Tag: The Patriot Act

Former constitutional lawyer and columnist on civil liberties and U.S. national security issues for The Guardian, Glenn Greenwald joined Democracy Now!‘s Amy Goodman to discuss how US spying in out allies has become an institutionalized obsession with surveillance.

The spat over U.S. spying on Germany grew over the weekend following reports the National Security Agency has monitored the phone calls of Chancellor Angela Merkel since as early as 2002, before she even came to office. The NSA also spied on Merkel’s predecessor, Gerhard Schroeder, after he refused to support the Iraq War. NSA staffers working out of the U.S. embassy in Berlin reportedly sent their findings directly to the White House. The German tabloid Bild also reports President Obama was made aware of Merkel’s phone tap in 2010, contradicting his apparent claim to her last week that he would have stopped the spying had he known. In another new disclosure, the Spanish newspaper El Mundo reports today the NSA tracked some 60 million calls in Spain over the course of a month last year. A delegation of German and French lawmakers are now in Washington to press for answers on the allegations of U.S. spying in their home countries.

Jay Ackroyd at Eschaton thought this part of the lengthy interview deserved to be highlighted:

    So, for the top national security official in the United States to go to the Senate and lie to their faces and deny that the NSA is doing exactly that which our reporting proved that the NSA was in fact doing is plainly a crime, and of course he should be prosecuted, and would be prosecuted if we lived under anything resembling the rule of law, where everybody is held and treated equally under the law, regardless of position or prestige. Of course, we don’t have that kind of system, which is why no Wall Street executives have been prosecuted, no top-level Bush officials were prosecuted for torture or warrantless eavesdropping, and why James Clapper hasn’t been prosecuted despite telling an overt lie to Congress. And what’s even more amazing, though, Amy, is that not only has James Clapper not been prosecuted, he hasn’t even lost his job. He’s still the director of national intelligence many months after his lie was revealed, because there is no accountability for the top-level people in Washington.

   And the final thing to say about that is, there’s all kinds of American journalists who love to go on television and accuse Edward Snowden of committing all these grave and horrible crimes. They’re so brave when it comes to declaring Edward Snowden to be a criminal and calling for [inaudible]. Not one of them has ever gone on television and said, “James Clapper committed crimes, and he ought to be prosecuted.” The question that you just asked journalistically is such an important and obvious one, yet not-none of the David Gregorys or Jeffrey Toobins or all these American journalists who fancy themselves as aggressive, tough reporters, would ever dare utter the idea that James Clapper ought to be arrested or prosecuted for the crimes that he committed, because they’re there to serve those interests and not to challenge or be adversarial to them.

Jay also pointed out e-mail exchange between Glenn and Bill Keller, the former executive editor of The New York Times, in an op-ed by Keller.

Is Glenn Greenwald the Future of News?

by Bill Keller

Much of the speculation about the future of news focuses on the business model: How will we generate the revenues to pay the people who gather and disseminate the news? But the disruptive power of the Internet raises other profound questions about what journalism is becoming, about its essential character and values. This week’s column is a conversation – a (mostly) civil argument – between two very different views of how journalism fulfills its mission.

Glenn Greenwald broke what is probably the year’s biggest news story, Edward Snowden’s revelations of the vast surveillance apparatus constructed by the National Security Agency. He has also been an outspoken critic of the kind of journalism practiced at places like The New York Times, and an advocate of a more activist, more partisan kind of journalism. Earlier this month he announced he was joining a new journalistic venture, backed by eBay billionaire Pierre Omidyar, who has promised to invest $250 million and to “throw out all the old rules.” I invited Greenwald to join me in an online exchange about what, exactly, that means.

It’s long but worth the read.  

In Russia, NSA whistleblower Edward Snowden appeared in public for the first time since he was grated asylum by the Russian government. He met with other whistleblowers and activists to receive the Sam Adams Award for Integrity in Intelligence.

RT News interviewed whistleblowers and activists Jesselyn Radack, Thomas Andrews Drake, Ray McGovern and Coleen Rowley in their studio after the award was presented.

