Tag: Civil liberties

Cross posted st The Stars Hollow Gazette

William Binney, a former top official at the National Security Agency, and Glenn Greenwald, the Guardian journalist who has broken the NSA spying stories join Amy Goodman to discuss the crucial matters facing this country over the growing power of the government to secretly collect data and information through secret courts and programs.

“The government is not trying to protect [secrets about NSA surveillance] from the terrorists,” Binney says. “It’s trying to protect knowledge of that program from the citizens of the United States.”

NSA Leak Highlights Key Role Of Private Contractors

by Jonathan Fahey and Adam Goldman

The U.S. government monitors threats to national security with the help of nearly 500,000 people like Edward Snowden – employees of private firms who have access to the government’s most sensitive secrets.

When Snowden, an employee of one of those firms, Booz Allen Hamilton, revealed details of two National Security Agency surveillance programs, he spotlighted the risks of making so many employees of private contractors a key part of the U.S. intelligence apparatus. [..]

Booz Allen, based in McLean, Va., provides consulting services, technology support and analysis to U.S. government agencies and departments. Last year, 98 percent of the company’s $5.9 billion in revenue came from U.S. government contracts. Three-fourths of its 25,000 employees hold government security clearances. Half the employees have top secret clearances.

The company has established deep ties with the government – the kinds of ties that contractors pursue and covet. Contractors stand to gain an edge on competitors by hiring people with the most closely held knowledge of the thinking inside agencies they want to serve and the best access to officials inside. That typically means former government officials.

The relationship often runs both ways: Clapper himself is a former Booz Allen executive. The firm’s vice chairman, John “Mike” McConnell, held Clapper’s position under George W. Bush.

Edward Snowden is an American hero who is risking his life to protect our freedom from a government run amok.

Cross posted from The Stars Hollow Gazette

Besides deciding who would occupy the Oval Office for the next four years and which party would rule in the House and Senate, there were numerous ballot measures and amendments to state constitutions that voters decided. Amy Goodman, host of Democracy Now! discuss the winners and losers of the ballot measures with her guests Justine Sarver, executive director of the Ballot Initiative Strategy Center; Benjamin Jealous, president and CEO of the NAACP; and Laura Flanders, host of GritTV and author of many books, including Bushwomen: How They Won the White House for Their Man.

The transcript can be read here.

Advocates of marriage equality ended Tuesday with four out of four victories, as voters legalized same-sex marriage in Maine and Maryland, upheld same-sex marriage in Washington state, and defeated a measure to ban same-sex marriage in Minnesota.

Maryland voters also affirmed the DREAM Act, allowing undocumented immigrants to receive in-state tuition.

In Montana, voters overwhelmingly approved a measure that would limit corporate spending on elections, while Colorado voters also resoundingly approved a measure backing a constitutional amendment that would call for the same.

In a historic move, voters in Colorado and Washington have legalized marijuana for recreational use, becoming the first states to do so.

In California, voters defeated a ballot measure to repeal the death penalty and another that would have required labeling of genetically modified foods.

A separate measure to ease penalties for nonviolent offenses under California’s “three-strikes” law was approved.

California voters also rejected a measure that would have curbed the political influence of unions.

There were a few other measures that got an “up or down” vote:

Abortion

Florida’s Amendment 6, which would have banned state resources from funding abortions, was defeated by a 10 percent margin.

Montana also wrestled with abortion issues with LR-120, also known as the Montana Parental Notification Measure, which passed with 70 percent of the vote. LR-120 requires doctors to notify parents of minors under the age of 16 at least 48 hours before performing an abortion.

Church vs. State

Florida voters rejected Amendment 8, which would have overturned the so-called Blaine Amendment, which prohibits religious organizations from receiving direct state funding. The measure failed 56 to 44 percent.

“This proposed amendment would have done nothing to preserve religious liberty,” said Daniel Mach, director of the ACLU Program on Freedom of Religion and Belief, claiming that it would have instead “stripped away key safeguards.”

Assisted Suicide

Massachusetts’ Question 2, better known as the “Death with Dignity Act,” official was too close to call, but supporters nonetheless conceded defeat. The act would have legalized physician-assisted suicide for terminally ill patients expected to die within six months. The measure was strongly opposed by the state’s Catholic bishops.

Marijuana

Six states voted on measures concerning marijuana. Colorado, Massachusetts, Montana and Washington passed measures liberalizing marijuana use. Measures in Arkansas and Oregon failed.

The measures in Arkansas, Massachusetts and Montana dealt with medical marijuana, while the measures in Colorado, Oregon and Washington sought to legalize state-regulated recreational marijuana. Recreational pot use in Colorado and Washington state will now be legal once the measure is fully implemented, although many observers expect a conflict with federal drug laws.

