The Liberty Report

NSA 'Violations' Irrelevant

Though it made for sensational headlines last week, the 2,776 NSA violations of its own intercept guidelines over the course of one year are irrelevant. The millions and millions of “authorized” intercepts of our communications are all illegal — except for the very few carried out in pursuit of a validly-issued search warrant in accordance with the Fourth Amendment. That is the real story. Drawing our attention to the violations unfortunately sends the message that the “authorized” spying on us is nothing to be concerned about.

More on this in my weekly column out tomorrow.

Copyright © 2013, The Ron Paul Institute for Peace and Prosperity. Permission to reprint in whole or in part is gladly granted provided full credit is given and a live link provided.

NSA Spying: Fiction versus Fact

House Intelligence Committee Chairman Mike Rogers and many other defenders of the NSA spying program warned critics that the mass collection of our electronic communications had already stopped “dozens” of terrorist plots against the United States. In June, NSA director General Keith Alexander claimed that the just-disclosed bulk collection of Americans’ phone and other electronic records had “foiled 50 terror plots.” These claims were designed to silence opponents by implying they would be partly responsible should another attack occur if they were successful in shutting down the programs.

Dozens of terrorist plots thwarted by the mass collection of billions of our phone calls and e-mails. It sounds very dramatic. But now we know it was not true.

Last week NSA deputy director John C. Inglis testified before the Senate Judiciary Committee that far from the dozens of plots disrupted, “at most, one” had in fact been stopped. And even that one was by no means certain

I will write more about this deception and fear-mongering by the NSA and their backers in Congress in my weekly Texas Straight Talk column, out on Monday.

Copyright © 2013, The Ron Paul Institute for Peace and Prosperity. Permission to reprint in whole or in part is gladly granted provided full credit is given and a live link provided.

A House Divided Over NSA Spying on Americans

Last week’s House debate on the Defense Appropriations bill for 2014 produced a bit more drama than usual. After hearing that House leadership would do away with the traditional “open rule” allowing for debate on any funding limitation amendment, it was surprising to see that Rep. Justin Amash’s (R-MI) amendment was allowed on the Floor. In the wake of National Security Agency (NSA) whistleblower Edward Snowden’s revelations about the extent of US government spying on American citizens, Amash’s amendment sought to remove funding in the bill for some of the NSA programs.

Had Amash’s amendment passed, it would have been a significant symbolic victory over the administration’s massive violations of our Fourth Amendment protections. But we should be careful about believing that even if it had somehow miraculously survived the Senate vote and the President’s veto, it would have resulted in any significant change in how the Intelligence Community would behave toward Americans. The US government has built the largest and most sophisticated spying apparatus in the history of the world.

The NSA has been massively increasing the size its facilities, both at its Maryland headquarters and in its newly built (and way over-budget) enormous data center in Utah. Taken together, these two facilities will be seven times larger than the Pentagon! And we know now that much of the NSA’s capacity to intercept information has been turned inward, to spy on us.

As NSA expert James Bamford wrote earlier this year about the new Utah facility:

“The heavily fortified $2 billion center should be up and running in September 2013. Flowing through its servers and routers and stored in near-bottomless databases will be all forms of communication, including the complete contents of private emails, cell phone calls, and Google searches, as well as all sorts of personal data trails—parking receipts, travel itineraries, bookstore purchases, and other digital “pocket litter.” It is, in some measure, the realization of the “total information awareness” program created during the first term of the Bush administration—an effort that was killed by Congress in 2003 after it caused an outcry over its potential for invading Americans’ privacy.”

But it happened anyway.

Over the last week we have seen two significant prison-breaks, one in Iraq, where some 500 al-Qaeda members broke out of the infamous Abu Ghraib prison, which the US built, and another 1,000 escaped in a huge break in Benghazi, Libya – the city where the US Ambassador was killed by the rebels that the US government helped put in power. Did the US intelligence community, focused on listening to our phone calls, not see this real threat coming?

Rep. Amash’s amendment was an important move to at least bring attention to what the US intelligence community has become: an incredibly powerful conglomeration of secret government agencies that seem to view Americans as the real threat. It is interesting that the votes on Amash’s amendment divided the House not on party lines. Instead, we saw the votes divided between those who follow their oath to the Constitution, versus those who seem to believe that any violation of the Constitution is justified in the name of the elusive “security” of the police state at the expense of liberty. The leadership – not to my surprise — of both parties in the House voted for the police state.

It is encouraging to see the large number of votes crossing party lines in favor of the Amash amendment. Let us hope that this will be a growing trend in the House – perhaps the promise that Congress may once again begin to take its duties and obligations seriously. We should not forget, however, that in the meantime another Defense Appropriations bill passing really means another “military spending” bill. The Administration is planning for a US invasion of Syria, more military assistance to the military dictatorship in Egypt, and more drones and interventionism. We have much work yet to do.

Permission to reprint in whole or in part is gladly granted, provided full credit is given.

