Ex-FBI counsel implicated in surveillance abuses nominated to crucial federal bench
RT | September 11, 2013
The former top lawyer at the FBI deeply implicated in surveillance abuses revealed before and by Edward Snowden’s leaks was confirmed as a federal judge in a top court for terrorism cases this week.
The US Senate voted 73-24 on Monday in approving Valerie Caproni, Federal Bureau of Investigation general counsel from 2003 to 2011, to the Southern District of New York, one of the country’s most important federal courts for terrorism cases.
Caproni has received bipartisan criticism for allowing and defending surveillance abuses both found to be overbroad during her tenure and those not disclosed when she was counsel but later revealed to be inappropriate or illegal. For example, the Snowden leaks showed Caproni mischaracterized the limits of the Patriot Act during her term.
A 2010 report by the Department of Justice revealed the FBI inappropriately used non-judicial subpoenas called “exigent letters” to gather phone numbers of over 5,550 Americans until 2006.
“The FBI broke the law on telephone records privacy and the general counsel’s office, headed by Valerie Caproni, sanctioned it and must face consequences,” said John Conyers in April 2010 as chairman of the House Judiciary Committee.
Conyers called for Caproni’s firing at the time over the use of the non-judicial subpoenas, according to the Guardian.
“It’s not in the Patriot Act. It never has been. And its use, perhaps coincidentally, began in the same month that Ms Valerie Caproni began her work as general counsel,” Conyers said in 2010.
Caproni told House lawmakers in 2008 if phone numbers — acquired from telephone companies by the FBI via the non-judicial subpoenas evidently sanctioned in the Patriot Act — were not related to a “currently open investigation, and there was no emergency at the time we received the records, the records are removed from our files and destroyed.”
Yet revelations found in documents supplied by Snowden outlined how the National Security Agency stores phone records on all Americans for up five years no matter if they are associated with an open investigation or not. In addition, it’s been found that the NSA has the capability to feed the FBI phone records if there is a “reasonable articulable suspicion” they are related to terrorism.
“Caproni knew that the Bush administration could use or was using the Section 215 provision in the Patriot Act to obtain Americans’ phone records on a broad scale, an issue that has recently been documented by the whistleblower material first printed in the Guardian,” Lisa Graves, a former deputy assistant attorney general who dealt with Caproni while working on national security issues for the ACLU, told the Guardian.
In 2007, DOJ’s Inspector General Glenn Fine found the FBI was serially abusing National Security Letters — a demand regarding national security independent of legal subpoenas– to obtain business records, including “unauthorized collection of telephone or internet email transactional records.” While the larger collection of phone records was still not exposed at the time, Caproni called the inappropriate collection a “colossal failure on our part.”
“Government officials that secretly approved of overbroad surveillance programs the public is only seeing now because of leaks, and whose testimony on the issue obscured rather than revealed these abuses, should be held to account for their actions in a public forum,” former FBI agent Mike German told the Guardian.
Caproni’s nomination to the federal bench had some bipartisan opposition, but not enough to block her appointment.
“She is a woman with impeccable credentials,” Sen. Kirsten Gillibrand (D-N.Y.) said on the Senate floor Monday. “This country needs more women like her.”
NSA, no way! Anti-spying sentiments on the rise amid steady stream of disclosures
RT | September 11, 2013
The National Security Agency isn’t making many friends, apparently: a new poll published this week suggests that a majority of Americans continue to have complaints with the NSA’s surveillance practices amid a myriad of recent disclosures.
According to the results of survey released this week by the Associated Press and the NORC Center for Public Affairs Research, anti-NSA sentiment remains rampant in the United States more than three months after former intelligence contractor Edward Snowden first began disclosing top-secret documents exposing the inner-workings of a vast surveillance apparatus operated by America’s premier spy agency. Meanwhile, concerns regarding those practices are growing amid members of Congress and even independent coalitions.
Polling conducted by the AP and NORC last month and released on Tuesday suggest that 56 percent of Americans surveyed oppose the NSA’s collection of telephone records, and 54 percent said they were against the practices that put Internet metadata into the hands of federal investigators.