Gambling

Maryland approved Question 7, which greatly expanded casino gambling within the state, particularly in suburban Washington. Rhode Island voters approved two new casinos, and Oregon rejected private casinos.

Green Party* candidate Jill Stein, who ran for governor of Massachusetts in 2010, has taken the lead for her party’s nomination to run for president against dictator Barry Obama and whoever his Republican counterpart is this November.

According to Ballot Access News and other sources, Stein has won enough of the vote in various state primaries to qualify for matching funds.  She is competing for the Green Party nomination with Kent Mesplay and Roseanne Barr, the latter of whom she did a Skype session with to Greens across the country.

Stein has blasted Obama for his many betrayals.  She criticized his signing of the FAA Re-authorization bill, which further erodes unions, his overtures of war against Iran, his decision to support portions of the proposed Keystone XL pipeline that would cause further destruction to the environment and jeopardize human health and safety, his assaults on civil liberties including the “Defense” Authorization that allows American citizens to be imprisoned indefinitely without charge or trial, his taking of single-payer and a public option off the table in favor of an insurance-industry-authored mandate to buy private coverage or face stiff tax penalties, and other far right policies embraced by the incumbent.

Stein’s alternatives to all these things and more reads like a leftist’s dream: a Green New Deal to create environment-friendly jobs, an energy policy dedicated to 100% conversion to clean, renewable sources, expanding Medicare to every American and generous funding of public education (including the forgiveness of student loan debt), protecting America’s Safety Net, and ending America’s imperial wars.

Stein does not appear to be on record so far as to prosecuting America’s war criminals, including Obama, George W. Bush, Dick Cheney, and the thugs in their respective regimes guilty of war crimes, but I can’t imagine she would let them off the hook, since it would only reinforce the notion of total immunity for high-ranking lawbreakers – a travesty of justice.  (I’ll keep you apprised of this as I learn more.)

With many progressives determined to sit out this election, Stein’s candidacy appears to be offering a welcome alternative.

Cross posted from The Stars Hollow Gazette

Where have all our freedoms gone? Have they eroded before our eyes because we failed to use them by demanding that our elected representatives protect the Constitution? Did irrational fear of an unseen enemy with no country, armed with a fanatical hatred scare us into allowing those freedoms to be abrogated? Apparently our current government from the executive to the judicial seem to think that the Constitution is a nice idea but its time has passed. We’re at war with “terror” and “terror” will never surrender. Law Professor Jonathan Turley, in an op-ed written shortly after President Obama signed the National Defense Authorization Act into law, enumerated the ten reasons the US is no loner the land of the free:

1. Assassination of U.S. citizens

Last year, President Obama went further than George W. Bush would have dared with the ordered assassination of a US citizen, Anwar al-Awlaqi. Just as the Bush administration justified torture, Pres. Obama justified targeted assassination of an American citizen without due process in a secret memo from administration lawyers. The administration cavalierly calling it “due process in war.” Yet, the US is hypocritical enough to criticize other countries for doing the same.

2. Indefinite detention

Under the NDAA the president can indefinitely detain a citizen that is suspected of terrorism and allow the military to hold them. While President Obama issued a signing statement saying that he would never do that, signing statement have no force of law and are not binding, either for Obama or any future president. Presidents have been known to change their minds, Obama does so on a regular basis.  

3. Arbitrary justice

The president decides who will be tried in the Federal courts or by a military tribunal, a system, as Prof. Turley points out, “that has been ridiculed around the world for lacking basic due process protections.” Yet countries like China and Egypt have rejected tribunals as an alternative to civilian courts.

Those first three reasons totally disregard the Fifth, Sixth and Eighth Amendments

4. Warrantless searches

Under the Patriot Act of 2001, and reinforced by Pres. Obama in 2011, the government can force companies and businesses to turn over citizens records, everything from finances to library records without a warrant and bar the company from telling the targets.

Fourth Amendment? What Fourth Amendment?

5. Secret evidence

The government under the guise of national security says it doesn’t have to show evidence it deems secret for national security thus forcing the dismissal of lawsuits brought against it for illegal detention and torture. This is how the Obama Justice Department has protected the war criminals from the Bush administration not only from civil liability but criminal prosecution for crimes against humanity. As Prof Turley describes, “This allows the government to claim secret legal arguments to support secret proceedings using secret evidence.”

Star Chamber?

6. War Crimes

Since 2009, the President Obama has refused to allow the prosecution of anyone responsible for waterboarding and torture. This in complete disregard of treaty obligations and the Nuremberg principles of international law. The Obama administration went so far as to pressure countries such as Spain to drop criminal investigations of war crimes committed by the Bush administration. Yet the US continues to reserve the right to prosecute war criminals in other countries. ”

“Do as I say not as I do” is the attitude that has fed the hatred of terrorists, as well as, disdain from countries like China when we criticize their human rights violations.

