Archive for May 26, 2017

Leakers and Journalists Are Destroying Our Republic

May 26, 2017

Leakers and Journalists Are Destroying Our Republic, PJ MediaRoger L. Simon, May 25, 2017

(Please see also, Alan Dershowitz: Civil Liberties Threatened With Kushner Probe. Is there a “probe,” if so, what is it about and is Kushner a target? –DM)

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Points of focus that pertain to Kushner include: the Trump campaign’s 2016 data analytics operation; his relationship with former national security adviser Michael Flynn; and Kushner’s own contacts with Russians, according to US officials [ i. e. leakers] briefed on the probe.
There is no indication Kushner is currently a target of the probe and there are no allegations he committed any wrongdoing. [bolds mine]

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Leakers and journalists are tied together like drug dealers and junkies.

Unfair analogy?  Maybe a bit, but people who live “respectable middle-class lives” can be just as dangerous, more dangerous, ultimately, than the murderous El Chapos of the world and that’s pretty bad. Only the other day some U.S. intel people or person leaked to the New York Times about the Manchester terrorist, causing news to be reported that could have instigated more Islamist child murders.

We have an epidemic of leaking in our society unlike anything I have seen in my lifetime. It’s approaching Plague level — but with no vaccine in sight.

The latest, at this typing, is that Jared Kushner is under investigation by the FBI.  Here’s the headline at CNN of an article signed by no less than four authors (it takes a village) –Evan Perez, Pamela Brown, Shimon Prokupecz and Gloria Borger: “FBI Russia investigation looking at Kushner role.”

Uh-oh.

Who leaked that and what did they tell them about the president’s son-in-law? Has Jared been selling us out to Putin?  It certainly sounds that way.

Well, not really. Look no further than the second and third paragraph and you discover:

Points of focus that pertain to Kushner include: the Trump campaign’s 2016 data analytics operation; his relationship with former national security adviser Michael Flynn; and Kushner’s own contacts with Russians, according to US officials [ i. e. leakers] briefed on the probe.

There is no indication Kushner is currently a target of the probe and there are no allegations he committed any wrongdoing. [bolds mine]

In other words, there’s no there there other than leaks that continue to pour out, even after the installation of the supposedly confidential investigation by Special Counsel Mueller. How repellent and, frankly, illegal is that? Has Mueller launched a leak probe of his own? He should.

For its part, CNN (as a kind of low-rent, ineffectual  Pravda)  is just cooperating in a smear job that was apparently instigated by their colleagues at frequent leak conduit NBC.  They are joined by The Hill, which, almost simultaneously, tweeted: “Jared under FBI scrutiny in Trump-Russia investigation: report.”  Note the weasel word —  report.

How would you describe these denizens of the Fourth Estate capable of this sort of sleazy behavior? ” Schmucks with Underwoods,” as was said of screenwriters in the old days of Warner Brothers? In this case, of course, the schmucks have laptops. (In those old Warner days, writers like Faulkner and Fitzgerald populated the studios.  Haven’t seen anywhere near that level of talent at  The Hill and CNN or anywhere in our media of late. But perhaps I missed something.)

So these great literary geniuses — the scions of Woodward and Bernstein (aka people who can pick up the phone) — and the leakers have a co-dependent relationship, both convincing themselves that what they are doing is for the betterment of humanity. (That’s what Hans Vaihinger called the Philosophy of As If.)  Of course, the leakers, assuming they are from our intelligence agencies, have all signed contracts swearing up and down  not to do the very thing they have done, in some cases, in all probability, multiple times. Moreover — in their putative attempt to “save the republic” (or their own jobs or get vengeance) — we have no idea whether they are telling the truth, a half-truth or no truth at all about what they are leaking. Or whether the journalists are reporting those leaks with even a modicum of accuracy.  That’s how thoroughly these symbiotic morally narcissistic partners believe in their own “goodness” and how little they really care about what the American people think or do.

So what do we do about this state of affairs in a democratic republic, assuming we are serious about having one?

Quite simply, the leakers need to go to jail with the proverbial key thrown away.  That is the only way this leaking will stop and it must stop. Prosecutions should have started months ago.  It’s hard to understand why it’s taken so long. Let’s hope we have indictments soon.  Like tomorrow.

Regarding journalists, they need an entirely new code of ethics. Unfortunately, any reader of Evelyn Waugh (not to mention anybody with a pulse) knows just how unlikely that is. It’s high time for the consumers of news to fight back tooth and nail. Anytime we see or hear the term “anonymous source” or someone “authorized to speak” only confidentially, something so common now there’s almost no reporting without it, often six or seven instances within one article or broadcast, we should simply turn off the television or throw the newspaper into the garbage, never to buy another copy.  If you’re reading it on the Internet, just click off.  You could say that’s propaganda, not journalism.  But it’s not even good propaganda.  It’s junk, information pollution, worse than 1970s smog. It also lowers your IQ five points every time you’re exposed.  You don’t need it.

And if you ever see or hear the word “Russia” again,  feel free to run screaming from the room like the subject in an Edvard Munch painting.<

Alan Dershowitz: Civil Liberties Threatened With Kushner Probe

May 26, 2017

Alan Dershowitz: Civil Liberties Threatened With Kushner Probe, Newsmax, Todd Beamon, May 25, 2017

Jared Kushner (AP)

Harvard Law School professor emeritus Alan Dershowitz said Thursday that reports that White House senior adviser Jared Kushner was under FBI scrutiny on Russia pointed to an inquiry that was “being done backwards” and “raises great concerns about civil liberties.”

