Barack Obama didn’t forget to pardon Bradley Birkenfeld today

Today, Barack Obama pardoned eight people. They included people convicted of drug offenses and a woman accused of evading bank reporting requirements. Bradley Birkenfeld, an American banker who formerly worked for UBS, Switzerland's largest bank, was not among the eight people pardoned.   The information Birkenfeld voluntarily provided to the federal government in 2007 led to the government's "uncovering the biggest tax fraud in U.S. history."  Perhaps Birkenfeld (photo here) was intentionally overlooked because pardoning him would remind the public that he is sitting in prison for no good reason, after attempting to report tens of thousands of rich tax cheat to the federal government. Birkenfeld's problem is that he is not a celebrity, or wealthy or a sport star or a politician, like many of the thousands of tax cheats he tried to bring to the attention of an uninterested federal government. Birkenfeld continues to sit in prison in Schuylkill Pennsylvania, while the United States continues to wage its war on whistle-blowers (and see here).   Several additional links on whistle-blower abuse here.

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Barack Obama: The Surveillance President

Glenn Greenwald points to three extraordinary events this week that earn Barack Obama the title of Surveillance President. These events dovetail with the President's previous conduct aimed at furthering government secrecy at the expense of an informed citizenry. These events also need to be seen in the context of Obama's War on whistleblowers, as reported by Jane Mayer of The New Yorker.  "[T]he Obama Administration has pursued leak prosecutions with a surprising relentlessness. . . . [I]t has been using the Espionage Act to press criminal charges in five alleged instances of national-security leaks—more such prosecutions than have occurred in all previous Administrations combined."  But that is just the beginning.  Here's one more excerpt from The New Yorker:

Jack Balkin, a liberal law professor at Yale, agrees that the increase in leak prosecutions is part of a larger transformation. “We are witnessing the bipartisan normalization and legitimization of a national-surveillance state,” he says. In his view, zealous leak prosecutions are consonant with other political shifts since 9/11: the emergence of a vast new security bureaucracy, in which at least two and a half million people hold confidential, secret, or top-secret clearances; huge expenditures on electronic monitoring, along with a reinterpretation of the law in order to sanction it; and corporate partnerships with the government that have transformed the counterterrorism industry into a powerful lobbying force. Obama, Balkin says, has “systematically adopted policies consistent with the second term of the Bush Administration.”

[caption id="attachment_18134" align="alignright" width="300" caption="Image by Kgtoh at Dreamstime (with permission)"][/caption] But back to the three recent events: 1. Top congressional leaders agreed Thursday to a four-year extension of the Patriot Act; 2. The Obama administration is seeking to make it easier for the FBI to compel companies to turn over records of an individual's Internet activity without a court order if agents deem the information relevant to a terrorism or intelligence investigation; and 3. The nonprofit Electronic Frontier Foundation alleges in a lawsuit filed Thursday that the Justice Department's Office of Legal Counsel violated federal open-records laws by refusing to release its legal opinion that concludes that the FBI may obtain telephone records of international calls made from the U.S. without any formal legal process, a watchdog group asserts. Welcome to the United States of Surveillance.

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How to tell our enemies how we plan to track them down and kill them

I keep hearing more details about how the U.S. government pulled off the raid that killed Osama Bin Laden. These tactics and strategies are all being leaked by U.S. government employees, of course, because no one else was in a position to leak this valuable and sensitive technical information to the press. Government officials are energetically crowing about how to trace a wanted figure, details on how to do electronic surveillance, how to plan a surgical attack and how to carry it out, down to minute details. Everything a enemy might want to know. It seems to me that this is the type of information that should be kept secret, lest some other enemy of the U.S. might need to be tracked down in the future. Now compare to the details leading up to Osama Bin Laden's death to the types of information being leaked by Wikileaks, most of which falls into the categories of exposing lies, revealing torture, revealing civilian deaths, and revealing hypocrisy on behalf of U.S. officials. I suppose that it matters more who is leaking the secrets than what kind of secret is being leaked.

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After ruining his career, U.S. DOJ drops charges against whistleblower

In 2004, Thomas Tamm decided to expose the Bush administration’s domestic warrantless eavesdropping program that intercepted private email messages and phone calls of U.S. residents without a court warrant. He paid a high price for making this illegal program public, and now the federal investigation against him has been quietly dropped. This latest development has been covered by Juan Gonzalez and Amy Goodman of Democracy Now, and includes an interview of Mr. Tamm:

JUAN GONZALEZ: We turn now to an update on the whistleblower who helped expose the Bush administration’s warrantless domestic eavesdropping program. He made what’s been called the biggest leak of the Bush era.

