flouted the state’s limits on interest rates in loans to New Yorkers.

Such charges are rare. The case is a harbinger of others that may be brought to rein in payday lenders that offer quick cash, backed by borrowers’ paychecks, to people desperate for money, according to several people with knowledge of the investigations.

“The exploitative practices – including exorbitant interest rates and automatic payments from borrowers’ bank accounts, as charged in the indictment – are sadly typical of this industry as a whole,” Cyrus R. Vance Jr., the Manhattan district attorney, said on Monday.

In the indictment, prosecutors outline how Mr. Brown assembled “a payday syndicate” that controlled every facet of the loan process – from extending the loans to processing payments to collecting from borrowers behind on their bills. The authorities argue that Mr. Brown, along with Ronald Beaver, who was the chief operating officer for several companies within the syndicate, and Joanna Temple, who provided legal advice, “carefully crafted their corporate entities to obscure ownership and secure increasing profits.”

Now if they had just done the same with the CEO’s of the Too Big To Fail banks.

The CIA Still Trying to Cover Up That It Tortured

When the Senate Select Committee on Intelligence (SSCI) agreed to declassify and release the executive summary of the 6,000 page investigation into the CIA’s use of torture last April, it also agreed to allow the White House to review the 480 page document for review. The White House announced that the CIA would take the lead in that review, virtually leaving the decision on what if any incriminating evidence that they tortured in the hands of the accused.

The writers at Techdirt have been joking about the “buckets of black ink” that would be “dumped” on the report. After weeks of waiting, no one should be surprised that the heavily redacted document that was returned to the SSCI on August 1 was barely coherent.

Late Friday, Senator Dianne Feinstein announced that the White House had returned the executive summary, but she’s a bit overwhelmed by all the black ink and is holding off releasing the document until her staff can look into why there were so many redactions:

   “The committee this afternoon received the redacted executive summary of our study on the CIA detention and interrogation program.

   A preliminary review of the report indicates there have been significant redactions. We need additional time to understand the basis for these redactions and determine their justification.

   Therefore the report will be held until further notice and released when that process is completed.”

Director of National Intelligence James Clapper responded that Sen. Feinstein’s complaint was unfounded stating that there were “minimal redactions,”  claiming that 85% of the document was not blacked out. Techdirt‘s Mike Masnick thinks Clapper may have been counting the margins

Of course, as Marcy Wheeler has pointed out, this is just about the executive summary of the report — which was specifically written to be published. In other words, the really “secret” stuff is in the rest of the report, but the 408 page exec summary was written with public disclosure in mind — meaning that the Senate Intelligence Committee staffers certainly wrote it with the expectation that it would need few, if any, redactions. So the fact that large chunks of it were redacted immediately set off some alarms.

SSCI Chairperson Sen. Feinstein (D-CA) released this statement:

After further review of the redacted version of the executive summary, I have concluded that certain redactions eliminate or obscure key facts that support the report’s findings and conclusions. Until these redactions are addressed to the committee’s satisfaction, the report will not be made public.

I am sending a letter today to the president laying out a series of changes to the redactions that we believe are necessary prior to public release. The White House and the intelligence community have committed to working through these changes in good faith. This process will take some time, and the report will not be released until I am satisfied that all redactions are appropriate.

The bottom line is that the United States must never again make the mistakes documented in this report. I believe the best way to accomplish that is to make public our thorough documentary history of the CIA’s program. That is why I believe taking our time and getting it right is so important, and I will not rush this process.

Sen. Carl Levin (D-MI), a member of the SSCI, also released a statement condemning the redactions as nothing more that a cover up of “embarrassing information:”

The redactions that CIA has proposed to the Intelligence Committee’s report on CIA interrogations are totally unacceptable. Classification should be used to protect sources and methods or the disclosure of information which could compromise national security, not to avoid disclosure of improper acts or embarrassing information. But in reviewing the CIA-proposed redactions, I saw multiple instances where CIA proposes to redact information that has already been publicly disclosed in the Senate Armed Services Committee report on detainee abuse that was reviewed by the administration and authorized for release in 2009. The White House needs to take hold of this process and ensure that all information that should be declassified is declassified.

