Philly Fusion Center’s Reckless Disregard for Privacy Must Be Held to Account

The Declaration has uncovered troubling revelations regarding law enforcement operations at Philadelphia’s Delaware Valley Intelligence Center (DVIC), which include the fact that the DVIC, an “all crimes, all hazards” fusion center that assists law enforcement agencies in four states, appears to operate without any privacy policy in place, while its privacy officer position has been vacant since 2010.

In a related development, before the fusion center officially opened, the Philadelphia Police Department operated what one private contractor and a Senate subcommittee labeled a “DVIC Cell”. This unit’s existence indicates probable Constitutional violations dating as far back as 2009, as there doesn’t appear to be any indication of privacy or civil liberties protections attached to the “cell’s” operations.

If the Policy Exists, We Won’t Show it to You

Our research into the South Philly fusion center began in the summer of 2012. At that time the only readily discoverable item of any official nature was a brochure made by architect LR Kimball. Formal inquiries, which began in January of 2013, followed by multiple editorial admonitions published on our website and repeated communication with officials both on and off the record over a 10-month period, have not yielded any official policies. Local police officials have been unwilling – or unable – to produce any documents. They have on numerous occasions tried to assure us that a policy exists.

The Declaration also contacted the Department of Homeland Security’s Civil Liberties office, who upon first contact told the Declaration they would quickly locate the document. Our inquiry is now frozen after being passed to the Fusion Center Training Coordinator Ada Albright, whose final communication with us was a deferral to a telephone number which the Declaration has called countless times.

The officer or employee who answered the phone and confirmed that he was indeed at the DVIC told us that he knew Director Walt Smith already had our request, and that “he’d be best to deal with it.” The stonewall continues.

Additionally, a thorough online search for a DVIC policy will lead you to the National Fusion Center Association website and their list of member facility’s privacy policies. The “Delaware Valley Fusion Center” is on the page, with no link to a policy. A very important note sits at the bottom of that page:

FY 2010 DHS grant funds may not be used to support fusion center-related initiatives unless the fusion center is able to certify that privacy and civil rights/civil liberties (CR/CL) protections are in place that are determined to be at least as comprehensive as the ISE Privacy Guidelines by the ISE Privacy Guidelines Committee (PGC) within 6 months of the award date on this FY 2010 award. If these protections have not been submitted for review and on file with the ISE PGC, DHS grants funds may only be leveraged to support the development and/or completion of the fusion center’s privacy protections requirements.

A list of privacy policies on the NFCA website shows the DVIC among center missing a link to a document
A list of privacy policies on the NFCA website shows the DVIC, among a number of other fusion centers, missing a link to a document.

SEPTA police chief Thomas Nestel III, the DVIC’s privacy officer until July of 2010, told The Declaration that he resigned because he could not perform the on-site, full time duties he felt the position required. He believes he had “seen the final draft approved by the Department of Homeland Security.”

Furthermore, in an emailed statement given to us this morning, Nestel says that he “assisted in the creation of the privacy policy and it does exist. Since I no longer hold a position with the DVIC, I am reluctant to release the policy without [Philadelphia Police Inspector Walt Smith’s] permission.”*

Another law enforcement official, on condition of anonymity, also confirms that the DVIC has yet to hire a privacy officer, and describes the facility as not yet fully operational – despite a much-publicized opening on June 28th of this year – in part because the DVIC plans to hire “civilian intelligence analysts.”

These revelations cast strong doubt on the legality of the DVIC’s operations, as fusion centers across the country must adhere to basic standards – outlined in the Department of Homeland Security’s Fusion Center Guidelines as well as the agency’s Baseline Capabilities supplement – standards that include civil liberty and privacy protections. These standards must be implemented in order to receive federal funding.

Privacy guidelines, which the Department of Homeland Security provides a template for on its website and which other fusion centers across the country have in place, establish protocols for the types of intelligence DVIC analysts gather, as well as how that information can be used or disseminated to federal, state, and local law enforcement agencies throughout the four-state region.

Pre-Crime, Suspicious Activity Reporting, and No Privacy: A Troubling Mix

One facet of a fusion center’s day-to-day operations involves either civilian or privatized intelligence analysts examining “suspicious activity reports” filed by law enforcement. These analysts then create threat assessments based on these reports and will often upload them to a federal database, such as the FBI’s e-Guardian system. These assessments are accessible to other local, state, and federal agencies too, as part of a networked law enforcement ecosystem.

