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Tag: FISA

News that Caught My Eye

News that Caught My Eye

But eventually let it go….

A child diagnosed with autism every 20 minutes? I have to wonder at what point and for what reasons doctors started giving so many vaccines at once anyway. How would they be able to determine which of the vaccines caused a negative reaction if there was a problem? And parents – are adults so cowed by physician authority that that would so easily allow so many shots at one visit? I refused that plan for psychological reasons. One, two – that’s fine. But three, four, five, six? That’s too much for a baby or little child. Ben never had more than two vaccines in a single visit. It’s just too much. I always suspected that so many vaccines at once might have created immune-system overload, too – just too much information at once. The question of preservatives (possibly with mercury?) raised the bar – all the more reason not to create a toxic load.

Here’s an interesting interview about one of my pet peeves. Doesn’t it just make sense that our diet ought not to rely so heavily upon foods that never rot? What about moderation in all things? I favor a varied diet. I tend to use olive oil or butter, not margarine or sprays. I prefer whole milk, and I use real unbleached sugar. I’m not an earthy-crunchy fanatic – I also eat some junk food and some fake food. But don’t offer me any of that non-dairy cream or no-calorie candy. I’ll drink a Coke – but not a diet Coke. I eat what I want – in moderation. I have deep suspicions about what some of the chemicals do to our bodies.

So, President Bush is going to veto the anti-torture bill that has passed both the Senate and the House? I don’t know how Republicans maintain this mythology about how they are the patriotic party…

Job Loss for February Much Higher than the 63,000: The actual employment report suggests “a comprehensive job loss of 113,000 and in terms of dollars earned, a whole lot more.” They’ve been misrepresenting these numbers for a while now. If you lose a professional job and take a part-time position at Walmart or Home Depot, you don’t affect the job numbers at all as far as I can see…

Defense contractor United Technologies has made a sudden buyout offer for the Diebold company, at 66% more than the current stock value. In the face of Diebold’s refusal, United is insisting that the deal will go through in 60 days. “Hmmm. Defense contractor attempts a takeover of the major manufacturer of hackable voting machines with the stated plan of closing the deal before the November national elections. What could their intention possibly be?”

On December 20, 2007, President Bush signed routine postal legislation. In a “Signing Statement”, the President claims Executive Power to search the mail of U.S. citizens inside the United States without a warrant, in direct contradiction of the bill he had just signed. As a people, we seem beyond twitching an eyelash over items like these. Sigh.

Some people are starting to do more than twitch, however. The military recruiting station in Times Square was bombed. The news reports say that the bomber was on a blue 10-speed bike, wearing a hooded sweatshirt and dark pants. I’ve read a lot of theories, but personally I’ve been wondering about whether it might have been an Iraq veteran – no-one else would have more reason, or more skill. The target was pretty specific, with only property damage; in other words, it was a statement, not an attack. There are some efforts to tie the event with Canada border crossing incident in which a backpack containing a picture of Times Square was left behind. I think that’s pushing it… I would be very surprised if it wasn’t an American, but we’ll see how the investigation goes. Meanwhile, start rolling your eyes now. On Fox News (where else?) the infamous Oliver North was given a forum for his opinion on the matter. It’s all Pelosi’s fault. Uh-huh…

Right-wing misogyny is raising its head evident in the latest attempt to control the sexuality of the American female. Amanda Marcotte’s post on The Great Texas Dildo Wars is a must-read. “So this is completely, 100 percent about babies. No misogyny, control issues or wariness of female sexuality has any part to play in this.”

Don’t miss Colbert video on the AT&Treason immunity deal. It’s deliciously fun.

Last, there is the latest Iraq cost sheet:

U.S. military killed in Iraq: 3,973
Number of U.S. troops wounded in combat since the war began: 29,203
Iraqi Security Force deaths: 7,924
Iraqi civilians killed: Estimates range from 81,632-1,120,000

Internally displaced refugees in Iraq: 3.4 million
Iraqi refugees living abroad: 2.2-2.4 million
Iraqi refugees admitted to the U.S.: 3,222

Number of U.S. soldiers in Iraq: 155,000
Number of “Coalition of the Willing” soldiers in Iraq:
February 2008: 9,895
September 2006: 18,000
November 2004: 25,595

Army soldiers in Iraq who have served two or more tours: 74%
Number of Private Military Contractors in Iraq: 180,000
Number of Private Military Contractors criminally prosecuted by the U.S. government for violence or abuse in Iraq: 1
Number of contract workers killed: 917

What the Iraq war has created, according to the U.S. National Intelligence Council: “A training and recruitment ground (for terrorists), and an opportunity for terrorists to enhance their technical skills.”

