Tag: law

Cross posted from The Stars Hollow Gazette

This week Senator Rand Paul has threatened to filibuster President Barack Obama’s nominee to the 1st Circuit Court of Appeals in Boston. The nomination of David Barron, who was a Justice Department lawyer at the start of the administration and is now a Harvard Law School professor was the author of the contentious memo that authorized the assassination of an American citizen in Yemen, Anwar al-Awlaki.  

(M)embers of both parties say they are disturbed by Mr. Barron’s authorship of legal memos that justified the United States’ killing of an American citizen overseas with a drone.

The American Civil Liberties Union wrote to all 100 senators on Monday urging them to put off a vote on Mr. Barron’s confirmation until the White House allowed them to read all of his writings on the drone program. [..]

The A.C.L.U.’s objections, along with the announcement by Senator Rand Paul, Republican of Kentucky, that he would use his power to slow down the confirmation unless the administration released one of the legal memos written by Mr. Barron, raised fresh questions on Capitol Hill on Monday about whether the nomination would survive. [..]

Two Democrats who are up for re-election in states where Republicans have a political edge – Mark Begich of Alaska and Mary L. Landrieu of Louisiana – are said to be unsure if they will vote yes on Mr. Barron.

A court has ordered the administration to release some of Mr. Barron’s legal work as part of a Freedom of Information Act lawsuit. But White House lawyers have not done so while they weigh whether to appeal. Senator Mark Udall, a Colorado Democrat who is in a tight race, said Monday that he would vote no unless the White House released what the court ordered.

Republicans are not alone in their objections of this nominee. Democrats, who are up for reelection and those who have questioned the administration’s legal right to assassinated American citizens without due process and the drone program, have expressed doubts about voting to confirm Mr. Barron

But with so many Democrats concerned about the administration’s drone policy, sufficient support for Barron is uncertain. Senate leaders have yet to set a vote on his nomination to join the appeals court with jurisdiction over federal cases in Maine, Massachusetts, New Hampshire, Rhode Island and Puerto Rico. He faces opposition from a mix of liberal Democrats and conservative Republicans concerned with his involvement in establishing the administration’s drone policy.

Sen. Ron Wyden (D-Ore.), a member of the Intelligence Committee and a frequent critic of Obama’s counterterrorism policies, said Thursday that “the public has a right to know” the administration’s justification for drone strikes on American citizens.

“To me, the central question has always been on intelligence matters,” Wyden told reporters. “There is a difference between secret operations. They have to be kept secret, because otherwise Americans can die and be hurt. But the rules and the underlying policies — those ought to be public.”

Other Democrats, including Sens. Jeff Merkley (Ore.) and Mark Udall (Colo.), have also expressed concern about Barron’s work and this week called for the public release of Barron’s memos.

Marcy Wheeler of emptywheel, writing for The Week, weighs in on why Sen. Paul’s threat of filibuster should be taken seriously

Eleven years ago, the Senate confirmed Jay Bybee to a lifetime appointment on the 9th Circuit Court of Appeals in San Francisco. At the time, almost no senators knew about – much less had reviewed the contents of – a set of memos authorizing torture that Bybee had signed when he was head of the OLC in 2002. Paul is trying to prevent similarly rewarding Barron before senators can review the legal arguments he made authorizing another troubling executive branch action: killing an American citizen with no due process.

Barron, who is currently a Harvard Law School professor, served as the acting head of the OLC from 2009 until 2010. The office provides legal advice to executive branch agencies that can provide (usually secret) legal sanction for controversial positions.

A July 16, 2010, memo written by Barron authorizing the drone killing of Anwar al-Awlaki, the extremist Yemeni-American cleric, is one such opinion. Awlaki died in a CIA drone strike (along with Samir Khan, another American citizen who had become an extremist propagandist) on Sept. 30, 2011. [..]

Eventually, at least 31 members of Congress made at least 23 attempts to obtain the memo permitting the executive branch to kill an American citizen with no due process. Most of Congress still hasn’t seen it. [..]

Paul may have the courts on his side. He invoked an April 21 decision by New York’s 2nd Circuit Court of Appeals that the government must release a redacted version of the memo to the ACLU and two New York Times reporters who had sued in 2011 to enforce a Freedom of Information Act request for the memo. The court order makes it easier to for Paul to call for a public release, rather than just a release to Congress. [..]

