Tag: National Security

One would have thought that with Osama bin Laden gone forever from the scene that the Obama administration and Congress would have stepped back from the continued use of fear of a terrorist attack to whittle away at our freedoms. Apparently, Osama’s demise has actually led to an even greater increase the assault on American’s Constitutional freedoms. Glenn Greenwald enumerates the increased assaults on civil liberties that have been taken since bin Laden’s “summary execution one year ago”:

   *With large bipartisan majorities, Congress renewed the once-controversial Patriot Act without a single reform, and it was signed into law by President Obama; Harry Reid accused those urging reforms of putting the country at risk of a Terrorist attack.

   * For the first time, perhaps ever, a U.S. citizen was assassinated by the CIA, on orders from the President, without a shred of due process and far from any battlefield; two weeks later, his 16-year-old American son was also killed by his own government; the U.S. Attorney General then gave a speech claiming the President has the power to target U.S. citizens for death based on unproven, secret accusations of Terrorism.

   * With large bipartisan majorities, Congress enacted, and the President signed, a new law codifying presidential powers of worldwide indefinite detention and an expanded statutory defintion of the War on Terror.

   * Construction neared completion for a sprawling new site in Utah for the National Security Agency to enable massive domestic surveillance and to achieve “the realization of the ‘total information awareness’ program created during the first term of the Bush administration.”

   * President Obama authorized the use of “signature” drone strikes in Yemen, whereby the CIA can target people for death “even when the identity of those who could be killed is not known.”

   * The U.S. formally expanded its drone attacks in Somalia, “reopening a base for the unmanned aircraft on the island nation of Seychelles.”

   * A U.S. drone killed 16-year-old Pakistani Tariq Aziz, along with his 12-year-old cousin, Waheed, three days after the older boy attended a meeting to protest civilian deaths from U.S. drones (another of Tariq’s cousins had been killed in 2010).

   * NATO airstrikes continued to extinguish the lives of Afghan children; in just the last 24 hours, 5 more Afghan children were killed by the ongoing war.

   * The FBI increased its aggressive attempts to recruit young Muslim-American males into Terror plots which the FBI concocts, funds, encourages, directs and enables, while prosecuting more and more Muslims in the U.S. for crimes grounded in their political views and speech.

President Obama now has power that Bush never had, earning the damning praise of war criminal in retirement, Dick Cheney, “He’s learned that what we did was far more appropriate than he ever gave us credit for while he was a candidate.” The United States is rapidly becoming a surveillance state with no protections for its citizens, thanks to a Democratic administration. Who would have dreamed?

Where have all our freedoms gone? Have they eroded before our eyes because we failed to use them by demanding that our elected representatives protect the Constitution? Did irrational fear of an unseen enemy with no country, armed with a fanatical hatred scare us into allowing those freedoms to be abrogated? Apparently our current government from the executive to the judicial seem to think that the Constitution is a nice idea but its time has passed. We’re at war with “terror” and “terror” will never surrender. Law Professor Jonathan Turley, in an op-ed written shortly after President Obama signed the National Defense Authorization Act into law, enumerated the ten reasons the US is no loner the land of the free:

1. Assassination of U.S. citizens

Last year, President Obama went further than George W. Bush would have dared with the ordered assassination of a US citizen, Anwar al-Awlaqi. Just as the Bush administration justified torture, Pres. Obama justified targeted assassination of an American citizen without due process in a secret memo from administration lawyers. The administration cavalierly calling it “due process in war.” Yet, the US is hypocritical enough to criticize other countries for doing the same.

2. Indefinite detention

Under the NDAA the president can indefinitely detain a citizen that is suspected of terrorism and allow the military to hold them. While President Obama issued a signing statement saying that he would never do that, signing statement have no force of law and are not binding, either for Obama or any future president. Presidents have been known to change their minds, Obama does so on a regular basis.  

3. Arbitrary justice

The president decides who will be tried in the Federal courts or by a military tribunal, a system, as Prof. Turley points out, “that has been ridiculed around the world for lacking basic due process protections.” Yet countries like China and Egypt have rejected tribunals as an alternative to civilian courts.

