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Obama Admin’s TPP Trade Officials Received Hefty Bonuses From Big Banks

By Lee Fang | Republic Report | February 18, 2014

Officials tapped by the Obama administration to lead the Trans-Pacific Partnership trade negotiations have received multimillion dollar bonuses from CitiGroup and Bank of America, financial disclosures obtained by Republic Report show.

Stefan Selig, a Bank of America investment banker nominated to become the Under Secretary for International Trade at the Department of Commerce, received more than $9 million in bonus pay as he was nominated to join the administration in November. The bonus pay came in addition to the $5.1 million in incentive pay awarded to Selig last year.

Michael Froman, the current U.S. Trade Representative, received over $4 million as part of multiple exit payments when he left CitiGroup to join the Obama administration. Froman told Senate Finance Committee members last summer that he donated approximately 75 percent of the $2.25 million bonus he received for his work in 2008 to charity. CitiGroup also gave Froman a $2 million payment in connection to his holdings in two investment funds, which was awarded “in recognition of [Froman’s] service to Citi in various capacities since 1999.”

Many large corporations with a strong incentive to influence public policy award bonuses and other incentive pay to executives if they take jobs within the government. CitiGroup, for instance, provides an executive contract that awards additional retirement pay upon leaving to take a “full time high level position with the U.S. government or regulatory body.” Goldman Sachs, Morgan Stanley, JPMorgan Chase, the Blackstone Group, Fannie Mae, Northern Trust, and Northrop Grumman are among the other firms that offer financial rewards upon retirement for government service.

Froman joined the administration in 2009. Selig is currently awaiting Senate confirmation before he can take his post, which collaborates with the trade officials to support the TPP.

The controversial TPP trade deal has rankled activists for containing provisions that would newly empower corporations to sue governments in ad hoc arbitration tribunals to demand compensation from governments for laws and regulations they claim undermine their business interests. Leaked TPP negotiation documents show the Obama administration is seeking to prevent foreign governments from issuing a broad variety of financial rules designed to stem another bank crisis.

A leaked text of the TPP’s investment chapter shows that the pact would include the controversial investor-state dispute resolution system. A fact-sheet provided by Public Citizen explains how multi-national corporations may use the TPP deal to skirt domestic courts and local laws. The arrangement would allows corporations to go after governments before foreign tribunals to demand compensations for tobacco, prescription drug and environment protections that they claim would undermine their expected future profits. Last year, Senator Elizabeth Warren warned that trade agreements such as the TPP provide “a chance for these banks to get something done quietly out of sight that they could not accomplish in a public place with the cameras rolling and the lights on.”

Others have raised similar alarm.

“Not only do US treaties mandate that all forms of finance move across borders freely and without delay, but deals such as the TPP would allow private investors to directly file claims against governments that regulate them, as opposed to a WTO-like system where nation states (ie the regulators) decide whether claims are brought,” notes Boston University associate professor Kevin Gallagher.

February 18, 2014 Posted by | Corruption, Economics, Progressive Hypocrite | , , , , , , , , | Leave a comment

US Working Overtime Behind The Scenes To Kill UN Plan To Protect Online Privacy From Snooping

By Mike Masnick | Techdirt | November 21, 2013

The UN has apparently been considering a proposal pushed by Brazil and Germany, to clarify that basic offline rights to privacy should apply to online information and activities as well. The proposal is targeted at attempts by governments — mainly the US — to ignore privacy issues in spying on people around the globe. Not surprisingly, the US is (quietly) working hard to stop this plan. Colum Lynch at Foreign Policy has the scoop, noting that publicly, the US is pretending to support this in some form:

But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that “extraterritorial surveillance” and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.

In recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, “Right to Privacy in the Digital Age — U.S. Redlines.” It calls for changing the Brazilian and German text so “that references to privacy rights are referring explicitly to States’ obligations under ICCPR and remove suggestion that such obligations apply extraterritorially.” In other words: America wants to make sure it preserves the right to spy overseas.

The U.S. paper also calls on governments to promote amendments that would weaken Brazil’s and Germany’s contention that some “highly intrusive” acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance — which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It’s authorized by U.S. statute, overseen by Congress, and approved by American courts.

While none of this creates any binding requirements, it does put tremendous pressure on countries to comply — and could lead to more specific language in various treaties and other agreements as well. It also allows other countries to stand firmly on the moral high ground that the US pretends to stand on, in order to scold the US for its activities.

The US, of course, likes to pretend that it needs to violate everyone’s privacy to catch a few bad guys. There is little reason to suggest this is true. Nothing in the proposal appears to stop legitimate law enforcement, espionage and surveillance efforts, targeted at actual people involved in criminal or terrorist activity. The issue is scooping up everyone’s data “just because.” That’s not what US negotiators are saying, obviously. Instead, they argue they need to scoop up everyone’s data to make the world safer by going after “international terrorists.”

The US’s stance here is fairly obvious. It wants to pretend to retain the moral high ground on this issue, and the way to do that is to try to stop the rest of the world from pointing out that it’s been on the low road for quite some time. But trying to redraw the map doesn’t change the reality.

November 21, 2013 Posted by | Civil Liberties, Corruption, Full Spectrum Dominance, Progressive Hypocrite | , , , , | Comments Off on US Working Overtime Behind The Scenes To Kill UN Plan To Protect Online Privacy From Snooping

Report: Fewer than 50K have signed up at

By Elise Viebeck | The Hill | November 11, 2013

Fewer than 50,000 people have successfully purchased private healthcare coverage using the struggling ObamaCare enrollment site, according to a report.

The figure represents about one-tenth of an initial enrollment target from the Obama administration that has been referred to by Republican lawmakers.

The report by the Wall Street Journal, citing two people familiar with the matter, comes as federal health officials prepare to release official sign-up figures from for the first time later this week.

The administration has sought to lower expectations about the number, noting problems with and consumers’ tendency to purchase health coverage close to deadlines.

Health insurance companies serving the federal marketplaces have received data for between 40,000 and 50,000 enrollees, sources told the Journal.

The administration had hoped to sign up 500,000 people in the month of October, according to documents cited by House Ways and Means Committee Chairman Dave Camp (Mich.), a Republican.

