Tag Archives: intelligence

Can Obama Order Immigration Amnesty All By Himself?

Mother Jones

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Normally, says Ross Douthat, all the recent alarmist liberal chatter about impeachment “would simply be an unseemly, un-presidential attempt to raise money and get out the 2014 vote.” But not this time:

Even as his team plays the impeachment card with gusto, the president is contemplating — indeed, all but promising — an extraordinary abuse of office: the granting of temporary legal status, by executive fiat, to up to half the country’s population of illegal immigrants.

Such an action would come equipped with legal justifications, of course….But the precedents would not actually justify the policy, because the scope would be radically different. Beyond a certain point, as the president himself has conceded in the past, selective enforcement of our laws amounts to a de facto repeal of their provisions. And in this case the de facto repeal would aim to effectively settle — not shift, but settle — a major domestic policy controversy on the terms favored by the White House.

….In defense of going much, much further, the White House would doubtless cite the need to address the current migrant surge, the House Republicans’ resistance to comprehensive immigration reform and public opinion’s inclination in its favor.

But all three points are spurious. A further amnesty would, if anything, probably incentivize further migration, just as Obama’s previous grant of legal status may well have done. The public’s views on immigration are vaguely pro-legalization — but they’re also malleable, complicated and, amid the border crisis, trending rightward. And in any case we are a republic of laws, in which a House majority that defies public opinion is supposed to be turned out of office, not simply overruled by the executive.

It’s worth pointing out at the start that we don’t know what Obama has in mind. It’s entirely possible that he’s deliberately leaking some fairly extreme ideas merely to get people like Douthat wound up. If and when he does issue executive orders over immigration, they might turn out to be a lot more moderate than anything the Fox News set is bellowing about. It wouldn’t surprise me.

But suppose Obama does issue an unusually bold executive order, one that halts immigration enforcement against a very large segment of the undocumented immigrants currently in the country. What then?

Well, it would depend on exactly what the order entails and what the legal justification is, but if it really does have a broad scope then I agree that it might very well represent presidential overreach. And, as Douthat says, congressional inaction wouldn’t be any kind of defense. Congress has every right not to act if it doesn’t want to. Aside from genuine emergencies, that provides not even the slightest justification for presidential action.

So I’ll just repeat what I said on Thursday: an executive order is hardly the end of the game. For starters, Republicans can take their case to the public, using Obama’s actions as a campaign weapon in 2016 to spur the election of a president who will reverse them. They can also go to court. In a case like this, I suspect they wouldn’t have much trouble finding someone with standing to sue, so it it would be a pretty straightforward case.

As it happens, I think the current Republican obsession with presidential overreach is fairly pointless because their examples are so trivial. Extending the employer mandate might very well go beyond Obama’s powers, but who cares? It’s a tiny thing. Alternatively, the mini-DREAM executive action is fairly substantial but also very unlikely to represent any kind of overreach. Ditto for recent EPA actions.

Presidents do things all the time that push the envelope of statutory authority. To be worth any serious outrage, they need to be (a) significant and (b) fairly clearly beyond the scope of the president’s powers. I don’t think Obama has done anything like this yet, but if Republicans want to test that proposition in court, they should go right ahead. That’s what courts are for.

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Can Obama Order Immigration Amnesty All By Himself?

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Obama: "We Tortured Some Folks"

Mother Jones

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On Friday, President Obama said that some of the things the United States did after 9/11 were indeed acts of torture. National Journal has the full quote:

Obama also addressed post-9/11 America in remarks about the Central Intelligence Agency. “We tortured some folks,” he said. “We did some things that were contrary to our values. I understand why it happened. I think it’s important when we look back to recall how afraid people were after the Twin Towers fell, and the Pentagon had been hit, and a plane in Pennsylvania had fallen and people did not know whether more attacks were imminent and there was enormous pressure on our law enforcement and our national security teams to try to deal with this.”

This isn’t the first time Obama has said that the US tortured people but the usage of “folks” immediately set tongues wagging. Presumably it’s because “folks” is far more humanizing than “detainees” or “enemy combatants”. The US did torture people (real flesh-and-blood human people) after 9/11, and it’s good that Obama says so—even if he was just trying to get off the topic of his CIA admitting to spying on Congress.

