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    The Last Honest Man: Frank Church and the fight to restrain US power

    Frank Forrester Church sat in the US Senate for 24 years. His tenure was consequential. A Democrat, he battled for civil rights and came to oppose the Vietnam war. He believed Americans were citizens, not subjects. Chairing the intelligence select committee was his most enduring accomplishment. James Risen, a Pulitzer-winning reporter now with the Intercept, sees him as a hero. The Last Honest Man is both paean and lament.“For decades … the CIA’s operations faced only glancing scrutiny from the White House, and virtually none from Congress,” Risen writes. “True oversight would have to wait until 1975, and the arrival on the national stage of a senator from Idaho, Frank Church.”For 16 months, Church and his committee scrutinized the CIA, FBI and National Security Agency and their many abuses. Amid the cold war, in the aftermath of Vietnam and Watergate, Congress grappled with the balance between civil liberties and national security, executive prerogative and congressional authority.Political assassinations, covert operations and domestic surveillance finally received scrutiny and oversight. A plot to kill Fidel Castro, with an assist from organized crime, made headlines. So did the personal ties that bound John F Kennedy, mob boss Sam Giancana and their shared mistress, Judith Campbell Exner.Giancana was murdered before he testified. Before John Rosselli, another mobster, could make a third appearance, his decomposed body turned up in a steel fuel drum near Miami.One subheading in the Church committee’s interim report bears the title: “The Question of Whether the Assassination Operation Involving Underworld Figures Was Known About by Attorney General Kennedy or President Kennedy as Revealed by Investigations of Giancana and Rosselli”.Against this grizzly but intriguing backdrop, Risen’s book is aptly subtitled: The CIA, the FBI, the Mafia, and the Kennedys – And One Senator’s Fight to Save Democracy. The Last Honest Man is a gem, marbled with scoop, laden with interviews.In 2006, Risen won the Pulitzer prize for his coverage of George W Bush’s warrantless wiretapping program. Risen was also part of the New York Times team that snagged a Pulitzer in the aftermath of September 11. He endured a seven-year legal battle with the Bush and Obama justice departments, for refusing to name a source. Eric Holder, Barack Obama’s attorney general, backed off. But he earned Risen’s lasting ire.In 2015, Risen called the Obama administration “the greatest enemy of press freedom in a generation”. Holder, he said, “has done the bidding of the intelligence community and the White House to damage press freedom in the United States”.And then came Donald Trump.Risen now describes Dick Cheney’s efforts to block Church’s committee, as chief of staff to Gerald Ford. To Cheney’s consternation, the president “refused to engage in an all-out war”. So Cheney nursed a grudge and bided his time.In 1987, Cheney and congressional Republicans issued a dissent on Iran-Contra, blaming the Church committee for the concept of “all but unlimited congressional power”. Later, as vice-president to George W Bush, Cheney zestily embraced the theory of the unitary executive, the global “war on terror” and the invasion of Iraq.The Last Honest Man also doubles as a guide to high-stakes politics. Risen captures Gary Hart and the late Walter Mondale on the record. Both Democratic presidential hopefuls – Mondale the candidate in 1984, Hart the frontrunner, briefly, in the 1988 race – after sitting on Church’s committee. The three senators were competitors and colleagues. Paths and ambitions intersected.Church entered the 1976 Democratic presidential primary late – and lost to Jimmy Carter. Carter weighed picking Church as his running mate but opted for Mondale instead.“I think he had seen me on a Sunday news talk show, talking about the Church committee, and he liked how I looked and sounded,” Mondale told Risen.It was for the best. Church never cottoned to Carter, failing hide his disdain. Carter and his aides returned the favor. They “hated Church right back”. David Aaron, a Church aide and later deputy to Zbigniew Brzezinski, Carter’s national security adviser, recalls: “I know that whenever Church’s name came up, Brzezinski would grimace.”In 1980, Ronald Reagan and George HW Bush beat Carter and Mondale in a landslide. The election also cost Church his seat and the Democrats control of the Senate. Four years later, Mondale bested Hart for the Democratic nomination, only to be shellacked by Reagan-Bush again.Daniel Ellsberg, the Pentagon Papers whistleblower, leaves his mark on Risen’s pages too. He played a “previously undisclosed role in the Church committee’s investigation of the assassinations of foreign leaders”, Risen reports in a lengthy footnote.In an interview, Ellsberg says he “met privately” with Church in 1975, as the committee investigated assassination plots. In Risen’s telling, Ellsberg cops to handing Church “a manilla envelope containing copies of a series of top-secret cables” between the US embassy in South Vietnam and “the Kennedy White House”.The messages purportedly pertained to the “US role in the planning of the 1963 coup against South Vietnamese president [Ngô Đình] Diệm that resulted in his assassination”. The Church committee interim report referred to cable traffic between the embassy in Saigon and the White House but contained no mention of Ellsberg.In other words, assassinations and coups carry a bipartisan legacy. It wasn’t just Eisenhower and Nixon, Iran and Chile.Risen hails Church as “an American Cicero” who “offered the United States a brief glimpse of what it would be like to turn away from its imperialistic ambitions … and return to its roots as a republic”.He overstates, but not by much. Iraq and its aftermath still reverberate. But for that debacle, it is unlikely Trumpism would have attained the purchase it still possesses. Our national divide would not be as deep – or intractable. Church died in April 1984, aged just 59.
    The Last Honest Man: The CIA, the FBI, the Mafia, and the Kennedys – And One Senator’s Fight to Save Democracy is published in the US by Hachette More