A confused poll earlier this year in July by the PEW Research Center found that 44 percent of Americans disapproved of the NSA program, with half of the country not opposing the surveillance methods.
Now only 34 percent — or roughly one-third of those polled — say they are okay with the dragnet collection of metadata, or raw information including information on the sender and recipient, time and location pertaining to emails and phone calls. Additionally, 53 percent of Americans polled from a group of 1,008 adults say the federal government is doing a good job of ensuring freedom, a drop in seven percentage points since 2011. That earlier study concluded that 40 percent of Americans thought the government was doing a good job of protecting privacy, and today that number is down to 34 percent.
The AP poll also concluded that an overwhelming 71 percent of those asked opposed US officials eavesdropping on calls without warrant, and 62 percent said they were against the monitoring of email content.
Results from the latest poll were published on Tuesday, one day before the UK’s Guardian newspaper published the latest top-secret document in a series of classified leaks attributed to Snowden since early June. On Wednesday morning, the Guardian published a NSA memo from 2009 in which it’s revealed how US intelligence officials have shared raw data collected from American persons with Israeli counterparts without domestic agents even analyzing that information before it changes hands.
Commenting to the AP, Trevor Timm of the Electronic Frontier Foundation suggested the recent NSA disclosures undoubtedly have influenced the public’s perception of the US intelligence community and the way it conducts itself.
“For the first time, the public is able to see what’s going on behind closed doors and it’s changing minds,” Timm told the AP.
The EFF, along with the American Civil Liberties Union and more than two dozen other entities, are named as plaintiffs in a collection of lawsuits challenging the Obama administration’s surveillance programs. Attorneys for the EFF are representing plaintiffs in the matter of First Unitarian Church of Los Angeles v. NSA, which grew in size this week when five new organizations signed on to sue the White House. The EFF announced on Tuesday this week that Acorn Active Media, the Charity and Security Network, the National Lawyers Guild, Patient Privacy Rights and The Shalom Center have all signed on to the suit, which attorneys say challenges the government’s surveillance alleged abuse of Section 215 of the Patriot Act to collect bulk telephone metadata — an activity first disclosed on June 5 after Snowden leaked documents to the Guardian and Washington Post.
“The First Amendment guarantees the freedom to associate and express political views as a group,” EFF legal director Cindy Cohn said in a statement. “The NSA undermines that right when it collects, without any particular target, the phone records of innocent Americans and the organizations in which they participate. In order to advocate effectively, these organizations must have the ability to protect the privacy of their employees and members.”
Also signing on in support of NSA reform is US Rep. Darrell Issa (R-California), who only this week announced he’d be seeking changes in the way America conducts surveillance operations. Issa previously voted against a measure proposed by colleague Rep. Justin Amash (R-Michigan) which would have aimed to thwart the NSA’s now-infamous practices, but this week wrote a letter to Congress saying lawmakers on Capitol Hill should debate those policies once again as leaks continue to raise concerns.
“Now that it has been publicly acknowledged that the communications of Americans were included in the NSA’s data collection program, likely violating their Fourth Amendment rights, Congress must respond in a manner that both increases the transparency of the agency’s programs and reinforces the constitutional protections of our citizens,” Issa wrote in a letter first published by Politico.
“We’re very pleased that Chairman Issa supports our amendment,” Amash spokesman Will Adams told US News & World Report. “If the Amash amendment does get taken up by the House and it does pass this fall, it will put pressure on the committees to start passing comprehensive reforms.”
The Amash Amendment would have barred the NSA from using the PATRIOT Act provision at the center of First Unitarian Church of Los Angeles v. NSA to collect the phone records of all Americans. It was defeated in the House last month by a 12 vote margin.
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Another Reason The NSA Needs To Go: It’s Been Doing What It Explicitly Was Told Not To Do
By Mike Masnick | Techdirt | September 10, 2013
One of the key things that people quickly realized after last week’s revelation about the NSA putting backdoors into encryption, was that this was exactly what the federal government had tried to do with the Clipper Chip back in the 90s, and after a public debate, it was rejected. The battle over the Clipper Chip was one of the key legal/tech battles of the 1990s.
