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Security

Chen Affair Raises Questions About Romney Blind Trust Investment In Chinese Surveillance Company

Former Massachusetts governor Mitt Romney was quick to lash out at the Obama administration’s handling of Chinese dissident Chen Guangcheng. Yesterday, when reports circulated that U.S. embassy officials had communicated threats to Chen’s family, Romney blasted the administration, saying, “if the reports are true” then the episode was a “dark day for freedom.”

The situation on the ground in Beijing remains uncertain but new reports suggest that progress is being made by the State Department in reaching an agreement with Chinese authorities to permit Chen to take up a fellowship from an American University, “where he can be accompanied by his wife and two children,” reports State Department spokeswoman Victoria Nuland. But while Romney was quick to attack the Obama administration while sensitive negotiations were underway yesterday between U.S. diplomats and Chinese authorities, the presumptive Republican nominee has never answered questions about whether his own family has profited from Chinese surveillance of its own citizenry.

In March, The New York Times revealed that a Bain-run fund, in which a Romney family blind trust had invested between $100,000 and $250,000, purchased Uniview Technologies in December. Uniview is a Chinese company that claims to be the biggest supplier of surveillance cameras to the Chinese government and produces “infrared antiriot” cameras and software that allow police to share images in real time and provide technology for an emergency command center in Tibet “that provides a solid foundation for the maintenance of social stability and the protection of people’s peaceful life,” according to Uniview’s web site.

Security cameras played a central role in the house-arrest imposed on Chen Guangcheng’s family. After his escape to Beijing and the U.S. embassy, Chen reported that Chinese authorities installed seven video cameras and an electric fence at his house. However, it is not known whether Uniview supplied these cameras.

Yesterday, in a surprise call to a Congressional hearing, Chen told lawmakers, “I’m really afraid for my other family members’ lives” and “[n]ow those security officers in my house basically have said, ‘We want to see what else Chen Guangcheng can do.’”

With the news that Chinese authorities may permit Chen to leave China with his family, a political crisis may be averted. But Mitt Romney and his family’s investment of between $100,000 and $250,000 in Uniview Technologies should raise questions about Romney’s ties to a company that openly advertises its close ties to the Chinese government’s state security apparatus and the use of its technologies in “both peacetime and wartime.”

Security

NY Post Blasts AP’s Pulitzer ‘For Its Year-Long, Non-Stop Hit-Job On The NYPD’s Counterterrorism Efforts’

Yesterday, the Columbia University-based Pulitzer Prize board announced that four Associated Press journalists won the investigative reporting award “for their spotlighting of the New York Police Department’s clandestine spying program that monitored daily life in Muslim communities, resulting in congressional calls for a federal investigation, and a debate over the proper role of domestic intelligence gathering.”

The right-wing New York Post is none too pleased about the AP’s “Pulitzer for its year-long, non-stop hit-job on the NYPD’s counterterrorism efforts,” seizing on the Pulitzer board’s recognition of a public debate on when the government gets to spy on its own citizens:

Debate? There’s none on the streets of this city, where a recent Quinnipiac poll shows 58 percent of New Yorkers reject the AP’s smear that the NYPD “has unfairly targeted Muslims,” and where fully 82 percent — including majorities of every demographic group — say the department “has been effective in combating terrorism.”

The poll the Post cites did not ask respondents about the program to monitor Muslim communities solely for being Muslim (or in some cases, solely for belonging to certain Muslim sects), but the stats are by-and-large accurate: Many New Yorkers do support the NYPD’s counterterror efforts. Nonetheless, it would be nice to know what New Yorkers think about domestic spying on their neighbors solely because of their religion.

There are, however, at least some New Yorkers who object to the surveillance: some of the leaders of those communities that were targeted. Local television covered organized boycotts of interfaith meetings with Mayor Michael Bloomberg’s office:

Muslims, however, are not a monolith, and some Muslims did support NYPD efforts. One was Zuhdi Jasser, a Muslim whose organization is dedicated to combatting extremism. But Jasser comes with his own baggage: He sits on the board of the Clarion Fund and has yet to disavow his ties to the Islamophobic organization.

