Edward Snowden And The Assault On Journalism

Mike Rogers - basically, Peter King, part 2.

 

The pig squeals ever louder. Embarrassed at having been caught red-handed secretly violating the US constitution’s prohibitions on unreasonable search and outraged that their power to do what they like without oversight should ever be called into question, those at the heart of the national security apparatus and their apologists in Congress are lashing out. And in their fury and blind fear of being exposed, they are no longer restricting their attacks to the arch-whistleblower, Edward Snowden himself, but are now expanding their campaign to target those journalists who dare to report and lay bare the abuses of power that Snowden revealed.

Representative Mike Rogers, the chairman of the House Intelligence Committee, has become the latest to join the fray, casting doubt on the motives of journalist Glenn Greenwald who worked with Snowden to bring the NSA’s clandestine public surveillance activities into the light of day. The Guardian reports:

Congressman Mike Rogers, chairman of the House intelligence committee, suggested Greenwald was a “thief” after he worked with news organizations who paid for stories based on the documents.

“For personal gain, he’s now selling his access to information, that’s how they’re terming it … A thief selling stolen material is a thief,” Politico quoted Rogers as saying after a committee hearing on Tuesday. Rogers said his source for the information was “other nations’ press services”.

If, by “selling his access to information”, Rogers means “charging a standard rate to write articles for publications based on his investigative journalism” then I suppose the accusation is spot-on. But of course, it could also be leveled just as easily at any other freelance reporter in the country, and is therefore completely meaningless.

Mike Rogers seems to think that the appropriate mode of behaviour on stumbling upon evidence of criminal activity and abuse of public trust by the government and making it public is to enter into some saintlike – almost socialist, shall we say – stance whereby any future commentary or writing about that subject is then given away for free to all and sundry. Only then, according to the Mike Rogers doctrine, would one avoid the charge of profiting from stolen material.

Rogers is apparently unfamiliar with the work of Bob Woodward, perhaps the most high-profile American investigative reporter in living memory and someone who conducted journalism that was equally damaging to people in power but which never raised public speculation that he should be charged with a crime, a point which Greenwald also notes in a recent interview with Vice Magazine:

 

Of course, Greenwald does not let Mike Roger’s slanderous accusation that he is profiting from the sale of stolen goods go unchallenged, as The Guardian, his former employer, reports:

Greenwald said that the claim was foolish, unfounded, and designed to intimidate journalists. “The main value in bandying about theories of prosecuting journalists is the hope that it will bolster the climate of fear for journalism,” he tweeted Tuesday.

But Mike Rogers was not the only one to go after Greenwald. James Clapper, the Director of National Intelligence – whose principal accomplishment in office has been to sit in front of Congress and lie to them with a straight face about the extent to which the government monitored the communications of US citizens – also decided to use the terminology of crime and policework when discussing journalists who either worked directly with Snowden or dared to publish information that came from him:

James Clapper, the director of national intelligence, has issued a blistering condemnation of Edward Snowden, calling the surveillance disclosures published by the Guardian and other news outlets a “perfect storm” that would endanger American lives.

Testifying before a rare and unusually raucous public session of the Senate intelligence committee that saw yet another evolution in the Obama administration’s defense of bulk domestic phone records collection, Clapper called on “Snowden and his accomplices” to return the documents the former National Security Agency contractor took, in order to minimize what he called the “profound damage that his disclosures have caused and continued to cause”.

This is a strange development indeed, publicly promoting the idea that a journalist doing their job and reporting government secrets that they themselves did not steal, but which were given to them by a third party informant, is somehow committing a crime. The use of the word “accomplices” by James Clappers says everything that you need to know about his point of view on the leaks, and the contempt in which he holds the American public who are now starting to realise the extent to which their government has been acting in secret.

Even the Director of the FBI got in on the act:

FBI director James Comey said that a reporter “hawking stolen jewelry” was a crime, but it was “harder to say” journalism based off the Snowden leaks was criminal, since such a determination had “first amendment implications.”

This one is a real hoot. Director Comey makes very clear with his choice of words that he would love nothing more than to designate Glenn Greenwald’s (and others who publish information embarrassing to the national security elites) actions a crime, but that he is prevented from doing so because of “first amendment implications”. Note that he does not speak clearly and admit that to do so would be a flagrant breach of the Constitution – no, rather there would merely be “implications”, constitutional hurdles and awkward challenges to be overcome on the road to fulfilling his ultimate goal, namely criminalising free speech.

While the administration of George W. Bush long ago did away with any claim by the Republican Party to basic competence on national security issues, the GOP are by no means alone in their inadequacy – many Democrats seem only too keen to join the false prognosticators and the “mission accomplished” cheerleaders in their continuing efforts to sound tough on every issue of security while speaking absolutely no sense at all. Clapper and Comey, it must be remembered, are appointees of President Obama.