During last month’s International Association of Chiefs of Police conference in Philadelphia, The Declaration had the opportunity to attend a presentation on the controversial Nationwide Suspicious Activity Reporting Initiative, often known as “See Something, Say Something.”

David Sobzyk, the scheduled speaker, asserted almost immediately after beginning the presentation that the Nationwide SAR Initiative (NSI) contains built-in privacy and civil liberties protections, yet in the same breath notes that the NSI has 16 behaviors which authorities claim are “indicative of terrorist activity”. In other words, “pre-crime” behavior that could deem an individual or group of people eligible for increased scrutiny by authorities. Other revealing statistics cited by Sobzyk include the fact that 57% of fusion center directors have less than one year of experience; over 85,000 emergency personnel ranging from police officers to 9-1-1 operators and EMS workers have taken SAR training; and a standard SAR training for emergency personnel only consists of a one hour course.

It’s no surprise, then, that a recent ACLU document dump of a Los Angeles fusion center’s suspicious activity reporting made quite a stir among civil libertarians and the press – and this particular center has a published and publicly available privacy policy.

The Declaration submitted a Right-to-Know request in September with the police department for DVIC suspicious activity reporting, which was then rejected. We have since refiled, will appeal if denied again, and are prepared to litigate if necessary.

The potential for operational abuse at the DVIC, then, only increases the need for Constitutional protections that will only come with increased oversight by lawmakers and public scrutiny.

The DVIC’s Troubled Birth

As previously reported, the DVIC received intense criticism from a bi-partisan Senate subcommittee in October of 2012. Their findings indicated (Page 72) that federal grant money was likely being misappropriated by Southeastern Pennsylvania Regional Task Force (SEPA-RTF) officials. SEPA-RTF is multi-county task force that obtained grant funds for a regional intelligence center through the FEMA Homeland Security Grant Program in 2006, and with a consortium of private contractors named the System of Systems Security Consortium (SOSSEC, Inc), was tasked with developing and making the fusion center operational while adhering to federal grant regulations.

According to the subcommittee’s conclusions, the Pennsylvania Emergency Management Agency (PEMA) cut off federal grant money to SEPA-RTF and DVIC development in 2011, because PEMA became aware of plans to illegally use those funds for construction of a Philadelphia Police Department Real Time Crime center at the site of what would become the fusion center. The Senate subcommittee report notes that any planned use of Homeland Security grant money for building construction is prohibited by federal law.

Another curious thread contained in the Senate report, and one which may be another reason PEMA felt it necessary to pull funding in 2011: the existence of a fusion center, listed on the DHS website, that in reality “didn’t exist” according to FEMA testimony before the Senate subcommittee.

The contracting agent tasked with planning and developing the DVIC from 2009 until December of 2011, SOSSEC, Inc., also assisted in the creation of a “DVIC Cell”, a precursor to the current facility.

SOSSEC Vice President Eugene Del Coco, in a lengthy interview with The Declaration this week, revealed the existence of this offsite “microcosm” fusion center launched on July 15th, 2011. Because the DVIC project was experimental, in that it brought together resources and contacts from every jurisdictional tier within a large geographic area, Del Coco says DVIC planners thought it beneficial to establish a prototype operation where a minimal staff could familiarize themselves with the concept of an intelligence center, and gain practical experience and insight into technology and information sharing practices. This offsite center was relocated to the DVIC facility in December, according to a schedule we obtained, and is quite likely one of the mysterious “virtual fusion centers” referred to in testimony by DHS to the same Senate Subcommittee in response to questions about why the DHS listed centers on its site that it knew did not physically exist.

While the general notion of providing advance training to fusion center personnel is rational, given the sensitivity of the operation, the existence of the “Cell” is another example in a litany of cases where the fusion center has been conducting operations which pose serious dangers to Constitutional protections, without significant oversight, and with no record available to the public as to how authorities are ensuring those protections. Del Coco says SOSSEC was originally supposed to complete Phase III-b, “Implementation,” but in December 2011, at the request of the city and SEPA-RTF, relinquished all fusion center responsibilities.

SOSSEC's Del Coco said that the original three phase project was split by SEPA-RTF into two sub-phases for its third stage, for which the City of Philadelphia assumed control
SOSSEC’s Del Coco said that the original three phase project was split by SEPA-RTF into two sub-phases for its third stage, for which the city Philadelphia assumed control

It is Time for Answers

In October, the DVIC facility was host to a Mounted Unit ceremony, an Asian American Advisory Board meeting which apparently included a briefing on the police department’s intelligence gathering practices for members, and an untold number of formal and informal tours for out of town colleagues during the recent International Association of Chiefs of Police, including a former government intelligence officer who now works for IBM and who requested their name not be used for this article. It only seems fair, by matter not only of best transparency practices but simple intuition, that a privacy policy – the most conspicuous public offering regarding the facility – should indeed be available to the public.

