After Taking Bold Stand Against Testing Kindergartners, Susan Bowles is Teacher of Year

In the political landscape that is Florida, Gainesville is a lonely, tiny blue dot in a vast sea of red. Last night, that blue dot celebrated a symbolic act that could have major repercussions in the national elections coming up next year. Kindergarten teacher Susan Bowles was named Teacher of the Year in Alachua County, adding further validation to the bold stand she took last September in refusing to administer a test she found to be flawed and an egregious waste of classroom time. In her bold act of refusing to administer the test, Bowles fully expected to lose the job she loves so much. Instead, her action prompted the state to drop the test and she has been given a high honor for her work.

Naming Bowles as Teacher of the Year takes on a special symbolism to me because it comes precisely when JEB! Bush is making his push to enter the 2016 presidential election. To JEB! fans, his educational “reforms” in Florida are one of his chief accomplishments. To those of us in the blue dot, we know that JEB!’s “reforms” had nothing to do with school performance and had everything to do with enriching the private firms run by his cronies to administer the tests. That enrichment of his cronies resulted in trickle down, but only to JEB! [And Rick Scott's "reforms" of JEB!'s testing program were merely a function of switching out JEB!'s cronies for Scott's, but I digress.] Adding even more to the symbolism here, Bowles teaches at Lawton Chiles Elementary.

The test to which Bowles objected was only one in a wide array of tests mandated by the test-crazed Florida Legislature. This test, the Florida Assessments for Instruction in Reading (inappropriately marketed by Scott’s cronies as FAIR), was legislated to be administered three times a year. But as the Gainesville Sun reported in September, Bowles found that changes made for this year made the test meaningless and a huge waste of time:

In past years, both tests existed in paper format for kindergartners, but this year the FAIR became a computer-based test for the state’s youngest students, which has made it necessary for teachers to administer the test one-on-one.

/snip/

Some kindergartners are coming to the test without ever having touched a computer mouse before, which Bowles said causes the testing time to stretch from the prescribed 35 minutes to 50 minutes or an hour.

There is also no way to go back and correct answers on the test, she said, so a student who accidentally double-clicks to enter an answer could end up skipping multiple screens on the test, rendering their results inaccurate.

But the main issue for Bowles, and others, is the loss of instructional time after administering these tests — a total of six weeks, in fact.

Bowles initially took to Facebook to announce her decision not to administer the test. Again, from the Sun:

Bowles said she was so frustrated after trying to test two students last week that on Sunday she took to Facebook to publicly air her act of civil disobedience, in a post titled, “Why I am refusing to give the FAIR test to my kindergarteners.”

“I know I may be in breach of my contract by not administering this test,” she wrote in the post. “I cannot in good conscience submit to administering this test three times a year, losing six weeks of instruction. There is a good possibility I will be fired.”

Attention to Bowles’ move snowballed, and her actions garnered huge amounts of support from parents. A blog at the Washington Post noted the attention. The blog post reproduced what Bowles posted on Facebook about the test. Bowle’s preface to her letter to parents is especially courageous:

To the parents of the boys and girls in my class,

I wrote you a letter over the weekend to let you know that I am refusing to administer the FAIR test [Florida Assessments for Instruction in Reading] to your precious little ones. I had hoped to send you an email or letter, but it would not be professional of me or allowed by the district for a letter to go out letting you know that I am doing something that is a breach of contract and therefore against the law. I want you to know that for the 26 years I have been a classroom teacher, I have been a good employee, and have always complied with my superiors. I also want you to know that this is not in any way being done because our principal or superintendent are mandating these tests. This is a government issue. So this decision does not involve anyone I work for. It is an act of civil disobedience.

I am hoping for government change in policy regarding testing.

That last bit turned out to be prescient, as well. Bowle’s letter to parents was dated September 7, 2014. The Gainesville Sun article came out on September 9 and the blog post at the Washington Post was September 11. On September 15, Florida’s Commissioner of Education caved in to public pressure about the test and cancelled it. As the Post stated in a blog post that day:

It turns out she wasn’t fired. On Monday, Owen Roberts, the superintendent of schools in Alachua County where Bowles teaches, sent a letter to parents saying that Florida Commissioner of Education Pam Stewart has decided not to require FAIR testing for any students in grades K-2. The e-mail doesn’t directly name Bowles but does refer to “all the attention focused on this issue over the past few days.”

Congratulations to Susan Bowles for her brave act of civil disobedience and the benefit to the youngest Florida students that it produced. Congratulations also to Alachua County Public Schools for rewarding Bowles’ principled stand.

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Yes, Eric Holder Does Do the Intelligence Community’s Bidding in Leak Prosecutions

 

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The second-to-last witness in the government’s case against Jeffrey Sterling, FBI Special Agent Ashley Hunt, introduced a number of things she had collected over the course of her 7.5 year investigation into James Risen’s chapter on Operation Merlin. That included a few things — most notably two lines from Risen’s credit card records from 2004 — that in no conceivable way incriminated Sterling.

On November 17, 2004, Risen charged €158.00 at the Hotel Inter-Continental in Vienna, Austria on his credit card (the provider of which DOJ included in its exhibit). On November 21, 2004, Risen put another €215.30 in Inter-Continental charges on his credit card.

What Agent Hunt had proven by highlighting these two details was that James Risen traveled to Vienna as background for a book chapter set in Vienna, and even went to the hotel where Merlin had stayed. None of that did a thing to prove that Sterling leaked Merlin’s travel information — or anything else — to Risen. But the government decided to gratuitously enter into evidence that they had seized years of Risen’s credit card records, and in doing so obtained details of where Risen had traveled (and also, on what days his daughter sent something via FedEx). It wasn’t enough that we knew that already from court filings. DOJ still saw the need to introduce gratuitous notice that they had all of Risen’s credit card statements into the court record.