When it comes to those people – be they Republican or Democrat – whose first instinct in any scenario is to defend the government and preserve its power over that of the people – I can only take them as seriously as does this meme that has been doing the rounds:

cheneysnowden

 

An enemy of Dick Cheney’s may not automatically be a friend of mine. But it gets you a good hefty proportion of the way there.

 

Live-Blogging The SOTU 2014

Andrew Sullivan’s excellent live-blog of the State Of The Union 2014 speech delivered by President Obama. My own thoughts and reaction to follow.

Andrew Sullivan's avatarThe Dish

US-POLITICS-STATE OF THE UNION-OBAMA

10.22 pm. The metaphor of the soldier slowly, relentlessly, grindingly putting his life back together was a powerful one for America – and Obama pulled off that analogy with what seemed to me like real passion. One aspect of his personality and his presidency is sometimes overlooked – and that is persistence. He’s been hailed as a hero and dismissed as irrelevant many times. But when you take a step back and assess what he has done – from ending wars to rescuing the economy to cementing a civil rights revolution to shifting the entire landscape on healthcare – you can see why he believes in persistence. Because it works. It may not win every news cycle; but it keeps coming back.

If he persists on healthcare and persists on Iran and persists on grappling, as best we can, with the forces creating such large disparities in wealth, he will…

View original post 1,302 more words

Rand Paul’s False Equivalence On Women’s Rights

 

Senator Rand Paul of Kentucky has been fighting some rearguard defensive action in an attempt to counter claims from the Democratic Party that the GOP is waging a “war on women” in their legislative efforts.

Dredging up the memory of Bill Clinton’s affair with Monica Lewinsky, Paul took to NBC’s “Meet The Press” to make the slightly odd argument that the Democrats have no right to call out the GOP for their retrograde attitude towards women’s equality and freedom because a former Democratic president abused his position of power and treated certain specific women disrespectfully.

Politico reports:

Sen. Rand Paul said Sunday that Democrats and those in the media criticizing Republicans for a so-called “War on Women” give a free pass to former-President Bill Clinton’s “predatory behavior” against Monica Lewinsky.

“The Democrats — one of their big issues is they’ve concocted this, ‘Republicans are committing a war on women,'” Kentucky Republican said on NBC’s “Meet The Press.” “One of the work place laws and rules that I think are good is that bosses shouldn’t prey on young interns in their office. I think really the media seems to have given President Clinton a pass on this. He took advantage of a girl that was 20-years-old and an intern in his office. There is no excuse for that and that is predatory behavior.”

“It should be something we shouldn’t want to associate with people who would take advantage of a young girl. This isn’t having an affair — this isn’t me saying, ‘Oh, he’s had an affair. We shouldn’t talk to him.’ Someone who takes advantage of a young girl in their office — I mean really, and then they have the gall to stand up and say that Republicans are having a war on women? So yes, I think it’s a factor. Now it’s not Hillary’s fault. But it is a factor in judging Bill Clinton in history.”

Senator Paul is absolutely right to call out Bill Clinton’s behaviour for what it was – an abuse of his presidential power and symptomatic of a predatory attitude toward women. What makes this different from what the Republican Party has been doing, however, is the fact that the Lewinsky affair was a private indiscretion, and the harm done to women took place in the course of interpersonal relationships between those people directly involved. The Republican Party, on the other hand, has sought to push for legislative outcomes – around contraception, abortion and equal pay to name a few – that would impact all women in the United States. Private action vs. public legislative action. False equivalence.

He waged war on specific women, not all of them as a group. Image from AP.
He waged war on specific women, not all of them as a group.
Image from AP.

 

When it comes to Republicans and standards of personal behaviour, it is all too often a case of “do as we say, not as we do”. Rand Paul now seems to be trying to change this motto into “don’t do as the Democrats say, because of what Bill Clinton did”. It is a flimsy argument, because the uncomfortable truth is that large swathes of the Republican Party have not been marching under the banner of gender equality, even in 2014. And I suspect that it will take more than rushing Rand Paul out on stage to remind us of Bill Clinton’s wandering hands to divert attention from the Repubican Party’s manifold shortcomings in this area.

I find a lot to admire in Rand Paul, who I find infinitely preferable to the GOP’s other main rising star in the US Senate, Ted Cruz. Where Cruz is abrasive and haughty, Rand Paul seems somewhat more collegiate, able to press even his more strident causes (such as his lengthy filibuster against the US policy of drone strikes and targeted assassination of US citizens without trial) without ruffling too many feathers or unduly making enemies. However, by making this false equivalence between the actions of a politician in his private life and the legislative goals of a whole political party, Paul is doing himself, and us a disservice.