Written by Dustin Slaughter and Kenneth Lipp, Image by Dustin Slaughter

The State of Surveillance and Our Fight for Freedom

The United States surveillance state has grown to a level never witnessed before in history. Following the revelations of Edward Snowden, the world is now privy to the lengths to which the U.S. government has been watching every single one of us in the global community. International governments caught off guard by the breadth of the United States spying program are now questioning to what extent they want their internet traffic funneling through U.S. servers and ISPs.

In all aspects of the global contemporary life, the U.S. government has found its way into the far reaches of personal space. From NSA email and phone spy programs, to FBI surveillance drones, the airwaves are filled with the prying eyes of our so-called protectors. These discriminating eyes which have creeped their way into every facet of our lives continue to intensify their surveillance efforts across the planet.

It all begs the question, what is it they are so afraid of? Why the need for such an extensive surveillance program? What threat do “We the People” pose to the powers that be? The proliferation of these programs began with the Bush administration’s warrantless wiretapping and the FISA amendments act of 2008, and has continued on through into the Obama administration who renewed those changes in U.S. surveillance law in 2012.

Government officials from all sides have attempted to defend the programs by rationalizing the need for added security in a post 9/11 world. Former NSA director Michael Hayden earlier this week on Sunday spoke from the pulpit of a previous generation of politicians, a generation whose ideas of government revolve around secrecy and political ambiguity. He defended the United States’ “militarization of the World Wide Web” and spoke out against the anonymity of the internet and the tension it creates “between security and Liberty.”  A tension that has been over inflated by the misguided fears of the United States Government.

Those fears became apparent when Edward Snowden leaked sensitive documents to the Washington Post and The Guardian earlier this year, giving us a peek into the NSA spying efforts of PRISM. A program whose legal justification found its roots in FISA and began with a marriage between the NSA and tech giant Microsoft on September 11, 2007. A relationship which would mark the first in a long stream of technology titans finding their way into the bed of the NSA, including prominent companies like Google, Yahoo, Facebook, YouTube, Apple and others.

Although the Snowden documents implicate these companies first hand knowledge of the program, many of them have argued that they knew nothing of the PRISM program and the extent of the government’s surveillance activities. In an attempt to win back the trust of their users, many have now begun campaigns to prioritize the privacy of their customers.

Facebook CEO Mark Zuckerberg has warned the U.S. government that its venture into voyeurism will only lead to bad business on the international level, initiating further apprehension from international customers.  Zuckerberg went onto say that “the more transparency the government has, the better folks would feel.” How convenient are the campaigns of these companies to prioritize privacy when previously they showed no interest. Their efforts to protect the people look more like a concerted effort to protect their pockets and the positions of power and influence they currently hold.

With the assistance of their corporate cohorts and their control of the majority of the world’s servers, the United States has been granted the responsibility of gatekeeper of a global information network – a network which grants them access to some of the most intimate aspects of human interaction. From 2007 onward the NSA and the United States government would become the proud owners of some of the world’s most sensitive information, the information of the People, both foreign and domestic.

From this moment forward, intelligence gathering would no longer be focused primarily on the criminal activities of state enemies but would encompass the whole of internet communication. Unsuspecting and in many cases, innocent global citizens would now become the focus of government inquiry without the need of court permission. While incrementally dissolving the people’s right to privacy the government has simultaneously relinquished the trust of the American people and the people of the world.

An inherent distrust was implied when our government implemented a surveillance program of this magnitude – a distrust which is reciprocated by the people in the form of resentment and ultimately anger. If it is true that the anonymity of the internet is such a threat to freedom as they say, then let us also recognize that the anonymity of U.S. surveillance programs is an equal if not greater threat to the preservation of a free society.

Unfortunately, it has been our government’s decision to give precedence to “security” while neglecting our long honored tradition of freedom. It’s a decision which exemplifies the despotism that has grown throughout the hallowed halls of a once respected United States government. This despotism is forged through the partnerships of corporations and government leadership that seek to solidify their positions of power instead of leading a nation of free people.