Monday’s release was part of a flurry of estimates shedding light on aspects of ObamaCare enrollment.

Consulting firm Avalere Health reported that about 50,000 people had signed up for either private plans or Medicaid on 12 state-run marketplaces.

The administration and healthcare experts caution that early lags in enrollment can be rectified by big waves later on.

“Enrollment in new programs begins slowly and often takes several months to build momentum,” said Avalere CEO Dan Mendelson in a statement.

“While initial enrollment has been lagging, with aggressive marketing, there is still time for awareness of the program to grow and participation to begin.”

The Health and Human Services (HHS) Department said it could not confirm the Journal’s numbers.

“We have always anticipated that initial enrollment numbers would be low and increase over time,” said HHS spokeswoman Joanne Peters in a statement, citing Massachusetts’ experience with its healthcare reform law.

“As we have said, the problems with the website will cause the numbers to be lower than initially anticipated.”

November 12, 2013 Posted by | Economics, Progressive Hypocrite | , , | 2 Comments

UN Agreement Reached on Syria; Obama Warhawks Defeated on Every Count

Ron Paul Institute | September 26, 2013

In a stunning blow to the “humanitarian interventionists” of the Obama administration and another boost for Russian diplomatic efforts, the five permanent Members of the UN Security Council appear to have agreed to a resolution governing the destruction of Syria’s chemical weapons that rejects each point the US administration not long ago deemed essential to such an agreement.

Secretary of State John Kerry as recently as last week “insisted” that any UN resolution dealing with Syrian chemical disarmament must be filed under Chapter 7 of the UN charter, which provides for the use of force if the agreement is not satisfactorily implemented. Russia, which had been tricked by the Obama administration over its Chapter 7 demands on Libya that ended in a disastrous war, refused to fall again for the ruse. Even as Kerry lied last week to the US media that Russian Foreign Minister Lavrov had agreed to a Chapter 7 resolution, the Russians denied Kerry’s claims. Now we see that Chapter 7 is dead in the water.

Earlier this week, President Obama held firm to his position that the Syrian government was responsible for the Sarin gas attack near Damascus on August 21. Said Obama:

“on August 21st, the [Syrian] regime used chemical weapons in an attack that killed more than 1,000 people, including hundreds of children.”

The administration has yet to offer proof of its claims, and a highly skeptical US population and US Congress categorically rejected earlier this month the administration’s request to go to war over these unproven claims. It seems Iraq was not that long ago after all.

The Russians continue to maintain that not only is there no evidence that the Syrian government carried out the attacks, there is plenty of evidence from a multiplicity of sources that the rebels in fact carried out the vicious act. And indeed careful analysis of the videos released by the US government to “prove” Syrian government responsibility appear to have been manipulated.

Whatever the case, most of the world believed the Russian position. As a result, the agreed-upon UN Security Council resolution contains no language ascribing blame to the Syrian government for the August 21 gas attacks. Defeat.

Obama’s warmongering “humanitarians” were desperate to save face, with US Ambassador to the UN Samantha Power Tweeting that the resolution was “legally obligating Syria to give up CW they used on their people.” This was more rhetorical flourish and wishful thinking than a slam dunk, as “legally binding” is virtually meaningless at the UN.

Ambassador Power further covered up her defeat by obfuscating the fact that the UNSC resolution had no force to back it up. “Wrapping up meeting of UNSC which is finally ready to impose measures under Chapter VII if Syria does not comply,” she Tweeted.

Ah, but there is no Chapter 7 language in the resolution. That would require a completely new and separate resolution and would require a positive Russian and Chinese response. Power is working herself into a lather over not much more than thin air. It must be frustrating.

The defeat of the Obama administration hawks in the UN and the victory of the Russian position should not be misinterpreted, however. Those interested in peace should view it as a positive sign that armed American exceptionalism cannot without check export destruction willy-nilly where it wishes. More than a victory for Russian diplomacy, it is a victory for the American people and for the emerging super-coalition of progressives, conservatives, and libertarians against aggressive war overseas and resulting poverty back home. And a victory for every reader of this website devoted to peace and prosperity. Perhaps we might even get lucky and see the repeatedly defeated and out-maneuvered Samantha Power, Susan Rice, and John Kerry sent packing along with their war-mad underlings like Ben Rhodes and Tony Blinken.

September 30, 2013 Posted by | Mainstream Media, Warmongering, Militarism, Progressive Hypocrite | , , , , | Comments Off on UN Agreement Reached on Syria; Obama Warhawks Defeated on Every Count

Court rules White House visitor logs can remain secret

By Julian Hattem – The Hill – 08/30/13

A federal appeals court has ruled that the White House can keep secret some records of visitors who enter the building.

In a unanimous decision on Friday, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled that visitor logs for the Office of the President, at the center of the White House, are not subject to disclosure under the Freedom of Information Act (FOIA).

Anti-secrecy organizations criticized the ruling as a barrier to public oversight.

“Decisions like this turn FOIA from a transparency law into a secrecy law,” Tom Fitton, president of the right-leaning Judicial Watch, told The Hill. He added that the decision was “unprecedented.”

Records for other offices on the White House complex, however, such as the Office of Management and Budget and the Council on Environmental Quality, are subject to public disclosure requests, the court ruled.

The appeals court ruling overturns a district court case brought by Judicial Watch, which sued the Secret Service in 2009 for not releasing seven months’ worth of visitor logs.

The dispute centered on whether the visitor logs amounted to “agency records,” which FOIA requires to be accessible to public requests, except in certain circumstances.

Judge Merrick Garland wrote in the court’s opinion that classifying White House visitor logs as “agency records” could “substantially affect the President’s ability to meet confidentially with foreign leaders, agency officials, or members of the public. And that could render FOIA a potentially serious congressional intrusion into the conduct of the President’s daily operations.”

He added, “Congress did make clear that it intended to place documents like the President’s appointment calendar beyond the reach of FOIA.”

Transparency advocates worried about the precedent that would be set by the decision.

“White House visitor records have proven of enormous value to the public in exposing the outside influences brought to bear on presidential decisions and policies,” said Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington, which joined the case. “With this ruling, that window on the White House is now shut.”