And then the NSA went and did it anyway.
Jack Shafer, over at Reuters, points out that there’s this pattern of the NSA not taking no for an answer, discussing the attempts to stop PGP and also the infamous Total Information Awareness program:
Zimmerman and his allies eventually won the PGP showdown, as did privacy advocates in the mid-1990s, defeating the government’s proposal for the “Clipper chip,” which would allow easy surveillance of telephone and computer systems, and again after 9/11, when Congress cut funding for the Defense Department office in charge of the Total Information Awareness (TIA) program, a massive surveillance database containing oceans of vital information about everybody in the United States.
But the journalistic record proves we can’t trust government’s white flag of surrender. In the case of TIA, the government abandoned the program’s name but preserved the operation, as Shane Harris and others reported seven years ago, giving it new code names and concealing it in places like the NSA. The documents Snowden stole from the NSA show the government capturing and analyzing much of what TIA sought in the first place.
Basically, this suggests that even if the NSA is told to stop doing the various things it’s doing, it’s only a matter of time until they do them anyway. One response to this — which many are taking seriously — is to look into re-architecting the internet to see what can be built, ground-up with security in mind, specifically making sure that the NSA can’t weasel its way in.
But there’s a separate issue as well. How do we stop basic government overreach after it’s been made clear that they don’t have a mandate to do what they’re doing? Yes, government officials and NSA defenders like to pretend that they did have a mandate here, and will point to the FISA Court or other aspects to argue that it’s perfectly fine — but when they’re explicitly doing exactly what they were denied a decade or more ago, those arguments ring hollow. But, if they’re allowed to get away with it, without any response, then they’ll never stop. No matter what they’re told not to do, they’ll just keep doing anyway, because what’s the worst that happens? People complain about it?
So it seems that there needs to be a very different system in place — on that involves real oversight, not the pathetic joke that is the Intelligence Committees of both houses of Congress and the FISA Court. And, frankly, it should be over a new organization. It seems clear at this point that you can’t reform the NSA. It’s rotten to its core. Yes, signals intelligence and other intelligence activities can be important and necessary, but it really seems like we need to breakup the NSA, and restructure the whole thing such that it can be built in a manner where there’s actual oversight, rather than having it do whatever it wants and pretending everything is fine any time anyone accuses them of anything.
Legal loophole: US offers no apologies for hacking internet encryption
RT | September 6, 2013
The US Director of National Intelligence has issued a statement in response to a report revealing that the National Security Agency, with help from international allies, secretly inserted backdoors into various encryption and internet security services.
Intelligence agencies in the US and United Kingdom have spent millions to bribe technicians – perhaps even planting agents inside telecommunication companies – in a bid to penetrate the encryption used by hundreds of millions of people to protect their privacy online.
The report detailing the intelligence agency’s efforts was published Thursday by The Guardian, and is the latest result of the leaks from former NSA contractor Edward Snowden.
The office of James Clapper, director of US national intelligence, has responded by saying the government would simply not be doing its job if it did not use legally dubious techniques to quietly monitor Americans’ everyday communications.
“It should hardly be a surprise that our intelligence agencies seek ways to counteract our adversaries’ use of encryption,” read the statement issued Friday. “Throughout history, nations have used encryption to protect their secrets, and today, terrorists, cyber-criminals, human traffickers and others also use code to hide their activities.”
Close readers may focus their attention on the statement’s mention of “and others,” a loophole that conceivably writes the government a blank check to spy on anyone it sees fit.
“I am the other because I do not trust my government in general, or the people working for its security apparatus in particular,” wrote Ken White of the Popehat law and civil liberties blog.
“I am the other because I believe the security state and its representatives habitually lie, both directly and by misleading language, about the scope of their spying on us. I believe they feel entitled to do so,” he adds.