Fortunately, the internet has provided the people a platform to stand shoulder to shoulder with the titans of modern society and profess their beliefs and ideas in an equal forum for all to hear. This free forum will continue to give rise to people power movements the world over, despite government attempts to quiet public dissidence. Edward Snowden along with Barrett Brown, Chelsea Manning and Wikileaks are just the beginning of people power representatives, that in a reciprocating effort, will continue to expose the secrets of despotic governments in the same way they seek to expose the secrets of the people.

No longer are the governments of the world free from the watchful eye of public discourse. So long as the United States government continues its pursuit for a surveillance state, “We the People” will stand in opposition to that state, in our fight for freedom.

Written by Justin Blush for Media Roots

Incarceration: a New American Pastime

In 1984, a newly formed company Corrections Corporation of America acquired the United States’ very first corrections facility contract for the state of Tennessee. This was the first time in American history that a private, for-profit corporation would control and care for the nation’s incarcerated.

Over the next 28 years, the power and reach of the privatized prison system consumed over half of the country’s prison institutions and, in turn, led to a six-fold increase in prisons and inmate capacity in the U.S. The number of correctional facilities and unwarranted incarcerations in America will continue to increase so long as the corporate takeover of U.S. prisons is driven by a corporate philosophy that revolves around perpetual profits and growth.

When we consider the growth of American industry over the past ten years, we are faced with the fact it has continued to struggle to keep afloat through multiple wars and recession. Conversely, Corrections Corporation of America (CCA), like many of the independent prison operators, has experienced considerable growth and profits, with most of that growth occurring over the past decade. This phenomenon is not limited to CCA either—its rival, the GEO Group, has experienced similar growth. In 2003, CCA traded near $6.00/share and it now currently sells near $34.00/share (NASDAQ).

Both companies, CCA and GEO Group reported their total revenue for 2011 at around $1.7 billion, further proving that the private corrections industry is thriving. With their success, these companies have begun to own and operate their own facilities as well. CCA now owns and operates 66 facilities; the GEO Group now has 65 in their possession.  In the recession, both companies have thrived not only on an increased demand for prison capacity, but on a corporate philosophy that places profits above anything else.

The contemporary philosophy in corporate America maintains that perpetual profits and aggressive growth is the only path to success. The current model perpetuates a survival–of-the-fittest, take-no-prisoners attitude, where the success of the corporation is paramount. With the current framework, the goal of benefiting society as a whole becomes secondary to that of the success of the corporation. “Unfortunately, we live in a world of capitalists who thrive on the great Myth of Perpetual Growth, endless growth, ad-infinitum, forever, till the end of time”.

We see this business philosophy every day at department stores as they shill the week’s hot new product. We see it every year at Black Friday when companies try to outdo the previous year’s successes. As a nation run by corporate capitalism, we assume perpetual growth is guaranteed, even though we live in a world of limited resources and consumers. The problem of this philosophy not only exists in department stores, but it also exists in the far reaches of our government as well, and can be seen in the public statements of companies like CCA that tout their constant construction of new facilities and new beds for more inmates. This corporate philosophy of perpetual growth has become a cancer, and exists in all areas public and private, affecting all facets of our society.

At the time the first contract was awarded to CCA, in 1984, there were 903 state-run correctional facilities in the United States, incarcerating a total of 395,309 inmates. In 2005 the number of prisons had doubled to 1,821 facilities and the number of inmates had grown to over 1.4 million. From 2005 until 2010 the number of inmates climbed to a staggering 2,266,832 nearly doubling the number of inmates in a five year period (U.S. Census). In addition to the unprecedented increase in prisons and inmates we have also seen an increase in unwarranted arrests and incarcerations in the United States over the past few years.

The most notable of cases has been in New York, which Mayor Bloomberg has repeatedly touted as the “safest big city in America.” He has been able to claim this due to the increase of arrests throughout the city over the past decade and with the implementation of the highly questionable “stop and frisk” policy. The Village Voice recently helped in bringing to light the truth about how New York City police departments had established an arrest quota for their officers. The officers were given the choice to either abide by these guidelines or risk losing their jobs due to non-compliance. Since this story broke, a plethora of similar  accounts have come to light, such as the recent development of the “Cash for Kids” scandal, where elected judge of Pennsylvania, Mark Ciavarella, received millions of dollars in kickbacks for child convictions to fill the beds of a private juvenile detention center owned by Mid Atlantic Youth Services Corp. Cases such as these are only a symptom of a much greater sickness within our corrections system. By continuing to allow the privatization of prisons in America, we contribute to the incremental degradation of our human rights, and further establish a totalitarian justice system which no longer upholds law, but instead does the bidding of its corporate controllers.