The Obama administration has voluntary released its logs of White House visitors, but even those have been a point of contention. The records lack additional identifying details beyond a visitor’s name, can often include typos and may include names of people cleared to enter the building who never actually showed up.

Fitton said that Judicial Watch was “strongly considering” appealing the ruling.

“The option of doing nothing is unlikely,” he said.

Follow us: @thehill on Twitter | TheHill on Facebook

September 1, 2013 Posted by | Corruption, Progressive Hypocrite | , , , , | 1 Comment

Jennifer Hoelzer’s Insider’s View Of The Administration’s Response To NSA Surveillance Leaks

By Jennifer Hoelzer | Techdirt | August 10, 2013

In a bit of fortuitous timing, this week we had asked former deputy chief of staff for Ron Wyden, Jennifer Hoelzer, to do our weekly “Techdirt Favorites of the Week” post, in which we have someone from the wider Techdirt community tell us what their favorite posts on the site were. As you’ll see below, Hoelzer has a unique and important perspective on this whole debate concerning NSA surveillance, and given the stories that came out late Friday, she chose to ditch her original post on favorites and rewrite the whole thing from scratch last night (and into this morning). Given that, it’s much, much more than a typical “favorites of the week” post, and thus we’ve adjusted the title appropriately. I hope you’ll read through this in its entirety for a perspective on what’s happening that not many have.

Tim Cushing made one of my favorite points of the week in his Tuesday post “Former NSA Boss Calls Snowden’s Supporters Internet Shut-ins; Equates Transparency Activists With Al-Qaeda,” when he explained that “some of the most ardent defenders of our nation’s surveillance programs” — much like proponents of overreaching cyber-legislation, like SOPA — have a habit of “belittling” their opponents as a loose confederation of basement-dwelling loners.” I think it’s worth pointing out that General Hayden’s actual rhetoric is even more inflammatory than Cushing’s. Not only did the former NSA director call us “nihilists, anarchists, activists, Lulzsec, Anonymous, twenty-somethings who haven’t talked to the opposite sex in five or six years,” he equates transparency groups like the ACLU with al Qaeda.

I appreciated this post for two reasons:

First of all, it does a great job of illustrating a point that I’ve long made when asked for advice on communicating tech issues, which is that the online community is as diverse and varied as the larger world we live in. Of course, we are more likely to come across the marginal opinions of twenty-somethings with social anxiety online because, unlike the larger world, the Internet gives those twenty-somethings just as much of an opportunity to be heard as a Harvard scholar, a dissident protesting for democracy or General Hayden himself.

Sure, it can be infuriating to read scathingly hostile comments written by troubled individuals who clearly didn’t take the time to read the post you spent countless hours carefully writing (not that that has ever happened to me) but isn’t one of the things that makes the Internet so darn special its unwavering reminder that free speech includes speech we don’t appreciate? Of course, that’s a point that tends to get lost on folks — like General Hayden — who don’t seem to understand that equating the entirety of the online world with terrorists is a lot like posting a scathing comment to a story without reading it. You can’t expect someone to treat you or your opinion with respect — online or anywhere else — when you’re being disrespectful. And I can imagine no greater disrespect for the concepts of transparency and oversight than to equate them with the threats posed by terrorist groups like al Qaeda.

But my main reason for singling out Tim’s post this week is that Hayden’s remark goes to the heart of what I continue to find most offensive about the Administration’s handling of the NSA surveillance programs, which is their repeated insinuation that anyone who raises concerns about national security programs doesn’t care about national security. As Tim explains this “attitude fosters the “us vs. them” antagonism so prevalent in these agencies dealings with the public. The NSA (along with the FBI, DEA and CIA) continually declares the law is on its side and portrays its opponents as ridiculous dreamers who believe safety doesn’t come with a price.”

To understand why I find this remark so offensive, I should probably tell you a little about myself. While the most identifying aspect of my resume is probably the six years I spent as U.S. Senator Ron Wyden’s communications director and later deputy chief of staff, I started college at the U.S. Naval Academy and spent two years interning for the National Security Council. I had a Top Secret SCI clearance when I was 21 years old and had it not been for an unusual confluence of events nearly 15 years ago — including a chance conversation with a patron of the bar I tended in college — I might be working for the NSA today. I care very deeply about national security. Moreover — and this is what the Obama Administration and other proponents of these programs fail to understand — I was angry at the Administration for its handling of these programs long before I knew what the NSA was doing. That had a lot to do with the other thing you should probably know about me: during my tenure in Wyden’s office, I probably spent in upwards of 1,000 hours trying to help my boss raise concerns about programs that he couldn’t even tell me about.

Which brings me to my next favorite Techdirt post of the week, Mike’s Friday post entitled “Don’t Insult Our Intelligence, Mr. President: This Debate Wouldn’t Be Happening Without Ed Snowden,” which is a much less profane way of summing up my feelings about the President’s “claim that he had already started this process prior to the Ed Snowden leaks and that it’s likely we would [have] ended up in the same place” without Snowden’s disclosure.

“What makes us different from other countries is not simply our ability to secure our nation,” Obama said. “It’s the way we do it, with open debate and democratic process.”

I hope you won’t mind if I take a moment to respond to that.

Really, Mr. President? Do you really expect me to believe that you give a damn about open debate and the democratic process? Because it seems to me if your Administration was really committed to those things, your Administration wouldn’t have blocked every effort to have an open debate on these issues each time the laws that your Administration claims authorize these programs came up for reauthorization, which — correct me if I am wrong — is when the democratic process recommends as the ideal time for these debates.

For example, in June 2009, six months before Congress would have to vote to reauthorize Section 215 of the Patriot Act, which the Obama Administration claims gives the NSA the authority to collect records on basically every American citizen — whether they have ever or will ever come in contact with a terrorist — Senators Wyden, Feingold and Durbin sent Attorney General Eric Holder a classified letter “requesting the declassification of information which [they] argued was critical for a productive debate on reauthorization of the USA PATRIOT Act.”