“We own you,” seemed to be the message to Risen from this flaunting of his credit card records.

But don’t worry, Eric Holder generously decided not to call Risen to testify against Sterling after having hounded him — in this and the warrantless wiretap investigation — for 6 years already, both Jack Goldsmith and Ben Wittes insist.

Both men seem to vastly underestimate how DOJ’s actions in the last decade impact journalism. And both men seem to misunderstand what just happened in the Jeffrey Sterling trial, where DOJ succeeded in exposing a man to 40 years in prison, based largely on metadata, without even having the key pieces of evidence at issue in the case (almost certainly because of CIA’s doing, not Sterling’s).

Uncharacteristically, Wittes’ post is less annoying that Goldsmith’s. Sure, as he did with Laura Poitras, Wittes appointed himself the arbiter of what the NYT should and shouldn’t tolerate from journalists it pays. I will remember that Wittes believes an employee’s intemperate rants on Twitter should get close scrutiny by their employers the next time Wittes makes factually flawed defenses of his torturer buddies on Twitter or complains when Chris Soghoian tweets about Keith Alexander’s operational security sloppiness when he rides on Amtrak.

But Goldsmith writes two paragraphs about leak prosecutions that — while they may bolster Goldsmith’s questionable claims about how journalism functions to rein in the Executive — entirely miss the point. I’ll take them in detail here:

Third, Holder could have called Risen to testify in the Sterling case – the law was clearly on his side, and DOJ attorneys wanted him to do it.  But Holder directed his lawyers to let Risen off the hook.  It is simply wrong to say (as Risen did) that Holder was doing the “bidding of the intelligence community” or sending “a message to dictators around the world that it is okay to crack down on the press and jail journalists.”  Quite the contrary.

The notion that the trial Holder’s DOJ just staged in Eastern District of Virginia was not about “doing the bidding of the intelligence community” makes me tear up I’m laughing so hard. A very key part of the trial was putting Bob S on the stand so he could make claims about Operation Merlin — which turned out not to be backed up by the documentary evidence or his asset’s memory — so as to be able to claim, “We have demonstrated we did this very carefully.” This was a clusterfuck of an operation, but nevertheless DOJ gave Bob S a day and a half to try to claim it wasn’t. DOJ offered CIA this favor while playing their classification games (this was, after all, EDVA, an improper venue for almost all of the charges, but a very good place to get favorable treatment for security theater) so as to avoid explaining — except when it became handy for Condi to blurt something out – why this operation went from being a clandestine information collection operation to something far more sensitive, which is probably the real reason someone other than Sterling leaked the information as the government was trumping up war against Iraq, the next country that got the Merlin treatment.

It’s EDVA, Goldsmith!!! The same place Holder went to have John Durham pretend to investigate CIA’s obstruction of justice until the statute of limitations expired! The same place Holder went to keep investigating and investigating until DOJ could deliver a head, any head, to punish Gitmo defense attorneys’ crazy notion that they might have good reason to want to learn how and who anally raped their clients in the name of rehydration such that they’re still bleeding, 12 years later.

EDVA has become, under Holder, where DOJ goes to obtain arbitrary judgments that ensure CIA and other agencies will never be held accountable for crimes, but some low-level leaker will be delivered up anytime CIA’s crimes or incompetence get exposed.

Fourth, Risen’s complaints about Holder rest in part on the fact that Holder has presided over many more leak prosecutions than any prior Attorney General.  I suspect that any Attorney General would have ramped up the leak prosecutions in light of the unprecedented cascade of deep secrets from the government in the last decade.

Here Goldsmith makes the same nonsensical claim that Steven Aftergood made for The Intercept’s profile of Stephen Kim. The investigation into James Risen’s stories has been going on for twelve years. The investigation into Risen’s reporting on Operation Merlin started over four years before Chelsea Manning even joined the Army, much less started the torrent of leaks Goldsmith claims justifies all these investigations.

And the ratio of leak prosecutions to leaks remains tiny.

This line comes right out of Holder’s defense of his leak prosecutions the other day. And it’s true. But it’s a big part of the problem. Thus far, after all, James Cartwright has not been indicted for allegedly leaking a far more sensitive counter-proliferation program targeting Iran than Sterling purportedly leaked. No one is even considering prosecuting Leon Panetta for leaking details of the Osama bin Laden raid (or classified details in his memoir). I doubt David Petraeus will be indicted either for letting his mistress have access to all his most intimate secrets.

The people who get prosecuted — Jeffrey Sterling, John Kiriakou, Donald Sachtleben, Stephen Kim — they’re not the problem behind this system of leaking and in several cases it’s very clear they’re not even the key leakers: instead, they’re the human detritus the government can dispose of so others will see just how arbitrary the secrecy system really is, by design.

But in any event, it must be true that these prosecutions have had a chilling effect on leakers (i.e. sources) and in that sense made journalists’ jobs harder.  Of course chilling criminal leaks is the whole point of the prosecutions.  They do not “wreck” the First Amendment if they are consistent with the First Amendment, which they are, especially since the prosecutions have not had any noticeable macro effect on the steady flow of secrets out of the government.

I suspect Risen would say this is not the case. I suspect a number of the other journalists targeted by DOJ would say the same. That is, the point is not about stopping leaks (though I think the Insider Threat system will make it easier to pick and choose which human detritus will be the next sacrificed to feed this arbitrary system of control), but often as not burning certain journalists or others who don’t play the game.

We own you, investigative journalist, and know what you did in Vienna back in 2004.

Note also that Risen and other journalists tend not to talk about the countervailing norms that have moved dramatically in journalists’ favor in the last decade.  (I have written about this extensively, here and here and here and here.)  Not only has the government significantly raised the bar for going after journalists’ sources, but it has also made clear what was not clear a decade ago: it will not prosecute journalists for publishing classified information in clear violation of 18 USC 798.

