Category Archives: Congress

Globalized torture and American values

What’s wrong with torture?

That might sound like a question that doesn’t need asking, yet given that there are so many answers circulating right now, it’s worth treating this as a question whose answer is not obvious. Moreover, the question needs to be broken down since we need to examine its two components: wrong and torture.

In their public statements, Bush administration officials always tried to duck the issue by claiming that their use of “enhanced interrogation techniques” did not involve torture. The spineless American press corps was complicit in facilitating this PR maneuver by also refraining from using the term torture.

But even while the administration denied approving the use of torture, it simultaneously developed a legal defense on the basis that torture might be a necessity for saving lives.

Despite the fact that for years, American journalists acted like dummies incapable of labeling something as torture unless given permission to do so by the political establishment, there was never much real debate inside the administration about whether its interrogation practices involved torture. The only question was whether they could use torture without risking prosecution.

The so-called “necessity defense” was one that attempted to absolve torturers of moral and legal responsibility for their actions by claiming that they had no choice — that they needed to torture in order to “save lives.”

As soon as the question gets raised — does torture work? in the sense that it might yield life-saving intelligence — the question of the morality of torture has been muddied.

The implication is that if torture could be shown to work, then even if it might be deemed wrong it is nevertheless justifiable because the wrong serves a greater good.

In this regard, many among the American Right — which otherwise postures as the stronghold of moral absolutists — turn out to be moral relativists.

The bipartisan argument against torture is one rooted in nationalism posturing as morality. Thus in her introduction, Senate Select Committee on Intelligence Chairman Dianne Feinstein, writes:

The major lesson of this report is that regardless of the pressures and the need to act, the Intelligence Community’s actions must always reflect who we are as a nation, and adhere to our laws and standards. It is precisely at these times of national crisis that our government must be guided by the lessons of our history and subject decisions to internal and external review.

Instead, CIA personnel, aided by two outside contractors, decided to initiate a program of indefinite secret detention and the use of brutal interrogation techniques in violation of US. law, treaty obligations, and our values.

In its use of torture, the CIA failed to “reflect who we are as a nation,” and it betrayed “our values.”

Torture is wrong — supposedly — because it is un-American.

Ironically, one of the distinguishing features of American values is that they are frequently cited yet rarely articulated.

This habit of invoking American values without spelling out what they are, indicates that to a significant degree, American values are not so much values as they are a form of national vanity.

To offer, “because we are American,” as an explanation for anything is to offer no explanation at all but rather to assert that there is some special virtue in being American.

No doubt, all those who now assert that the use of torture conflicts with our values would say that those values dictate that prisoners should be treated humanely.

Yet to suggest that humane treatment is in some sense a distinctively American virtue implies that it cannot be expected to prevail elsewhere.

Given the lack of human rights across much of the world, there is indeed some commonsense truth to this assumption — but there is also a contradiction.

The contradiction is this: a sense of what is humane rests on a sense of humanity, which is that on a fundamental level human beings are all endowed with the same capacities, and yet if there is a distinct virtue in being American, then supposedly Americans are in an important way different from everyone else.

If America must abstain from torture because it conflicts with America’s self-image, does a non-torturing America assume that torture will continue elsewhere — business as usual in a world that can’t be expected to live up to American values?

Even while the Bush administration refused to acknowledge that it had institutionalized torture, according to an Open Society report published in 2013, it nevertheless managed to win the cooperation of 54 countries in the following ways:

[B]y hosting CIA prisons on their territories; detaining, interrogating, torturing, and abusing individuals; assisting in the capture and transport of detainees; permitting the use of domestic airspace and airports for secret flights transporting detainees; providing intelligence leading to the secret detention and extraordinary rendition of individuals; and interrogating individuals who were secretly being held in the custody of other governments. Foreign governments also failed to protect detainees from secret detention and extraordinary rendition on their territories and to conduct effective investigations into agencies and officials who participated in these operations.