For a long time it was incredibly controversial to call “enhanced interrogation” torture. It’s a sign of progress that no one batted an eye at the “torture” bit and instead focused on the “folks” part. To their credit, even conservatives have come around to using the dreaded T word. Just kidding. Conservatives are freaking out:

Barack Obama is an inexperienced “celebrity” community organizer/campaigner-in-chief who won’t stop apologizing for America and was only elected president because of The Decemberists.

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Obama: "We Tortured Some Folks"

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John Brennan Needs to Leave the CIA, One Way or Another

Mother Jones

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What’s going on with the CIA hacking into Senate computers? Here’s a very brief, very telescoped timeline to get you up to speed:

2009: The Senate Intelligence Committee begins working on an investigation of CIA torture during the Bush administration. CIA Director Leon Panetta secretly orders a parallel internal review.

December 2012: The Senate finishes a draft of its report and submits it to the CIA for review and declassification.

March 2013: John Brennan takes over from Panetta as CIA director.

June 2013: The CIA issues a blistering response to the Senate report, vigorously disputing its conclusions that the CIA routinely engaged in brutal torture of detainees.

December 2013: Sen. Mark Udall reveals the existence of the “Panetta Review”—actually a series of memos—written at the same time Senate staffers were collecting material for their report. He suggests that it “conflicts with the official C.I.A. response to the committee’s report.” In plainer English: the CIA lied about what its own review concluded.

The CIA, apparently under the impression that Senate staffers had gotten access to the Panetta Review improperly—and had removed copies from their secure reading room at CIA headquarters—hacks into the computers used by Senate staffers. As part of their secret investigation, they read emails and do a keyword search to find out how the Senate staffers had gotten access to the memos.

January 2014: The CIA presents the results of its investigation to the Senate Intelligence Committee and accuses its staffers of misconduct.

March 2014: Sen. Dianne Feinstein launches a blistering attack on the CIA for hacking into the Senate computers in violation of an explicit agreement that they wouldn’t do so. Brennan counterattacks vigorously. “As far as the allegations of the CIA hacking into Senate computers, nothing could be further from the truth,” he says.

Yesterday: The CIA inspector general releases a report admitting that Senate staffers had done nothing wrong and that five CIA staffers did indeed hack into Senate computers. In other words, Panetta was very badly mistaken in March when he loudly insisted that nothing of the sort had happened.

So then: The CIA lied about the conclusions of its own internal review. The Senate found out about this. The CIA then hacked into Senate computers to find out how they had discovered the incriminating evidence. Then they lied again, denying that they had done this. David Corn lays out two possible explanations for Brennan’s misleading statements in March:

Either he knew that his subordinates had spied on the Senate staffers but had claimed otherwise, or he had not been told the truth by underlings and had unwittingly provided a false assertion to the public. Neither scenario reflects well upon the fellow who is supposed to be in-the-know about the CIA’s activities—especially its interactions with Congress on a rather sensitive subject.

Nope. Either way, he ought to resign or be fired. This is simply not excusable behavior in a public official.

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John Brennan Needs to Leave the CIA, One Way or Another

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Opposition to Obamacare Suddenly Spiked in July

Mother Jones

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Here’s the latest news on Obamacare from the Kaiser Family Foundation: it suddenly became a lot more unpopular in July:

So what happened? I can’t think of any substantive news that was anything but good, so I figure it must have been the Hobby Lobby decision. Did that turn people against Obamacare because they disapproved of the decision? Or because it reminded them that Obamacare pays for contraceptives? Or what? It’s a mystery, all the more so because every single demographic group showed the same spike. Democrats, Republicans, and Independents all spiked negative. The rich and the poor spiked negative. The young and the old spiked negative. Ditto for men, women, whites, blacks, and Hispanics. It’s a little hard to figure out why the Hobby Lobby decision would have affected everyone the same way, but I can’t think of anything else that happened over the past month that could have caused this. It certainly wasn’t John Boehner’s lawsuit, and I very much doubt it was the Halbig decision.