It was announced last week that The Guardian and The New York Times had formed a partnership to report on the documents the were leaked by Edward Snowden in relationship to the involvement of the UK’s GCHQ. The arrangement came after the British government demanded that The Guardian hand over the NSA files in their possession. Instead, The Guardian choose to destroy the records that were in their UK offices.

Journalists in America are protected by the first amendment which guarantees free speech and in practice prevents the state seeking pre-publication injunctions or “prior restraint”.

It is intended that the collaboration with the New York Times will allow the Guardian to continue exposing mass surveillance by putting the Snowden documents on GCHQ beyond government reach. Snowden is aware of the arrangement.

The collaboration echoes that of the partnership forged in 2010 between the Guardian, the New York Times and Der Spiegel in relation to WikiLeaks’s release of US military and diplomatic documents.

In a more quiet arrangement, ProPublica, a unique nonprofit investigative reporting group of former journalists, has also partnered with The Guardian but it is not yet known on they will focus. ProPublica has won two Pulitzer Prizes for its reporting on national and investigative reporting.

Charles Pierce, at Esquire’s Politics Blog has been following the NSA story and the unique poutrage over Snowden and The Guardian‘s journalist Glenn Greenwald that ignited a laughable mini blog war. He offered a couple of amusingly precise observations on the Snowden effect:

The current state of play seems to be centered on the new family fun game, How Much Of A Dick Is Glenn Greenwald Anyway? I decline to play. It is a stupid, wasteful exercise because, frankly, the vessel doesn’t matter to me. The information that it carries is the only thing that matters. What has Edward Snowden, International Man Of Luggage, revealed that isn’t true? I don’t want to hear that we all knew it already. I don’t want quibbling about how the data sweeps work, and how they might not be as horrible as they’re being made out to be because I don’t trust the people making that argument. I don’t to hear about how the fudging of the details of David Miranda’s arrest somehow lessens the credibility of what we now know. I don’t want to hear how it may have inconvenienced our all-too-human-mistake-prone heroes in the NSA, who are they all, all honorable men. What do we know now because of the revelations that is not true? The fact remains that we do not know any of this without Snowden’s revelations to Greenwald and, thereby, to the world. The national conversation is not even happening. The NSA is not owning up to its all-too-human mistakes. The FISA Court isn’t retroactively flexing to prove it isn’t the intelligence community’s poodle. The authoritarian impulse has not even been given the brief pause we currently enjoy. None of this happens without Snowden and Greenwald and, as a citizen, I could care less that people think Glenn Greenwald is full of himself. Don’t invite him to dinner.

Charles then jogs the memories of those who care to have forgotten how Iran/Contra began:

For the benefit of anyone for whom reading is perhaps not fundamental, Glenn Greenwald’s personality, and the peripatetic globe-trotting of Edward Snowden, are not the story here. If you decide to make them the story, then you are taking yourself off the real story, and that’s your fault, not Greenwald’s or Snowden’s. Unless, of course, you think the Times, and now ProPublica, are acting the way Lyndon LaRouche’s people did. I remind folks who get caught up in the vessel and miss what’s inside that, on November 3, 1986, there was an oddball story in an obscure Lebanese weekly newspaper called al-Shiraa about arms transfers in the Middle East. This story was flatly denied by everyone in this country — including President Ronald Reagan — and al Shiraa was treated as though it was being put out by two guys with a mimeograph machine in their mother’s basement. This, boys and girls, was how the Iran-Contra scandal began. The government “hit back.” It didn’t matter. The story remained the story. And, it could be argued, the country never really caught up with what al Shiraa reported.

The country and the world have Snowden and Greenwald to thank for holding the current administration to its promise of transparency, their personal lives and beliefs are irrelevant.  

As a hearing on reining in the secret surveillance program was taking place, another “tool” in the NSA’s collection of on-line data was revealed to the public.

