Tag Archives: Holder

New rules for spying on journalists

By Christopher B. Daly 

No surprise. The government has decided that it does not want to completely retreat from the field of spying on, investigating, and prosecuting journalists who seek and report the truth about our government’s operations. The Justice Dept is willing to make a few concessions, in acknowledgement that it recently got caught over-reaching in a number of cases. But it is nowhere near saying that the First Amendment’s guarantee of press freedom means what it says.

That’s my understanding of what AG Eric Holder announced yesterday in compliance with a demand from his boss, President Obama.

–Here’s coverage by the Times and the Post. (Complete with lots of comments that should not be missed.)

–Here’s the text of the Justice Dept report. (I am posting this in good faith; I hope the Justice Dept is doing the same and is not hiding some classified, redacted version in which they take it all back.)

Essentially, it amounts to this: Trust us. In the future, the attorney general will continue to make judgment calls and do all the balancing of press freedom and national security. If you don’t like it, tough. There’s no appeal, no remedy, no oversight.

If in the future, we have more secrecy and less transparency, this will be part of the reason.

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Obama: Wrong on spying, secrecy, leaks.

By Christopher B. Daly

imgres3The outrages just keep piling up. President Obama, Attorney General Eric Holder, and their advisers just don’t get it: the government exists to help the people do the things they want to do but can’t do without joining together. It does not exist for its own sake. It does not exist to expand its own power. It does not exist to spy on its own citizens. As liberals, lawyers, and constitutional scholars, they should know all this. What is wrong with these people?

The latest scandal involves the notorious NSA (for “No Such Agency”). As Glenn Greenwald disclosed in a Guardian exclusive, the NSA is collecting phone records from Verizon for every call made by every Verizon customer, domestic and international. To quote Greenwald:

The document shows for the first time that under the Obama administration the communication records of millions of US citizens are being collected indiscriminately and in bulk – regardless of whether they are suspected of any wrongdoing.

 As they run for cover, the officials involved are going to claim that “it’s all perfectly legal,” because they got a judge to sign off on it, through the special courts set up by the Foreign imagesIntelligence Surveillance Act. (FISA) This is one of many legacies of the over-reaction to the 9/11 attack and the Bush administration’s ensuing “war on terror.” In the name of fighting terror, which is diminishing, U.S. officials in Congress, the executive branch, and the courts have

–unleashed a secretive spy agency

–to spy on Americans

–using a legal OK from a secret court.

It should be noted that, of course, the whole operation is secret. We were never supposed to learn that our phone records are being routinely collected on a vast scale. (Note: as far as we know, they are not recording the content of those calls, only metadata such as the number being called, timing, duration, location, etc.) If it were not for an investigative reporter ferreting out stuff he is not supposed to find out, we the people would never know about this.

It’s possible that the American people, informed of this huge data grab, will decide this is a good and wise thing to do. Fine. If that’s the consensus, I will abide by that. But we at least deserve to know what’s going on and debate whether it is a wise use of our government’s power.

On the subject of leaks, here is a thought exercise: what disclosures of information would you rather NOT know about? Would you want to close your eyes to Abu Gharib? the “Fast and Furious” screw-up? The IRS abuses?

There are countries where secrets stay secret, and I would not want to live in any of them.

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The NSA case brings up another question: why do the telecom companies roll over so readily every time the government comes calling?

Here is a report from the indispensable Electronic Frontier Foundation showing which companies turn over what kinds of data.

Here is an analysis from TNR about why the telecoms are different from social media companies. Worth considering.

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Another question: Does the NSA data grab include phone records for the White House? For the Holder residence? For the home or office numbers of the members of the House and Senate images-1Intelligence committees? For any journalists who have perfectly good reasons to make phone calls to Yemen, Somalia, Pakistan and other terror hideouts? Does it include the home phone of the judge who signed the secret order?

 

One more: Does no one remember the Church committee hearings or findings?

Sheesh. 

 

 

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Filed under First Amendment, Journalism, leaks, Politics, President Obama