Category Archives: Congress

NSA reforms threatened by ‘business-as-usual brigade’, Ron Wyden warns

The Guardian reports: The Democratic senator leading congressional efforts to rein in the National Security Agency warned on Wednesday that senior intelligence and administration officials will attempt to block any meaningful change while publicly speaking the language of reform.

Ron Wyden, a member of the Senate intelligence committee, told a conference on the NSA and privacy at the Cato Institute in Washington that the reform campaign was at a pivotal moment, with the Senate and the House of Representatives to examine new surveillance legislation over the next few weeks.

But, Wyden said, the American public should not be fooled by what he called the “business-as-usual brigade” – made up of intelligence officials, their supporters in Congress, thinktanks and the media.

They will “try mightily to fog up the surveillance debate and convince Congress and the public that the real problem here is not overly intrusive, constitutionally flawed domestic surveillance, but sensationalistic media reporting”, Wyden said. “Their endgame is ensuring that any surveillance reforms are only skin deep.” [Continue reading…]

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NSA admits grossly exaggerating effectiveness of mass surveillance in thwarting terrorism

The Washington Times reports: The Obama administration’s credibility on intelligence suffered another blow Wednesday as the chief of the National Security Agency admitted that officials put out numbers that vastly overstated the counterterrorism successes of the government’s warrantless bulk collection of all Americans’ phone records.

Pressed by the Democratic chairman of the Senate Judiciary Committee at an oversight hearing, Gen. Keith B. Alexander admitted that the number of terrorist plots foiled by the NSA’s huge database of every phone call made in or to America was only one or perhaps two — far smaller than the 54 originally claimed by the administration.

Gen. Alexander and other intelligence chiefs have pleaded with lawmakers not to shut down the bulk collection of U.S. phone records despite growing unease about government overreach in the program, which was revealed in documents leaked by former NSA contractor Edward Snowden.

“There is no evidence that [bulk] phone records collection helped to thwart dozens or even several terrorist plots,” Sen. Patrick J. Leahy, Vermont Democrat and committee chairman, told Gen. Alexander of the 54 cases that administration officials — including the general himself — have cited as the fruit of the NSA’s domestic snooping.

“These weren’t all plots and they weren’t all foiled,” he said.

Mr. Leahy and Rep. F. James Sensenbrenner Jr., Wisconsin Republican and author of the USA Patriot Act, which the government says allows bulk data collection, are working on a bill to roll back that authority.

In a summary they floated to colleagues Wednesday, the men said they would end bulk collection and require the NSA to show that the data it is seeking are relevant to an authorized investigation and involve a foreign agent.

The two lawmakers also proposed a special advocacy office with appellate powers to be part of the proceedings in the secret Foreign Intelligence Surveillance Court, and requiring the court to release secret opinions that lay out major interpretations of law.

Mr. Leahy, who has been a chief critic of the NSA, asked Gen. Alexander to admit that only 13 of the 54 cases had any connection at all to the U.S., “Would you agree with that, yes or no?”

“Yes,” Gen. Alexander replied in a departure from normal practice.

Administration officials giving testimony to Congress, even when asked to confine themselves to a simple yes or no, rarely do.

In response to a follow-up question, Gen. Alexander also acknowledged that only one or perhaps two of even those 13 cases had been foiled with help from the NSA’s vast phone records database. [Continue reading…]

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NSA had test project to collect data on Americans’ cellphone locations, director says

The Washington Post reports: The National Security Agency began a test project in 2010 to collect data on ordinary Americans’ cellphone locations, but later discontinued it because it had no “operational value,” the agency’s director said Wednesday.

In response to questioning at a Senate hearing, Gen. Keith Alexander said that the secret effort ended in 2011 and that the data collected were never available for intelligence analysis purposes.

“This may be something that is a future requirement for the country, but it is not right now,” given that the FBI is able to gather the location of suspects’ cellphones by obtaining warrants from a court, Alexander told the Senate Judiciary Committee.