In November 2009, they sent an unclassified letter reiterating the request, stating:

“The PATRIOT Act was passed in a rush after the terrorist attacks of September 11, 2001. Sunsets were attached to the Act’s most controversial provisions, to permit better-informed, more deliberative consideration of them at a later time. Now is the time for that deliberative consideration, but informed discussion is not possible when most members of Congress – and nearly all of the American public – lack important information about the issue.”

Did President Obama jump at the opportunity to embrace the democratic process and have an open debate then? No. Congress voted the following month to reauthorize the Patriot Act without debate.

In May 2011, before the Senate was — again — scheduled to vote to reauthorize the Patriot Act, Senators Wyden and Udall — again — called for the declassification of the Administration’s secret interpretation of Section 215. This time, in a Huffington Post Op-Ed entitled “How Can Congress Debate a Secret Law?” they wrote:

Members of Congress are about to vote to extend the most controversial provisions of the USA PATRIOT Act for four more years, even though few of them understand how those provisions are being interpreted and applied.

As members of the Senate Intelligence Committee we have been provided with the executive branch’s classified interpretation of those provisions and can tell you that we believe there is a significant discrepancy between what most people — including many Members of Congress — think the Patriot Act allows the government to do and what government officials secretly believe the Patriot Act allows them to do.

Legal scholars, law professors, advocacy groups, and the Congressional Research Service have all written interpretations of the Patriot Act and Americans can read any of these interpretations and decide whether they support or agree with them. But by far the most important interpretation of what the law means is the official interpretation used by the U.S. government and this interpretation is — stunningly –classified.

What does this mean? It means that Congress and the public are prevented from having an informed, open debate on the Patriot Act because the official meaning of the law itself is secret. Most members of Congress have not even seen the secret legal interpretations that the executive branch is currently relying on and do not have any staff who are cleared to read them. Even if these members come down to the Intelligence Committee and read these interpretations themselves, they cannot openly debate them on the floor without violating classification rules.

During the debate itself, Wyden and Udall offered an amendment to declassify the Administration’s legal interpretation of its Patriot Act surveillance authorities and, in a twenty minute speech on the Senate floor, Wyden warned that the American people would one day be outraged to learn that the government was engaged in surveillance activities that many Americans would assume were illegal, just as they were every other time the national security committee has tried to hide its questionable activities from the American people.

Fun aside: As you can see in the video, to underscore the point that hiding programs from the American people rarely goes well for the Administration, I had my staff make a poster of the famous image of Oliver North testifying before Congress during the Iran-Contra hearing. I really wanted to replace North’s face with the words “insert your photo here,” but we didn’t have the time.

Did President Obama welcome an open debate at that time?

No. Congress voted to reauthorize the Patriot Act for four more years and the only point we — as critics — could raise that might be confused with debate was a hypothetical argument illustrated with a twenty-year-old picture of Oliver North. And, again, Senator Wyden couldn’t even tell me what he was so concerned about. In strategy meetings with me and his Intelligence Committee staffer, I had to repeatedly leave the room when the conversation strayed towards details they couldn’t share with me because I no longer had an active security clearance. “You know, it would be a lot easier if you could just tell me what I can’t say?” I’d vent in frustration. They agreed, but still asked me to leave the room.

And that was just the Patriot Act. Did the President — who now claims to welcome open debate of his Administration’s surveillance authorities — jump at the opportunity to have such a debate when the FISA Amendments Act came up for reauthorization?

No. Not only did the Administration repeatedly decline Senator Wyden’s request for a “ballpark figure” of the number of Americans whose information was being collected by the NSA last year, just a month after the Patriot Act reauthorization, the Senate Intelligence Committee attempted to quietly pass a four year reauthorization of the controversial surveillance law by spinning it as an effort to: “Synchronize the various sunset dates included in the Foreign Intelligence Surveillance Act of 1978 to June 1, 2015;” So, I guess if this was part of the Administration’s plan to publicly debate the NSA’s surveillance authorities, the plan was for the debate to take place in 2015?

And, as I explained in an interview with Brian Beutler earlier this summer, that is just a fraction of the ways the Obama Administration and the Intelligence Communities ignored and even thwarted our attempts to consult the public on these surveillance programs before they were reauthorized. In fact, after the Senate Intelligence Committee hearing in which Wyden attempted to close the FAA’s Section 702 loophole, which another important Techdirt post this week explains, “gives the NSA ‘authority’ to run searches on Americans without any kind of warrant,” I — as Wyden’s spokesperson — was specifically barred from explaining the Senator’s opposition to the legislation to the reporters. In fact, the exact response I was allowed to give reporters was:

“We’ve been told by Senator Feinstein’s staff that under the SSCI’s Committee Rule 9.3, members and staff are prohibited from discussing the markup or describing the contents of the bill until the official committee report is released. The fact that they’ve already put out a press release does not lift this prohibition.

That’s right, supporters of a full scale reauthorization of the FISA Amendments Act put out a press release explaining why this was a good thing, while explicitly barring the Senator who voted against the legislation from explaining his concerns.

Months later, the FISA Amendments Act, which the Administration contends authorizes its PRISM program, passed without the open debate that the President now contends he wanted all along. And, again, I’m only touching on a fraction of the efforts just Senator Wyden made to compel the administration to engage the American people in a democratic debate. I, obviously, haven’t mentioned the Director of National Intelligence’s decision to lie when Wyden “asked whether the NSA had collected ‘any type of data at all on millions of Americans.'” (Btw: Given that Wyden shared his question with the ODNI the day before the hearing, I am highly skeptical that Clapper’s decision to lie was made unilaterally.) Or the fact that the Obama Administration repeatedly fought lawsuits and FOIA requests for, again — not sources and methods — but the Section 215 legal interpretation that the Administration claims authorizes its surveillance authorities.