The Post writes that the AP stories “never even cited a single thing the cops did that is illegal, or even ill-advised.” Finding out illegal activities needn’t be the threshold for great reporting (Does the New York Post limit itself to covering alleged crimes?). And the AP’s stories certainly have uncovered some “ill-advised” surveillance techniques that are troubling regional leaders. New Jersey Governor Chis Christie criticized the NYPD for “arrogance or paranoia” in its failure to coordinate its efforts and the top FBI official in Newark said the NYPD program is “starting to have a negative impact” because Muslim sources are pulling back their cooperation. (HT: Adam Serwer)

Justice

Documents Reveal FBI Spied On Peaceful Muslims

J. Edgar Hoover

J. Edgar Hoover

Newly released FBI documents obtained by the American Civil Liberties Union, suggest that the bureau illegally spied on the religious practices of Muslim Americans, under the guise of community outreach. An FBI spokesman defended the information gathering as “within the scope of an authorized law enforcement activity, whether investigation or liaison, including activities designed to strengthen relationships in various communities.”

The ACLU explains:

The FBI’s targeting of American Muslim religious organizations for secret intelligence gathering raises grave constitutional concerns because it is an affront to religious liberty and equal protection of the law. The bureau’s use of outreach meetings to gather intelligence also undermines the trust and mutual understanding necessary to effective law enforcement. Additionally, the FBI’s retention of information gathered through “mosque outreach” in its intelligence files violates federal Privacy Act prohibitions against the maintenance of records about individuals’ First Amendment-protected activity.

But this would hardly be the first time the FBI spied on peaceful Americans.

Here are just a few recent examples:

  • Iraq War Opponents — A 2002 FBI memo showed the bureau investigated gatherings of the Thomas Merton Center for Peace & Justice, as the pacifist group leafleted against the Iraq War.
  • Environmentalists — The FBI improperly investigated two planned Greenpeace corporate protests, a three-year inquiry extending long after the protests were over.
  • Animal Rights Supporters — The bureau also improperly investigated People for the Ethical Treatment of Animals.

    This intelligence, while not useful for public safety, was at least better than the virtual restaurant reviews gathered by the New York Police Department’s spying operation.

    A 2010 Inspector General’s report lambasted the FBI for equating nonviolent protests with terrorism and for “false and misleading statements to the public and to Congress.”

    Of course, these groups are in good company. Dr. Martin Luther King Jr. himself was spied on regularly by J. Edgar Hoover’s FBI. The COINTELPRO investigations into whether the civil rights leader might be a Communist including tapped phone conversations, bugs at his house, and even a 1964 infamous poison-pen letter warning him he would be exposed as a fraud.

    But nearly 50 years later, it seems perhaps the FBI should have learned from its mistakes.

  • Alyssa

    ‘Homeland’s David Marciano On Virgil’s Backstory, His Roles On ‘The Shield’ And ‘Due South,’ And Penn State

    Homeland is by far the best new television show of the fall, and to my mind, one of the best characters in it is Virgil, the surveillance expert who acts as CIA agent Carrie’s exasperated colleague and big brother figure as they spy on suspected terrorist and former prisoner of war Nicholas Brody. I spoke with David Marciano, who told me about Virgil’s backstory, his motivations for acting, and what Virgil has in common with the cops he played on Due South and The Shield. This interview has been edited for clarity and length.

    Tell me more about Virgil’s relationship with Carrie. He appears to be very loyal to her, even when he’s chewing her out for crossing a line.

    We discussed, prior to shooting the pilot, we had some rehearsal sessions, and there was a meeting with [writer] Michael Cuesta, [showrunner] Alex Gansa, and Carrie [Claire Danes] and we went over a lot of issues. We decided that Virgil went to the New Jersey Institute of Technology and studied engineering, and when he graduated, he wanted to work for the CIA and he applied for a job, and Saul was the guy I interviewed with, and he turned me down. And he hired somebody from MIT. So I just kind of was on my own, doing my own sort of freelance audio-visual surveillance, I met Carrie, and we became friends, and I sort of became, over time, like her big brother. My guess is, because I studied a little bit of behavioral psychology, Virgil was an outsider as a kid. And he grew up in a neighborhood in New Jersey where it was brawn over brains, and Virgil was a little bit of a tech nerd. And he was a brainiac and he had a sharp tongue, and you take a few beatings. You take a few shots to the ego and shots to your manhood, so to speak. And therefore, when you get older, you want to take care of people who are being abused or being ostracized. So it makes sense that Virgil would look after [Carrie], because she is an outsider, she is an outsider in this community. Also, everyone had someone to answer to. Saul has to answer to someone. Estes has to answer to answer to someone. Virgil has her back. Virgil’s going to look after her and take care of her. He doesn’t want what happened to him to happen to her…

    As an actor, I have to justify how I’m behaving in the present. Everything we do as human beings in the present is the result of things that have happened to us in the past. People who become nurses are usually people who had to take care of their father or their mother. Archetypically, if you’re a caregiver, you’re a caregiver from a very young age. We choose these professions subconsciously.