Another committee member, Sen Mark Udall (D-C)) thought it was very clear that Director Clapper’s intentions were to distort the record

While Director Clapper may be technically correct that the document has been 85 percent declassified, it is also true that strategically placed redactions can make a narrative incomprehensible and can certainly make it more difficult to understand the basis for the findings and conclusions reached in the report. I agree wholeheartedly that redactions are necessary to protect intelligence sources and methods, but the White House must work closely with this committee to reach this goal in a way that makes it possible for the public to understand what happened.

According to a report in McClatchy, the summary carefully used pseudonyms of covert CIA agents and foreign countries that was much of what was blacked out:

Tom Mentzer, a spokesman for the committee’s chairwoman, Sen. Dianne Feinstein, D-Calif., told McClatchy on Monday that the blackouts _ officially known as redactions _ were made to pseudonyms used for both covert CIA officers and foreign countries.

“No covert CIA personnel or foreign countries are named in the report,” he said. “Only pseudonyms were used, precisely to protect this kind of information. Those pseudonyms were redacted (by the administration).”

All of the pseudonyms were excised from the version of the executive summary that the White House returned to the committee on Friday, a person familiar with the issue said.

Lawmakers seem willing to accept some redactions, but others made by the CIA and the White House would make it difficult or impossible to understand the subject being discussed, especially when a pseudonym appears in multiple references, said the knowledgeable person, who requested anonymity because of the matter’s sensitivity.

The Intercept‘s Jeremy Scahill joined MSNBC’s Alex Wagner on “NOW” to discuss the dispute over the redacted report

The CIA tortured and the US government approved it and still continues some forms of torture It is now actively engaged in the continued refusal to prosecute the crimes and still trying to make it sound like it was just a “mistake.” Waterboarding someone 183 times is not a mistake, it is a crime, a war crime. No amount of “awe shucks” statements by President Barack Obama that “we tortured some folks” or calling the perpetrators “patriots” will excuse the fact that they broke the law.

The Senate Select Committee on Intelligence should just release the executive report. The Justice Department should do its due diligence and prosecute the tortures and those who authorized it. Director Clapper and CIA Director John Brennan should be fired and prosecuted for lying to the Senate and their roles in the torture program. Pres. Obama should uphold his oath of office or be impeached.

US Government Manipulating the Press

We all know that the government manipulates the news with its propaganda that became obvious with the exposure of New York Times reporter Judith Miller’s complicity in spreading the lies that led to the illegal invasion of Iraq. Since then the government has been caught requesting the press withhold stories, or like today, leaking a scoop to another media outlet, a new low.

Spy Agency Stole Scoop From Media Outlet And Handed It To The AP

By Ryan Grim, The Huffington Post

The Associated Press dropped a significant scoop on Tuesday afternoon, reporting that in the last several years the U.S. government’s terrorism watch list has doubled.

A few minutes after the AP story consisting of three paragraphs was posted at 12:32 p.m., The Intercept published a much more comprehensive article. [..]

The government, it turned out, had “spoiled the scoop,” an informally forbidden practice in the world of journalism. To spoil a scoop, the subject of a story, when asked for comment, tips off a different, typically friendlier outlet in the hopes of diminishing the attention the first outlet would have received. Tuesday’s AP story was much friendlier to the government’s position, explaining the surge of individuals added to the watch list as an ongoing response to a foiled terror plot.

The practice of spoiling a scoop is frowned upon because it destroys trust between the journalist and the subject. In the future, the journalist is much less willing to share the contents of his or her reporting with that subject, which means the subject is given less time, or no time at all, to respond with concerns about the reporting.

According to Mr. Grim, The Intercept editor, John Cook, called the National Counterterrorism Center, the subject of the story by The Intercept article by Ryan Devereaux and Jeremy Scahill. Mr. Cook informed the official he spoke with that in the future the agency would only be given a 30 minute time frame to respond to questions about articles before they are published.

