Song Of The Day #169

Our Gospel tune today is The River of Jordan, recorded by the Louvin Brothers in 1958.

Obama administration: Toss wiretap lawsuit

Attorney General Eric Holder says a lawsuit in San Francisco over warrantless wiretapping threatens to expose ongoing intelligence work and must be thrown out. In making the argument, the Obama administration agreed with the Bush administration's position on the case but insists it came to the decision differently. A civil liberties group criticized the move Friday as a retreat from promises President Barack Obama made as a candidate. Holder's effort to stop the lawsuit marks the first time the administration has tried to invoke the state secrets privilege under a new policy it launched last month designed to make such a legal argument more difficult. Under the state secrets privilege, the government can have a lawsuit dismissed if hearing the case would jeopardize national security. The lawsuit was filed by a group of individuals who claimed the government illegally monitored their communications. To proceed with the case, Holder said, would expose intelligence sources and methods. Holder said U.S. District Judge Vaughn Walker, who is handling the case, was given a classified description of why the case must be dismissed so that the court can "conduct its own independent assessment of our claim."...read more

Loosening of F.B.I. Rules Stirs Privacy Concerns

The operation unfolded as the Bush administration was relaxing some domestic intelligence-gathering rules. The F.B.I.’s interpretation of those rules was recently made public when it released, in response to a Freedom of Information lawsuit, its “Domestic Investigations and Operations Guide.” The disclosure of the manual has opened the widest window yet onto how agents have been given greater power in the post-Sept. 11 era. In seeking the revised rules, the bureau said it needed greater flexibility to hunt for would-be terrorists inside the United States. But the manual’s details have alarmed privacy advocates. One section lays out a low threshold to start investigating a person or group as a potential security threat. Another allows agents to use ethnicity or religion as a factor — as long as it is not the only one — when selecting subjects for scrutiny. “It raises fundamental questions about whether a domestic intelligence agency can protect civil liberties if they feel they have a right to collect broad personal information about people they don’t even suspect of wrongdoing,” said Mike German, a former F.B.I. agent who now works for the American Civil Liberties Union. Agents may begin such assessments against a target without a particular factual justification. The basis for such an inquiry “cannot be arbitrary or groundless speculation,” the manual says, but the standard is “difficult to define.” Assessments permit agents to use potentially intrusive techniques, like sending confidential informants to infiltrate organizations and following and photographing targets in public...read more

Report: FBI not reviewing all of its evidence

The FBI is still not reviewing reams of evidence collected in counterterrorism cases, and has fewer translators than it did a few years ago, an internal government watchdog said Monday. Glenn Fine, the Justice Department's inspector general, issued a report Monday finding flaws in the FBI's translation and evidence review efforts. FBI officials responded by saying the inspector general overstated the problem by double-counting wiretap recordings that are shared with more than one bureau office. The 131-page report says that since 2003, the FBI has not reviewed about 47,000 hours of audio files in counterterrorism cases — the equivalent of a single recording running for five and a half years straight. The bureau says the real backlog is only about a tenth of that, or 4,770 hours — 200 days worth. In the most recent budget year, some 740 hours of recordings were not reviewed in the most important counterterrorism cases, the report said. FBI officials said the actual number is about 223 hours...read more

Probe of Homeland Security privacy office sought

Privacy advocates have asked lawmakers to investigate the Department of Homeland Security office in charge of protecting Americans' privacy, saying it has shown "an extraordinary disregard" for its duty. In a letter sent Friday to the House Homeland Security Committee, 21 organizations and seven people belonging to the Privacy Coalition say the department's chief privacy officer has seen its role as enabling, rather than curbing, government surveillance and intelligence programs. "The job of Chief Privacy Officer is not to provide public relations for the Department of Homeland Security," stated the coalition letter, whose signers included the American Civil Liberties Union, Gun Owners of America, former congressman Robert L. Barr Jr. (R-Ga.) and libertarians inspired by Rep. Ron Paul (R-Tex.), a former presidential candidate. The Electronic Privacy Information Center, a public interest group in Washington, organized the coalition...read more