Those countries were:

Afghanistan, Albania, Algeria, Australia, Austria, Azerbaijan, Belgium, Bosnia-Herzegovina, Canada, Croatia, Cyprus, the Czech Republic, Denmark, Djibouti, Egypt, Ethiopia, Finland, Gambia, Georgia, Germany, Greece, Hong Kong, Iceland, Indonesia, Iran, Ireland, Italy, Jordan, Kenya, Libya, Lithuania, Macedonia, Malawi, Malaysia, Mauritania, Morocco, Pakistan, Poland, Portugal, Romania, Saudi Arabia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Syria, Thailand, Turkey, United Arab Emirates, United Kingdom, Uzbekistan, Yemen, and Zimbabwe.

That the U.S. could find so many willing partners is clearly a reflection of American power and the fears that many governments justifiably harbor about being penalized if they were to resist American pressure.

But this also says a lot about prevailing attitudes towards torture. It’s use is always seen as expedient (or inexpedient) and the harm it does tends to be measured more in terms of how it will politically harm the perpetrators rather than the actual victims.

A few months ago, Congress received another report on torture, but this one gained only a fraction of the media and public attention that is being given to the current report.

That lack of attention followed from the fact that neither the torturers nor their victims were American — they were Syrian.

In July, the Daily Beast reported:

The regime of Syrian President Bashar al Assad is holding 150,000 civilians in custody, all of whom are at risk of being tortured or killed by the state, the Syrian defector known as “Caesar” told Congress on Thursday.

According to a senior State Department official, his department initially asked to keep this hearing — in which Caesar displayed new photos from his trove of 55,000 images showing the torture, starvation, and death of over 11,000 civilians — closed to the public, out of concerns for the safety of the defector and his family. Caesar smuggled the pictures out of Syria when he fled last year in fear for his life. Caesar’s trip had been in the works for months.

There was no audio or video recording allowed at the hearing; the House Foreign Affairs Committee said that decision was made in consideration of Caesar’s safety. He sat at the witness table disguised in a baseball cap and sunglasses, with a blue hoodie over his head. “We recommended to Congress a format for today’s briefing that would have allowed press access while addressing any security concerns,” said Edgar Vasquez, a State Department spokesman. A committee staffer alleged State had tried to prevent the hearing from happening at all.

The packed committee room sat in silent horror as new examples of Assad’s atrocities were splashed on the large television screens on the wall and displayed on large posterboards littered throughout the hearing room. Caesar spoke softly to his translator, Mouaz Moustafa, the executive director of the Syrian American Task Force, a Washington-based organization that works with both the Syrian opposition and the U.S. State Department.

“I am not a politician and I don’t like politics,” Caesar said through his translator. “I have come to you honorable Congress to give you a message from the people of Syria… What is going on in Syria is a genocidal massacre that is being led by the worst of all the terrorists, Bashar al Assad.”

The international community must do something now or the 150,000 civilians still held in regime custody could meet the same bleak fate, Caesar said. America had been known as a country that protected civilians from atrocities, he argued, referring to past humanitarian crises such as ethnic cleansing in Yugoslavia.

Following the release of the Senate report on torture, President Obama said: “I hope that today’s report can help us leave these techniques where they belong — in the past.”

Move on, don’t look back, and ignore the rest of the world — these are the prevailing American values and they express no guiding morality, but instead an abiding indulgence in ignorance.

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Obama administration still operates under Bush torture memos

Gregg Levine writes: With today’s release of what is being shorthanded as the “torture report” (in reality, an executive summary less than one-tenth the size of the full classified document), America now has the printed consensus behind President Barack Obama’s August admission (for lack of a better word): “We tortured some folks.”

“While the Office of Legal Counsel found otherwise between 2002 and 2007, it is my personal conclusion that, under any common meaning of the term, CIA detainees were tortured,” said Sen. Diane Feinstein, D-Calif., chairwoman of the Senate Intelligence Committee.

But, as noted in today’s release, the Bush OLC knew they were doing legal gymnastics. White House lawyers specifically asked the Attorney General for “a formal declination of prosecution, in advance” for anyone the US oversaw who employed the techniques we now all understand to be torture. They knew in advance that the acts that were illegal, so they asked — in advance — for a blanket amnesty.

They knew it was illegal then, so what does that mean today?

As is implied by Feinstein’s use of those dates, and was likely inferred by most who heard the president this summer, the summary of the Senate Select Committee on Intelligence torture report is looking backward (something Obama pooh-poohed in his earliest days in office), with the assumption that after 2007, or at least after the 2009 handover at the White House, everything changed.