I don’t know if Associated Press reporter, Eileen Sullivan, was aware of The Intercept article, or if she was given access to the classified documents (pdf) on which the articles are based. I suspect she was spoon fed the information for the government friendly piece she wrote since she has no links to the documents. The link to the classified file was tweeted by Glenn Greenwald this afternoon.

Now the government is telling CNN that they believe there is a new “leaker”. Nice try, “folks,” but this isn’t about who leaked what but exposing just how much the government us intruding into the lives of its citizens and totally disregarding guaranteed constitutional rights and the law.

Don’t forget to read the article, Barack Obama’s Secret Terrorist-Tracking System, by the Numbers by Jeremy and Ryan at The Intercept, it is quite an eye opener.

Duck and Cover: Nuclear Grade Bull S&!T

Cross posted from The Stars Hollow Gazette

Now here is something that should make the hair on the back of you neck stand up.

John Oliver: US uses ‘weapons-grade bullsh*t’ to rationalize massive nuclear arsenal

By Tom Boggioni, Raw Story

[..]Last Week Tonight on HBO, host John Oliver took up the very important, but much ignored, topic of America’s aging nuclear arsenal. Oliver noted  our weapons facilities are plagued by crumbling infrastructure, suspect military oversight, politicians refusing to cut-off funding, and computers so old they run on floppy disks.

Pointing out that, despite cut backs in our nuclear arsenal, America still maintains 4,804 nuclear warheads, Oliver notes that is enough to “not only destroy Earth, but provide 4th of July fireworks for Martians.”

With nuclear ICBMs located in silos in Wyoming, Montana, and North Carolina, Oliver shared a wealth of clips describing poor maintenance and computers designed to launch the missiles using ancient software still contained on 5.25-inch floppy disks.

“Holy shit!,” Oliver exclaimed. “Those things barely look powerful enough to run Oregon Trail, much less earth-ending weaponry.”

Democracy Under Fire

Cross posted from The Stars Hollow Gazette

In a joint statement, the ACLU and Human Rights Watch released a 120 page report documenting how mass surveillance by the US is undermining constitutional rights to freedom of the press and legal council

The 120-page report, “With Liberty to Monitor All: How Large-Scale US Surveillance is Harming Journalism, Law, and American Democracy,” is based on extensive interviews with dozens of journalists, lawyers, and senior US government officials. It documents how national security journalists and lawyers are adopting elaborate steps or otherwise modifying their practices to keep communications, sources, and other confidential information secure in light of revelations of unprecedented US government surveillance of electronic communications and transactions. The report finds that government surveillance and secrecy are undermining press freedom, the public’s right to information, and the right to counsel, all human rights essential to a healthy democracy.

Amy Goodman and Aaron Mate sat down with Alex Sinha, Aryeh Neier fellow at Human Rights Watch and the American Civil Liberties Union, and Jeremy Scahill, staff reporter with The Intercept to discuss the threat to Americans’ liberties.

In a new report, Human Rights Watch and the American Civil Liberties Union warn that “large-scale surveillance is seriously hampering U.S.-based journalists and lawyers in their work.” The report is based on interviews with dozens of reporters and lawyers. They describe a media climate where journalists take cumbersome security steps that slows down their reporting. Sources are afraid of talking, as aggressive prosecutions scare government officials into staying silent, even about issues that are unclassified. For lawyers, the threat of surveillance is stoking fears they will be unable to protect a client’s right to privacy. Some defendants are afraid of speaking openly to their own counsel, undermining a lawyer’s ability provide the best possible defense.



Transcript can be read here

Journalism under fire: America’s freedom of the press is in danger

By Heather Digby Parton, Salon

If there’s one thing that civil libertarians across the American political spectrum tend to agree upon, it’s that the Bill of Rights is a guiding document. It doesn’t say everything but it says a lot. The various political factions do sometimes differ in their emphasis and interpretation, with the right’s civil libertarians often tending to focus more closely on the 1st Amendment’s establishment clause and the 2nd Amendment while the left-leaning civil libertarians take a harder line on freedom of speech and the 4th amendment. This is of course a sweeping generalization which can be disproved in dozens of individual cases, but for the sake of argument, it can probably be stipulated that those who concern themselves with the civil liberties enshrined in the Constitution all agree on the Bill of Rights’ importance to our constitutional order.  And they tend to agree across the board, with equal fervor, on the necessity of a free press to a functioning democracy. [..]