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    US courts must stop shielding government surveillance programs from accountability | Patrick Toomey and Alex Abdo

    US courts must stop shielding government surveillance programs from accountabilityPatrick Toomey and Alex AbdoThe NSA’s surveillance of Americans’ internet use raises serious constitutional concerns, but the government claims a lawsuit against the program would compromise ‘state secrets’ Imagine the government has searched your home without a warrant or probable cause, rifling through your files, your bedroom dresser, your diary. You sue, arguing that the public record shows it violated your fourth amendment rights. The government claims that it has a defense, but that its defense is secret. The court dismisses the case.In-person teaching has resumed in the US – but electronic snooping hasn’t stopped | Arwa MahdawiRead moreThat’s precisely what the federal government has increasingly said it can do in cases related to national security – under the so-called “state secret privilege”. It can violate constitutional rights, and then defeat any effort at accountability by claiming that its defense is secret – without even showing its evidence to a court behind closed doors. The latest installment in this troubling trend involves the National Security Agency’s monitoring of Americans’ international internet communications.Under a post-9/11 surveillance program known as “Upstream”, the NSA is systematically searching Americans’ internet communications as they enter and leave the United States. The agency sifts through these streams of data looking for “identifiers” associated with its many thousands of foreign targets – identifiers like email addresses and phone numbers. The NSA does all of this without warrants, without any individual judicial approval, and without showing that any of the people it is surveilling – including countless Americans – have done anything wrong. This surveillance raises serious constitutional concerns, but no court has ever considered a legal challenge to it because the government has claimed that allowing a suit against Upstream surveillance to go forward would implicate “state secrets”. Late last month, we filed a petition asking the US supreme court to make clear that the executive branch cannot invoke state secrets to dismiss cases challenging unlawful government conduct. The petition, which we filed on behalf of the Wikimedia Foundation (the non-profit that operates Wikipedia), explains that Upstream surveillance violates the privacy rights of Wikipedia users and Wikimedia itself. But the issue we’re asking the supreme court to decide has far broader implications for efforts to hold the government accountable for the most serious abuses. Historically, the state secrets privilege was not a basis for dismissing cases. When the privilege developed in the early English and American courts, it allowed the government to withhold specific pieces of sensitive evidence. As with other privileges – like the attorney–client or priest–penitent privileges – the sensitive information was excluded, and the case would go forward without it. Sometimes the plaintiff would prevail using other available evidence, and sometimes they would lose. But they would have the chance to make their case in court. In recent years, however, the government has invoked the state secrets privilege not as a shield but as a sword, to seek dismissal of cases even where the plaintiff can make its case using public evidence – as Wikimedia is willing to do. In 2007, for example, an appeals court dismissed a lawsuit filed by Khaled El-Masri claiming that, in a case of mistaken identity, he had been kidnapped and tortured by the CIA. The court acknowledged the public evidence of El-Masri’s mistreatment but held that state secrets were too central to the case to allow it to go forward.And in 2010, a different appeals court dismissed a lawsuit filed by five individuals who claimed that one of Boeing’s subsidiary companies had flown the planes carrying them to the black sites where they were tortured by the CIA. This use of the state secrets privilege – to dismiss cases – departs from the supreme court’s narrow framing of the privilege. The court decided its seminal state secrets case, United States v Reynolds, in 1953, after three civilians died in the crash of a military plane. Their families sued and requested the flight accident report. In response, the government asserted the state secrets privilege, arguing that the report described secret military equipment.The court acquiesced, but it emphasized that the plaintiffs could try to prove their case using other evidence. While the supreme court has accepted dismissal in a small set of cases involving secret espionage contracts, it has never blessed this approach for other cases, let alone ones involving allegations of serious constitutional violations. In Wikimedia’s current lawsuit, the government has taken the maximalist approach. It has asked the courts to dismiss the case on state secrets grounds even though the government itself has released dozens of official reports, court opinions and other documents about Upstream surveillance.Notwithstanding this public record, the lower courts threw out the case – without ever deciding whether this sweeping surveillance is constitutional. The petition we filed gives the supreme court an important opportunity to rein in these over-broad invocations of secrecy. The court should instruct lower courts not to dismiss cases when the government invokes the state secrets privilege, but rather to use the array of tools that courts have long used to adjudicate cases involving sensitive information – for example, relying on security-cleared counsel, as courts routinely do in criminal cases, or examining secret evidence behind closed doors to assess its impact on a case. Unless the supreme court steps in, the state secrets privilege will continue to be a “get out of jail free” card for the government – enabling it to violate the constitution with impunity by invoking secrecy.
    Patrick Toomey is deputy director of the American Civil Liberties Union’s National Security Project
    Alex Abdo is founding litigation director for the Knight First Amendment Institute
    TopicsSurveillanceOpinionUS supreme courtUS politicsNSALaw (US)commentReuse this content More

