Obama Speaks with Forked Tongue on Surveillance
By Sheldon Richman | FFF | June 11, 2013
It’s bad enough the federal government spies on us. Must it insult our intelligence too?
The government’s response to Edward Snowden’s leaks about the National Security Agency’s secret monitoring of the Internet and collection of our telephone logs is a mass of contradictions. Officials have said the disclosures are (1) old news, (2) grossly inaccurate, and (3) a blow to national security. It’s hard to see how any two of these can be true, much less all three.
Can’t they at least get their story straight? If they can’t do better than that, why should we have confidence in anything else that they do?
Snowden exposed the government’s indiscriminate snooping because, among other things, it violates the Fourth Amendment protection against unreasonable searches and he had no other recourse.
Director of National Intelligence James Clapper says Snowden should have used established channels to raise his concerns, but there are no effective channels. Members of the congressional intelligence committees are prohibited from telling the public what they learn from their briefings. Two members of the Senate committee, Ron Wyden and Mark Udall, for years have warned — without disclosing secrets — that the Obama administration is interpreting the Patriot Act and related laws far more broadly than was ever intended by those who voted for those pieces of legislation. Their warnings have made no difference.
A court challenge wasn’t open to Snowden either. Glenn Greenwald, who published Snowden’s leaks in the Guardian, notes that for years the ACLU has tried to challenge the surveillance programs in court on Fourth Amendment grounds, but the Obama administration has blocked the effort by arguing that the ACLU has no standing to bring the suit. It’s a classic Catch-22. Since the surveillance is secret, no one can know if he has been spied on. But if no one knows, no one can go into court claiming to be a victim, and the government will argue that therefore the plaintiff has no standing to challenge the surveillance. Well played, Obama administration.
The administration should not be allowed to get away with the specious claim that telling its secrets to a few privileged members of Congress is equivalent to informing the people. It is not. It’s merely one branch of government telling some people in another branch. Calling those politicians “our representatives” is highly misleading. In what sense do they actually represent us?
Equally specious is the assertion that the NSA can’t monitor particular people without court authorization. The secret FISA court is a rubber stamp.
When Obama ran for president in 2008, he said Americans shouldn’t have to choose between privacy and security. Now he says that “one of the things that we’re going to have to discuss and debate is how are we striking this balance between the need to keep the American people safe and our concerns about privacy? Because there are some tradeoffs involved.”
What do you take us for, Mr. President? Do you say whatever serves your momentary interest?
It’s outrageous for Obama to say he welcomes this debate — when his regime is plotting to capture and prosecute the heroic whistleblower who made it possible.
The debate would be bogus anyway. No one has a right to make a security/privacy tradeoff for you. Our rights should not be subject to vote, particularly when a ruling elite ultimately will make the decision — out of public view!
Americans have learned nothing from the last 40 years if they have not learned that the executive branch — regardless of party — will interpret any power as broadly as it wishes. Congressional oversight is worse than useless; it’s a myth, especially when one chamber is controlled by the president’s party and the other chamber’s majority embraces big government as long as it carries a “national security” label.
Obama says, “If people can’t trust not only the executive branch but also don’t trust Congress and don’t trust federal judges to make sure that we’re abiding by the Constitution, due process and rule of law, then we’re going to have some problems here.”
That’s wrong. If the politicians’ only response to revelations that they’re violating our privacy is to ask for trust, then we already have problems.
Related articles
- US lawmakers call for review of Patriot Act after NSA surveillance revelations (guardian.co.uk)
- Information chiefs worldwide sound alarm… (guardian.co.uk)
Should the Director of National Intelligence Be Impeached for Lying to Congress About PRISM?
By Derek Khanna | Politix | June, 2013
Director of National Intelligence James Clapper being grilled by Sen. Ron Wyden • Screenshot
In March 2013, Senator Ron Wyden (D-OR) put the Director of National Intelligence James Clapper on the spot on NSA’s dragnet style surveillance of American citizens.
Wyden had been briefed (according to his comments here) on the ongoing program that is now known as PRISM. At the hearing on March 12 before the Senate Intelligence Committee, Wyden appeared to be trying to expose this program to Congress and the general public.