Those first three reasons totally disregard the Fifth, Sixth and Eighth Amendments

4. Warrantless searches

Under the Patriot Act of 2001, and reinforced by Pres. Obama in 2011, the government can force companies and businesses to turn over citizens records, everything from finances to library records without a warrant and bar the company from telling the targets.

Fourth Amendment? What Fourth Amendment?

5. Secret evidence

The government under the guise of national security says it doesn’t have to show evidence it deems secret for national security thus forcing the dismissal of lawsuits brought against it for illegal detention and torture. This is how the Obama Justice Department has protected the war criminals from the Bush administration not only from civil liability but criminal prosecution for crimes against humanity. As Prof Turley describes, “This allows the government to claim secret legal arguments to support secret proceedings using secret evidence.”

Star Chamber?

6. War Crimes

Since 2009, the President Obama has refused to allow the prosecution of anyone responsible for waterboarding and torture. This in complete disregard of treaty obligations and the Nuremberg principles of international law. The Obama administration went so far as to pressure countries such as Spain to drop criminal investigations of war crimes committed by the Bush administration. Yet the US continues to reserve the right to prosecute war criminals in other countries. ”

“Do as I say not as I do” is the attitude that has fed the hatred of terrorists, as well as, disdain from countries like China when we criticize their human rights violations.

7. Secret court

The Foreign Intelligence Surveillance Court is the United States’ “secret court”, the “star chamber“, that operates in total secrecy. Created in 1978, the eleven judges of the U.S. Foreign Intelligence Surveillance Court (FIS) consider and rule on applications by federal law enforcement and intelligence agencies to conduct electronic surveillance anywhere within the United States. When FISA came up for renewal under the Bush administration it expanded its secret warrants to include individuals deemed to be aiding or abetting hostile foreign governments or organizations. Then Sen. Barack Obama said that he would filibuster the renewal unless certain portions of the bill were fixed to ensure that it did not violate the Constitution. Needless to say, Sen Obama not only did not filibuster the FISA, he voted for it, promising to “fix it” if he was elected president. That was a lie. In 2011, not only did President Obama not fix it, he expanded it to in include secret searches of individuals who are not part of an identifiable terrorist group.

8.  Immunity from judicial review

The Obama administration has pushed for, and granted, immunity of telecommunications companies that assist in warantless surveillance. Citizens who have had their privacy violated by the government no longer have redress.

9. Continual monitoring of citizens

So far the Obama administration has successfully defended in the courts its view that it has the right to use GPS to monitor every move of targeted citizens without securing any court order or review. The case, Jones v. United States, could overturn Katz v. United States which is celebrated as saving privacy in the United States, articulated the principle that “the Fourth Amendment protects people, not places.” That 1967 decision reversed a long erosion of privacy protection and required greater use of warrants by the government.

10. Extraordinary renditions

While the Obama administration has insisted that it no longer transfers persons into the custody of other countries where they could be held and tortured, it is still claiming the right to to order such transfers, including the possible transfer of U.S. citizens.

Prof. Turley goes in to quote those who are justifying these abuses as saying it’s all due to the times we in which we live. But as he so importantly notes in conclusion:

An authoritarian nation is defined not just by the use of authoritarian powers, but by the ability to use them. If a president can take away your freedom or your life on his own authority, all rights become little more than a discretionary grant subject to executive will.

The framers lived under autocratic rule and understood this danger better than we do. James Madison famously warned that we needed a system that did not depend on the good intentions or motivations of our rulers: “If men were angels, no government would be necessary.”

Benjamin Franklin was more direct. In 1787, a Mrs. Powel confronted Franklin after the signing of the Constitution and asked, “Well, Doctor, what have we got – a republic or a monarchy?” His response was a bit chilling: “A republic, Madam, if you can keep it.”

Since 9/11, we have created the very government the framers feared: a government with sweeping and largely unchecked powers resting on the hope that they will be used wisely. [..]

Dishonesty from politicians is nothing new for Americans. The real question is whether we are lying to ourselves when we call this country the land of the free.

What was that “change” that was promised three years ago?

