Civil Liberties News Articles

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Top Bush administration officials in 2002 debated testing the Constitution by sending American troops into the suburbs of Buffalo to arrest a group of men suspected of plotting with Al Qaeda, according to former administration officials. Some of the advisers to President George W. Bush, including Vice President Dick Cheney, argued that a president had the power to use the military on domestic soil to sweep up the terrorism suspects, who came to be known as the Lackawanna Six, and declare them enemy combatants. A decision to dispatch troops into the streets to make arrests has few precedents in American history, as both the Constitution and subsequent laws restrict the military from being used to conduct domestic raids and seize property. The Fourth Amendment bans “unreasonable” searches and seizures without probable cause. And the Posse Comitatus Act of 1878 generally prohibits the military from acting in a law-enforcement capacity. In the discussions, Mr. Cheney and others cited an Oct. 23, 2001, memorandum from the Justice Department that, using a broad interpretation of presidential authority, argued that the domestic use of the military against Al Qaeda would be legal because it served a national security, rather than a law enforcement, purpose. “The president has ample constitutional and statutory authority to deploy the military against international or foreign terrorists operating within the United States,” the memorandum said. The memorandum was declassified in March. But the White House debate about the Lackawanna group is the first evidence that top American officials ... actually considered using the document to justify deploying the military into an American town to make arrests.

Note: For many revealing reports from reliable sources on government and military threats to civil liberties, click here.

A Spanish court has agreed to consider opening a criminal case against six former Bush administration officials, including former Attorney General Alberto Gonzales, over allegations they gave legal cover for torture at Guantanamo Bay, a lawyer in the case said Saturday. Human rights lawyers brought the case before leading anti-terror judge Baltasar Garzon, who agreed to send it on to prosecutors to decide whether it had merit, Gonzalo Boye, one of the lawyers who brought the charges, told The Associated Press. The ex-Bush officials are Gonzales; former undersecretary of defense for policy Douglas Feith; former Vice President Dick Cheney's chief of staff David Addington; Justice Department officials John Yoo and Jay S. Bybee; and Pentagon lawyer William Haynes. Spanish law allows courts to reach beyond national borders in cases of torture or war crimes under a doctrine of universal justice. Garzon became famous for bringing charges against former Chilean dictator Augusto Pinochet in 1998, and he and other Spanish judges have agreed to investigate alleged abuses everywhere from Tibet to Argentina's "dirty war," El Salvador and Rwanda. The officials are charged with providing a legal cover for interrogation methods like waterboarding against terrorism suspects at Guantanamo, which the Spanish human rights lawyers say amounted to torture. Yoo, for instance, wrote a series of secret memos that claimed the president had the legal authority to circumvent the Geneva Conventions.

Note: It is encouraging that at least Spanish courts view it as their responsibility to prosecute torturers. For more on torture and other attacks on civil liberties, click here.

Despite President Barack Obama's vow to open government more than ever, the Justice Department is defending Bush administration decisions to keep secret many documents about domestic wiretapping, data collection on travelers and U.S. citizens, and interrogation of suspected terrorists. "The signs in the last few days are not ... encouraging," said Jameel Jaffer, an attorney for the American Civil Liberties Union, which filed several lawsuits seeking the Bush administration's legal rationales for warrantless domestic wiretapping and for its treatment of terrorism detainees. The documents sought in these lawsuits "are in many cases the documents that the public most needs to see," Jaffer said. "It makes no sense to say that these documents are somehow exempt from President Obama's directives." Groups that advocate open government, civil liberties and privacy were overjoyed that Obama on his first day in office reversed the FOIA policy imposed by Bush's first attorney general, John Ashcroft. Obama pledged "an unprecedented level of openness in government" and ordered new FOIA guidelines written with a "presumption in favor of disclosure." But Justice's actions in courts since then have cast doubt on how far the new administration will go. "This is not change," said ACLU executive director Anthony Romero. "President Obama's Justice Department has disappointingly reneged" on his promise to end "abuse of state secrets."

Note: For lots more on state secrecy from reliable, verifiable sources, click here.