The senator was likely taken by surprise when Director Clapper appeared to directly deny the existence of the program Wyden was aware of, which is probably why he asked Clapper to repeat himself. The following is from the hearing:
Wyden: And this is for you, Director Clapper, again on the surveillance front. And I hope we can do this in just a yes or no answer because I know Senator Feinstein wants to move on. Last summer the NSA director was at a conference and he was asked a question about the NSA surveillance of Americans. He replied, and I quote here, ‘…the story that we have millions or hundreds of millions of dossiers on people is completely false.’ The reason I’m asking the question is, having served on the committee now for a dozen years, I don’t really know what a dossier is in this context. So what I wanted to see is if you could give me a yes or no answer to the question: Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?”
Clapper: “No, sir.”
Wyden: “It does not.”
Clapper: “Not wittingly. There are cases where they could inadvertently perhaps collect, but not wittingly.”
Wyden: “All right. Thank you. I’ll have additional questions to give you in writing on that point, but I thank you for the answer.”
Wyden is on the Intelligence Committee and knew what he was asking about. He was not phishing with this question; rather, he was specifically asking about what we now know as PRISM and trying to get Clapper to discuss this issue with Congress. And Clapper, who could clearly have said something along the lines of “any program of that nature would be classified…” instead chose to answer the question, which he likely knew was referring to PRISM, in a way that he knew, or should have known, would mislead Congress.
Wyden seems to have done everything he could to shed light on this information for the American people without violating American law. He previously asked the NSA for a “ballpark estimate” on how many Americans are being spied upon under FISA. The NSA responded that they could not answer the question: “Obtaining such an estimate was beyond the capacity of his office…An IG review of the sort suggested would itself violate the privacy of U.S. persons.”
Wyden’s question to Clapper was quite explicit: he asked, does the NSA collect “any type of data.” And Clapper said no. If the reports in the Washington Post and elsewhere on PRISM are accurate, then this statement appears to be a lie.
Clapper was asked to clarify his remarks on Thursday and told the National Journal, “What I said was, the NSA does not voyeuristically pore through U.S. citizens’ e-mails. I stand by that.”
This is an interesting “update” to his comment and logical damage control. But this is not necessarily clear either. Wittingly means “with full knowledge and deliberation.” The Powerpoint released last week, if facts substantiate what has already been reported, appears to show that in the PRISM program the NSA is wittingly and deliberately collecting information on millions of Americans.
Clapper’s statement appears to be untrue; however, legal experts may be able to parse it in a different way. If it wasn’t a lie it appears to be clearly misleading.
Lying to Congress is an extremely serious offense, although few have been found guilty. Roger Clemens was indicted for lying to Congress (but ultimately found innocent of perjury). Many of the cases of individuals convicted of lying to Congress arose from Watergate, including President Nixon’s Attorney General, John Mitchell, and Nixon’s Chief of staff, H.R Haldeman.
Executive officials can be impeached for “treason, bribery or other high crimes and misdemeanors.” As a non-criminal matter, there are serious grounds to argue that lying to Congress is among the most severe potential “high crimes and misdemeanors.”
Lying to a Grand Jury was the grounds for President Clinton’s impeachment; and that was lying to a grand jury, not lying to Congress when Congress is the relevant oversight branch. Furthermore, lying to Congress while Congress is performing oversight impedes a Congressional inquiry and investigation; Clinton’s lying to a Grand Jury did not impede Congressional functioning. This may be a poor example, because many disagreed with Clinton’s impeachment. The point is only that Clapper’s statement rises to or even exceeds previous standards for impeachment. (Impeachment is the House essentially “indicting” an Executive official which would require the Senate to convict for ultimate removal.)
Under the Constitution, Congress has a few major roles: to pass legislation and to oversee the Executive branch. The Intelligence Committee was specifically created to oversee the Intelligence Community in the wake of systemic abuses from the 1960s and 1970s. This oversight of intelligence organizations is critical to protecting average citizens from abuses that were well documented, including the wiretapping of Martin Luther King Jr. But this oversight process can only work if members of the Executive branch are honest with Congress. Members of the Executive branch know this, and these high stakes are precisely why in confrontations between the Executive and the Legislative branch, sometimes Executive branch officials try to refuse to appear before Congress – citing executive privilege.
Clapper’s statement appears to have misled the relevant Congressional Committee, and more importantly, misled Members of Congress who don’t receive the information that the Intelligence Committee receives. Ultimately these statements misled the general public. This obfuscation of the truth inhibited the Intelligence Committee from performing proper oversight, which is the primary role of the Intelligence Committee. There is little point in having an oversight committee for intelligence if members of the intelligence community can simply lie when asked questions before a hearing.