Four years ago, David Barron opened a Pandora’s box, giving presidents an inadequately limited authority to kill Americans outside all normal judicial process. As Paul notes in his letter, it would simply be “irresponsible” for the Senate to confirm his nomination without discovering what the memo could reveal about his views on due process, civil liberties, and international law. In a letter to all 100 senators, the ACLU echoed this language, recalling the precedent of Jay Bybee. “No senator can meaningfully carry out his or her constitutional obligation to provide ‘advice and consent’ on this nomination to a lifetime position as a federal appellate judge without being able to read Mr. Barron’s most important and consequential legal writing.”

The Senate took such an irresponsible step in 2003 with Jay Bybee. It can avoid that mistake here.

Instead of appointing those who justify torture, rendition and assassinations to hight courts, we should be looking into their criminal culpability in the crimes that they are justifying in their legal briefs. Yet those briefs and memos remain classified as our representatives are asked to appoint these people to high positions for life.

Cross posted from The Stars Hollow Gazette

Last weekend the journalist and constitutional lawyer Glenn Greenwald teamed up with Reddit co-founder Alexis Ohanian to debate state surveillance with former NSA and CIA chief Michael Hayden and Harvard law professor Alan Dershowitz. Greenwald and Ohanian will argued against the motion “be it resolved state surveillance is a legitimate defense of our freedoms.” The event was organized by Munk Debates and held in Toronto, Canada.

Glenn just devastated Hayden and Dershowitz.

Cross posted from The Stars Hollow Gazette

Net Neutrality may shortly become another broken promise made by Barack Obama during is campaign for the presidency. His appointment of telecommunications lobbyist, Thomas Wheeler, may well be the nail in its coffin. Bill Moyers and his guests, David Carr of the New York Times and Susan Crawford, a visiting professor at Harvard Law School think is still time to stop it death if the public takes action.

“For most Americans, they have no choice for all the information, data, entertainment coming through their house, other than their local cable monopoly.  And here, we have a situation where that monopoly potentially can pick and choose winners and losers, decide what you see,” Crawford tells Moyers.

Carr adds: “People have a close, intimate relationship with the web in a way they don’t other technologies … they have the precious propriety feelings about it.  And I’m not sure if the FCC really knows what they’re getting into.”

The problem, Bill Moyers says, is that “business and government are now so intertwined that public officials and corporate retainers are interchangeable parts of what Chief Justice John Roberts might call ‘the gratitude machine.'” FCC officials, including Wheeler, transit back and forth through the revolving door between public service and lucrative private commerce, losing sight of the greater good. But there’s still time to speak up and make your voices heard.

Don’t Let Net Neutrality Become Another Broken Promise

by Bill Moyers and Michael Winship

Barack Obama told us there would be no compromise on Net neutrality. We heard him say it back in 2007, when he first was running for president. [..]

He said it many more times. And defenders of Net neutrality believed him, that he would preserve Internet access for all, without selling out to providers like Verizon and Comcast who want to charge higher fees for speedier access – hustling more cash from those who can afford to buy a place at the front of the line. On this issue so important to democracy, they believed he would keep his word, would see to it that when private interests set upon the Internet like sharks to blood in the water, its fate would be in the hands of honest brokers who would listen politely to the pleas of the greedy, and then show them the door.

Unfortunately, it turned out to be Washington’s infamous revolving door. Last May, President Obama named Tom Wheeler to be FCC chairman. He had other choices, men or women whose loyalty was to the public, not to rich and powerful corporations. But Tom Wheeler had been one of Obama’s top bundlers of campaign cash – both in 2008 and again in 2012, when he raised at least half a million dollars for the president’s re-election. Like his proposed new rules for the Web, that put him at the front of the line.

Take Action Now

   » Save the Internet has a sample script, an email petition and instructions on how to call Wheeler and request that the chairman abandon his proposal.

   » Using WhiteHouse.gov’s We the People site, critics of the new proposal have also launched a petition, calling for “nothing less than complete neutrality in our communication channels.” It already has over 40,000 signatures.

   » A second petition asks the FCC to reclassify broadband as a regulated common-carrier service, which means it would have to be open to all, and serve all customers without discrimination. Currently broadband is classified as an information service, a category that gives the FCC a fairly limited set of regulatory options.