Some have argued though, that there is no direct relationship between the privatization of the prison system and the increased incarcerations in America. There is, of course, the possibility that this growth is due to an increase in population and other social factors that led to increased criminal activity. If that were the case, we can conclude companies like CCA and the GEO Group are merely providing the United States with a much needed service. If this logic were true though, other countries struggling with similar population growth, poverty, and social tensions would see a similar rise in their prison populations. As it stands, the U.S. leads the pack, as we incarcerate more citizens than any other country in the world. China, with the world’s highest population and most impoverished people, trails behind us.

The undeniable correlation between the time frame of the sudden increases in size of the U.S. prison system and its inmates, in addition to the creation of the private corrections companies and their government contracts, further establishes that they must be inextricably linked. If we are to take back control of our disproportionate corrections operations, we must first decouple profits from incarceration. Once corporations are not rewarded for imprisoning citizens, then we will have the social space to examine and correct the roots of criminal behavior, instead of just profiting from them.

 Written by Justin Blush for Media Roots

Patriot Acts: Whistleblowers Defending Our Freedom

A very few, as heroes, patriots, martyrs, reformers in the great sense, and men, serve the state with their consciences also, and so necessarily resist it for the most part; and they are commonly treated as enemies by it. ” – Henry David Thoreau from ‘Civil Disobedience’

Daniel Ellsberg called Edward Snowden’s revelations of government spying, “the most important leak in American history.” As the public learns more and more about secret government programs to spy on U.S. citizens, it is tempting to believe that it is all about Edward Snowden and his startling disclosures. This is far from the truth. In fact, almost a decade ago, conscientious employees of United States government spy agencies such as the National Security Administration (NSA) and the Central Intelligence Agency (CIA) began reporting on abusive and seemingly unconstitutional government polices including torture and deliberate spying on innocent U.S. citizens.

Abby Martin interviewed three former employees of government spy agencies with a combined total of over 40 years experience in government positions. These interviews revealed that torture is official U.S. government policy, and that spying on innocent U.S. citizens is much more pervasive than the federal government’s response to Edward Snowden’s disclosures would seem to indicate. Taken together with Snowden’s revelations, these interviews paint a picture of an out of control federal government that has slipped the reins of morality and the US Constitution, and is determined and able to do whatever it desires without regard to legality or the Constitution.

Russell Tice, a satellite systems specialist, worked over 20 years in various government agencies including the NSA and Defense Intelligence Agency (DIA). In 2004, while performing his government assigned duties, Tice was shocked to learn that the U.S. government was spying on innocent U.S. citizens. Tice revealed what he knew to reporters for the New York Times and the Austin American-Statesman, and the story was published. Tice hoped the exposure would help put an end to what he considered to be illegal and unconstitutional activity on the part of the government.

NSA Blackmailing Obama? Abby Martin Speaks to NSA Whistleblower Russ Tice 

Thomas Drake is a former NSA senior executive and NSA Chair at the National Defense University. He worked on the Trailblazer Project, another program that intercepted cell phone, email and internet communications, and was a predecessor to the PRISM project revealed by Edward Snowden. Convinced that Trailblazer was illegally violating innocent Americans’ privacy, Drake and several others reported their concerns through proper government channels including the Department of Defense Inspector General. In 2007, all those involved were raided by the FBI. Drake was charged with violating the Espionage Act. Meanwhile, he continued to reveal waste, fraud, abuse, and violations of privacy perpetrated by the NSA to reporters, including those from the Baltimore Sun and The New Yorker.

 Advice on Trusting Your Government from NSA Whistleblower Thomas Drake

John Kiriakou is a former CIA analyst and case officer, a former senior investigator for the Senate Foreign Relations Committee, and former CIA Chief of Counterterrorist Operations in Pakistan. He resigned from the CIA in 2004 after being recruited to supervise a program of water boarding and other “enhanced interrogation” methods. He refused to participate because he felt the methods to be immoral and equivalent to torture. In December 2007, while being interviewed on ABC News, Kiriakou stated his opinion that water boarding was torture and that he knew through personal experience that it was official U.S. government policy. From that day on, Kiriakou states that all his activities have been monitored and investigated by the Justice Department. Eventually, in 2012, he was charged and convicted under the Espionage Act and sentenced to 2 ½ years in prison. This made him the first and only CIA officer ever to be convicted under the Espionage Act.

CIA Whistleblower John Kiriakou: ‘If I Tortured, I’d Be Free’

It’s a lot worse than you think.