The below is an excerpt from a March 2012 letter that Wyden and Udall sent the Obama Administration urging them to respect the democratic process:

The Justice Department’s motion to dismiss these Freedom of Information Act lawsuits argues that it is the responsibility of the executive branch to determine the best way to protect the secrecy of intelligence sources and methods. While this is indeed a determination for the executive branch to make, we are concerned that the executive branch has developed a practice of bypassing traditional checks and balances and treating these determinations as dispositive in all cases. In other words, when intelligence officials argue that something should stay secret, policy makers often seem to defer to them without carefully considering the issue themselves. We have great respect for our nation’s intelligence officers, the vast majority of whom are hard-working and dedicated professionals. But intelligence officials are specialists — it is their job to determine how to collect as much information as possible, but it is not their job to balance the need for secrecy with the public’s right to know how the law is being interpreted. That responsibility rests with policy makers, and we believe that responsibility should not be delegated lightly.

But, as Mike’s last post on Friday explains, “President Obama flat out admitted that this was about appeasing a public that doesn’t trust the administration, not about reducing the surveillance.” Mike’s insight continues:

Even more to the point, his comments represent a fundamental misunderstanding of why the public doesn’t trust the government. That’s because he keeps insisting that the program isn’t being abused and that all of this collection is legal. But, really, that’s not what the concern is about. Even though we actually know that the NSA has a history of abuse (and other parts of the intelligence community before that), a major concern is that scooping up so much data is considered legal in the first place.

I’d go even further than that and argue that a big part of the reason the American people are having a hard time trusting their government is that the public’s trust in government is harmed every time the American people learn that their government is secretly doing something they not only assumed was illegal but that government officials specifically told them they weren’t doing. Hint: When the American people learn that you lied to them, they trust you less.

I think it’s hard for the American people to trust their President when he says he respects democratic principles, when his actions over the course of nearly five years demonstrate very little respect for democratic principles.

I think the American people would be more likely to trust the President when he says these programs include safeguards that protect their privacy, if he — or anyone else in his administration — seemed to care about privacy rights or demonstrated an understanding of how the information being collected could be abused. Seriously, how are we supposed to trust safeguards devised by people who don’t believe there is anything to safeguard against?

I think it’s understandably hard for the American people to trust the President when he says his Administration has the legal authority to conduct these surveillance programs when one of the few things that remains classified about these programs is the legal argument that the administration says gives the NSA the authority to conduct these programs. This is the document that explains why the Administration believes the word “relevant” gives them the authority to collect everything. It’s also the document I’d most like to see since it’s the document my former boss has been requesting be declassified for more than half a decade. (A reporter recently asked me why I think the Administration won’t just declassify the legal opinion given that the sources and methods it relates to have already been made public. “I think that’s pretty obvious,” I said. “I believe it will be much harder for the Administration to claim that these programs are legal, if people can see their legal argument.”)

I think it’s hard for the American people to trust the President when his administration has repeatedly gone out of its way to silence critics and — again — treat oversight as a threat on par with al Qaeda. As another great Techdirt post this week — US Releases Redacted Document Twice… With Different Redactions — illustrates, many of the Intelligence Community’s classification decisions seem to be based more on a desire to avoid criticism than clear national security interests. And as Senator Wyden said back in 2007, when then CIA Director Hayden (yes, the same guy who thinks we’re all losers who can’t get laid) attempted to undermine oversight over his agency by launching an investigation into the CIA’s inspector general, “people who know that they’re doing the right thing aren’t afraid of oversight.”

Which reminds me of the Techdirt post this week that probably haunted me the most. Ed Snowden’s Email Provider, Lavabit, Shuts Down To Fight US Gov’t Intrusion. Mike uses the post to explain that Ladar Levison, the owner and operator of Labavit — the secure email service that provided Edward Snowden’s email account — decided to shut down his email service this week.

Not much more information is given, other than announced plans to fight against the government in court. Reading between the lines, it seems rather obvious that Lavabit has been ordered to either disclose private information or grant access to its secure email accounts, and the company is taking a stand and shutting down the service while continuing the legal fight. It’s also clear that the court has a gag order on Levison, limiting what can be said.

The part that haunted me, though, was a line Levon included in his email informing customers of his decision:

“I feel you deserve to know what’s going on,” he wrote. “The first amendment is supposed to guarantee me the freedom to speak out in situations like this.”

He’s right, isn’t he? If these aren’t the moments the First Amendment was meant for, what are? Moreover, if the Administration is so convinced that its requests of Labavit are just, why are they afraid to hold them up to public scrutiny?

In his book, Secrecy: The American Experience, former Senator Daniel Patrick Moynihan included a quote from a 1960 report issued by the House Committee on Operations which I believe provides a far better response than anything I could write on my own:

Secrecy — the first refuge of incompetents — must be at a bare minimum in a democratic society for a fully informed public is the basis of self government. Those elected or appointed to positions of executive authority must recognize that government, in a democracy, cannot be wiser than its people.

Which brings me to my final point (at least for now) I think it’s awfully hard for the American people to trust the President and his administration when their best response to the concerns Americans are raising is to denigrate the Americans raising those concerns. Because, you see, I have a hard time understanding why my wanting to stand up for democratic principles makes me unpatriotic, while the ones calling themselves patriots seem to think so little of the people and the principles that comprise the country they purport to love.

August 13, 2013 Posted by | Civil Liberties, Deception, Progressive Hypocrite | , , , , , , , , | Comments Off on Jennifer Hoelzer’s Insider’s View Of The Administration’s Response To NSA Surveillance Leaks

White House backpedals on Kerry’s pledge to end drone strikes in Pakistan

By Carlo Muñoz – The Hill – 08/01/13 

The Obama administration was forced into damage control on Thursday as officials attempted to walk back Secretary of State John Kerry’s pledge to end armed drone operations in Pakistan.

During a diplomatic visit to Pakistan on Thursday, Kerry told Prime Minister Nawaz Sharif that Washington plans to severely curtail and eventually end armed drone operations in the country.

The move was geared toward an overall effort by the Obama administration to forge “a real partnership” between the White House and Islamabad, Kerry told reporters after his meeting with Sharif.

“I think the [drone] program will end as we have eliminated most of the threat and continue to eliminate it,” Kerry said in an interview with Pakistani television.”I think the president has a very real timeline and we hope it’s going to be very, very soon,” the former Massachusetts senator added.

The Obama administration reacted quickly to Kerry’s comments, saying his statements did not reflect a coming change in the use of armed drones against terrorist targets or overall U.S. counterterrorism policy.