So it’s a bit of a puzzler—though perhaps another chart explains it. It turns out that in conversations with family and friends, people have heard bad things about Obamacare more than good things by a margin of 27-6 percent. Likewise, they’ve seen more negative ads than positive by a margin of 19-7 percent. Roughly speaking, the forces opposed to Obamacare continue to be louder and more passionate than the forces that support it. I don’t think that’s actually changed much recently, so it probably doesn’t explain the sudden spike in July’s polling. But it might explain part of it.

Or, it might just be a statistical blip. Who knows?

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Opposition to Obamacare Suddenly Spiked in July

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California Projects Very Modest Obamacare Rate Hikes in 2015

Mother Jones

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Good news from the Golden State!

Defying an industry trend of double-digit rate hikes, California officials said the more than 1.2 million consumers in the state-run Obamacare insurance exchange can expect modest price increases of 4.2% on average next year.

….”We have changed the trend in healthcare costs,” said Peter Lee, Covered California’s executive director. “This is good news for Californians.”….State officials and insurers credited the strong turnout during the first six-month enrollment window that ended in April for helping to keep 2015 rates in check.

It’s still early days for Obamacare, and it’s not yet clear if it deserves credit for keeping California’s rate hikes low. It may instead be due to the recent slow growth of medical costs nationally. Nonetheless, this is a very positive sign. California is a big market, and it’s one that’s traditionally seen steep rate hikes in the individual insurance market. At the very least, we can certainly say that conservative predictions of catastrophically high rate increases thanks to Obamacare have turned out to be groundless. Again.

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California Projects Very Modest Obamacare Rate Hikes in 2015

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Yes, the CIA Spied on the Senate

Mother Jones

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Earlier this year, CIA Director John Brennan accused staffers from the Senate Intelligence Committee of removing classified material from the CIA office where they were researching a report on the agency’s use of torture during the Bush administration. This turned out to be very poor tradecraft on Brennan’s part, since it implicitly revealed the fact that the CIA was spying on Senate staffers even though it wasn’t supposed to. Brennan tried to mount a suitably aggressive counterattack to Senate outrage over this, but today it all came crashing down:

CIA employees improperly accessed computers used by the Senate Intelligence Committee to compile a report on the agency’s now defunct detention and interrogation program, an internal CIA investigation has determined.

….The statement represented an admission to charges by the panel’s chairwoman, Dianne Feinstein, D-Calif., that the CIA intruded into the computers her staff used to compile the soon-to-be released report on the agency’s use of harsh interrogation methods on suspected terrorists in secret overseas prisons during the Bush administration.

CIA Director John Brennan briefed Feinstein and the committee’s vice chairman, Saxby Chambliss, R-GA, on the CIA inspector general’s findings and apologized to them during a meeting on Capitol Hill on Tuesday, Boyd said.

I find that my reaction remains one of schadenfreude. Dianne Feinstein and the rest of the Intelligence Committee seem to be mostly unconcerned with the omnipresent surveillance apparatus constructed by the US intelligence committee, so it’s hard to feel very sorry for them when they learn that this apparatus is also sometimes directed at Senate staffers. If this affair had persuaded a few senators that maybe our intelligence chiefs are less than totally honest about what they do, it might have done some good. But it doesn’t seem to have done that. With only a few exceptions, they’re outraged when the CIA spies on them, but that’s about it.

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Yes, the CIA Spied on the Senate

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This Is the Lamest Defense of GMO Foods Ever

Mother Jones

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Over on our environment blog, Chris Mooney posts an excerpt from an interview in which Neil deGrasse Tyson defends GMO foods:

“Practically every food you buy in a store for consumption by humans is genetically modified food,” asserts Tyson. “There are no wild, seedless watermelons. There’s no wild cows…You list all the fruit, and all the vegetables, and ask yourself, is there a wild counterpart to this? If there is, it’s not as large, it’s not as sweet, it’s not as juicy, and it has way more seeds in it. We have systematically genetically modified all the foods, the vegetables and animals that we have eaten ever since we cultivated them. It’s called artificial selection.”