How the public’s attitude toward civil liberties and national security have changes in the last ten years since 9/11. It’s not what you would think. We have evolved, our politicians haven’t.

Public opinion surprises

by Glenn Greenwald

The most common claim to justify endless civil liberties erosions in the name of security — and to defend politicians who endorse those erosions — is that Americans don’t care about those rights and are happy to sacrifice them.  The principal problem with this claim is that it is false, as a new Pew Research poll demonstrates:

It was only in the immediate aftermath of 9/11 that a majority of Americans was prepared to sacrifice civil liberties in the name of Terrorism.  But this game-playing with public opinion — falsely claiming that the public is indifferent to civil liberties in order to justify assaults on them — is common.  To this day, if you criticize President Obama for shielding Bush officials from investigations, you’ll be met with the claim that doing so was politically necessary, even though poll after poll found in the wake of Obama’s inauguration that large majorities wanted those inquiries.  Similarly, when The New York Times revealed that the Bush administration was illegally spying on the communications of Americans without the warrants required by law, Beltway pundits such as Joe Klein in unison “warned” Democrats that Americans were in favor of such measures and it would be politically suicidal to object, even though polls repeatedly showed the opposit.  The same happened when Beltway pundits repeatedly insisted that Americans opposed Congressional investigations into the U.S. Attorneys scandal even when polls showed huge majorities wanting them.

Post-September 11, NSA ‘enemies’ include us

by James Bramford

Somewhere between Sept. 11 and today, the enemy morphed from a handful of terrorists to the American population at large, leaving us nowhere to run and no place to hide.

Within weeks of the attacks, the giant ears of the National Security Agency, always pointed outward toward potential enemies, turned inward on the American public itself. The Foreign Intelligence Surveillance Court, established 23 years before to ensure that only suspected foreign agents and terrorists were targeted by the NSA, would be bypassed. Telecom companies, required by law to keep the computerized phone records of their customers confidential unless presented with a warrant, would secretly turn them over in bulk to the NSA without ever asking for a warrant.

snip

Despite his hollow campaign protests, President Barack Obama has greatly expanded what President George W. Bush began. And through amendments to the Foreign Intelligence Surveillance Act, Congress largely ratified the secret Bush program.

Why does safer mean less free?

by Jeffrey Rosen

After Sept. 11, we’ve been told repeatedly, “Everything changed.” When it comes to the legal balance between liberty and security, however, the truism is at least partly true.

There’s no question that the legal dynamics of privacy and security were transformed by a series of laws and technologies that, in some cases, made us less free but no more safe. Many of these legal responses – the PATRIOT Act, for example – had been proposed years, even decades, earlier but passed only in the wave of fear after the terrorist attacks.

In particular, three of the post-Sept. 11 legal reactions – involving terrorist detentions, domestic surveillance and airport security – have made us a different nation than we could have imagined 10 years ago.

Two administrations, Republican and Democratic, have now asserted the right to detain indefinitely suspected terrorists without trial, to seize the private information of any citizen on the government’s say-so and to subject innocent citizens to virtual strip searches at the airport even when less invasive security technologies are available.

It’s far too extreme to say that, with these legal changes, America has morphed into something unrecognizable – becoming, say, Chile as a result. In fact, things could have been worse – and many of our European allies made similarly unfortunate decisions. But with more leadership, from both the president and Congress, we could have been freer without becoming less safe.

Ten years after 9/11, the ACLU joins all Americans in remembering the unspeakable losses suffered on that tragic day. The 10th anniversary of 9/11 provides an opportunity to reflect on the turbulent decade behind us, and to recommit ourselves to values that define our nation, including justice, due process, and the rule of law.

   Torture: Just as the public debate over the legality, morality, and efficacy of torture was warped by fabrication and evasion, so, too, were the legal and political debates about the consequences of the Bush administration’s lawbreaking. Apart from the token prosecutions of Abu Ghraib’s “bad apples,” virtually every individual with any involvement in the torture program was able to deflect responsibility elsewhere. The military and intelligence officials who carried out the torture were simply following orders; the high government officials who authorized the torture were relying on the advice of lawyers; the lawyers were “only lawyers,” not policymakers. This had been the aim of the conspiracy: to create an impenetrable circle of impunity, with everyone culpable but no one accountable.