“Clearly the goal of counter-terrorism operations, broadly speaking, is to get to a place where we don’t have to use them, because the threat goes away,” State Department spokeswoman Marie Harf said Thursday.

However, she made clear that there was no plan to eliminate the drone program in the near future, or that the White House had a plan to phase out drone operations.

The Obama administration is “realistic about the fact that there is a threat that remains and that we have to keep up our vigilance to fight in this and other places around the world.”

“As we make … progress [against al Qaeda]  the need to use these tools will, of course, be reduced,” she added.

U.S. drone strikes against suspected terrorist targets inside Pakistan has long been a source of contention in the often tense relations between Washington and Islamabad.

Pakistan claims the strikes, focused on the volatile provinces in the northwest part of the country that border Afghanistan, are a clear violation of the country’s sovereignty.

U.S. military and intelligence officials maintain the drone strikes have been an invaluable tool in decimating the core leadership of al Qaeda and other extremist groups based inside Pakistan.

Those tensions came to a head in May 2011, when a U.S. special operations team secretly entered Pakistan and killed al Qaeda leader Osama bin Laden.

The infamous terrorist leader had been quietly living in the Pakistani city of Abottabad, only miles from Islamabad.

During a major national security speech in May, President Obama announced plans to transition control of armed drone strikes to the Pentagon.

Under the White House’s plan, the CIA will continue to supply targeting and other intelligence on possible targets, but operational control over the actual drone strikes would fall to the military.

Currently, the Pentagon and CIA coordinate and execute their own independent armed drone operations in various hot spots across the globe.

That shift was part of an overall effort by the White House to update U.S. counterterrorism strategy from the days directly after the 9/11 attacks.

But since Obama’s speech in May, efforts to shift control of armed drone operations to the Department of Defense have stalled at the Pentagon and at CIA headquarters in Langley.

August 4, 2013 Posted by | Progressive Hypocrite, Subjugation - Torture, Timeless or most popular, War Crimes | , , , , , | 1 Comment

Einhorn on Getting to Yes with Iran

By Dan Joyner | Arms Control Law | July 13, 2013

I’ll try to stay calm as I write this. I’ll try.

I just read Robert Einhorn’s new article over at Foreign Policy entitled “Getting to ‘Yes’ with Iran.” Most of you will know that for the past four years, until May, Einhorn was a key member of the Obama administration’s diplomatic team working on the Iran nuclear issue, and was involved in the P5+1 negotiations with Iran. Because of this, I think its fair to take his opinions as fairly representative of the US perspective on the ongoing diplomatic process with Iran.

It’s honestly hard to know where to begin to criticize this piece. There’s so very much to criticize. I think the most maddening aspect to it is simply the tone throughout – the paternalistic, arrogant tone that drives most of the world crazy about US “diplomacy,” and makes them want to collectively scream at us “who the f#&*! do you think you are!?!”  Here are a few jewels:

The two sides could try to work out a road map containing the general elements or principles of a phased, comprehensive deal, including an outline of the key elements of an Iranian civil nuclear program that would be permitted in an end-state. . .

More specifically, any acceptable approach to permitting enrichment would have to provide confidence that Iran could not quickly or secretly “break out” of agreed arrangements and use its enrichment capabilities to produce highly-enriched uranium for nuclear weapons. This would require limits on Iran’s enrichment capacity (both in terms of numbers and types of centrifuges), restrictions on its stocks of enriched uranium (in terms of quantities and locations), and special monitoring measures capable of detecting a breakout at the earliest possible moment. . .

The question of whether the negotiations’ end-state should include a domestic enrichment program cannot be answered until we have explored such practical arrangements with the Iranians. Such engagement will not be easy for either side. It will require the United States and its partners to do what they have so far avoided: talk about what would make an Iranian enrichment program acceptable. And it will require the Iranians to recognize that the United States and the international community will not accept an unrestricted enrichment program, but only a regulated capability that denies them the opportunity to convert their program rapidly or clandestinely to the production of nuclear weapons.

Do you hear it? How many times he uses words like “permit,” “accept,” and “acceptable”? This drives the rest of the world crazy – how the U.S. and the West generally put themselves in the position of parents telling other states – as if they were little children and not fully equal sovereigns – what they will accept and not accept, permit and not permit those states to do in their own countries! And if you don’t go along with these parental orders, the U.S. and E.U. will slap sanctions on you, like a parent punishing a child. Nevermind if there is no international legal basis either for the substantive “non-acceptance” of the activity, or for applying punitive sanctions, as is the case with Iran’s nuclear program. Dad’s going to do it anyway, because he knows what’s best, and because he can.

Do you not see how this drives other states crazy, and makes them want to defy these edicts from the West, just on principle? It’s basic schoolyard psychology. And we would feel and respond the same way, if the tables were turned.

But wait, there’s more. He also tries his hand at legally justifying the U.S. refusal to recognize Iran’s right to peaceful uranium enrichment:

The United States has been justified in rejecting an unfettered “right to enrich.” The Nonproliferation Treaty protects the right of compliant parties to pursue nuclear energy for peaceful purposes, but it is silent on whether that right includes enrichment, which is a dual-use technology that can also produce fissile material for nuclear weapons. Lawyers can debate whether a right to enrich is included in the treaty, but what is not debatable is that Iran has forfeited — at least temporarily — any right to enrichment (and reprocessing) until it can demonstrate convincingly that it is in compliance with its NPT obligations. For the time being, whatever rights it has to these technologies have been suspended by a series of U.N. Security Council resolutions, which are legally binding on all U.N. members, including Iran.

Well, I wrote a whole book on why he is wrong in his assessment of the NPT and Article IV. I’d be happy to explain it to him sometime, or he can just buy the book and read it (it’s out in paperback!), now that he’s out of office and has time to actually think about policies, instead of running around implementing them based on erroneous understandings. And as far as the Security Council resolutions are concerned, I’ve written about them as well, including in an article in the George Washington International Law Review. And I’m currently writing another piece in which I will discuss more thoroughly the issue of states’ rights in international law. In that piece I plan to demonstrate that the rights of states, including the one codified in NPT Article IV, have jurisprudential meaning and implications, and impose obligations on other actors to respect them – including the Security Council.  And when the Council acts to prejudice these rights, its decisions are null and void.