On being briefed on Snowden’s revelations, Democratic member of the U.S. House of Representatives, Loretta Sanchez, said:

What we learned in there is significantly more than what is out in the media today… I can’t speak to what we learned in there…but I will tell you that I believe it is just the tip of the iceberg

In their discussions with Abby Martin, Tice, Drake, and Kiriakou all related their knowledge that illegal government activity is a great deal more intrusive and pervasive than even Snowden’s revelations illustrate. Russell Tice described a computer program known as ECHELON that allows the government to spy on innocent American’s phone calls, emails, and other internet activity. He personally witnessed a number of alarming examples of government abuse of this system including warrantless spying on:

– News organizations and journalists
– U.S. companies that do business internationally
– Financial institutions
– State Department personnel including Colin Powell
– 3-star and higher Admirals and Generals including David Petraeus
– Prominent law firms and lawyers
– Supreme Court Justices including Judge Alito
– United States Congressmen including Barak Obama when he was a Senator
– Friends, family members and personal residences of all of the above

A high level NSA source told Tice that orders to spy were coming from Vice President Cheney, himself.

Both Tice and Drake stated that they had personal knowledge that the government did look into the contents of the information they obtain and not just the “metadata” as President Obama now claims. Thomas Drake noted that the PRISM program revealed by Edward Snowden had taken the violations of privacy he objected to in the Trailblazer Project much further. “PRISM demonstrates that there is collusion between the U.S. government and the most powerful, largest internet service providers, not only in the country, but in the world. The government is essentially given direct access or the equivalent of direct access to subscriber information on a very large scale, including the content of their information.”

Attorney Jesselyn Radack is a Director of the Government Accountability Project, and the attorney who represents both Drake and Kiriakou. She explained that the PRISM program expands wiretapping without a warrant, like that which occurred in the Trailblazer Project under the Bush administration. Now, with PRISM, the government has direct access to the nine largest internet service providers in the world, including Google, Microsoft, and Apple. Radack stated that this is in direct violation of a number of federal laws as well as the 4th Amendment of the U.S. Constitution.

In addition to PRISM and the other spying efforts brought to light by Snowden, Drake believes that, “there are additional orders and there are additional programs that have not been revealed…I think that once those come out, several other shoes will drop. I think the government is desperate to protect the deepest of the secrets.” Drake believes that what will be revealed is that government spying treats U.S. citizens no differently than foreign nationals. He believes that the “Foreign” in Foreign Intelligence Surveillance Act (FISA) is irrelevant. The act might be more accurately called the Surveillance Act. He feels that all citizens in the U.S. and other countries are virtual subjects of one large surveillance state.

On the issue of torture, John Kiriakou emphasized that torture was not just a rogue activity carried out by isolated U.S. government agents. Kiriakou knew from personal experience that torture, during his time in the CIA, was an official U.S. government policy authorized from the President of the United States on down.

Russell Tice summarized the feelings of the group: “Every means of communication in this country, everything, is being watched by the federal government, and that is Orwellian, and that is the trademark of a police state.”

Why is the government doing this to us?

Thomas Drake gave the most succinct explanation for the rogue actions of the U.S. government. When asked by Abby Martin why he felt the government was doing this, he answered, “Because they can. They have the power.” “ Information is the currency of power,” Radack added. “More and more information is the name of the game.”

There is nothing to stop the intelligence agencies from doing this. So called oversight of intelligence activities is no oversight at all, explained Drake. The FISA court operates in complete secrecy. Congressional oversight committees are being briefed in secret, and those present are sworn to secrecy regarding what they learned. Even taking oversight into account, there is only a very small number of people who know what is going on, explained Drake. The FISA court virtually never denies a request to spy. In 2012, the FISA court approved nearly 2,000 requests for surveillance and turned down none. “This is unprecedented,” Drake said. “How can such deep secrets exist in a democracy, a constitutional republic, without something giving – and what’s giving is our fundamental rights and liberties.”

Drake further explained that this spying serves what he refers to as the “surveillance state.” “It serves a very, very large contractor base. Staggering amounts of money are being made off the fear mongering since 9/11. You now have an entire industrial scale mechanism. A number of contractors are feeding off of it, and it’s a lot of money. You also have those in congress who are supporting and enabling it. This has become normalized.” Drake believes that this process has now taken on a life of its own. “They are not going to give up the secret power willingly,” he said.

Russell Tice suggested that the spying was a means of control. He believes that the upper echelons of the intelligence community collect compromising information on individuals in order to influence their future behavior. In this sense, the executives of the intelligence community comprise a sort of shadow government that has the power to vet candidates for leadership positions in government, and put leverage on the three branches of government to get what they want. As evidence of this theory, Tice pointed out that U.S. government intelligence agencies were not affected by the sequester, but nearly all other government agencies were.