NSA Supercenters to Store Americans' Private Data Permanently

The National Security Agency is building huge new storage facilities to store the unconstitutionally gained data on the American people's telephone calls and Internet traffic permanently, including new buildings in suburban Salt Lake City, Utah, and San Antonio, Texas. The NSA has been keeping permanent records of all American's telephone call habits and Internet traffic since shortly after September 11, 2001, according to major news reports, without the constitutionally required warrants from a court. No longer able to store all the intercepted phone calls and e-mail in its Ft. Meade, Maryland, headquarters, the NSA is engaging in its own housing boom. How much data will these giant, multibillion dollar new facilities hold? According to James Bamford of the New York Review of Books, the facility in Utah alone could hold data that will be measured in Yottabytes. Never heard of Yottabytes? You're not alone. Most computers sold at stores still measure their storage at gigabytes, or billions of bits of data. A few store a terrabyte of information, or one trillion bits of information. That's 1,000,000,000,000 pieces of information. Yottabytes is the highest number that has yet been named in computer information. The number is septillions of billions of bits of data, or 1,000,000,000,000,000,000,000,000 bits of data...read more

Obama Signs Hate-Crimes Bill Into Law; Critics Say It Circumvents Constitutional Safeguards Against Double Jeopardy

Today, President Obama signed into law a bill that will dramatically expand the federal hate crimes law, enabling prosecutors to bring federal charges against people who were previously found innocent of hate crimes in state court. The hate-crimes provisions were added to a defense appropriations bill, which the President signed in a White House signing ceremony this afternoon at around 2:30 p.m. The new law dramatically expands the reach of the existing federal hate-crimes law that was already on the books, by getting rid of the requirement that a hate crime affect federally-protected activities to be prosecuted in federal court. It also adds sexual orientation, gender, disability, and transgender characteristics to a law that was originally designed to protect racial minorities. The hate-crimes bill was opposed by the U.S. Commission on Civil Rights for allowing the reprosecution in federal court of people found innocent in state court. The Commission called the new law a “menace to civil liberties” because it is an end-run around constitutional guarantees against double jeopardy. As explained earlier, the bill’s sponsors seek to use it to reprosecute people in federal court who have already been found innocent of hate crimes in state court, taking advantage of the “dual sovereignty” loophole in constitutional protections against double jeopardy...read more

More public surveillance means less liberty

The use of public surveillance cameras to fight crime has been a heated topic for quite some time. The issue was reignited last August when the city of Denver used federal funds to purchase an additional fifty High Activity Location Observation (HALO) cameras from the original thirteen cameras at $25,000 a pop to fight crime. Increasing the number of surveillance cameras may create a marginally safer environment, but at a significant cost to civil liberty. The activities recorded by the cameras are used exclusively by public safety and law enforcement officials. Hard working Coloradans contributed their time and money in the form of tax dollars to make the camera installations possible. Therefore, it would only be fair for contributors to have the option of seeing what they paid for. But, that’s the not the view held by many government officials. The Revolutionary War was fought because Americans wanted to break away from a government that trampled civil liberties, not create one. Adding more HALO cameras will undoubtedly transform our nation into a much more regulated one. If we want to preserve what limited civil liberties we have left, the government should seriously consider thinking twice about installing additional cameras. Ensuring that HALO recordings are more readily available to the general public would also be a considerable step toward ensuring that public surveillance is being used only for legitimate public safety reasons, and the preservation of individual freedoms...read more

Prime Directives Versus Just Desserts

When government employees are accused of crimes, their first line of defense is secrecy. At the federal level, this often means using a “classified” stamp on potentially incriminating, or even embarrassing information. While lower levels of government can’t fall back on “national security — classified!” they often simply arrogate themselves the same power without naming it. For example, in the normal course of things, a police department will simply decline to divulge the name of a police officer accused of illegally shooting a suspect or bystander. And usually they’ll get away with it. The second line of defense is the doctrine of “sovereign immunity.” This is the notion that if someone is “just doing his job” for the government, he can’t be held accountable for the consequences. A related dodge — used to exempt FBI assassin Lon Horiuchi from prosecution for the murder of Vicki Weaver at Ruby Ridge — is the assertion that the Constitution’s “supremacy clause” (article Six, paragraph 2) exempts federal employees from state or local laws. It’s generally understood in the ranks of government that if stonewalling and falsifying the evidence doesn’t work, and that if “sovereign immunity” isn’t enough to get a government employee off the hook, he or she can expect executive clemency. This comes in two varieties: Commutations of sentence and full pardons. The gold standard is the full pardon — not only is the criminal’s sentence lifted, but his or her reputation is theoretically rehabilitated and his or her rights — including the “right” to head back to the taxpayer trough — are fully restored...read more