    Is that true for you, in terms of deciding you wanted to act?

    In terms of me choosing acting, I needed to be recognized. As a child, I wasn’t recognized by my parents. My parents were divorced by the time I was 3. My father was around, I could never get his approval. My mother, she was a single mom. I was also an only child. So I had to make a lot of noise in order to be recognized. And as an actor, we choose acting because it’s an opportunity for you to hear me and to be recognized…when I first came to town, I would interview with agents, and I would say “I didn’t come here to go swimming, I didn’t come here to go fishing, I didn’t come here to get laid. I came here to win an Academy Award, an Emmy, and a Cleo. So let’s get to work.”
    Read more

    Yglesias

    Surveillance Abuse in the USA

    File-J_edgar_hoover_bldg

    I wonder if Google will threaten to stop operating in the United States once it turns out our government’s been up to snooping malfeasance:

    The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews. FBI officials issued approvals after the fact to justify their actions.

    E-mails obtained by The Washington Post detail how counterterrorism officials inside FBI headquarters did not follow their own procedures that were put in place to protect civil liberties. The stream of urgent requests for phone records also overwhelmed the FBI communications analysis unit with work that ultimately was not connected to imminent threats.

    The FBI’s general counsel assures us that this was all “good-hearted.” And those reassurances keep coming down the pike. After each revelation of illegal surveillance, we’re assured that these abuses aren’t that kind of abuse—like the kind where J Edgar Hoover (who remains an honored figure in the FBI, with the headquarters building named after him) spied on Martin Luther King Jr, or Richard Nixon used counterterrorism powers against domestic political enemies. We’re talking about some whole other kind of innocuous, good-hearted abuses.

    And who knows, maybe they are. But how many times does “good-hearted” abuse need to go unpunished before something more insidious happens? I find the political complacency in the face of these surveillance abuses to be really stunning. I get that many people figure that the whole arbitrary detention and torture thing is something that’s supposed to happen to other, browner people with funny names. But we don’t need to guess about what happens when the government has unrestricted surveillance power—it’s a story we’ve seen already.

    Security

    Obama Administration To Preserve Bush-Era Policy Of Intrusive Laptop Searches

    swire.JPGIn June 2008, a federal appeals court ruled that Customs and Border Patrol (CBP) officers can search travelers’ laptops and copy their entire contents without probable cause or “reasonable suspicion.” CBP officers “can review and analyze the information transported by any individual attempting to enter, reenter, depart, pass through, or reside in the United States,” including information from laptops and other electronic devices. A CBP official dismissed growing public concern regarding this draconian policy at the time, saying the policy is akin to simply searching one’s backpack (it’s not).

    The Washington Post reports today that the Obama administration will largely continue this policy:

    The Obama administration will largely preserve Bush-era procedures allowing the government to search — without suspicion of wrongdoing — the contents of a traveler’s laptop computer, cellphone or other electronic device, although officials said new policies would expand oversight of such inspections.

    The policy, disclosed Thursday in a pair of Department of Homeland Security directives, describes more fully than did the Bush administration the procedures by which travelers’ laptops, iPods, cameras and other digital devices can be searched and seized when they cross a U.S. border.

    Privacy law expert Peter Swire noted a number of problems with this severely intrusive policy, namely that it limits privacy, free speech and business secrets, sets bad precedent for other more untrustworthy regimes throughout the world, and could discourage foreign travel to the U.S.

    Obama administration officials say that more protections have been put in place. In one new “oversight,” CBP officers “should now generally take no more than 5 days” to conduct searchers (more than enough time to copy the entire contents of large hard drives). Homeland Security Secretary Janet Napolitano said the new policy “strike[s] the balance between respecting the civil liberties and privacy of all travelers.” Civil Liberties advocates disagree:

    Under the policy begun by Bush and now continued by Obama, the government can open your laptop and read your medical records, financial records, e-mails, work product and personal correspondence — all without any suspicion of illegal activity,” said Elizabeth Goitein, who leads the liberty and national security project at the nonprofit Brennan Center for Justice.

