Tuesday, May 23, 2006

The Republican Criminal State

When a government invokes 'state secrets' priviledge to thwart justice, it is a criminal regime.
Main Entry: police state
Function: noun
: a political unit characterized by repressive governmental control of political, economic, and social life usually by an arbitrary exercise of power by police and especially secret police in place of regular operation of administrative and judicial organs of the government according to publicly known legal procedures

For at least the fifth time in the past year, the Justice Department yesterday invoked the once rarely cited state secrets privilege to argue that a lawsuit alleging government wrongdoing should be dismissed without an airing, this time in the case of a German citizen seeking an apology and monetary compensation for having been wrongfully imprisoned by the CIA.

Assistant U.S. Attorney R. Joseph Sher said yesterday in the U.S. District Court for the Eastern District of Virginia that the government cannot confirm or deny the allegations made by Khaled al-Masri, who sources have said was held by the CIA for five months in Afghanistan. His allegations, Sher contended, "clearly involve clandestine activity abroad." Therefore, he said, "there is no way that the case can go forward without causing the damage to the national security."...

...The state secrets privilege was invoked about 55 times from 1954 to 2001, according to the Reporters Committee for Freedom of the Press, and in the first four years after the Sept. 11, 2001, attacks, it was invoked 23 times. ... (full article)

US FCC chief says won't probe NSA call program
Tue May 23, 2006 1:52 PM ET
By Jeremy Pelofsky

WASHINGTON, May 23 (Reuters) - The U.S. Federal Communications Commission will not pursue complaints about a spy agency's access to millions of telephone records because it cannot obtain classified material, the FCC's chairman said in a letter released on Tuesday. ...

..."The classified nature of the NSA's activities makes us unable to investigate the alleged violations," FCC Chairman Kevin Martin said in the May 22 letter...

...Martin, a Republican designated chairman last year, worked at the White House and for President George W. Bush's 2000 presidential campaign before joining the FCC in 2001 as a commissioner. ...(full article)

The Snooping Goes Beyond Phone Calls
How the government sidesteps the Privacy Act by purchasing commercial data

Furor and confusion over allegations that major phone companies have surrendered customer calling records to the National Security Agency continue to roil Washington. But if AT&T Inc. (T ) and possibly others have turned over records to the NSA, the phone giants represent only one of many commercial sources of personal data that the government seeks to "mine" for evidence of terrorist plots and other threats.

The Departments of Justice, State, and Homeland Security spend millions annually to buy commercial databases that track Americans' finances, phone numbers, and biographical information, according to a report last month by the U.S. Government Accountability Office, the investigative arm of Congress. Often, the agencies and their contractors don't ensure the data's accuracy, the GAO found.

Buying commercially collected data allows the government to dodge certain privacy rules. The Privacy Act of 1974 restricts how federal agencies may use such information and requires disclosure of what the government is doing with it. But the law applies only when the government is doing the data collecting.

The Justice Dept. alone, which includes the FBI, spent $19 million in fiscal 2005 to obtain commercially gathered names, addresses, phone numbers, and other data, according to the GAO. ...(full article)

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