I think here Goldsmith misses the novel theory the government used to convict Sterling, the one Holder has deemed the model to go after others.

Under this theory, journalists will be treated as empty vehicles, and the “cause to leak” language in the Espionage Act will be blown up, so that even completely unclassified conversations may be deemed the cause of an investigative journalist with sources throughout the CIA publishing a story. And the jurisdiction, too, will be blown up, so that so long as a single hairdresser buys a book in EDVA — or maybe MD, who cares, really?!?! — then DOJ can stage their witch hunt in EDVA with all its trappings of security theater.

There are some interesting theories behind the successful prosecution of Sterling for a bunch of metadata. And Goldsmith might at least familiarize himself with where Holder’s DOJ is taking the Espionage Act, because it deserves more scrutiny before the Sterling prosecution is deemed to have done no damage to the journalistic process.

Given this change in norms and the structural factors pushing secrets out (size of bureaucracy, digitalization of secrets, and the like), it is very hard to conclude that the advantage on secrecy versus transparency has shifted to the government under Holder.

Again, the underlying problem is the asymmetry involved. The government keeps hiding more and more stuff — the top officials behind its trust-building CVE program, even! — behind a veil of secrecy. That amid increasingly absurd claims of secrecy — and increasingly persistent evidence the secrecy often serves to hide law-breaking or incompetence, as it did with the Merlin caper — more secrets get out should be no great celebration. It’s the structure of it all — the paranoia, the arbitrariness, and the incompetence behind it all — that really sours any claim to democratic governance. Goldsmith may take solace we’re getting more secrets out, but until we reverse the slide into arbitrariness it heralds, I’m not so sanguine.

During the hearing just after the defense closed in the Sterling trial, there was a fascinating discussion, largely about how DOJ planned to blow up the “cause” language in the Espionage Act to further criminalize just talking to journalists, to criminalize publishing a book and deigning to distribute it in EDVA. The conversation kept coming back to how DOJ had gone from treating Risen as a criminal weeks earlier to treating him as an innocent naif who channeled Sterling’s spying to the unwitting citizens of EDVA. Judge Leonie Brinkema at one point said, “If Risen were not protected by the newsman’s privilege, I suspect he would have been named as a co-conspirator.” “There is no newsman’s privilege,” defense attorney Edward MacMahon pointed out, laughing at the absurdity of claiming there was after the 3 year battle over just that topic. But the exchange hung there, pregnantly, because ultimately branding Risen a criminal — or, barring that, branding having even unclassified conversations with Risen as criminal — was a big part of the point of this trial.

What this prosecution did — what, I believe, it was designed to do — was two-fold. First, burn Risen, burn Risen over 12 long years of investigation during which the counterpart investigation even reportedly seized his phone records. But also, to herald a new interpretation of the Espionage Act that will criminalize even having phone calls with a journalist who has reported on completely unclassified stories involving you in the past.

Update: Year on Risen’s credit card records corrected per Rich.

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34 Years Later, Treasury Is Still Operating without Procedures to Protect Americans under EO 12333

With almost no explanation, PCLOB just released this table ODNI compiled showing the status of procedures Agencies follow to protect US person information when using data obtained under EO 12333. This is something PCLOB has been pushing for since August 2013, when it sent a letter to Attorney General Holder pointing out that some agencies weren’t in compliance with the EO.

As you know, Executive Order 12333 establishes the overall framework for the conduct of intelligence activities by U.S. intelligence agencies. Under section 2.3 of the Executive Order, intelligence agencies can only collect, retain, and disseminate information about U.S. persons if the information fits within one of the enumerated categories under the Order and if it is permitted under that agency’s implementing guidelines approved by the Attorney General after consultation with the Director of National Intelligence.

The Privacy and Civil Liberties Oversight Board has learned that key procedures that form the guidelines to protect “information concerning United States person” have not comprehensively been updated, in some cases in almost three decades, despite dramatic changes in information use and technology.

So I assume the release of this table is designed to pressure the agencies that have been stalling this process.

The immediate takeaway from this table is that, 34 years after Ronald Reagan ordered agencies to have such procedures in Executive Order 12333 and 18 months after PCLOB pushed for agencies to follow the EO, several intelligence agencies still don’t have Attorney General approved procedures. Those agencies and the interim procedures they’re using are:

The Department of Homeland Security’s notoriously shoddy Office of Intelligence and Analysis: Pending issuance of final procedures, I&A is operating pursuant to Interim Intelligence Oversight Procedures, issued jointly by the Under Secretary for Intelligence and Analysis and the Associate General Counsel for Intelligence (April 3, 2008).

United States Coast Guard (USCG)- Intelligence and counterintelligence elements: Pending issuance of final procedures, operating pursuant to Commandant Instruction – COMDINST 3820.12, Coast Guard Intelligence Activities (August 28, 2003).

Department of Treasury Office of Intelligence and Analysis (OIA): Pending issuance of final procedures. While draft guidelines are being reviewed in the interagency approval process, the Office of Intelligence and Analysis conducts intelligence operations pursuant to EO 12333 and statutory responsibilities of the IC element, as advised by supporting legal counsel.

Drug Enforcement Administration, Office of National Security Intelligence (ONSI): Pending issuance of final procedures, operates pursuant to guidance of the Office of Chief Counsel, other guidance, and: Attorney General approved “Guidelines for Disclosure of Grand Jury and Electronic, Wire, and Oral Interception Information Identifying United States Persons” (September 23, 2002); Attorney General approved “Guidelines Regarding Disclosure to the Director of Central Intelligence and Homeland Security Officials of Foreign Intelligence Acquired in the Course of a Criminal Investigation” (September 23, 2002).

I’m not surprised about DHS I&A because — as I noted — most people who track it know that it has never managed to do what it claims it should be doing. And I’m not all that worried about the Coast Guard; how much US person spying are they really doing, after all?