This is a very common defense of GMO foods, but I’ve always found it to be the weakest, least compelling argument possible. It’s so weak, in fact, that I always wonder if people who make it are even operating in good faith.

It’s true that we’ve been breeding new and better strains of plants and animals forever. But this isn’t a defense of GMO. On the contrary, it’s precisely the point that GMO critics make. We have about 10,000 years of evidence that traditional breeding methods are basically safe. That’s why anyone can do it and it remains virtually unregulated. We have no such guarantee with artificial methods of recombinant DNA. Both the technique itself and its possible risks are completely different, and Tyson surely knows this. If he truly believed what he said, he’d be in favor of removing all regulation of GMO foods and allowing anyone to experiment with it. Why not, after all, if it’s really as safe as Gregor Mendel cross-breeding pea plants?

As it happens, I mostly agree with Tyson’s main point. Although I have issues surrounding the way GMO seeds are distributed and legally protected, the question of whether GMO foods are safe for human consumption seems reasonably well settled. The technology is new enough, and our testing is still short-term enough, that I would continue to err on the side of caution when it comes to approving GMO foods. Still, GMO breeds created under our current regulatory regime are basically safe to eat, and I think that lefty critics of GMO foods should stop cherry picking the evidence to scare people into thinking otherwise.

(Please send all hate mail to Tom Philpott. He can select just the juiciest ones to send along to me.)

But even with that said, we shouldn’t pretend that millennia of creating enhanced and hybrid breeds tells us anything very useful about the safety of cutting-edge laboratory DNA splicing techniques. It really doesn’t.

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This Is the Lamest Defense of GMO Foods Ever

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Quote of the Day: Vulture Fund Suing Argentina Is Just a Lonely Defender of the Free Market

Mother Jones

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Here is fellow hedge fund manager Daniel Loeb defending Paul Singer, the billionaire owner of the vulture fund that successfully forced Argentina into default because it was insisting on full payment for old Argentine bonds:

He doesn’t get into fights for the sake of fighting. He believes deeply in the rule of law and that free markets and free societies depend on enforcing it.

You betcha. Anytime a Wall Street tycoon is supposedly fighting for deep principles, hold onto your wallet. They don’t become billionaires because of their deep commitment to fair play and the unfettered operation of capital markets. However, there’s also this:

The big question, however, is whether Argentina will ever pay Elliott what it wants. If the firm fails to collect, that would underscore the limits of its legal strategy. There is no international bankruptcy court for sovereign debt that can help resolve the matter. Argentina may use the next few months to try to devise ways to evade the New York court. Debt market experts, however, do not see how any such schemes could avoid using global firms that would not want to fall afoul of Judge Griesa’s ruling.

This is an interesting point. Normally, Argentina would just continue to pay the holders of its “exchange” bonds and refuse to pay the vulture funds that refused to go along with the terms of its bankruptcy and restructuring a decade ago. Elliott and the other vultures would be out of luck. The problem is that Argentina’s payments are funneled through a US bank, and the judge in the case has forced US banks to halt payments.

But in all the articles I’ve read about this, I’ve never really seen an adequate explanation of why it’s so impossible to avoid funneling payments through the US. I get that Argentina can no longer use an American US bank. Also, I assume, they can’t use a big global bank that does business in the US. But surely there are mid-size banks that do no business in the US that could act as payment agents? If dollars were the issue, they could pay off in euros instead. I don’t know what it would take legally for Argentina to switch either payment agents or the denominations of its bonds, but it doesn’t sound impossible. And yet apparently it is. Why?

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Quote of the Day: Vulture Fund Suing Argentina Is Just a Lonely Defender of the Free Market

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There’s No Good Reason for Keeping OLC Opinions Confidential

Mother Jones

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President Obama’s nomination of David Barron to the First Circuit Court of Appeals has reopened a fight over whether the White House should release Barron’s memo (written when he worked at the Office of Legal Counsel) justifying drone strikes against Anwar al-Awlaki. Time reports:

Under pressure from liberals and libertarians that threatens to sink a judicial nomination, the Obama Administration is moving closer to releasing a classified legal justification for the use of drone strikes against Americans fighting for al-Qaeda, Administration officials tell TIME.