Among the representatives of the so-called “security state” is US President Barack Obama, who again drew the ire of civil liberty advocates this week when he appeared to admit that he lacks the knowledge of what exactly the NSA is doing.
Obama participated in a press conference at the G20 summit in which he was questioned about accusations from Brazil and Mexico that the NSA has spied on their heads of state.
“I mean, part of the problem here is we get these through the press and then I’ve got to go back and find out what’s going on with respect to these particular allegations,” said President Obama in St. Petersburg. “I don’t subscribe to all these newspapers, although I think the NSA does, now at least.”
Obama took time out of his G20 schedule to hold a closed doors session with Brazil’s President Rousseff for nearly 30 minutes on Thursday, to address the country’s outrage at allegations that her communications with top members of her government had been intercepted.
Related article
Rousseff yet to decide on US visit
Press TV – September 7, 2013
Brazil’s President Dilma Rousseff says she will decide on whether to call off her visit to the United States over allegations of Washington’s spying on her based on President Barack Obama’s full response.
On Friday, Obama said that his administration would work with the Brazilian and Mexican governments to resolve tensions over allegations of spying.
Obama met separately with Rousseff and Mexican President Enrique Pena Nieto on the sidelines of G20 international economic summit in the Russian city of St. Petersburg and discussed reports that the US National Security Agency (NSA) spied on their personal communications.
Earlier on Friday, Rousseff indicated she was not completely content with Obama’s assurances that the alleged spying on her communications by the NAS would be looked into during their meeting late on Thursday.
Rousseff added that the US president had agreed to provide a fuller explanation for the reported spying by September 11, and that she would decide whether or not to visit the US next month based in part on his response.
“My trip to Washington depends on the political conditions to be created by President Obama,” Rousseff told reporters on Friday.
Brazil’s TV Globo reported on September 1 that the NSA spied on emails, phone calls and text messages of Rousseff as president and Pena Nieto when he was a candidate.
The report was based on documents released by US surveillance whistleblower Edward Snowden, a former NSA contractor.
Angered by the report, Rousseff and her government have asked for a more complete explanation of the alleged spying.
Brazil argues that counterterrorism or cybersecurity concerns did not sufficiently explain why the NSA would spy on Rousseff’s communications.
The Brazilian government has already canceled a trip by an advance team to prepare for Rousseff’s next month visit to Washington.
Rousseff is scheduled to visit the White House in late October to meet Obama and discuss a possible 4-billion-dollar jet fighter deal, cooperation on oil and biofuels technology between the two biggest economies in the Americas, as well as other commercial projects.
Related article
Desperate To Sew Up TPP Negotiations At Any Cost, Politicians Agree All Future Meetings Will Be Completely Secret
By Glyn Moody | Techdirt | September 3, 2013
We’ve been reporting for several years about the extraordinary levels of secrecy surrounding the TPP negotiations, where little information was released about what was going on, and there were few opportunities for representatives of civic and other groups to meet with negotiators to present their point of view. More recently, there have been some indications that this lack of transparency is fuelling increasing discontent among some of the participating nations.
In order to get the trade deal sewn up by the end of this year, and before resistance spreads further, the negotiators have decided to hold ‘inter-sessional’ meetings for the remaining unresolved areas. But as this article from Scoop explains, these won’t be like routine TPP meetings, with their routinely unhelpful levels of opacity:
Detective work indicates that informal ‘inter-sessional’ meetings on six chapters are scheduled within the next four weeks — all in North America.
‘ “Inter-sessional” is a misnomer’, says Professor Kelsey, ‘because they are not planning any more formal sessions. There will be no access for the media or stakeholders to these smaller meetings.’
‘Past inter-sessionals have been shrouded in secrecy to ensure we can’t find out what’s happening and we don’t have access to those negotiators who see value in talking with us.’
‘The last three years of the TPPA have been widely condemned for their lack of transparency. The process is now going further underground’.