One should always worry about the DEA, and the fact that DEA has only had procedures affecting some of its use of EO 12333 intelligence is par for the course. I mean, limits on what it can share with CIA, but no guidelines on what it can share with FBI? And no guidelines on what it has dragnet collected overseas, where it is very active?

But I’m most troubled by Treasury OIA. In part, that’s because it doesn’t have anything in place — it has just been operating on EO 12333, apparently, in spite of EO 12333′s clear requirement that agencies have more detailed procedures in place. But Treasury’s failure to develop and follow procedures to protect US persons is especially troubling given the more central role OIA has — which expanded in 2004 — in researching and designating terrorists, weapons proliferators, and drug kingpins.

OIA makes intelligence actionable by supporting designations of terrorists, weapons proliferators, and drug traffickers and by providing information to support Treasury’s outreach to foreign partners. OIA also serves as a unique and valuable source of information to the Intelligence Community (IC), providing economic analysis, intelligence analysis, and Treasury intelligence information reports to support the IC’s needs.

As it is, such designations and the criminalization of US person actions that might violation sanctions imposed pursuant to such designations are a black box largely devoid of due process (unless you’re a rich Saudi business man). But Treasury’s failure to establish procedures to protect US persons is especially troubling given how central these three topics — terrorists, weapons proliferation, and drugs — are in the intelligence communities overseas collection. This is where bulk collection happens. And yet any US persons suck up in the process and shared with Treasury have only ill-defined protections?

Treasury’s role in spying on Americans may be little understood. But it is significant. And apparently they’ve been doing that spying without the required internal controls.

 

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AP’s Matt Lee: US Officials Say Netanyahu Trying to Destroy Iran Negotiations

I haven’t chimed in yet on the political drama that has been building around the approaching deadline in the P5+1 negotiations with Iran and the massive breach of protocol by John Boehner in inviting Benjamin Netanyahu to address Congress just before the deadline (and just before elections in Israel). More recent rumblings on that front had the US already stating Obama would not meet with Netanyahu, along with suggestions that both John Kerry and Joe Biden are likely to be out of the country when Netanyahu is in Washington. Further, hints were coming out that the US is becoming increasingly irritated with Bibi over his leaking of information that the US has shared on how negotiations with Iran are proceeding.

AP’s Matt Lee shed much more light on these issues yesterday. He forced State Department spokesperson Jen Psaki to confirm that the US has now started withholding “classified” parts of the negotiations from Israel. Lee went beyond what he was able to pry out during Psaki’s briefing, producing confirmation that the US now feels that Netanyahu is determined to prevent any final deal between the P5+1 and Iran:

The Obama administration said Wednesday it is withholding from Israel some sensitive details of its nuclear negotiations with Iran because it is worried that Israeli government officials have leaked information to try to scuttle the talks — and will continue to do so.

In extraordinary admissions that reflect increasingly strained ties between the U.S. and Israel, the White House and State Department said they were not sharing everything from the negotiations with the Israelis and complained that Israeli officials had misrepresented what they had been told in the past. Meanwhile, senior U.S. officials privately blamed Prime Minister Benjamin Netanyahu himself for “changing the dynamic” of previously robust information-sharing by politicizing it.

Working behind the scenes, Lee was able to get unnamed officials to fill in more detail:

But while Earnest and Psaki said the limitations on information sharing were longstanding, U.S. officials more directly involved in the talks said the decision to withhold the most sensitive details of the negotiations dated back only several weeks.

Those officials, speaking on condition of anonymity because they were not authorized to speak publicly, said the administration believes Netanyahu, who is facing a March 17 election at home, has made a political decision to try to destroy the negotiations rather than merely insist on a good deal. This, they said, had led to politically motivated leaks from Israeli officials and made it impossible to continue to share all details of the talks, particularly as Netanyahu has not backed down on his vow to argue against a nuclear deal when he speaks to Congress.

And here’s where it gets really interesting. Pushing on the issue of just what Israel has been leaking, Lee has this:

Neither Earnest nor Psaki would discuss the details of the leaks, but senior U.S. officials have expressed consternation with reports in the Israeli media as well as by The Associated Press about the number of centrifuges Iran might be able to keep under a potential agreement. Centrifuges are used to enrich uranium and diplomats familiar with the talks have said Iran may be allowed to keep more of them in exchange for other concessions under current proposals that are on the table.

Oh my. There is only one person we could be talking about when it gets to leaks from Israel on anything to do with the Iranian nuclear program. That would be none other than George Jahn, noted transcriber of Israeli leaks since they whole debate began. And just two days ago, Jahn regaled us with a piece titled “Good or bad Iran nuke deal? Israel vs the US administration“. And just look what detailed information about centrifuge numbers Jahn managed to obtain: →']);" class="more-link">Continue reading

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A Proposed Definition of Market Economy

In this post, I give a proposed definition of the term “market”:

A market is the set of social arrangements under which people buy and sell specific goods and services at a specific point in time.

Social arrangements means all of the things that constrain and organize human action, including laws, regulations, social expectations, conventions, and standards, whether created or enforced by governments, institutions or local traditions.

With this definition in mind, how should we define the term “market economy”? To start with, my definition is meant to contrast with other definitions discussed in this post, and particularly that of Samuelson and Nordhaus, Economics, 2005 ed. p. 26.

A market is a mechanism through which buyers and sellers interact to determine prices and exchange goods and services.

That definition forms the basis for their definition of the term “market economy”:

A market economy is an elaborate mechanism for coordinating people, activities, and businesses through a system of prices and markets. It is a communication device for pooling the knowledge and actions of billions of diverse individuals. P. 26.

