“The Civil-Liberties Freak-Out”: Caught Up In The Conspiracy
Unaccustomed as I am to agreeing with Marc Thiessen, hell has frozen over and he’s on the right track about the National Security Agency–leaks nonscandal.
First of all, we pretty much knew everything that has “broken” in the past week. The NSA has been involved in a legal data-mining operation for almost a decade. Its legality was clarified in the renewal of the Patriot Act, which I supported. It has been described, incorrectly, as electronic eavesdropping. What is really happening is that phone and Internet records are being scanned for patterns that might illuminate terrorist networks. If there is a need to actually eavesdrop, the government has to go to the FISA court for permission.
Those who see the federal government as a vast corporate conspiracy or a criminal enterprise — in other words, paranoids of the left and right — are concerned about this. More moderate sorts should also have cause for concern — especially if a rogue government, like Nixon’s, were in power. We have to remain vigilant that the snooping stays within reasonable bounds; that’s why we have congressional oversight committees. And that’s where the paranoid tinge comes in: the FISA court, the congressional committees, the President and journalists like me are obviously incompetent or caught up in the conspiracy. Of course, there has been absolutely no evidence presented that the current parameters are unreasonable. Yes, I expect that some of my phone and e-mail traffic has been picked up in the data trawling. I travel fairly frequently to places like Iran, Afghanistan, Egypt, the West Bank and the rest of the region; part of my job is to talk to partisans on all sides — and also to talk to sources in the U.S. military and intelligence communities. I have no problem with the government knowing that I’m doing my job.
I do have a problem with individuals like Bradley Manning divulging secrets that may well put lives in danger; his reckless actions require criminal sanction. I also have a problem with sources within the government who leak news that endangers the lives of U.S. intelligence assets overseas — the leaker or leakers who gave the Associated Press the story about the second undie bomber, for example. That leak compromised a highly sensitive operation that involved the Saudi bombmaker our government considers the most dangerous man in the world. (I think that the Department of Justice hounding the Fox News reporter, or any other journalist, was well over the line, though.)
This is a difficult issue and will become even more difficult in the future as technology becomes more sophisticated. I applaud civil libertarians like Glenn Greenwald who draw our attention to it. But it is important to keep it in perspective. Far too many people get their notions of what our government is all about from Hollywood; the paranoid thriller is a wonderful form of entertainment, but it’s a fantasy. The idea that our government is some sort of conspiracy, that it’s a somehow foreign body intent on robbing us of our freedoms, is corrosive and dangerous to our democracy. This remains, and always will be, an extremely libertarian country; it’s encoded in our DNA. We now face a constant, low-level terrorist threat that needs to be monitored. A great many lives are potentially at stake … and our national security is more important than any marginal — indeed, mythical — rights that we may have conceded in the Patriot Act legislation. In the end, the slippery-slope, all-or-nothing arguments advanced by extreme civil libertarians bear an uncomfortable resemblance to the slippery-slope, all-or-nothing arguments advanced by the National Rifle Association.
By: Joe Klein, Time Magazine, June 10, 2013
“Privacy? We Gave That Away Already”: You Might Want To Rethink Your Relationship With Technology
All the President’s Men, the movie made from the book that inspired my career in journalism, was on (very) late night TV the other night. What’s strikingly anachronistic about the film is not the sideburns and bug-eye glasses, but the rudimentary journalistic tactics of the reporters who broke the Watergate story.
They weren’t on Google, searching for information that may or may not be accurate, and using a research technique that is so easily tracked that pop-up ads related to the search will begin appearing almost immediately. They didn’t drive through toll booths with a convenient electronic device on the windshield that can (and do) track their movements and the specific time of the movements. They didn’t do email interviews, cell phone interviews or even many hardline phone interviews that could leave an electronic trail.
The movie shows the real, unglamorous shoe-leather work of being a reporter. It’s one scene after another of Bob Woodward and Carl Bernstein driving to a neighborhood, parking blocks away to avoid detection and then knocking on people’s doors, sweet-talking their way into living rooms for interviews. It’s Woodward finding ways to meet his source, “Deep Throat” – not by thumb-typing a text, but by signals that involved the moving of a plant on a balcony. This was how the duo managed to get people to talk to them – sometimes at great personal risk – and how Woodward managed to keep Mark Felt’s identity a secret until Felt’s family disclosed his role in 2005.