….The U.S. intelligence community and the Office of the Director of National Intelligence want the Administration not to release the memo. Also against release is the Office of Legal Counsel, which serves as the in-house legal expert on executive branch powers and which vigorously guards its opinions.

Greg Sargent comments:

The case for more transparency was spelled out recently by the New York Times, which argued: “the government has the right to secrets about its operations, but not secrets about its legal reasoning.”

If there is a convincing rebuttal to that argument, I haven’t heard it. Indeed, one person who may agree with it is President Obama, given that in his big national security speech last May, he said he’d tasked his administration to “extend oversight of lethal actions outside of war zones that go beyond our reporting to Congress.” What is the rationale for keeping the legal justification secret?

I’d go further. I’ve never really understood the rationale for any OLC opinions to stay confidential. In some sense, yes, there’s a case to be made for executive privilege: this is advice from one of the president’s aides to the president himself, and courts have ruled that presidents have a legitimate interest in keeping internal advice confidential in order to ensure that they get candid judgments. But that’s a helluva stretch in this case because OLC opinions go beyond mere advice. For all practical purposes, they have the force of law, since presidents use OLC opinions as the basis for determining what they can and can’t do.

Should the United States have secret laws? As it happens, the United States does have secret laws. That is, actual congressional statutes that you and I aren’t allowed to read. So this isn’t quite as unprecedented as it seems. Still, that’s a rare occurrence, while OLC opinions are routinely kept secret. Why? If specific bits and pieces need to be redacted, fine. But in a democracy, the legal reasoning justifying the enforcement of our laws should be a matter of public record. We should all know what the laws of the land are and how the executive branch is allowed to act on them. There’s really no compelling argument on the other side.

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There’s No Good Reason for Keeping OLC Opinions Confidential

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Glenn Greenwald: How I Met Edward Snowden

Mother Jones

This story first appeared on the TomDispatch website.

This essay is a shortened and adapted version of Chapter 1 of Glenn Greenwald’s new book, No Place to Hide: Edward Snowden, the NSA, and the US Security State, and appears at TomDispatch.com with the kind permission of Metropolitan Books.

On December 1, 2012, I received my first communication from Edward Snowden, although I had no idea at the time that it was from him.

The contact came in the form of an email from someone calling himself Cincinnatus, a reference to Lucius Quinctius Cincinnatus, the Roman farmer who, in the fifth century BC, was appointed dictator of Rome to defend the city against attack. He is most remembered for what he did after vanquishing Rome’s enemies: he immediately and voluntarily gave up political power and returned to farming life. Hailed as a “model of civic virtue,” Cincinnatus has become a symbol of the use of political power in the public interest and the worth of limiting or even relinquishing individual power for the greater good.

The email began: “The security of people’s communications is very important to me,” and its stated purpose was to urge me to begin using PGP encryption so that “Cincinnatus” could communicate things in which, he said, he was certain I would be interested. Invented in 1991, PGP stands for “pretty good privacy.” It has been developed into a sophisticated tool to shield email and other forms of online communications from surveillance and hacking.

In this email, “Cincinnatus” said he had searched everywhere for my PGP “public key,” a unique code set that allows people to receive encrypted email, but could not find it. From this, he concluded that I was not using the program and told me, “That puts anyone who communicates with you at risk. I’m not arguing that every communication you are involved in be encrypted, but you should at least provide communicants with that option.”

“Cincinnatus” then referenced the sex scandal of General David Petraeus, whose career-ending extramarital affair with journalist Paula Broadwell was discovered when investigators found Google emails between the two. Had Petraeus encrypted his messages before handing them over to Gmail or storing them in his drafts folder, he wrote, investigators would not have been able to read them. “Encryption matters, and it is not just for spies and philanderers.”

“There are people out there you would like to hear from,” he added, “but they will never be able to contact you without knowing their messages cannot be read in transit.” Then he offered to help me install the program. He signed off: “Thank you. C.”

