Category Archives: The Surveillance State

“That’s a Violation of My Privacy!”


In Little Canada, MN the police are trying to argue that Andrew Henderson violated HIPPA (federal healthcare privacy law) when he recorded a police interaction with a third party which required an ambulance. His camera was confiscated, the file was deleted (according to Henderson), and is being charged with “disorderly conduct” and “obstruction of the legal process.” How filming the police from 30 feet away qualifies for either charge is beyond me.

Hat Tips: The Agitator (for the comic strip) and The Drudge Report (for the Little Canda story).

In the U.S. State Department’s De-listing of MEK as a Terrorist Group, the “War on Terror” Loses All Meaning*

“In this world, there are good causes and bad causes, and we may disagree on where that line is drawn. Yet, there is no such thing as a good terrorist. No national aspiration, no remembered wrong can ever justify the deliberate murder of the innocent. Any government that rejects this principle, trying to pick and choose its terrorist friends, will know the consequences.” -President George W. Bush speech to the U.N. General Assembly on November 10, 2001

“We don’t negotiate with terrorists”- a refrain we have heard from many American presidents and American politicians over the years. But anyone who has taken even a cursory look at history knows that this is a lie. Not only does our government negotiate with terrorists and state sponsors of terrorism, the uncomfortable truth is that the U.S. itself is a state sponsor of terrorist groups when the group in question uses its tactics against enemies of the U.S. or her allies.

The latest example is Secretary of State Hillary Clinton’s announcement that Mujahadeen-e-Khalq (a.k.a. MEK) will be de-listed as a “foreign terrorist organization.” MEK has been on the list since 1997. For those who are not familiar with MEK, this organization was once aligned with Saddam Hussein** and allegedly responsible for killing at least six Americans in the 1970’s along with a failed kidnapping attempt of U.S. Ambassador to Iran Douglas MacArthur II in 1971 and a failed assassination attempt of USAF Brig Gen Harold Price in 1972.

Lest there be any partisans on the Right trying to accuse the Obama administration giving in to terrorism, its worth pointing out that the campaign to de-list MEK has been a bipartisan effort. Rudy Giuliani, Tom Ridge, Fran Townsend, Michael Mukasey, Andrew Card of the Right have joined MEK advocates of the Left such as Howard Dean, Wesley Clark, Bill Richardson, and Ed Rendell. Many of these advocates have been paid to speak out on MEK’s behalf; a crime of “material support” of terrorism under normal circumstances but apparently A-OK if done by prominent politicians.

So what exactly has MEK done to ingratiate itself to the State Department to be de-listed as a foreign terrorist organization? Has MEK ceased its terrorist activities or paid restitution (to the extent it could be paid) to its victims? According to Glenn Greenwald, its quite the opposite:

What makes this effort all the more extraordinary are the reports that MEK has actually intensified its terrorist and other military activities over the last couple of years. In February, NBC News reported, citing US officials, that “deadly attacks on Iranian nuclear scientists are being carried out by [MEK]” as it is “financed, trained and armed by Israel’s secret service”. While the MEK denies involvement, the Iranian government has echoed these US officials in insisting that the group was responsible for those assassinations. NBC also cited “unconfirmed reports in the Israeli press and elsewhere that Israel and the MEK were involved in a Nov. 12 explosion that destroyed the Iranian missile research and development site at Bin Kaneh, 30 miles outside Tehran”.

In April, the New Yorker’s Seymour Hersh reported that the US itself has for years provided extensive training to MEK operatives, on US soil (in other words, the US government provided exactly the “material support” for a designated terror group which the law criminalizes). Hersh cited numerous officials for the claim that “some American-supported covert operations continue in Iran today.” The MEK’s prime goal is the removal of Iran’s government.

Despite these reports that the MEK has been engaged in terrorism and other military aggression against Iran – or, more accurately: likely because of them – it was announced on Friday the US State Department will remove MEK from its list of terrorist organizations. This event is completely unsurprising. In May, I noted the emergence of reports that the State Department would do so imminently.

