The “Congress knew” defense
left i on the news | June 07, 2013
President Obama defends his super-snooping program, claiming that “they’re not secret in the sense that when it comes to telephone calls, every member of Congress has been briefed on this program.” First of all, I note he also says that “the relevant intelligence committees are fully briefed on these programs,” which suggests that “every member of Congress”, to whom the word “fully” isn’t applied, may or may not know very much at all. But even if every member of Congress were in fact fully briefed, there’s a little problem with that. Because they were briefed in secret and unable to convey that information to their constituents. So if they wanted to, say, campaign for reelection on the grounds of supporting (or opposing) that policy, they couldn’t do so. Furthermore, no challenger could campaign against them on a platform of ending these policies, because no challenger would have known about the policies.
On a related issue, talking to FOX’s Shep Smith earlier today (actually being grilled by Smith, who was having none of his double-talk and evasions), the former deputy director of the NSA claimed that the program was ipso facto Constitutional because “all three branches of government” were involved with it. But the “FISA Court” is a special, secret court. Not only have they never denied a single government request, but no citizen can challenge a decision they make, because their decisions are all secret. Therefore the Constitutionality of the court itself, or of any decision it has made, is not subject to review by the Supreme Court, the only institution which can actually rule on the Constitutionality of a law.
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US: Senate Leaders Block Public Database of Congressional Financial Disclosure
By Matt Bewig | AllGov | April 14, 2013
Quietly and after many members had left for the weekend, the Senate voted Thursday night to approve a new bill, S. 716, introduced by Senate Majority Leader Harry Reid (D-Nevada), that no one had read, and that was not publicly available on the Library of Congress website until after the vote.
The purpose of the bill was to gut key provisions in the Stop Trading on Congressional Knowledge (STOCK) Act requiring broad disclosure of already public reports about the personal finances of public officials and employees. Responding to concerns that some provisions of the STOCK Act were overly broad and might put some government employees at risk, the Senate decided to exclude legislative and executive staffers from the online disclosure requirements entirely and to delay implementation of other mandates for themselves.
The STOCK Act, which is only a year old, requires online posting of the personal financial disclosure statements filed each year by lawmakers and congressional candidates, the president and vice president, cabinet members and high-ranking staff. The data is supposed to be made available in machine readable format that is searchable and downloadable by this October.
With no public notice or hearings on the issue, the Senate voted to eliminate both the online disclosure requirement for congressional and executive branch staff members and the creation of a searchable public database containing the information in the reports. At present, the financial disclosure reports are filed on paper and made available as non-searchable pdf files, which makes them cumbersome and onerous to use for research. The requirement of searchability was a key reform intended to allow citizens to easily research patterns of financial influence.
None of the concerns regarding the publication of federal employees’ financial information raised any issues regarding the requirement that the disclosures of legislators, candidates, the President, Vice President and cabinet members be in searchable format by October, but the Senate took the opportunity to kill that mandate as well. Although the provision barring insider trading by members of Congress was left intact, without searchable disclosure forms the heavy volume of data renders its analysis slow and politically toothless.
Related article
- Epic Failure by the Senate on Transparency Provisions in STOCK Act (sunlightfoundation.com)
Intelligence Committees Get Additional Targeted Killing Memos, But Not the Public
ACLU | March 5, 2013
WASHINGTON – In a win for congressional oversight over the government’s vast killing program, the Obama administration has shown an additional but undisclosed number of Office of Legal Counsel memos justifying the program to the Senate and House Intelligence Committees, but has continued to withhold some of its legal opinions from the Intelligence Committees and has not provided any of the legal opinions to the rest of Congress or to the American public. The legal opinions focused on non-citizens continue to be hidden from the Intelligence Committees.
“This is an important first baby step towards restoring the checks and balances between Congress and the president, but it isn’t enough. Amazingly, the Obama administration continues to hide at least some of its legal opinions, even from the intelligence committees. The intelligence committees should have been given all of the legal opinions years ago, particularly when the Obama administration has claimed broad authority to kill people, including American citizens, far from any battlefield,” said Senior Legislative Counsel Christopher Anders. “The legal opinions also shouldn’t stay hidden with the few dozen members of the intelligence committees, but should be available to all members of Congress and minimally redacted copies should be made public. It makes a mockery of the rule of law when the government hides the rules, or makes them up as they go along. It is time to come clean with Congress and the American people.”