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    NSA analyst jailed for life for selling US secrets to Soviets dies aged 80

    NSA analyst jailed for life for selling US secrets to Soviets dies aged 80Ronald Pelton, convicted of espionage in 1986, said he accepted money from America’s cold war enemy because he was desperate A former National Security Agency analyst who was arguably its most damaging traitor and became famous for aiding the Soviets during the cold war died last week, according to an obituary posted on the website of a Maryland funeral home.Ronald William Pelton was 80.Pelton was an NSA intelligence communications specialist who, in November 1985, was arrested for selling government secrets to the Soviet Union. He spent about three decades in prison before he completed serving his sentence in 2015.Pelton’s crimes included selling defense and communication secrets for upwards of $35,000. His most notable breach of trust was informing Soviet intelligence of “Operation Ivy Bells”, a plan put forward by the NSA and the US navy to tap the Soviets’ underwater communication cables.He worked for the NSA for 14 years and retired in 1979, after which he approached the Soviet embassy in Washington to sell government secrets. Pelton’s lawyer said he had betrayed the US because he had fallen on hard financial times and was desperate.At the time, Peloton was making $24,500 a year, which – accounting for inflation – is an estimated $100,000 today.A Soviet KGB agent who had defected reported Pelton to investigators, setting the stage for his prosecution.Despite asking for leniency, Pelton was given three life sentences, plus another 10 years to be served at the same time.“I could at least make the rest of my life count,” Pelton pleaded. His pleas were denied.He was freed from his sentence after stints at a halfway house and then under home confinement.A federal judge said Pelton committed “one of the most serious offenses in the US criminal code”.Pelton’s lawyer in the case, Fred Warren Bennett, called his client’s act of espionage “the biggest mistake of his life”.On his obituary page, Pelton’s daughter Pamela Wright commented: “When I was 19, he left and didn’t return until I was nearly 50. During that span of time there was almost no communication. I grew up. Had a family. Went to college and gained a professional career. Had grandchildren. I lived my life without him.“When he came back, he was quieter. More mellow. With many regrets.”TopicsNSAUS politicsRussianewsReuse this content More

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    Reality Winner says she leaked file on Russia election hacking because ‘public was being lied to’