But it is the reference to the OLC findings — in the summary and in Feinstein’s statement — that sort of strips the insulation off that convenient construct. [Continue reading…]

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The CIA’s torture report response

Micah Zenko writes: There will be a tremendous number of reactions to the graphic and troubling findings contained in the Senate Select Committee on Intelligence (SSCI) study’s executive study of the CIA’s detention and interrogation program. There will be far fewer reactions to the CIA response to the SSCI, in the form of a June 27, 2013, memo that the CIA released today. According to a forward from Director of Central Intelligence John Brennan, “The CIA’s comments on the Study were the result of a comprehensive and thorough review of the Study’s 20 conclusions and 20 case studies.” However, there is one CIA acknowledgment that should be as disturbing as anything that is contained within the SSCI study itself.

Page 24 of the CIA memo addresses the SSCI’s conclusion that the “CIA never conducted its own comprehensive analysis of the effectiveness of the CIA’s enhanced interrogation techniques.” The CIA’s response:

We agree with Conclusion 10 in full. It underpins the most important lesson that we have drawn from The Study: CIA needs to develop the structure, expertise, and methodologies required to more objectively and systematically evaluate the effectiveness of our covert actions.

We draw this lesson going forward fully aware of how difficult it can be to measure the impact of a particular action or set of actions on an outcome in a real-world setting.

Therefore, the CIA admitted that—as late as June 2013—it was simply incapable of evaluating the effectiveness of its covert activities. This apparently made it impossible for CIA officials and those within the Counterterrorism Center (CTC), who were responsible for detaining and interrogating the 119 known detainees, to examine and assess if this detention and interrogation program was working at all. [Continue reading…]

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CIA torture report may set off global prosecutions

Eli Lake and Josh Rogin write: The release of the Senate Intelligence Committee’s report on the CIA’s secret prisons roiled Washington Tuesday, but its real impact could be felt in courtrooms across the globe in the months and years to come.

Attorneys for human rights organizations are now poring over the 525-page declassified summary of the Senate majority report to find new material that could revive long-dormant and failed civil and criminal lawsuits on behalf of those detained by the Central Intelligence Agency.

While many American and international nongovernmental organizations have mounted legal challenges on behalf of people who were detained, transferred and harshly interrogated by the CIA and allied governments, these court challenges have rarely been successful. One reason is that the Justice Department under Presidents George W. Bush and Barack Obama have asserted that almost all details about the CIA program were a state secret. And while some government reports have been released about the black sites, the Senate committee’s majority report released Tuesday is the most comprehensive and detailed document to date. [Continue reading…]

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CIA paid torture instructors more than $80 million

NBC News reports: The CIA contractors who helped develop and operate the “enhanced interrogation techniques” that the agency used on terror suspects, including waterboarding, were paid more than $80 million, according to the Senate Select Committee on Intelligence report on the CIA’s interrogation program released Tuesday.

The contract was for more than $180 million, but the contractors had only received $81 million when their contract was terminated in 2009.

Although the committee identified the contractors via pseudonyms, NBC News has previously identified them as Mitchell, Jessen & Associates, a Spokane, Washington, company run by two psychologists, Dr. John “Bruce” Jessen and Dr. James Mitchell, who had both previously worked with the U.S. Air Force. [Continue reading…]

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Senate report on CIA use of torture

This is the declassified, redacted, 525-page Executive Summary of the U.S. Senate Intelligence Committee’s torture report which was approved for release two years ago but has not until today been made public.

The New York Times reports: A scathing report released by the Senate Intelligence Committee on Tuesday found that the Central Intelligence Agency routinely misled the White House and Congress about the information it obtained from the detention and interrogation of terrorism suspects, and that its methods were more brutal than the C.I.A. acknowledged either to Bush administration officials or to the public.

The long-delayed report, which took five years to produce and is based on more than six million internal agency documents, is a sweeping indictment of the C.I.A.’s operation and oversight of a program carried out by agency officials and contractors in secret prisons around the world in the years after the Sept. 11, 2001, terrorist attacks. It also provides a macabre accounting of some of the grisliest techniques that the C.I.A. used to torture and imprison terrorism suspects.