Previously, only four memos were briefly shown to the Senate and House Intelligence Committees, which prompted some Senate committee members to stall the confirmation of John Brennan—the architect of the targeted-killing program and President Obama’s choice to run the Central Intelligence Agency. In response, the government sent additional materials to the Intelligence Committees, but has not shown the committees all 11 legal opinions sought by several committee members, and also has not provided the legal opinions to other senators or made them public. This afternoon, the Senate Intelligence Committee will vote on whether to send John Brennan’s nomination to the full Senate.
More information on the ACLU’s work on targeted killing can be found here: www.aclu.org/national-security/targeted-killings
Israel instructs Obama: “Iranian and Syrian sanctions are not painful enough!”
… impose an international blockade now!
By Franklin Lamb | Al-Manar | February 23, 2013
On 3/26/2013 Iran is expected to meet other world powers in Astana, Kazakhstan to discuss its nuclear program. Discussions that the occupiers of Palestine fervently hope will not be successful. It is toward this end that their key demand this week to the US Congress, the White House and the European Union is “to cast responsibility on the Iranians by blaming them for the talks’ failure in the clearest terms possible.”
According to the Al-Monitor of 3/19/13, Israel also demands that the countries meeting in Kazakhstan “make it perfectly clear that slogans such as ‘negotiations can’t go on forever’ are their marching orders to the White House, and they want the Kazakhstan attendees to act “so severely that the Iranians realize that they face a greater threat than just Israeli military action.” “The message must be that this time the entire west, behind Israel’s leadership, is contemplating the launch of a massive military action.” Unsaid is that “the entire West” is expected to confront Iran militarily while Tel Aviv’s forces will mop up Hezbollah, Hamas, Islamic Jihad and Syria if necessary.
Pending the above arrangements, Israel this week is further demanding that the Obama White House issue another Executive Order dramatically ratcheting up the US-led Sanctions against Iran and Syria while it prepares for a hoped for “game changing international economic blockade, including no-fly zones enforced by NATO”.
To achieve yet another layer of severe sanctions, and at the behest of AIPAC, a “legislative planning” meeting was called by Congressman Eliot Engel, who represents New York’s 17th District (the Bronx) and who is the Ranking Member of the House Foreign Affairs Committee, and Rep. Ros-Lehtinen (Florida’s 27th District), Chair of the House Subcommittee on the Middle East and North Africa. The session was held in a posh Georgetown restaurant and participants included representatives from AIPAC, Israel, Saudi Arabia and Bahrain plus half a dozen Congressional staffers.
Congressman Engel has co-sponsored virtually every anti-Arab, anti-Islam, anti-Palestinian, anti-Iran, and anti-Syrian Congressional broadside since he entered Congress a quarter-century ago. His campaign literature last fall stated: “I am a strong supporter of sanctions against those who repeatedly reject calls to behave as responsible nations. [Israel excepted-ed]. I have authored or helped author numerous bills which have been signed into law to impose sanctions against rogue states including Iran and Syria.” Ros-Lehtinen and Engel led all members with AIPAC donations on the House side in last fall’s Congressional elections. They are ranked number one and two respectively as still serving career recipients of Israel-AIPAC’s “indirect” campaign donations.
Some Congressional operatives accuse Rep. Ros-Lehtinen of being a bit lazy and neglecting the bread and butter needs of her Florida constituents. But others argue that it depends on which constituents one has in mind. Her election mailings and her Congressional website claim that the Congresswoman “led all Congressional efforts tirelessly to generate votes to block what she views as anti-Israel resolutions offered at the former UN Commission on Human Rights.”