Tice describes how candidate Obama pledged to stop National Security Letters and other forms of abusive government surveillance and to support whistleblowers. Even though Tice was a lifelong Republican, he supported Obama for that reason. Once he was elected, however, Obama changed. Those promises never materialized. Obama continues to lie about and cover up the extent of U.S. government spying, and he has prosecuted whistleblowers more zealously than any President before him. “Is it because he is being controlled?” Tice wonders. Tice notes that before Edward Snowden presented the world with incontrovertible proof of unconstitutional government spying, the media neglected to report on the issue. This was true even though Tice and others exposed this activity years ago. Tice suggests that “another interest” making use of compromising information obtained through illegal spying was applying leverage to the media to keep them quiet.

There is debate as to whether or not all this government spying is even effective or helpful. In light of the Boston bombing and the underwear bomber, internal government reports suggested that perhaps intelligence agencies were getting too much information to effectively analyze and predict attacks. Nonetheless, the government makes ample use of fear mongering to defend their actions. Drake and Radack, debunked the government claim that NSA spying programs have stopped at least 50 terrorist attacks. Drake posed the question, “How many of those “terrorist plots” were stopped, disrupted or prevented solely on the basis of secret surveillance programs and not by other means.” Radack added, “Even if we got that answer, there is no way to verify it. The government has told huge lies, and yet we are just supposed to trust them to tell us how many terrorist plots they have foiled.” It does not make sense. “They say they can only tell us so much, but this administration has not been at all shy about bragging about the “terrorist plots” that it disrupts,” she said. “Or that it manufactures then disrupts,” Abby Martin quipped.

If the US government does it, it’s not illegal.

There is a two tiered justice system operating in the U.S. today. There is one system of justice for those who do the government’s bidding without question, and another system of justice for those patriots who hope to improve the government by pointing out its flaws.

No one responsible for the illegal warrantless wiretapping that took place during the Bush administration is in jail. In fact, the government made it all legal after the fact. No one responsible for the unconstitutional surveillance revealed by Edward Snowden is being prosecuted or is in jail. The Director of National Intelligence, James Clapper, who lied to Congress about the extent of NSA surveillance, is not being prosecuted and is not in jail.

John Yoo, Alberto Gonzalez, Donald Rumsfeld, and others who conceived of, authorized, implemented, and oversaw torture are not in jail. None of the attorneys who papered over torture with tortuous legal analysis are in jail. Former CIA agent, Jose Rodriguez, the man responsible for destroying the tapes showing evidence of CIA torture, is not in jail. In fact, he is on a book tour discussing the great benefits of torture.

“None are in prison, none will ever be prosecuted,” says John Kiriakou.

Uncle Sam to the conscientious – proceed at your own risk!

John Kiriakou refused to take part in torture, and exposed torture by the U.S. government in hopes of putting an end to it. He is going to jail for 2 ½ years, convicted under the Espionage Act. Kiriakou was convicted even though the author of the law he supposedly violated testified on his behalf. He is in jail even though he demonstrated no mal intent. He is in jail because the presiding judge disregarded and disallowed legal precedent regarding mal intent. John Kiriakou is in jail after the government prosecutors were able to meet in secret with and give secret information to the presiding judge that Kiriakou was not allowed to hear or rebut. In fact, after she alone heard the secret so-called “evidence,” the presiding judge publicly stated that she wished she could have sentenced Kiriakou to 10 years instead of 2 1/2 years.

John Kiriakou has been audited by the IRS every single year since 2007, when he stated torture was official U.S. government policy.

Thomas Drake exposed unconstitutional government spying as part of the Trailblazer program. Thomas Drake was prosecuted under the espionage act. To avoid an even worse sentence, Drake was forced to plead guilty to a misdemeanor. He lost his job and his pension and was required to serve one year of probation.

Bradley Manning exposed war crimes. He is in prison for many years. Edward Snowden exposed unconstitutional government spying. He had to flee the United States where he would certainly be in jail, to Russia where he is free.

John Kiriakou feels that this is all an intentional program of harassment on the part of the government. The government wants to punish critics in any way possible for the purpose of having a chilling effect on others other who would criticize, blow the whistle, point out evidence of waste, fraud, and abuse, or expose government crimes.

What hope do we have?