U.S. spy agencies' sensitive data should soon be linked by Google-like search systems. Director of National Intelligence Mike McConnell has launched a sweeping technology program to knit together the thousands of databases across all 16 spy agencies. After years of bureaucratic snafus, intelligence analysts will be able to search through secret intelligence files the same way they can search public data on the Internet. Linking up the 16 agencies is the challenge at the heart of the job of director of national intelligence, created after 9/11. The new information program also is designed to include Facebook-like social-networking programs and classified news feeds. It includes enhanced security measures to ensure that only appropriately cleared people can access the network. The price tag is expected to be in the billions of dollars. The impact for analysts, Mr. McConnell says, "will be staggering." Not only will analysts have vastly more data to examine, potentially inaccurate intelligence will stand out more clearly, he said. Today, an analyst's query might scan only 5% of the total intelligence data in the U.S. government, said a senior intelligence official. Even when analysts find documents, they sometimes can't read them without protracted negotiations to gain access. Under the new system, an analyst would likely search about 95% of the data, the official said.

Note: For key reports from reliable sources on the hidden realities of the War on Terror, click here.

President-elect Barack Obama is unlikely to radically overhaul controversial Bush administration intelligence policies, advisers say, an approach that is almost certain to create tension within the Democratic Party. Mr. Obama is being advised largely by a group of intelligence professionals ... who have supported Republicans. The intelligence-transition team is led by former National Counterterrorism Center chief John Brennan and former CIA intelligence-analysis director Jami Miscik, say officials close to the matter. Mr. Brennan is viewed as a potential candidate for a top intelligence post. Ms. Miscik left amid a slew of departures from the CIA under then-Director Porter Goss. Mr. Brennan is a leading contender for one of the two jobs, say some advisers. He declined to comment. Gen. James L. Jones, a former North Atlantic Treaty Organization commander; Thomas Fingar, the chief of analysis for the intelligence director; Joan A. Dempsey, who served in top intelligence and Pentagon posts; former Rep. Tim Roemer of Indiana, who served on the 9/11 Commission; and [Rep. Jane] Harman have also been mentioned. Ms. Harman has also been cited as a potential secretary of homeland security.

Note: According to the New York Times, John O. Brennan, president-elect Obama's intelligence-transition leader and a top candidate for director of national intelligence or the CIA in the Obama administration, "[was] a senior adviser to [CIA Director George] Tenet in 2002 [and] was present at the creation of the C.I.A.’s controversial detention and interrogation program." Jane Harman has been the principal Congressional proponent of the Violent Radicalization and Homegrown Terrorism Prevention Act, with its McCarthyesque provisions for criminalizing political thought. For more on increasing threats to civil liberties from reliable sources, click here.

The 3rd Infantry Division’s 1st Brigade Combat Team has spent 35 of the last 60 months in Iraq patrolling in full battle rattle. Now they’re training for the same mission — with a twist — at home. Beginning Oct. 1 for 12 months, the 1st BCT will be under the day-to-day control of U.S. Army North, the Army service component of Northern Command, as an on-call federal response force for natural or manmade emergencies and disasters. This new mission marks the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities. The mission will be a permanent one. They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack. The 1st BCT’s soldiers also will learn how to use “the first ever nonlethal package that the Army has fielded,” 1st BCT commander Col. Roger Cloutier said, referring to crowd and traffic control equipment and nonlethal weapons designed to subdue unruly or dangerous individuals without killing them. “It’s a new modular package of nonlethal capabilities that they’re fielding. They’ve been using pieces of it in Iraq, but this is the first time that these modules were consolidated and this package fielded, and because of this mission we’re undertaking we were the first to get it.”

Note: Positioning military troops in country to deal with internal matters violates the posse comitatus act, though the administration will argue that there is a national emergency allowing this.