“Usually, you can point to a statute and say, ‘We’re investigating crime under this statute,'” Dershowitz told Anderson Cooper on CNN before referencing special prosecutor Robert Mueller.

“What Mueller seems to be doing is saying: ‘We don’t like what happened. Maybe there was some collaboration. But I can’t figure out what statute was being violated.’

“When Hillary Clinton was being investigated, at least we knew what the statute was.”

The Washington Post and NBC News reported on Thursday that the FBI was investigating Kushner’s meetings last year with Russian Ambassador Sergey Kislyak and a banker from Moscow.

Jamie Gorelick, Kushner’s lawyer, said that her client would cooperate with the probe.

“Mr. Kushner previously volunteered with Congress what he knows about these meetings,” she said in a statement. “He will do the same if he is contacted in connection with any other inquiry.”

Dershowitz had some advice for Gorelick, whom he said was a former student.

“I would say, first to the investigators: ‘Before you talk to my client, I want to know what your authority is. What your jurisdiction is.'”

Lacking that foundation, Dershowitz likened the Kushner inquiry to the words of Joseph Stalin’s secret police chief, Lavrentiy Beria: “Show me the man and I’ll find you the crime.”

“I don’t like criminal investigations to start on hoping that once you have the target, maybe we’ll find the crime, maybe we’ll find the statute – and if we can’t find the statute, we’ll stretch the statute to fit the person.

“I don’t want to ever see that come to America.”

Gunmen kill 26 Christians on road to Egyptian monastery

May 26, 2017

Source: Israel Hayom | Gunmen kill 26 Christians on road to Egyptian monastery

Between eight and 10 masked terrorists dressed in military uniforms attack a group of Coptic Christians traveling to St. Samuel Monastery in Minya, south of Cairo • Two dozen people wounded • There was no immediate claim of responsibility for the attack.

Reuters and Israel Hayom Staff
Blood-stained pews inside St. George Church in Tanta, Egypt, following an Islamic State attack in AprilPhoto credit: AP

Report: Obama Administration Carried Out Massive and Unconstitutional Surveillance Programs

May 26, 2017

Report: Obama Administration Carried Out Massive and Unconstitutional Surveillance Programs, Jonathan Turley’s Blog, Jonathan Turley, May 26, 2017

(Be patient. The media will cover the FISA report fully and fairly after the source of President Trump’s mother’s recipe for Borscht is discovered, documented and fully analyzed. Did Putin give it to her and is his devotion to the Trump family at the root of Hillary’s defeat? Clearly, that is far more important than mere unconstitutional spying on American citizens by the Obama administration.  — DM)

By any measure, this story deserves the attention of the national media and Congress.  However, it is being buried in the crush of controversies related to the Russian investigation, embarrassing leaks, and other items. The media is correct in pursuing these legitimate stories but it should also give attention to this chilling report. There was equally limited coverage of the expansion of surveillance authority in the final days of the Obama Administration.  Privacy advocates have serious concerns about these privacy stories being pushed from public review.

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With the steady stream of controversies swirling around the White House, there has been little attention given a highly disturbing report that the Obama Administration engaged in previously undisclosed and violations of the Fourth Amendment.  Just a few days from the 2016 election, the Foreign Intelligence Surveillance Court (FISA) reportedly raised a highly unusual alarm over the creation of “a very serious Fourth Amendment issue” by possibly unconstitutional surveillance conducted under President Barack Obama.  If true, this should be given equal attention to the other stories crowding our front pages and cable coverage.  The Obama Administration has a well-documented history of abuse of surveillance and stands as one of the most antagonistic administrations toward privacy in our history.  Indeed, if true, many of the former Obama officials currently testifying against the Trump Administration were responsible for a far broader scope of abusive surveillance programs.

Recently disclosed top-secret documents from the FISA court suggest that the government admitted that the NSA was regularly violating surveillance rules. Not that these violations were occurring after the unconstitutional surveillance programs revealed by Wikileaks and Snowdon were curtailed.  It also would have occurred after the disclosure that the Obama Administration put journalists under surveillance.

The FISA indicate that the government informed the court that NSA analysts had been violating rules, established in 2011, that protect the privacy of citizens on the Internet.  Once again, the NSA claimed new “inadvertent compliance lapses.”  The Court noted in its dealings with the NSA a certain “lack of candor” in its disclosures to the FISA court.

It is very rare for the FISA court to make such statements.  (For full disclosure, I had occasion to go to the FISA court when I was an intern with the NSA and later became a critic of the court).  The standards for FISA are so low and easily satisfied (with little judicial review) that it is difficult to establish any illegality under the law.

Passed in 1978 as a compromise with the Nixon Administration, FISA allows for “foreign intelligence” surveillance and was designed to evade the fourth amendment protections governing the use of warrants.  FISA surveillance is permitted based on a finding of probable cause that the surveillance target is a foreign power or an agent of a foreign power. That is manifestly different from probable cause to believe someone has committed a crime.   It is true that, if the target is a “U.S. person,” there must be probable cause to believe that the U.S. person’s activities may involve espionage or other similar conduct in violation of the criminal statutes of the United States.  However, citizens can be collateral to the primary target under FISA. In 1994 Congress extended FISA further to allow for covert physical entries in connection with “security” investigations, and then in 1998, it was amended to permit pen/trap orders. It has been used to gather business records.

By any measure, this story deserves the attention of the national media and Congress.  However, it is being buried in the crush of controversies related to the Russian investigation, embarrassing leaks, and other items. The media is correct in pursuing these legitimate stories but it should also give attention to this chilling report. There was equally limited coverage of the expansion of surveillance authority in the final days of the Obama Administration.  Privacy advocates have serious concerns about these privacy stories being pushed from public review.