The terms market economy and free market economy are used by people to describe the economic system in the US. Many people are committed to the belief that free and untrammeled markets are intricately and intimately bound up with political and personal liberty. Milton Friedman is one such: here is a link to a short 1961 essay in which he explains his views. Friedman contrasts capitalism with socialism. He tries to imagine how such a socialist country might convert to capitalism. In such a country, he explains,

The first problem is that the advocates of capitalism must be able to earn a living. Since in a socialist society all persons get their incomes from the state as employees or dependents of employees of the state, this already creates quite a problem.

Presumably Friedman is talking about the Soviet Union. From this we should conclude that his target is the command and control economy which the Soviet Union and the Socialist Republics of the USSR implemented. Friedman sees the capitalist or free market system as the opposite.

Fundamentally there are only two ways in which the activities of a large number of people can be coordinated: by central direction, which is the technique of the army and of the totalitarian state and involves some people telling other people what to do; or by voluntary co-operation, which is the technique of the market place and of arrangements involving voluntary exchange.

So, it turns out that the definition of a market economy is any economy except a command and control economy. The details about the level of organization and constraint provided by various actors, including but not limited to governments at each level, are details worked out in each society in accordance with local desires. I’m not sure Friedman would approve of my pair of definitions, though.

This essay is a fascinating glimpse into early neoliberalism. Friedman gives a history of liberalism similar to the one I give here. He contrasts what we call liberalism, associated with the New Deal, with his views which he calls new liberalism, “a more attractive designation than ‘nineteenth century liberalism.’ “ He denounces what he calls “democratic socialism” as a contradiction in terms. He explains that his form of liberalism is like the 19th Century form with its emphasis on “freedom”. He says that 20th Century liberals put the emphasis on “welfare”, meaning the well-being of the members of society, not like Great Society welfare programs. His 20th Century liberal might ask what the point of Friedman’s freedom is, since it apparently isn’t the well-being of the members of society.

I take this to be his central thesis:

It is important to emphasize that economic arrangements play a dual role in the promotion of a free society. On the one hand, “freedom” in economic arrangements is itself a component of freedom broadly understood, so “economic freedom” is an end in itself to a believer in freedom. In the second place, economic freedom is also an indispensable means toward the achievement of political freedom.

For example, if you are forced to participate in Social Security, you have lost a portion of your personal freedom. But, he says, that’s what you expect of pointy-headed liberal intellectuals:

They tend to express contempt for what they regard as material aspects of life and to regard their own pursuit of allegedly higher values as on a different plane of significance and as deserving special attention.

I promise you that I consider my creature comforts more important than my intellectual pursuits, such as they are. Friedman then explains that economic power is a natural opponent of concentration of power in governments. Economic freedom is a necessary but not sufficient condition for political freedom. The rest of the essay is a surprisingly shallow explanation of these ideas. You might have thought that he would at least recognize the danger of concentrated capital for democracy. After all, he wasn’t that far removed from the Great Depression, the Palmer Raids, and the horrifying treatment of workers beginning with industrialization. But no. Instead we get this:

If I may speculate in an area in which I have little competence, there seems to be a really essential difference between political power and economic power that is at the heart of the use of a market mechanism to preserve freedom.

This is where he gives his hypothetical about a Soviet Republic that wants to switch to capitalism. It can’t happen according to his discussion; but, of course it did. Then he explains how the Hollywood Blacklist was an infringement of the right of suspected communists to earn a living, and how it was destroyed by the demands of the market. Both of these arguments show how right Friedman was to claim little competence. Or perhaps Friedman hadn’t focused on the way his ideology limited his conceptualization of complicated issues; a problem every thinker must guard against.

In any event, it seems that we don’t need a complicated definition of the term market economy. All it means is any economy that isn’t a command and control economy. Anything else is just metaphor, like the communication device conjured up by Samuelson and Nordhaus.

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Jeb! Manspreads His Way into the Foreign Policy Debate

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Billmon called this “testicle lebensraum.”

Vote Jeb! 2016: Because every American man deserves a seat for each of his balls.

Perhaps I’m being petty, getting so bugged by Jeb’s utter lack of awareness not just by his body language, but the message that that most annoying male body language sends to those who’ve had to spend their life squishing into a half seat to make room for some man who believes his balls take precedence over the other human beings in his space.

(Also note, at around 49:00, precisely when Jeb! starts talking about his brother’s WMD lies but then claims the surge the most courageous political act ever, he crosses his legs.)

I mean, much of the speech was word salad. The last few minutes of his speech could have been delivered as convincingly by Sarah Palin — just a string of words about American leadership without any substance to what that really means.

Then there was the contradiction within his message. He’s branding his whole spiel “Liberty Diplomacy!” Yet the guy who claimed a “liberty” agenda objects to Obama’s effort to end what he called the “NSA metadata program,” either displaying ignorance that the Section 215 program that Obama wants to alter is just a small fraction of the metadata NSA collects, or even greater ignorance that Obama has done and will do nothing to end all the other means of collecting metadata, including on Americans. Not to mention real ignorance about the NSA’s own evidence about how useless the 215 phone dragnet has been.

Similarly, Jeb!’s Liberty Diplomacy! bemoans the disrespect he sees Obama extending to Egypt’s brutal dictator Fattah al-Sisi. “Now we’re pulling back from providing support to al Sisi.”

That’s was consistent with his theory that if we significantly increase funding for our national security budget, we’ll never have need to go to war. “Others should want America as a friend,” Jeb! said, presumably at the tip of vastly increased defense spending.

Jeb! clearly believes he projects strength in Latin American foreign policy. The brother of the man whose DOJ chose not to charge any of the big white GOP donors at Chiquita who knowingly funded right wing terrorists in Colombia hailed Uribe’s great success there. Which, presumably, reflects his larger conflation of capitalism and democracy, which permits him to ignore the way Bolivarist countries have improved their countries’ well-being. He positively drooled over Venezuela becoming a failed state with low gas prices (though many Democrats are too). Then again, the Bush family has a well-established fondness for terrorists in Venezuela, so he’ll probably be thrilled if more arise in such a failed state.