Considering the reaction of many people in the government toward reporters involved in the NSA revelation, it’s clear they have reason to be paranoid. There are government officials awho consider them to be spies and have said they should be punished as such. Even fellow journalists have brought up the question of “aiding and abetting” as if it’s a legitimate line of inquiry.

The atmosphere of mistrust is also rampant within the government, as with the administration having cracked down on contacts between the intelligence community and issuing threats of legal action even before the Snowden revelations. The institutionalized, government-wide initiative called the Insider Threat Program could have any federal employee looking over his  shoulder and worrying that his innocent behavior might be construed as suspicious. [..]

And it’s not just national security agencies that are subject to this program. They are in effect in departments as disparate as the Department of Education and the Peace Corps.

Top Journalists and Lawyers: NSA Surveillance Threatens Press Freedom and Right to Counsel

By Dan Froomkin, The Intercept

Not even the strongest versions of NSA reform being considered in Congress come anywhere close to addressing the chilling effects on basic freedoms that the new survey describes.

“If the US fails to address these concerns promptly and effectively,” report author  G. Alex Sinha writes, “it could do serious, long-term damage to the fabric of democracy in the country.”

Even before the Snowden revelations, reporters trying to cover important defense, intelligence and counter-terrorism issues were reeling from the effects of unprecedented secrecy and attacks on whistleblowers.

But newfound awareness of the numerous ways the government can follow electronic trails –  previously considered the stuff of paranoid fantasy – has led sources to grow considerably more fearful.

USA Freedom Act Still Won’t Protect Americans’ Liberties

Cross posted from The Stars Hollow Gazette

Senator Patrick Leahy (D-NH) introduced the version of the USA Freedom Act on Tuesday.

Leahy’s bill, like the House’s, would still provide the NSA with access to enormous amounts of American phone data. Though it would require a judge to issue an order to telecos for “call detail records” based on a “reasonable, articulable suspicion” of association with terrorism or a foreign power, the NSA will be able to use that single order to obtain the “call detail records” of a suspicious entity, as well as those of entities in “direct connection” with it and entities in connection with those.

While that would permit the NSA to yield thousands of records off of a single court order, on a daily basis for six months, the NSA and the bill’s architects contend that it bans “bulk collection.”

Leahy’s bill would go further than the House version in narrowing the critical definition of “specific selection term,” a foundational aspect of the bill defining what the government can collect. The House definition is a “term specifically identifying a person, entity, account, address, or device,” which privacy groups have lambasted as unreasonably broad.

Seeking to plug that loophole, Leahy would prevent the NSA or the FBI from accessing a service provider’s entire clientele or a wholesale “city, state, zip code, or area code.”

Although the Leahy bill has the support of several civil libertarian groups and major tech firms like Facebook and Google, it does not revive some privacy proposals that those organizations considered crucial but the intelligence agencies and their advocates in Congress stripped from the House measure.

There are still some really big loopholes, as noted by emptywheel’s Marcy Wheeler:

Leahy’s bill retains the language from USA Freedumber on contact chaining, which reads,

   (iii) provide that the Government may require the prompt production of call detail records-

   (I) using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii) as the basis for production; and

   (II) using call detail records with a direct connection to such specific selection term as the basis for production of a second set of call detail records;

Now, I have no idea what this language means, and no one I’ve talked to outside of the intelligence committees does either. It might just mean they will do the same contact chaining they do now, but if it does, why adopt this obscure language? It may just mean they will correlate identities, and do contact chaining off all the burner phones their algorithms say are the same people, but nothing more, but if so, isn’t there clearer language to indicate that (and limit it to that)? [..]

I remain concerned, too, that such obscure language would permit the contact chaining on phone books and calendars, both things we know NSA obtains overseas, both things NSA might have access to through their newly immunized telecom partners.

