What the Whistleblower Prosecution Says About the Obama DOJ

Glenn Greenwald

(updated below)

The more I think and read about the Obama DOJ’s prosecution of NSA whistleblower Thomas Drake, the more I think this might actually be one of the worst steps the Obama administration has taken yet, if not the single worst step — and that’s obviously saying a lot. During the Bush years, in the wake of the NSA scandal, I used to write post after post about how warped and dangerous it was that the Bush DOJ was protecting the people who criminally spied on Americans (Bush, Cheney Michael Hayden) while simultaneously threatening to prosecute the whistle-blowers who exposed misconduct. But the Bush DOJ never actually followed through on those menacing threats; no NSA whistle-blowers were indicted during Bush’s term (though several were threatened). It took the election of Barack Obama for that to happen, as his handpicked Assistant Attorney General publicly boasted yesterday of the indictment against Drake. [Read more…]

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.

Sneaky George W. Bush Pushing Through Dozens of Last-Minute Legislative Scams

THE OBSERVER

PAUL HARRIS

DEC 14 2008

chinatown110ec

After spending eight years at the helm of one of the most ideologically driven administrations in American history, George W. Bush is ending his presidency in characteristically aggressive fashion, with a swath of controversial measures designed to reward supporters and enrage opponents.

By the time he vacates the White House, he will have issued a record number of so-called ‘midnight regulations’ – so called because of the stealthy way they appear on the rule books – to undermine the administration of Barack Obama, many of which could take years to undo.

Dozens of new rules have already been introduced which critics say will diminish worker safety, pollute the environment, promote gun use and curtail abortion rights. Many rules promote the interests of large industries, such as coal mining or energy, which have energetically supported Bush during his two terms as president. More are expected this week.

America’s attention is focused on the fate of the beleaguered car industry, still seeking backing in Washington for a multi-billion-dollar bail-out. But behind the scenes, the ‘midnight’ rules are being rushed through with little fanfare and minimal media attention. None of them would be likely to appeal to the incoming Obama team.

The regulations cover a vast policy area, ranging from healthcare to car safety to civil liberties. Many are focused on the environment and seek to ease regulations that limit pollution or restrict harmful industrial practices, such as dumping strip-mining waste.

The Bush moves have outraged many watchdog groups. ‘The regulations we have seen so far have been pretty bad,’ said Matt Madia, a regulatory policy analyst at OMB Watch. ‘The effects of all this are going to be severe.’

Bush can pass the rules because of a loophole in US law allowing him to put last-minute regulations into the Code of Federal Regulations, rules that have the same force as law. He can carry out many of his political aims without needing to force new laws through Congress. Outgoing presidents often use the loophole in their last weeks in office, but Bush has done this far more than Bill Clinton or his father, George Bush sr. He is on track to issue more ‘midnight regulations’ than any other previous president.

Many of these are radical and appear to pay off big business allies of the Republican party. One rule will make it easier for coal companies to dump debris from strip mining into valleys and streams. The process is part of an environmentally damaging technique known as ‘mountain-top removal mining’. It involves literally removing the top of a mountain to excavate a coal seam and pouring the debris into a valley, which is then filled up with rock. The new rule will make that dumping easier.

Another midnight regulation will allow power companies to build coal-fired power stations nearer to national parks. Yet another regulation will allow coal-fired stations to increase their emissions without installing new anti-pollution equipment.

The Environmental Defence Fund has called the moves a ‘fire sale of epic size for coal’. Other environmental groups agree. ‘The only motivation for some of these rules is to benefit the business interests that the Bush administration has served,’ said Ed Hopkins, a director of environmental quality at the Sierra Club. A case in point would seem to be a rule that opens up millions of acres of land to oil shale extraction, which environmental groups say is highly pollutant.

There is a long list of other new regulations that have gone onto the books. One lengthens the number of hours that truck drivers can drive without rest. Another surrenders government control of rerouting the rail transport of hazardous materials around densely populated areas and gives it to the rail companies.

One more chips away at the protection of endangered species. Gun control is also weakened by allowing loaded and concealed guns to be carried in national parks. Abortion rights are hit by allowing healthcare workers to cite religious or moral grounds for opting out of carrying out certain medical procedures.

A common theme is shifting regulation of industry from government to the industries themselves, essentially promoting self-regulation. One rule transfers assessment of the impact of ocean-fishing away from federal inspectors to advisory groups linked to the fishing industry. Another allows factory farms to self-regulate disposal of pollutant run-off.

The White House denies it is sabotaging the new administration. It says many of the moves have been openly flagged for months. The spate of rules is going to be hard for Obama to quickly overcome. By issuing them early in the ‘lame duck’ period of office, the Bush administration has mostly dodged 30- or 60-day time limits that would have made undoing them relatively straightforward.

Obama’s team will have to go through a more lengthy process of reversing them, as it is forced to open them to a period of public consulting. That means that undoing the damage could take months or even years, especially if corporations go to the courts to prevent changes.

At the same time, the Obama team will have a huge agenda on its plate as it inherits the economic crisis. Nevertheless, anti-midnight regulation groups are lobbying Obama’s transition team to make sure Bush’s new rules are changed as soon as possible. ‘They are aware of this. The transition team has a list of things they want to undo,’ said Madia.

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…]

President-Elect Barack Obama’s Press Conference | Dec 1 2008

Part Two

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