Senate Panel Presses N.S.A. on Phone Logs

by Charlie Savage and David E. Sanger, The New York Times

Senators of both parties on Wednesday sharply challenged the National Security Agency’s collection of records of all domestic phone calls, even as the latest leaked N.S.A. document provided new details on the way the agency monitors Web browsing around the world.

At a Senate Judiciary Committee hearing, the chairman, Patrick J. Leahy, Democrat of Vermont, accused Obama administration officials of overstating the success of the domestic call log program. He said he had been shown a classified list of “terrorist events” detected through surveillance, and it did not show that “dozens or even several terrorist plots” had been thwarted by the domestic program.

“If this program is not effective it has to end. So far, I’m not convinced by what I’ve seen,” Mr. Leahy said, citing the “massive privacy implications” of keeping records of every American’s domestic calls.

XKeyscore: NSA tool collects ‘nearly everything a user does on the internet’

by Glenn Greenwald, The Guardian

• XKeyscore gives ‘widest-reaching’ collection of online data

• NSA analysts require no prior authorization for searches

• Sweeps up emails, social media activity and browsing history

• NSA’s XKeyscore program – read one of the presentations

A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden.

The NSA boasts in training materials that the program, called XKeyscore, is its “widest-reaching” system for developing intelligence from the internet.

The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian’s earlier stories on bulk collection of phone records and Fisa surveillance court oversight.

The files shed light on one of Snowden’s most controversial statements, made in his first video interview published by the Guardian on June 10.

“I, sitting at my desk,” said Snowden, could “wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email”.

US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden’s assertion: “He’s lying. It’s impossible for him to do what he was saying he could do.”

But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed.

XKeyscore, the documents boast, is the NSA’s “widest reaching” system developing intelligence from computer networks – what the agency calls Digital Network Intelligence (DNI). One presentation claims the program covers “nearly everything a typical user does on the internet”, including the content of emails, websites visited and searches, as well as their metadata.

Analysts can also use XKeyscore and other NSA systems to obtain ongoing “real-time” interception of an individual’s internet activity.

All In host Chris Hayes talks about the new efforts at transparency and the latest NSA revelations courtesy of Edward Snowden with Senator Richard Blumenthal (D-CT) and Glenn Greenwald of The Guardian.

With the crackdown on whistleblowers and failure to pursue the crimes they revealed, one wonders just how far is the US from becoming the Soviet Russia of the 21st century.

On Thursday the White House was mum on whether they would seek renewal of the “secret” court order that allows the NSA to collect the phone records and e-mails of Americans without due process.

Officials declined to discuss what action they intend to take about the order at the center of the current surveillance scandal, which formally expires at 5pm Friday. [..]

On Thursday, the administration would not answer a question first posed by the Guardian six days ago about its intentions to continue, modify or discontinue the Verizon bulk-collection order. The White House referred queries to the Justice Department. “We have no announcement at this time,” said Justice Department spokesman Brian Fallon. The NSA and office of the Director of National Intelligence did not respond to questions.

At a hearing on Wednesday before the House Judiciary Committee, the top lawyer for the director of national intelligence, Robert S Litt, was asked by the chairman, Bob Goodlatte, if the administration thought if a surveillance program “of this magnitude … could be indefinitely kept secret from the American people?”

Litt answered, “well, we tried.”

Since the cat is out of the bag, so to speak, the White House decided on Friday to come clean that they would continue to violate the Fourth Amendment with impunity:

In an unprecedented move prompted by the Guardian’s disclosure in June of the NSA’s indiscriminate collection of Verizon metadata, the Office of the Director of National Intelligence (ODNI) has publicly revealed that the scheme has been extended yet again.

The statement does not mention Verizon by name, nor make clear how long the extension lasts for, but it is likely to span a further three months in line with previous routine orders from the secret Foreign Intelligence Surveillance Court (Fisa). [..]

The decision to go public with the latest Fisa court order is an indication of how the Obama administration has opened up the previously hidden world of mass communications surveillance, however slightly, since former NSA contractor Edward Snowden exposed the scheme to the Guardian.