The Defense Intelligence Agency's newly created Defense Counterintelligence and Human Intelligence Center is going to have an office authorized for the first time to carry out "strategic offensive counterintelligence operations," according to Mike Pick, who will direct the program. Such covert offensive operations are carried out at home and abroad against people known or suspected to be foreign intelligence officers or connected to foreign intelligence or international terrorist activities. The investigative branches of the three services -- the Army's Counterintelligence Corps, the Air Force Office of Special Investigations and the Naval Criminal Investigative Service -- have done secret offensive counterintelligence operations for years, and now DIA has been given the authority. Two years ago, the DIA asked then-Undersecretary of Defense Stephen A. Cambone for authority to run offensive operations along with a newer Pentagon intelligence agency, the Counterintelligence Field Activity (CIFA). Cambone agreed to a two-year trial. Defense Secretary Robert M. Gates recently approved the merger of CIFA into the new DIA center. Senior Defense Department officials and the combat commanders overseas will now decide what to do with the DIA's new offensive operational authority.

Note: For penetrating reports on the realities of the "war on terror" from major media sources, click here.

[Las Vegas], famous for being America's playground, has also become its security lab. Like nowhere else in the United States, Las Vegas has embraced the twin trends of data mining and high-tech surveillance, with arguably more cameras per square foot than any airport or sports arena in the country. Even the city's cabs and monorail have cameras. Some privacy advocates view the city as a harbinger of things to come. In secret rooms in casinos across Las Vegas, surveillance specialists are busy analyzing information about players and employees. Relying on thousands of cameras in nearly every cranny of the casinos, they evaluate ... behavior. They ping names against databases that share information with other casinos, sometimes using facial-recognition software to validate a match. And in the marketing suites, casino staffers track players' every wager, every win or loss, the better to target high-rollers for special treatment and low- and middle-rollers for promotions. "You could almost look at Vegas as the incubator of a whole host of surveillance technologies," said James X. Dempsey, policy director for the Center for Democracy and Technology. Those technologies, he said, have spread to other commercial venues: malls, stadiums, amusement parks. After Sept. 11, 2001, several airports tested facial-recognition software, with little success. But the government is continuing to invest in biometric technologies. "We often hear of the surveillance technology du jour, but what we're seeing now in America is a collection of surveillance technologies that work together," said Barry Steinhardt, the American Civil Liberties Union's technology and liberty project director. "It isn't just video surveillance or face recognition or license plate readers or RFID chips. It's that all these technologies are converging to create a surveillance society."

Note: For revealing major media reports of privacy risks and invasions, click here.

Frustrated by press leaks about its most sensitive electronic surveillance work, the secretive National Security Agency convened an unprecedented series of off-the-record "seminars" in recent years to teach reporters about the damage caused by such leaks and to discourage reporting that could interfere with the agency's mission to spy on America's enemies. The half-day classes featured high-ranking NSA officials highlighting objectionable passages in published stories and offering "an innocuous rewrite" that officials said maintained the "overall thrust" of the articles but omitted details that could disclose the agency's techniques, according to course outlines obtained by The New York Sun. Dubbed "SIGINT 101," using the NSA's shorthand for signals intelligence, the seminar was presented "a handful of times" between approximately 2002 and 2004. The syllabi make clear that the sessions, which took place at NSA headquarters in Fort Meade, Md., were conceived of ... as part of a campaign to limit the damage caused by leaks of sensitive intelligence. During one sensitive discussion, journalists were to be told they could not take any notes. The exact substitutions of language that the NSA proposed were deleted from the syllabi released to the Sun under the Freedom of Information Act. In 2005, following the publication of a New York Times story on a secret program for warrantless wiretapping ... Director of Central Intelligence Porter Goss crusaded against leaks at the CIA and later told a Senate committee that he hoped reporters would be called before grand juries to identify their sources. Attorney General Gonzales also discussed the "possibility" of prosecuting journalists who wrote stories based on leaked intelligence. The syllabi, which are marked as drafts, list presenters including the director of the NSA at the time, General Michael Hayden, [now director of the CIA].

