The Commentariat -- Dec. 17, 2013
Charlie Savage of the New York Times: "A Federal District Court judge ruled on Monday that the National Security Agency program that is systematically keeping records of all Americans' phone calls most likely violates the Constitution, and he ordered the government to stop collecting data on two plaintiffs' personal calls and destroy the records of their calling history. In a 68-page ruling, Judge Richard J. Leon of the District of Columbia called the program's technology 'almost Orwellian' and suggested that James Madison, the author of the Constitution, would be 'aghast' to learn that the government was encroaching on liberty in such a way." The ruling is here. ...
... It's Not Over Til the Supremes Sing. Frederic Frommer of the AP: “'This is the opening salvo in a very long story, but it's important symbolically in dispelling the invincibility of the metadata program,' said Stephen Vladeck, a national security law expert at the American University law school.... Robert F. Turner, a professor at the University of Virginia's Center for National Security Law, predicted Leon's decision was highly likely to be reversed on appeal. He said the collection of telephone metadata -- the issue in Monday's ruling -- already has been addressed and resolved by the Supreme Court." ...
... Ian Millhiser of Think Progress: "The National Security Agency went into Judge Richard Leon's courtroom with a powerful precedent on its side. In its 1979 decision in Smith v. Maryland, the Supreme Court held that individuals do not have a 'reasonable expectation of privacy' in the numbers they dial on their phone.... The central insight of Judge Leon’s opinion is that technology has so transformed our world that it requires an entirely different constitutional privacy regime. Whatever the wisdom of Smith on the day that it was decided, its conception of what constitutes a 'reasonable expectation of privacy' imagined a world where government surveillance was relatively unusual and impossible to execute on a massive scale. New realities require new assumptions. And if the courts do not know the difference between science fiction and scientific fact, then we will forfeit our liberties as Americans." ...
... Scott Lemieux, in the American Prospect, analyzes Judge Leon's decision. ...
I acted on my belief that the N.S.A.'s mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts. Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans' rights. It is the first of many. -- Edward Snowden, in a statement distributed by Glenn Greenwald
... CW: Steve M., in his commentary on the case, expresses views on Snowden, Greenwald, et al., jibe with mine. It's a good idea to remember that, particularly in ultra-controversial issues, there are not only at least two sides to the story, those on both/all sides might be shmucks. ...
... Spencer Ackerman of the Guardian refutes key points of the "60 Minutes" NSA story (see yesterday's Commentariat). ...
(... Dylan Byers of Politico: "Lara Logan and Max McClellan, the '60 Minutes' journalists who were put on a leave of absence following their now-retracted report on Benghazi, are set to return to the program early next year...." CW: Well, why the hell not?) ...
... AFP: " The White House Monday renewed its demand for Edward Snowden to return home to face trial, after a top spy official floated the idea of an amnesty deal to plug his damaging intelligence leaks." ...
... Paul Owen of the Guardian: "Edward Snowden has offered to help Brazil investigate US spying on its soil in exchange for political asylum, in an open letter from the NSA whistleblower to the Brazilian people published by the Folha de S Paulo newspaper." CW: Apparently Snowden would rather winter in Rio than in Moscow. Perfectly understandable. ...
... Andy Greenberg of Forbes: "... an NSA staffer who contacted me last month and asked not to be identified ... offered me a very different, firsthand portrait of how Snowden was seen by his colleagues in the agency's Hawaii office: A principled and ultra-competent, if somewhat eccentric employee, and one who earned the access used to pull off his leak by impressing superiors with sheer talent.... According to the source, Snowden didn't dupe coworkers into handing over their passwords, as one report has claimed. Nor did Snowden fabricate SSH keys to gain unauthorized access, he or she says. Instead, there's little mystery as to how Snowden gained his access: It was given to him. 'That kid was a genius among geniuses,' says the NSA staffer." ...