Detainees were deprived of sleep for as long as a week, and were sometimes told that they would be killed while in American custody. With the approval of the C.I.A.’s medical staff, some C.I.A. prisoners were subjected to medically unnecessary “rectal feeding” or “rectal hydration” — a technique that the C.I.A.’s chief of interrogations described as a way to exert “total control over the detainee.” C.I.A. medical staff members described the waterboarding of Khalid Shaikh Mohammed, the chief planner of the Sept. 11 attacks, as a “series of near drownings.”

The report also suggests that more prisoners were subjected to waterboarding than the three the C.I.A. has acknowledged in the past. The committee obtained a photograph of a waterboard surrounded by buckets of water at the prison in Afghanistan commonly known as the Salt Pit — a facility where the C.I.A. had claimed that waterboarding was never used. One clandestine officer described the prison as a “dungeon,” and another said that some prisoners there “literally looked like a dog that had been kenneled.” [Continue reading…]

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Dick Cheney was lying about torture

Mark Fallon writes: It’s official: torture doesn’t work. Waterboarding Khalid Sheikh Mohammed, the mastermind of 9/11, did not in fact “produce the intelligence that allowed us to get Osama bin Laden,” as former Vice President Dick Cheney asserted in 2011. Those are among the central findings of the Senate Intelligence Committee report on CIA interrogation and detention after 9/11.

The report’s executive summary is expected to be released Tuesday. After reviewing thousands of the CIA’s own documents, the committee has concluded that torture was ineffective as an intelligence-gathering technique. Torture produced little information of value, and what little it did produce could’ve been gained through humane, legal methods that uphold American ideals.

I had long since come to that conclusion myself. As special agent in charge of the criminal investigation task force with investigators and intelligence personnel at Guantanamo Bay, Afghanistan, and Iraq, I was privy to the information provided by Khalid Sheik Mohammed. I was aware of no valuable information that came from waterboarding. And the Senate Intelligence Committee—which had access to all CIA documents related to the “enhanced interrogation” program—has concluded that abusive techniques didn’t help the hunt for Bin Laden. Cheney’s claim that the frequent waterboarding of Khalid Sheikh Mohammed “produced phenomenal results for us” is simply false. [Continue reading…]

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CIA won’t defend its one-time torturers

The Daily Beast reports: There may have been bourbon punch and festive lights at the CIA’s holiday party Friday night, but a frosty gloom hung in the air.

As everyone in the agency’s Langley, Va., headquarters knew, the long-awaited “torture report” from the Senate Intelligence Committee’s Democrats was set to drop early the next week, perhaps as soon as Monday morning. It seemed a rather awkward time for a party.

The CIA’s response to the report will be muted. The agency will neither defend the so-called rendition, detention, and interrogation programs. Nor will the CIA disavow those controversial efforts entirely. According to current and former officials familiar with the higher-ups’ thinking, CIA Director John Brennan is likely to keep his powder dry and essentially agree to disagree with the agency’s critics. Even though some CIA employees remain convinced that brutal interrogations of suspected terrorists, including waterboarding, produced useful information that helped prevent terrorist attacks, the agency’s leaders will take no position on whether that information could have been obtained through less coercive means.

Such a Jesuitical response will do absolutely nothing to satisfy critics of the program or its supporters — some of whom still go work at Langley every day. But it’s the result of the precarious political position that Brennan finds himself in now. [Continue reading…]

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Obama administration again tries to block release of CIA torture report

The New York Times reports: The Senate Intelligence Committee on Friday faced a new obstacle in its efforts to make public its report on the torture of prisoners once held by the Central Intelligence Agency after last-minute warnings from the Obama administration that the report’s release could ignite new unrest in the Middle East and put American hostages at risk.

The warnings were delivered on Friday during a phone call between Secretary of State John Kerry and Senator Dianne Feinstein, the California Democrat who leads the committee. According to congressional officials, Mr. Kerry warned that allies were concerned that the report could incite violence in the Middle East.

Ms. Feinstein had planned to make the report public next week, but it is uncertain whether the call from Mr. Kerry would affect that timetable.