In addition, Leahy’s bill keeps USA Freedumber’s retention language tied to Foreign Intelligence purpose, allowing the NSA to keep all records that might have a foreign intelligence purpose.

That’s just for starters. She is also concerned about the vague language will still be used to allow bulk collection. She doesn’t think it’s strong enough

The question is whether this “agency protocol” – what Chief Justice John Roberts said was not enough to protect Americans’ privacy – is sufficient to protect Americans’ privacy.

I don’t think it is.

First, it doesn’t specify how long the NSA and FBI and CIA can keep and sort through these corporate records (or what methods it can use to do so, which may themselves be very invasive).

It also permits the retention of data that gets pretty attenuated from actual targets of investigation: agents of foreign powers that might have information on subjects of investigation and people “in contact with or known to” suspected agents associated with a subject of an investigation.

Known to?!?! Hell, Barack Obama is known to all those people. Is it okay to keep his data under these procedures?

Also remember that the government has secretly redefined “threat of death or serious bodily harm” to include “threats to property,” which could be Intellectual Property.

So CIA could (at least under this law – again, we have no idea what the actual FISC orders this is based off of) keep 5 years of Western Union money transfer data until it has contact chained 3 degrees out from the subject of an investigation or any new subjects of investigation it has identified in the interim.

In other words, probably no different and potentially more lenient than what it does now.

And one more thing from Marcy: Leahy’s version still will allow the FBI uncounted use of backdoor searches:

I strongly believe this bill may expand the universe of US persons who will be thrown into the corporate store indefinitely, to be subjected to the full brunt of NSA’s analytical might.

But that’s not the part of the bill that disturbs me the most. It’s this language:

   ‘(3) FEDERAL BUREAU OF INVESTIGATION.-

   Subparagraphs (B)(iv), (B)(v), (D)(iii), (E)(iii), and (E)(iv) of paragraph (1) of subsection (b) shall not apply to information or records held by, or queries conducted by, the Federal Bureau of Investigation.

The language refers, in part,  to requirements that the government report to Congress [..]

These are back door searches on US person identifiers of Section 702 collected data – both content (iv) and metadata (v).

In other words, after having required the government to report how many back door searches of US person data it conducts, the bill then exempts the FBI.

The FBI – the one agency whose use of such data can actually result in a prosecution of the US person in question.

We already know the government has not provided all defendants caught using 702 data notice. And yet, having recognized the need to start counting how many Americans get caught in back door searches, Patrick Leahy has decided to exempt the agency that uses back door searches the most.

And if they’re not giving defendants notice (and they’re not), then this is an illegal use of Section 702.

While the Senate version may be a good enough reason for some civil libertarians, privacy groups and technology firms to back, it still falls far short of what is needed to protect Americans’ constitutional rights and privacy.

“Torture Is Not a Public Relations Problem”

Cross posted from The Stars Hollow Gazette

Here is message to the Obama administration, as well as, past and present high ranking members of the CIA from David Cole, constitutional law, national security, and criminal justice professor at George Washington University, in his op-ed at the Washington Post:

Torture us not a public relations problem. It is a grave human rights abuse and a war crime.

Yet, once again the Obama administration has enable the torturers to manipulate the narrative to cover up their crimes.

Back in April, the Senate Select Committee on Intelligence voted to declassify part of its 6300 page report that concluded torture to be an ineffective intelligence-gathering technique and the CIA lied about its value. The committee also agreed to allow the White House to review the document with the CIA’s participating in approving what would be released to the public. Talk about a serious conflict of interest. This is tantamount to allowing an accused murderer to decide what evidence will be presented to the jury at his trial.

Up until Friday, a dozen ex-CIA officials were going to be allowed to review the report in a secure room at an undisclosed Washington suburb after signing a secrecy agreement. That now will not happened.

Then, on Friday, CIA officials called them and told them that due to a miscommunication, only former CIA directors and deputy directors would be given that privilege. Former directors Michael Hayden, Porter Goss and George Tenet have been invited to read it, as have former acting directors John McLaughlin and Michael Morell.