Well, about one thing Bush was right on the mark. He noted that neither ISIL nor Twitter existed when his brother invaded Iraq. That is, ISIL didn’t exist until his brother fucked up the joint.

All in all, though, I can only conclude that by Liberty Diplomacy he means he will open new space for American mens’ balls to colonize, around the world.

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Nick Rasmussen’s Leak Interviews

This is a detail I’ve meant to post on for some time, but the discussion of ODNI’s latest on leaks has finally prompted me to point to this detail.

As part of the standard questionnaire for Intelligence Committee nominees, Rasmussen was asked if he had been interviewed in the last 10 years in a leak investigation (question 42). He responded that he had been interviewed in two investigations:

  • In 2013, for a FBI investigation concerning compromise/leak of classified information related to a disrupted terrorism plot in 2010
  • In 2014, in connection with an FBI counterintelligence investigation.

The latter one is likely to be the 2014 investigation into who leaked a terrorist watch list document to the Intercept. Rasmussen would clearly be among the (as he describes it “large number of people who had access by virtue of position to the information that was reportedly compromised.”

It’s the other investigation I’m interested in. The best known “disrupted” terrorist plot in 2010 was the AQAP toner cartridge plot. And while it could be a different thwarted plot (like Faisal Shahzad’s attack, though not much got leaked about it except from Pakistan), no one has ever reported an investigation into that, even though aspects of that leak largely resembled the UndieBomb 2.0 leak that DOJ subpoenaed the AP over.

But I’m just as struck by Rasmussen’s silence about the UndieBomb 2.0 leak investigation. Rasmussen remained at the same counterterrorism position in the White House  until June 2012, through the UndieBomb 2.0 leak. Unless those investigations merged (which might explain why they were investigating a 2010 leak in 2013), it would seem to suggest that Rasmussen was not read into the UndieBomb 2.0 infiltration, in spite of its significant similarities to the Toner Cartridge infiltration.

By way of comparison, here’s how John Brennan answered the same question (he was going to be interviewed on the UndieBomb 2.0 leak during his confirmation process).

  • MD USA: Possible unauthorized disclosures of information to reporters about cyberattacks against Iran.
  • DC USA: Possible unauthorized disclosures of information to reporters about a foiled bomb plot tied to Al Qaeda in the Arabian Peninsula (scheduled for February 1, 2013)

The comparison raises the same questions: There’s no way Brennan wasn’t read into whatever 2010 thwarted attack got compromised, because he would have been read into everything (he was a key point person on both the Faisal Shahzad attack, and did a big dog-and-pony show around the Toner Cartridge plot).

Were Rasmussen and Brennan just discussing the same investigation, into how details of double agents in AQAP kept getting exposed (in large part, by our Saudi and AQAP allies). In any case, was Rasmussen not interviewed in the latter part, in which case it would suggest the compartment for the latter was much more closely held?

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After Five Years, Saudis Will Finally Get Their Drones to Strike Houthis

Thanks to Chelsea Manning, we know that almost exactly five years ago, the US Ambassador to Saudi Arabia James Smith met with the then Assistant Minister for Defense Khalid bin Sultan about a disastrous Saudi air attack on a Houthi hospital on the Yemeni-Saudi border that killed a thousand people, many civilians. Prince Khalid used the American scolding not only to redouble his requests for US satellite assistance targeting Houthis — with more accuracy, Khalid suggested, the Saudis might kill fewer civilians — but also to ask for Predator drones.

IF WE HAD THE PREDATOR, THIS MIGHT NOT HAVE HAPPENED
—————————————————-

¶3. (S/NF) Upon seeing the photograph, Prince Khalid remarked, “This looks familiar,” and added, “if we had the Predator, maybe we would not have this problem.” He noted that Saudi Air Force operations were necessarily being conducted without the desired degree of precision, and recalled that a clinic had been struck, based on information received from Yemen that it was being used as an operational base by the Houthis. Prince Khalid explained the Saudi approach to its fight with the Houthis, emphasizing that the Saudis had to hit the Houthis very hard in order to “bring them to their knees” and compel them to come to terms with the Yemeni government. “However,” he said, “we tried very hard not to hit civilian targets.” The Saudis had 130 deaths and the Yemenis lost as many as one thousand. “Obviously,” Prince Khaled observed, “some civilians died, though we wish that this did not happen.”

The attack on the hospital and the Saudi request for more war toys all took place amid assurances that the strikes on the Houthis would “bring them to their knees” which would in turn lead to a lasting ceasefire, which would free up Saudi attention to go after al Qaeda, the ostensible purpose for US intelligence cooperation in the first place.

In the interim five years, a few key developments have happened. Back in 2011, after JSOC couldn’t seem to get clean intelligence on Anwar al-Awlaki, the US built a drone base on the Saudi border that magically managed to find and kill the cleric within months.

More recently, Houthis have brought their fight to Sanaa and beyond, overthrowing the US and Gulf Cooperation Council selected President Abdo Rabi Mansour Hadi. In the wake of what the government has deemed (unlike Egypt) a coup, the US and most western governments have withdrawn embassy personnel, an action that will have little effect on their security but significant effect on the legitimacy of the Houthi-run government.

And now, just in time, the State Department has rolled out a framework under which the US will sell drones to our allies.

But don’t worry! State has included a bunch of rules that cover precisely the same concerns Ambassador Smith voiced 5 years ago in the face of evidence the Saudis were targeting civilians in an effort to “bring them to their knees.”