Misspeaking at a hearing may be a mistake. Misspeaking before the Intelligence Committee is an extremely grievous mistake. But even more egregious here is that Clapper had ample time to correct the record and apparently failed to do so. Statements made at hearings are not coffee shop like discussions; rather, they are carefully prepared in advance. If Clapper did not have a prepared answer for this question, it’s extremely likely that the NSA counsel would have reviewed his statement after the hearing – putting him on notice that if his statement was incorrect he had the obligation to correct it. In fact, if the NSA’s counsel knew that Clapper was lying or misspeaking, he may have had a legal obligation to tell Clapper to inform the Committee of his misstatement. And, under a similar procedure for lying at court, if Clapper refused to correct the record then the Counsel may have had an obligation to tell the Committee anyway. This gives some perspective on the legal severity of lying to a congressional committee.
President Obama has claimed that Congress was aware of all ongoing programs of this nature. The Administration can’t have it both ways. It can’t claim that Congress was in the loop and signed off when the Director of National Intelligence appears to have at best misled and at worst lied to the relevant oversight branch.
Our entire national security infrastructure was restructured because of the major scandals in the 1960s and 70s which ultimately culminated in the Church and Pike Committees. The Congressional Intelligence Committees were created to oversee the intelligence community and protect against abuses. The Committees were designed particularly to ensure protection of American citizens’ civil liberties. If the PRISM program represents the most significant and controversial ongoing intelligence operations impacting civil liberties in the past forty years (so we hope), then shouldn’t misleading the relevant committee be treated as among the most serious offenses that an executive official can commit? If not, how can Congress have any ability to oversee intelligence operations at all? If being in charge of the intelligence community, as Clapper is, and misleading the relevant committee overseeing your operations when they are trying to investigate is not a “high crime and misdemeanor,” then what other forms of misbehavior would meet that threshold? What message would it send to other governmental officials when asked to speak to Congress?
Twitter: #ImpeachClapper
Check out my testimony on cell phone unlocking at the House Judiciary Committee hearing last week.
Derek Khanna (@DerekKhanna and Facebook.com/derekkhanna) is the maverick former Republican staffer and civil liberties advocate whose op-eds on cell phone unlocking went viral in January. He is now a Yale Law
Related article
Germany slams US for ‘Stasi methods’ ahead of Obama visit
RT | June 12, 2013
Germans are expressing outrage as details of a US internet spy program – revealed by a former CIA employee-turned-whistleblower – are prompting comparisons with that of former communist East Germany’s Ministry for State Security.
Unfortunately for Obama’s upcoming trip to Berlin, it was revealed that Germany ranks as the most-spied-on EU country by the US, a map of secret surveillance activities by the National Security Agency (NSA) shows.
German ministers are expressing their outrage over America’s sweeping intelligence-gathering leviathan, with one parliamentarian comparing US spying methods to that of the communist East Germany’s much-dreaded Ministry for State Security (Stasi).
Washington is using “American-style Stasi methods,” said Markus Ferber, a member of Chancellor Angela Merkel’s Bavarian sister party and member of the European Parliament.
“I thought this era had ended when the DDR fell,” he said, using the German acronym for the disposed German Democratic Republic.
Clearly, enthusiasm for the American leader’s upcoming visit will be much more tempered than it was in 2008 when 200,000 people packed around the Victory Column in central Berlin to hear Obama speak of a world that would be dramatically different from that of his hawkish Republican predecessor, George W. Bush.
Merkel will question Obama about the NSA program when he visits in Berlin on June 18, government spokesman Steffen Seibert told reporters on Monday. Some political analysts fear the issue will dampen a visit that was intended to commemorate US-German relations on the 50th anniversary of John F. Kennedy’s famous “Ich bin ein Berliner” speech.
Bush excesses, Obama digresses
One year into his second term, Barack Obama seems powerless to roll back the military and security apparatus bolted down by the Bush administration in the ‘War on Terror.’
One consequence of this failure of the Obama administration to reign in Bush-era excesses emerged last week when former National Security Agency employee Edward Snowden, 29, blew the whistle on a top-secret intelligence system named Prism, which collects data on individuals directly from the servers of the largest US telecommunications companies.
According to documents leaked to the Washington Post and Guardian newspapers, PRISM gave US intelligence agencies access to emails, internet chats and photographs from companies like Google, Facebook, Twitter, Verizon and Skype.