Using encryption software was something I had long intended to do. I had been writing for years about WikiLeaks, whistleblowers, the hacktivist collective known as Anonymous, and had also communicated with people inside the US national security establishment. Most of them are concerned about the security of their communications and preventing unwanted monitoring. But the program is complicated, especially for someone who had very little skill in programming and computers, like me. So it was one of those things I had never gotten around to doing.

C.’s email did not move me to action. Because I had become known for covering stories the rest of the media often ignores, I frequently hear from all sorts of people offering me a “huge story,” and it usually turns out to be nothing. And at any given moment I am usually working on more stories than I can handle. So I need something concrete to make me drop what I’m doing in order to pursue a new lead.

Three days later, I heard from C. again, asking me to confirm receipt of the first email. This time I replied quickly. “I got this and am going to work on it. I don’t have a PGP code, and don’t know how to do that, but I will try to find someone who can help me.”

C. replied later that day with a clear, step-by-step guide to PGP: Encryption for Dummies, in essence. At the end of the instructions, he said these were just “the barest basics.” If I couldn’t find anyone to walk me through the system, he added, “let me know. I can facilitate contact with people who understand crypto almost anywhere in the world.”

This email ended with more a pointed sign-off: “Cryptographically yours, Cincinnatus.”

Despite my intentions, I did nothing, consumed as I was at the time with other stories, and still unconvinced that C. had anything worthwhile to say.

In the face of my inaction, C. stepped up his efforts. He produced a 10-minute video entitled PGP for Journalists.

It was at that point that C., as he later told me, became frustrated. “Here am I,” he thought, “ready to risk my liberty, perhaps even my life, to hand this guy thousands of Top Secret documents from the nation’s most secretive agency—a leak that will produce dozens if not hundreds of huge journalistic scoops. And he can’t even be bothered to install an encryption program.”

That’s how close I came to blowing off one of the largest and most consequential national security leaks in US history.

“He’s Real”
The next I heard of any of this was 10 weeks later. On April 18th, I flew from my home in Rio de Janeiro to New York, and saw on landing at JFK Airport, that I had an email from Laura Poitras, the documentary filmmaker. “Any chance you’ll be in the US this coming week?” she wrote. “I’d love to touch base about something, though best to do in person.”

I take seriously any message from Laura Poitras. I replied immediately: “Actually, just got to the US this morning… Where are you?” We arranged a meeting for the next day in the lobby at my hotel and found seats in the restaurant. At Laura’s insistence, we moved tables twice before beginning our conversation to be sure that nobody could hear us. Laura then got down to business. She had an “extremely important and sensitive matter” to discuss, she said, and security was critical.

First, though, Laura asked that I either remove the battery from my cell phone or leave it in my hotel room. “It sounds paranoid,” she said, but the government has the capability to activate cell phones and laptops remotely as eavesdropping devices. I’d heard this before from transparency activists and hackers but tended to write it off as excess caution. After discovering that the battery on my cell phone could not be removed, I took it back to my room, then returned to the restaurant.

Now Laura began to talk. She had received a series of anonymous emails from someone who seemed both honest and serious. He claimed to have access to some extremely secret and incriminating documents about the US government spying on its own citizens and on the rest of the world. He was determined to leak these documents to her and had specifically requested that she work with me on releasing and reporting on them.

Laura then pulled several pages out of her purse from two of the emails sent by the anonymous leaker, and I read them at the table from start to finish. In the second of the emails, the leaker got to the crux of what he viewed as his mission:

The shock of this initial period after the first revelations will provide the support needed to build a more equal internet, but this will not work to the advantage of the average person unless science outpaces law. By understanding the mechanisms through which our privacy is violated, we can win here. We can guarantee for all people equal protection against unreasonable search through universal laws, but only if the technical community is willing to face the threat and commit to implementing over-engineered solutions. In the end, we must enforce a principle whereby the only way the powerful may enjoy privacy is when it is the same kind shared by the ordinary: one enforced by the laws of nature, rather than the policies of man.

“He’s real,” I said when I finished reading. “I can’t explain exactly why, but I just feel intuitively that this is serious, that he’s exactly who he says he is.”

“So do I,” Laura replied. “I have very little doubt.”

I instinctively recognized the author’s political passion. I felt a kinship with our correspondent, with his worldview, and with the sense of urgency that was clearly consuming him.

