Obama Takes Bush Secrecy on Wiretaps and Doubles Down

Government opts for secrecy in wiretap suit

Tuesday, April 7, 2009

(04-06) 15:26 PDT SAN FRANCISCO — The Obama administration is again invoking government secrecy in defending the Bush administration’s wiretapping program, this time against a lawsuit by AT&T customers who claim federal agents illegally intercepted their phone calls and gained access to their records.

Disclosure of the information sought by the customers, “which concerns how the United States seeks to detect and prevent terrorist attacks, would cause exceptionally grave harm to national security,” Justice Department lawyers said in papers filed Friday in San Francisco.

Kevin Bankston of the Electronic Frontier Foundation, a lawyer for the customers, said Monday the filing was disappointing in light of the Obama presidential campaign’s “unceasing criticism of Bush-era secrecy and promise for more transparency.”

In a 2006 lawsuit, the AT&T plaintiffs accused the company of allowing the National Security Agency to intercept calls and e-mails and inspect records of millions of customers without warrants or evidence of wrongdoing.

The suit followed President George W. Bush’s acknowledgement in 2005 that he had secretly authorized the NSA in 2001 to monitor messages between U.S. residents and suspected foreign terrorists without seeking court approval, as required by a 1978 law.

Congress passed a new law last summer permitting the surveillance after Bush allowed some court supervision, the extent of which has not been made public. The law also sought to grant immunity to AT&T and other telecommunications companies from suits by customers accusing them of helping the government spy on them.

Nearly 40 such suits from around the nation, all filed after Bush’s 2005 disclosure, have been transferred to San Francisco and are pending before Chief U.S. District Judge Vaughn Walker. He is now reviewing a constitutional challenge to last year’s immunity law, which the Obama administration is defending.

Walker is also considering a challenge to the surveillance program by the Al-Haramain Islamic Foundation, a now-defunct charity that was inadvertently given a government document in 2004, reportedly showing that its lawyers had been wiretapped during an investigation that landed the group on the government’s terrorist list.

The Obama administration is also opposing that suit and has challenged Walker’s order to let Al-Haramain’s lawyers examine the still-classified surveillance document.

The administration’s new filing asks Walker to dismiss a second suit filed in September by AT&T customers that sought to sidestep the telecommunications immunity law by naming only the government, Bush and other top officials as defendants.

Like the earlier suit, the September case relies on a former AT&T technician’s declaration that he saw equipment installed at the company’s San Francisco office to allow NSA agents to copy all incoming e-mails. The plaintiffs’ lawyers say the declaration, and public statements by government officials, revealed a “dragnet” surveillance program that indiscriminately scooped up messages and customer records.

The Justice Department said Friday that government agents monitored only communications in which “a participant was reasonably believed to be associated with al Qaeda or an affiliated terrorist organization.” But proving that the surveillance program did not sweep in ordinary phone customers would require “disclosure of highly classified NSA intelligence sources and methods,” the department said.

Individual customers cannot show their messages were intercepted, and thus have no right to sue, because all such information is secret, government lawyers said. They also said disclosure of whether AT&T took part in the program would tell the nation’s enemies “which channels of communication may or may not be secure.”

E-mail Bob Egelko at begelko@sfchronicle.com.

General Barry McCaffrey Exposed For The Ultimate Spineless Shill That He Is

THE NEW YORK TIMES

November 30, 2008

One Man’s Military-Industrial-Media Complex

In the spring of 2007 a tiny military contractor with a slender track record went shopping for a precious Beltway commodity.

The company, Defense Solutions, sought the services of a retired general with national stature, someone who could open doors at the highest levels of government and help it win a huge prize: the right to supply Iraq with thousands of armored vehicles.

Access like this does not come cheap, but it was an opportunity potentially worth billions in sales, and Defense Solutions soon found its man. The company signed Barry R. McCaffrey, a retired four-star Army general and military analyst for NBC News, to a consulting contract starting June 15, 2007.

Four days later the general swung into action. He sent a personal note and 15-page briefing packet to David H. Petraeus, the commanding general in Iraq, strongly recommending Defense Solutions and its offer to supply Iraq with 5,000 armored vehicles from Eastern Europe. “No other proposal is quicker, less costly, or more certain to succeed,” he said.

Thus, within days of hiring General McCaffrey, the Defense Solutions sales pitch was in the hands of the American commander with the greatest influence over Iraq’s expanding military.

“That’s what I pay him for,” Timothy D. Ringgold, chief executive of Defense Solutions, said in an interview.

[Read more…]

Good Ol’ Charlie Gibson Gets In One Final Bootlicking Of President George “W/Torture” Bush

HOLLYWOOD REPORTER

Charles Gibson aboard for Bush interview

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ABC anchor will boat to Camp David with first family

By Paul J. Gough

Nov 25, 2008, 06:18 PM ET

NEW YORK — During the same week Barbara Walters interviews the president-elect in Chicago, ABC’s “World News” anchor Charles Gibson will interview President George W. Bush and first lady Laura Bush during the holiday weekend.

Gibson will ride with the first family on Marine One from the White House to Camp David, then interview Mr. and Mrs. Bush there. Gibson will ask about the past eight years, the couple’s future plans and if they have any advice for Bush’s successor, Sen. Barack Obama, and his family.

The interview will air on Monday’s “World News With Charles Gibson” plus that show’s webcast, “Good Morning America” and elsewhere.

Best New Rules Ever

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Snark Central: Matt Taiibi With Don Imus During The Election

Part Two

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