That is, rather than opening up TPP in response to widening criticisms, its negotiators will now be meeting in complete secret, presumably until they emerge with some kind of a deal, however bad. Since no information will be released about those gatherings behind closed doors, and there will be no opportunities to convey concerns to the participants, the public in whose name all these talks are taking place will have no way of knowing what is going on or of offering its views. It’s the ultimate in arrogant, “we know best” negotiations where citizens are expected to accept what is given, no discussion allowed.
The last time this approach was used on this scale was for ACTA, which was ultimately rejected, largely because the European public took to the streets to express its outrage at the contempt being shown towards it by the negotiators. Interestingly, in Colombia people are already taking to the streets to protest against the effects of free trade agreements with the US, Europe and Canada, at least in part. Do the governments participating in the now-secret TPP negotiations really want to risk the same happening in their own countries?
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Brazil to probe telecom companies implicated in NSA spying
RT | September 4, 2013
Brazil will probe telecommunications companies to see if they illegally shared data with the NSA after it was found the US had been spying on President Rousseff. Brazil’s government has accused the US of lying about the NSA’s activities in the country.
In response to the revelations, Brazilian President Dilma Rousseff called an emergency meeting of ministers. Following the meeting the government called on the National Telecommunications Agency (Anatel) to carry out checks on telecom companies based in Brazil to see if they collaborated with the NSA.
The Brazilian government denounced the NSA’s activities as “impermissible and unacceptable” and a violation of Brazilian sovereignty.
“[The US has] not given any reasonable explanations. In fact, all the explanations that have been given so far are false,” said Minister of Communications Paulo Bernardo.
The American ambassador to Brazil, Thomas Shannon, was summoned by the government to account for the reports of NSA snooping on Tuesday. He claimed the NSA does not monitor communications on Brazilian territory or collaborate with telecommunications companies.
Citing data leaked by Edward Snowden, Guardian journalist Glenn Greenwald revealed on Sunday that the NSA had been monitoring both the Brazilian and Mexican presidents.
“It is clear in several ways that [Rousseff’s] communications were intercepted, including the use of DNI Presenter, which is a program used by NSA to open and read emails and online chats,” Greenwald told AP in an email.
Brazilian-US relations on rocks
In the wake of the new scandal Brazilian media is speculating whether the spy revelations will lead to a knee-jerk reaction from the Brazilian government and the cancelation of Dilma’s October visit to the States.
Citing a presidential spokesperson, Globo reporter Gerson Camarotti wrote that if a “satisfactory explanation” is not given by the Americans then Dilma “will not rule out canceling the visit.”
“There has to be a convincing explanation. If this doesn’t happen, the situation will become extremely delicate,” said the spokesperson.
US relations with Brazil have worsened considerably as a result of Edward Snowden’s leaks regarding the NSA’s massive spy network. Back in August, UK authorities detained Brazilian citizen David Miranda in a London airport over suspicions he was carrying leaked NSA data on behalf of his partner Glen Greenwald. UK law enforcement held Miranda for nine hours under the terrorist act and confiscated electronic equipment.
Brazil called Miranda’s detention without charges unjustifiable and called on the UK authorities to account for the move. Meanwhile Brazilian lawmakers have called for police protection for Greenwald and his partner.
Related articles
- BRICS to discuss US spying on Rousseff: Brazil (thebricspost.com)
- Brazilian Senate to probe NSA spying reports (thebricspost.com)
- Brazilian lawmakers call for police protection of Glenn Greenwald and his partner (rt.com)
Federal investigation finds no merit in claims of ‘anti-Semitism’ at California universities
IMEMC Staff Report | September 2, 2013
After pro-Palestinian groups at several schools within the University of California system were accused of ‘anti-Semitism’, the U.S. Department of Education launched an investigation. This past week, they released the findings of their months-long investigation, announcing that the accusations of anti-Semitism were without merit, and that the accusations may have been attempts to stifle free speech on campus.