A big fan of US-led sanctions against Iran and Syria, Rep. Ros-Lehtinen introduced the Iran Freedom Support Act on January 6, 2005, which increased sanctions and expanded punitive measures against the Iranian people until the Iranian regime has dismantled its nuclear plants. Rep. Ros-Lehtinen also introduced H.R. 957, the Iran Sanctions Amendments Act, which she claims “will close loopholes in current law by holding export credit agencies, insurers, and other financial institutions accountable for their facilitation of investments in Iran and sanction them as well.” In addition, H.R. 957 seeks to impose liability on parent companies for violations of sanctions by their foreign entities. She also co-sponsored H.R 1357 which requires “U.S. government pension funds to divest from companies that do any business with any country that does business with Iran.” Her campaign literature states that, “She was proud to be the leading Republican sponsor of H.R. 1400, the Iran Counter-Proliferation Act. This bill applies and enhances a wide range of additional sanctions.”
In addition, last year Illeana introduced H.R. 394, which enlarges US Federal Court Jurisdiction regarding claims by American citizens their claims in U.S. courts. Unclear is whether she realizes that one consequence of her initiative would be to open even wider US courtroom doors to Iranian-Americans and Syria-Americans who today are being targeted and damaged by the lady’s ravenous insatiable craving for civilian targeting economic sanctions.
But Ileana and Elliot appear to be fretting.
So is Israel.
The reasons are several and they include the fact that the US-led sanctions have failed to date to achieve the accomplishments they were designed to produce. These being to cripple the Iranian economy, provoke a popular protest among the Iranian people over inflation and scarcity of food and medicines, weaken Iran as much as possible before adopting military measures against it, and, most essentially, achieving regime change to turn the clock back to those comfortable days of our submissive, compliant Shah.
Zionist prospects for Syria aren’t any better at the moment. Tel Aviv’s [schemes] to intimidate the White House into invading Syria have not worked. Plan A has failed miserably according to the Israeli embassy people attending the Engel-Ros Litinen’s informal confab. Neither did the “how about we just arm the opposition” plan that originated last year with David H. Petraeus and was supported by Hillary Clinton while being pushed by AIPAC. The goal was to create allies in Syria that the US and Israel could control if Mr. Assad was removed from power. Moreover, the White House believes that there are no good options for Obama. It has vetoed 4 recent Israeli proposals including arming the rebels and is said to believe that Syria is already dangerously awash with “unreliable arms.”
The recent shriveling in Israeli prospects for a dramatic Pentagon intervention in Syria reflect White House war weariness. And also Israel’s predilection to bomb targets itself in Syria, as it did recently to assassinate a senior Iranian officer in the Quds force of the Revolutionary Guards, Gen. Hassan Shateri. Contrary to the false story that Israel attacked a missiles convoy, some unassembled equipment was damaged but that was not the primary target according to Fred Hof, a former U.S. State Department official. Gen. Shateri was.
Making matters worse for Tel Aviv, the Israeli military is reportedly becoming skittish due to its deteriorating political and military status in the region and its troops have recently completed subterranean warfare drills to prepare them for a potential clash with Hezbollah in southern Lebanon, the Jerusalem Post reported on 2/20/13. “Today during training, we simulated a northern terrain, that included what we might encounter,” Israeli Lt. Sagiv Shoker, commander of a military Reconnaissance Unit of the Engineering Corps, based at the Elikim base in northern Israel near the border with Lebanon explained. Shoker added that his units spent a week focused on how to approach Hezbollah’s alleged underground bunkers and tunnels in South Lebanon and the Bekaa Valley quietly and quickly. Israeli forces commander Gantz has been complaining recently to the Israeli cabinet that Hezbollah Special Forces are gaining much valuable experience in Syria fighting highly skilled and motivated al Nusra jihadists and his troops may not be prepared to face them on the battlefield if a conflict erupts. It has been known since 2006 that Israeli soldiers “are having motivation deficits” as Gantz and others have complained.
Obama Executive Order allows seizure of Americans’ bank accounts
Press TV – October 13, 2012
The latest executive order (EO) emanating from the White House October 9 now claims the power to freeze all bank accounts and stop any related financial transactions that a “sanctioned person” may own or try to perform – all in the name of “Iran Sanctions.”
Titled an “Executive Order from the President regarding Authorizing the Implementation of Certain Sanctions…” the order says that if an individual is declared by the president, the secretary of state, or the secretary of the treasury to be a “sanctioned person,” he (or she) will be unable to obtain access to his accounts, will be unable to process any loans (or make them), or move them to any other financial institution inside or outside the United States. In other words, his financial resources will have successfully been completely frozen.