    Reality Winner says she leaked file on Russia election hacking because ‘public was being lied to’Former NSA contractor says in interview ‘I knew it was secret … but I also knew that I had pledged service to the American people’ A former intelligence contractor who was imprisoned for leaking a report about Russian interference in the US presidential election that Donald Trump won in 2016 has insisted she acted out of love for a nation that was “being lied to”.“I am not a traitor – I am not a spy,” Reality Winner said in an interview aired Sunday on CBS’ 60 Minutes. “I am somebody who only acted out of love for what this country stands for.”In some of her most extensive remarks about her case since she was freed from prison last year for good behavior, Winner portrayed herself living as normal a life as possible in Texas, teaching yoga and fitness while also being a pet owner, daughter and sister named after a pun of her family’s surname and her father’s wish to have a “real winner”.The 30-year-old also gave perhaps the most detailed account yet about the day she decided to leave her National Security Agency contractor’s office at the Fort Gordon army base in Georgia with an intelligence report about Russian attempts to meddle in the election that saw Trump beat Hillary Clinton for the White House.Working for NSA contractor Pluribus International Corporation, Winner printed the document – labeled “TOP SECRET” – that explained how Russian military intelligence officials hacked at least one supplier of voting software and tried to break into more than 100 local election systems before the polls closed in 2016.She tucked the report into the pantyhose underneath her dress and walked out of her office at the Fort Gordon army base in Georgia before the document became the basis of an article published on the Intercept news site.Federal authorities announced that Winner had been arrested about an hour after that article came out. The Trump administration had her charged under the Espionage Act, which was initially created during the first world war as a means to punish people spying on the US during times of foreign conflict.Winner pleaded guilty as part of a deal with prosecutors that called for her to be sentenced to five years in prison beginning in 2018. She earned the right to an early release in June of 2021.In Sunday’s interview, Winner said she broke her oath to protect classified material because Americans were being intentionally deceived about Russia’s efforts to sow chaos in the presidential election that vaulted Trump into the Oval Office. Winner hoped the report would end what some purported was confusion over whether or not Russia had meddled in the race that Clinton lost.“The truth wasn’t true any more,” said Winner, who also served in the US air force between 2010 and 2016. “The public was being lied to.”Winner said the leak “did not betray” the country’s “sources and methods” for obtaining sensitive intelligence.“I knew it was secret,” Winner added. “But I also knew that I had pledged service to the American people. And at that point in time, it felt like they were being led astray.”Her attorney, Alison Grinter Allen, also spoke to 60 Minutes correspondent Scott Pelley.Allen told Pelley that her client indeed broke the law but argued that Winner’s prosecution – the first of its kind during the Trump presidency – was little more than political retribution. The lawyer also said that she would help Winner pursue a pardon because her receiving one would be “the right thing for the country”.Winner said her imprisonment was grueling, occurring during coronavirus lockdowns and the worldwide protests ignited by the police murder of George Floyd in Minneapolis. She said she contemplated dying by suicide and stopped those thoughts solely because of her loved ones, particularly her mother, and that she’s tried to “have a sense of accomplishment in having survived prison”.“I try so hard not to frame things as being worth it or not worth it,” Winner said. “What I know is that I’m home with my parents. And we take our lives every day moving forward as being richer in knowing what to be grateful for.”TopicsReality WinnerUS politicsRussiaNSAnewsReuse this content More

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    Reign of Terror review: from 9/11 to Trump by way of Snowden and Iraq