Effect on al Qaeda of the Iraq War, according to International Institute for Strategic Studies: “Accelerated recruitment”

The bill so far: $526 billion
Cost per day: $275 million
Cost per household: $4,100
The estimated long-term bill: $3 trillion

What $526 billion could have paid for in the U.S. in one year:
Children with health care: 223 million or
Scholarships for university students: 86 million or
Head Start places for children: 72 million

Cost of 22 days in Iraq could safeguard our nation’s ports from attack for ten years.
Cost of 18 hours in Iraq could secure U.S. chemical plants for five years.

Iraqi Unemployment level: 25-40%
*U.S. unemployment during the Great Depression: 25%
70% of the Iraqi population is without access to clean water.
80% is without sanitation.
90% of Iraq’s 180 hospitals lack basic medical and surgical supplies.

79% of Iraqis oppose the presence of Coalition Forces.
78% of Iraqis believe things are going badly in Iraq overall.
64% of Americans oppose the war in Iraq.

Liar! Last Ditch Fearmongering for Spying and Telecom Immunity

Liar! Last Ditch Fearmongering for Spying and Telecom Immunity

Keith Olbermann Countdown Special Comment on FISA: “President Bush Is A Liar And A Fascist

The lot of you, are the symbolic descendants of the despotic middle managers of some banana republic, to whom “Freedom” is an ironic brand name, a word you reach for, when you want to get away with its opposite.

Thus, Mr. Bush, your panoramic invasion of privacy is dressed up as “protecting America.”Thus, Mr. Bush, your panoramic invasion of privacy is dressed up as “protecting America.”

Thus, Mr. Bush, your indiscriminate domestic spying becomes the focused monitoring, only of “terrorist communications.”

Thus, Mr. Bush, what you and the telecom giants have done, isn’t unlawful, it’s just the kind of perfectly legal, passionately patriotic thing for which you happen to need immunity!

Richard Clarke is on the money, as usual.

That the President was willing to veto this eavesdropping, means there is no threat to the legitimate counter-terror efforts underway.

As Senator Kennedy reminded us in December:

“The President has said that American lives will be sacrificed if Congress does not change FISA. But he has also said that he will veto any FISA bill that does not grant retroactive immunity.

No immunity, no FISA bill. So if we take the President at his word, he’s willing to let Americans die to protect the phone companies.”


[youtube width=”400″ height=”330″]http://www.youtube.com/watch?v=QEcBjpsP1bU[/youtube]

5 Things Specter Won’t Say about Cheney-Specter Spying Bill

5 Things Specter Won’t Say about Cheney-Specter Spying Bill

  1. The Cheney-Specter bill makes following the protections in the Foreign Intelligence Surveillance Act totally optional. The bill would change the law so that foreign intelligence surveillance of Americans could be conducted without following FISA’s requirement of individualized judicial review of wiretaps. The bill would change the law to allow the president to ignore FISA’s protections and unilaterally decide which Americans to wiretap, indefinitely and without any mandatory check to protect individual rights. The bill also gives President Bush support for his currently untenable argument that FISA does not apply in wartime by deleting the provisions saying FISA does apply in wartime. If the bill passes, presidents will have multiple avenues to circumvent the statute, rendering moot its protections for Americans’ civil liberties.
  2. The Cheney-Specter bill does not require President Bush to get a warrant for every wiretap of every American currently subject to the NSA’s illegal warrantless wiretapping. President Bush’s so-called “concession” to submit a “program” to the FISA court to approve is not required by the bill—it’s conditional. Only if the bill passes exactly as it was written by the White House or with additional White House changes has President Bush “promised” that he will submit one of his secret surveillance programs to the FISA Court. Nothing in the bill requires him to do so, and the Cheney-Specter bill has stacked the deck so that the court will hear only the administration’s arguments and is directed to approve surveillance without ever knowing the name of every American wiretapped and any facts supporting such surveillance. Nothing in the bill requires any future president to get approval of programs of surveillance let alone actual warrants based on evidence a particular American is conspiring with al Qaeda.
  3. The Cheney-Specter bill legalizes President Bush’s illegal spying although Congress doesn’t really know all that he has directed the NSA to do regarding people in the US. The bill rewrites FISA to legalize the surveillance President Bush is currently conducting in defiance of the law. Yet, the administration has stonewalled congressional attempts to learn the true scope and nature of all of the illegal surveillance the administration has secretly authorized. Specter, himself, has called President Bush’s NSA program illegal “on its face,” yet his bill provides statutory power to do more than the president has admitted and it expands the NSA’s power to search Americans’ calls, e-mails, and homes without any warrant under FISA.
  4. The Cheney-Specter bill allows law enforcement to enter Americans’ homes and offices without a warrant. Landlords, custodians and “other people” would be required to let law enforcement officers to access Americans’ computers and telephones, and no warrant is required, simply government say-so—under the expanded powers in the bill. This measure flies in the face of the Fourth Amendment protection against unreasonable search and seizure.
  5. The Specter bill does not enforce the Fourth Amendment’s requirement that no warrant shall issue but upon probable cause stating with particularity the things to be searched and seized. Specter’s bill so broadly redefines whom can be spied on without a warrant that countless Americans would be subject to secret NSA surveillance. All international phone calls and emails would be subject to warrantless surveillance under the bill’s changes to the law. Plus, emails and other Internet traffic would be subject to monitoring if the government did not know the physical location of every recipient of an American’s email. Furthermore, the bill creates a new type of generalized surveillance power, which, while it requires court approval, does not require the government to identify each target in the US, the basis for such surveillance or the method of monitoring each American—wiretaps, bugging or other devices. Under this exceedingly low threshold, the NSA could win approval for conducting surveillance of countless Americans while keeping secret from the courts and Congress who is being monitored and even whether the spying approved actually helps protect against terrorism.