   » There are a number of other organizations that are working on maintaining Net neutrality, including: Access, CREDO Action, Demand Progress, Fight for the Future, Free Press, Open Technology Institute, Public Knowledge, Voices for Internet Freedom

Cross posted from The Stars Hollow Gazette

After over a two year investigation in campaign finance corruption, Representative Michael Grimm (R-NY11) was indicted on Monday, with charges including mail, wire, and healthcare fraud, filing false tax returns, perjury, and employing undocumented immigrants. Grimm, with a history of bad behavior made headlines most recently when he threatened to throw a NY1 reporter, Michael Scotto, off the balcony of the Capitol rotunda when he lost his temper over Scotto’s commentary.

The district that Grimm represents, Staten Island and part of Brooklyn, was hard hit by super storm Sandy in October 2011 and is still has not fully recovered due much to the lax distribution of funds by New York City, a problem that newly elected Mayor Bill De Blasio is working quickly to remedy. Grimm is also, or was, a climate change denier. In episode 3 of the Showtime series on climate change, “Years of Living Dangerously,” Grimm sat down with MSNBC’s Chris Hayes to discuss the devastation, recovery and climate change. In that segment which was taped in August 2012, Grimm revealed that he had changed his mind about climate change and said that the storm was a major factor in his decision. However, he also said that there is nothing that he could do to change the conversation in the House.

This was news to his constituents since since Grimm has consistently voted with his Republican colleagues to block any climate change solutions. He even told Hayes “I don’t think the science is there to tell us what’s causing it…. I don’t want to get into the political debate of what’s causing it.” Ironically, the segment aired on Sunday, the day before Grimm surrendered to authorities to face the 20 count indictment.

Monday night, Hayes revisited his interview with Rep. Grimm where the conversation turned to the environment.

After all this Grimm is not resigning his house seat and he is still the GOP nominee for that district. But even if the Staten Island GOP wanted to replace him, they are hard pressed to try and their choice to replace him is  a former congressman whose career ended with a DUI arrest that exposed an affair, Vito Fossella. If you thought the Republicans in the midwest and south were ignoramuses, you haven’t been to Staten Island, the last stronghold for the GOP in New York City.

Grimm’s constituents deserve better. They deserve someone who will stand up and fight for them.

          “Quis custodiet ipsos custodes?” (Who watches the watchers) Juvenal

Recently, a US rancher with unfortunate racist and fascist tendencies came to the attention of US media with unfortunate consequences but an interesting discourse path. I won’t repeat those issues here except to note that the concerns on which this dispute hinged were issues of common-pool resources. Those are publicly owned assets used by that rancher under a contractual agreement to pay for those property rights to the tune of $1 million. In this case the rancher refused on anachronistic ideological grounds to pay those fees with the contradictory premise that his citizenship beliefs were historically special and autonomously sovereign and therefore exempt from the obligations to his original contract. The Rancher was first lionized by conservative media as a hero resisting an “overreaching” oppressive federal state by privileging the authority of the local state but at this moment in the dispute and due to various public statements and further investigation is now seen as more of a pariah engaged in social banditry. The rancher was contesting issues of exclusion or exclusivity especially in terms of the right to claim rents owed for the contract with the Bureau of Land Management. As Ellickson (1991) has noted, much of the issues are less about land than they are about negotiation as constituitive communication or the social construction of rights.

The right to the city is not the right to the country much as libertarianism has no clear boundaries to what counts as wealth. In the case of Western grazing rights, matters of land and domain become more complicated just as eminence gains greater value as demographic values become less symmetrical. What is being contested are environmental resource rights which as ecological crisis shows us is non-excludable, however, they become reified and therefore excludable in the space of judicial discourse.

There is a line of thinking that leads to Lefebvre and his notion of the “right to the city” as the right that includes and combines all rights. This right is not a matter of access to city spaces (although we should not underestimate specific struggles for free access to parks, etc.), it is not simply a matter of being able to have your own house and the assets that are needed to support your own life, it is something which includes all those demands but also goes beyond them by creating a higher level of the commons. For Lefebvre the right to the city is the right to create the city as a collective work of art. The city, thus, can be produced through encounters that make room for new meanings, new values, new dreams, new collective experiences. And this is indeed a way to transcend pure utility, a way to see commons beyond the utilitarian horizon

This may be an example of what Massimo De Angelis calls a “new enclosure” in that its virtual capital value as mediated political/social capital and its land rent value while connected contain differing versions of capital formation particularly in the differences among use and exchange values. In this Nevada case most recently discussed, the adjudication of self-management for the common-property regime breaks down as competing ideological interests appropriate the message of cultural capital whether for anti-statist activism under some fictive militia meme, or main-stream media corporations looking to procure higher ratings from some core constituency in a low-information audience of reactionaries. The fissures in this discourse have emerged only recently as the character representations of the rancher’s own history have become known. Any possibility of creating a “higher level of the commons” available as a common-property regime defined democratically only an hour’s drive from Las Vegas seems bleak at best given the levels of political and social capital contesting for dominance and using a variety of social media.