Greenwald goes on to point out five lessons we should learn from MEK’s de-listing: 1. There is a separate justice system in the US for Muslim Americans, 2. the US government is not opposed to terrorism when its beneficial, 3.“terrorism” is a meaningless (and often manipulated) term, 4. legalized influence-peddling within both parties is what drives DC, and 5. there is aggression between the US and Iran, but it’s generally not from Iran. It’s quite a scathing indictment of what the U.S. government’s stated policy is regarding terrorism and what its actual policy is.

Over at Popehat, Ken writes his thoughts about MEK’s de-listing. Ken recalls how as a young lawyer, he was on a prosecution team responsible for prosecuting someone who had ties with MEK. By Ken’s account, there was “no doubt” that this person was guilty of running an immigration fraud ring as the evidence against him was “overwhelming.” Ken points out that this occurred before 9/11 and “Bob’s” sentence wasn’t any worse because of his involvement with MEK, though the prosecution team worked very hard was very proud of connecting “Bob” to the terrorist organization.

Needless to say, Ken isn’t very pleased with MEK’s de-listing either and for some very good reasons:

The six people the MEK killed in the 1970s are still dead. They were dead when the State Department designated the MEK as a foreign terrorist organization and they have been dead all the years since and they won’t get any less dead when the State Department removes the MEK from its FTO list. The MEK is the organization that once allied with Saddam Hussein; that historical fact hasn’t changed, although its political significance has. No — what has changed is the MEK’s political power and influence and the attitude of our government towards it.

[…]

The United States government, under two opposed increasingly indistinguishable political parties, asserts the right to kill anyone on the face of the earth in the name of the War on Terror. It asserts the right to detain anyone on the face of the earth in the name of the War on Terror, and to do so based on undisclosed facts applied to undisclosed standards in undisclosed locations under undisclosed conditions for however long it wants, all without judicial review. It asserts the right to be free of lawsuits or other judicial proceedings that might reveal its secrets in the War on Terror. It asserts that the people it kills in drone strikes are either probably enemy combatants in the War on Terror or acceptable collateral damage. It asserts that increasing surveillance of Americans, increasing interception of Americans’ communications, and increasingly intrusive security measures are all required by the War on Terror.

But the War on Terror, unlike other wars, will last as long as the government says it will. And, as the MEK episode illustrates, the scope of the War on Terror -the very identity of the Terror we fight — is a subjective matter in the discretion of the government. The compelling need the government cites to do whatever it wants is itself defined by the government.

Glenn Greenwald and Ken are both right on what the de-listing of MEK should tell us about the so-called war on terror. Our government is not serious about fighting terrorism, it condones it even as we surrender our liberties at home. This is especially true if the target of the terrorism is Iran or another “state sponsor of terrorism” we are all supposed to be afraid of and eventually be at war with.

» Read more

Recovered from the Memory Hole: Rep. Paul Ryan Urges Congress to Pass TARP

Mitt Romney has selected Rep. Paul Ryan (R-WI) as his running mate with great fanfare among conservatives. Paul Ryan, someone with some fiscal sanity on a major political ticket who can offer an alternative to President Obama and his big government, big spending ways.

Well, not so fast. Not too long after the news of Ryan being selected as Romney’s running mate hit the wires, this little gem was recovered from the memory hole:

Well, maybe this is an anomaly. I wish it were. In addition to supporting TARP, Ryan supported the auto bailout, Medicare Part D, and voted against repealing Davis-Bacon. Ryan is also a war hawk and his record on civil liberties isn’t any better. Extending the Patriot Act, supporting the indefinite detention of American citizens provisions of the NDAA, and voting to create the Department of Homeland Security are but a few examples.

To put it another way, Paul Ryan is no Ron Paul, or even Rand Paul for that matter.

SCOTUS: Police Placing GPS Tracking Device on a Vehicle Without Warrant Violates the Fourth Amendment [or Does it?]