As the most active user of military UAS, and as an increasing number of nations are acquiring and employing UASs to support a range of missions, the United States has an interest in ensuring that these systems are used lawfully and responsibly. Accordingly, under the new UAS export policy, the United States will require recipients of U.S.-origin military UAS to agree to the following principles guiding proper use before the United States will authorize any sales or transfers of military UASs:

  • Recipients are to use these systems in accordance with international law, including international humanitarian law and international human rights law, as applicable;
  • Armed and other advanced UAS are to be used in operations involving the use of force only when there is a lawful basis for use of force under international law, such as national self-defense;
  • Recipients are not to use military UAS to conduct unlawful surveillance or use unlawful force against their domestic populations; and
  • As appropriate, recipients shall provide UAS operators technical and doctrinal training on the use of these systems to reduce the risk of unintended injury or damage.

Compare those guidelines with the assessment Ambassador Smith conducted 5 years ago to clear the Saudis for increased sharing of satellite data.

¶2. (S/NF) Ambassador Smith delivered points in reftel to Prince Khaled on February 6, 2010. The Ambassador highlighted USG concerns about providing Saudi Arabia with satellite imagery of the Yemen border area absent greater certainty that Saudi Arabia was and would remain fully in compliance with the laws of armed conflict during the conduct of military operations, particularly regarding attacks on civilian targets. The Ambassador noted the USG’s specific concern about an apparent Saudi air strike on a building that the U.S. believed to be a Yemeni medical clinic. The Ambassador showed Prince Khaled a satellite image of the bomb-damaged building in question.

[snip]

¶6. (S/NF) Prince Khaled, in addressing the Ambassador’s concerns about possible targeting of civilian sites appeared neither defensive nor evasive. He was unequivocal in his assurance that Saudi military operations had been and would continue to be conducted with priority to avoiding civilian casualties. The Ambassador found this assurance credible, all the more so in light of Prince Khaled’s acknowledgment that mistakes likely happened during the strikes against Houthi targets, of the inability of the Saudi Air Force to operate with adequate precision, and the unreliability of Yemeni targeting recommendations. Based on these assurances, the Ambassador has approved, as authorized in reftel, the provision of USG imagery of the Yemeni border area to the Saudi Government. While the fighting with the Houthis appears to be drawing to a close, the imagery will be of continuing value to the Saudi military to monitor and prevent Houthi incursions across the border as well as enhancing Saudi capabilities against Al-Qaeda activities in this area.

Call me crazy, but given Prince Khalid’s determination to bring the Houthis to their knees, I’m unimpressed with Ambassador’s Smith assessment that the Saudis were adequately protecting civilians (indeed, some of our most catastrophic strikes in Yemen appear to have relied on Saudi intelligence).

Nothing has changed in the interim 5 years — beyond even more tolerance for Saudi repression amid the rise of an Islamic State for which KSA has been an ideological fount.

I assume the Saudis will be among the first that get approved for a set of drones. Hell, they’ve surely got practice in using them at the Saudi drone base, and they already have their base from which to target the Houthis.

The question is whether that will do anything for Yemen, or even for US interests.

Aside from the drone manufacturers, of course.

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In War That Didn’t End, UN Finds Afghan Civilian Deaths Up 25% Over Previous Year

Washington has tried its very best to sweep the war in Afghanistan under the rug. Most of the press dutifully went along with the fiction of declaring the war to have ended in December. The military joined in, trying to classify virtually all information coming out of Afghanistan. That classification move has been backtracked somewhat, but we still haven’t seen a revised quarterly report from SIGAR with the newly released data.

For those who care about the truth of what is really taking place in Afghanistan as a result of the misguided US action, it is a good thing that Washington cannot stifle information flowing out of the United Nations Assistance Mission in Afghanistan. UNAMA has been tracking civilian casualties in Afghanistan since 2009, and their latest report was released today (press release is here and full report in pdf form is here). The news is not good at all. Deaths jumped by 25% from 2013, going from 2969 to 3699. Injuries also showed a sharp increase, from 5668 to 6849. These numbers simply do not comport with the rosy statements coming out of the Pentagon on what our troops in Afghanistan “accomplished”, how the Taliban are being defeated and how the ANSF are now “hugely capable”. Civilian casualties in Afghanistan have shown a relentless rise since the UN started collecting data:

UNAMA Civilian casualties 2014

It is harder to find data for the years leading up to 2009, but here is one report (pdf) in tabular form from Costs of War:

costs of war afghanistan 2001-2010

The figures from this report include only a subset of the types of death tracked by UN, accounting for the slight discrepancy in the years of overlapping data.

US military operations and continued presence in Afghanistan has been a disaster for civilians there. The insurgency which has arisen in response to the US presence is responsible for most of the casualties, but it is hard to see how these numbers would be as high if the US had simply left after deposing the Taliban in the first few weeks of the operation.

In addition to tracking casualties, the UN collects information on war crimes. Units of the Afghan Local Police are notorious in this regard (ALP most often are comprised of private militias that have been given a brief bit of training by US death squad trainers from JSOC and/or CIA). From the report:

For example, on 11 July, an ALP member shot and killed a local shopkeeper after an argument over ice. On 7 July, an ALP commander and four of his men assaulted (and injured) four civilians in Jorum district, Badakhshan province, during a wedding party. The reason for the beating was reportedly that the family had failed to provide food to the ALP as demanded.

UNAMA documented multiple examples of ALP intimidating and ordering the displacement of families from their communities. For example, on 12 October, ALP forcibly displaced 150-200 families from Khak-e-Safed district, Farah province. The ALP had warned the local population not to allow the Taliban to launch attacks from the village. The Taliban had also threatened the local population not to cooperate with the ALP. After Taliban fighters established positions in the area, the ALP ordered the 150-200 families to leave the area, resulting in displacement of an entire village, mainly to Farah city.

I would imagine that someone in Washington is busy today trying to find a way to prevent UNAMA from releasing its next report.