But coming back to a macro view of this piece by Einhorn, it really makes for a depressing read. It convinces me that there really is no hope for a practical, negotiated solution, as long as the U.S. approaches the negotiating table with this attitude and with these erroneous ideas about both the principle and practicality of what they’re hoping to accomplish through them.

July 18, 2013 Posted by | Deception, Mainstream Media, Warmongering, Progressive Hypocrite | , , , , , | 2 Comments

State Department’s Watergate? Office of high-profile whistleblower’s lawyer burglarized

RT | July 8, 2013

The Dallas law office representing a State Department whistleblower was broken into and robbed during the first weekend of July. Three computers were stolen and the firm’s file cabinets had been searched, but valuables were left untouched.

“It’s a crazy, strange and suspicious situation,” attorney Cary Schulman of the Schulman & Mathias law office told Foreign Policy Magazine’s The Cable.

The burglars left behind silver bars, video equipment and other valuables, causing Schulman to believe that they were looking to find information on the case of former State Department inspector general investigator Aurelia Fedenisn, who leaked government documents last month. Fedenisn provided CBS News with documents that accuse the State Department of covering up criminal investigations involving its diplomats and employees, including offenses such as illicit drug use, sexual solicitation of minors and prostitutes, and sexual harassment.

The documents state that US Ambassador to Belgium Howard Gutman “was suspected of patronizing prostitutes in a public park.”

Schulman believes that the perpetrators of the burglary may have been politically motivated supporters of the Obama administration, but the suspects have not yet been identified.

“It’s clear to me that it was somebody looking for information and not money. My most high-profile case right now is the Aurelia Fedenisn case, and I can’t think of any other case where someone would go to these great lengths to get our information,” Schulman told The Cable.

Last month, lawyers representing Fedenisn told The Cable that the State Department tried to silence her by threatening her and her family. Law enforcement officers allegedly camped in front of her house, harassed her children, and tried to make Fedenisn incriminate herself.

Schulman believes that officials are trying to force Fedenisn to sign papers admitting that she stole the documents – a crime that the former investigator denies.

The law office does not believe the State Department authorized a break-in, but suspects that supporters of the administration may be to blame.

“It wasn’t professional enough,” he said. “It is possible that an Obama or Hillary supporter feels that I am unfairly going after them. And the timing of this is right after several weeks of very public media attention so it seems to me most likely that the information sought is related to that case. I don’t know for sure and I want the police to do their work.”

Local Fox affiliate KDFW aired a surveillance video of the two suspected burglars, who can be seen walking out of the office carrying computers.

State Department spokesperson Jen Psaki claims the agency had no involvement in the break-in.

“Any allegation that the Department of State authorized someone to break into Mr. Schulman’s law firm is false and baseless,” she said.

July 8, 2013 Posted by | Corruption, Deception, Progressive Hypocrite | , , , , , , | Comments Off on State Department’s Watergate? Office of high-profile whistleblower’s lawyer burglarized

DOJ’s AP Phone Logs Grab Highlights Renewed Need for Shield Law

By Gabe Rottman | ACLU | May 15, 2013

Although the president’s press secretary noted yesterday then-Senator Obama’s support for a federal shield law to protect reporters from having to disclose their sources, he failed to mention how the White House deep-sixed a comprehensive shield bill back in 2009. That bill could have prevented the extraordinary Associated Press subpoena, which was disclosed this week.

Back in 2009, various stakeholders—including Republicans in the House, Sens. Charles Schumer (D-N.Y.) and Arlen Specter (D-Pa.), and a broad coalition of free press and public interest groups—came together to support the Free Flow of Information Act. Although not perfect, the original bill contained express safeguards requiring the administration to exhaust all other means of obtaining the information sought and to tailor subpoenas narrowly, along with other safeguards to preserve source anonymity.

While initially backing the legislation, the administration abruptly reversed course in late 2009, demanding that the bill contain what amounted to an exemption for national security leak cases and severely limiting judicial discretion under the measure. The bill died and has yet to be resurrected.

If there ever were a time to resurrect the federal shield law, it is now.

Although the details are still trickling out, it’s clear that a Justice Department leak investigation sought the dial-out records of 20 phone lines belonging to the AP and its reporters. The request covered both the personal mobile and home phones of targeted journalists, as well as office numbers for the AP in New York, Washington, Hartford, and the House of Representatives’ press gallery. More than 100 reporters work at the offices subject to the subpoenas, and the information pulled covered two months. Perhaps most striking, notice of the subpoena was delayed—meaning that the AP had no opportunity to go to court to contest it before the DOJ secured the records.

I haven’t been able to find any cases of similar sweep. In one of the more recent cases involving a leak subpoena for phone records (involving a tip to The New York Times that the offices of two Islamic charities suspected of funding terrorism were about to be raided), the government notified the news outlet in advance, negotiated with the Times at length, and only sought a subpoena as a last resort. The scope of the subpoena was modest compared to the AP request, covering only a couple of weeks of records and only two journalists. That’s a far cry from what happened here.

The notion of a reporter shield or privilege isn’t to protect journalists; it’s to protect the public. When the Bill of Rights was being drafted, America had a vibrant mass media. Indeed, it even had the 18th century equivalent of the blogger (the proverbial “lonely pamphleteer”). The drafters were well aware of the power of a free media to restrain government excess and to undermine the authoritarian impulse. Many recalled, for instance, the case of John Zenger, the colonial printer charged with libel for printing a periodical critical of the New York governor. That prosecution led in part to calls for express protection for freedoms of press and speech in the Constitution.

An essential element of the journalist’s toolkit is the anonymous source, and this is doubly true in the context of national security reporting. As the government itself acknowledges, the current classification system for sensitive national security information is deeply flawed. Not only is there little incentive not to classify something, too often national security is used as an excuse to prevent disclosure of information about embarrassing or illegal activities.