The Homeland Security Monstrosity

Rep. Ron Paul (R-TX)
November 19, 2002

Congress spent just a few short hours last week voting to create the biggest new federal bureaucracy since World War II, not that the media or even most members of Congress paid much attention to the process. Yet our most basic freedoms as Americans – privacy in our homes, persons, and possessions; confidentiality in our financial and medical affairs; openness in our conversations, telephone, and internet use; unfettered travel; indeed the basic freedom not to be monitored as we go through our daily lives – have been dramatically changed.

The last time Congress attempted a similarly ambitious reorganization of the government was with the creation of the Department of Defense in 1947. Back then, congressional hearings on the matter lasted two years before President Truman finally signed legislation. Even after this lengthy deliberation, however, organizational problems with the new department lasted more than 40 years! What do we expect from a huge bureaucracy conceived virtually overnight, by a Congress that didn’t even read the bill that creates it? Surely more deliberation was appropriate before establishing a giant new federal agency with 170,000 employees!

When the Homeland Security department first was conceived, some congressional leaders and administration officials outrageously told a credulous rank-and-file Congress that the new department would be “budget neutral.” The agency simply would be a reorganization of existing federal employees, we were told, and would not increase the federal budget. In fact, the agency was touted as increasing efficiency, rather than expanding federal power. Of course the original 32 page proposal sent over by the White House quickly grew to 282 pages in House committees, ending up at more than 500 pages in the final version voted on last week – with a $3 billion price tag just for starters. The sheer magnitude of the bill, and the technical complexity of it, makes it impossible for anyone to understand completely. Rest assured that the new department represents a huge increase in the size and scope of the federal government that will mostly serve to spy on the American people. Can anyone, even the most partisan Republican, honestly say with a straight face that the Department of Homeland Security does not expand the federal government?

The list of dangerous and unconstitutional powers granted to the new Homeland Security department is lengthy. Warrantless searches, forced vaccinations of whole communities, federal neighborhood snitch programs, federal information databases, and a sinister new “Information Awareness Office” at the Pentagon that uses military intelligence to spy on domestic citizens are just a few of the troubling aspects of the new legislation. To better understand the potential damage to our liberties, I strongly recommend a November 14th New York Times op-ed piece by William Safire entitled “You Are A Suspect.” The article provides a devastating critique of the new Homeland Security bureaucracy and a chilling warning of what the agency could become.

The Government’s ‘Passion’ to Protect Us

In a Washington Post profile today, we read that NSA Director Keith Alexander’s “passion” to protect us from terrorist threats led him to “collect it all,” meaning to intercept and store our every electronic interaction. According to the Post, Alexander used the “collect it all” approach in Iraq to help make it a safer place in the mid-2000s, and his success there led him to use it against the rest of us at home. Was Iraq really a success? Does Iraq seem like a safe place?

Alexander is quoted in the article arguing in favor of NSA’s domestic spying, stating, “if we give up a capability that is critical to the defense of this nation, people will die.” There is no guarantee that people will not die, regardless of what the government claims to be doing to protect us. One thing is certain, however: if we give up our Constitution and its protections against a power-hungry government, the United States as we know it will die.

The article repeats the justification we have heard earlier for the “collect it all” approach: if you want to find a needle in a haystack you need the haystack. But this makes no sense. How can artificially manufacturing an infinitely larger haystack make it easier to find the needle? Shouldn’t the haystack be as small as possible so that the needle can be located?

What “collecting it all” does mean is that our every electronic human interaction is stored indefinitely by the federal government for possible future use against us should we ever fall out of government favor by, for example, joining a pro-peace organization, joining a pro-gun organization, posting statements critical of government spying on our Facebook pages or elsewhere. This massive database will be used – and perhaps has already been used – to keep us in line. The absence of meaningful Congressional oversight — unless cheerleading counts as oversight – means that no one will put the brakes on people like Keith Alexander, whose “passion” to “protect” us is leading us into totalitarianism.

New Egyptian War: Americans Lose, Again

Looking at the banners in the massive Egyptian protests last week, we saw many anti-American slogans. Likewise, the Muslim Brotherhood-led government that was deposed by the military last week was very critical of what it saw as US support for the coup. Why is it that all sides in this Egyptian civil war seem so angry with the United States? Because the United States has at one point or another supported each side, which means also that at some point the US has also opposed each side. It is the constant meddling in Egyptian affairs that has turned Egyptians against us, as we would resent foreign intervention in our own affairs.

For more than 30 years, since the US-brokered Camp David Accord between Israel and Egypt, the US supported Egyptian dictator Hosni Mubarak. Over that period the US sent more than $60 billion to prop up Mubarak and, importantly, to train and seek control over the Egyptian military. Those who opposed Mubarak’s unelected reign became more and more resentful of the US, which they rightly saw as aiding and abetting a dictator and denying them their political aspirations.