In response, the Center for Constitutional Rights issued the following statement:
Civil rights organizations this week welcomed news that the Department of Education’s (DOE) Office for Civil Rights (OCR) has closed three investigations against three University of California schools, at Berkeley, Santa Cruz, and Irvine, which falsely alleged that Palestinian rights activism created an anti-Semitic climate. The complaints underlying the investigation claimed that student protests and academic programing in support of Palestinian rights and critical of Israel “created a hostile environment for Jewish students.”
“The organized legal bullying campaigns have failed,” said attorney Nasrina Bargzie, of Advancing Justice-Asian Law Caucus (ALC), who alongside attorneys from Council on American-Islamic Relations (CAIR), the Center for Constitutional Rights (CCR) and the National Lawyers Guild (NLG) advocated for the students whose activism was scrutinized in the investigations.
“OCR’s decision in these cases confirms the obvious – that political activity advocating for Palestinian human rights does not violate the civil rights of Jewish students who find such criticism offensive, and that, to the contrary, colleges and universities have an obligation to create an environment that supports freedom of expression.” said Bargzie.
In its letter to UC Berkeley, OCR officials stated that student demonstrations in support of Palestinian rights “constituted expression on matters of public concern directed to the university community. In the university environment, exposure to such robust and discordant expressions, even when personally offensive and hurtful, is a circumstance that a reasonable student in higher education may experience. In this context, the events that the complainants described do not constitute actionable harassment.”
“We speak out on campus about matters of fundamental human rights. Students at institutions that are all about learning deserve to be part of robust discussion about one of the most pressing human rights issues of our time,” said Taliah Mirmalek, a student at UC Berkeley and a member of Students for Justice in Palestine.
The Berkeley complaint was filed in July 2012 by two attorneys who had previously filed an unsuccessful federal lawsuit on similar grounds. The Berkeley investigation was the latest of the three to be open; the Santa Cruz investigation was opened in March 2011, and the Irvine investigation in 2007.
A number of legal and advocacy groups, including Advancing Justice – ALC, CAIR, CCR, NLG, the American-Arab Anti-Discrimination Committee, American Muslims for Palestine, the Arab American Institute, and American Civil Liberties Union of Northern California have worked to challenge the misuse of civil rights law to intimidate students and dissuade them from advocating for Palestinian rights on campus.
“Students have faced a pervasive stigma that at times negatively impacted our ability to fundraise and hold events on campus, and even intimidated some of our peers into silence,” said Rebecca Pierce, a recent graduate of UC Santa Cruz and member of the Committee for Justice in Palestine. “However, we feel vindicated that the DOE has rejected this attack on our freedom of expression, and we will continue to advocate in accordance with our values regarding human rights and social justice.”
“The First Amendment unequivocally protects the activities that were targeted in these complaints – holding demonstrations, distributing flyers, street theatre – criticizing the governmental policy of the State of Israel and supporting Palestinian human rights. It is long past time that students engaging in First Amendment activities are able to do so without fear,” said Liz Jackson, Cooperating Counsel with CCR, who also worked with the targeted students. “While there continue to be threats of Title VI complaints against other universities, we are confident that OCR recognizes these claims as attempts to silence certain speech on Israel/Palestine, and do not present viable claims of discrimination against Jewish students,” said Jackson.
Victory! Federal Court Recognizes Constitutional Rights of Americans on the No-Fly List
By Nusrat Choudhury | ACLU | August 29, 2013
A federal court took a critically important step late yesterday towards placing a check on the government’s secretive No-Fly List. In a 38-page ruling in Latif v. Holder, the ACLU’s challenge to the No-Fly List, U.S. District Court Judge Anna Brown recognized that the Constitution applies when the government bans Americans from the skies. She also asked for more information about the current process for getting off the list, to inform her decision on whether that procedure violates the Fifth Amendment guarantee of due process.
We represent 13 Americans, including four military veterans, who are blacklisted from flying. At oral argument in June on motions for partial summary judgment, we asked the court to find that the government violated our clients’ Fifth Amendment right to due process by barring them from flying over U.S. airspace – and smearing them as suspected terrorists – without giving them any after-the-fact explanation or a hearing at which to clear their names.