7. Secret court

The Foreign Intelligence Surveillance Court is the United States’ “secret court”, the “star chamber“, that operates in total secrecy. Created in 1978, the eleven judges of the U.S. Foreign Intelligence Surveillance Court (FIS) consider and rule on applications by federal law enforcement and intelligence agencies to conduct electronic surveillance anywhere within the United States. When FISA came up for renewal under the Bush administration it expanded its secret warrants to include individuals deemed to be aiding or abetting hostile foreign governments or organizations. Then Sen. Barack Obama said that he would filibuster the renewal unless certain portions of the bill were fixed to ensure that it did not violate the Constitution. Needless to say, Sen Obama not only did not filibuster the FISA, he voted for it, promising to “fix it” if he was elected president. That was a lie. In 2011, not only did President Obama not fix it, he expanded it to in include secret searches of individuals who are not part of an identifiable terrorist group.

8.  Immunity from judicial review

The Obama administration has pushed for, and granted, immunity of telecommunications companies that assist in warantless surveillance. Citizens who have had their privacy violated by the government no longer have redress.

9. Continual monitoring of citizens

So far the Obama administration has successfully defended in the courts its view that it has the right to use GPS to monitor every move of targeted citizens without securing any court order or review. The case, Jones v. United States, could overturn Katz v. United States which is celebrated as saving privacy in the United States, articulated the principle that “the Fourth Amendment protects people, not places.” That 1967 decision reversed a long erosion of privacy protection and required greater use of warrants by the government.

10. Extraordinary renditions

While the Obama administration has insisted that it no longer transfers persons into the custody of other countries where they could be held and tortured, it is still claiming the right to to order such transfers, including the possible transfer of U.S. citizens.

Prof. Turley goes in to quote those who are justifying these abuses as saying it’s all due to the times we in which we live. But as he so importantly notes in conclusion:

An authoritarian nation is defined not just by the use of authoritarian powers, but by the ability to use them. If a president can take away your freedom or your life on his own authority, all rights become little more than a discretionary grant subject to executive will.

The framers lived under autocratic rule and understood this danger better than we do. James Madison famously warned that we needed a system that did not depend on the good intentions or motivations of our rulers: “If men were angels, no government would be necessary.”

Benjamin Franklin was more direct. In 1787, a Mrs. Powel confronted Franklin after the signing of the Constitution and asked, “Well, Doctor, what have we got – a republic or a monarchy?” His response was a bit chilling: “A republic, Madam, if you can keep it.”

Since 9/11, we have created the very government the framers feared: a government with sweeping and largely unchecked powers resting on the hope that they will be used wisely. [..]

Dishonesty from politicians is nothing new for Americans. The real question is whether we are lying to ourselves when we call this country the land of the free.

What was that “change” that was promised three years ago?

A couple of months ago, the British High Court ruled that a document containing information on the torture of Binyam Mohamed should be disclosed in full.  The original document supposedly contains seven paragraphs which describe the brutal methods used to interrogate Mohamed, including waterboarding and slicing his genitals with a scalpel.

David Miliband, the British Foreign Secretary who has been resisting the High Court’s efforts to release the document, now describes the decision as irresponsible.

David Miliband accused the two senior judges of irresponsibly “charging in” to a diplomatically sensitive area over what happened to former terror detainee Binyam Mohamed while held by the Americans in Pakistan.

Jonathan Sumption QC, appearing for the Foreign Secretary, told the Court of Appeal the judges’ stance was “both, in many respects, unnecessary and profoundly damaging to the interests of this country.”

Mr Sumption added: “I would go so far as to say their views were irresponsible.”

Wasington Post:

The Obama administration has decided not to seek legislation to establish a new system of preventive detention to hold terrorism suspects and will instead rely on a 2001 congressional resolution authorizing military force against al-Qaeda and the Taliban to continue to detain people indefinitely and without charge, according to administration officials.

Leading congressional Democrats and members of the civil rights community had signaled opposition to any new indefinite-detention regime, fearing that it would expand government powers and undermine the rule of law and U.S. legal traditions.

The administration’s decision avoids a potentially rancorous debate that could alienate key allies at a time when President Obama needs congressional and public support to transfer detainees held at the military prison at Guantanamo Bay, Cuba, to the United States for trial or continued incarceration.

The administration has concluded that its detention powers, as currently accepted by the federal courts, are adequate to the task of holding some Guantanamo Bay detainees indefinitely. And although legal advocacy groups, such as the American Civil Liberties Union, are unhappy with the existing system, they acknowledge that it has enabled some detainees to win their release and limited government power in ways that any new law might not.

So, I guess we don’t need to worry about this, anymore, either.