Common-pool resources may be owned by national, regional or local governments as public goods, by communal groups as common property resources, or by private individuals or corporations as private goods. When they are owned by no one, they are used as open access resources. Having observed a number of common pool resources throughout the world, Elinor Ostrom noticed that a number of them are governed by common property regimes – arrangements different from private property or state administration – based on self-management by a local community. Her observations contradict claims that common-pool resources should be privatized or else face destruction in the long run due to collective action problems leading to the overuse of the core resource.

Many variations of this have been discussed here before in terms of alternative organizational arrangements: collectives, worker-ownership of firms, and cooperatives.

Massimo De Angelis: My interest in the commons is grounded in a desire for the conditions necessary to promote social justice, sustainability, and happy lives for all. As simple as that. These are topics addressed by a large variety of social movements across the world that neither states nor markets have been able to tackle, and for good reasons. State policies in support of capitalist growth are policies that create just the opposite conditions of those we seek, since they promote the working of capitalist markets. The latter in turn reproduce socio-economic injustices and hierarchical divisions of power, environmental catastrophes and stressed-out and alienated lives. Especially against the background of the many crises that we are facing today-starting from the recent global economic crisis, and moving to the energy and food crises, and the associated environmental crisis-thinking and practicing the commons becomes particularly urgent….

The discourse on the commons relates to Marxist thinking in different ways. In the first place, there is the question of interpreting Marx’s theory of primitive accumulation. In one of the final chapters of volume one of Capital, Marx discusses the process of expropriation and dispossession of commoners, which he refers to as “primitive accumulation,” understood as the process that creates the precondition of capitalist development by separating people from their means of production. In sixteenth- to eighteenth-century England, this process became known as “enclosure”-the enclosure of common land by the landed nobility in order to use the land for wool production. The commons in these times, however, formed an essential basis for the livelihood of communities. They were fundamental elements for people’s reproduction, and this was the case not only in Britain, but all around the world. People had access to the forest to collect wood, which was crucial for cooking, for heating, for a variety of things. They also had access to common grassland to graze their own livestock. The process of enclosure meant fencing off those areas to prevent people from having access to these common resources. This contributed to mass poverty among the commoners, to mass migration and mass criminalization, especially of the migrants. These processes are pretty much the same today all over the world. Back then, this process created on the one hand the modern proletariat, with a high dependence on the wage for its reproduction, and the accumulation of capital necessary to fuel the industrial revolution on the other.

Marx has shown how, historically, primitive accumulation was a precondition of capitalist development. One of the key problems of the subsequent Marxist interpretations of primitive accumulation, however, is the meaning of “precondition.” The dominant understanding within the Marxist literature-apart from a few exceptions like Rosa Luxemburg – has always involved considering primitive accumulation as a precondition fixed in time: dispossession happens before capitalist accumulation takes place. After that, capitalist accumulation can proceed, exploiting people perhaps, but with no need to enclose commons since these enclosures have already been established. From the 1980s onwards, the profound limitations of this interpretation became obvious. Neoliberalism was rampaging around the world as an instrument of global capital. Structural adjustment policies, imposed by the IMF (International Monetary Fund), were promoting enclosures of “commons” everywhere: from community land and water resources to entitlements, to welfare benefits and education; from urban spaces subject to new pro-market urban design and developments to rural livelihoods threatened by the “externalities” of environmentally damaging industries, to development projects providing energy infrastructures to the export processing zones. These are the processes referred to by the group Midnight Notes Collective as “new enclosures.”...