A federal judge has already ruled that the Bush administration’s warrantless surveillance program violates the Constitution and must stop. But instead of listening to the judge, the White House and its allies are continuing to pressure Congress for new, expanded and unchecked government spying powers. Help convince Congress to support the rule of law, not limitless executive power.

Take action! Tell your members of Congress to oppose the Specter-Cheney Bill and other dangerous proposals that threaten your rights.

(ACLU – American Civil Liberties Union)

White House Switchboard

White House Switchboard

Political comedy email making the rounds…

“Thank you for calling the White House switchboard. Our new voice activated system will help direct you to the proper office.”

“If you are calling to complain about the mishandling of the war in Iraq, press one.”

“If you are calling to complain about the abuse of prisoners and the White House’s endorsement of torture, press two, and then say the name of the torture site that you wish to complain about (and please note for the sake of the voice mail system that it is pronounced Abu GRABE, not Abu grahb).”

“If you are calling to complain about illegal spying on American citizens and the abuse of FISA laws, press 3, but do know that these calls will be recorded.”

“If you are calling to complain about the disastrous mismanagement of the hurricane Katrina recovery, please press 4, and your call will be directed to the Federal Emergency Management Agency. If you wait for more than 48 hours without anyone picking up the phone, hang-up and send a letter. We have been assured that all letters will receive a prompt reply within one year.”

“If you are calling regarding the administration’s unwillingness to enforce immigration law, press cinco, por favor, or direct any thanks to your local chamber of commerce office, which can explain why we like cheap labor that can’t vote and where you may be able to find willing illegal day laborers in your local area.”

“If you are Jack Abramoff or any Saudi prince, please call the private line * it is always open.”

“If you are calling about the Medicare prescription debacle, please press 6. If you are having a medical emergency, you should proceed directly to your local emergency room, although please understand that your health coverage may not pay for the visit and you can no longer get out from under the bill by declaring bankruptcy.”

“If you are calling about the ballooning federal deficit or the recent hike in the debt ceiling to $3 trillion, please press 7, unless you are Bill Clinton calling to brag about the surpluses under your administration, in which case we don’t want to hear about it.”

“If you are calling to complain about the White House’s efforts to block stem cell research, please press 8, and then say the disease that you are most concerned about that may ultimately be cured through scientific
research. If you are a scientist calling with new research findings or important clinical data, please hang up, we don’t want to hear from you.”

“If you are calling to express concern about global warming and our efforts to roll back environmental laws, please press 9, unless you are a government scientist, in which case you are forbidden to talk without first clearing it with the oil lobbyist we hired to screen and edit your research. He can be reached at Exxon 4-2611.”

“If you are calling to complain about the President’s efforts to “privatize” social security, please press 1 and then the pound key, and your call will be redirected to representatives at Merrill Lynch, who will explain the
virtues of putting all your savings in the stock market.”

“If you are calling about the need for more prayer in public schools or any other faith-based initiatives, please press 1 and then the star key, and Reverend Falwell will be with you shortly.”

“If you are calling to lobby for more Supreme Court Justices who will block a woman’s right to choose, please stay on the line and the President will be with you immediately.”

