National Security

Justice Department: Secretary Clinton had authority to delete personal emails

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The editors of the New York Times, who have long engaged in the Clinton Rules of  “scandal” mongering reporting, somehow missed this highly relevant piece of information to report this week. The Times was more interested in exacting an act of contrition and apology from Hillary Clinton. Hillary Clinton’s Long Road to ‘Sorry’ Over Email Use.

Ruby Cramer at BuzzFeed News reports, Justice Department Lawyers: Clinton Had Authority To Delete Personal Emails:

Hillary-Clinton-textingIn a little noticed brief, filed on Wednesday to a federal court, Department of Justice lawyers outlined a comprehensive defense of the contentious decision by Hillary Clinton to wipe the private email server she used as secretary of state: The attorneys assert that, regardless of whether she used a personal or government account, Clinton was within her legal right to handpick the emails that qualified as federal records — and to delete the ones she deemed personal.

“There is no question that former Secretary Clinton had authority to delete personal emails without agency supervision — she appropriately could have done so even if she were working on a government server,” write the Justice Department attorneys, representing the State Department in the brief.

The lawyers add that under policies issued by the State Department and by NARA, the National Archives and Records Administration, government employees “are permitted and expected to exercise judgment to determine what constitutes a federal record.”

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J Street: Listen to the the military and security experts here and in Israel who support the P5+1 world powers nuclear agreement with Iran

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J Street President Jeremy Ben-Ami has an op-ed for the Washington Post’s The Outrage Machine column today, Opinion: The pro-Israel position is supporting the Iran nuclear deal:

Iran-nuclear-deal-1024x576In the two weeks since the Iranian nuclear agreement was reached, more attention has been focused on the politics surrounding the deal than on the merits of the agreement itself.

Much of the spotlight has been on the strong — even frantic — opposition of Israeli Prime Minister Benjamin Netanyahu, who said the agreement marked “one of the darkest days in human history.”

The rush of Israeli politicians — and American-Jewish organizations to line up behind him — obscures the fact that a growing number of highly-respected Israeli voices and the majority of Jewish-Americans actually support the Iran deal.

In fact, in recent days, people like former Mossad Chief Efraim Halevy and former Shin Bet director Ami Ayalon have stepped forward to differ with the prime minister. That’s no easy task in the heated political environment of Israel. Netanyahu has been issuing dire warnings evoking the threat of a second Holocaust for years. Anyone who contradicts him risks being labeled as “weak on security.”

Perhaps, this explains why distinguished former top officials of the Israeli security services — whose service, knowledge and experience are unquestionable, have been the first to step forward in favor of the agreement. Their credentials also make their voices exceptionally important to this debate.

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The Senate rejects the Turtle Man’s amendments to USA Freedom Act in stunning defeat

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Screenshot from 2015-01-25 15:31:49When I last checked in on the Septuagenarian Ninja Turtle, Mitch McConnell, he was busy manufacturing a “crisis” to create leverage for himself and the Neocon “security state” Republicans in the Senate who want to continue the bulk collection of telephone data, despite the Second Circuit Court of Appeals having already ruled that it is illegal and is not authorized by Section 215 of the USA Patriot Act. Second Circuit rules NSA bulk collection of phone records is illegal.

Things did not go well for the Turtle Man. He lost a series of votes, and would up recessing the Senate for a Memorial Day recess to “think about” what they had done for a week. Senate to Try Again After Bill on N.S.A. Collection of Phone Records Is Blocked. The Turtle Man scheduled a special Sunday session just as the sunset provision of the USA Patriot Act would expire at midnight to try to maintain his leverage.

Senators used their week off to think about it, and to think about it, until their thinkers were broken, and then they did pretty much the same thing on Sunday. Senators voted 77 to 17 on Sunday to take up the House bill, the USA Freedom Act, but only because the Turtle Man would allow amendments from the Neocon “security state” Republicans in the Senate, but no others, in a procedural move called “filling the tree.”

Senator Aqua Buddha, Rand Paul (R-KY) exercised his prerogative to not agree to the amendments and to force the senate waiting period for debate of amendments, thus causing three provisions of the USA Patriot Act to expire at midnight on Sunday (not really, the NSA is relying on “grandfather”  provisions of the act to continue spying). Key Parts of Patriot Act Expire Temporarily as Senate Moves Toward Limits on Spying. The Turtle Man staged an epic gamble over U.S. spying powers — and lost. McConnell’s NSA gambit fails.

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House overwhelmingly passes USA Freedom Act, Senate GOP opposed

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The House by a 338-88 vote overwhelmingly approved the USA Freedom Act, which would prevent the NSA from collecting metadata about the phone numbers people dial and when their calls are placed. The bill faces opposition from GOP leaders in the Senate.

The Hill reports, House backs NSA reform, 338-88:

NSA-SpyingForty-seven Republicans and 41 Democrats opposed the bill. [Roll call not yet posted.]

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The politics surrounding the NSA’s surveillance programs are scrambled, and the Senate has just two weeks before the existing law authorizing the NSA’s metadata collection expires.

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While the White House backs the USA Freedom Act, Senate Majority Leader Mitch McConnell (R-Ky.) has led opposition to it in the upper chamber and supports extending Section 215 of the Patriot Act, which authorizes the collection of metadata, without reforms. [The Second Circuit Court of Appeals last week ruled that Section 215 of the USA Patriot Act does not authorize metadata collection.]

McConnell’s allies include Sen. Marco Rubio (R-Fla.), the White House hopeful.

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The Turtle caves on DHS funding – but can the TanMan deliver?

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Screenshot from 2015-01-25 15:31:49The boxed in Septuagenarian Ninja Turtle, Mitch McConnell, who promised upon become Senate Majority Leader that there would be no government shutdowns on his watch, is preparing to throw the Tea Party Caucus in the TanMan’s House under the bus.

The Turtle will bifurcate the Department of Homeland Security (DHS) funding bill that the Tan Man sent him into two separate bills — a “clean” DHS funding bill, which will pass, and a purely symbolic bill to let the GOP vent about the imperialist law breaking tyrant in the White House who does not share their unhinged hatred for people breathing while brown. Democrats will filibuster this bill, which would be vetoed by Obama in any event. It is purely theater for the conservative media entertainment complex, and for fundraising letter to the crazy base back home.

The question remains, can the TanMan, Weeper of the House John Boehner, herd the cats in his Tea Party Caucus and pass the “clean” DHS funding bill in the House after giving up their hostage demands? The smart money is on “HELL No he can’t!”

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