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“Congress Consorting To Thwart U.S. Diplomacy?”: The NSA Reportedly Spied On Congress. Is That The Real Scandal?

There’s a lot we don’t know beneath The Wall Street Journal‘s report today that the National Security Agency picked up intelligence on meetings with U.S. members of Congress and domestic political groups while spying on the Israeli government after credible reports (subsequently validated by the surveillance) that the Israelis were collecting and leaking intelligence on the sensitive U.S.-Iran nuclear talks.

The story has many dimensions. But, so far, virtually all of the reaction involves two questions: (1) Should the U.S. be spying on our ally Israel? (This was raised immediately if cautiously by Marco Rubio, who’s in a bit of a quandary because he’s normally a fan of surveillance.) And (2) should the Executive branch be spying, even incidentally, on the Legislative branch? (Former House Intelligence Committee chairman Peter Hoekstra called for an investigation of this possibility and for indictments if it turned out to be true.) These are both important and complex issues. But there should be a third question raised as well: Should members of Congress be consorting with agents of a foreign government to thwart U.S. diplomacy?

Perhaps this question seems obvious in the context of a situation where the Speaker of the U.S. House of Representatives invited a foreign prime minister to address Congress with the thinly veiled intention of building opposition to approval of the U.S.-Iran nuclear deal. But most Republicans and some Democrats have long adopted the habit of arguing that the U.S. should defer to Israel on all matters relating to the Middle East, to the point of abandoning any pretense of an independent point of view. The dominant position among Republicans was articulated by Mitt Romney in October of 2012: “The world must never see daylight between our two nations,” meaning the U.S. and Israel. No one was under the illusion that Romney was instructing Israelis to move closer to the U.S.

This was and remains a dangerous and largely unprecedented position. Even if one intends slavish obeisance to a foreign government, there’s something to be said for keeping up the appearance of independence. After all, a lot of the conservatives most determined to carry Bibi Netanyahu’s water in Washington are also outspoken about the U.S. being the unchallenged colossus of global affairs, unconstrained by alliances with Euro-weenie socialists or even friendly relations with Muslim countries. So it would be preferable if American politicians who want to signal to conservative Evangelicals or to Sheldon Adelson that Bibi’s policies will be their own could find a way to do so without meeting with people who are under U.S. intelligence surveillance. Their hatred of Barack Obama is no excuse for disloyalty to the United States.

 

By: Ed Kilgore, Daily Intelligencer, New York Magazine, December 30, 2015

December 31, 2015 Posted by | Congress, Foreign Policy, Israel, National Security Agency, Treason | , , , , , , , | 2 Comments

“Snowden, Go Home”: His Unfinished Business Is In A U. S. Courtroom, Not A Moscow Suburb

Edward Snowden, leaker extraordinaire of classified NSA documents, is said to be seeking an extension of his political asylum in Russia, where he has resided, beyond the reach of US jurisdiction and under legal protection granted by Vladimir Putin personally, for a little over one year. Snowden seems to be settling in for the long haul as a fugitive expatriate.

He is making a mistake. At some point Snowden must return to the US and face the criminal charges pending against him. By postponing this reckoning, he adds to skepticism about his motives. More important, he diminishes his legitimacy as a whistleblower who broke the law to expose government overreaching, change official policy, and vindicate principles of government transparency and individual privacy.

Snowden has portrayed his accessing, copying and distribution (to selected journalists) of NSA records as acts of conscience-and so they may have been. Civil disobedience is a time-honored form of protest, particularly in a democracy. But civil disobedience is not painless; it is not a get-out-of-jail free card.

Civil disobedience assumes-in fact, requires-submission to legal processes: to trial and possible punishment. This, the painful part of civil disobedience, is what distinguishes morally-just protest, on one hand, from mere law-breaking, on the other. Think of Martin Luther King, Jr.

Think also of James Risen, a New York Times reporter who faces sanctions, including jail, for his civil disobedience in defying a court order. Risen has been waging a legal battle to protect his confidential sources for a book revealing classified information on US intelligence operations in Iran. Having appealed all the way to the Supreme Court, to no avail, Risen has run out of legal options (although the Justice Department has hinted that it might back off of enforcing its subpoena demanding Risen’s testimony about confidential sources).

Snowden’s situation and Risen’s are very similar. Both Snowden and Risen are in trouble for disclosing classified information. Snowden has been indicted, while Risen is subject to a court order (that remains intact after multiple appeals). Snowden has fled the country, escaping (at least for now) any legal consequences for his actions. The morally equivalent choice for Risen would be to renege on his promise of confidentiality and to provide sworn testimony to government prosecutors.

The likelihood of Risen, a principled and professional journalist, betraying his source to avoid jail–is zero. For Snowden, too, the moral choice is clear. To legitimize his violations of federal law as acts of conscience, he needs to face the consequences, not run away from them.

If Snowden, instead of going public with his information, had decided to leak his NSA documents on a confidential basis to journalists at The Guardian and the Washington Post, those journalists would today be in the same boat as the New York Times’ Risen-under subpoena and facing prison or other serious sanctions for refusing to comply. Why, then, should the expectations be so different for Snowden?

Snowden no doubt fears going to prison. Who wouldn’t? But Snowden, if he returned to the US, would receive a trial that is not only fair, but a model of due process. Media interest would be off the charts. That would maximize transparency in all court proceedings–which, in turn, would pressure prosecutors to exercise restraint.

Snowden would have the very best criminal defense lawyers in the country (regardless of his ability to pay them). And those lawyers would make the most of the government’s dilemma: having to prove harm to national security, but without revealing sensitive information that could cause still more harm to national security.