The disclosure came just a week after Alexander declined to answer whether the NSA had ever sought the authority to obtain such data. But Sen. Ron Wyden (D-Ore.), an Intelligence Committee member who has been pressing this issue for at least two years, suggested Wednesday that officials were still withholding significant information.

“After years of stonewalling on whether the government has ever tracked or planned to track the location of law abiding Americans through their cell phones, once again, the intelligence leadership has decided to leave most of the real story secret — even when the truth would not compromise national security,” Wyden said in a statement. [Continue reading…]

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Somebody in government finally asks a taxing question about the next war

Walter Pinkus writes: At last, after 11 years of the United States at war, a few minutes of public discussion of a tax to pay for the fighting. But that would be for the next war.

“What would be the impact of going to war again without committing to pay for that war with up-front taxes, something we did not do in either Iraq or Afghanistan, for the first time in the history of the country?” Sen. Patrick J. Leahy (D-Vt.) asked Defense Secretary Leon E. Panetta at a Senate Defense Appropriation subcommittee hearing on June 13.

That’s a question that should be asked before any president sends U.S. forces into a fight overseas or members of Congress propose legislation that authorizes some sort of military action abroad.

“We basically ran that war [Iraq] on a credit card,” Leahy told Panetta, who was there to discus the fiscal 2013 Defense Appropriations bill. “Now we find people who are calling for more military action in other parts of the world; at the same time, they do not want to consider any way of paying for it.”

No details were mentioned, but Leahy obviously was thinking about the drumbeat to provide air cover and arms to the Syrian opposition to President Bashar al-Assad coming from Sens. John McCain (R-Ariz.), Lindsey O. Graham (R-S.C.) and Joseph I. Lieberman (I-Conn.), as well as from the presumptive GOP presidential candidate Mitt Romney and his advisers. And who is ready to pay for whatever it may take if the United States has to resort to military action to keep Iran from getting a nuclear weapon? The Libyan effort cost more than $1 billion.

Leahy could also have been thinking about Congress authorizing President Obama’s sending of 100 Special Forces into Central Africa in October. They are providing support to Ugandan, Congolese and Central African Republic units searching for the ruthless Joseph Kony and his Lord’s Resistance Army.

Panetta gave the answer you would expect from a former House Budget Committee chairman, Office of Management and Budget director and chief of staff to President Bill Clinton. As Clinton’s chief of staff in 1996, he helped negotiate a budget compromise with Republican congressional leaders.

“Obviously,” Panetta told the senators, “if we repeated the mistake of not paying for the war that we decide to engage in, whatever that might be, the results would be that you would simply add more to the deficit and to the debt of this country for the future. You just put that burden on our kids for the future.”

He added, “All of us bear some responsibility to pay those costs if we’re willing to engage in war.”

How quickly would Congress have voted in October 2002, on the eve of a congressional election, to give President George W. Bush authority to use force in Iraq if the resolution also contained a provision to raise taxes?

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Congressmen seek to lift propaganda ban

Michael Hastings reports: An amendment that would legalize the use of propaganda on American audiences is being inserted into the latest defense authorization bill, BuzzFeed has learned.

The amendment would “strike the current ban on domestic dissemination” of propaganda material produced by the State Department and the Pentagon, according to the summary of the law at the House Rules Committee’s official website.

The tweak to the bill would essentially neutralize two previous acts—the Smith-Mundt Act of 1948 and Foreign Relations Authorization Act in 1987—that had been passed to protect U.S. audiences from our own government’s misinformation campaigns.

The bi-partisan amendment is sponsored by Rep. Mac Thornberry from Texas and Rep. Adam Smith from Washington State.

In a little noticed press release earlier in the week — buried beneath the other high-profile issues in the $642 billion defense bill, including indefinite detention and a prohibition on gay marriage at military installations — Thornberry warned that in the Internet age, the current law “ties the hands of America’s diplomatic officials, military, and others by inhibiting our ability to effectively communicate in a credible way.”

