4th Amendment reminder

Congress insists that the massive, invasive, unprecedented spying that they have authorized the government to perform is legal and necessary to stop terrorists. I didn't notice any exceptions written into the Bill of Rights that nullify the rights in cases of terrorism . . .

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All communications among Americans are subject to surveillance

Glenn Greenwald gathers the evidence for concluding that all (not some, not most) telephone and email communications among Americans are subject to screening by the U.S. Surveillance State.

That no human communications can be allowed to take place without the scrutinizing eye of the US government is indeed the animating principle of the US Surveillance State. Still, this revelation, made in passing on CNN, that every single telephone call made by and among Americans is recorded and stored is something which most people undoubtedly do not know, even if the small group of people who focus on surveillance . . . Some new polling suggests that Americans, even after the Boston attack, are growing increasingly concerned about erosions of civil liberties in the name of Terrorism. Even those people who claim it does not matter instinctively understand the value of personal privacy: they put locks on their bedroom doors and vigilantly safeguard their email passwords. That's why the US government so desperately maintains a wall of secrecy around their surveillance capabilities: because they fear that people will find their behavior unacceptably intrusive and threatening . . .

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How to investigate rich people hiding their money in off-shore accounts

Here's how to track down and expose thousands of rich people hiding their money offshore. Congratulations to the International Consortium of Investigative Journalists. What did they find in the 260 GB hard drive that was anonymously delivered to ICIJ? Here's another article on the work of ICIJ:

The secret records obtained by the International Consortium of Investigative Journalists lay bare the names behind covert companies and private trusts in the British Virgin Islands, the Cook Islands and other offshore hideaways. They include American doctors and dentists and middle-class Greek villagers as well as families and associates of long-time despots, Wall Street swindlers, Eastern European and Indonesian billionaires, Russian corporate executives, international arms dealers and a sham-director-fronted company that the European Union has labeled as a cog in Iran’s nuclear-development program.

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Chris Hedges: Democracy itself at stake in the trial of Bradley Manning

Chris Hedges, writing at TruthDig:

This trial is not simply the prosecution of a 25-year-old soldier who had the temerity to report to the outside world the indiscriminate slaughter, war crimes, torture and abuse that are carried out by our government and our occupation forces in Iraq and Afghanistan. It is a concerted effort by the security and surveillance state to extinguish what is left of a free press, one that has the constitutional right to expose crimes by those in power. The lonely individuals who take personal risks so that the public can know the truth—the Daniel Ellsbergs, the Ron Ridenhours, the Deep Throats and the Bradley Mannings—are from now on to be charged with “aiding the enemy.” All those within the system who publicly reveal facts that challenge the official narrative will be imprisoned, as was John Kiriakou, the former CIA analyst who for exposing the U.S. government’s use of torture began serving a 30-month prison term the day Manning read his statement. There is a word for states that create these kinds of information vacuums: totalitarian. The cowardice of The New York Times, El Pais, Der Spiegel and Le Monde, all of which used masses of the material Manning passed on to WikiLeaks and then callously turned their backs on him, is one of journalism’s greatest shames. These publications made little effort to cover Manning’s pretrial hearings, a failure that shows how bankrupt and anemic the commercial press has become . . . Manning has done what anyone with a conscience should have done. In the courtroom he exhibited—especially given the prolonged abuse he suffered during his thousand days inside the military prison system—poise, intelligence and dignity. He appealed to the best within us. And this is why the government fears him. America still produces heroes, some in uniform. But now we lock them up.
I know a lot of people are uneasy about calling Manning a hero because they consider him a criminal because he apparently broke laws. I wonder whether they would agree that by exposing lawless American warmongering and exposing huge numbers of civilian casualties covered up by the U.S. Manning has saved many lives by shortening, curtailing and discouraging the reckless use of the U.S. military. Can't a thing declared to be criminal be the right thing to do? Was Martin Luther King merely a "criminal," or was he doing the right thing? The case against Bradley Manning is a battle over whether the People of the United States, supposedly the ones running this country, have the right to know what their own government is doing. Or, on the other hand, the U.S. Government has the right to frighten off the relatively few remaining quality journalists out there by threatening a bizarre use of the federal Espionage Act. It's that simple.

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What is at stake in the trial of Bradley Manning?

What is really at stake in the trial of Bradley Manning? It's whether We the People are going to decide to trust our government regarding all foreign policy (and domestic security) matters, despite a long and disturbing track record of government coverups and public lies. Yochai Benkler explains at The New Republic:

Whistleblowers play a critical constitutional role in our system of government, particularly in the area of national security . . . Freedom of the press is anchored in our constitution because it reflects our fundamental belief that no institution can be its own watchdog . . . The implications of Manning’s case go well beyond Wikileaks, to the very heart of accountability journalism in a networked age. . . . If Bradley Manning is convicted of aiding the enemy, the introduction of a capital offense into the mix would dramatically elevate the threat to whistleblowers. The consequences for the ability of the press to perform its critical watchdog function in the national security arena will be dire. And then there is the principle of the thing. However technically defensible on the language of the statute, and however well-intentioned the individual prosecutors in this case may be, we have to look at ourselves in the mirror of this case and ask: Are we the America of Japanese Internment and Joseph McCarthy, or are we the America of Ida Tarbell and the Pentagon Papers? What kind of country makes communicating with the press for publication to the American public a death-eligible offense? What a coup for Al Qaeda, to have maimed our constitutional spirit to the point where we might become that nation.
Benkler is slated to testify as an expert witness in Manning's case. He has written extensively regarding the Constitutional issues at stake in the case, including this article previously discussed at this site. Consider also, this similar assessment of Manning's case by Julian Assanage of Wikileaks.

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