Democrats have what Sen. Paul calls “the gall” to accuse Republicans of waging a war on women because unfortunately, a lot of them are. For every tirade by Rush Limbaugh accusing women of being sluts for daring to want birth control to be covered by their health insurance, there is an elected Republican legislator or governor diligently working to actively chip away at women’s rights in slightly more palatable, legislative language.

And so for as long as the Republican Party remains in thrall to the likes of Rush Limbaugh and his unenlightened attitude toward gender equality, they will likely continue to be perceived as “warriors against women”. If Rand Paul is unhappy with this reality it is within his power to do something about it. He has a bully pulpit, and his words command attention. But it is some of his own colleagues that he will need to publicly disown; not Bill Clinton.

Treading Water On NSA Surveillance

It appears from early reports that President Obama intends to punt on the only recommendations made by his surveillance review group that contained any real meat or hope of unpicking the harms done to the fourth amendment.

The New York Times reports:

Mr. Obama plans to increase limits on access to bulk telephone data, call for privacy safeguards for foreigners and propose the creation of a public advocate to represent privacy concerns at a secret intelligence court. But he will not endorse leaving bulk data in the custody of telecommunications firms, nor will he require court permission for all so-called national security letters seeking business records.

In short, the president is determined to continue bulk collection of communications data undeterred, but is willing to play around with the details of who stores the data (the government, the telecoms companies or some kind of shadowy third party consortium), and in a grand gesture to civil libertarians he is willing to promise to actively monitor the communications of acquaintances of acquaintances of a potential suspect, rather than the current acquaintances of acquaintances of acquaintances. This gesture slightly reduces the chance of Kevin Bacon’s communications being flagged as in some way being linked by the NSA to every terrorist in the world, but is otherwise entirely meaningless.

Amen.
Amen.

Foot-dragging, empty gestures and a continued lack of transparency or accountability from anyone involved. So far, so predictable, perhaps.

But what I find slightly more concerning is the way in which the judiciary (at the behest of Chief Justice John Roberts) is seeking to weigh in on what ultimately is a matter of policy, as the New York Times notes:

The developments came as the nation’s judiciary waded into the highly charged debate. In a letter made public on Tuesday, a judge designated by Chief Justice John G. Roberts Jr. to express the views of the judicial branch warned that some changes under consideration would have a negative “operational impact” on a secret foreign intelligence court.

Judge John D. Bates, a former chief judge of the Foreign Intelligence Surveillance Court, urged Mr. Obama and Congress not to alter the way the court is appointed or to create an independent public advocate to argue against the Justice Department in secret proceedings. Any such advocate, he wrote, should instead be appointed only when the court decided one was needed.

Of course, there need not necessarily be anything sinister about this intervention – apparently made on the grounds that it would eat up too much of the court’s time and create excessive workload if they were required to approve all FBI requests for stored bulk records – but it does seem rather odd to me, at face value, that the judiciary is more eager to weigh in on policy proposals when there is a threat to the smooth running of their working day than they are when there is a plausible argument to be made that the government is acting beyond its constitutional authority. The Times also picks up on this:

It is highly unusual for judges to weigh in on public policy debates involving the other two branches of government, but Judge Bates, the director of the Administrative Office of the United States Court, said that Chief Justice Roberts had designated him to “act as a liaison” and that he had consulted other judges.

But again, this is early reporting with the full details of Obama’s upcoming speech and the work behind it not yet made public.

One begins to wonder why President Obama sets up these review boards or commissions, other than as a cosmetic exercise to give the appearance of open-mindedness and willingness to change course. The Bowles-Simpson debt commission forged a tough but real consensus on reforms to American taxation and spending, and was high-handedly dismissed by the administration, and now it appears that the same is about to happen when another of President Obama’s talking shops is due to report back.

Just enough to annoy the Patriot Act manics and those in the national security complex, and far too little to placate civil libertarians rightly concerned about government overreach that we would never have even been made aware of were it not for the actions of Edward Snowden.

The Obama administration’s lack of anything approaching humility or transparency, even after having been caught in the act, is depressing indeed.

“Patriot” Watch, Ctd. 7 – Jim Crow Edition

There has not been a “Patriot” Watch post on Semi-Partisan Sam for several months now, but this does not mean that America’s true patriots (ha) have been derelict in their duties. And by “duties”, I mean their habit of saying ever more outrageous things, associating themselves with thoroughly debunked ideologies and individuals, and generally causing embarrassment to mainstream conservatives who doesn’t necessarily view every implementation of an Obama policy as a call to reach for their muskets and tri-corner hats to march to Washington.