Journalists are concerned at the surveillance of their phone records. And many are also jarred by the disclosure that federal authorities have been monitoring certain activity on the web and collecting phone call data. But where would anyone get the idea that any communication attached to technology and electronic’s is really private?
We have a new Facebook generation which is remarkably willing to give up its collective privacy by posting their embarrassing photos and travel plans and insignificant “status” updates on what is the biggest billboard in the cyber-sky. And yet the same people live in the delusion that no one is monitoring it? That a potential burglar isn’t tipped off by someone’s Pinterest photos of the family currently on vacation, a sign that the house is unattended? That a potential employer might see a photo of an applicant with someone doing shots off his chest and think, “maybe this isn’t someone we want working here?”
True, the idea government surveillance has a different quality to it, from both sides. We expect our government to respect our privacy. The government, meanwhile, knows it is also expected to track the bad guys. The balance of those two goals will surely be debated yet again after the recent disclosure of surveillance techniques. But in the meantime, Americans might want to rethink our relationship with technology and the privacy we lose by using it.
This applies exponentially to journalists, who might want to get back to basics – especially when reporting sensitive stories. When I was reporting in Eastern Europe in the 1990s, almost no one would be interviewed on the phone. They had just ousted a communist regime, and they were convinced, still, that their phones were being tapped. They didn’t even talk openly on the subway, so well-trained they were to be discreet. It made it harder to report, but it also promoted some better work tactics. I had to actually go meet someone somewhere and do interviews in person. I was less likely to misinterpret, and came back with more information than I would have gotten in a quick phone conversation. Woodward and Bernstein did it. So should the rest of us.
By: Susan Milligan, Washington Whispers, U. S. News and World Report, June 10. 2013
“A National Laughingstock”: Alberto Gonzales Returns From Obscurity
We’ve heard quite a bit recently from Dick Cheney, Karl Rove, Donald Rumsfeld, and Michael Mukasey, so I suppose it stands to reason that it’s time for Alberto Gonzales to reemerge, too.
The former attorney general has been wise to keep a low profile. In office, he was a national laughingstock. Upon Gonzales’ departure, Andrew Cohen wrote a terrific piece explaining, “By any reasonable standard, the Gonzales Era at the Justice Department is void of almost all redemptive qualities.” He sought a legal job in D.C. but couldn’t find a firm that would hire him, and the last I heard, Gonzales ended up teaching at an unaccredited law school.
The former A.G. nevertheless appeared on MSNBC this morning, apparently ready to address some of the ongoing controversies. He seemed inclined to give the Obama administration the benefit of the doubt when it came to subpoenaing Associated Press phone logs, but this nevertheless stood out for me.
Former Attorney General Alberto Gonzales recalled on Wednesday a time when he was confronted with a “very serious leak investigation” similar to the one that has embroiled the Obama administration this week. But, he said, he went a very different route and decided against subpoenaing a reporter’s notes.
Attorney General Eric Holder on Tuesday defended the seizure of Associated Press phone records, saying the Department of Justice was trying to get to the bottom of a “very serious leak” that “put American people at risk.” Gonzales, who oversaw a massive domestic wiretapping program under former President George W. Bush, acknowledged on MSNBC’s “Morning Joe” that the attorney general is often forced to “make a very hard determination” but when faced with a similar dilemma, his Justice Department “ultimately decided not to move forward.”
Now, I can’t be sure which case Gonzales is referring to, but for the record, let’s not forget that during his tenure as attorney general, the Justice Department “improperly gained access to reporters’ calling records as part of leak investigations.” Indeed, it happened quite a bit.
Unlike the current uproar, we didn’t hear much about this at the time, but if Gonzales wants to give the impression now that his DOJ showed greater restraint when it came to journalists and phone logs, he’s mistaken.
By: Steve Benen, The Maddow Blog, May 15, 2013
“Aiding And Abetting: The Flawed Reporting That Touched Off A Firestorm
We talked yesterday about last week’s ABC News reporting on emails related to the Obama administration’s Benghazi talking points, which are now very much in doubt. I’ve heard from ABC, so let’s follow up.
