Entries by emptywheel

CHINA! and RUSSIA! and [an unnamed ally that is likely Israel] Are Stealing Our Stuff!

Last week, ODNI released a report on cyberwarfare that is raising eyebrows for the way it named China and Russia as the sponsors of cyberespionage explicitly. Jack Goldsmith wonders what naming them will accomplish. I am sure that naming the Chinese and Russians specifically and openly was a big deal inside the government.  The Wall […]

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The Implications of DOJ’s FOIA “Lies”

On Thursday, we learned it has been the practice of DOJ for nearly a quarter century to provide misleading information in response to FOIAs asking for certain kinds of information–broadly, ongoing investigations, informants, and foreign intelligence. In this post I want to consider how the practice may be ripe for abuse. Here’s the statutory language […]

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The Dangers of Hiring BAE’s Mercenaries

How stupid was Moammar Qaddafi, who reportedly hired the same mercenary firm that tried to take out Equatorial Guinea’s dictator in 2004? A total of 50 private soldiers, including 19 South Africans, are reported to have travelled to Libya on instructions to smuggle the former dictator from his birthplace of Sirte over the border to […]

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CIA’s “Vengeful Librarians” v. DiFi: Open Source Grudge Match

The AP’s story on the CIA’s social media monitoring project is an important article, if unsurprising. At the agency’s Open Source Center, a team known affectionately as the “vengeful librarians” also pores over Facebook, newspapers, TV news channels, local radio stations, Internet chat rooms — anything overseas that anyone can access and contribute to openly. […]

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Is DOJ Trying to Hide Valerie Plame at the Sterling Trial?

While I was away in South Carolina, the government released the redacted copy of Leonie Brinkema’s order on several issues relating to the Jeffrey Sterling case (the government immediately appealed aspects of this ruling). There are several interesting aspects of the ruling. First, Brinkema refused to let the government admit the talking points Condi Rice […]

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DOJ Lies about Its FOIA Lies

Patrick Leahy just released a letter DOJ sent him and Chuck Grassley regarding DOJ’s effort to formalize their practice of lying in response to some FOIA requests. Now, Leahy claims the government has withdrawn its proposed rule–which I think overstates what DOJ has done. I commend Attorney General Holder and the Obama administration for promptly […]

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DOJ Will Neither Confirm Nor Deny They’ve Okayed the Assassination of US Citizens

On October 7, Charlie Savage FOIAed the OLC memo authorizing Anwar al-Awlaki’s assassination which he described in detail in this article. DOJ has responded–with a Glomar response. Pursuant to FOIA Exemptions One, Three and Five, 5 U.S.C. § 552(b)(1), (3) and (5), the Office of Legal Counsel neither confirms nor denies the existence of the […]

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