Furthermore, it is important to note that the problem of the commons cannot be simply described as a question of self-interest versus common interests. Often, the key problem is how individual interests can be articulated in such a way as to constitute common interests. This is the question of commoning and of community formation, a big issue that leads to many open questions. Within Marxism, there is generally a standard way to consider the question of common interests: these are given by the “objective” conditions in which the “working class” finds itself vis-à-vis capital as the class of the exploited. A big limitation of this standard interpretation is that “objectivity” is always an inter-subjective agreement. The working class itself is fragmented into a hierarchy of powers, often in conflicts of interest with one another, conflicts materially reproduced by the workings of the market. This means that common interests cannot be postulated, they can only be constructed. Link The Commoner.org

The Commons tragedy is a myth in the 21st Century and embodied in this dispute, with the most bizarre elements and participants ranging from sinophobic conspiracy theories to the militaristic fetishism of apocalyptic end-times enthusiasts

As Karl Marx wrote, nature requires long cycles of birth, development and regeneration, but capitalism requires short-term returns.

“[T]he entire spirit of capitalist production, which is oriented towards the most immediate monetary profits, stands in contradiction to agriculture, which has to concern itself with the whole gamut of permanent conditions of life required by the chain of human generations. A striking illustration of this is furnished by the forests, which are only rarely managed in a way more or less corresponding to the interests of society as a whole …” (Marx 1998: 611n)

In the current situation, a microcosm of the historical land disputes that have defined the US, all we are left with his a series of conflicts that while interesting from a law enforcement perspective, contribute nothing to the commons or community discourse necessary for a modern democracy. Depending on the regime in Washington DC, the environment is a contestable terrain for stewardship labeled variously as exploitation or wise-use. In the role of a tragic actor, an older man whose violation of law and a legal contract has been manipulated and appropriated by a host of interests we are left with a parody of the commons where the rancher cannot withhold anything and the state is paralyzed by low-information thresholds, while trust and reciprocity come from the barrels of firearms, truly The Comedy of the Commons

Cross posted from The Stars Hollow Gazette

In an article posted here by our friend and editor, Edger, reported that a federal court panel ruled on Monday the  U.S. government must publicly disclose secret papers describing its legal justification for using drones to kill citizens suspected of terrorism overseas, because President Barack Obama and senior government officials have publicly commented on the subject.

The 2nd US circuit court of appeals in New York ruled in a Freedom of Information Act case brought by the American Civil Liberties Union and two reporters for the New York Times. In 2011, they sought any documents in which Department of Justice lawyers had discussed the highly classified “targeted-killing” program.

The requests came after a September 2011 drone strike in Yemen killed Anwar al-Awlaki, an al-Qaida leader who had been born in the United States, and another US citizen, Samir Khan, and after an October 2011 strike killed Abdulrahman al-Awlaki, Awlaki’s teenage son and also a US citizen. Some legal scholars and human rights activists complained that it was illegal for the US to kill American citizens away from the battlefield without a trial. [..]

In January 2013, US district court judge Colleen McMahon ruled that she had no authority to order the documents disclosed, although she chided the Obama administration for refusing to release them.

In an opinion written by 2nd circuit judge Jon Newman, a three-judge panel noted that after McMahon ruled, senior government officials spoke about the subject. The panel rejected the government’s claim that the court could not consider official disclosures made after McMahon’s ruling, including a 16-page Justice Department white paper on the subject and public comments by Obama in May in which he acknowledged his role in the Awlaki killing, saying he had “authorized the strike that took him out”.

Most certainly, the Obama administration will appeal this ruling.

Earlier this month, Constitutional lawyer Bruce Fein addressed a panel discussion on government secrecy and overreach at Yale Law School that was arranged by activist and former presidential candidate, Ralph Nader.  He spoke directly about President Barack Obama’s dangerous level of executive power and the lack of congressional oversight.

“And what about Congress? That’s not an impeachable offense, to lie under oath and mislead the American people?!” he asked, referring to testimony by Obama’s Director of National Intelligence, James Clapper. “No. He’s still serving. We have as our Director of National Intelligence, who’s entrusted with secrets about us, a known perjurer, remains in office, untarnished, public reputation there. Where’s all the newspapers calling for his resignation? Silence.”

Clapper confirmed in a letter sent last week to Senator Wyden that U.S. persons have been targeted by the surveillance program – something he had earlier and categorically denied.