“If you are calling about all the tax breaks for the wealthy, press *1 if you have ideas for more loopholes and are making more than a million dollars per year; if you are earning less than a million per year but have ideas for how you may help the wealthy, press *2; if you are earning less than a million per year and just want to complain that all the burden is now falling on you, please call back in a couple of years.”

“If you voted for President Bush and are now concerned that over 12% of the U.S. population now falls below the poverty line while the top 1% has wildly increased their wealth, please understand that we are not laughing AT you.”

“Press zero at any time if you would like to hear these options again.”

“Thank you for calling the White House. It is our pleasure to serve you.”

(Thanks Corinne!)

Illegal domestic spying is BIG, BIGGER, BIGGEST

Illegal domestic spying is BIG, BIGGER, BIGGEST

George Bush has overturned the United States Signals Intelligence Directive 18, which prohibits domestic spying by NSA. He has violated the federal act which created the FISA court to oversee covert domestic investigations. He has disregarded the Fourth Amendment guarantee against warrantless searches.

Now, the story continues… Just yesterday, in a galaxy right here, it was reported in USA Today that the National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth in the largest database ever created. This includes all calls that originate and terminate within U.S. borders – except for the lucky customers of Qwest (Qwest said no to the NSA, fearing legal problems if sanity ever returns to this country). For how long? Since at least 2001, under secrecy and then under the lies Bush and others were telling about the extent of the spying.

The NSA’s domestic program, as described by sources, is far more expansive than what the White House has acknowledged. Last year, Bush said he had authorized the NSA to eavesdrop — without warrants — on international calls and international e-mails of people suspected of having links to terrorists when one party to the communication is in the USA. Warrants have also not been used in the NSA’s efforts to create a national call database.

In defending the previously disclosed program, Bush insisted that the NSA was focused exclusively on international calls. “In other words,” Bush explained, “one end of the communication must be outside the United States.”

As a result, domestic call records — those of calls that originate and terminate within U.S. borders — were believed to be private.

Sources, however, say that is not the case.

Lies lies and more lies.

Please join me and call on the House and Senate today to issue subpoenas and expose the extent of this intrusion.

Although Bush said today that our government was “not mining or trolling through the personal lives of millions of innocent Americans,” I’m not sure what else you could possible call a huge secret database of domestic telephone calls, especially when considered along with the “vacuum cleaner surveillance” of e-mail messages and Internet traffic being done by NSA personnel in at least one AT&T building.
(San Francisco – anyone gonna go check? You’d think they’d do it in Texas…)

They’ve also managed to kill the investigation into the illegal spying – smells like coverup to me:

The government has abruptly ended an inquiry into the warrantless eavesdropping program because the National Security Agency refused to grant Justice Department lawyers the necessary security clearance to probe the matter.

Air Force Gen. Michael Hayden headed the NSA from March 1999 to April 2005 – yup, he’s the very guy who directed warrantless surveillance of American citizens. Now, he will head the CIA unless some congresspeople actually care about our constitutional rights, not to mention the takeover of a civilian institution by military interests. Block this guy, wouldja? Having himrun the CIA is almost as much of an insult as tolerating “Death-Squad” Negroponte as Director of National Intelligence. I never thought I’d find myself defending the CIA, but they have been trashed by Porter Goss under Bush’s direction. Now we are to approve a military takeover of this civilian institution? When will we stand up for our own freedom, democracy, and civil rights? Who will stand up for the interests of all Americans in these dark days? Here are some of Hayden’s comments on the matter, although he’s dodging the issue as much as he can. (It’ll be a little harder now to dodge, I hope).

It is not a driftnet over Dearborn or Lackawanna or Freemont grabbing conversations that we then sort out by these alleged keyword searches or data-mining tools or other devices that so-called experts keep talking about.

This is targeted and focused. This is not about intercepting conversations between people in the United States. This is hot pursuit of communications entering or leaving America involving someone we believe is associated with al Qaeda. We bring to bear all the technology we can to ensure that this is so. And if there were ever an anomaly, and we discovered that there had been an inadvertent intercept of a domestic-to-domestic call, that intercept would be destroyed and not reported.

Yeah, right.

So, let’s have it:

The BUSH LIE LINEUP in the “Official Response from the White House” today- all in one place!

First, our intelligence activities strictly target al Qaeda and their known affiliates. Al Qaeda is our enemy, and we want to know their plans.

Collecting all possible domestic communications with a dragnet is not “targeted” to al Qaeda, nor to their “known affiliates.”

