[Note Update below] In a rather remarkable decision just handed down by Judge Shira Scheindlin in the Southern District of New York (SDNY), has found New York City’s insidious stop and frisk policy violative of citizen’s basic Constitutional rights. From the NYT: In a decision issued on Monday, the judge, Shira A. Scheindlin, ruled that […]
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I thought Chuck Todd was speculating in that beltway fashion when he said he had heard people suggest Ray Kelly should replace Janet Napolitano as Department of Homeland Security Secretary. But apparently, Chuck Schumer actually thinks it’s a good idea. It’s leader needs to be someone who knows law enforcement, understands anti-terrorism efforts, and is […]
In a move that might make cops think twice before they go nuts on kettled protestors, NYC has decided not to defend Anthony Bologna, the officer filmed spraying defenseless protestors with pepper spray in NY. New York City has distanced itself from a high-ranking police official accused of firing pepper spray at Occupy Wall Street […]
In a ruling affirming DOJ’s application of “obstruction” to the January 6 riot, Judge Amit Mehta ruled that “corruptly” in 18 USC 1512(c)(2) is intransitive, meaning defendants themselves must have had the intent of acting corruptly.
In the first opinion assessing DOJ’s novel application of obstruction in January 6 prosecutions, Trump appointee Dabney Friedrich upheld DOJ’s approach.
There are two major problems with the phone dragnet, as it currently exists. First, the government has a database of all the phone-based relationships in the United States, one they currently (as far as we know) do not abuse, but one that is ripe for unbelievable abuse. But there is current abuse going on. The […]
I’m not sure if you saw last night’s Munk Debate pitting Glenn Greenwald and Alexis Ohanian against Michael Hayden and Alan Dershowitz. I did a whole slew of fact checking and mockery on twitter last night. But I wanted to pay particular attention to a string of false claims Hayden made about the phone dragnet program. First, my […]
As I noted the other day in yet another post showing why investigations into intelligence failures leading up to the Boston Marathon attack must include NSA, the government outright refuses to tell Dzhokhar Tsarnaev whether it will introduce evidence obtained using Section 215 at trial. Tsarnaev’s further request that this Court order the government to […]
Yesterday, I noted that ODNI is withholding a supplemental opinion approved on August 20, 2008 that almost certainly approved the tracking of “correlations” among the phone dragnet (though this surely extends to the Internet dragnet as well). I pointed out that documents released by Edward Snowden suggest the use of correlations extends well beyond the […]
I’m sure I’ll spend all day discussing the various proposals to “fix” the dragnet. I’ve already shown why the House Intelligence bill is not an improvement and should not be discussed by credible people as one. And on Twitter and briefly in that piece, I described two problems that aren’t addressed at all in either […]