Senate Effort to Renew NSA Spying Powers Contains Provision to Stop Next Edward Snowden

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Senator Dianne Feinstein has proposed legislation to protect the National Security Agency from losing dragnet surveillance powers when Patriot Act provisions expire. But her bill would not only save spying powers but also codify into law a provision that would expressly enable the government to criminalize any national security whistleblower who may choose to follow the footsteps of NSA whistleblower Edward Snowden.

As first reported by journalist Marcy Wheeler, the provision in Feinstein’s bill [PDF] is modeled after the Espionage Act, which President Barack Obama’s administration has aggressively relied upon to prosecute a record number of whistleblowers. (Snowden was indicted under the Espionage Act.)

The provision would prohibit “unauthorized disclosures” by an “officer, employee, contractor, or consultant of the United States” or any “recipient of an order” issued under the Foreign Intelligence Surveillance Act (FISA), who “knowingly comes into possession of classified information or documents or materials containing classified information” of the US.

A person could be criminalized if they disclosed any information connected to an application to the FISA Court, an order approved by the court or information acquired under a directive issued by the court.

Knowingly communicating, transmitting and making available information to an “unauthorized person,” such as a journalist, would be criminal. Someone who “knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location,” as Snowden did before providing documents to journalists, would be violating the law as well.

Making information available to a reporter could potentially result in someone going to jail for ten years. Retaining documents at an unauthorized location could potentially result in a one-year prison sentence.

A similar provision was included in a bill introduced by Senator Richard Burr over the weekend. The bill was also drafted to protect dragnet surveillance powers.

Both Burr, a Republican who chairs the Senate intelligence committee, and Feinstein, a Democrat and former chair of the Senate intelligence committee, are powerful senators who have traditionally supported anti-leaks measures, which Senator Ron Wyden blocked in 2012.

Feinstein accused Snowden in June 2013 of “violating” his oath to defend the Constitution. She unequivocally stated, “He violated the law. It’s treason.” When Burr found about what Snowden revealed on mass surveillance, he was not concerned about the programs but rather about how a contractor like Snowden had access to so much material.

Jesselyn Radack, an attorney who has represented a number of whistleblowers such as Thomas Drake, Bill Binney, and currently represents Snowden, reacted, “Feinstein is the latest member of Congress to offer a non-compromise ‘compromise’ to replace the already-compromised USA Freedom Act. Her bill would essentially retain Richard Burr’s odious Section 215 mini-Espionage Act, imposing 10-year penalties on people like my NSA whistleblower clients Edward Snowden, William Binney and Thomas Drake, who told us what the intelligence community was really doing with the call records program.”

“The most disturbing aspect is the prospect of Congress codifying the Justice Department’s draconian use of the century-old Espionage Act into law when there’s a lot of validity that the Department has unconstitutionally applied the Espionage Act to whistleblowers.”

The provision contains no clear and present danger standard, which means it would not matter if a person knew the disclosure of information would result in no harm. The government would be under no obligation to present any evidence that a release of information caused grave damage or harmed anyone during prosecution. This would likely violate the First Amendment. (more…)

Senator Feinstein Says TPP Is Not For Corporate America, Critics Should ‘Take A Good Look’

The rhetoric for the Trans-Pacific Partnership (TPP) is hitting new levels of absurdity. Though all available evidence – including leaked portions – shows the TPP is a massive give away to corporate interests, the agreement is being framed by Democratic advocates as some sort of bizarre achievement for working people.

First the White House called the TPP the “most progressive trade agreement in history” and now Senator Dianne Feinstein has claimed that TPP is not for Corporate America.

Instead, Feinstein offered that small businesses will be the real beneficiaries and that critics of the measure should more closely examine the proposed agreement.

“I want to straighten one thing out, and that is that most people think this is a bill for corporate America,” Sen. Dianne Feinstein said on ABC’s “This Week.” “In California, 95 percent of the trade is carried out by companies and business of less than 500 people.”…

Feinstein also said Democratic presidential candidate Hillary Clinton, who’s been criticized for dodging the debate on the issue, should “take a good look” at the measure.