The EO expands its authority by making him unable to use any third party such as “a partnership, association, trust, joint venture, corporation, subgroup or other organization” that might wish to help him or allow him to obtain access to his funds.
And if the individual so “sanctioned” decides that the ruling is unfair, he isn’t allowed to sue. In two words, the individual has successfully been robbed blind. – The New American
HIGHLIGHTS
Congressman Ron Paul (R-Texas) called EOs patently unconstitutional. When asked about them by Fox News’ Megan Kelly, Paul said:
“The Constitution says that only Congress passes laws. The executive branch is not allowed to pass laws, nor should the judicial system pass laws. So it is clearly unconstitutional to issue these executive orders,” Paul said.
“They’ve been done for a long time, both parties have done it, but the Congress is careless. They allow and encourage and do these deals … to get the president to circumvent the Congress. If something’s unpopular and he can’t get it passed, well, let’s just sign an executive order. So I think that is blatantly wrong. I think this defies everything the founders intended. I think it’s a shame that Congress does it, and I think it’s a shame that the American people put up with it,” he added.
The most outrageous executive order of all time was that issued by President Roosevelt that allowed the enforced internment of 120,000 Japanese-Americans. – Prison Planet
FACTS & FIGURES
The United States has long barred U.S. firms from doing business with Iran, but last December adopted measures that forced international buyers of Iranian oil to cut their purchases. – Economic Times
In August, a second package of sanctions added further restrictions for international banks, insurance companies and oil traders.
The U.S., Israel and their allies say Tehran may intend to use its nuclear capability to produce nuclear weapons, a claim Iran rejects. Tehran insists its program is completely peaceful.
Related articles
- Obama executive order hits Iran with harsher sanctions (21stcenturywire.com)
Politicians Lie– And Reporters Can’t Report That
By Peter Hart – FAIR – 08/23/2012
There’s an interesting Politico story (8/22/12) about Andrea Seabrook, who until recently was a Capitol Hill reporter for NPR. She’s moved on to a new independent reporting project, but it’s what she said about her previous gig that’s most revealing:
“I realized that there is a part of covering Congress, if you’re doing daily coverage, that is actually sort of colluding with the politicians themselves because so much of what I was doing was actually recording and playing what they say or repeating what they say,” Seabrook told POLITICO. “And I feel like the real story of Congress right now is very much removed from any of that, from the sort of theater of the policy debate in Congress, and it has become such a complete theater that none of it is real…. I feel like I am, as a reporter in the Capitol, lied to every day, all day. There is so little genuine discussion going on with the reporters…. To me, as a reporter, everything is spin.”
She says her new web-based project will try to “decipher Washington’s Byzantine language and procedure, sweeping away what doesn’t matter so listeners can focus on what does.”
Seabrook seems pretty clear that the problem isn’t the media: “I think the problem is the Congress itself. And we’re all in the same positions, scrambling to figure out how the hell to cover these a*sholes.”
So if a reporter is covering politicians who are lying to her every single day, what is preventing that reporter from saying as much? Why just repeat the lies?
The crystal clear implication here is that, for whatever reason, an NPR journalist doesn’t feel comfortable challenging lies and spin. It’s a pretty important admission, and one that NPR listeners–and management– should think about.
Related articles
- NPR: the Voices and Views of One Side (Aletho News)
- Fukushima whitewash betrayed trust of NPR listeners (Aletho News)
- Adam Davidson’s Journalistic Corruption (Aletho News)
9th Circuit Dismisses Al Haramain Case
By Cindy Cohn | Eff | August 7, 2012
Today the Ninth Circuit Court of Appeals dismissed the warrantless wiretapping case, Al Haramain Islamic Foundation v. Obama, on the technical legal basis known as sovereign immunity.
Essentially, on a complex statutory analysis, the court ruled that the only claim left in the case, for money damages under 50 U.S.C. section 1810, could not be brought against the government itself, and instead could only be brought against government officials in their individual capacity. The court then ruled that the specific claims made against an official in his individual capacity, FBI Director Mueller, were not sufficient and could not be amended.