Earlier on Friday, ODNI lawyer, Litt, told the Brookings Institute that the intelligence chiefs would consider NSA data collection changesbut continued defending the unconstitutional program:

“It is, however, not the only way that we could regulate intelligence collection,” Litt said. “We’re currently working to declassify more information about our activities to inform that discussion,” particularly concerning the bulk collection of Americans’ telephone records. [..]

“That could be a significant problem in a fast-moving investigation where speed and agility are critical, such as the plot to bomb the New York City subways in 2009,” Litt said.

But Litt also noted: “All of the metadata we get under this program is information that the telecommunications companies obtain and keep for their own business purposes.”

He acknowledged in the beginning of his speech: “There is an entirely understandable concern that the government may abuse this power.”

In response to a question about the legality of the program, Litt also suggested that congress could pass a law permitting the NSA to collect the records.

“You’d have to make sure that it enables the kind of flexibility and operational agility that we need to conduct the collection,” Litt said. “We don’t think a new statute is necessary. We think we have the authority. But obviously, if Congress thinks a new statute is appropriate for this, Congress can provide that.”

Brilliant, let’s pass another unconstitutional law. Way to go, Barack.

President Obama explains why Americans should not be concerned about the NSA’s secret data collection program and that he is very different from George W. Bush.

With special thanks to Mike Masnick at Techdirt who also provided a partial transcript of his favorite lines which, as he says, is  most of the video.

Warning: Do Not Eat or Drink While Watching

At his blog, Glenn Greenwald posted that he had written an article for O Globo, the large Brazilian newspaper based in Rio de Janeiro revealing that millions of Brazilians emails and calls, too, had been scooped up by the US spy program. This followed on the news in Der Spiegel that gave a detailed account of the mass collection of data from the electronic communications of Germans. The Brazilian government is now demanding an explanation from the US.

The foreign minister, Antonio Patriota, expressed “deep concern” about a report that appeared in O Globo newspaper at the weekend, which detailed how the US National Security Agency (NSA) had conducted extensive spying activities in Brazil.

Based on documents provided by Snowden, the O Globo story showed how the US had been carrying out covert surveillance on ostensibly friendly nations. Similar reports in Europe and Hong Kong have sparked indignation in recent weeks.

After the Brazilian president, Dilma Rousseff, called in cabinet ministers to discuss the issue, the government issued a statement of concern.

After the flight carrying Bolivian president Evo Morales was forced to land in Austria over the suspicion that NSA whistleblower Edward Snowden was on board, Bolivia and two other Latin American countries, Venezuela and Nicaragua have offered Snowden asylum. The offers spark some rather undiplomatic responses from elected officials on the Sunday talk shows. The most notable was from Sen. Robert Menedez (D-NJ) who, after calling for sanctions against the three countries, told Meet the Press‘s David Gregory:

“I’m not surprised by the countries that are offering him asylum,” Menendez said Sunday. “They like sticking it to the United States.”

The second half of Glenn Greenwald’s interview with Snowden that was taped in Hong Kong by Laura Poitras on 6 June 2013 was posted at The Guardian.

Juan Cole had this to say about the NSA spying and the Obama administration

The general disappointment with the Obama administration on issues of surveillance, drone warfare, the surge in Afghanistan, extension of the Bush tax cuts for the super-rich, labor issues and the environment felt by anyone to the left of David Brooks appears to be a factor in Snowden’s whistleblowing. He must also have been frustrated to see Senators such as Ron Wyden (D-OR) muzzled and unable to tell the American people forthrightly what was troubling him about the secret interpretation of the USA Patriot Act (which is of course the most unpatriotic piece of legislation ever passed). Muzzling a sitting senator about an issue of clear public concern surely is unconstitutional. You can’t have a democracy that way. Snowden knew this and is trying to restore what we lost to the National Security Super-State.