Snowden’s lawyers will also insist that he cease all public comments. No more press conferences via Skype, no Twitter or email, no calls with reporters. Total silence, giving his lawyers control over his message and image. For Snowden, who clearly loves the sound of his own voice and delights in dealings with the media, such muzzling may be hard to abide. Still, it’s not a reason for staying on the lam.

Snowden’s unfinished business is in a US courtroom, not a Moscow suburb.

 

By: Peter Scheer, Executive Director, First Amendment Coalition, The Huffington Post Blog, July 16, 2014

July 17, 2014 Posted by | Edward Snowden, National Security Agency | , , , , , , , | Leave a comment

“His Own Worst Enemy”: The 13 Most Bizarre Things From Edward Snowden’s NBC News Interview

While watching Brian Williams’ interview with Ed Snowden, I actually agreed with Glenn Greenwald about something. Back in 2012, Greenwald referred to Williams as “NBC News’ top hagiographer,” using “his reverent, soothing, self-important baritone” to deliver information in its “purest, most propagandistic and most subservient form.”

It’s worth noting at the outset that Greenwald flew all the way to Moscow specifically for the NBC News interview, and he appeared on camera with Snowden and Williams, answering questions from this so-called “hagiographer.”

Now, I’m not a Brian Williams hater. I think he’s a fine news anchor. But his interview with Ed Snowden was yet another in a long, long line of deferential, uninformed, unchallenging genuflections before a guy whose story and motivations are more than a little specious. But it’s not a stretch to presume that Greenwald, the man who once aimed all of his wordy, caustic vitriol in Williams’ general direction, referring to him as possessing “child-like excitement” over gaining access to a source, probably loved every minute of it. However, don’t break out the champagne just yet, NBC News, Greenwald will immediately shift gears sometime very soon and continue to indict any and all mainstream news outlets, including NBC, as being impotent, pernicious, drooling shills for President Obama and the D.C. elite.

So what about the telecast itself? Here are the 13 most bizarre things from Snowden’s NBC News interview.

1) Snowden claimed he has “no relationship” with the Russian government and that he’s “not supported” by it. That’s odd, given how the Russian government has twice offered him asylum and one of his lawyers, Anatoly Kucherena, is an attorney with the Russian intelligence agency, the FSB (formerly the KGB). Tell me again why anyone should trust this guy?

2) “Sometimes to do the right thing you have to break a law.” So it’s really up to each of us individually to decide whether our own interpretation of “doing the right thing” necessitates breaking the law? A lot of awful things have occurred with that exact justification. Also, what if NSA feels the same way, Ed?

3) Snowden said that no one has been harmed by his disclosures. Yet. Already, though, one of his documents escalated tensions between Australia and Indonesia, and another document endangered lives in Afghanistan to the point where Greenwald refused to publish the name of that country. It’s only a matter of time, sadly.

4) Early on, Snowden said, “I’m not a spy.” Later he famously confessed to being “trained as a spy.” Huh?

5) Snowden said he destroyed his documents before going to Russia. This is really strange. I have no idea whether he really destroyed his NSA files, but he did in fact meet with Russian officials in Hong Kong, when he reportedly celebrated his birthday at the Russian consulate. Did he still have his documents at that point? Earlier, he said his goal was to fly to Latin America, so why did he anticipate being in Russia to the point where he destroyed his documents to prevent Russians from acquiring them? These are all follow-up questions that a journalist who was informed about the details of Snowden’s timeline would’ve asked. Williams was not and therefore did not.

6) NSA can “absolutely” turn on your iPhone, which is “pretty scary.” This section was like whiplash. Snowden started out by sounding reasonable by defining that NSA only acquires data when “targeting” drug dealers or terrorists. And then, BLAM!, this shitola about NSA being able to turn on your phone. If true, why hasn’t this been disclosed from Snowden’s NSA documents?

7) Snowden said that by googling the score of a hockey game, NSA can find out whether you’re cheating on your wife. Someone’s been wearing his tinfoil hat a wee bit too tightly.

8) NSA can observe people drafting a document online and “watch their thoughts form as they type.” Let’s assume for a second this is true. Reading your thoughts (IEEEEE!!!) is a hyperbolic internet-age method of essentially describing a wire-tap. A police detective can get a court order to have a suspect’s phone tapped and listen to that suspect forming thoughts on the phone, too. But to call it a “wire-tap” is too ordinary and familiar, so Ed went with mind-reading.

9) Snowden didn’t deny turning over secrets that would be damaging or harmful. He only said journalists have a deal with him not to do it. Just a reminder: we really have no idea how many reporters or organizations have copies of the documents or the total number of documents (it’s a Greenwald/Snowden secret), but we do know that Snowden documents have been reported by so many publications that the question arises: who doesn’t have Snowden documents?

10) Snowden’s watching HBO’s The Wire. The second season, he said, isn’t so good. He’s right.

11) Snowden said he can’t speak out on Russian issues because he can’t speak the language. Hey Ed, here. Free shipping, too. You’re welcome.

12) “People have unfairly demonized the NSA to a point that is too extreme.” Why is Snowden an apologist for the surveillance state? Drooling! Vast!

13) Snowden said he can “sleep at night” because of his actions. Well, good for him.

Ultimately, Snowden is his own worst enemy and his ongoing ability to say crazy things in a calm, collected voice continues. What’s abundantly clear at this point is that no one will ever land an interview with Snowden who will be as adversarial against the former NSA contractor as Greenwald has been in his own reporting in defense of Snowden. It’ll never happen.

 

By: Bob Cesca, The Huffington Post Blog, May 31, 2014

June 3, 2014 Posted by | Edward Snowden, National Security, National Security Agency | , , , , , , | 5 Comments

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