... Oliver Knox of Yahoo! News: "Apple, Twitter, Netflix, Google, Facebook, Yahoo … a phalanx of top executives from leading tech companies meets Tuesday with President Barack Obama to discuss the impact that his controversial spying programs have had on online commerce. Obama will host the group in the Roosevelt Room of the White House one day after a federal judge decreed that NSA bulk collection of telephone data likely violates the Constitution." CW: Awwwkward.
Lori Montgomery & Ed O'Keefe of the Washington Post: "Despite a concerted attack by conservative advocacy groups, a bipartisan deal to roll back sharp spending cuts known as the sequester appeared on track to clear the Senate after a growing number of Republicans declared their support for the measure. On Monday, Sens. Orrin G. Hatch (Utah) and Johnny Isakson (Ga.) added their names to a list that included Sens. John McCain (Ariz.), Susan Collins (Maine) and Ronald H. Johnson (Wis.)." ...
... Washington Post UPDATE: "A bipartisan deal to roll back sharp spending cuts known as the sequester easily cleared a procedural hurdle in the U.S. Senate on Tuesday as enough Republicans joined Democrats to gain the votes needed to proceed to a final passage. Senators agreed 67 to 33 to end debate and proceed to final vote on the budget agreement. Twelve Republicans joined with the 55 members of the Senate Democratic caucus to proceed to a final vote, which could come as soon as Tuesday evening if Senate Republicans agree to speed things up. Otherwise, the chamber is likely to send the measure to the White House late Wednesday."
Obama 2.0. Paul Kane of the Washington Post: "The Senate confirmed Jeh C. Johnson on Monday as secretary of homeland security, the fourth person to lead the sprawling domestic safety agency since its inception after the Sept. 11, 2001, terrorist attacks. Johnson, 56, the former general counsel for the Pentagon, won confirmation on an overwhelming vote, 78 to 16, as the Senate continued churning through an end-of-session batch of nominees to fill President Obama's Cabinet and the federal judiciary." ...
... MEANWHILE. Peter Schroeder & Bernie Becker of the Hill: "Stinging from Senate Democrats' gutting of the filibuster, Senate Republicans will use their private caucus lunch Tuesday to decide on their strategy for holding back a string of nominees."
Greg Sargent: "As of now, over two dozen states are not opting in to Obamacare's Medicaid expansion, thanks largely to hostility to the law among GOP governors who are turning down huge sums of federal money that could otherwise go towards expanding coverage to their own constituents. Result: untold numbers risk falling into a 'Medicaid gap,' making too much to qualify for traditional Medicaid, yet too little to qualify for subsidies on the exchanges. We now have a new look at the consequences of this: Millions will likely remain uninsured, and racial and geographic disparities in access to coverage will worsen. Two new studies released by the Kaiser Family Foundation today illustrate this in new detail."
Josh Barro of Business Insider: "Conservatives have no idea what to do about recessions.... Conservatives favor the same set of economic policies when the economy is weak and when it is strong.... The implication is that conservatives believe there is nothing in particular the government should do about economic cycles....As with health care and bank regulation, economic recessions are a policy question to which conservatives have not the wrong answer, but no answer." ...
... Paul Krugman has a most interesting follow-up/rejoinder to Barro's post.
Daniel Strauss of TPM: "In a new fundraising email, the Senate Conservatives Fund (SCF) said House Speaker John Boehner (R-OH) is targeting conservatives in the same way that the Internal Revenue Service targeted conservative organizations seeking tax-exempt status." CW: One little problem with the SCF analogy: the IRS was not targeting conservatives. But there never was a winger who let the facts get in the way of a good fundraising ploy. ...