In 2004, Justice Department attorney Thomas Tamm called the New York Times and told them about the National Security Agency’s secret program to intercept private email messages and phone calls of U.S. residents without a court warrant. Based in part on his tip, the Times went on to expose what many believe was a highly illegal program. The Times even won a Pulitzer Prize for its reporting. Meanwhile, Thomas Tamm lost his job. The FBI raided his house and began monitoring his phone calls and email. Up until this week, he faced possible arrest for disclosing classified secrets.

AMY GOODMAN: Well, on Tuesday, Politico broke the news that the Justice Department has dropped its longstanding criminal investigation of Tamm. Asked to comment on the story, Attorney General Eric Holder told reporters, quote, "These matters get reviewed by career lawyers in the department. They look at these matters in an exhaustive fashion and reach what I think are appropriate conclusions."

The relatively quiet end to the investigation into Tamm’s warrantless wiretapping leak marks a sharp contrast to the controversy his tip generated during the second half of the Bush administration about whether the government had overstepped its legal authority in response to the 9/11 terror attacks.

Thomas Tamm joins us now from Washington, D.C. We welcome you back to the program.

THOMAS TAMM: Thank you for inviting me.

AMY GOODMAN: Well, talk about what this means and what this investigation, your ouster from the Justice Department, what all of this has meant for your life over the past five years.

THOMAS TAMM: Well, I mean, it’s a relief that the long ordeal is over. Unfortunately, I ruined my career. I had loved working at the Justice Department, particularly in the Criminal Division. It was an honor to represent the people of the United States. As a result of that, I incurred significant legal fees, which I still owe. I borrowed money for those legal fees. And, you know, really, probably the biggest impact was on my family. I wasn’t home when the 18 FBI agents rammed through my house, but my wife was, and my kids were. My kids were awakened in their beds by strangers wearing guns. And I don’t think that they will ever get over that. My wife doesn’t feel the same way about our house, doesn’t feel as safe in our house.

AMY GOODMAN: Could you go back, just chronologically take us through this? Your case did not get a tremendous amount of attention, certainly through the years. So talk about what you found out when you were working in the Justice Department, when you made that phone call to the Times, and how this raid took place. But start at the beginning.

THOMAS TAMM: Well, it really kind of started with me after 9/11. In the Criminal Division, we had the opportunity to talk to the families of the 9/11 attack, and I decided that I wanted to try and go after the real bad guys, the people that had attacked our country. And so, I went to this office where you were—where we did legal wiretapping and electronic surveillance, approved by a court, to try and gain intelligence about foreign agents. I was there only a short period of time. It was right at the start of the Iraq war, and fear permeated that office. And it was—I think for the first time I understood what fear, "the only thing we have to fear is fear itself," actually meant.

And as I participated in that, I realized that there was a separate track of cases, about 10 percent of the cases, that did not go through the normal process, that went to just one particular judge. And only the Attorney General could sign those warrants, which was different from all of the other cases that I handled. And I remember a lawyer that was senior to me saying that she didn’t want to know what this program was. She just assumed it was illegal. And so, I just started—it was kind of an educated guess.

And, you know, it’s interesting to say that I made a phone call to the New York Times. Actually, it was a series of phone calls before I became comfortable even talking to them, and then it was a series of meetings, during which I said, "I think that there’s something illegal going on. I’m not sure what it is." [More . . . ]

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Kucinich is refused access to Bradley Manning

The DoD is refusing to allow Dennis Kucinich speak with Bradley Manning:

Since my initial request to visit Private First Class (Pfc.) Bradley Manning on February 4, 2011, the Department of Defense (DoD) has consistently sought to frustrate any attempts to communicate with Pfc. Manning regarding his well-being. I or my staff have been shuffled between the Secretary of the Army, the Secretary of the Navy, and the Office of Secretary Gates. I was initially told that I would need Pfc. Manning's approval in order to meet with him. When Pfc. Manning indicated his desire to meet with me, I was belatedly informed that the meeting could only take place if it was recorded because of a Monitoring Order imposed by the military's Special Courts-Martial Convening Authority on September 16, 2010, which was convened for the case. Confidentiality is required, however, to achieve the candor that is necessary to perform the oversight functions with which I am tasked as a Member of the Committee on Oversight and Government Reform. I was also told that I could be subpoenaed to testify about the contents of my conversation with Pfc. Manning. This is a clear subversion of the constitutionally protected oversight process and it severely undermines the rights of any Member of Congress seeking to gather information on the conditions of a detainee in US custody.

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