ABC’s reporting on Friday, which touched off a major political firestorm, pointed to a top White House official who reportedly sent an email siding with the State Department and recommending the removal of specific references to terrorist organizations and CIA warnings from the talking points. Jake Tapper at CNN reported yesterday that ABC was wrong — the “actual email differs from how sources characterized it” to ABC’s Jonathan Karl.
ABC last night referred me to this statement from Karl.
I asked my original source today to explain the different wording on the Ben Rhodes e-mail, and the fact that the words “State Department” were not included in the e-mail provided to CNN’s Tapper.
This was my source’s response, via e-mail: “WH reply was after a long chain of email about State Dept concerns. So when WH emailer says, take into account all equities, he is talking about the State equities, since that is what the email chain was about.”
As Josh Marshall explained, “I guarantee you Karl had a sinking feeling in the pit of his stomach when he saw that explanation. Because that explanation by reference to earlier comments in the thread is pretty weak. Karl’s follow on piece is entitled ‘More Details on Benghazi Talking Points Emerge’ but the substance is, ‘How the Story Changes When I Realize the Notes I Was Using Weren’t Reliable.’ The answer here is that Karl pretty clearly got burned by his source. But he at least seriously singed himself by making it really, really look like he was looking at the emails themselves when he wasn’t.”
Right. ABC’s Karl originally told his audience that he’d “obtained” White House materials, when in fact he’d seen summaries, apparently provided by a Republican staffer on Capitol Hill, which we now know were misleading. Karl received unreliable information, and seems to have been incomplete in how he characterized his direct knowledge of the information.
I wouldn’t ordinarily focus on one flawed report like this — we all make mistakes — but ABC’s coverage on Friday became the basis for a media firestorm, which now appears to have been a mistake.
By: Steve Benen, The Maddow Blog, May 15, 2013
“Victimhood”: Ignoring One Wrong And Vilifying The Other, Republicans Decide To Care About Big Government Overreach
Government officials and employees responsible for the allegedly inappropriate scrutiny of right-wing groups applying for non-profit, tax-exempt status as “social welfare organizations” (taxpayer subsidized, supposedly non-partisan 501(c)(3) and (c)(4) groups) should be investigated and, if appropriate, disciplined, fired and/or charged under criminal statutes.
Government officials and employees responsible for secretly subpoenaing the phone records of AP reporters ought to similarly be investigated and, if appropriate, disciplined, fired and/or charged under criminal statutes — though it is likely that the government has already given itself legal dispensation to carry out that sort of invasive, seemingly extra-Constitutional, certainly un-American intimidation of whistleblowers and journalists alike.
That said, it’s been predictably amusing over the past 24 hours or so, witnessing the outrage – outrage! – of right-wingers over the very things that they not only didn’t give a rat’s ass about when the same, and often much worse, was carried out by the Bush administration, but that they actively supported at the time.
“They say two wrongs don’t make a right, but ignoring one of those wrongs while vilifying the other is intellectually dishonest and violently hypocritical, among other things,” writes Bob Cesca at The Daily Banter, noting that “Democrats have almost universally condemned the actions of the IRS, as they’ve done when the congressional Republicans and, naturally, the Bush administration used the nearly unlimited might of the government to engage in similar investigations — or worse.”
“Republicans,” he writes, “spent eight years defending, applauding and enabling Bush abuses on this front, while subsequently cheerleading the congressional Republicans as they carry forward the politics of intimidation and government overreach into the Obama era.”
Cesca goes on to list “10 Examples of Bush and the Republicans Using Government Power to Target Critics”, beginning with the Republican-supported Big Government assaults on Planned Parenthood, ACORN (which succeeded in putting a four-decade-old community organization out of business), and on even the ability of perfectly legal American voters to simply cast a vote in their own elections. He also reminds us of the abuse of the Bush Dept. of Justice which, specifically, targeted Democrats for prosecution, and for the firing of U.S. Attorneys without cause, other than they were not partisan enough for the tastes of the Bush White House.