The bill’s supporters say the informational material used overseas to influence foreign audiences is too good to not use at home, and that new techniques are needed to help fight Al-Qaeda, a borderless enemy whose own propaganda reaches Americans online.

Critics of the bill say there are ways to keep America safe without turning the massive information operations apparatus within the federal government against American citizens. [Continue reading…]

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The NDAA’s historic assault on American liberty

Jonathan Turley writes: President Barack Obama rang in the New Year by signing the NDAA law with its provision allowing him to indefinitely detain citizens. It was a symbolic moment, to say the least. With Americans distracted with drinking and celebrating, Obama signed one of the greatest rollbacks of civil liberties in the history of our country … and citizens partied in unwitting bliss into the New Year.

Ironically, in addition to breaking his promise not to sign the law, Obama broke his promise on signing statements and attached a statement that he really does not want to detain citizens indefinitely (see the text of the statement here).

Obama insisted that he signed the bill simply to keep funding for the troops. It was a continuation of the dishonest treatment of the issue by the White House since the law first came to light. As discussed earlier, the White House told citizens that the president would not sign the NDAA because of the provision. That spin ended after sponsor Senator Carl Levin (Democrat, Michigan) went to the floor and disclosed that it was the White House and insisted that there be no exception for citizens in the indefinite detention provision.

The latest claim is even more insulting. You do not “support our troops” by denying the principles for which they are fighting. They are not fighting to consolidate authoritarian powers in the president. The “American way of life” is defined by our constitution and specifically the bill of rights. Moreover, the insistence that you do not intend to use authoritarian powers does not alter the fact that you just signed an authoritarian measure. It is not the use but the right to use such powers that defines authoritarian systems.

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Book examines America’s turn from science, warns of danger for democracy

McClatchy reports: Americans have trouble dealing with science, and one place that’s especially obvious is in presidential campaigns, says Shawn Lawrence Otto, who tried, with limited success, to get the candidates to debate scientific questions in the 2008 presidential election. Otto is the author of a new book, “Fool me twice: Fighting the assault on science in America,” which opens with a quote from Thomas Jefferson: “Whenever the people are well informed, they can be trusted with their own government.” And if the people and their leaders aren’t well informed and don’t use scientific information to solve modern problems, Otto suggests, the United States could soon skid into decline. “Without the mooring provided by the well-informed opinion of the people, governments may become paralyzed or, worse, corrupted by powerful interests seeking to oppress and enslave,” he writes. Today, he adds, Congress seems paralyzed and “ideology and rhetoric increasingly guide policy discussion, often bearing little relationship to factual reality.” In 2008, Otto and a group of other writers tried to organize a presidential debate on science issues. Neither Barack Obama nor John McCain was interested. In the end, the two candidates agreed to respond to 14 questions in writing, and Otto’s group posted them on its ScienceDebate.org website. Otto said the group plans to try for another science debate in 2012. Reporters play a role in whether science is discussed in campaigns. A League of Conservation Voters analysis in early 2008 found that prime-time TV journalists asked 2,975 questions in 171 interviews. Only six questions were about climate change, “and the same could be said of any one of several major policy topoics surrounding science,” Otto writes in the book.

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Big Oil and Canada thwarted U.S. carbon standards

Salon reports: When President Barack Obama decided in early November to delay a decision on TransCanada’s Keystone XL pipeline until after the next election, America’s environmental movement celebrated one of its biggest victories in recent memory. And no doubt the news came as a blow to Alberta’s tar sands industry, and to Canada’s oft-stated dream of becoming the next global energy superpower.

But behind activists’ jubilation lurked a somber reality, an untold story with much wider implications. The broader fight to reform Alberta’s tar sands, the one which actually stood a chance of breaking America’s addiction to the continent’s most polluting road fuel, has been quietly abandoned over the past several years. For that we can thank the planet’s richest oil companies and their Canadian government allies, who’ve together waged a stealthy war against President Obama’s climate change ambitions.

