Seven ways for an American citizen to get detained indefinitely

This article at Huffpo summarizes seven ways for an American citizen to get detained indefinitely. These concerns are not made up out of thin air. They are based on positions taken by attorneys for Barack Obama's Department of Justice during the litigation brought by author Chris Hedges and others. Here is Hedges' recap of why he got involved with the suit:

In January, attorneys Carl Mayer and Bruce Afran asked me to be the lead plaintiff in a lawsuit against President Barack Obama and Defense Secretary Leon Panetta that challenged the harsh provisions of the National Defense Authorization Act (NDAA). We filed the lawsuit, worked for hours on the affidavits, carried out the tedious depositions, prepared the case and went to trial because we did not want to be passive in the face of another egregious assault on basic civil liberties, because resistance is a moral imperative, and because, at the very least, we hoped we could draw attention to the injustice of the law. None of us thought we would win. But every once in a while the gods smile on the damned.

Continue ReadingSeven ways for an American citizen to get detained indefinitely

The First Amendment wilts on the streets

Serious journalism has always been a dangerous business. It continues to be dangerous now, even for folks who want to make a record of how law enforce officers are cracking down on people reporting on protestors expressing their First Amendment rights. Tim Karr of Free Press reports:

While it’s important to take a day to recognize our right to speak and share information, threats to our First Amendment freedoms happen all the time, everywhere. It's a threat that will become very real on the streets of Chicago this weekend as a new breed of journalists and onlookers attempt to cover the protests surrounding the NATO summit. Just ask Carlos Miller. The photojournalist has been arrested three times. His “crime?” Attempting to photograph police actions in the U.S. Most recently, in January, Miller was filming the eviction of Occupy Wall Street activists from a park in downtown Miami. In a twist that’s become too familiar to many, the journalist became the story as police focused their crackdown on the scrum of reporters there to cover the eviction. Miller came face to face with Officer Nancy Perez, who confiscated his camera and placed him under arrest.

Continue ReadingThe First Amendment wilts on the streets

Inventing terrorists

America's alleged "protectors" are costing us an enormous amount of money. So much so, that a majority of Americans are willing to cut the "Defense" budget. Uh oh. Those good guys better go find and prosecute some of those alleged bad guys trying to destroy America. But what if those bad guys are too rare, or two hard to find? Rolling Stone's Rick Perstein makes it clear that if you can't find real bad guys, the next best thing would be to create them:

Then, the night before the May Day Occupy protests, they allegedly put the plan into motion – and just as the would-be terrorists fiddled with the detonator they hoped would blow to smithereens a scenic bridge in Ohio’s Cuyahoga Valley National Park traversed by 13,610 vehicles every day, the FBI swooped in to arrest them. Right in the nick of time, just like in the movies. The authorities couldn’t have more effectively made the Occupy movement look like a danger to the republic if they had scripted it. Maybe that's because, more or less, they did. The guy who convinced the plotters to blow up a big bridge, led them to the arms merchant, and drove the team to the bomb site was an FBI informant. The merchant was an FBI agent. The bomb, of course, was a dud. And the arrest was part of a pattern of entrapment by federal law enforcement since September 11, 2001, not of terrorist suspects, but of young men federal agents have had to talk into embracing violence in the first place. . . . In all these law enforcement schemes the alleged terrorists masterminds end up seeming, when the full story comes out, unable to terrorize their way out of a paper bag without law enforcement tutelage
. Complementing America's elite entrapment teams are America spying teams. The following passage is from Rachel Maddow's new book, Drift: the Unmooring of American Military Power:
The spy boom has been a beautiful windfall for architects, construction companies, IT specialists, and above all defense contractors, enriching thousands of private companies and dozens of local economies hugging the Capital Beltway. All those SCIFs and the rest of the government-contractor gravy train have made suburban Washington, DC, home to six of the ten wealthiest counties in America. Falls Church, Loudoun County, and Fairfax County in Virginia are one, two, and three. Goodbye, Nassau County, New York. Take that, Oyster Bay. The crown jewel of this sprawling intelligopolis is Liberty Crossing, in the Virginia suburbs of Washington—an 850,000-square-foot (and growing) complex that houses the National Counterterrorism Center. The agency was created and funded in 2004 because, despite spending $30 billion on intelligence before 9/11, the various spy agencies in our country did not talk to one another. So the $30 billion annual intelligence budget was boosted by 250 percent, and with that increase we built ourselves a clean, well-lighted edifice, concealed by GPS jammers and reflective windows, where intelligence collected by 1,271 government agencies and 1,931 private companies under government contract is supposedly coordinated.
At least there will be plenty of domestic drones to keep an eye on those protesters, as reported by Tim Watts of The Intel Hub:
Did you know that a bill, HR 658, the FAA Air Transportation Modernization and Safety Improvement Act, has just passed both the House and the Senate that authorizes the use of 30,000 spy drones over America? Like the anti-Posse Comitatus NDAA legislation that passed in November, this bill was not widely reported by the mainstream media. Do not feel bad for not knowing about this, because, similar to the anti-Constitutional NDAA legislation, they purposefully tried to hide this from the American public. The corporate controlled mainstream media was once again complicit and was an integral accessory in this crime against “We the People.” The corporate mainstream media failed us all miserably once again. Think about the enormity of this for a second… 30-THOUSAND drones flying overhead surveilling the US. If you divide that by 50 states, that is 600 drones per state!
I think that Rachel and Tim are getting a bit carried away, of course because this huge mushrooming industry is an antidote to the unemployment problem. We are quietly employing America's people by hiring them to spy on each other. Perhaps we'll soon reach a happy equilibrium where there's one American spy for every American non-spy. Or something like that. Or perhaps I'm overstating my case. I can't actually prove that American law enforcement/military personnel are spying on U.S. citizens or that they are doing this from the United States. James Bamford of Wired explains:
For example, NSA can intercept millions of domestic communications and store them in a data center like Bluffdale and still be able to say it has not “intercepted” any domestic communications. This is because of its definition of the word. “Intercept,” in NSA’s lexicon, only takes place when the communications are “processed” “into an intelligible form intended for human inspection,” not as they pass through NSA listening posts and transferred to data warehouses. Complicating matters is the senseless scenario made up for the questioning by Congress, which makes it difficult to make sense of his answers, especially since many seem very parsed, qualified, and surrounded in garbled syntax. That scenario involved NSA targeting U.S. citizens for making fun of a President Dick Cheney for shooting a fellow hunter in the face with a shotgun, and then the fun-makers being waterboarded for their impertinence. Asked whether the NSA has the capability of monitoring the communications of Americans, he never denies it – he simply says, time and again, that NSA can’t do it “in the United States.” In other words it can monitor those communications from satellites in space, undersea cables, or from one of its partner countries, such as Canada or Britain, all of which it has done in the past.

Continue ReadingInventing terrorists

EFF offers some thoughts on World Press Freedom Day

Electronic Frontier Foundation offers a thought-provoking article about World Press Freedom day. The bottom line is that the United States can do much better than it is currently doing. Here's an excerpt from the article:

Journalists' sources in the U.S. have been the hardest hit in recent years. The current administration has used the Espionage Act to prosecute a record six whistleblowers for leaking information to the press—more than the rest of the previous administrations combined. Many of these whistleblowers have exposed constitutional violations such as the NSA’s warrantless wiretapping program and the CIA’s waterboarding practices—issues clearly in the public interest—and now face years in prison. Meanwhile, the Justice Department has brought no prosecutions for the crimes underlying the exposed allegations. In addition, a grand jury is reportedly still investigating WikiLeaks for violations of the Espionage Act for publishing classified information—a practice that has traditionally been protected by the First Amendment and which other newspapers engage in regularly. It would not only be completely unprecedented to prosecute a publisher under the archaic statute, but would also endanger many U.S. based publications like the New York Times. And as former State Department spokesman P.J. Crowley has remarked, the U.S. government’s investigation into WikiLeaks undermines the United States’ ability to pressure countries like Russia and China to allow greater press freedom.

Continue ReadingEFF offers some thoughts on World Press Freedom Day

Staying power of the occupy movement

Charles P. Pierce, writing at Esquire:

If the Occupy people want to march, I say let them march. If they resist conventional politics, that may be because conventional politics are worth resisting. What I do know is that, if i weren't for the people in the streets last autumn, the Obama people would be running a very different campaign and Willard Romney wouldn't look half as ridiculous as he does.

Continue ReadingStaying power of the occupy movement