The exchange between Mr. Kerry and Ms. Feinstein is just the latest turn in the protracted dispute over the Intelligence Committee’s investigation into the detention and interrogation of C.I.A. prisoners during the Bush administration, an investigation that set out to examine the efficacy of the brutal interrogation methods. [Continue reading…]

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Inside the battle over the CIA torture report

Josh Rogin and Eli Lake write: After months of internal wrangling, the Senate Intelligence Committee is finally set to release its report on President George W. Bush-era CIA practices, which among other details will contain information about foreign countries that aided in the secret detention and interrogation of suspected terrorists.

Several U.S. officials told us that the negotiations are nearly complete between the Central Intelligence Agency and the committee’s Democratic staff, which prepared the classified 6,300-page report and its 600-page, soon-to-be-released declassified executive summary. Dianne Feinstein, the committee’s chairman, is set to release the summary early next week. Her staff members had objected vigorously to hundreds of redactions the CIA had proposed in the executive summary. After an often-contentious process to resolve the disputes, managed by top White House officials, Feinstein was able to roll back the majority of the disputed CIA redactions.

Among the most significant of Feinstein’s victories, the report will retain information on countries that aided the CIA program by hosting black sites or otherwise participating in the secret rendition of suspected terrorists. The countries will not be identified by name, but in other ways, such as code names like “Country A.” This falls short of Feinstein’s original desire, which was to name the countries explicitly, but represents a big victory for the committee nonetheless. [Continue reading…]

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Rand Paul calls for a formal declaration of war against ISIS

The New York Times reports: Senator Rand Paul is calling for a declaration of war against the Islamic State, a move that promises to shake up the debate over the military campaign in Iraq and Syria as President Obama prepares to ask Congress to grant him formal authority to use force.

Mr. Paul, a likely presidential candidate who has emerged as one of the Republican Party’s most cautious voices on military intervention, offered a very circumscribed definition of war in his proposal, which he outlined in an interview on Saturday. He would, for instance, limit the duration of military action to one year and significantly restrict the use of ground forces.

Unlike other resolutions circulating on Capitol Hill that would give the president various degrees of authority to use force against Islamic militants, Mr. Paul would take the extra step of declaring war — something Congress has not done since World War II. [Continue reading…]

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Highest-value terror detainees excluded from Senate investigation of CIA torture

The Guardian reports: A widely anticipated report by the Senate intelligence committee into torture committed by the Central Intelligence Agency has a hole at the center of its story: the men the CIA tortured.

Lawyers for four of the highest-value detainees ever held by the CIA, all of whom have made credible allegations of torture and all of whom remain in US government custody, say the Senate committee never spoke with their clients. In some cases the Senate’s investigators never attempted to speak with the men whose abuse is at the heart of what the committee spent over four years investigating.

The absence of the torture victims’ accounts calls the thoroughness of the Senate committee inquiry “directly into question”, said David Nevin, who represents accused 9/11 architect Khalid Sheikh Mohammed.

“If you’re conducting a genuine inquiry of a program that tortured people, don’t you begin by talking to the people who were tortured? It seems here, as far as my client is concerned, no effort was made to do that.” [Continue reading…]

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White House sides with CIA in effort to shield torturers

The New York Times reports: In a tense confrontation with President Obama’s closest adviser on Thursday, a group of Senate Democrats accused the White House of trying to censor significant details in a voluminous report on the use of torture by the Central Intelligence Agency.

During a closed-door meeting on Capitol Hill with Denis R. McDonough, the White House chief of staff, the senators said that the White House was siding with the C.I.A. and trying to thwart negotiations over the report’s release. The negotiations have dragged on for months because of a dispute over the C.I.A.’s demand that pseudonyms of agency officers be deleted from the report.

The C.I.A., supported by the White House, has argued that even without using the real names of the officers, their identities could still be revealed.

According to several people in attendance, the meeting was civil, but neither side gave ground, and it ended without resolution. The Senate Intelligence Committee spent five years working on the 6,000-page report, which is said to provide grim details about the torture of detainees in C.I.A. prisons during the Bush administration, and describe a persistent effort by C.I.A. officials to mislead the White House and Congress about the efficacy of its interrogation techniques. The committee voted this year to declassify the report’s executive summary, numbering several hundred pages, but the fight over redactions has delayed the release.

The confrontation on Thursday was a sign that Senate Democrats are worried that whatever leverage they have in having the report declassified on their terms is dwindling. Republicans will take control of the Senate in January, and the Intelligence Committee’s new leadership could choose to drag out the report’s release even longer. Most Republican members of the committee have long been opposed to the investigation — which they have said is a partisan attempt to discredit the Bush administration — although several committee Republicans voted in favor of declassifying the report’s executive summary.