While the analysis is complex, the upshot is clear and very troubling.
First, the Court ruled that Congress in passing this section of FISA created a cramped statute that, at least in section 1810, only allows a claim for redress if the government uses the information it illegally gathers, and creates no a remedy against the government for the unlawful collection of information. Apparently, when it came to granting a legal claim for damages, Congress intended to allow the government to do as much wiretapping in violation of the law as it wanted to, and only allow individuals to sue for use of the information illegally collected. It seems unlikely that the American people believe that the line should be drawn in this strange way.
Additionally, the ruling certainly does not exonerate the government. To the contrary, the best that they could say is that they they got off on a pure technicality of Congressional drafting. There is nothing in this opinion, or in the whole course of this litigation, that undermines the basic revelation: that President Bush authorized the warrantless illegal and unconstitutional wiretapping of the two attorneys helping this accused — and now defunct — charity in their lawful, privileged communications with their client. No one should take this as a vindication of the Bush-era policies (or Obama’s continuation of them).
Finally, this ruling will have little, if any, affect on the EFF’s ongoing litigation Jewel v. NSA, where we seek to stop the ongoing surveillance of millions of innocent Americans, also without proper warrants or other judicial oversight. Jewel has many causes of action, not just 50 U.S.C. section 1810, and it seeks an injunction to stop ongoing behavior, not just monetary damages for past acts. So while we don’t agree with the Ninth Circuit’s ruling here, it will not prove a roadblock to our efforts to stop the spying. We’ve moved for a ruling in the Jewel case that FISA preempts the state secret privilege and hope to have that motion heard by the District Court in the fall.
Related articles
- Appeals court dismisses warrantless wiretapping suit (arstechnica.com)
- Court gives government the go-ahead for warrantless wiretaps (rt.com)
Worse than SOPA? CISPA to censor Web in name of cybersecurity
RT | April 4, 2012
As congressmen in Washington consider how to handle the ongoing issue of cyberattacks, some legislators have lent their support to a new act that, if passed, would let the government pry into the personal correspondence of anyone of their choosing.
H.R. 3523, a piece of legislation dubbed the Cyber Intelligence Sharing and Protection Act (or CISPA for short), has been created under the guise of being a necessary implement in America’s war against cyberattacks. But the vague verbiage contained within the pages of the paper could allow Congress to circumvent existing exemptions to online privacy laws and essentially monitor, censor and stop any online communication that it considers disruptive to the government or private parties. Critics have already come after CISPA for the capabilities that it will give to seemingly any federal entity that claims it is threatened by online interactions, but unlike the Stop Online Privacy Act and the Protect IP Acts that were discarded on the Capitol Building floor after incredibly successful online campaigns to crush them, widespread recognition of what the latest would-be law will do has yet to surface to the same degree.
Kendall Burman of the Center for Democracy and Technology tells RT that Congress is currently considering a number of cybersecurity bills that could eventually be voted into law, but for the group that largely advocates an open Internet, she warns that provisions within CISPA are reason to worry over what the realities could be if it ends up on the desk of President Barack Obama. So far CISPA has been introduced, referred and reported by the House Permanent Select Committee on Intelligence and expects to go before a vote in the first half of Congress within the coming weeks.
“We have a number of concerns with something like this bill that creates sort of a vast hole in the privacy law to allow government to receive these kinds of information,” explains Burman, who acknowledges that the bill, as written, allows the US government to involve itself into any online correspondence, current exemptions notwithstanding, if it believes there is reason to suspect cyber crime. As with other authoritarian attempts at censorship that have come through Congress in recent times, of course, the wording within the CISPA allows for the government to interpret the law in such a number of degrees that any online communication or interaction could be suspect and thus unknowingly monitored.
In a press release penned last month by the CDT, the group warned then that CISPA allows Internet Service Providers to “funnel private communications and related information back to the government without adequate privacy protections and controls.
The bill does not specify which agencies ISPs could disclose customer data to, but the structure and incentives in the bill raise a very real possibility that the National Security Agency or the DOD’s Cybercommand would be the primary recipient,” reads the warning.