    The Center for American Progress Action Fund and the Electronic Frontier Foundation mobilized action campaigns last year calling on citizens to urge the federal government to abandon this policy. The Post reports that according to DHS data, “[b]etween October 2008 and Aug. 11, more than 221 million travelers passed through CBP checkpoints. About 1,000 laptop searches were performed, only 46 in-depth.”

    Politics

    In Op-Ed Attacking IG Report, John Yoo Never Mentions That He Refused To Cooperate With The Investigation

    yoo-hands1.jpgLast week, the Inspectors General of five separate intelligence agencies released a congressionally-mandated report on the Bush administration’s post-9/11 surveillance programs. The report focuses much of its criticism on John Yoo, a former deputy assistant attorney general in the Office of Legal Counsel, who wrote “legal memos undergirding the policy.”

    In the Wall Street Journal today, Yoo responded to the report, claiming that the inspectors general are ignoring history and are simply “responding to the media-stoked politics of recrimination.” But in his attack on the report, Yoo neither responded to the specific criticisms of his legal reasoning nor mentioned that he refused to cooperate with the investigation.

    Instead, Yoo persisted in pushing the flaws in his legal argument, such as the claim that the Foreign Intelligence Surveillance Act did not take war into consideration:

    It is absurd to think that a law like FISA should restrict live military operations against potential attacks on the United States. Congress enacted FISA during the waning days of the Cold War. … In FISA, President Bush and his advisers faced an obsolete law not written with live war with an international terrorist organization in mind. It was to meet such emergency circumstances that the Founders designed the presidency.

    But the IG report stated:

    Yoo wrote that “unless Congress made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area — which it has not — then the statute must be construed to avoid such a reading.”

    Yoo’s analysis of this point would later raise serious concerns for other officials in OLC and the Office of the Deputy Attorney General (ODAG) in late 2003 and early 2004. Among other concerns, Yoo did not address the section of FISA that creates an explicit exemption from the requirement to obtain a judicial warrant for 15 days following a congressional declaration of war. See 50 U.S.C. § 1811. Yoo’s successors in OLC criticized this omission in Yoo’s memorandum because they believed that by including this provision in FISA Congress arguably had demonstrated an explicit intention to restrict the government’s authority to conduct electronic surveillance during wartime.

    In his op-ed, Yoo also argued that “the 1952 Supreme Court case of Youngstown Sheet & Tube v. Sawyer is the IG’s lodestar,” but that it doesn’t apply in the case of Bush’s warrantless wiretapping program. Yoo never mentioned, however, that he neglected to make that argument in his legal memos supporting the program:

    Yoo’s legal memoranda omitted any discussion of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952), a leading case on the distribution of government powers between the Executive and Legislative Branches. Justice Jackson’s analysis of President Truman’s Article II Commander-in-Chief authority during wartime in the Youngstown case was an important factor in OLC’s subsequent reevaluation of Yoo’s opinions on the legality of the PSP.

    Finally, though he mentioned that IG report covers “‘other’ intelligence measures” that he signed off on, Yoo never addressed the charge that his “discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” which led former Attorney General John Ashcroft to conclude that he had “been certifying the Authorizations prior to March 2004 based on a misimpression of those activities.”

    Update

    Anonymous Liberal has more on the misleading nature of Yoo’s op-ed, especially concerning Youngstown.

    Security

    Inspectors General Confirm Bush Admin Carried Out Massive Illegal Surveillance, More Than Previously Known

    addingtonA congressionally-mandated report by Inspectors General of five separate intelligence agencies confirms that the Bush administration carried out “unprecedented,” massive surveillance activities beyond the warrantless wirteapping program that had previously been revealed. The Bush administration authorized the program without fully notifying Congress:

    Rep. Jane Harman, D-Calif., told The Associated Press she was shocked to learn of the existence of other classified programs beyond the warrantless wiretapping.

    Former Bush Attorney General Alberto Gonzales made a terse reference to other classified programs in an August 2007 letter to Congress. But Harman said that when she had asked Gonzales two years earlier if the government was conducting any other undisclosed intelligence activities, he denied it.