But while the Obama administration deserves appropriate scrutiny and investigation and accountability for whatever its part in both the developing IRS and DoJ/AP scandals, let us not forget some of these certainly-as-bad, arguably-worse scandals related to both the IRS and the DoJ — from during the Bush administration — that Republicans not only didn’t give a damn about, but often applauded for most of the past decade…
6. The Bush IRS Audited Greenpeace and the NAACP. Not only was the NAACP suspiciously audited during Bush’s 2004 re-election campaign, but high-profile Republicans like Joe Scarborough had previously supported an audit of the organization even though he’s suddenly shocked by the current IRS audit story. Also in 2004, the Wall Street Journal reported that the IRS audited the hyper-liberal group Greenpeace at the request of Public Interest Watch, a group that’s funded by Exxon-Mobil.
7. The Bush IRS Collected Political Affiliation Data on Taxpayers. In 2006, a contractor hired by the IRS collected party affiliation via a search of voter registration roles in a laundry list of states: Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, Louisiana, Massachusetts, Michigan, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Rhode Island, South Carolina, Texas, Utah and Wisconsin. This begs the obvious question: why? Why would the IRS need voter registration and party affiliation information?
8. The Bush FBI and Joint Terrorism Task Force Targeted Civil Rights / Anti-War Activists. In 2005, an ACLU investigation revealed that both the FBI and the JTTF surveilled and gathered intelligence about a variety of liberal groups including PETA and the Catholic Workers, along with other groups that it hyperbolically referred to as having “semi-communistic ideology.”
9. The Bush Pentagon Spied on Dozens of Anti-War Meetings. Also in 2005, the Department of Defense tracked 1,500 “suspicious incidents” and spied on four dozen meetings involving, for example, anti-war Quaker groups and the like. Yes, really. The Bush administration actually kept track of who was attending these meetings down to descriptions of the vehicles used by the attendees, calling to mind the pre-Watergate era when the government investigated 100,000 Americans during the Vietnam War.
10. The Bush FBI Targeted Journalists with the New York Times and the Washington Post. Yesterday, it was learned that a U.S. attorney, Ronald Machen, subpoenaed and confiscated phone records from the Associated Press as part of a leak investigation regarding an article about a CIA operation that took place in Yemen to thwart a terrorist attack on the anniversary of bin Laden’s death. Well, this story pales in comparison with the Bush administration’s inquisition against the reporters who broke the story about the NSA wiretapping program. In fact, the Justice Department considered invoking the Espionage Act of 1917, the archaic sequel to the John Adams-era Alien and Sedition Acts. The Bush FBI seized phone records — without subpoena — from four American journalists, including Raymond Bonner and Jane Perlez. How do we know this for sure? Former FBI Director Robert Mueller apologized to the New York Times and the Washington Post.
I’m delighted, personally, that the Republican Party and its adherents have finally decided to be outraged about actual governmental abuses of power. I’m even more delighted that they may now be focusing some of that outrage on actual abuses (as opposed to all of the pretend “scandals” they’ve been pretending to be outraged about over the past four years). But it will be all too convenient if the only such abuses they ultimately concern themselves with are the ones that affected their own special-interest groups, rather than those that have illegally and/or unconstitutionally affected the interests of all Americans for at least the past decade and more.
It will be a shame if the result of all of this is that the 501(c)(4) and (c)(3) racket that exploded in the wake of the U.S. Supreme Court’s Citizens United atrocity goes unexamined and un-overturned. As is, the IRS was doing a dreadful job in cracking down on that particularly obvious scam, and it’s almost certain that all of this will only make the appalling taxpayer-subsidized abuse by purely political groups masquerading as non-partisan “social welfare organizations” even worse.
But it will be even more of a shame if the Big Government abuses of power under the Obama administration are dealt with as special cases that occurred in a vacuum. They did not. They have been happening for years, under the Bush administration and now under the Obama administration. (For that matter, the IRS abuses now in question happened while the agency was headed up by George W. Bush’s appointee.) All of those Big Government abuses deserve oversight and governmental action and legislation to ensure that none of them can ever happen again in the future.
Unfortunately, that is unlikely to happen in a political atmosphere where one party (the Republicans) and its supporters have chosen “victimhood” as a personal political philosophy and a wartime footing against their perceived enemy (the Democratic Party) as a point of personal pride, rather than displaying any interest whatsoever in actually governing on behalf of the American people or in ending the opportunities for the very Big Government abuses they decry — but only when it affects them.
By: Brad Friedman, The National Memo, May 15, 2013, Originally posted at The Brad Blog
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