Teach the children of America about America’s secret courts

I wonder if American children in civics classes are taught about the secret courts of America? Glenn Greenwald on Democracy Now.

That might be the most amazing thing about all of this, is that we have a secret court that meets in complete secrecy, with only the government present, and this court is issuing rulings that define what our constitutional rights are. How can you have a democracy in which your rights are determined in total secrecy by a secret court issuing 80-page rulings about what rights you have as a citizen? It is Orwellian and absurd. And I think one of the reforms that will come and is coming from our reporting is that a lot more light is going to be shined on the shenanigans that have been taking place within that court.
And after we teach them about our secret courts, we are just getting warmed up. Civics classes should also include lessons that our phone companies are happy accomplices to spying on their customers:
We’ve known for a long time that the telecoms—AT&T, Sprint, Verizon—are completely in bed with the United States government. Remember, the scandal of the NSA in the Bush years was that—not just that the Bush administration was eavesdropping on the calls of Americans without the warrants required by law, but also that the telecoms were vigorously cooperating in that program and turning over full and unfettered access to the telephone calls and records of millions of their customers even though there was no legal basis for doing so. And, in fact, the telecoms were on the verge of losing in court and being sued successfully by millions of their customers that they had violated their civil rights and also that they had violated their privacy rights and broken the law, criminally and civilly. And it was only because the Congress stepped in, with the leadership of both political parties, and retroactively immunized the telecoms. But the telecom industry makes massive profits on their extreme cooperation with these—with the NSA to allow all kinds of unfettered access to the communications of their customers. And so, the telecoms are the last people that want transparency brought to their cooperation with the NSA, because that would really shock people to learn just how untrustworthy those companies are when it comes to protecting the privacy of their customers’ communications.
What else is our government up to? That Snowden has created some sort of "dead man's switch" - whereby documents get released in the event that he is killed by the US government - was previously reported weeks ago, and Snowden himself has strongly implied much the same thing. That doesn't mean he thinks the US government is attempting to kill him - he doesn't - just that he's taken precautions against all eventualities, including that one (just incidentally, the notion that a government that has spent the last decade invading, bombing, torturing, rendering, kidnapping, imprisoning without charges, droning, partnering with the worst dictators and murderers, and targeting its own citizens for assassination would be above such conduct is charmingly quaint). Teach the children the truth. If you dare.

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Chris Hedges and Geoffrey Stone on whistle-blowers: What can one do about the Surveillance State?

Democracy Now's Amy Goodman led a discussion also involving Chris Hedges and Geoffrey Stone, law professor at the University of Chicago Law School. Hedges supports the disclosure of government secrets to the press by people of conscience where the secrets are disclosed to the press. Stone indicates that what Edward Snowden disclosed was clearly a crime and he should be prosecuted, although the government needs to reevaluate the scope of its surveillance state. Fascinating conversation. My own position is quite close to Hedges on this issue, but I also believe that citizen journalism should be regarded as comparable to mainstream journalism in terms of protection offered from prosecution for engaging with whistle-blowers to discuss what they believe to be government wrong-doing. Elevating citizen journalists (I aspire to assume that role) to the category of the press, of course, means that any whistle-blower could talk to any blogger about any government secret and yet be protected from prosecution. This is a thorny issue, but one where work-arounds seem possible, especially given Stone's alternative. Stone argues that where government is acting inappropriate in realms involving classified information, the leakers should be prosecuted, even in situations involving grave government injustice. The press is immune from prosecution in this situation, based on the Pentagon Papers case. Stone's position is deeply unsettling, however, because the issue today is out-of-control government surveillance. This rampant spying, including on reporters and sources, means that there won't be any more revelations of government wrongdoing by the press. The current situation amounts to shutting down the press, meaning that the public will be kept in the dark. Stone's "solution" for this is that government should seek internal solutions to its own injustices, in the dark. Stone asserts this to be a solution despite his earlier statements that governments are strongly motivated in the direction of NOT finding true solutions, but rather in maintaining and aggregating power over the citizens. My challenge to Professor Stone, then would be to offer a real long-term solutions. He pulls out the threat of terrorism card near then end of the discussion to justify what apparently amounts to the status quo approach (prosecute whistle-blowers who talk to the press, which Hedges argues will destroy the press). Hedges further disparages the concern with terrorism, indicating that terrorists communicate off the grid, meaning that the Surveillance State's victims are ordinary people. [Note: This discussion occurred prior to more recent disclosures that the U.S. government is collecting far more than metadata] Here is an excerpt from the discussion:

CHRIS HEDGES: Well, what we’re really having a debate about is whether or not we’re going to have a free press left or not. If there are no Snowdens, if there are no Mannings, if there are no Assanges, there will be no free press. And if the press—and let’s not forget that Snowden gave this to The Guardian. This was filtered through a press organization in a classic sort of way whistleblowers provide public information about unconstitutional, criminal activity by their government to the public. So the notion that he’s just some individual standing up and releasing stuff over the Internet is false. But more importantly, what he has exposed essentially shows that anybody who reaches out to the press to expose fraud, crimes, unconstitutional activity, which this clearly appears to be, can be traced and shut down. And that’s what’s so frightening. So, we are at a situation now, and I speak as a former investigative reporter for The New York Times, by which any investigation into the inner workings of government has become impossible. That’s the real debate.

Continue ReadingChris Hedges and Geoffrey Stone on whistle-blowers: What can one do about the Surveillance State?

Our secret court system

I'm a lawyer and I'd like to study U.S. surveillance court rulings, but I can't, and you can't either, because court rulings are secret. Our massively opaque government (all three branches) has truly become Kafkaesque. So much for the People running this country. The NYT reports:

In more than a dozen classified rulings, the nation’s surveillance court has created a secret body of law giving the National Security Agency the power to amass vast collections of data on Americans while pursuing not only terrorism suspects, but also people possibly involved in nuclear proliferation, espionage and cyberattacks, officials say. The rulings, some nearly 100 pages long, reveal that the court has taken on a much more expansive role by regularly assessing broad constitutional questions and establishing important judicial precedents, with almost no public scrutiny, according to current and former officials familiar with the court’s classified decisions.

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Unequal access to secret information shows us who is doing real journalism

Chris Hayes nails it on MSNBC. The U.S. government and its many cronies in the mass media love to disburse secret information when it bolsters the position of the government. They take the opposite position when information embarrasses the U.S. government.

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Love his conclusion: The conduct of the vast and growing surveillance web is "on all of us what the government does in our name."

Continue ReadingUnequal access to secret information shows us who is doing real journalism

Non-journalist David Gregory attacks the journalism of Glenn Greenwald.

This is what modern American journalism is coming down to.

Guardian columnist Glenn Greenwald blasted NBC host David Gregory on Sunday for publicly entertaining the idea that he should be prosecuted for publishing secret National Security Agency (NSA) documents leaked by former U.S. government contractor Edward Snowden. “To the extent that you have aided and abetted Snowden, even in his current movements, why shouldn’t you, Mr. Greenwald, be charged with a crime?” Gregory asked the columnist in a Sunday interview. “I think it’s pretty extraordinary that anybody who would call themself a journalist would publicly muse about whether or not other journalists should be charged with felonies,” Greenwald shot back. “The assumption in your question, David, is completely without evidence, David — the idea that I’ve aided and abetted him in any way.”
Here's what journalism is, in the eyes of David Gregory. He eyes are all lit up, as if to say, "Look at me! I'm on a bus with a famous politician!" Check out Gregory's unwillingness to ask real questions throughout in his interview of Mitt Romney. Start at min 2:50 and see how long you can stand to watch this obeisant poor-excuse for a journalist. He gives up truth-finding in order to maintain a feel-good relationship with Romney. In other words, he is committing journalism malpractice: I understand Greenwald's disdain and shortness completely. I am disgusted that Gregory doesn't understand that a journalist is doing his/her job to confront the government with embarrassing information. I also know that Greenwald, had he been assured of having 20 minutes to answer the question, would have annihilated Gregory with something like this, starting at min 2:30. Consider also this: [Greenwald] responds to threats of investigation, etc. by Senate Intelligence Committee Chair Sen. Dianne Feinstein (D), Sen. Lindsey Graham (R) and others concerning his release of these documents journalism.
The first part of Greenwald's response: "Let them go ahead and investigate. There's this document called the Constitution, and one of the things it guarantees is the right of a free press. Which means, as a citizen and as a journalist, I have the absolute Constitutional right to go on and report on what it is my government is doing in the dark and inform my fellow citizens about that action ... And I intend to continue to shine light on that and Dianne Feinstein can beat her chest all she wants and call for investigations and none of that's gonna stop and none of it's gonna change"...

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Continue ReadingNon-journalist David Gregory attacks the journalism of Glenn Greenwald.