Leaks that embarass the U.S. vs. leaks that make the U.S. look good.

Is the Obama Administration uniformly clamping down on leaks? Not at all, says Glenn Greenwald.

But the worst part of this whistleblower war, beyond the obvious threats it poses to transparency and a free press, is how purely selective it is. Just as Lynndie England went to prison for her detainee abuse while Don Rumsfeld, Dick Cheney and John Yoo went on lucrative book tours for theirs, it is only low- to mid-level leakers who are punished by the Obama DOJ, and then only for the crime of embarrassing the U.S. Government rather than glorifying it. High-level Obama administration leakers disclose classified information at will, without the slightest fear of punishment. One can pick up a newspaper or listen to a television news broadcast almost every day and find examples of leaks from Obama’s high-level officials far more serious than those allegedly committed by the Bradley Mannings and Thomas Drakes of the world. From today’s New York Times article on Syria:
In Washington, a senior American official who is tracking Syria closely said Thursday that American intelligence reports had concluded that Syrian forces were moving some parts of their chemical weapons arsenal to safeguard it from falling into rebel hands, not to use it. “They’re moving it to defend it in some of the most contested areas,” said the official, who spoke on condition of anonymity because of the classified intelligence reports.

Continue ReadingLeaks that embarass the U.S. vs. leaks that make the U.S. look good.

Mitt Romney’s evasions regarding U.S. involvement in Afghanistan

This insane statement about the US Military action in Afghanistan (where we blow $2 Billion/Week) was made by a senior adviser to Mitt Romney:

A senior adviser to Mitt Romney declined to provide more specific details on the presumptive GOP nominee's plan for Afghanistan on Thursday, saying it was a distraction from what "real Americans want to talk about."

Continue ReadingMitt Romney’s evasions regarding U.S. involvement in Afghanistan

US claims it is illegal to challenge illegal spy statute in court

We are definitely living in Orwellian times, based on the following article from the Electronic Frontier Foundation, which I am reprinting in its entirety (it is licensed by Creative Commons): EFF Challenges National Security Letter Statute in Landmark Lawsuit Since the first national security letter statute was passed in 1986, the FBI has issued hundreds of thousands of such letters seeking private telecommunications and financial records of Americans without any prior approval from courts. Indeed, for the period between 2003 and 2006 alone, almost 200,000 requests for private customer information were sought pursuant to various NSL statutes. Prior to 2011, the constitutionality of this legal authority to investigate the records of Americans without court oversight had been challenged in court -- as far as we know -- exactly one time. EFF is today releasing FBI-redacted briefing from a major new ongoing case in which it is challenging one of the NSL statutes on behalf of a telecommunications company that received an NSL in 2011. Not only does this briefing show that the Department of Justice continues to strongly protect the FBI's NSL authority, it highlights a startlingly aggressive new tactic used by the Department of Justice: suing NSL recipients who challenge the FBI's authority, arguing that court challenges to such authority themselves amount to breaking the law. National security letter statutes -- five in all -- are controversial laws that allow the FBI to easily bypass courts and issue administrative letters on their own authority to telecommunications companies and financial institutions demanding information about their customers. The NSL statutes permit the FBI to permanently gag service providers from revealing the fact that the demand was made, preventing them from notifying either their customers or the public. While the statute has many deficiencies, one of the core constitutional issues (already recognized by one federal appeals court) is that it turns the First Amendment's procedural prior restraint doctrine on its head by allowing the FBI to issue a never-ending prior restraint on its own, then requiring the recipient service provider to undertake a legal challenge. Another fundamental problem with the NSL statutes is that courts are all but written out of any part of the process: the FBI can issue demands for records and gag provisions without court authorization, and recipient telecommunications and financial companies have no way to determine whether and how the government might be overreaching or otherwise abusing its authority. Not surprisingly, given these significant structural barriers, legal challenges are extraordinarily rare. EFF brought its challenge on behalf of its client in May of 2011, raising these and other fundamental due process and First Amendment concerns about the structure of these problematic statutes. In response, the Department of Justice promptly filed a civil complaint against the recipient, alleging that by "stat[ing] its objection to compliance with the provisions of" the NSL by "exercis[ing] its rights under" the NSL statute to challenge the NSL's legality, the recipient was "interfer[ing] with the United States' vindication of its sovereign interests in law enforcement, counterintelligence, and protecting national security." While it ultimately agreed to a stay, temporarily suspending its suit against the recipient, the government has moved to compel disclosure of the subscriber information and to uphold the gag. The petition to set aside the NSL is currently pending before the United States District Court for the Northern District of California. Whether the recipient will be permitted to speak out about its specific experiences -- and whether the FBI will be permitted to issue NSLs, at least in one district -- should soon be known.

Continue ReadingUS claims it is illegal to challenge illegal spy statute in court

Julian Assange seeks asylum from Ecuador

Julian Assange, facing imminent extradition to Sweden, has decided to seek asylum from Ecuador. Glenn Greenwald explains why this is an utterly rational decision for the creator of Wikileaks:

In 2010, a top official from that country offered Assange residency (though the Ecuadorian President backtracked after controversy ensued). Earlier this month, Assange interviewed that nation’s left-wing President, Rafael Correa, for his television program on RT. Among other things, Correa praised the transparency brought about by WikiLeaks’ release of diplomatic cables as being beneficial for Ecuador (“We have nothing to hide. If anything, the WikiLeaks [releases] have made us stronger”). President Correa also was quite critical of the U.S., explaining the reason he closed the American base in his country this way: “Would you accept a foreign military base in your country? It’s so simple, as I said that at the time, there is no problem in having a U.S. military base in Ecuador but ok, perfect - we can give permission for the intelligence base only if they allow us to install an Ecuadorian base in the United States, a military base. That’s it, no more problem.”
In this same article, Greenwald explains why Assange has no reason to expect fair treatment from Sweden or the United States. See also this post, indicating that the U.S. prosecution of Assange is an attack on democracy itself. The "crime" of Assange is that he has done, only better, what the New York Times does when it wins awards.

Continue ReadingJulian Assange seeks asylum from Ecuador

Why is Jerry Sandusky News?

I was sitting in the barber chair this morning, where they had on some national news show that spent the entire time I was there discussing the ongoing trial of (alleged) pedophile Jerry Sandusky. I've been hearing about this on news stations for months. They are spending as long on the nightly news discussing this trial as they do on the collapse of the European economies or the coups in various major oil-producing nations. I am truly puzzled about the coverage. There are likely several pedophiles on trial any given day. Why are they not newsworthy? Is it because he is a coach? Many of them are. Was it because he was a winning coach? I just don't understand why this one (alleged) pedophile is as newsworthy as wars deposing dictators to replace them with democratically elected Islamist regimes. Are both events shaping the course of civilization?

Continue ReadingWhy is Jerry Sandusky News?