With their time in power running out, some Democrats have suggested that they might take the extreme step of bypassing the executive branch and declassifying the report themselves. One option would be to use an arcane Senate procedure to release the report, and another would be to use the Constitution’s “speech or debate clause” to read it into the record from the Senate floor — an echo of 1971, when Senator Mike Gravel of Alaska read parts of the Pentagon Papers aloud in a Senate committee hearing.

Senator Mark Udall of Colorado, a Democratic member of the Intelligence Committee who recently lost a bid for re-election, suggested recently he might resort to this tactic. [Continue reading…]

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Between China and Keystone XL

Elizabeth Kolbert writes: On Tuesday evening, when Senate Democrats rejected efforts to force a vote approving the Keystone XL pipeline, they knew they were just delaying the inevitable. The measure was defeated by one vote, and several naysayers will no longer be around come January. The new, Republican-controlled Senate will take up the measure again — “This’ll be an early item on the agenda in the next Congress,” incoming Senate Majority Leader Mitch McConnell vowed on Tuesday night — and, the next time around, everyone knows, it will pass. In preparation for this eventuality, White House officials have begun hinting that President Barack Obama might be willing to trade approval of the pipeline for Republican acceptance of one of his favored policies.

If this is indeed the President’s plan, let’s hope he asks the right price. Otherwise, his claim to an environmental legacy will end up being what he traded away. As it happens, the Keystone vote came exactly one week after Obama and China’s President, Xi Jinping, announced that they had agreed on a plan to curb carbon emissions. Under the agreement, China, which is now the world’s largest greenhouse-gas emitter on an annual basis, would cap its emissions by 2030. For its part, the United States, which is still the world’s greatest emitter on a cumulative basis, would reduce its emissions by twenty-eight per cent by 2025. (This is against a 2005 baseline — U.S. emissions have already fallen about ten per cent since that year, owing, in part, to a substitution of natural gas for coal in electricity production.) Obama called the agreement “historic,” and rightly so. It marks the first time that China has officially acknowledged that its rapidly rising emissions need to stop rising, and it also offers a significantly more ambitious goal for the U.S. than it has previously been willing to commit to. Grist called the deal “a game changer,” while Vox labelled it a “BFD.” Many commentators noted that the odds of getting a meaningful global agreement on climate change at a summit scheduled for next year in Paris — odds that had seemed close to zero — suddenly looked a good deal better. The U.S.-China deal, as a Guardian editorial put it, “transforms the prospects” for the summit.

President Obama deserves a great deal of credit for the agreement, as does Secretary of State John Kerry, who conducted the behind-the-scenes negotiations. But, as many commentators have also noted, the deal doesn’t get the U.S. or China remotely near where they need to be if the world is to avoid disaster — which both countries, along with pretty much every other state in the world, have defined as warming of more than two degrees Celsius. Chris Hope, a policy researcher at Cambridge University, ran the terms of the agreement through what’s known as an “integrated assessment model.” He also included in his analysis a recent commitment by the European Union to cut its emissions by forty per cent before 2030. He found that even if all of the pledges made so far are fulfilled, there will be “less than a 1% chance of keeping the rise in global mean temperatures” below two degrees Celsius: “Most likely the rise will be about 3.8° C.” [Continue reading…]

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Top Senators oppose CIA move to destroy email

The Wall Street Journal reports: The top Democrat and Republican on the Senate intelligence committee announced Wednesday their opposition to a move by the Central Intelligence Agency to eventually destroy email of all but a small number of top agency officials.

The bipartisan opposition to the proposal may derail the CIA’s plans for the eventual elimination of email of all but the highest ranking 22 CIA officials, a move that comes at a time when the Obama administration has been vowing greater transparency by intelligence agencies.

The CIA’s email plans were tentatively approved in August by the U.S. National Archives and Records Administration, which oversees U.S. government document-retention policies. It spent nearly seven months evaluating the proposal. [Continue reading…]

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NSA phone data collection could go on, even if a law expires

The New York Times reports: A little-known provision of the Patriot Act, overlooked by lawmakers and administration officials alike, appears to give President Obama a possible way to keep the National Security Agency’s bulk phone records program going indefinitely — even if Congress allows the law on which it is based to expire next year.