The Bush administration's chief intelligence official said yesterday that President Bush authorized a series of secret surveillance activities under a single executive order in late 2001. The disclosure makes clear that a controversial National Security Agency program was part of a much broader operation than the president previously described. The disclosure by Mike McConnell [is] the first time that the administration has publicly acknowledged that Bush's order included undisclosed activities beyond the warrantless surveillance of e-mails and phone calls that Bush confirmed in December 2005. McConnell [disclosed] that the executive order following the Sept. 11, 2001 attacks included "a number of . . . intelligence activities" and that a name routinely used by the administration -- the Terrorist Surveillance Program -- applied only to "one particular aspect of these activities, and nothing more. This is the only aspect of the NSA activities that can be discussed publicly, because it is the only aspect of those various activities whose existence has been officially acknowledged." News reports ... have detailed a range of activities linked to the program, including the use of data mining to identify surveillance targets and the participation of telecommunication companies in turning over millions of phone records. Kate Martin ... of the Center for National Security Studies, said the new disclosures show that ... administration officials have "repeatedly misled the Congress and the American public" about the extent of NSA surveillance efforts. "They have repeatedly tried to give the false impression that the surveillance was narrow and justified," Martin said. "Why did it take accusations of perjury before the DNI disclosed that there is indeed other, presumably broader and more questionable, surveillance?"

Highly sensitive information about the religious beliefs, political opinions and even the sex life of Britons travelling to the United States is to be made available to US authorities when the European Commission agrees to a new system of checking passengers. The EC is in the final stages of agreeing a new Passenger Name Record system with the US which will allow American officials to access detailed biographical information about passengers entering international airports. Civil liberty groups warn it will have serious consequences for European passengers. In a strongly worded document drawn up in response to the plan that will affect the 4 million-plus Britons who travel to the US every year, the EU parliament said it 'notes with concern that sensitive data (ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and data concerning the health or sex life of individuals) will be made available to the DHS.' The US will be able to hold the records of European passengers for 15 years compared with the current three year limit. The EU parliament said it was concerned the data would lead to 'a significant risk of massive profiling and data mining, which is incompatible with basic European principles and is a practice still under discussion in the US congress.' Peter Hustinx, the European Data Protection Supervisor, has written to the EC expressing his 'grave concern' at the plan, which he describes as 'without legal precedent' and one that puts 'European data protection rights at risk'. Hustinx warns: 'Data on EU citizens will be readily accessible to a broad range of US agencies and there is no limitation to what US authorities are allowed to do with the data.'

Walter Soehnge is a retired Texas schoolteacher. What got him so upset might seem trivial to some people who have learned to accept small infringements on their freedom as just part of the way things are in this age of terror-fed paranoia. The balance on their JCPenney Platinum MasterCard had gotten to an unhealthy level. So they sent in a large payment, a check for $6,522. And an alarm went off. A red flag went up. The Soehnges' behavior was found questionable. After sending in the check, they checked online to see if their account had been duly credited. They learned that the check had arrived, but the amount available for credit on their account hadn't changed. They were told, as they moved up the managerial ladder at the call center, that the amount they had sent in was much larger than their normal monthly payment. And if the increase hits a certain percentage higher than that normal payment, Homeland Security has to be notified. And the money doesn't move until the threat alert is lifted. Walter called television stations, the American Civil Liberties Union and me. And he went on the Internet to see what he could learn. He learned about changes in something called the Bank Privacy Act. "The more I'm on, the scarier it gets," he said. "It's scary how easily someone in Homeland Security can get permission to spy."

There's an explosion planned at [a] test site in the Central Valley, and residents fear it could launch radioactive material into their air. Now there's a fight to stop those planned tests at Site 300, just outside of Tracy near the Lawrence Livermore Lab. The Lawrence Livermore Lab has been setting off 60 to 80 blasts a year; most have been small, but next year two larger 300-pound explosions are planned using depleted uranium. For Tracy shoe shop owner Bob Sarvey, that means the potential of a radioactive release. Sarvey showed CBS13 the risk assessment from the local government and says someone must be worried to have added a cancer risk footnote, and that's before any review of potential radioactivity.

Note: For an ABC report on the dangers of depleted uranium, click here. For a CBC (One of Canada's top TV stations) report which goes much deeper, click here. Why are they exploding this dangerous, radioactive material into the air just outside of the San Francisco area?