Aye, there’s the rub. Can we “take a good look” Senator Feinstein? The answer, of course, is no. That lack of transparency from the “most transparent administration in history” is exactly why people are skeptical about other claims. That and the history of so-called free trade agreements which, to put it lightly, is unimpressive.

But if the White House and corporate Democrats really do believe what they say about how progressive this deal is then they should be committed to showing it to the public shouldn’t they? Anytime now.

CIA Investigation Minimizes Use of Drugs on Rendition & Black Site Detainees

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The CIA has released documents regarding a 2008 Inspector General (IG) investigation into the use of “mind-altering” drugs to enhance or facilitate interrogations undertaken as part of their rendition, “black site” detention, and interrogation-torture (RDI) program. Not surprisingly, a brief investigation found, according to a January 29, 2009 newly declassified letter sent from the CIA IG to Senator Dianne Feinstein, then-chair of the Senate Select Committee on Intelligence (SSCI), that CIA had not used any drugs on detainees for the purpose of interrogations.

The documents were released to Jason Leopold at VICE News, who posted a comprehensive article examining them earlier today. Leopold and I have previously written on the subject of drugging prisoners, and examined an earlier Department of Defense IG report on the subject a few years ago, as well as the use of mefloquine at Guantanamo, about which more below.

The CIA Inspector General, John L. Helgerson, referred Feinstein to a statement by the Director of CIA’s Office of Medical Services (OMS), to the effect that “no ‘mind-altering’ drugs were administered to facilitate interrogations and debriefings because no medications of any kind were used for that purpose.”

But as we shall see, there were many claims by prisoners of drugging during CIA renditions, and later by affiliated “liaison” government officials. Other prisoners claimed they were drugged during the time they were held by CIA itself at their black site prisons. None of those charges were addressed by Helgerson in his investigation, unless they were part of a 5-page section of the new CIA document release that was totally whited out by the CIA FOIA officials.

No CIA detainees were evidently ever interviewed as part of the IG investigation.

Helgerson said that he queried IG investigators working on another investigation of abuse claims by 16 high-value detainees then held at Guantanamo. The alleged abuse concerned treatment by CIA before the detainees were transferred to Guantanamo in 2006. Helgerson said the investigators had no knowledge of “the use of ‘mind-altering’ drugs as a part of the interrogation regimen.” Nothing is known about this IG investigation on detainee complaints.

Helgerson, who is now retired, did refer in his letter to Feinstein to the May 2004 CIA IG report that examined “isolated allegations of mistreatment or abuse of detainees, though he never specifically states that there were no claims of drugging in that “comprehensive review.”

Helgerson said that the CIA IG had investigated “a variety of specific unrelated detainee abuse allegations” since the 2004 report.

MKULTRA, KUBARK, and Phoenix

The issue of CIA drugging of prisoners has historical resonance since CIA engaged in a decades-long program of experimentation on the use of “truth serums” and other drugs, including LSD, for use in interrogations. Known under various acronyms, including Bluebird, MKDELTA and MKSEARCH, the program was best known in popular accounts as MKULTRA. The CIA’s KUBARK interrogation manual from the early 1960s drew specifically upon MKULTRA research when it advocated use of “narcosis” or the use of drugs for interrogations.

The latest version of the KUBARK manual (PDF), released to me last year after a Mandatory Declassification Request, showed a much heavier emphasis on the use of foreign “liaison” agencies for detention of CIA prisoners than had been previously revealed.

The CIA’s 1983 Human Resource Exploitation Training Manual also describes such liaison relationships in some depth, in addition to a discussion of using drugs during interrogation. According to National Security Archive, “The manual was used in numerous Latin American countries as an instructional tool by CIA and Green Beret trainers between 1983 and 1987 and became the subject of executive session Senate Intelligence Committee hearings in 1988 because of human rights abuses committed by CIA-trained Honduran military units.”

This aspect of the CIA’s program both before and after 9/11 has probably had the least amount of emphasis in the press, for partly understandable reasons, as the actions of police or intelligence agencies in foreign countries is least penetrable or open to examination by government or human rights agency, not to mention journalists. (more…)