As the United States scrambles to cover up the contradictory web if lies it has woven over the NSA spying, the Europeans have expressed their displeasure and threatened to scuttle talks on the trade agreement with the US. This left President Barack Obama, who has been touring Africa, trying to mend fences:

After the Guardian’s disclosure that US agencies were secretly bugging the French embassy in Washington and France’s office at the UN in New York, (French president, François) Hollande called for an immediate halt to the alleged spying.

“We cannot accept this kind of behaviour between partners and allies,” he said. “We ask that this stop immediately … There can be no negotiations or transactions in all areas until we have obtained these guarantees, for France but also for all of the European Union … We know well that there are systems that have to be checked, especially to fight terrorism, but I don’t think that it is in our embassies or in the European Union that this threat exists.”

(German chancellor, Angela) Merkel delivered her severest warning yet on the NSA debacle. “We are no longer in the cold war,” her spokesman, Steffen Seibert, said. “If it is confirmed that diplomatic representations of the European Union and individual European countries have been spied upon, we will clearly say that bugging friends is unacceptable.”

Seibert said Berlin was keen on the trade talks with Washington, but qualified that support: “Mutual trust is necessary in order to come to an agreement.” [..]

Martin Schulz, the president of the European parliament, likened the NSA to the Soviet-era KGB and indirectly suggested a delay in the talks. Greens in the European parliament, as well as in France and Germany, called for the conference to be postponed pending an investigation of the allegations. They also called for the freezing of other data-sharing deals between the EU and the US, on air transport passengers and banking transactions, for example, and called for the NSA whistleblower, Edward Snowden, to be granted political asylum in Europe. French Greens asked Hollande to grant Snowden asylum in France.

Back in the US, Director of National Intelligence James Clapper is still in hot water despite for his halfhearted letter of apology to Congress for “erroneous” responses to questions he was given days before.

But Clapper did not say in the letter why he had taken him until June to correct the mistake. Senator Wyden’s spokesman made it clear on Monday that the senator had made attempts to get Clapper to correct the record before the revelations in the Guardian, but was rebuffed. “Senator Wyden had a staff member contact the Office of the Director of National Intelligence on a secure phone line soon after the March hearing to address the inaccurate statement regarding bulk collection on Americans.

“The ODNI acknowledged that the statement was inaccurate but refused to correct the public record when given the opportunity. Senator Wyden’s staff informed the ODNI that this was a serious concern.

“Senator Wyden continued to raise concerns about the government’s reliance on secret law in the weeks following the hearing, prior to the Guardian publishing its first story several weeks later.”

A bipartisan group of senators expressed their displeasure  and accused Clapper of intentionally misleading congress to prevent a public discussion of secret interpretations of the Patriot Act thus undermining public trust in government.

A week ago, Sens. Ron Wyden (D-Ore.) and Mark Udall (D-Colo.) wrote Gen. Keith Alexander, head of the NSA, that documents on its web site intended to clarify the two surveillance programs, Section 215 of the Patriot Act and Section 702 of FISA, were ” misleading and inaccurate.” The “fact sheet” were scrubbed from the web site shortly after the senators complaint.

Following a complaint from two senators, the National Security Agency has removed from its website two fact sheets designed to shed light on and defend a pair of surveillance programs. Users now trying to access the documents detailing surveillance under legal authorities known as Section 215 and Section 702 receive an error message when they try to load the fact sheets. [..]

The documents, still available here, were published in the wake of revelations about the extent of the NSA’s surveillance programs. They sought to highlight the safeguards the NSA uses to make sure American communications aren’t caught up in its surveillance – or if they are, what the NSA does to remove identifying information about U.S. citizens. Wyden and Udall, both of whom sit on the Senate Intelligence Committee, have long called for more transparency on how the NSA protects Americans’ privacy — but said the NSA’s fact sheets gave the wrong impression.

Meanwhile in Russia Edward Snowden remains at the Moscow airport without a valid passport. With his asylum options shrinking, he has withdarwn his request for  asylum with Russia after President Vladimir Putin required he stop leaking information about the US spy programs.