In one of the last passages, Laura’s correspondent wrote that he was completing the final steps necessary to provide us with the documents. He needed another four to six weeks, and we should wait to hear from him.

Three days later, Laura and I met again, and with another email from the anonymous leaker, in which he explained why he was willing to risk his liberty, to subject himself to the high likelihood of a very lengthy prison term, in order to disclose these documents. Now I was even more convinced: our source was for real, but as I told my partner, David Miranda, on the flight home to Brazil, I was determined to put the whole thing out of my mind. “It may not happen. He could change his mind. He could get caught.” David is a person of powerful intuition, and he was weirdly certain. “It’s real. He’s real. It’s going to happen,” he declared. “And it’s going to be huge.”

“I Have Only One Fear”
A message from Laura told me we needed to speak urgently, but only through OTR (off-the-record) chat, an encrypted instrument for talking online securely.

Her news was startling: we might have to travel to Hong Kong immediately to meet our source. I had assumed that our anonymous source was in Maryland or northern Virginia. What was someone with access to top-secret US government documents doing in Hong Kong? What did Hong Kong have to do with any of this?

Answers would only come from the source himself. He was upset by the pace of things thus far, and it was critical that I speak to him directly, to assure him and placate his growing concerns. Within an hour, I received an email from Verax@******. Verax means “truth teller” in Latin. The subject line read, “Need to talk.”

“I’ve been working on a major project with a mutual friend of ours,” the email began. “You recently had to decline short-term travel to meet with me. You need to be involved in this story,” he wrote. “Is there any way we can talk on short notice? I understand you don’t have much in the way of secure infrastructure, but I’ll work around what you have.” He suggested that we speak via OTR and provided his user name.

My computer sounded a bell-like chime, signaling that the source had signed on. Slightly nervous, I clicked on his name and typed “hello.” He answered, and I found myself speaking directly to someone who I assumed had, at that point, revealed a number of secret documents about US surveillance programs and who wanted to reveal more.

“I’m willing to do what I have to do to report this,” I said. The source—whose name, place of employment, age, and all other attributes were still unknown to me—asked if I would come to Hong Kong to meet him. I did not ask why he was there; I wanted to avoid appearing to be fishing for information and I assumed his situation was delicate. Whatever else was true, I knew that this person had resolved to carry out what the US government would consider a very serious crime.

“Of course I’ll come to Hong Kong,” I said.

We spoke online that day for two hours, talking at length about his goal. I knew from the emails Laura had shown me that he felt compelled to tell the world about the massive spying apparatus the US government was secretly building. But what did he hope to achieve?

“I want to spark a worldwide debate about privacy, Internet freedom, and the dangers of state surveillance,” he said. “I’m not afraid of what will happen to me. I’ve accepted that my life will likely be over from my doing this. I’m at peace with that. I know it’s the right thing to do.” He then said something startling: “I want to identify myself as the person behind these disclosures. I believe I have an obligation to explain why I’m doing this and what I hope to achieve.” He told me he had written a document that he wanted to post on the Internet when he outed himself as the source, a pro-privacy, anti-surveillance manifesto for people around the world to sign, showing that there was global support for protecting privacy.

“I only have one fear in doing all of this,” he said, which is “that people will see these documents and shrug, that they’ll say, ‘We assumed this was happening and don’t care.’ The only thing I’m worried about is that I’ll do all this to my life for nothing.”

“I seriously doubt that will happen,” I assured him, but I wasn’t convinced I really believed that. I knew from my years of writing about NSA abuses that it can be hard to generate serious concern about secret state surveillance.

This felt different, but before I took off for Hong Kong, I wanted to see some documents so that I understood the types of disclosures the source was prepared to make.

I then spent a couple of days online as the source walked me through, step by step, how to install and use the programs I would need to see the documents.

I kept apologizing for my lack of proficiency, for having to take hours of his time to teach me the most basic aspects of secure communication. “No worries,” he said, “most of this makes little sense. And I have a lot of free time right now.”

Once the programs were all in place, I received a file containing roughly twenty-five documents: “Just a very small taste: the tip of the tip of the iceberg,” he tantalizingly explained.