The court’s opinion recognizes – for the first time – that inclusion on the No-Fly List is a draconian sanction that severely impacts peoples’ constitutionally-protected liberties. It rejected the government’s argument that No-Fly list placement was merely a restriction on the most “convenient” means of international travel.
Such an argument ignores the numerous reasons an individual may have for wanting or needing to travel overseas quickly such as for the birth of a child, the death of a loved one, a business opportunity, or a religious obligation.
According to the court, placement on the No-Fly List is like the revocation of a passport because both actions severely burden the right to international travel and give rise to a constitutional right to procedural due process:
Here it is undisputed that inclusion on the No-Fly List completely bans listed persons from boarding commercial flights to or from the United States or over United States air space. Thus, Plaintiffs have shown their placement on the No-Fly List has in the past and will in the future severely restrict Plaintiffs’ ability to travel internationally. Moreover, the realistic implications of being on the No-Fly List are potentially far-reaching. For example, TSC [the Terrorist Screening Center] shares watchlist information with 22 foreign governments and United States Customs and Boarder [sic] Protection makes recommendations to ship captains as to whether a passenger poses a risk to transportation security, which can result in further interference with an individual’s ability to travel as evidenced by some Plaintiffs’ experiences as they attempted to travel abroad by boat and land and were either turned away or completed their journey only after an extraordinary amount of time, expense, and difficulty. Accordingly, the Court concludes on this record that Plaintiffs have a constitutionally-protected liberty interest in traveling internationally by air, which is affected by being placed on the list.
The court also found that the government’s inclusion of our clients on the No-Fly List smeared them as suspected terrorists and altered their ability to lawfully board planes, resulting in injury to another constitutionally-protected right: freedom from reputational harm.
The importance of these rulings is clear. Because inclusion on the No-Fly List harms our clients’ liberty interests in travel and reputation, due process requires the government to provide them an explanation and a hearing to correct the mistakes that led to their inclusion. But under the government’s “Glomar” policy, it refuses to provide any information confirming or denying that our clients are on the list, let alone an after-the-fact explanation and hearing.
The court has asked the ACLU and the government for more information about the No-Fly List redress procedure to help it decide the ultimate question of whether that system violates the Fifth Amendment right to due process. We are confident the court will recognize that the government’s “Glomar” policy of refusing even to confirm or deny our clients’ No-Fly List status (much less actually providing the reasons for their inclusion in the list) is fundamentally unfair and unconstitutional.
Honduras: Congress Resurrects Military Police Force
Weekly News Update on the Americas | August 25, 2013
Honduras’ National Congress voted on Aug. 21 to approve a law creating the Military Police of Public Order (PMOP), a new 5,000-member police unit composed of army reservists under the control of the military. This will be in addition to a 4,500-member “community police” force that the government is forming, according to an Aug. 12 announcement by Security Minister Arturo Corrales. Although he called the move a “change of course,” Corrales failed to explain the difference between the community police, which is to be operative by September, and the existing national police force.
The government’s plan to raise the number of police agents by 9,500 is clearly meant to respond to the dramatic increase in crime in Honduras; according to the United Nations, the country now has an annual murder rate of 84 for every 100,000 people, the highest in the world. Police corruption is a major problem, and police agents have been convicted of high-profile crimes [see Update #1187]. The current police force had 14,472 agents on the payroll as of May, but in a new police scandal, only 9,350 agents could be found at work during July.
The police changes come as candidates prepare for Nov. 24 general elections, which will choose a new president, the 128 members of Congress, the 20 representatives to the Central American Parliament (PARLACEN), and local mayors [Update #1162]. The main force behind the new military police is Juan Orlando Hernández, who has resigned from his post as president of the National Congress to run as the presidential candidate of the center-right National Party (PN)—the party of current president Porfirio (“Pepe”) Lobo Sosa, who has governed Honduras since January 2010 without being able to contain the crime wave.