Second, the government does not listen to domestic phone calls without court approval.

He has already admitted that if one party is outside the US, there has been no oversight. I would even speculate that with the sound-compression technology available today, all of our conversations could actually be in the process of being stored in their entirety – why else create the largest database in the world? It could be done, and I’ll wager that it is being done. The NSA’s secret domestic eavesdropping program was not reported under the requirements of either Title III or FISA – the agency’s budget is unknown.

Third, the intelligence activities I authorized are lawful and have been briefed to appropriate members of Congress, both Republican and Democrat.

They are not lawful just because he wants to make us think they are lawful, nor have all appropriate members been briefed. Moreover, Congress needs more than selective “briefing” – they need to vote to approve any such actions because NO domestic surveillance is lawful outside of what Congress has specifically approved.

Fourth, the privacy of ordinary Americans is fiercely protected in all our activities. We’re not mining or trolling through the personal lives of millions of innocent Americans. Our efforts are focused on links to al Qaeda and their known affiliates.

Then why do they need a database of DOMESTIC calls? How does that “fiercely protect” our privacy? Their efforts are clearly directed at us, you and me, Americans.

This is not a kindly Empire, this country that was formerly a beacon of freedom and democracy, and we seem to be missing some essential Jedi knights. You laugh at the metaphor, perhaps, but you know what is meant. The metaphor collapses, of course, since there seem to be quite a few Sith roaming about (not just the master and his apprentice). Go back and look at the arguments for the illegal spying – now try to fit in the idea we are all under surveillance by our own government. This is profoundly anti-American.

It is not targeted only for known al Qaeda terrorists and their associates. It is not limited by location. There is no Congressional or Judicial (or even economic?) oversight. There has been no vote by Congress or by the American people to allow this overturning of our system.

The so-called right is so very wrong.

I have some hope that the upcoming elections may put some into the position of actually having to think about what they can say to their constituents. They seem to think we’re very very stupid.

Personally, I’d like to see most of Congress thrown out on their butts. I have confidence in only a handful of them. Any who have allowed these things without public protest need to go, too.

Put the voting apparatus back into the hands of the people.

“If this government ever became a tyranny, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back, because the most careful effort to combine together in resistance to the government, no matter how privately it was done, is within the reach of the government to know. I don’t want to see this country ever go across the bridge. I know the capacity that is there to make tyranny total in America, and we must see to it that this agency [NSA] and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.”
Senator Frank Church, 1975

Congress needs to investigate this government intrusion — immediately. Please demand that the House and Senate issue subpoenas and expose the full extent of this program against the citizens of the United States of America.

A view on NSA Spying

A view on NSA Spying

The New York Review of Books: ON NSA SPYING: A LETTER TO CONGRESS

Vol 52, no 2, Feb. 9 2006

A collection of constitutional law scholars and former government officials published this letter to Congress in the New York Review of Books. I would love to post the whole thing, but I don’t want to run afoul of their permissions rules.

The administration’s argument that the 2001 AUMF authorization of the use of force somehow grants permission for the NSA spying program fails for many reasons.

Attorney General Alberto Gonzales has admitted that the administration didn’t even seek to amend FISA because it was advised Congress would reject such amendment. How can he argue that Congress authorized it already when they were clearly conscious that Congress would say no if they asked? (Isn’t that called premeditation?)

The clear and specific view of Congress in the language of FISA isn’t trumped by an implicit or unstated one. Domestic surveillance during wartime has been specifically addressed under FISA as the exclusive means under which it may not be a criminal act. The power to do what has been done under the NSA Program has been explicitly withheld. Congress has already spoken, and used their power to regulate the exclusive means by which domestic surveillance can be conducted. Absent any evidence that Congress intended to repeal those provisions, they take precedence.

It makes criminal any electronic surveillance not authorized by statute, id. § 1809; and it expressly establishes FISA and specified provisions of the federal criminal code (which govern wiretaps for criminal investigation) as the "exclusive means by which electronic surveillance…may be conducted," 18 U.S.C. § 2511.

The FISA statue specifically allows for wartime domestic electronic surveillance – but only for the first 15 days of a war. (Again, where is the declaration of war?) They further maintain that the President (even in his role as Commander in Chief) can only act against FISA where his authority is exclusive (not subject to the check of statutory regulation). This is not the case for domestic spying. In addition, both the constitutional protections of probable cause and judicial order and/or oversight have been ignored by this program.

The letter goes on to discuss all of this in some detail. I missed it when it first came out, so here’s a deep bow to TJJA (as always) for alerting me.