Their battle-plan is revealed in more 300 pages of personal emails obtained through a Freedom of Information request to the Alberta government. The story in the emails, reported for the first time here in Salon and The Tyee, Canada’s leading independent online news site, traces a year in the relationship of Michael Whatley, a GOP-connected oil industry lobbyist and his friend, Gary Mar, a smooth-talking and ambitious diplomat at the Canadian embassy in the Washington, DC.

The messages lay bare a sophisticated and stealthy public relations offensive, one designed to manipulate the U.S. political system; to deluge the media with messages favorable to the tar-sands industry; to sway key legislators at state and federal levels; and most importantly, to defeat any attempt to make the gasoline and diesel pumped everyday into U.S. vehicles less damaging to the climate. The goal of it all? “Defeat” Obama’s effort to reduce carbon consumption and keep America hooked on Canada’s $441 billion tar sands industry, no matter what the cost to our planet’s future.

That campaign has largely succeeded too, with only a small group of players any the wiser.

Reuters reports: Environmental opponents of the Keystone XL tar sands pipeline aimed to deluge the White House and Congress with phone calls on Friday, slamming a Republican plan to speed approval of the project in exchange for extending a payroll tax cut.

“Red alert – call the White House and tell them not to back down to big oil on Keystone,” environmental activist Bill McKibben said in a tweet. McKibben mobilized some 10,000 demonstrators outside the White House earlier this year to protest the pipeline.

A spokesman for Friends of the Earth said a call for grassroots opposition to the deal generated more than 10,000 phone calls to U.S. senators on Friday.

“We are surprised at the extent to which the Republicans have decided to go to bat for Big Oil here,” said Nick Berning, a spokesman for the group. “We’re urging the Democrats to stand strong with the position they’ve articulated and not to cave.”

House Republicans warned last week they planned to include approval of the Keystone pipeline to a payroll tax cut bill, a challenge to President Barack Obama, who has said he would veto such a bill if the pipeline deal is part of it.

But on Friday, a White House spokesman left open the possibility that Obama might consider approving the legislation to get the extended tax cut.

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U.S. Senate passes ‘indefinite detention’ bill

Glenn Greenwald writes: Condemnation of President Obama is intense, and growing, as a result of his announced intent to sign into law the indefinite detention bill embedded in the 2012 National Defense Authorization Act (NDAA). These denunciations come not only from the nation’s leading civil liberties and human rights groups, but also from the pro-Obama New York Times Editorial Page, which today has a scathing Editorial describing Obama’s stance as “a complete political cave-in, one that reinforces the impression of a fumbling presidency” and lamenting that “the bill has so many other objectionable aspects that we can’t go into them all,” as well as from vocal Obama supporters such as Andrew Sullivan, who wrote yesterday that this episode is “another sign that his campaign pledge to be vigilant about civil liberties in the war on terror was a lie.” In damage control mode, White-House-allied groups are now trying to ride to the rescue with attacks on the ACLU and dismissive belittling of the bill’s dangers.

For that reason, it is very worthwhile to briefly examine — and debunk — the three principal myths being spread by supporters of this bill, and to do so very simply: by citing the relevant provisions of the bill, as well as the relevant passages of the original 2001 Authorization to Use Military Force (AUMF), so that everyone can judge for themselves what this bill actually includes (this is all above and beyond the evidence I assembled in writing about this bill yesterday): [Continue reading…]

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AIPAC posterizes Obama in Senate, 100-0

Philip Weiss writes: If you want to understand the pressure that Obama is under from the Israel lobby, consider this greasy story: Last week three high Obama officials urged Senators not to pass an amendment to the huge Defense Authorization Act that would apply far stiffer sanctions to Iran’s central bank than the Obama administration wanted. Two of the officials went to the Hill, and said the amendment would send oil prices higher, among other damaging effects.