Forty years ago, the Supreme Court ruled that the President of the United States, Richard Nixon, was not above the law. Americans hailed whistleblowers for having brought down the President for his utter lawlessness. How did we get from prosecuting the criminal to prosecuting the messenger? “We have strayed so far,” notes Abby Martin.

Today, President Obama, who was elected to office promising to shut down Guantanamo Prison, closes the office responsible for doing just that shortly after he wins re-election

John Kiriakou observes that we have had an incremental loss in our civil liberties over the years that were accelerated after 9/11, but there has been surprisingly little public outrage.

Today, the United States government is known for:

– Intercepting phone calls and emails without a warrant
– Vaporizing innocent people including American citizens with missiles from predator drones
– Mistreatment of prisoners in Guantanamo Bay
– Extraordinary Rendition
– Indefinite pretrial detention
– Coercive “enhanced” interrogation techniques (A.K.A. torture)
– Zealous harassment and prosecution of political dissidents (whistleblowers)

Is there no hope? Have Americans accepted this loss of civil liberties without a fight?

Russell Tice does not believe so. He is still out there speaking out against government abuse.

Thomas Drake does not believe so. He is still speaking out too. “I do believe, if the conversations, debate, and discussions that people are now having are any indication, people are growing more uncomfortable with what’s been going on,” he says.

Jesselyn Radack does not believe so. She continues to defend and advocate for the whistleblowers. She notes, “Congressman Jim Sensenbrenner who wrote the Patriot Act is coming out against all this. Senators Wyden and Udall and others you think wouldn’t have a problem with this are coming out against this too, and Republican libertarians and progressive Democrats have joined forces saying it is unacceptable for the government to have this much power hidden from the people.”

John Kiriakou does not believe there is no hope. “I’ve come to realize this case is so much bigger than I am…It is so much more important for free speech and freedom of association, it is so much more important for freedom of the press. I just hope that there is enough rage out there…that it helps someone in the future stand up to the justice department and to stand up to these infringements on our civil liberties.”

Bradley Manning has not lost hope. He is going to jail rather than ignore the injustice he wanted to stop.

Finally, Edward Snowden has not given up:

Everyone everywhere now understands how bad things have gotten — and they’re talking about it. They have the power to decide for themselves whether they are willing to sacrifice their privacy to the surveillance state.” “I do not want to live in a world where everything I do and say is recorded. That is not something I am willing to support or live under.”

The rest is up to us. As Abby Martin said, “We should all be speaking up. If we don’t stop this now, who knows where we are going with it.”

Written by David Wiggins

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American Bisque Part 3: Obama ‘Now You Know the Real Deal’

DISCLAIMER: This film contains unedited, graphic and violent imagery of what your US tax dollars are actually paying for.

‘American Bisque’ is a no narration documentary of raw footage set to a chronological timeline that follows the history of US foreign policy and White House lies, from Vietnam and Nixon to Obama’s war on whistleblowers. Electronic music reflecting every era of the chronology accompanies the video. The film was fully edited and produced by Robbie Martin, co-host of Media Roots Radio.

This is Part Three: Obama ‘Now You Know the Real Deal’, consisting of Obama’s broken promises, and exacerbation of George Bush’s neoconservative agenda of surveillance and endless war.

Parts One & Two will be released by September 2013.

***

COMING SOON Part One: ‘The Deadbeats Lost’ will cover the presidencies of Nixon, Ford, Carter, Reagan, Bush Sr. and Clinton.

COMING SOON Part Two: ‘Cart Blanche’ will cover the presidency of George W. Bush: the events of 9/11 and the complete stonewalling of an investigation, the run-up to the Afghanistan war, the planting of seeds for an indefinite ‘War on Terror’.

‘American Bisque’ includes temporary music score by: AFX, The Tuss, Autechre, LFO, Wendy Carlos, Opiate, Download, Plastikman, Skinny Puppy, Throbbing Gristle, Nancy Sinatra, Bass Clef, 2562, Machinedrum, Gescom, Oneohtrix Point Never, :Zoviet*France:, Scorn/Mick Harris, Dopplereffekt, Nommo Ogo, Mika Vaino, VHS Head and a glitched out jumbo-tron James Taylor broadcast.

‘American Bisque’ contains clips from: Loose Change Final Cut, Dylan Avery, 9/11 Press for Truth, CSPAN, ABC, CNN, FOX, Jon Gold, WeAreChange, Luke Rudowski, Russia Today Official White House broadcasts + others who i will credit in due time. Many other youtube users and clip finders deserve to be credited.

This video is released under a creative commons attribute of fair share distribution. No profit is being made from it and its only purpose is educational.