Fein, who also worked under the acting attorney general in the early 1970s to write a paper outlining a rationale for impeachment of President Richard Nixon, says Obama is exercising a dangerous level of executive power without adequate checks. “This president has authority to kill anyone on the planet, to play prosecutor, judge, jury and executioner, if he decides, in secret, that the target of the Predator drone – could be another instrument of death, doesn’t have to be a Predator drone – is an imminent threat to U.S. national security.” Fein added the process “is not subject to review by Congress, it’s not subject to review by courts, it’s not subject to review by the American people. It is limitless.”

We apparently still have judges and courts that are willing to rein in the administration, now if we only had the congress we had in the 1970’s.

Cross posted from The Stars Hollow Gazette

Award winning journalist Matt Taibbi, now writing for First Look Media, has a new book. The Divide: American Injustice in the Age of the Wealth Gap, which examines who goes to jail in America. The book examines the gap between white and blue collar crimes and why the vast majority of white-collar criminals have avoided prison since the financial crisis began, while an unequal justice system imprisons the poor and people of color on a mass scale. He joins Amy Goodman and Aaron Mate to talk about how the Depression-level income gap between the wealthy and the poor is mirrored by a “justice” gap in who is targeted for prosecution and imprisonment.

Here are some excerpts from Matt’s book:

Investigative journalists Glenn Greenwald and Laura Poitras returned to the United States on Friday for the first time since exposing the National Security Agency’s mass surveillance operations. They arrived in New York City to accept the Polk Award for national security reporting.

Glenn Greenwald and Laura Poitras of The Guardian became a story of their own amid speculation they could be arrested upon arriving at Kennedy Airport. They were instead confronted by only reporters and photographers before fighting through traffic en route to a midtown Manhattan hotel to receive a George Polk Award for national security reporting.

In remarks before an audience of other journalists and editors, the pair credited the courage of Snowden, the former NSA contractor who leaked the information for their story.

“This award is really for Edward Snowden,” Poitras said.

Greenwald said, “I hope that as journalists we realize not only the importance of defending our own rights, but also those of our sources like Edward Snowden.”

The pair shared the award with The Guardian’s Ewen MacAskill and Barton Gellman, who has led The Washington Post’s reporting on National Security Agency surveillance. Revelations about the spy programs were first published in the two newspapers in June.

In an announcement this afternoon, the Pulitzer Prize committee has awarded the Pulitzer Prize for public service to The Washington Post and the Guardian for their stories based on National Security Agency documents leaked by the former government contractor Edward J. Snowden. The citation did not mention Mr. Greenwald, Ms. Poitras or Mr. Gerlman.

LAURA POITRAS: So, I’m really incredibly honored to be here and thankful to the Polk committee for giving me a really good excuse to come home. This is the first time I’ve been home since I boarded a plane with Glenn and Ewen to go to Hong Kong, and so it’s really spectacular to be here. And it’s also quite disorienting. Last May, you know, the field, what we looked at, was a lot of uncertainty, risk, concern for everyone, and so it’s really extraordinary to be here and receive this award. But I think that it’s important also that we remember that when we actually do this reporting, the enormous risks that journalists take on and especially that sources take on, and in the case of Snowden, putting his life on the line, literally, to share this information to the public, not just the American public, but to the public internationally. [..]

GLENN GREENWALD: First of all, thank you so much to the Polk committee and Long Island University for this award. The reporting that we’ve done has received a lot of support and a lot of praise and the like, but it’s also received some very intense criticism, primarily in the United States and the U.K. And so, to be honored and recognized by our journalistic colleagues this way-speaking for myself, at least-means a great deal. I’m also really honored to be able to share the award with the people that I call my journalistic colleagues, who are on stage here with me, the people that James Clapper calls “accomplices.” You know, it really is true that the story could not have been told without numerous people, committed to telling it, involved every step of the way. [..]

And then, finally, you know, I think journalism in general is impossible without brave sources. I know our journalism, in particular, would have been impossible without the incredible courage of Edward Snowden. And it’s really remarkable that the reporting that we’ve done has won all sorts of awards, not just in the United States, but around the world, and he, in particular, has received immense support, incredible amounts of praise from countries all over the world and all sorts of awards, and the fact that for the act of bringing to the world’s attention this system of mass surveillance that had been constructed in the dark, he’s now threatened with literally decades in prison, probably the rest of his life, as a result of what the United States government is doing, I think, is really odious and unacceptable. And I hope that, as journalists, we realize how important it is not only to defend our own rights, but also those of our sources like Edward Snowden. And I think each one of these awards just provides further vindication that what he did in coming forward was absolutely the right thing to do and merits gratitude, and not indictments and decades in prison. Thanks very much.