But the Senate rebuffed the administration and voted  unanimously, 100-0, for the sanctions.

Why did the Senate put aside appeals from Treasury secretary Tim Geithner, under secretary of the Treasury David Cohen, and Wendy Sherman, #3 at the State Department, all saying that the bill would be bad for business and bad for the U.S.’s efforts to build a coalition on Iran? Why did John Kerry, chairman of Senate Foreign Relations, acknowledge Tim Geithner’s letter against the legislation, and then vote against his president? 

The clear evidence is: because the lobby wanted this amendment and these guys feared for their political lives. AIPAC led the charge. AIPAC rolled the amendment out 3 weeks ago, and then led a letter-writing campaign to US Senators on the amendment, known as Kirk-Menendez (in part for the Senator from AIPAC, Mark Kirk of Illinois). Here’s the AIPAC memo from last month:

Time is running out to prevent Iran from obtaining sufficient quantities of higher enriched uranium to facilitate a quick breakout to produce a nuclear weapon. Together with like-minded nations, the United States must act quickly and with the full force of our remaining economic tools to prevent such a nightmare scenario. 

The president should immediately designate the CBI [Central Bank of Iran] as a weapons proliferator or terror supporter under Executive Order 13224 or 13338. This designation would prohibit foreign banks with operations in the United States from conducting business with the CBI.

The Jewish Institute for National Security Affairs also applauded the amendment. And the Israeli government tweeted a celebration of the “UNANIMOUS” vote last Thursday.

And AIPAC took its scalp: It promptly organized a campaign to thank the Senators for voting for the sanctions.

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Prepare for war: The insane plan to outlaw diplomacy with Iran

Dominic Tierney writes: Working its way through the congressional digestive tract like a poison pill is one of the worst ideas in modern legislative history: a bill that would make it illegal to conduct diplomacy with Iran.

In an almost unprecedented move, the Iran Threat Reduction Act of 2011 (H.R. 1905) includes a clause that reads, “No person employed with the United States Government may contact in an official or unofficial capacity any person that … is an agent, instrumentality, or official of, is affiliated with, or is serving as a representative of the Government of Iran.”

The notion of outlawing contact with Iran is one of those ideas that at first glance sounds merely awful — and then upon reflection, seems truly dreadful.

The United States does not have formal relations with Iran but Washington engages in a variety of unofficial contacts, most of which would become illegal. The bill would outlaw discussion with Iran about ways to end its nuclear program, even though this is a supposed aim of U.S. foreign policy. It would also stop the United States and Iran from cooperating in areas like Afghanistan, where there is actually some overlap of interests in avoiding a Taliban resurgence.

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Senate votes not to vote on indefinite detention on Americans

Adam Serwer writes: Can Americans be indefinitely detained by the military on suspicion of terrorism if arrested on American soil? Thursday evening the Senate added a compromise amendment to the defense spending bill that states: Maybe. Specifically, it says the bill does not alter current authorities relating to detention, leaving either side free to argue whether current law allows or prohibits indefinite military detention of Americans captured in the US.

The compromise amendment passed by a 99-1 after a previous effort by Senator Dianne Feinstein (D-Calif) that would have explicitly prevented the indefinite detention of Americans without trial failed 45-55. Several Democrats joined Republicans in blocking the latter amendment with Republican Senators Mike Lee (R-Utah) Rand Paul (R-Ky) and Mark Kirk (R-Ill) joining most Democrats in voting for Feinstein’s amendment.

The reason the compromise amendment worked is that it leaves the question of domestic military detention open, leaving the matter for Supreme Court to resolve should a future president decide to assert the authority to detain a US citizen on American soil. Senators who defended the detention provisions can continue to say that current law allows Americans to be detained based on the 2004 Hamdi v Rumsfeld case in which an American captured fighting in Afghanistan was held in military detention. Opponents can continue to point out that the Hamdi case doesn’t resolve whether or not Americans can be detained indefinitely without charge if captured in their own country, far from any declared battlefield. They have the better of the argument.