'Mammoth Takedown' of Violent Mexican Drug Gang

Just before dawn Wednesday, Drug Enforcement Administration agents launched a raid on suspected Mexican drug traffickers hiding out in a Los Angeles suburb. Moments later, the suspects were brought out in handcuffs, caught in what authorities say is the largest national dragnet against Mexican cartels, which have been expanding their reach across the United States. The California raid was one of dozens that took place over the past two days, targeting Mexico's La Familia cartel, an organization notorious for beheadings and its brazen attacks on authorities south of the border. La Familia also ships huge amounts of methamphetamines, marijuana and cocaine into the United States each year, the DEA says. The latest spree of arrests mainly occurred in California and along the southern U.S. border, but operations extended to nearly a dozen major U.S. cities. According to the DEA, La Familia has distribution cells in the suburbs of Los Angeles, Dallas, Houston, Atlanta, and North Carolina...read more

School suspends girl over empty gun shells

An 11-year-old Des Moines girl was at home on suspension Tuesday for bringing a handful of empty shotgun shells to school last week. Jazmine Martin, a sixth-grader at Brody Middle School, picked up the shells as souvenirs during a family trip to a ranch in South Dakota, where the rounds were fired as part of a show. They were blanks. "I didn't think they were going to hurt anyone," Jazmine said. "I wanted to show them to my science teacher because he's into stuff like this." Principal Randy Gordon said the shells were considered ammunition even though they were empty, and were therefore against school policy. A copy of the school policy shows that it specifically bans "live ammunition or bullets" but makes no reference to empty shells or casings...read more

Pa. Supreme Court Throws Out Thousands of Juvenile Delinquency Cases

The Pennsylvania Supreme Court ruled late Thursday that almost all juvenile delinquency cases heard by an indicted former judge must be thrown out. The ruling means cases heard by former Luzerne County Judge Mark Ciavarella from Jan. 1, 2003 to May 31, 2008 are in question for fairness and impartiality. Ciavarella faces criminal charges that accuse him of taking millions of dollars in kickbacks from owners of private detention centers in exchange for placing juvenile defendants at their facilities, often for minor crimes. The ruling is the latest stunning development in a story of corruption that first shocked Luzerne County residents in January 2009. Federal prosecutors announced that respected county judges Ciavarella and Michael Conahan had pleaded guilty to tax evasion and honest services fraud. However, their plea deal and relatively light sentence were later rejected by a federal judge who ruled that Ciavarella and Conahan had failed to accept responsibility for their crimes. In fact, Ciavarella had previously told "20/20" that "we would never agree that [the kids' sentencing] was improper." Now, the two former judges face much more serious federal racketeering, bribery, and extortion charges. All of this is the result of a lengthy investigation by the Internal Revenue Service and the FBI. Ciavarella and Conahan have pleaded not guilty...read more

In immigration war, environment is a neglected casualty

Keep in mind as you read this that Senator Bingaman (D-NM)has introduced S.1689 which would create 560 square miles of wilderness along our southern border. That's 560 square miles where the Border Patrol cannot enter with their vehicles or low flying aircraft. Use the link to read the entire article.