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DOJ Doesn’t Want You To Think CIA Doctored Evidence in the Sterling Trial

On October 4, 2011 (just before Jeffrey Sterling’s trial was originally due to start) the government submitted a motion that, in part, sought to prevent Sterling from presenting “any evidence or any argument that the CIA has manipulated documents.” The motion presented the crazypants idea that the CIA might alter or destroy documents as part of a conspiracy theory that the CIA wanted to blame Sterling for leaks others had made.

There is absolutely no evidence that the CIA was out to get the defendant, or that the CIA orchestrated some grand conspiracy to blame the defendant for the leaks to Risen. Any arguments or comments that the CIA engages in misconduct or has manipulated documents or evidence in order to blame the defendant for the disclosure of national defense information appearing in Chapter 9 lacks any merit and will needlessly send the Court, the parties, and the jury down an endless Alice-in-Wonderland rabbit hole.

Sterling’s lawyers were nonplussed by this demand. “Documents will be admitted if they are authenticated and otherwise admissible.”

Now, if DOJ were writing about most governmental agencies, you might interpret this request as no more than prosecutorial caution, an effort to exclude any hint of the other things the same motion tried to exclude — things like selective prosecution.

Except the CIA is not most governmental agencies.

Indeed, it is an agency with a long and storied history of serially destroying evidence. The Eastern District of VA US Attorney’s Office knows this, too, because they have so much experience reviewing cases where CIA has destroyed evidence and then deciding they can’t charge anyone for doing so.

And while I don’t expect Judge Leonie Brinkema of CIA’s own judicial district to therefore deny the CIA the presumption of regularity, I confess DOJ’s concern that Sterling might suggest CIA had doctored or destroyed evidence makes me pretty interested in what evidence they might have worried he would claim CIA doctored or destroyed, because with the CIA, I’ve learned, it’s usually a safer bet to assume they have doctored or destroyed evidence.

Especially given the two enormous evidentiary holes in the government’s case:

  • The letter to the Iranians Merlin included with his newspaper-wrapped nuclear blueprints
  • A report of Merlin’s activities in Vienna

As I lay out below, CIA’s story about the letter to the Iranians is sketchy enough, though the government’s ultimate story about it is at least plausible. But their story about Merlin’s non-existent trip report is sketchier still. I think the evidence suggests the latter, at least, once did exist. But when it became inconvenient — perhaps because it provided proof that Bob S lied in the cables he wrote boasting of Mission Accomplished — it disappeared.

But not before a version of it got saved — or handed over to — James Risen.

If I’m right, one of the underlying tensions in this whole affair is that a document appeared, verbatim, in Risen’s book that proved the CIA (and Bob S personally) was lying about the success of the mission and also lying about how justifiable it would be to have concerns about the operation.

The CIA and DOJ went to great lengths in this trial to claim that the operation was really very careful. But they never even tried to explain why the biggest evidence that it was anything but has disappeared.

Merlin’s letter to the Iranians

I’ve noted before that the FBI admits it never had a copy of the letter the government convicted Sterling of leaking to James Risen. “You don’t have a copy of the letter” that appears in Risen’s book, Edward MacMahon asked Special Agent Ashley Hunt. “Not in that exact form,” she responded.

Nevertheless, Count 2, Count 3, and Count 5 all pertain to a letter that appears in Risen’s book, the letter FBI never found. The letter appears at ¶¶ 58 to 63 of the exhibit version of the chapter in question.

To be sure, FBI did obtain versions of this letter, as cables introduced at trial reflect. The first iteration appears in Exhibit 30 (a cable describing a November 4, 1999 meeting), and discussions of the revisions process appears in Exhibit 33 (a cable describing a December 14, 1999 meeting). Exhibit 35 — dated January 12, 2000 and describing a January 10 meeting between Sterling and Merlin — provides the closest version to what appears in Risen’s book, in what is called (in Exhibit 36) the fifth iteration of the letter. The only difference (besides the signature line, presumably, according to the CIA’s currently official story) is the January 12, 2000 cable, based on a meeting that took place 7 weeks before Merlin left for Vienna, said this:

So I decided to offer this absolutely real and valuable basic information for [Iranian subject 2], about this possible event.

Whereas in Risen’s book that passage appears this way:

So I decided to offer this absolutely real and valuable basic information for free now and you can evaluate that. Also I sent e-mail to inform [the Iranian professor] about this possible event.

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Emptywheel Twitterverse

bmaz @bmaz Picture for last tweet (just because): http://t.co/5XJBgnbYOn
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bmaz If I've found on kitchen counter book titled "How To Boil Water", should I not leave one called "How To Breathe Air"??
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bmaz @TyreJim I have seen both live, and as great as Merry is, live I think Lisa Fischer is better.
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bmaz @TyreJim Yes. As I recall, she was like pregnant and asleep when the call came. Which makes what she did all the more awesome.
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bmaz .@TyreJim Either way pieces of hollow trash like Kanye West+Kardashian ought not exist is same human frame as Jagger/Richards+Clayton/Fisher
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bmaz Oh, a storm is threat'ning My very life today If I don't get some shelter Oh yeah, I'm gonna fade away War, children, it's just a shot away.
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bmaz @AZ_Dream_Killer Bad equivocation.
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emptywheel I mean I'm still winning bc I rescheduled my flights from airport bar in Beer Mecca and now am home. But they rescheduled my reschedule. :(
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emptywheel Thought I had wung this ice storm cancellation sweepstakes. Then I learned I was wrong. But at least I can sleep past 4AM.
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JimWhiteGNV RT @bmaz: Also, if you think Bibi Netanyahu is the answer to your question of enlightenment and hope for the world, you might be a blitheri…
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bmaz Also, if you think Bibi Netanyahu is the answer to your question of enlightenment and hope for the world, you might be a blithering idiot.
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bmaz Seriously, there are dumb ass pieces of demagoguery shit on both sides of the ideological divide; but fuck both without a lick of truth
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