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Minh Quang Pham Gets His Day in Supreme Court

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emptywheel
I've long been tracking the case of Minh Quang Pham, whom I call the "graphic artist of mass destruction" because he is accused of helping Samir Khan on Inspire. He was detained in the UK back in July 2011 (see the timeline). That December,…
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Did Obama's Beloved "Moderate" FSA Fighters Flee Aleppo?

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Jim White
The Obama Administration continues to hold onto the fantasy that training and equipping a group of "moderate" rebels in Syria will allow threading the gap between the Bashar al-Assad regime that continues to relentlessly attack its own citizens…
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Only Remaining Senator Personally Targeted by Terrorist Attack Still Believes in Constitution

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emptywheel
The Senate just voted down cloture on the USA Freedom Act, 58-42. Even while we disagreed on the bill, I extend sincere condolences to civil liberties allies who worked hard to pass this in good faith. I know you all have worked hard in good…

The Bottom End of the Fourth Amendment

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emptywheel
Here's what self-confessed NEWB FISCR Judge Buzz Arnold said on what he claimed was his fourth day on the job (in reality it was several weeks in) during the hearing on the Yahoo challenge in 2008.   You know--that long tradition…

"There Is No Database"

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emptywheel
I Con the Record has released the transcript for the Yahoo hearing before the FISA Court of Review. I'll come back to the substance of it, but I did want to point to the lie that underscores this entire case.   On page 41,…

Former Surveillance Lawyer Peter Keisler Pushes for Surveillance Limits

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emptywheel
I've been laying low so supporters of USA Freedom can try to get a vote for cloture allowing debate for their bill in the Senate (and also trying to duck getting back into the arguments I made about Jonathan Gruber in 2009 and 2010). I've had…
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Study: Fighting Terrorism With Military Almost Never Works

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Jim White
Remember when the George W. Bush campaign and the Republican Party was attacking John Kerry during the 2004 campaign over comments where they construed as him saying that terrorism is a police matter? Here's a refresher: Bush campaign Chairman…

White House Supports USA Freedom Act, with Bates-Clapper Caveats about Amicus

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emptywheel
The White House has come out with an enthusiastic statement supporting USA Freedom Act. The Administration strongly supports Senate passage of S. 2685, the USA FREEDOM Act. In January, the President called on Congress to enact important changes…

Ed Markey May Not Be Adequately Prepared to Vote on USA Freedom Act

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emptywheel
Update: I realize something about this classification guide. While it was updated in 2012 (so after the Internet dragnet got shut down) it was dated August 2009, so while it was still running. So that part of this may not be location data. But…

Even as Congress Prepares to Legislate, Intelligence Community Stalling on Section 215 IG Report

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emptywheel
I've been covering the DOJ Inspector General's billion-day old review of Section 215. June 2010: Then DOJ IG Glenn Fine lays out investigation June 2013: Transition to Michael Horowitz stalls PATRIOT investigation August 2013: The investigation…
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US Feeding its Addiction to Training Iraqi Military

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Jim White
Political and military leaders in the US are hopelessly addicted to the idea of training an Iraqi military. Never mind that it fails every time a "new" initiative on training is introduced. As soon as the situation in Iraq deteriorates, the…
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Under Cover: The Targets of Stings

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emptywheel
The NYT brought in Will Arkin (partnering with Eric Lichtblau) to talk about the proliferation of the use of undercover officials in government agencies. The Supreme Court, IRS, the Smithsonian, and DOD are all playing dress up to spy on Americans…

Kitties Eat Cardinals and Leave the Guts as a Gift on the Doorstep!!!!

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emptywheel
This is a stub for what will at some point become bmaz' Trash Talk for a week in which our normally hapless teams face each other when it matters. Let's see if he notices... "Don't you play it no mo." Huh. Still hasn't figured…

UNCAT Process Exposes Flaw in US Torture Coverup: DOJ Not Final Authority

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Jim White
A combination of factors is forcing the issue of US torture back into the international spotlight and there are even hints that progress on some fronts is occurring. Consider, for instance, James Risen's report this morning that the American…
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How to Fix the FISA Court ... Or Not

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emptywheel
The government assures us that it does not maintain a database of incidentally collected information from non-targeted United States persons, and there is no evidence to the contrary. On these facts, incidentally collected communications of…

Unsaid at the UN: "Because the President Ordered It"

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emptywheel
I caught a bit of the grilling that UN experts put the US panel of witnesses through, asking about the various areas where the US does not abide by our treaty obligations on torture and cruel treatment. The spin was thick, as US officials tried…

Afghanistan Misses Deadline for Cabinet Formation

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Jim White
Back in September, I called the final agreement between Ashraf Ghani and Abdullah Abdullah a graft-sharing agreement when it paved the way for Ghani to take office as President while Abdullah would assume the extra-constitutional and John Kerry-created…

Fixes for USA Freedom Act

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emptywheel
I'm now being accused by USA Freedom Act champions of not providing constructive suggestions on how to improve USAF (even though I have, both via channels they were involved in and channels they are not party to) [oops, try this tweet, which…

Americans: On the Internet, People Do Too Know You're a Dog

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emptywheel
Back in 1993, cartoonist Peter Steiner famously captured a largely held belief about the Internet: "On the Internet, no one knows you're a dog." According to a fascinating new study from Pew, that's no longer true. Just 24% of adults “agree”…

Why I Don't Support USA Freedom Act

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emptywheel
Earlier today, Harry Reid filed for cloture for the USA Freedom Act. So Patrick Leahy's reform for the phone dragnet will get a vote in the lame duck. As you may remember, I don't support USAF. Here's a summary of why. No one will say how…
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