...Mr. Hawkes says dealing with those groups now takes up most of his time, and it only builds on top of the pile of other pressures — an army of illegal immigrants and drug smugglers, some of them armed, facing off against the U.S. Border Patrol — that have transformed his wildlife sanctuary into ground zero for the nation's immigration wars. Situated in the middle of southern Arizona, Buenos Aires is among the hardest-hit. But the same story is repeated across the U.S.-Mexico border on refuges, Indian reservations, national forests and the rest of the federal lands that make up 40 percent of the boundary between the two countries. The clear losers in the clash are the land, and the plants and animals that live on the edge in this beautiful but precarious environment — innocent bystanders caught up in an escalating, seemingly endless war between the immigrants, smugglers and the drug cartels and the authorities charged with catching them. An estimated 300,000 illegal immigrants traversed Buenos Aires' 118,000 acres in 2007, leaving tons of trash, rusting abandoned cars, biologically hazardous waste and vehicle tracks that reduced parts of the landscape to a dusty wasteland...The cartels' ability to adapt to the changing circumstances north of the border is remarkable. One innovation was to post spotters inside the U.S., oftentimes on federal lands, to keep track of Border Patrol and other law enforcement movements. The one-man rock nest on a ridgeline overlooking Interstate 8 at Milemarker 141 is typical. The spot is well-camouflaged and if it weren't for the pile of empty Bud Light cans and water bottles with Spanish labels, almost impossible to spot unless you knew exactly where to look. The smuggling cartels have thousands of these lookouts stations across southern Arizona, manned by low-level employees or people who owe a debt to the cartel. "They're everywhere. On the smuggling corridors, most of the high points that give a good perspective of the smuggling routes or trails, there are lookouts in those areas," said Patrick Brasington, the chief law enforcement officer for the Bureau of Land Management's Phoenix office, which oversees the land near Milemarker 141...In Ironwood Forest National Monument, haulers used to collect 40,000 to 50,000 pounds of trash a year. But in the fiscal year that just ended that dropped to 30,000 pounds — parts of the monument are just too dangerous for contractors to pick up the trash...Mr. Hawkes said two state game wardens were shot at on his wildlife refuge last year, and law enforcement reports over the years detail other dangerous run-ins, including the death of Park Service Ranger Kris Eggle, gunned down on Organ Pipe Cactus National Monument in 2002 by a drug cartel hit man fleeing Mexico. It has gotten so bad that agencies require employees here to take special training, and have issued special rules on how to operate. The U.S. Forest Service warns managers not to send employees out on nighttime assignments, while the Fish and Wildlife Service said a law enforcement escort is required for employees working at night. Despite those rules, hunters, campers, hikers and tourists enjoying the public lands don't see those same warnings. Instead, the most common alert they see is a road sign such as the one near Ironwood Forest National Monument that reads: "Travel caution: smuggling and illegal immigration may be encountered in this area."...But a department employee did collect partial data up until he retired in late 2008. According to his figures, more than 99 percent of all marijuana seized on or near department lands over the last three years was seized along the border. The borderlands also accounted for more than 90 percent of the cocaine and more than 90 percent of vehicles seized and stolen vehicles recovered on Interior Department lands. The border region accounted for about a quarter of the threats or violent incidents recorded in all the country's national parks, wildlife refuges, BLM land and Indian reservations, even though the borderlands account for a minuscule fraction of total department lands...read more

Exaggerated claims undermine drive to cut emissions, scientists warn

Exaggerated and inaccurate claims about the threat from global warming risk undermining efforts to cut greenhouse gas emissions and contain climate change, senior scientists have told The Times. Environmental lobbyists, politicians, researchers and journalists who distort climate science to support an agenda erode public understanding and play into the hands of sceptics, according to experts including a former government chief scientist. Excessive statements about the decline of Arctic sea ice, severe weather events and the probability of extreme warming in the next century detract from the credibility of robust findings about climate change, they said. Such claims can easily be rebutted by critics of global warming science to cast doubt on the whole field. They also confuse the public about what has been established as fact, and what is conjecture...read more

Democrats have a cow over testimony on global warming topic‏

The Democratic majority objected to my appearing at a House hearing on Thursday morning addressing AstroTurfing in the global-warming-advocacy industry. The majority were not amused by the prospect of a discordant note being struck. As such, the Republicans will have no witnesses. They have agreed to this after being challenged. In Washington, times such as these are called "weekdays." The hearing actually has devolved into something of an effort to rehabilitate certain Members who are now imperiled by their vote for the Waxman-Markey cap-and-trade bill, particularly Tom Periello of Central Virginia (my Congressman, who has been hoodwinked by someone into stating, in defense of his vote, that the reason we are losing jobs to India and China is because they’ve already passed Waxman-Markey-type laws. Really. I agree we need to find out who is spreading such scurrilous tales to our lawmakers). Anyhow, it seems that pointing out how, where, and by whom this practice of deceitful industry lobbying in the “global warming” context was invented and is now used, and employing inconvenient words like “Axelrod” and “Enron” was deemed non-germane. The hearing will go on with no need to sully things by allowing you to hear the following. I believe that the Republicans will seek to introduce my written statement into the record. In the event that lightning strikes twice and the grave offense of introducing contrary thought in the form of my written, substantiated testimony is also objected to by the majority, here’s my slightly shorter oral testimony that would have been delivered...read more