Cross posted from The Stars Hollow Gazette

We have gone down the rabbit hole and through the looking glass.

Joining us now is Michael Ratner. Michael is the president emeritus of the Center for Constitutional Rights in New York, the attorney for Julian Assange, and president of the European Center for Constitutional and Human Rights. He’s also a board member for The Real News. [..]

Michael Ratner: [..] In a chilling ruling this federal judge in this federal district court dismissed the case. And the key language from that opinion is: the government must be trusted. I want to repeat that: the judge said the government must be trusted. And here’s the exact quote: “Defendants must be trusted and expected to act in accordance with the U.S. Constitution when they intentionally target a U.S. citizen abroad at the direction of the president and with the concurrence of Congress. It’s a really outrageous ruling. The president kills whom he pleases, just so Congress is given broad authority for the president to determine who the enemy is.

It’s an utter abdication by the court. It gives up on the so-called checks and balances we all learned as schoolchildren. It ends, actually, a key principle of the Magna Carta, which is the American and British charter of liberties, which was actually ratified or signed by King John in the year 1215. We’re coming up to the 800th anniversary. So what this court ruling does, what the president’s action does do is overturn 800 years of constitutional history.

Courts are supposed to be a buffer between what was the absolute power of kings and the people. We no longer have the rule of law; we have the rule of the king. In other words, we have the syndrome of “off with his head”.

Drone killings case thrown out in US

Judge dismisses lawsuit over death of Anwar al-Awlaki and two others in Yemen, saying it is a matter for Congress

The families of the three – including Anwar al-Awlaki, a New Mexico-born militant Muslim cleric who had joined al-Qaida’s Yemen affiliate, as well as his teenage son – sued over their 2011 deaths in US drone strikes, arguing that the killings were illegal.

Judge Rosemary Collyer of the US district court in Washington threw out the case, which had named as defendants the former defence secretary and CIA chief Leon Panetta, the former senior military commander and CIA chief David Petraeus and two other top military commanders.

“The question presented is whether federal officials can be held personally liable for their roles in drone strikes abroad that target and kill U.S. citizens,” Collyer said in her opinion. “The question raises fundamental issues regarding constitutional principles and it is not easy to answer.”

But the judge said she would grant the government’s motion to dismiss the case.

In a Federal court in New York City, the son in law of Osama bin Laden was convicted on Wednesday of conspiring to kill Americans and providing material support to terrorists. Sulaiman Abu Ghaith, the most senior advisers to bin Laden, was captured in Aman, Jordan last year after leaving Turkey on his way back to his home in Yemen. Mr Abu Ghaith’s trial was one of the first prosecutions of senior al-Qaeda leaders on US soil.

Since 9/11, 67 foreign terror suspects have been convicted in US federal courts, according to data obtained by the group Human Rights First.

Mr. Abu Ghaith, a 48-year-old Kuwaiti-born cleric known for his fiery oratory, had recorded impassioned speeches for Bin Laden after Sept. 11, in which he praised the attacks and promised that future attacks would be carried out.

His conviction on all three counts – and the lightning speed from his arrest to verdict – would seem to serve as a rejoinder to critics of the Obama administration’s efforts to try suspected terrorists in civilian court, rather than before a military tribunal. [..]

The jury returned its verdict on its second day of deliberations in the trial, which had entered its third week in United States District Court in Manhattan. Mr. Abu Ghaith was convicted of conspiracy to kill Americans, for which he could face life in prison; and providing material support to terrorists, as well as conspiring to do so, counts that each carry maximum terms of 15 years.

Mr. Abu Ghaith was asked to rise as the judge’s deputy clerk, Andrew Mohan, read the verdict aloud, and the defendant appeared impassive as the word “guilty” was repeated three times.

Mr. Abu Ghaith is being held in the Manhattan federal detention facility awaiting sentencing.

Who was it that said that terrorists should not be tried in civilian courts?

Some US lawmakers disagreed with the decision to try Mr Abu Ghaith in New York.

“When we find somebody like this, this close to Bin Laden and the senior al-Qaeda leadership, the last thing in the world we want to do, in my opinion, is put them in a civilian court,” said Republican Senator Lindsey Graham on Thursday.

“This man should be in Guantanamo Bay,” he said.