   Indefinite detainment: President Obama’s pledge to close Guantanamo was undermined by his own May 2009 announcement of a policy enshrining at Guantanamo the principle of indefinite military detention without charge or trial….The real danger of the Guantanamo indefinite detention principle is that its underlying rationale has no definable limits.

   Targeted assassinations: No national security policy raises a graver threat to human rights and the international rule of law than targeted killing….Under the targeted killing program begun by the Bush administration and vastly expanded by the Obama administration, the government now compiles secret “kill lists” of its targets, and at least some of those targets remain on those lists for months at a time.

   Surveillance: The Obama administration, like the Bush administration before it, has used excessive secrecy to hide possibly unconstitutional surveillance….Hobbled by executive claims of secrecy, Senators Ron Wyden and Mark Udall have nevertheless warned their colleagues that the government is operating under a “reinterpretation” of the Patriot Act that is so broad that the public will be stunned and angered by its scope, and that the executive branch is engaging in dragnet surveillance in which “innocent Americans are getting swept up.”

   Profiling: No area of American Muslim civil society was left untouched by discriminatory and illegitimate government action during the Bush years….To an alarming extent, the Obama administration has continued to embrace profiling as official government policy….There are increasing reports that the FBI is using Attorney General Ashcroft’s loosened profiling standards, together with broader authority to use paid informants, to conduct surveillance of American Muslims in case they might engage in wrongdoing.

   Data mining: Nothing exemplifies the risks our national surveillance society poses to our privacy rights better than government “data mining.”….The range and number of these programs is breathtaking and their names Orwellian. Programs such as eGuardian, “Eagle Eyes,” “Patriot Reports,” and “See Something, Say Something” are now run by agencies including the Director of National Intelligence, the FBI, the Department of Defense, and the Department of Homeland Security….Without effective oversight, security agencies are now also engaged in a “land grab,” rushing into the legal vacuum to expand their monitoring powers far beyond anything seen in our history. Each of the over 300 million cell phones in the United States, for example, reveals its lcation to the mobile network carrier with ever-increasing accuracy, whenever it is turned on, and the Justice Department is aggressively using cell phones to monitor people’s location, claiming that it does not need a warrant.

Our choice is not between safety and freedom; in fact it is our fundamental values that are the very foundation of our strength and security.

While everyone was focusing on the bogus issue of President Obama’s citizenship and busily examining the authenticity of the newly released long form, there was a national security shake up going on that finally got it’s 5 minutes of attention by the media. Defense Secretary Robert Gates had announced that he would be leaving the Pentagon this year. There was some speculation about his replacement that included Secretary of State Hillary Clinton. She has since made it clear that she was not interested and would remain in the critical job steering Obama’s rudderless foreign policy. By law, the Defense Secretary must be a civilian and disqualified if having served in the military in the last 10 years, thus eliminating any of the current or recently retired generals.

The President met this morning with his national security advisors at the White house and announced that current CIA Director Leon Panetta would be replacing Gates and Gen. David Petraeus, the current Afghan war commander, would take over the CIA. The other announcement at the meeting was that Ambassador Ryan Crocker, who was ambassador to Iraq under President Bush, would move to Afghanistan to become the Ambassador there, replacing Karl Eikenberry. One of the most experienced diplomats in the foreign service Crocker has also served as Ambassador to Afghanistan and Pakistan. Marine Lt. Gen. John Allen would replace Petraeus as the commander of the war effort in Afghanistan. Not yet decided, or atleast not announced today was who would replace retiring Gen, Mike Mullen, Chairman of the Joint Chiefs of Staff.

Once again, as we did with Bush CIA Director, Gen. Michael Hayden who continued to wear his uniform, the military dominates the national security agencies. As David Dayen puts it

So the merging of the military and the intelligence community is complete. Within a few years it’ll just be one big black op. The good news is they can cut the military budget then, and put everything into the secret, off-the-books intelligence budget so as not to raise suspicion.

h/t David Dayen at FDL

The New York Times

Susan Crabtree at Talking Points Memo