Entries by emptywheel

Leak Prosecutions: Enforcing Secrecy Asymmetry Does Not Equate to Rule of Law

Matt Miller has a piece in the Daily Beast defending the Obama Administration’s prosecutions of leakers. Now, as Josh Gerstein notes, Miller makes his work easier by cherry-picking which cases to discuss; he doesn’t mention Thomas Drake, who was pretty clearly trying to expose waste and fraud (as well as the government’s choice to spend […]

Share this entry

NYPD Makes Work But Not Knowledge

When I read the Judy Miller/Richard Clarke op-ed defending Ray Kelly (this is Judy’s second go-around defending Kelly, btw), I realized something about the NYPD CIA-on-the-Hudson program. They write, Yet NYPD efforts to engage with and selectively surveil at-risk populations are not only legal but essential. In 2002, Mr. Kelly decided that a “broad base […]

Share this entry

Uniforms and WikiLeaks in the Discussion of the Anwar al-Awlaki Killing

This panel discussion between former State Department spokesperson PJ Crowley, former Gitmo Chief Prosecutor Colonel Morris Davis, and ACLU’s Jameel Jaffer is one of the more nuanced, interesting discussions on the Anwar al-Awlaki killing. Not surprisingly, it was shown on Al Jazeera English, not, say, NBC. One highlight, for me, came when Davis pointed out […]

Share this entry

Is Our War-Mongering on Iran Making Syria Go Dark?

Greg Miller has a story describing how little decent intelligence we’ve got on Syria. Now, Jeff Stein suggests that denials in the story of any CIA covert actions in the story are just an effort to knock down fairly widespread allegations that we are already intervening. According to the Al-Manar news agency, a mouthpiece for […]

Share this entry

The Senate Judiciary Committee Hasn’t Seen the Targeted Killing Memo Either

I guess it should be no surprise that Pat Leahy, the Chair of the Senate Judiciary Committee, hasn’t seen the memo authorizing the killing of Anwar al-Awlaki. After all, if the full Senate Intelligence Committee–which is supposed to exercise oversight over covert operations like that assassination–hasn’t seen the memo, then it’d be unlikely the Administration […]

Share this entry

The Answer, Robert Mueller, Is “Yes, DOJ Does Believe It Could Kill a Citizen in the US”

FBI Director Robert Mueller tried to avoid answering whether or not we can target US citizens in the United States. FBI Director Robert Mueller on Wednesday said he would have to go back and check with the Department of Justice whether Attorney General Eric Holder’s “three criteria” for the targeted killing of Americans also applied […]

Share this entry

RickyLeaks

In a post at the Document Exploitation blog, Douglas Cox reminds us of how Crazy Pete Hoekstra and Rick Santorum pressured the government to make all of Saddam’s documents–including a plan for a nuke–available on the InterToobz. The drive towards this unprecedented doc dump arose in earnest in late 2005 and early 2006 when the […]

Share this entry

Why Doesn’t the FBI Follow SAC Michael Ward’s “Specific Articulable Basis” Standard?

The Special Agent in Charge of the Newark FBI, Michael Ward, laid into the NYPD’s CIA-on-the-Hudson program for its spying on New Jersey’s Muslims. He raised several legitimate gripes: that the NYPD was picking and choosing the information it shared, that the NYPD wasn’t focused on centers of terrorism, that it has created distrust between […]

Share this entry

Dianne Feinstein Assures Us Her Review of Targeted Killing Is Adequate

Senate Intelligence Committee Chair Dianne Feinstein just sent out a release assuring us all that her committee keeps close watch over counterterrorism programs, including targeted killing. In her statement, she asserted that “our counterterrorism efforts are lawful under the Constitution.” The Attorney General presented the administration’s legal analysis for the use of force against terrorists, […]

Share this entry