Senate aides familiar with the matter say Democratic Senator Dianne Feinstein, chair of the Senate intelligence committee, protested to the White House that it had no business allowing retired officials to read a Senate oversight report.

Apparently, the report is quite damning:

Several people who have read the full report, and who spoke on condition of anonymity because they were not authorised to discuss still-classified material, say it shows that the CIA interrogation programme was far more brutal than previously understood, and that CIA officials repeatedly misled Congress and the Justice Department about what was being done to al-Qaida detainees. The report asserts that no unique, life-saving intelligence was gleaned from the harsh techniques.

It’s long been known that the CIA used slapping, stress positions, sleep deprivation and other harsh tactics on several detainees and a near-drowning technique known as waterboarding on three of them. The CIA’s use of waterboarding has drawn particular scrutiny since it is considered the harshest technique on the list of those used, but the report asserts that the other tactics, as applied, were extremely harsh and brutal.

Torture is illegal under US law. CIA officials dispute that waterboarding amounted to torture.

To counter the negative press this report is bound to receive, former CIA Director George J. Tenet has quietly been working on a public relations response:

Over the past several months, Mr. Tenet has quietly engineered a counterattack against the Senate committee’s voluminous report, which could become public next month. The effort to discredit the report has set up a three-way showdown among former C.I.A. officials who believe history has been distorted, a White House carefully managing the process and politics of declassifying the document, and Senate Democrats convinced that the Obama administration is trying to protect the C.I.A. at all costs.

The report is expected to accuse a number of former C.I.A. officials of misleading Congress and the White House about the program and its effectiveness, but it is Mr. Tenet who might have the most at stake.

The detention and interrogation program was conceived on his watch and run by men and women he had put in senior positions.

It was Mr. Tenet who requested the former CIA Directors and officials be allowed to review the report.

There is also some frustration coming from Democratic committee members:

“If the redacted version of the Senate Intelligence Committee’s study that we receive appears to be an effort to obscure its narrative and findings – and if the White House is not amenable to working toward a set of mutually agreed-upon redactions – I believe the committee must seriously consider its other option,” Senator Mark Udall, a Colorado Democrat on the intelligence committee, told the Guardian on Monday.

It is believed that the White House will provide its completed redactions to sections of the Senate intelligence committee’s landmark torture report in the coming days. The committee will subsequently review the redactions as preparation for the report’s public release, something chairwoman Dianne Feinstein of California, a Democrat, had wanted to happen in early May. [..]

Fuelling congressional suspicions, the White House placed lead authority for reviewing the declassification in the hands of the CIA, which struck critics as a conflict of interest.

Udall joins Ron Wyden, the Oregon Democrat and civil libertarian on the committee with whom Udall often votes, in pointing to the parliamentary rule, Senate Resolution 400, as an additional tactic to force disclosure. Yet the never-before-used rule portends an uphill struggle: a majority of senators would need to vote for additional disclosure.

Author and investigative reporter for The Intercept, Jeremy Scahill and New York Times reporter, Mike Marzetti, joined MSNBC’s “NOW” host, Alex Wagner to discuss the release of the report and recent events,

One more word from Prof. Cole:

The CIA’s response is about 10 years too late. The time to respond to allegations of torture, cruelty and disappearances is when they occur, not a decade later, when an official report finds fault. And when you learn such conduct is occurring, there is only one proper response – order it to stop and hold the perpetrators accountable. Both the Geneva and the torture conventions absolutely prohibit torture and cruel treatment of wartime detainees; the world has proclaimed through these laws that there are no circumstances that justify such acts. [..]

So what will the public relations strategy look like now? We can probably make some educated guesses, based on past assertions by Bush administration officials. “We didn’t think it was torture because the lawyers told us it wasn’t.” That defense doesn’t work for Mafia dons and ought not to work for the CIA. The practices involved – waterboarding, excruciating stress positions, slamming suspects into walls and prolonged sleep deprivation – plainly qualify as torture and have long been treated as such by the United States when other nations employ them. Just last week, the European Court of Human Rights held Poland responsible for complicity in the CIA’s crimes, finding that the conduct was so clearly illegal that Poland had an obligation to stop permitting it on its territory.