Absent “leaks,” we would never have learned about the Bush administration’s warrantless wiretapping program, its use of CIA “black sites,” and the unlawful torture of detainees in the Iraq War and the so-called “war on terror.” In more recent days, “leaks” have been instrumental in the public disclosure of the Obama administration’s cyberattacks against Iran and its targeted killing program.

And yet, despite the clear public interest in revealing this government misconduct, the Obama administration—the “most transparent administration in history“—will have as one of its legacies an unprecedented crackdown on the unauthorized disclosure of classified information. It has prosecuted many more leakers (twice as many as all previous administrations combined), and pursued leak investigations more aggressively than anyone else. The time is ripe for a federal law that would protect reporters from having to disclose their sources (with limited exceptions to ensure due process for criminal defendants and to prevent actual and imminent harm).

The AP scandal casts this need in stark relief.


The administration has asked Sen. Schumer to reintroduce the Free Flow of Information Act, Rep. John Conyers (D-Mich.) just announced that he will do so in the House, and Rep. Ted Poe (R-Texas) introduced a similar bill today. The administration should certainly be commended for taking proactive steps to prevent this from happening again. That said, the administration can’t get in the way this time. The demand in 2009 for a broad exception for national security leaks cases delayed the bill, and tempered enthusiasm among Democrats for the bill in the face of strong opposition by certain Republicans. The 2013 bill must protect against what happened here with the AP, and it’s not clear that the 2009 White House compromise would have done so.

May 15, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , | Comments Off on DOJ’s AP Phone Logs Grab Highlights Renewed Need for Shield Law

Obama to cut nonproliferation budget in favor of new nukes

Press TV – April 11, 2013

US President Barack Obama has reportedly requested more funding to further upgrade American nuclear weapons at the cost of reduced spending on nuclear nonproliferation measures, which it demands from other nations.

The Obama administration’s funding request for continued modernization of its atomic arsenal has reportedly been included in its 2014 federal budget proposal that was released on Wednesday, according to a report in US-based Foreign Policy magazine.

The Obama administration’s plan to further “modernize” American nuclear weapons comes nearly four years after the US president received the Noble Peace Prize in 2009 for the promotion of “nuclear non-proliferation.”

Despite massive cuts in public spending and even some Defense Department programs, under the new budget proposal, funding for US Energy Department’s nuclear arms-related programs would increase by nearly seven percent or about USD500 million, according to the report, which cited American officials that spoke on the condition of anonymity.

The current budget for such programs reportedly stands at more than USD7 billion.

The Energy Department’s nonproliferation programs, however, would be slashed by about 20 percent, or nearly USD460 million, under the new budget plan, according to the report. Its current annual budget stands at almost USD2.5 billion.

The proposed funding would reportedly cover the continuing upgrade of older American atomic warheads as well as the construction of a uranium processing plant in the State of Tennessee.

The so-called modernization program for aging US nuclear weapons is part of a deal between the Obama administration and Congress as part of the ‘New START’ (Strategic Arms Reduction Treaty) agreement with Russia, its major rival in maintaining massive numbers of atomic weapons.

According to the pact, both nuclear powers should slash their atomic warheads to 1,500 by 2018.

US lawmakers reportedly agreed to support the reduction of the quantity of the country’s atomic warheads if the ones remaining active are upgraded.

The only category of the US Energy Department’s nonproliferation activities that would receive increased funding is its research and development division. It is intended to finance the development of a satellite-based nuclear detonation sensor, according to the Foreign Policy report.

This is while the Energy Department’s nuclear weapon programs was reportedly hindered by mismanagement and overspending issues, prompting the department to ask the Pentagon to cover cost overruns for its W76 warhead upgrade operations, though it only received three billion of the seven billion dollars it had requested.

Meanwhile, the Obama administration’s 2014 budget proposal is reportedly billions of dollars higher than the spending caps mandated by the 2011 Budget Control Act. It is, therefore, expected to face strong opposition from congressional members. The White House and US lawmakers have been battling for the past two years over budgetary issues, and are yet to reach a common ground.

April 10, 2013 Posted by | Militarism, Progressive Hypocrite, War Crimes | , , , , , , , | 1 Comment

Judge Rejects Obama Administration Argument that Declassifying Guantánamo Case Documents is Too Much Work

By Noel Brinkerhoff and David Wallechinsky | AllGov | March 31, 2013

The Obama administration has been ordered by a federal judge to declassify the government’s file on a former detainee after officials tried to claim that doing so would require too much work.

Mohammed Sulaymon Barre of Somaliland, who was held at Guantánamo until December 2009, filed a motion to compel the government to disclose the information officials had collected on him.

The government responded by saying it could not meet the request because of the time it would take to sift through the file and redact portions of it.

U.S. District Chief Judge Royce Lamberth rejected the administration’s argument, and said he was “troubled by the government’s apparent lack of urgency in issuing public versions of classified materials filed in Guantánamo proceedings.”

Lamberth added: “The government’s arguments are unavailing and largely boil down to this: ‘Declassification is complicated and time consuming and we already have a lot of work—please don’t pile on.’”

Barre (a.k.a. Mohamed Saleban Bare) was arrested and detained in November 2001 while living as a UN-designated refugee in Karachi, Pakistan. He became a suspect in the eyes of the U.S. because of his alleged ties to Al-Wafa, a Saudi foundation accused of terrorist activities, and because of his job at Dahabshiil Company, a Somali-based financial institution that allegedly sent money to and from customers in Pakistan. Sulaymon maintained that he had done nothing wrong and was picked up because U.S. forces were paying bounties for the capture of alleged enemies.

His detention included being held at military bases in Kandahar and Bagram in Afghanistan, before being transferred to Guantanamo, where he claims he was tortured. Upon his release, he told Agence France-Presse, “Guantánamo Bay is like hell on Earth…. In the cold they let you sleep without a blanket. Some of the inmates face harsher torture, including with electricity and beating…. Some of my colleagues in the prison lost their sight, some lost their limbs and others ended up mentally disturbed. I’m OK compared to them.”

April 1, 2013 Posted by | Civil Liberties, Deception, False Flag Terrorism, Progressive Hypocrite | , , , , | Comments Off on Judge Rejects Obama Administration Argument that Declassifying Guantánamo Case Documents is Too Much Work