Then the US began providing assistance to groups seeking to overthrow Mubarak, which they did in 2011. The US continued funding the Egyptian military at that time, arguing that US aid was more critical than ever if we are to maintain influence. The US Administration demanded an election in Egypt after Mubarak’s overthrow and an election was held. Mohamed Morsi of the Muslim Brotherhood won a narrow victory. The US supported Morsi but kept funding the Egyptian military.

After a year of Morsi’s rule, Egyptians who did not approve of his government took to the streets to demand his removal from power. The US signaled to the Egyptian military that it would not oppose the removal of Morsi from power, and he was removed on July 3rd. With the overthrow of the Muslim Brotherhood-led government came the arrest of many politicians and the closure of many media outlets sympathetic to them. Then the US government warned the same Egyptian military that undermined democracy that it needed to restore democracy! Is it any wonder why Egyptians from all walks of life are united in their irritation with the United States?

Despite the Egyptian government being overthrown by a military coup, the Obama Administration will not utter the word “coup” because acknowledging reality would mean an end to US assistance to the Egyptian government and military. That cannot be allowed.

Instead, we see the same Obama administration that is on a worldwide manhunt for pro-transparency whistle-blower Edward Snowden demand that the Egyptian military exercise “political transparency” in its dealings with the ousted Muslim Brotherhood-led government.

So, successive US administrations over the decades have supported all sides in Egypt, from dictator to demonstrator to military. There is only one side that the US government has never supported: our side. The American side. It has never supported the side of the US taxpayers who resent being forced to fund a foreign dictatorship, a foreign military, and foreign protestors. It has never supported the side of the majority of Americans who do not wish to get involved in the confusing internal affairs of countries thousands of miles away. It has never supported the side of those of us concerned about blowback, which is the real threat to our national security. Unfortunately, US administrations continue to follow the same old failed policies and Obama is no different. More intervention, more foreign aid, more bullying, more empire.

Copyright © 2013, The Ron Paul Institute for Peace and Prosperity. Permission to reprint in whole or in part is gladly granted provided full credit is given and a live link provided.

US Egypt Policies Don't Pass the Laugh Test

A military coup in Egypt yesterday resulted in the removal and imprisonment of the elected president, Mohamed Morsi, a closure of media outlets sympathetic to him, the house arrest of his advisors, and the suspension of the constitution. The military that overthrew Morsi is the main recipient of the $1.3 billion yearly US aid package to Egypt. You could say that the US “owns” the Egyptian military that just overthrew its democratically-elected leader.

The hypocrisy of the US administration on these events in Egypt is stunning. As the New York Times reported today:

 President Obama urged the military to move quickly to return Egypt to a democratically elected government, saying, ‘We are deeply concerned by the decision of the Egyptian Armed Forces to remove President Morsi and suspend the Egyptian Constitution.’ The president notably did not refer to the military’s takeover as a coup — a phrase that would have implications for the $1.3 billion a year in American military aid to Egypt.

Well, Egypt had a democratically-elected government, but it was overthrown by the US-funded Egyptian military!

Let’s review US policy toward Egypt to see the foolish hypocrisy of the government’s interventionism: First the US props up the unelected Hosni Mubarak for decades, spending tens of billions of dollars to keep him in power. Then the US provides assistance to those who in 2011 successfully overthrew Mubarak. Then the US demands an election. The Egyptians held an election that was deemed free and fair and shortly afterward the US-funded military overthrows the elected president. Then the US government warns the military that it needs to restore democracy – the very democracy that was destroyed by military coup! All the while the US government will not allow itself to utter the word “coup” when discussing what happened in Egypt yesterday because it would mean they might have to stop sending all those billions of dollars to Egypt.

All this they do with a straight face. We are not supposed to notice the insanity of their foreign policy.

Copyright © 2013, The Ron Paul Institute for Peace and Prosperity. Permission to reprint in whole or in part is gladly granted provided full credit is given and a live link provided.

Snowden Case Highlights Deep Constitutional Erosion

The case of Edward J. Snowden raises a number of difficult issues for the United States.  The case impacts on Washington’s foreign policy and on US domestic politics.  The decline of American representative democracy is now sharply in focus.

Americans naturally want appropriate and necessary capabilities to defend our country but we do not want such capabilities turned on ourselves in violation of the US Constitution.

The impact on domestic US politics is squarely on issues of constitutional law.  Already the watchdog American Civil Liberties Union filed a court case against the government as a result of Snowden’s revelations.

Critics are outraged by what they see as White House lying about possibly illegal domestic surveillance activity.  There is further outrage over the recent congressional testimony of the head of the National Security Agency and the head of the US intelligence community.  Critics say these two men committed perjury by lying to Congress and that is a high crime.

In the US system governed by our unique constitution, the separation of executive, legislative, and judicial powers is a fundamental core value. It is based on ancient principles found in Greco-Roman tradition as well as in European parliamentary tradition.

The construction of the “imperial presidency” and distortion of the separation of powers increased during the Cold War.  Today, it is evident that US constitutional democracy is in deep decline reflecting not only the disintegration of the rule of law but also reflecting the disintegration of American civic culture.

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