I unzipped the file, saw the list of documents, and randomly clicked on one of them. At the top of the page in red letters, a code appeared: “TOP SECRET//COMINT/NO FORN/.”

This meant the document had been legally designated top secret, pertained to communications intelligence (COMINT), and was not for distribution to foreign nationals, including international organizations or coalition partners (NO FORN). There it was with incontrovertible clarity: a highly confidential communication from the NSA, one of the most secretive agencies in the world’s most powerful government. Nothing of this significance had ever been leaked from the NSA, not in all the six-decade history of the agency. I now had a couple dozen such items in my possession. And the person I had spent hours chatting with over the last two days had many, many more to give me.

As Laura and I arrived at JFK Airport to board a Cathay Pacific flight to Hong Kong, Laura pulled a thumb drive out of her backpack. “Guess what this is?” she asked with a look of intense seriousness.

“What?”

“The documents,” she said. “All of them.”

“README_FIRST”
For the next 16 hours, despite my exhaustion, I did nothing but read, feverishly taking notes on document after document. One of the first I read was an order from the secret Foreign Intelligence Surveillance Act (FISA) court, which had been created by Congress in 1978, after the Church Committee discovered decades of abusive government eavesdropping. The idea behind its formation was that the government could continue to engage in electronic surveillance, but to prevent similar abuse, it had to obtain permission from the FISA court before doing so. I had never seen a FISA court order before. Almost nobody had. The court is one of the most secretive institutions in the government. All of its rulings are automatically designated top secret, and only a small handful of people are authorized to access its decisions.

The ruling I read on the plane to Hong Kong was amazing for several reasons. It ordered Verizon Business to turn over to the NSA “all call detail records” for “communications (i) between the United States and abroad; and (ii) wholly within the United States, including local telephone calls.” That meant the NSA was secretly and indiscriminately collecting the telephone records of tens of millions of Americans, at least. Virtually nobody had any idea that the Obama administration was doing any such thing. Now, with this ruling, I not only knew about it but had the secret court order as proof.

Only now did I feel that I was beginning to process the true magnitude of the leak. I had been writing for years about the threat posed by unconstrained domestic surveillance; my first book, published in 2006, warned of the lawlessness and radicalism of the NSA. But I had struggled against the great wall of secrecy shielding government spying: How do you document the actions of an agency so completely shrouded in multiple layers of official secrecy? At this moment, the wall had been breached. I had in my possession documents that the government had desperately tried to hide. I had evidence that would indisputably prove all that the government had done to destroy the privacy of Americans and people around the world.

In 16 hours of barely interrupted reading, I managed to get through only a small fraction of the archive. But as the plane landed in Hong Kong, I knew two things for certain. First, the source was highly sophisticated and politically astute, evident in his recognition of the significance of most of the documents. He was also highly rational. The way he chose, analyzed, and described the thousands of documents I now had in my possession proved that. Second, it would be very difficult to deny his status as a classic whistleblower. If disclosing proof that top-level national security officials lied outright to Congress about domestic spying programs doesn’t make one indisputably a whistleblower, then what does?

Shortly before landing, I read one final file. Although it was entitled “README_FIRST,” I saw it for the first time only at the very end of the flight. This message was an explanation from the source for why he had chosen to do what he did and what he expected to happen as a result—and it included one fact that the others did not: the source’s name.

“I understand that I will be made to suffer for my actions, and that the return of this information to the public marks my end. I will be satisfied if the federation of secret law, unequal pardon, and irresistible executive powers that rule the world that I love are revealed for even an instant. If you seek to help, join the open source community and fight to keep the spirit of the press alive and the internet free. I have been to the darkest corners of government, and what they fear is light.

Edward Joseph Snowden, SSN: *****
CIA Alias “***** “
Agency Identification Number: *****
Former Senior Advisor | United States National Security Agency, under corporate cover
Former Field Officer | United States Central Intelligence Agency, under diplomatic cover
Former Lecturer | United States Defense Intelligence Agency, under corporate cover”

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Glenn Greenwald: How I Met Edward Snowden

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