Senate Republicans on Tuesday night used a filibuster to block consideration of a bill to end and replace the N.S.A. phone records program. The debate about what may happen next has played out based on a widely held premise: that the legal basis for the program, Section 215 of the Patriot Act, will expire on June 1, so if Congress remains gridlocked, the program will automatically shut down.

“I believe that if we do not pass this bill, the metadata program is at risk because the 215 program sunsets next year,” Senator Dianne Feinstein, Democrat of California, said in Tuesday night’s debate. But that premise may be incorrect. If the summer arrives and the program is facing a shutdown, Mr. Obama could invoke the provision to ask the Foreign Intelligence Surveillance Court to keep it going.

Several executive branch officials said the administration had not been studying that option and expressed doubt that Mr. Obama would take such a step, or that the Surveillance Court would agree to it if he tried. Still, the mere existence of a potential way for the program to keep going without congressional action could recast the debate. [Continue reading…]

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The Keystone XL’s Senate failure isn’t the end of the pipeline as an act of war

Vi Waln writes: My Lakota people have a phrase – Mni Wiconi – which means “water of life”. Water is also Pejuta – our primary medicine. It is an extremely sacred element without which we cannot live, yet many people take it for granted. They do not realize: when our drinking-water sources are gone or contaminated, humanity will perish.

Water is also present in every single Lakota ceremony at which I pray – it is essential to our ceremonial way of life. Like our ancestors who sacrificed their very lives for our survival, many of us pray for the descendants who will soon stand in our place, and one of our most important prayers is for our descendants to always have an abundance of clean drinking water.

But TransCanada’s Keystone XL oil pipeline (KXL), which the company has proposed building directly over the Ogallala Aquifer, is still an immediate threat to all of us who drink water from that underground reservoir.

The Ogallala Aquifer is a major water supply for eight states, from here in North Dakota down to Texas and all the way out to New Mexico. Without clean water, these eight states will become uninhabitable. Many people – Indian and non-Indian alike – are prepared to fight the pipeline’s construction to protect the water and land, no matter the result of Tuesday evening’s vote in the US Senate.

Many Lakota people in particular view the construction of this pipeline through our treaty territory as a true act of war. [Continue reading…]

The Guardian reports: The most significant attempt yet to force US government approval of the Keystone XL oil pipeline failed narrowly to clear the Senate on Tuesday night as a coalition of Republicans and moderate Democrats fell one vote short of the 60 votes needed for the legislation to pass.

Fourteen Democrats, led by Louisiana senator Mary Landrieu, joined all 45 Republicans in voting for the bill, which called for the controversial energy project to be given immediate go-ahead after years of delay due to environmental concerns.

A similar bill was passed in the House of Representatives on Friday.

But, as expected, the bipartisan coalition failed to win over sufficient wavering Democrats, such as Jay Rockefeller of West Virginia and independent Maine senator Angus King, who joined the party’s leadership and opposed the bill for a total of 41 votes against.

Landrieu, who is fighting to hold on to her seat in a run-off election next month, had called for the bill in a last-ditch effort to shore up her support in Louisiana. She attempted to heal party rifts afterwards, telling reporters in the Senate: “there is no blame, there is only joy in the fight”.

Nevertheless the size of the Democratic rebellion may put additional pressure on the White House to approve construction of the pipeline in future if, as promised, Republicans make a fresh attempt to pass legislation when the new Senate is sworn in next January. [Continue reading…]

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Bill to restrict NSA data collection blocked in vote by Senate Republicans

The New York Times reports: Senate Republicans on Tuesday blocked a sweeping overhaul of the once-secret National Security Agency program that collects records of Americans’ phone calls in bulk.

Democrats and a handful of Republicans who supported the measure failed to secure the 60 votes they needed to take up the legislation. The vote was 58 to 42 for consideration.

Senator Patrick J. Leahy, the Vermont Democrat who drafted the bill, blamed what he said was fear-mongering by the bill’s opponents for its defeat. “Fomenting fear stifles serious debate and constructive solutions,” he said. “This nation deserves more than that.” [Continue reading…]

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