Poland, in other words, was an accessory to the crime. But the United States was the ringleader.

Let’s be clear here, the Obama administration, while it may have stopped torture, is now complicit in covering up the Bush administrations war crimes and allowing the criminals, who should be sitting in prison cells, to continue the cover-up in the hopes that someday it will all go away. No amount of spin will negate these facts.

Andrew Cuomo’s Saturday Night Massacre

Cross poated from The Stars Hollow Gazette

Last year, after the New York State legislature failed to pass campaign finance and a year riddled with corruption scandals, New York State Governor Andrew Cuomo empaneled an “independent” commission to pursue misconduct among public officials and make recommendations to changes to the state’s election and campaign fund-raising laws. The 25 member Moreland Commission was created last July to restore public trust in government. But nine months later, Gov. Cuomo shut it down. The governor claimed that with “the passage of new tougher laws on bribery and  corruption, and improved enforcement of election law”, the commission was no longer needed.

That didn’t satisfy government watch dogs or some lawmakers. Nor did it satisfy Preet Bharara, US Attorney for the Southern District of New York, whose investigations had led to the commissions formation. According to the New York Times, Mr. Bharara contacted two of the commission’s three chairs, William J. Fitzpatrick and Milton L. Williams Jr. His suspicion was that Gov. Cuomo had shut down the commission for political expediency and because the commission’s investigation was getting to close to his office. It now appears that Mr. Bharara has really good instincts.

This week the New York Times broke with this extensive report:

Cuomo’s Office Hobbled Ethics Inquiries by Moreland Commission

With Albany rocked by a seemingly endless barrage of scandals and arrests, Gov. Andrew M. Cuomo set up a high-powered commission last summer to root out corruption in state politics. It was barely two months old when its investigators, hunting for violations of campaign-finance laws, issued a subpoena to a media-buying firm that had placed millions of dollars’ worth of advertisements for the New York State Democratic Party.

The investigators did not realize that the firm, Buying Time, also counted Mr. Cuomo among its clients, having bought the airtime for his campaign when he ran for governor in 2010.

Word that the subpoena had been served quickly reached Mr. Cuomo’s most senior aide, Lawrence S. Schwartz. He called one of the commission’s three co-chairs, William J. Fitzpatrick, the district attorney in Syracuse.

“This is wrong,” Mr. Schwartz said, according to Mr. Fitzpatrick, whose account was corroborated by three other people told about the call at the time. He said the firm worked for the governor, and issued a simple directive:

“Pull it back.”

The subpoena was swiftly withdrawn. The panel’s chief investigator explained why in an email to the two other co-chairs later that afternoon.

“They apparently produced ads for the governor,” she wrote.

The pulled-back subpoena was the most flagrant example of how the commission, established with great ceremony by Mr. Cuomo in July 2013, was hobbled almost from the outset by demands from the governor’s office.

Despite Gov, Cuomo’s denial and protestations that it was his commission to dismiss, Mr Bharara is taking over where the commission’s investigations. The lengthy article is a must read.

MSNBC’s Rachel Maddow roasted Gov. Cuomo in an extended segment that included an interview with Thomas Kaplan one of the three authors who wrote the NYT’s article.

The governor’s travails also caught the attention of The Daily Show‘s Jon Stewart

Gov. Cuomo’s Democratic Primary opponent Fordham University law professor Zephyr Teachout has called for the governor to resign should these allegations prove true.

Also complicating his headaches, Gov. Cuomo had some of the commission members sworn in as deputy state attorneys general by State Attorney General Eric Schneiderman that calls into question his assertions that he had a right to interfere with the commission. Quite similar to late President Richard M. Nixon’s Saturday Night Massacre when he ordered the independent special prosecutor Archibald Cox fired after Mr. Cox issued subpoenas asking for copies of taped conversations recorded in the Oval Office and authorized by Nixon as evidence.

Gov. Cuomo does have a lot of questions to answer and so far his answers have fallen very short.

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