Human rights activists strongly oppose the proposed military police unit. “In no part of the world have the soldiers resolved security problems,” Omar Rivera, who directs the Alliance for Peace and Justice (APJ), a coalition of civil society, organizations, told the French wire service AFP. He added that a serious fight against crime would require a fight against impunity. Bertha Oliva, the coordinator of the Committee of Relatives of Disappeared Detainees in Honduras (COFADEH), called the creation of the new force “a step backwards in the demilitarization of society and the democratization of the country.” “The soldiers in the streets have only left more death and mourning, because they aren’t prepared for being guarantors of security,” she said. The national police were removed from the military and put under civilian control in 1997. Death squads operated by the military and the police were implicated in the killings of 184 government opponents in the 1980s.
Critics also asked how the government would be able to pay for two new police units that would double the current number of active agents. José Simón Azcona, a legislative deputy from the centrist Liberal Party (PL) who supported the measure, suggested that the US would pay. The US government “offered collaboration… under the previous administration” for the conversion of four military battalions into police units, he said. (It is unclear whether he was referring to a previous administration in Honduras or in the US.) (El Nuevo Diario (Nicaragua) 8/12/13 from ACAN-EFE; Honduras Culture and Politics 8/22/13; El Heraldo (Tegucigalpa) 8/22/13; La Nación (Costa Rica) 8/23/13 from AFP, EFE; Prensa Latina 8/24/13)
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- Honduras: Expanding Palm Oil Empires In The Name Of ‘Green Energy’ And “Sustainable Development” (alethonews.wordpress.com)
- Honduras: Army Kills Indigenous Leader at Dam Protest (alethonews.wordpress.com)
- Honduran Union Leader Faces Death Threats (alethonews.wordpress.com)
Egyptian media outlet condemns government intimidation
MEMO | August 26, 2013
The Cairo-based Rassd News Network has condemned the latest intimidation by the coup government which has seen the killing and arbitrary arrests of journalists, including of five of its own correspondents. The network’s Executive Director, Samihi Mustafa, and founding member Dr Abdullah Al-Fakharani are among those detained by the authorities since the start of the bloody campaign against anti-coup demonstrators.
According to Rassd, neither Al-Fakharani nor Mustafa, the father of a new-born boy, were armed when they were arrested. “They were only armed with the truth about what is going on out there,” said a spokesperson. “Professional journalists are attempting to break the media blackout imposed by the coup authorities and government-controlled media on what is happening in Egypt.” Freedom of expression, it was pointed out, is a basic human right.
Describing a “savage and vengeful” campaign of arrests, the spokesperson said that the government is targeting Rassd journalists after killing photographer Musaab Al-Shami while he was covering the violent assault on Rabaa Al-Adawiyya Square. He was shot in the head and chest by soldiers. Rassd correspondents Mahmoud Abdul-Nabi and his brother Ibrahim, both professional journalists, were arrested in Alexandria at the start of the coup. Both men are on hunger strike in protest at the conditions under which they are being held by the authorities.
Rassd not only condemned the killing, arrest and harassment of its staff but also holds the Egyptian coup government fully responsible for the safety and well-being of those in detention. It demanded their immediate release.
“We will not give up in our efforts to protect human rights and the right of journalists to carry out their work unimpeded by the brutal acts of the security forces,” said the Rassd spokesperson. “We will use all legal means to defend them and to hold accountable those responsible for their illegal detention.”
The network insists that it remains committed to the professional ethics of journalism, including accuracy, balance, independence and integrity, to convey the truth as it is without any bias or distortion. Rassd appealed to all colleagues in the profession, international press associations and human rights organisations to stand by all detained journalists, to press for their release, and to ensure their right to work without threats or harassment.
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From the Archives
Israel: Strategic Ally or Liability?
By Stephen Sniegoski | My Catbird Seat | June 12, 2010
The claim that Israel serves as a valuable ally for the United States is made by both pro-Zionists and much of the anti-war and anti-Zionist Left that is influenced by Noam Chomsky. As a result of the Gaza flotilla massacre, which has caused a world-wide uproar against Israel, the value of Israel to the United States is being publicly questioned in more mainstream foreign policy forums. … continue
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