Entries by emptywheel

TSP and FISA

Yup, still mono-focused on FISA, but mr. emptywheel is clamoring for dinner, so maybe once I step away from the computer, I’ll remember all the other things I’ve been meaning to write on.

I want to object to the way Kevin Drum is referring to the new details of FISA:

Originally, FISA allowed warrantless wiretapping of anycommunication between two foreigners.

Share this entry

Feingold’s Questions

I’m still working through AGAG’s answers to a bunch of questions the Senate Judiciary Committee asked him last year (he only answered early this year). There’s an exchange involving Russ Feingold that is, I think, very instructive for understanding the recent FISA amendment.

You indicated at the hearing that the Administration has agreed to “submit” the program to the FISA court to rule on it if Congress passes the bill the Administration

Share this entry

Warrantless Wiretapping and the IG Loophole

I’m working on a massive post on how the Administration has gamed the system to sustain their wireless wiretapping program. For the moment, though, I’d like to make a discrete point about the aborted Office of Professional Responsibility (OPR) inevstigation into the program.

When Senator Spector asked Alberto Gonzales last year why BushCo refused to give OPR the clearance to investigate the wireless wiretapping program because OPR included many career employees,

Share this entry

What Happened to the FISC Appeal?

Both the WaPo and the NYT have stories today explaining how the crisis in the warrantless wiretap program got so bad that Congress got punked into passing a shitty bill. The story is simple, on its face. The FISC rejected a government subpoena in March, another in May, and those two rulings resulted in the government losing the ability to wiretap a great deal of foreign communication.

Share this entry

Two Rulings?

No wonder BushCo wanted oversight of FISA totally out of the hands of the FISC. If I’m reading this WaPo article correctly, there were actually two rulings that went against the Administration–one in March, and one in May.

But in a secret ruling in March, a judge on a special court empoweredto review the government’s electronic snooping challenged for the firsttime the government’s ability to collect data from such wires even whenthey

Share this entry

None of the Above

Here’s the way I figure this math, from the Iowa Straw Poll.

They had 24,000 voters in 1999.
They wanted 20,000 voters today.
They got 14,000.

That says, presumably, the Iowa Republican Party wrote off 4,000 votes because Giuliani and McCain pulled out and Thompson’s not in yet (24,000 minues 20,000).

But that still leaves 6,000 people (20,000 minus 14,000) they expected–and didn’t get.

Share this entry

A Reverse F.U.

You know how Thomas Friedman’s six months always seem to end up being indefinite forevers? Well, the reverse seems to be going on with Republican accusations that:

For months, congressional Democrats ignored warnings from Director ofNational Intelligence Michael McConnell that FISA’s antiquatedprovisions were tying the hands of U.S. intelligence agencies fromcollecting against terrorist communications.

In fact, it appears that Director of National Intelligence Mike McConnell actually sat on the information for months, from

Share this entry

Hoekstra’s Leaks/Cheney’s Leaks

Steven Benen writes most of the post I was going to write (thanks Steve!) in response to the news that Pete Hoekstra is a big fat hypocrite about intelligence leaks. Steve links to Justin Rood’s coverage of Hoekstra leaking details about the supposedly secret intelligence budget; RawStory first noticed Hoekstra’s leak.

Share this entry

Photographs

If you haven’t already, go read Jane Mayer’s article on our methods of torture. The short version: we’re using psychological methods to impose “learned helplessness” and dependency, and as a result, we’re getting some intelligence, a whole lot of garbage, and we’re turning our own interrogators into moral zombies.

I wanted to focus on one aspect of the calculated humiliation she describes:

Share this entry

Well, Of Course

Holden asks:

They’re just thinking of this now?

U.S.military intelligence officials are urgently assessing how securePakistan’s nuclear weapons would be in the event President Gen. PervezMusharraf were replaced as the nation’s leader, CNN has learned.

Key questions in the assessment include who would control Pakistan’s nuclear weapons after a shift in power.

[snip]

The United States has full knowledge about the location of Pakistan’s nuclear weapons, according to the U.S.

Share this entry