... Alex Rogers of Time: “The Tea Party wants to avenge Paul Teller. Teller was fired last week from his post as executive director of the Republican Study Committee, a congressional group that steers the right-wing agenda, after allegedly leaking private conversations over the course of years to outside political groups.... A lawmaker in the RSC leadership ... told Time ... the RSC fired Teller after he leaked details of a December 5 meeting where [Paul] Ryan outlined aspects of the forthcoming budget deal.... The lawmaker stressed that it was not a first time offense. In 2011, during the debt-ceiling showdown, Teller reportedly was caught sending emails to outside groups in an attempt to tank a Boehner proposal. Members chanted 'Fire him, fire him!' when they found out, according to Politico."
Yahoo! News: "The federal government has spent nearly $1 million studying romance in popular culture, according to a new report [by Sen. Tom Coburn (R-Okla.)] that targets government waste. The National Endowment for the Humanities has awarded $914,000 to help fund the 'The Popular Romance Project' since 2010, an ongoing culture study that explores 'the fascinating, often contradictory origins and influences of popular romance as told in novels, films, comics, advice books, songs, and internet fan fiction.'" CW: So maybe I need a New Rule on Reality Chex commentary: Literary fiction, no; bodice-rippers, yes.
Jim Yardley & Jason Horowitz of the New York Times: "Pope Francis moved on Monday against a conservative American cardinal [Raymond Burke] who has been an outspoken critic of abortion and same-sex marriage, by replacing him on a powerful Vatican committee with another American who is less identified with the culture wars within the Roman Catholic Church." ...
... Philip Pullella of Reuters: "The oldest gay rights magazine in the United States named Pope Francis its 'Person of the Year' as the pontiff marked his 77th birthday on Tuesday by inviting homeless people to join him for breakfast in the Vatican." The Advocate story -- which explains how the editors made their choice -- is here.
Senate Race
Annie Linskey of Bloomberg News: "Former Massachusetts Senator Scott Brown plans to move to New Hampshire, the latest sign that he's considering a U.S. Senate bid there, which would complicate Democrats' effort to hold their majority in the chamber." Brown has a buyer for his Wrentham, Massachusetts home, & he owns a vacation home in New Hampshire.
Local News
NEW. Philip Rucker of the Washington Post: In "the sudden closure, over four days, of a pair of access lanes from Fort Lee, N.J., onto the George Washington Bridge into New York ... Democrats see a potential scandal that could permanently harm Republican Gov. Chris Christie...." CW: Sounds like a long shot to me. Democrats &/or the press will have to come up with a smoking gun that proves Christie ordered the lane closings, then lied to cover up his involvement. So far, no smoke.
Emma Dumain of Roll Call: "The House Ethics Committee will launch a formal investigation into alleged misconduct by Rep. Trey Radel, the panel's top Republican and Democrat announced Monday.... Radel has been on leave since late last month, when news broke that he had been arrested in the District of Columbia for cocaine possession. He is now checked into a rehab clinic in Florida, where he says he is getting help for his addiction issues that will enable him to get back to work -- despite the many calls in and out of his home state for him to step down." The committee probably won't take any action against Radel.
News Ledes
Boston Globe: "A Harvard student trying to get out of a final exam admitted to the FBI that he sent a bomb threat that forced the university to evacuate multiple buildings and rattled the campus, federal officials said Tuesday. Instead of going home for winter break, 20-year-old Eldo Kim was arrested Tuesday and held overnight on federal bomb hoax charges. He is scheduled to appear in US District Court on Wednesday...."
New York Times: "Tunisia ... has once again broken new ground with a political deal between longtime enemies among the Islamists and the secular old guard. The deal, announced over the weekend, aims to put in place an independent caretaker government until new elections next year, marking the first time Islamists have agreed in the face of rising public anger to step back from power gained at the ballot box."
AFP: "British police on Monday said they had finished examining new information about the 1997 death of Diana, princess of Wales, but had found 'no credible evidence' she was murdered. Scotland Yard police headquarters announced in August it was checking the credibility of recently received information about the deaths of the princess and her boyfriend Dodi Fayed, including an allegation that she was murdered by a British military figure."
*