How about some good news on the civil liberties front to kick off the week for a change? Robert Barnes writing for The Washington Post reports that SCOTUS ruled 9-0 in United States v. Jones stating that the police placing a GPS tracking device on a person’s vehicle and tracking said vehicle over days, weeks, or months without a warrant violates the Fourth Amendment’s guarantee against unreasonable searches.

The Supreme Court ruled unanimously Monday that police must obtain a search warrant before using a GPS device to track criminal suspects. But the justices left for another day larger questions about how technology has altered a person’s expectation of privacy.

Justice Antonin Scalia wrote that the government needed a valid warrant before attaching a GPS device to the Jeep used by D.C. drug kingpin Antoine Jones, who was convicted in part because police tracked his movements on public roads for 28 days.

“We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search’ ” under the Fourth Amendment’s protection against unreasonable searches and seizures, Scalia wrote.

[…]

Alito’s point was that it was the lengthy GPS surveillance of Jones itself that violated the Fourth Amendment and that “the use of longer term GPS monitoring in investigations of most offenses impinges on expectations of privacy.”

“For such offenses,” he wrote, “society’s expectation has been that law enforcement agents and others would not — and indeed, in the main, simply could not — secretly monitor and catalogue every single movement of an individual’s car for a very long period.”

The only disagreement among the Justices was whether or not the decision went far enough to protect individuals in a 21st century world based on a 18th century law (i.e. the Fourth Amendment).

Hey, even a blind squirrel can find a nut once in awhile and in even rarer cases, 9 Supreme Court Justices.

***Correction/Further Analysis***
If you followed the link to The Washington Post article, you might notice that the parts I quoted don’t match up exactly. This is because the article has since been edited with a more complete explanation of what United States v. Jones really means. It appears that I put entirely too much trust into what was being reported in the media here and elsewhere (and I still haven’t gotten around to reading the opinion for myself).

Doug Mataconis (who is a lawyer; I am not) was the first to point out that the coverage of this ruling isn’t quite as good from a civil liberties perspective as the media would have us believe:

I think all you can really say is that, under circumstances of this case, the Court found that the use of the tracking device without a warrant was impermissible. As the majority opinion notes, however, the Government attempted to raise in their arguments to the Supreme Court the theory that the search was supported by reasonable suspicion and/or probable cause to believe that Jones was the leader of a drug gang. Under such a theory, the use of the tracking device would have theoretically been justified even without a warrant.

You can read a more detailed analysis from Doug here Outside the Beltway.

Doug also pointed me to this article by Orin Kerr at The Volokh Conspiracy post entitled “What Jones Does Not Hold”

It seems that I wasn’t the only one mislead about the true impact of this ruling. Even Radley Balko at The Agitator had to make some corrections to his post regarding this case and made reference to the same post by Kerr as well as an even more discouraging analysis from Tom Goldstein at SCOTUSblog.

GRANDMA GOT INDEFINITELY DETAINED (A VERY TSA CHRISTMAS)

Lyrics:

Grandma got indefinitely detained now
coming home to visit Christmas Eve
You could say she had a right to counsel
but some folks in the Congress disagree

she was flying home to our house
when she got checked by TSA
thought she might be Abdulmutallab
when they looked at her X-ray

Her hair had recently been colored
she paid cash for her Christmas gifts
two things apparently the Congress
says just might make you a terrorist

Grandma got indefinitely detained now
coming home to visit Christmas Eve
you could claim there’s no right to due process
but check the 5th amendment and you’ll see

they say they need to have these powers
to help protect this free country
but if it takes these steps to do so
what is it we are protecting?

Now she’s an enemy combatant
as if that makes any sense
the only thing that she’s combating
is her unpredictable incontinence

Grandma got indefinitely detained now
trying to come visit Christmas Eve
they took her rights in order to…protect rights..
the most genius plan ever in history

Grandma got indefinitely detained now
never made it home on Christmas day
she always wanted to live in Miami
at least now she’s 90 miles away

1 3 4 5 6 7 29