Icelandic investigative journalist and spokesperson for WikiLeaks, Kristinn Hrafnsson appeared with Amy Goodman and Aaron Mate on today’s Democracy Now blasting the United States for leaving Snowden “stateless.”

Friday night, journalist for The Guardian and constitutional lawyer, Glenn Greenwald appeared via Skype at Socialism Conference in Chicago. He was introduced by investigative journalist for The Nation and author, Jeremy Scahill. Glenn hinted that there is still more to come on the NSA Surveillance scandal and spoke briefly on new technology that would enable the NSA to collect and store a billion calls a day to its repositories:

“It talks about a brand new technology that enables the national security agency to redirect into its own repositories one billion cell phone calls every single day. One billion cell phone calls every single day,” he said.

“But what we’re really talking about here is a localized system that prevents any form of electronic communication from taking place without its being stored and monitored by the National Security Agency,” Greenwald continued. “It doesn’t mean that they’re listening to every call, it means they’re storing every call and have the capability to listen to them at any time, and it does mean that they’re collecting millions upon millions upon millions of our phone and email records.”

(my emphasis)

Here is the full video with a lot of cheering of Jeremy and Glenn and some pretty amusing remarks about the White House and media campaign to impugn Glenn.

You know you’ve screwed up when an agent from one of the most secretive and notorious spy agencies tells you so. A former lieutenant colonel in the now defunct East German secret police, the Stasi, Wolfgang Schmidt was “appalled” saying that ” gathering such a broad, seemingly untargeted, amount of information is obvious”

“It is the height of naivete to think that once collected this information won’t be used,” he said. “This is the nature of secret government organizations. The only way to protect the people’s privacy is not to allow the government to collect their information in the first place.”

Now the Ecuadoran government has broken its trade pact with the United States to prevent it from being used as “blackmail” over the request for asylum from Edward Snowden.

The waiving of preferential trade rights followed threats from members of the US congress to drop the ATPA in July, when it is due for renewal, unless Ecuador toed the line on Snowden.

“Ecuador does not accept pressure or threats from anyone, nor does it trade with principles or submit them to mercantile interests, however important those may be,” said Fernando Alvarado, the communications secretary.

“Ecuador gives up, unilaterally and irrevocably, the said customs benefits.”

Meanwhile the US Army has blocked access to parts of The Guardian website to preserve ‘network hygiene’

A spokesman said the military was filtering out reports and content relating to government surveillance programs to preserve “network hygiene” and prevent any classified material appearing on unclassified parts of its computer systems.[..]

The Pentagon insisted the Department of Defense was not seeking to block the whole website, merely taking steps to restrict access to certain content.

But a spokesman for the Army’s Network Enterprise Technology Command (Netcom) in Arizona confirmed that this was a widespread policy, likely to be affecting hundreds of defence facilities.

Besides being an illogical in its defense of leaked information that is now public knowledge, the dogs forbid, these young GI’s should know what it is they’re defending.

At least the Senate isn’t slacking on asking for an explanation. In bipartisan letter, 26 Senators are seeking answers from intelligence chief James Clapper over scale of and justification for NSA surveillance

The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.

In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian. [..]

They ask Clapper to publicly provide information about the duration and scope of the program and provide examples of its effectiveness in providing unique intelligence, if such examples exist.

The senators also expressed their concern that the program itself has a significant impact on the privacy of law-abiding Americans and that the Patriot Act could be used for the bulk collection of records beyond phone metadata. [..]

In addition to raising concerns about the law’s scope, the senators noted that keeping the official interpretation of the law secret and the instances of misleading public statements from executive branch officials prevented the American people from having an informed public debate about national security and domestic surveillance.