    BooksReign of Terror review: from 9/11 to Trump by way of Snowden and IraqSpencer Ackerman, once of the Guardian, displays a masterful command of the facts but sometimes lets his prejudice show Lloyd GreenSun 8 Aug 2021 02.00 EDTLast modified on Sun 8 Aug 2021 02.01 EDTThis 11 September will be the 20th anniversary of the attacks on the World Trade Center and the Pentagon and the crash of Flight 93. Two wars have left 6,700 Americans dead and more than 53,000 wounded. After the Trump presidency, America roils in a cold civil war. In Afghanistan, the Taliban is on the move again. Saddam Hussein is dead and gone but Iraq remains “not free”.‘A madman with millions of followers’: what the new Trump books tell usRead moreIn other words, the war on terror has produced little for the US to brag about. In an April Pew poll, two-thirds of respondents rated international terror as a “big” problem, albeit one that trailed healthcare, Covid, unemployment and 10 more.Against this bleak backdrop, Spencer Ackerman delivers his first book under the subtitle “How the 9/11 Era Destabilized America and Produced Trump”. It is part-chronicle, part-polemic. The author’s anger is understandable, to a point.Ackerman displays a masterful command of facts. No surprise. In 2014, he was part of the Guardian team that won a Pulitzer for reporting on Edward Snowden’s leaks about the National Security Agency.Ackerman stuck with the topic. A contributing editor at the Daily Beast, he has also been its senior national security writer. Ackerman is fluent in discussing the so-called security state, and how it is a creature of both political parties.In the face of Snowden’s revelations, congressional leaders came out for the status quo. According to Harry Reid, then the Democratic Senate majority leader, senators who complained about being left in the dark about the NSA had only themselves to blame. All other Americans were to sit down and shut up.Nancy Pelosi, then House minority leader and a persistent critic of the Patriot Act, a chief vehicle for surveillance powers, declined to criticize Barack Obama or high-tech intrusion in general. Instead, she called for Snowden’s prosecution. He made Russia his home.Ackerman notes that the American Civil Liberties Union and Rand Paul, Kentucky’s junior senator, were notable exceptions to the rule. At the time, Paul remarked: “When you collect it from a billion phone calls a day, even if you say you’re going to keep the name private, the possibility for abuse is enormous.”Ackerman also shines a light on how the far right played an outsized role in domestic terrorism before and after 9/11, reminding us of Timothy McVeigh and the Oklahoma City bombing, teasing out McVeigh’s ties to other white nationalists.The attack on the US Capitol on 6 January this year is one more chapter in the story. Trump falsely claimed Antifa, leftwing radicals, were the real culprits. The roster of those under indictment reveals a very different story.In congressional testimony in April, Merrick Garland, the attorney general, and Alejandro Mayorkas, the homeland security secretary, described “racially or ethnically motivated violent extremists” as the greatest domestic threat. Garland also singled out “those who advocate for the superiority of the white race”.Chad Wolf, Trump’s acting homeland security chief, made a similar point last fall. Of course, his boss wasn’t listening.Ackerman delves meticulously into the blowback resulting from the war on terror. Unfortunately, he downplays how the grudges and enmities of the old country have been magnified by key social forces, immigration chief among them.Joe Biden, then vice-president, condemned the Boston Marathon bombers as “knock-off jihadists”. But Dzhokhar and Tamerlan Tsarnaev had received asylum. The immigrant population stands near a record high and the US fertility rate is in retrograde. On the right, that is a combustible combination. When Tucker Carlson is in Hungary, singing the praises of Viktor Orbán, the past is never too far away.In his effort to draw as straight a line as possible between the war on terror and the rise of Trump, Ackerman can overplay his hand. Racism, nativism and disdain for the other were not the sole drivers of Trump’s win, much as Islamophobia was not the sole cause of the Iraq war, a conflict Ackerman acknowledges he initially supported.Trump’s victory was also about an uneven economic recovery and, when it came to America’s wars, who did the fighting and dying. Overwhelmingly, it wasn’t the offspring of coastal elites. In 2016, there was a notable correlation between battlefield casualties and support for Trump.According to Douglas L Kriner of Boston University and Francis X Shen of the University of Minnesota, “Wisconsin, Pennsylvania and Michigan could very well have been winners for [Hillary] Clinton if their war casualties were lower.” Residents of red states are more than 20% more likely to join the military. Denizens of blue America punch way above their weight when it comes to going to college.Ackerman, a graduate of New York’s hyper-meritocratic Bronx High School of Science, bares his own class prejudices much in the way Clinton did at a notorious Wall Street fundraiser. Hillary dunked on the “Deplorables”. Ackerman goes after those he sees as socially undesirable.In his telling, Trump is “an amalgam of no less than four of the worst kinds of New Yorkers”. According to his taxonomy, those are “outer-borough whites”, wealth vampires, dignity-free media strivers and landlords.I Alone Can Fix It: Carol Leonnig and Philip Rucker on their Trump bestsellerRead moreThis year, many of those “outer-borough whites” voted for a Black candidate, Eric Adams, in the Democratic mayoral primary. Adams, Brooklyn’s borough president, is a former police captain.The real estate industry is a critical part of the city economy. Strivers have been here since the Dutch came onshore. As for “wealth vampires” – come on, really?The city’s economy reels. Murder is way up. Law and order matters. Ackerman’s disdain is misdirected.Nationally, the security state is not going to just disappear. But not all is gloom and doom. In a break with Obama and Trump, the Biden White House has pledged to no longer go gunning for reporters over leaks.The US is leaving Afghanistan. Unlike Trump, Biden was not dissuaded. And last Wednesday, the Senate foreign relations committee voted to end the 1991 and 2002 authorizations of use of military force in Iraq. Even the leviathan can budge.TopicsBooksSeptember 11 2001Donald TrumpTrump administrationUS politicsRepublicansDemocratsreviewsReuse this content More

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    NSA whistleblower who leaked Russian hacking report petitions for clemency

    Reality Winner was sentenced to five years in 2018 after leaking classified report about Russia’s interference in the 2016 election Supporters of Reality Winner, a National Security Agency whistleblower who leaked classified information about Russia’s interference in the 2016 presidential election, petitioned Donald Trump on Monday for her early release from prison. Alison Grinter, an […] More