    “He looked me in the eye and said ‘no,’” she said Friday.

    As ThinkProgress previously reported, former Deputy Attorney General James Comey’s testimony before Congress implied that “other programs exist for domestic spying” outside of the NSA program. Gonzales even stated in 2007 that “other intelligence activities” existed. The new report found Gonzales’ statements to be “incomplete and confusing” and “inaccurate,” though not intentionally misleading.

    Attorney General John Ashcroft had originally given authorization for the program based on a “misimpression” of what activities the NSA was actually conducting. The lack of full disclosure led to the showdown in Ashcroft’s hospital room in 2004, which almost caused a mass resignation at DoJ.

    According to the report, top Cheney aide David Addington could personally decide who in the administration was “read into” the classified program. The inspectors general interviewed more than 200 people inside and outside the government. But because the inspectors general “lacked the authority to compel testimony,” five former Bush administration officials — Ashcroft, John Yoo, George Tenet, Andrew Card, and Addington — refused to be questioned.

    Most of the intelligence leads generated under what was known as the “President’s Surveillance Program,” which began shortly after 9/11, did not have any connection to terrorism, the report said. Moreover, the information produced was of “limited” value to intelligence officials.

    White the IGs’ report does not yield any details about the secret programs, Radar reported in 2008 that a program called “Main Core” was engaged in massive data collection of Americans:

    According to a senior government official… ”There exists a database of Americans, who, often for the slightest and most trivial reason, are considered unfriendly, and who, in a time of panic, might be incarcerated. The database can identify and locate perceived ‘enemies of the state’ almost instantaneously.” … One knowledgeable source claims that 8 million Americans are now listed in Main Core as potentially suspect. In the event of a national emergency, these people could be subject to everything from heightened surveillance and tracking to direct questioning and possibly even detention.

    Glenn Greenwald notes that there likely “will be no consequences” for any of this “rampant and blantant” lawlessness because the Obama administration “opposes all Congressional investigations into Bush-era crimes and, worse, is engaged in extraordinary efforts to block courts from adjudicating the legality of Bush’s surveillance activities by claiming that even long-obsolete and clearly criminal programs are ‘state secrets.’”

    Update

    Jack Balkin writes, “In sum: the Bush Administration used an illegal program that wasn’t effective, and when the public found out, it repeatedly used this ineffective program to scare Congress into passing laws that legitimated many of its illegal practices and gave the intelligence agencies greater leeway with less oversight.”


    Update

    ,Spencer Ackerman questions: “Does the legal architecture of the original [surveillance program] still remain in place? I suppose if it does, one vehicle for calling attention to it — and perhaps doing something about it — is the debate over reauthorizing sections of the Patriot Act that will take place later this year.”


    Update

    ,In an interview with the AP, former CIA Director Michael Hayden claimed that top members of Congress were kept well-informed all along the way. “One of the points I had in every one of the briefings was to make sure they understood the scope of our activity ‘They’ve got to know this is bigger than a bread box,’ I said,” said Hayden.


    [upd

    Politics

    NSA analyst ‘improperly accessed’ Bill Clinton’s e-mail through domestic surveillance program.

    The New York Times reports today that members of Congress are increasingly concerned about the extent of the NSA’s domestic surveillance program, particularly the overcollection of the private telephone calls and e-mail messages of Americans. An anonymous former intelligence analyst tells reporters James Risen and Eric Lichtblau that during much of the Bush years, the NSA “tolerated significant collection and examination of domestic e-mail messages without warrants.” Reportedly, one of the accessed domestic e-mail accounts belonged to former President Bill Clinton:

    clintonHe said he and other analysts were trained to use a secret database, code-named Pinwale, in 2005 that archived foreign and domestic e-mail messages. He said Pinwale allowed N.S.A. analysts to read large volumes of e-mail messages to and from Americans as long as they fell within certain limits — no more than 30 percent of any database search, he recalled being told — and Americans were not explicitly singled out in the searches.

    The former analyst added that his instructors had warned against committing any abuses, telling his class that another analyst had been investigated because he had improperly accessed the personal e-mail of former President Bill Clinton.

    Update

    Responding to the Times story, Senate Intel Committee Chairwoman Dianne Feinstein (D-CA) said there have not been flagrant violations of rules governing surveillance of American e-mails and phone calls.

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