EPA Crafting Multiple Air Pollutant Strategy

U.S. EPA is working on a new strategy aimed at providing a clearer road map for industrial investment in air pollution controls, the agency's top air official said yesterday. EPA's air chief, Gina McCarthy, said she wants to implement a more industry-friendly approach to rulemaking that will allow companies to invest in controls that curb multiple pollutants at once rather than using a more expensive piecemeal strategy. The agency is poised to issue a slew of new air pollution rules -- some are Bush-era rules that were tossed out in courts; others are new climate initiatives that the Obama administration has taken on. And McCarthy wants to coordinate those rules under what she calls a "multipollutant" or "sector-based" strategy...read more

$2.2 Billion Allotted for Clean Energy Bonds

The Treasury Department announced on Tuesday the allocation of $2.2 billion in clean renewable energy bonds to 805 public power companies and cooperatives nationwide. The program will help energy developers access lower cost credit and encourage clean renewable energy production, Neal Wolin, a Treasury deputy secretary said in a news release. The department sorted through more than 1,000 applications from companies and cooperatives clamoring to get what is essentially a highly subsidized loan. Because the bonds are tax credit bonds, the companies do not pay full interest on them. Instead, the federal government provides the bondholder with a tax credit that covers 70 percent of the interest earned...read more

Subsidy after subsidy after subsidy.

Report: U.S. water use down

The nation is using less water now than it did in 1975 and 1980, when water use peaked. That figure is based on the U.S. Geological Survey's estimate for U.S. water use in 2005, and the drop comes despite a 30 percent increase in population in the past 25 years. "The declines are attributed to the increased use of more efficient irrigation systems and alternative technologies at power plants," the U.S. Department of Interior said today. In 2005, Americans used 410 billion gallons of water a day, less than in 2000, the report says. And almost half of that water was used for energy production at coal and other power plants...read more

Left high and dry in the Klamath Basin?

The Klamath Basin Restoration Agreement has been much celebrated as the solution to decades of conflict over Klamath Basin water. Surely no one can object when competing interests, stakeholders we now call them, reach agreement. Well, at least a few people do object, and for good reason. Roger Nicholson and his neighbors have vested water rights the agreement will likely obliterate, yet they were excluded from the negotiations. Even if he had been allowed to participate, Nicholson would have been a mere stakeholder with rights no better than the guy from Portland who just doesn't like alfalfa where native grasses once grew. Nicholson's family settled in the Klamath Basin in 1891 and acquired water rights under Oregon law. If water rights were cards in a deck, he'd be holding kings, if not aces. Under Oregon law, when water is short, senior rights owners have priority over juniors. But notwithstanding his high cards, Nicholson is at risk of losing everything. He estimates that he and his neighbors have wagered more than a million dollars on litigation, yet now they could be put out of business. Without water, they are doomed. In poker parlance, they are "all in." They had no other choice...read more

PETA protests Oregon wildlife park's car-washing elephants - video

The car-washing elephants at an Oregon wildlife park don't really get your car very clean -- but that's not the reason PETA wants the park to stop using them. Wildlife Safari's website jokes that the spring and summer attraction, at which the park's African elephants "wash" the cars of visitors under the supervision of trainers, is "guaranteed not to get your car clean!" The animal rights group wrote a letter Oct. 22 that called the elephant carwash "a gimmick that does nothing to foster respect for endangered species," according to the Associated Press. The group is particularly concerned with the elephant training tool known as a bullhook, or ankus, which is a metal rod with a hook at one end. In an interview with Roseburg's News-Review newspaper, the park's general curator, Dan Brands, said the trainers use the bullhooks only as guides. And the car washing, he says, is a modification of a behavior the elephants do naturally and have been trained to do using positive reinforcement with carrots or yams. "These are 2-ton animals," Brands said. "You can't force them to do anything they wouldn't want to do."...read more