If the nightmare of an avian flu pandemic emerges from the dark chapters of doomsday scenarios, it will fall to the Department of the Homeland Security, not the medical establishment, to manage the crisis, according to federal documents and interviews with government officials. Under the National Response Plan, which also plans for actions in case of pandemics, DHS assumes top authority when an “incident of national significance” is declared. The first such “incident of national significance” was declared in August after Hurricane Katrina hit; however, federal coordination among agencies and state and local governments broke down on so many levels that even President Bush was forced to acknowledge that the plan was flawed. Federal officials have been role playing different flu outbreak scenarios for the past several months. Last year’s plan called for closing of schools, restricting travel and...lock-down quarantine measures. Those extreme measures jumped into the spotlight...when President Bush suggested that federal military troops -- not just the National Guard -- may have to be called in to enforce a quarantine.

Note: Isn't it interesting how the government seems to be predicting that the avian flu, which has killed less than 100 people worldwide, is going to mutate and cause massive deaths? How do they know this? Could this be another way of pushing us into fear and giving up our civil liberties?

The U.S. Army, in a search for "nonlethal incapacitating agents," tested cannabis-based drugs on GI volunteers throughout the 1960s according to Dr. James Ketchum, the psychiatrist who led the classified research program at Edgewood Arsenal in Maryland. Ketchum retired as a colonel in 1976. He has written a memoir, "Chemical Warfare: Secrets Almost Forgotten," in which he describes experiments conducted at Edgewood and defends the Army's ethical standards. In a talk to the Society of Cannabis Clinicians in Los Angeles last month, Ketchum recounted to 20 doctors the Army's experiments with cannabinoid drugs. Only a small fraction of Ketchum's work at Edgewood involved THC derivatives. Ketchum says he was motivated to write his memoir because the media has conflated the ethical, scientific drug studies conducted by the Army on knowing volunteers with the kinky, unsafe drug studies conducted by the CIA on unwitting civilians. "None, to my knowledge, returned home with a significant injury or illness attributable to chemical exposure," Ketchum says. "Nevertheless, years later, a few former volunteers did claim that the testing had caused them to suffer from some malady." Those claims came from subjects exposed to agents other than EA 2233, he says.

Note: Though the Army may have been somewhat more ethical than the CIA, why has the media had so little coverage of these unethical programs to develop mind control capabilities. For more information on secret mind control programs based on 18,000 pages of declassified government documents, click here.

Back in December, 60 Minutes broadcast a now-notorious segment of pure access journalism in which they gullibly disseminated one false NSA claim after the next. The program claimed that Snowden “is believed to still have access to 1.5 million classified documents he has not leaked”. Ever since then, that Snowden “stole” 1.7 or 1.8 million documents from the NSA has been repeated over and over again by US media outlets as verified fact. The Washington Post‘s Walter Pincus, citing an anonymous official source, purported to tell readers that “among the roughly 1.7 million documents he walked away with — the vast majority of which have not been made public — are highly sensitive, specific intelligence reports”. Reuters frequently includes in its reports the unchallenged assertion that “Snowden was believed to have taken 1.7 million computerized documents.” In fact, that number is and always has been a pure fabrication, as even Keith Alexander admits. The claimed number has changed more times than one can count: always magically morphing into randomly chosen higher and scarier numbers. The reality, in the words of the General, is that the US Government ”really [doesn't know] what he actually took with him” and they ”don’t have an accurate way of counting”. All they know is how many documents he accessed in his entire career at NSA, which is a radically different question from how many documents he took. But that hasn’t stopped American media outlets from repeatedly affirming the inflammatory evidence-free claim that Snowden took 1.7 million documents.

Note: For more on the realities of intelligence agency operations, see the deeply revealing reports from reliable major media sources available here.