Dahlia Lithwick writes: The detainee language only makes us all safer if you assume that “they” are always guilty whenever the government says so. It’s the job of the courts to decide whether the government is right. Justice Antonin Scalia himself put it this way: “Where the Government accuses a citizen of waging war against it, our constitutional tradition has been to prosecute him in federal court for treason or some other crime. … The very core of liberty secured by our Anglo-Saxon system of separated powers has been freedom from indefinite imprisonment at the will of the Executive.”

One of the two Republican senators to vote for the Udall Amendment yesterday was Sen. Rand Paul, who quoted Thomas Jefferson: “The means of defense against foreign danger historically have become instruments of tyranny at home.” No. Truer. Words. At this moment in America we seem to be so fond of dividing Americans into us and them that we have created all sorts of intriguing new legal double standards for the thems. Don’t think for a minute that these new powers will be used only against suspected terrorists. We already know that suspected illegal immigrants, suspected environmental activists, and suspected protesters have very different legal rights—which is to say, far more limited rights—than anyone else. And as Benjamin Wallace Wells detailed last August, the landmark anti-terror legislation known as the Patriot Act has, in the 10 years since its passage, been used in 1,618 drug cases and 15 terrorism cases. You’d never know it from watching the GOP hopefuls joyfully demonize women, immigrants, the poor, the prisoners, OWS protesters, and union members, but at some point, them always becomes us.

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Senate bill grants power to imprison Americans indefinitely without trial

The New York Times reports: Defying the Obama administration’s threat of a veto, the Senate on Tuesday voted to increase the role of the military in imprisoning suspected members of Al Qaeda and its allies — including people arrested inside the United States.

By a vote of 61 to 37, the Senate turned back an effort to strip a major military bill of a set of disputed provisions affecting the handling of terrorism cases. While the legislation still has several steps to go, the vote makes it likely that Congress will eventually send to President Obama’s desk a bill that contains detainee-related provisions his national-security team has said are unacceptable.

The most disputed provision would require the government to place into military custody any suspected member of Al Qaeda or one of its allies connected to a plot against the United States or its allies. The provision would exempt American citizens, but would otherwise extend to arrests on United States soil. The executive branch could issue a waiver and keep such a prisoner in the civilian system.

A related provision would create a federal statute saying the government has the legal authority to keep people suspected of terrorism in military custody, indefinitely and without trial. It contains no exception for American citizens.

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How Occupy stopped the supercommittee

Dean Baker writes: Those who want lower deficits now also want higher unemployment. They may not know this, but that is the reality – since employers are not going to hire people because the government has cut its spending or fired government employees. The world does not work that way.

While this is the reality, the supercommittee was about turning reality on its head. Instead of the problem being a Congress that is too corrupt and/or incompetent to rein in the sort of Wall Street excesses that wrecked the economy, we were told that the problem was a Congress that could not deal with the budget deficit.

To address this invented problem, the supercommittee created an end-run around the normal congressional process. This was a long-held dream of the people financed by investment banker Peter Peterson. Their strategy was derived from the conclusion that it would not be possible to make major cuts to social security and Medicare through the normal congressional process because these programs are too popular.

Both programs enjoy enormous support across the political spectrum. Even large majorities of self-identified conservatives and Republicans are opposed to cuts in social security and Medicare. For this reason, they have wanted to set up a special process that could insulate members of Congress from political pressure. The hope was that both parties would sign on to cuts in these programs, so that voters would have nowhere to go.

However, this effort went down in flames this week. Much of the credit goes to the Occupy Wall Street (OWS) movement: OWS and the response it has drawn from around the country has hugely altered the political debate. It has put inequality and the incredible upward redistribution of income over the last three decades at the center of the national debate. In this context, it became impossible for Congress to back a package that had cuts to social security and Medicare at its center, while actually lowering taxes for the richest 1%, as the Republican members of the supercommittee were demanding.

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