At the National Rifle Association heads will be exploding. As Marcy Wheeler noted at emptywheel, one of the questions the Senators asked is a “loaded gun”:

It can be used to collect information on credit card purchases, pharmacy records, library records, firearm sales records, financial information, and a range of other sensitive subjects. And the bulk collection authority could potentially be used to supersede bans on maintaining gun owner databases, or laws protecting the privacy of medical records, financial records, and records of book and movie purchases. [Marcy’s emphasis]

At Hullabaloo, David Atkins points out a few problems with the arguments defending the government. He makes two very valid points that should be embarrassing for certain defenders of President Obama and the NSA spying:

In all the manufactured outrage against Snowden for leaking and Greenwald for doing his job as a journalist, there have been two main strains of thought. The first is that whatever the government does in the name of “national security” should be accepted without question, that if one is sworn to secrecy one should never reveal secrets under any circumstance, and that journalistic freedom of speech itself should be called into question if it interferes in any way with whatever government officials say they’re doing in the name of “national security.”

That is a fascist argument that has no place in civil American society, and that should embarrass anyone who uses it.

The second argument is about equal application of rule of law, and it carries a little more moral weight. That argument centers around balance of powers and the notion that it should not be up to random individuals to determine what secrets should remain secrets based on their own moral compass. It’s based around notions of universal rule of law, and is not a fascist one but an institutionalist one. It’s the argument that animates much of the anti-Snowden left.

But for anyone to argue that point with credibility, one must also oppose the rampant leaks coming from inside the government apparatus as well.[..]

If someone denounces Snowden and Greenwald but claims to be to the left of Peter King, they must also denounce the government’s selective leaks and demand prosecution of those involved, or lose all credibility and claims to intellectual consistency. To selectively defend or extol lawbreaking behavior depending on who is in office and what issue is being defended, is the worst sort of political hackery and hypocrisy.

All In host Chris Hayes points to the unequal and uneven response to leaked information that advances the Pentagon’s agenda and leaked information that doesn’t.

On that note this:

The Criminal NSA

by Jennifer Stisa Granick and Christopher Jon Sprigman, The New York Times

THE twin revelations that telecom carriers have been secretly giving the National Security Agency information about Americans’ phone calls, and that the N.S.A. has been capturing e-mail and other private communications from Internet companies as part of a secret program called Prism, have not enraged most Americans. Lulled, perhaps, by the Obama administration’s claims that these “modest encroachments on privacy” were approved by Congress and by federal judges, public opinion quickly migrated from shock to “meh.”

It didn’t help that Congressional watchdogs – with a few exceptions, like Senator Rand Paul, Republican of Kentucky – have accepted the White House’s claims of legality. The leaders of the Senate Intelligence Committee, Dianne Feinstein, Democrat of California, and Saxby Chambliss, Republican of Georgia, have called the surveillance legal. So have liberal-leaning commentators like Hendrik Hertzberg and David Ignatius.

This view is wrong – and not only, or even mainly, because of the privacy issues raised by the American Civil Liberties Union and other critics. The two programs violate both the letter and the spirit of federal law. No statute explicitly authorizes mass surveillance. Through a series of legal contortions, the Obama administration has argued that Congress, since 9/11, intended to implicitly authorize mass surveillance. But this strategy mostly consists of wordplay, fear-mongering and a highly selective reading of the law. Americans deserve better from the White House – and from President Obama, who has seemingly forgotten the constitutional law he once taught.

America’s Animal Farm: Snowden and the Squealer

by Jonathan Turley, law professor Georgetown University

For many, the recent disclosure of massive warrantless surveillance programs of all citizens by the Obama administration has brought back memories of George Orwell’s 1984. Such comparisons are understandable not only with the anniversary of the book occurring the very week of the disclosures but the Administration’s “doublethink” interpretations of common terms like “transparency” and “privacy.” According to President Obama, the secret surveillance program is not only entirely “transparent” but something of a triumph of privacy.

Yet, another Orwell book seems more apt as the White House and its allies try to contain the scandal: Animal Farm.

Orwell wrote the fanciful account of a farm society of animals at the end of World War II during a period of authoritarian power and government propaganda. The farm government proclaimed equality of all animals but, as the pig Squealer explained, “all animals are equal, but some animals are more equal than others.” As our leaders joined together on television to bloviate about the need to capture and try the “traitor” Snowden, they were affirming a system of laws that seems to apply to the governed exclusively.