Honoring America...
Honoring America…

Salon Magazine has been keeping tabs, and has published a list of what they call “seven crazy right wing statements” that took place in just the past seven days. It is not an edifying spectacle:

1. Ted Cruz: We need 100 more like Jesse Helms in the Senate

2. Glenn Beck: War is a progressive idea so I am now against it

3. Alex Jones: Globalist cyborgs are coming

4. Stuart Varney and Monica Crowley: EPA is trying to suffocate children

5. Minnesota archbishop: Satan is behind gay marriage

6. Texas GOP gov. candidate tweets that Wendy Davis is “too stupid to be governor.”

7. Internet advice from a nobody who wants to ruin perfect strangers’ lives: Dads, don’t educate your daughters!

Readers can delve into each of these gems at their own leisure; for the purposes of this entry I will focus on just one – Senator Ted Cruz’s unfortunate speech at a Heritage Foundation event honouring the late Senator Jesse Helms. Salon sums up Helms’ character and accomplishments thus:

For those who don’t remember, here are some of the fun-filled, wacky things Helms said and did:

  • He sang the confederate anthem “Dixie” in an elevator with Carol Moseley-Braun, the African-American senator from Illinois, and told Sen. Orrin Hatch in front of her that he was trying to make her cry.
  • He opposed integration, or “mixing of the races,” and called the University of North Carolina the “University of Negroes and Communists” because it was integrated.
  • He led a one-man, 16-day filibuster opposing the designation of Martin Luther King, Jr. Day as a holiday, and threatened to lead one to save South African apartheid.
  • More comically, as chairman of the Senate Foreign Relations Committee, he seemed unable to absorb the fact that the North Korean president’s name was Kim Jong Il, not Kim Jong 2.
  • Unlike other like-minded Southern politicians Strom Thurmond and George Wallace, Helms never disavowed his racist, segregationist views even on his deathbed in 2008.

And this is the man that Ted Cruz chose to praise. In public.

Children, never meet your heroes. Never meet them, for you are bound to be disappointed. This blog has been an unabashed supporter of the likes of former Texas congressman Ron Paul and his son, Kentucky senator Rand Paul, for some time. Frankly, their libertarian, small government message and advocacy for the “real people” as opposed to the moneyed and powerful special interest and elites is a very attractive political quality, albeit one that is dulled somewhat by their obsession with gold and abolishing the Federal Reserve.

But it seems that every time a seemingly viable libertarian-leaning politician emerges on the scene, they manage to torpedo themselves by doing something terribly naive, untoward or downright foolish. In the case of Paul Sr. we had the racist articles in the Ron Paul Newsletter, and in the case of Ted Cruz, the latest rising libertarian star, we now have recorded video footage of him praising an unrepentant racist and segregationist politician for going to Washington D.C. and “saying crazy things”.

Rachel Maddow does a good a job as any of expressing revulsion at Cruz’s decision to praise Helms in such a way:

 

With the Republican Party today, it always seems to be one step forward followed by two steps back. There were initially hopes after the 2012 election that the GOP might revise its stance on immigration reform so as to avoid demographic suicide in the coming decades, but this was swiftly followed by derogatory talk of latino “wetbacks” and children with “calves the size of cantaloupes” (from hauling drugs across the border, apparently) coming from elected Republican lawmakers.

Similarly, with the (at least partial) discrediting of the big-government, big-spending, deficits-be-damned, hawkish neo-conservative wing of the Republican party, it seemed as though an influx of new voices (such as Ted Cruz and Marco Rubio) might lead the GOP to a more appealing, sustainable stance in favour of protecting the rights of the average person rather than the moneyed special interest. One step forward. But, of course, this was followed by lots of shrieking about the unstoppable tide of Obamaist socialism in America, and coddling up to birthers and out-and-out racists. Two steps back.

Not enough people for the GOP to win a national majority again.
Not enough people for the GOP to win a national majority again.

Most of the reasons that this stance is so attractive to Republicans in the short term but so decisively in the medium to long terms have already been covered on this blog and elsewhere. But one angle that perhaps has not been discussed enough is the off-putting effect that these unsavoury positions have on younger voters. We have already seen the GOP reduce their opposition to gay marriage in light of its growing approval, seeming inevitability and support among young people.

Senators Cruz et al. would do well to remember that young people are also, generally speaking, not great fans of racism, segregation or Jim Crow laws, and that speaking at events honouring dead politicians who unabashedly supported all of these things is terrible, terrible PR for the party among new and future voters.

I beg the GOP, as someone who is naturally conservative and libertarian, and would have voted Republican in a previous age – courting the fringe as you are doing now is not worth the damage you are doing to the country, the two-party system or your own future political prospects.