Justice Minister Sabine Leutheusser-Schnarrenberger said leaked reports that US intelligence services are able to track virtually all forms of Internet communication demanded an explanation.
“The more a society monitors, controls and observes its citizens, the less free it is,” she wrote in a guest editorial for Spiegel Online on Tuesday. “The suspicion of excessive surveillance of communication is so alarming that it cannot be ignored. For that reason, openness and clarification by the US administration itself is paramount at this point.”
All of the facts must be put on the table, the minister added.
Obama has defended the intelligence-gathering system as a “modest encroachment” that Americans should be willing to accept on behalf of security.
“You can’t have 100 per cent security and also then have 100 per cent privacy and zero inconvenience,” he said. “We’re going to have to make some choices as a society. There are trade-offs involved.”
The United States, however, is not legally restricted from eavesdropping on the communications of foreigners, meaning in theory that Washington could be listening to and collecting the private communications of individuals anywhere in the world.
Peter Schaar, Germany’s federal data protection commissioner, said the leaked intelligence was grounds for “massive concern” in Europe.
“The problem is that we Europeans are not protected from what appears to be a very comprehensive surveillance program,” he told the Handelsblatt newspaper. “Neither European nor German rules apply here, and American laws only protect Americans.”
Meanwhile, German opposition parties hope to gain from the scandal, especially with parliamentary elections approaching in September, and Merkel looking to win a third term.
“This looks to me like it could become one of the biggest data privacy scandals ever,” Greens leader Renate Kuenast told Reuters.
Obama is scheduled to hold talks and a news conference with Merkel on Wednesday followed by a speech in front of the Brandenburg Gate, the 18th triumphal arch that is one of Germany’s most recognizable landmarks.
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- The NSA Black Hole: 5 Basic Things We Still Don’t Know About the Agency’s Snooping
- NSA Document Leak Proves Conspiracy To Create Big Brother Style World Control System
- DOJ launches criminal probe of NSA leaker
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- Government Spying: Should We Be Shocked?
- Boundless Informant: NSA’s complex tool for classifying global intelligence
- The NSA’s Favorite Weasel Word To Pretend It’s Claiming It Doesn’t Spy On Americans
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US imposes sanctions on Hezbollah, citing Syria role, Africa influence
Press TV – June 12, 2013
The US has declared “sanctions” on four alleged “ambassadors” of the Lebanese Islamic resistance group Hezbollah, citing the movement’s role in pushing back foreign-backed insurgents in Syria as well as its rising influence in West Africa.
The US Treasury Department announced Tuesday that it was imposing what appear to be vague sanctions against the four Lebanese individuals whom it claims are “fundraising and recruiting for Hezbollah” in efforts to expand its influence in West Africa, as well as South America and Middle East, The Los Angeles Times reports Wednesday.
Citing US officials, the report states the four men were acting as Hezbollah “ambassadors” in Sierra Leone, Senegal, Ivory Coast and Gambia.
The daily further quotes US Treasury officials as underlining “the alarming reach of Hezbollah’s activities,” pointing to the Islamic movement’s “growing military role” in the recent triumph of the Syrian Army over foreign-sponsored militant gangs that have waged a destructive war on the country in largely US-led attempts to overthrow the government of President Bashar al-Assad.
The mostly symbolic sanctions, according to the report, “grew out of an investigation of what Treasury said are Hezbollah’s expanding activities abroad, including in South America, the Middle East and Africa.”
The sanctions would supposedly “freeze any assets” the four men “may have in the United States and sever them from any contact with the US financial system.”
However, it is not even clear if and how much the Lebanese individuals, identified as Ali Ibrahim Watfa, Abbas Loutfe Jawaz, Ali Achmad Chehade and Hicham Nmer Khanafer, have under the control of American financial institutions.
The US government has in the past repeatedly “imposed” meaningless sanctions, in the form of freezing funds, against a number of Iranian individuals and officials that have absolutely no ties or holdings in the US or American financial institutions.
The development comes as the American government and some of its allies, including the Saudi Kingdom, have protested the supportive role of Hezbollah forces behind the Syrian Army to flush out mostly al-Qaeda-linked armed gangs that have terrorized the nation with massive weapons supplied to them through Turkey, Jordan and Lebanon by mostly Persian Gulf Arab kingdoms, with US and European blessings.