The Electronic Frontier Foundation, another online advocacy group, has also sharply condemned CISPA for what it means for the future of the Internet. “It effectively creates a ‘cybersecurity’’ exemption to all existing laws,” explains the EFF, who add in a statement of their own that “There are almost no restrictions on what can be collected and how it can be used, provided a company can claim it was motivated by ‘cybersecurity purposes.’”
What does that mean? Both the EFF and CDT say an awfully lot. Some of the biggest corporations in the country, including service providers such as Google, Facebook, Twitter or AT&T, could copy confidential information and send them off to the Pentagon if pressured, as long as the government believes they have reason to suspect wrongdoing. In a summation of their own, the Congressional Research Service, a nonpartisan arm of the Library of Congress, explains that “efforts to degrade, disrupt or destroy” either “a system or network of a government or private entity” is reason enough for Washington to reach in and read any online communiqué of their choice.
The authors of CISPA say the bill has been made “To provide for the sharing of certain cyber threat intelligence and cyber threat information between the intelligence community and cybersecurity entities,” but not before noting that the legislation could be used “and for other purposes,” as well — which, of course, are not defined.
Related articles
US to grant more funds to Israel’s Iron Dome missile system
Press TV – March 28, 2012
The United States is planning to grant more money to Israel’s Iron Dome missile system designed to intercept short-range rockets and mortars.
“Supporting the security of Israel is a top priority of President Obama and Secretary (Leon) Panetta… [The Department of Defense] intends to request an appropriate level of funding from Congress to support such acquisitions based on Israeli requirements and production capacity,” Pentagon Press Secretary George Little said in a statement on Tuesday.
The Obama administration and the US Congress allocated $205 million to Israel’s Iron Dome system in the 2011 budget. The budget for next year demands $3.1 billion in military aid to Israel, which is more than the current level and the highest for any foreign country.
Although the Pentagon statement provided no specific numbers, congressional sources said the purchase of 10 battery systems at a cost of $50 million each is likely to be requested.
Related articles
- Pentagon asks for extra $100 million to Israel for Iran defense (and Congress doubles the tip) (alethonews.wordpress.com)
- Gaza truce declared as Israel hails new missile defense (alethonews.wordpress.com)
Despite Domestic Cuts, U.S. Aid To Israel Up By $25 Million In Proposed Budget
By Saed Bannoura | IMEMC News | February 15, 2012
An examination of the proposed U.S. budget submitted by President Barack Obama to the U.S. Congress this week shows that although billions of dollars will be cut from domestic programs and the U.S. military, annual aid to Israel remains intact, and includes an increase of $25 million from last year.
Last year, the U.S. government gave $3.075 billion in unrestricted aid to Israel, and this year’s proposed budget includes $3.1 billion. This aid is given in addition to around $3 billion in loan guarantees which, unlike other loans, do not have to be paid back.
The cuts in this Congressional budget include an 18% cut in aid to former Soviet republics in Eastern Europe, all of which have much lower GDPs than Israel. In fact, Israel is the only country receiving US aid to be above the 50th percentile economically – Israel is ranked in the richest one-third of countries in the world.
The U.S. State Department will receive a 10% decrease in funding for its programs in Iraq, despite the increased role of the State Department following the withdrawal of the U.S. military. U.S. combat operations overseas will be cut 23%, largely due to the military pullout from Iraq.
President Obama proposed the budget, which equals $3.8 trillion and includes over $1 trillion in cuts, in order to address the massive deficit left by former President George W. Bush. A bi-partisan committee, known as the ‘budget supercommittee’, tasked with recommending cuts last October failed to reach an agreement on what to cut, leaving it up to the President to propose a budget that would significantly reduce the deficit.
U.S. aid to Israel has been a part of each annual Congressional budget since 1967, and the amount has increased over time. Upon taking office, Obama recommended that U.S. aid to Israel continue at the $3 billion a year rate for the next ten years, totaling at least $30 billion (without counting loan guarantees and gifts of weaponry). The U.S. Congress overwhelmingly agreed with this assessment.
Related articles
- U.S. Government Pledges $3.8 Billion In Loan Guarantees To Israel (alethonews.wordpress.com)
- Pentagon asks for extra $100 million to Israel for Iran defense (and Congress doubles the tip) (alethonews.wordpress.com)