Lindsey? We can’t hear you. Oh! And crickets from fear mongering in chief Rep. Peter King (R=NY) and Sen. Chuck Schumer (D-NY) who poo-pooed the idea that any of the 9/11 terrorists should be tried in any civilian court,let alone one in New York City.

The system works. Now, close the Guantanamo detention facility and end the sham military tribunals.  

Cross posted from The Stars hollow Gazette

New disclosures from Edward Snowden show the NSA is massively expanding its computer hacking worldwide. Software that automatically hacks into computers – known as malware “implants” – had previously been kept to just a few hundred targets. But the news website The Intercept reports that the NSA is spreading the software to millions of computers under an automated system codenamed “Turbine.” The Intercept has also revealed the NSA has masqueraded as a fake Facebook server to infect a target’s computer and exfiltrate files from a hard drive. We are joined by The Intercept reporter Ryan Gallagher.

How the NSA Plans to Infect ‘Millions’ of Computers with Malware

By Ryan Gallagher and Glenn Greenwald, The Intercept

Top-secret documents reveal that the National Security Agency is dramatically expanding its ability to covertly hack into computers on a mass scale by using automated systems that reduce the level of human oversight in the process.

The classified files – provided previously by NSA whistleblower Edward Snowden – contain new details about groundbreaking surveillance technology the agency has developed to infect potentially millions of computers worldwide with malware “implants.” The clandestine initiative enables the NSA to break into targeted computers and to siphon out data from foreign Internet and phone networks.

The covert infrastructure that supports the hacking efforts operates from the agency’s headquarters in Fort Meade, Maryland, and from eavesdropping bases in the United Kingdom and Japan. GCHQ, the British intelligence agency, appears to have played an integral role in helping to develop the implants tactic.

In some cases the NSA has masqueraded as a fake Facebook server, using the social media site as a launching pad to infect a target’s computer and exfiltrate files from a hard drive. In others, it has sent out spam emails laced with the malware, which can be tailored to covertly record audio from a computer’s microphone and take snapshots with its webcam. The hacking systems have also enabled the NSA to launch cyberattacks by corrupting and disrupting file downloads or denying access to websites.

Mark Zuckerberg calls Obama after NSA report

By Alex Byers, Politico

Facebook CEO Mark Zuckerberg called President Barack Obama Wednesday night to complain about U.S. government actions that are undermining trust in the Internet, after a report that described how the National Security Agency posed as a Facebook server to inject malicious software into targets’ computers.

“When our engineers work tirelessly to improve security, we imagine we’re protecting you against criminals, not our own government,” Zuckerberg wrote in a Facebook post Thursday. “The U.S. government should be the champion for the internet, not a threat. They need to be much more transparent about what they’re doing, or otherwise people will believe the worst.” [..]

Zuckerberg did not make direct reference to the report in The Intercept. But he said he expressed frustration to the president about the “damage the government is creating for all of our future.” He added, “Unfortunately, it seems like it will take a very long time for true full reform.”

The NSA has denied doing any of this which flies in the face facts revealed in it’s own secret documents. Ryan Gallagher discusses those documents

A particular short excerpt from one of the classified documents, however, has taken on new significance due to the NSA’s statement. The excerpt is worth drawing attention to here because of the clarity of the language it uses about the Facebook tactic and the light it shines on the NSA’s denial. Referencing the NSA’s Quantum malware initiative, the document, dated April 2011, explains how the NSA “pretends” to be Facebook servers to deploy its surveillance “implants” on target’s computers:

It is difficult to square the NSA secretly saying that it “pretends to be the Facebook server” while publicly claiming that it “does not use its technical capabilities to impersonate U.S. company websites.” Is the agency making a devious and unstated distinction in its denial between “websites” and “servers”? Was it deliberate that the agency used the present tense “does not” in its denial as opposed to the past tense “did not”? Has the Facebook QUANTUMHAND technique been shut down since our report? Either way, the language used in the NSA’s public statement seems highly misleading – which is why several tech writers have rightly treated it with skepticism.

The same is true of the NSA’s denial that it has not “infected millions of computers around the world with malware” as part of its hacking efforts. Our report never actually accused the NSA of having achieved that milestone. Again, we reported exactly what the NSA’s own documents say: that the NSA is working to “aggressively scale” its computer hacking missions and has built a system called TURBINE that it explicitly states will “allow the current implant network to scale to large size (millions of implants).”