Category Archives: Homeland Security

UPDATED: Dennis Hastert, Hoisted On His Own Petard, Or Patriot Act

Criminal Injustice, Homeland Security, Law, Regulation

To pep-up the subject of Dennis Hastert, consider a flash from the past in the form of “Entertainment Interruptus,” a column published in November of 2001: “The film Spy Games reached a crescendo as retiring CIA officer Robert Redford transfers $282,000 of his life’s savings to an account in the Cayman Islands. The money is supposed to help pay for the rescue of Redford’s bureau protégé Brad Pitt, who has been ‘burned’ by his employers at the CIA for going solo.”

Only Redford would be unable to complete such a transaction now, not with the new anti-terrorism laws, approved in 2001. Brad Pitt, as the column observed, would have been “burned” by the Patriot Act, which prohibited “suspicious financial transaction”: Move around more than 10,000 of your own dollars, and you’ll likely be the object of a federal investigation.

Dennis Hastert, who approved the Patriot Act, is being hoisted on his own petard.

Via The Huffington Post:

On Oct. 24, 2001, then-House Speaker J. Dennis Hastert (R-Ill.) shepherded the Patriot Act through the House of Representatives. It passed 357 to 66, advancing to the Senate and then-President George W. Bush’s desk for signing.

Hastert took credit for House passage in a 2011 interview, claiming it “wasn’t popular, and there was a lot of fight in the Congress” over it.

Little did Hastert know at the time that the law he helped pass would give federal law enforcement the tools to indict him on charges of violating banking-related reporting requirements more than a decade later. …

MORE.

UPDATE (6/10): “The Thin Gruel of the Hastert Prosecution”: We should all be concerned about Dennis Hastert’s strange indictment By SCOTT HORTON.

UPDATE II: #UsaFreedomAct: #NSA Not Complete Liars

Business, Homeland Security, Law, The State

“Senate voted to curb the collection of millions of Americans’ phone records, the first significant retrenchment of government spying powers since the 9/11 attacks,” blared the headline on the Wall Street Journal. Yes, the sluts in the Senate signed something, but it was a classic case of bait-and-switch. The maneuver—the passing of the USA Freedom Act intended to replace Section 215 of the Patriot Act—will not prohibit the illegal collection of American metadata, but will simply co-opt the telecommunications companies into the service of the Surveillance State, a very dangerous state-of-affairs, indeed.

Senate Majority Leader Mitch McConnell worried that blocking “the House bill … would hamstring the government’s ability to detect terrorist threats.”

Would blocking the Bill have made safety worse than the 95 percent fail rate in the Transportation Security Administration’s ability to detect and stop armed passengers?

UPDATE I: Co-Opting Corporations Into The Service Of The Surveillance State. “USA Freedom Act: Privatization of the Patriot Act.”

UPDATE II (6/3): Good News: NSA Are Not Complete Liars.

It is encouraging that the NSA itself or its front people admits that “NSA’s bulk collection has not prevented a single terrorist attack.” My tongue is firmly in my cheek here. This preposterous admission means that our overlords who art in DC are not complete liars; they don’t always lie about their lies.

MORE @ CNN.

As to efficacy, if a purely utilitarian position is adopted: “A numerate analysis shows that the cost of NSA spying is substantially higher than the expected benefits.”

MORE @ EconLib.

What #RandPaul Gives With One Hand, He Takes Away With The Other

Homeland Security, Intelligence, libertarianism, Regulation, Ron Paul, Terrorism, The State

Sen. Rand Paul went astray. His rousing remarks against the renewal of the PATRIOT Act were softened by a call for “the hiring of a 1,000 more FBI agents.” “We need more FBI analysts analyzing data,” said Paul.

Moreover, and as reported at Target Liberty, it is the legal opinion of Judge Andrew Napolitano “that the US government is lying to the American people with the claim that the mass surveillance would be suspended upon the expiration of the PATRIOT Act provision used to justify the mass surveillance program.”

Essentially, the Patriot Act will be revamped, only to reemerge as the USA FREEDOM Act.

Napolitano states:There are two other provisions in the law that the NSA relies on which will cause it to continue to spy on Americans even if section 215 of the PATRIOT Act does expire. One of those is a section of the FISA law called section 702, and one of them is a still-existing executive order signed by President George W. Bush in the fall or 2001, which has not been tinkered with, interfered with, or rescinded.

By Robert Wenzel’s telling, the “best analysis of the Patriot Act renewal and the USA Freedom Act” comes courtesy of “Glenn Greenwald in discussion with Jameel Jaffer, the Deputy Legal Director of the ACLU,” at The Intercept.

The question of whether “the sunset of Section 215 will be a meaningful step towards reform” is especially informative:

GREENWALD: That’s what I was going to ask next, actually.

JAFFER: That’s a good question. The problem –

GREENWALD: Let me just interject there: the argument that people make, and I’m sympathetic to it, which isn’t the same thing as saying I agree with it, is how significant would it really be?

The NSA has all of these other authorities. They can cite executive orders and other things, on top of which they’ve done a really good job of co-opting laws in the past. We had this FISA law that said you can’t eavesdrop on Americans’ communications without a warrant, and they did it anyway.

They invented this incredibly radical interpretation of the Patriot Act – of 215 – that says “This lets us collect everything we want,” and that was the interpretation the Second Circuit, ten years later, rejected, finally, just a couple of weeks ago.

So given how adept they are at kind of co-opting the process to do what they want – the other authorities – and their propensity to circumvent the law or even break it to do what they want, how significant would it really be?

… MORE.

#ChrisChristie’s ‘Compromise’: Will #Spy On YOU, But Will Think Twice About #War

Foreign Policy, Homeland Security, Politics, Republicans

One rotter is catching on to the foreign policy most favored by sensible Americans. “I don’t think nation-building is a good sentiment,” Gov. Chris Christie told Megyn Kelly, during a grueling interview. About “exporting our values,” also touted by Jeb Bush big time, Christie said it depends on how you do it. Leading by example, making the nations of the world want to emulate the US: that’s a worthwhile impetus (@4:51 minutes). And then, being a Republican, Chris Christie went and spoiled it all by saying something stupid like, “I’ll spy on YOU!”