Washington looks set to wave through new cybersecurity legislation next week that opponents fear will wipe out decades of privacy protections at a stroke. The Cyber Intelligence Sharing and Protection Act (Cispa) will be discussed in the House of Representatives next week and already has the support of 100 House members. It will be the first such bill to go to a vote since the collapse of the Stop Online Piracy Act (Sopa) in January after global protests and a concerted campaign by internet giants such as Google, Wikipedia and Twitter. The author of the new bill, Mike Rogers, the Republican chair of the House intelligence committee, has said it is aimed at tracking the nefarious activities of hackers, terrorists and foreign states, especially China. But its critics charge the bill will affect ordinary citizens and overturn the privacy protections they now enjoy. Opponents fear the way it is currently drafted will open up ordinary citizens to unprecedented scrutiny. The bill uses the wording: "Notwithstanding any other provision of law," a phrase that if it became law would trump all existing legislation, according to critics. In one section, the bill defines "efforts to degrade, disrupt or destroy" a network as an area that would trigger a Cispa investigation. Opponents argue something as simple as downloading a large file – a movie for example – could potentially be defined as an effort to "degrade" a network. The bill also exempts companies from any liability for handing over private information.

Note: For lots more on government and corporate threats to civil liberties, click here.

The Senate on Tuesday rejected an effort to strip divisive provisions from a defense bill that deal with the capture and handling of suspected terrorists. “The provisions would dramatically change broad counterterrorism efforts by requiring law enforcement officials to step aside and ask the Department of Defense to take on a new role they are not fully equipped for and do not want,’’ said Sen. Mark Udall, D-Colo., who added that the legislation would make the military “police, judge and jailer.’’ His amendment would have taken out the sections on detainees and instead called for congressional hearings with Pentagon and administration officials on the issue. The bill would require military custody of a suspect deemed to be a member of al-Qaida or its affiliates. The vote came shortly after the weekly Republican and Democratic policy luncheons. A guest at the Republican session was former Vice President Dick Cheney, an advocate for harsh interrogation tactics against suspected U.S. enemies during his two terms in office. Defense Secretary Leon Panetta and FBI Director Robert Mueller have spelled out their opposition in letters to lawmakers. Mueller said Monday that because the legislation applies to people detained in the United States, it could disrupt ongoing international terrorism investigations.

Note: The implications of the Senate's vote to authorize the US military to carry out domestic arrest and imprisonment of US citizens have hardly been reported on by the major media. The defense authorization bill passed by the Senate undermines protections established by the Bill of Rights and the Posse Comitatus Act against use of US military forces in domestic control and arrest. The ACLU has issued an analysis; for further analysis of the implications of this legislation, click here and here.

President Obama has signed off on new security protocols for people flying to the United States, establishing a system that uses intelligence information and assessment of threats to identify passengers who could have links to terrorism. The system, which will be put in place this month, applies only to travelers flying into the United States. Officials said intelligence information from a variety of United States agencies would be made available to foreign airlines, whose employees and security officials would have wide latitude to stop passengers, or not. Currently, the only information typically checked before a passenger boards an airplane is the name, date of birth and nationality — information found in a passport, which is compared against the terror watch lists. But the Homeland Security Department separately already collects much more information on the travel patterns of passengers headed to the United States, including other stops made on the way to an American airport, how the passenger paid for the ticket as well as other details contained in the reservation, like what hotel a passenger might be staying in, or if he or she is traveling alone.

Note: For many disturbing reports from major media sources on increasing governmental threats to civil liberties, click here.

A Pentagon project to perfect a projectile capable of delivering an electric shock to incapacitate a person tens of metres away [is now in its final stages]. It will be fired from a standard 40-millimetre grenade launcher. The projectile, being developed by Taser International under a $2.5 million contract, is known as a Human Electro-Muscular Incapacitation or HEMI device. Taser will deliver the first prototypes for testing and evaluation early next year. The ... cartridges should be able to hit targets 60 metres [200 feet] away. However, the impact force of the projectile remains a worry. "There is a known risk of severe injury from impact projectiles, either from blunt force at short ranges or from hitting a sensitive part of the body," says security researcher Neil Davison, who has recently written a book on non-lethal weapons. The duration of the shock which the HEMI will deliver to its target has also raised concerns. Marksmen will need time to reach the incapacitated target, and because the weapon is designed for long-range use this could be considerable. "We should be worried about undesirable effects if people are going to be subjected to bouts of prolonged incapacitation," says Steve Wright, a specialist in non-lethal weapons at Leeds Metropolitan University in the UK.

Note: For lots more on "non-lethal weapons" from major media sources, click here.

Important Note: Explore our full index to revealing excerpts of key major media news articles on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.