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Here’s What Happens When You Challenge the CIA Through “Proper Channels”

Mother Jones

One of the standard criticisms of Edward Snowden is that he should have tried harder to air his concerns via proper channels. This is fairly laughable on its face, since even now the NSA insists that all its programs were legal and it continues to fight efforts to change them or release any information about them. Still, maybe Snowden should have tried. What harm could it have done?

Today, Greg Miller of the Washington Post tells us the story of Jeffrey Scudder, who worked in the CIA’s Historical Collections Division. This is a division explicitly set up to look for old documents that can be safely released to the public. Scudder discovered thousands of documents he thought should be released, and he worked diligently through channels to make this happen. When that ran into repeated roadblocks, he eventually decided to try to force the CIA’s hand—legally, openly—by filing requests under the Freedom of Information Act:

Scudder’s FOIA submissions fell into two categories: one seeking new digital copies of articles already designated for release and another aimed at articles yet to be cleared. He made spreadsheets that listed the titles of all 1,987 articles he wanted, he said, then had them scanned for classified content and got permission to take them home so he could assemble his FOIA request on personal time.

….Six months after submitting his request, Scudder was summoned to a meeting with Counterintelligence Center investigators and asked to surrender his personal computer. He was placed on administrative leave, instructed not to travel overseas and questioned by the FBI.

….On Nov. 27, 2012, a stream of black cars pulled up in front of Scudder’s home in Ashburn, Va., at 6 a.m. FBI agents seized every computer in the house, including a laptop his daughter had brought home from college for Thanksgiving. They took cellphones, storage devices, DVDs, a Nintendo Game Boy and a journal kept by his wife, a physical therapist in the Loudoun County Schools.

The search lasted nearly four hours, Scudder said. FBI agents followed his wife and daughters into their bedrooms as they got dressed, asking probing questions. “It was classic elicitation,” Scudder said. “How has Jeff been? Have you noticed any unexplained income? Cash? Mood changes?”

….Last summer, the board recommended that Scudder be fired. Around the same time, he was shown a spreadsheet outlining his possible pension packages with two figures — one large and one small — underlined. He agreed to retire.

So, um, yeah. Snowden should have tried harder to work through proper channels. What harm could it have done?

At this point, of course, I have to add the usual caveat that we have only Scudder’s side of this story. The CIA naturally declines to comment. This means it’s possible that Scudder really did do something wrong, but spun a self-serving version of his story for Miller’s benefit. We’ll never know for sure. Nonetheless, I think it’s safe to say that this isn’t exactly a testimonial for aggressively trying to work through the proper channels, even if your goal is the relatively harmless one of releasing historical documents that pose no threats to operational security at all. By comparison, it’s pretty obvious that having his pension reduced would have been the least of Snowden’s worries.

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Here’s What Happens When You Challenge the CIA Through “Proper Channels”

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Does America Finally Have World Cup Fever?

Mother Jones

I’ve been reading a lot of articles about how this year’s World Cup is a lot more popular in America than any previous World Cup. I’ve also read several backlash pieces debunking the idea that we’re all about to go soccer mad. I’m not sure which to believe.

But there really does seem to be something different this year. I’ve personally watched all or most of the World Cup games so far, and I’m pretty sure that in past years I’ve hardly watched any. Why? Beats me. I’m not really any more interested in soccer than I’ve ever been.

Or am I? As kind of a joke, I started rooting for Manchester United back in 2008 because they were sponsored by AIG. After the US government basically took over AIG, I figured that meant Man U was America’s team. But joke though it may have been, over the last few years I have indeed found myself checking the Premier League standings periodically and even watching the odd match when it appears on American TV. Perhaps that’s primed me to look forward to the World Cup.

Or maybe it’s just time zones. This is the first World Cup since 1994 that Americans could watch live at a reasonable hour. And we all know that being able to watch live is critical to sports viewership.1 So maybe that’s all it is.

How about you? Have you been watching more World Cup than usual this year? Why? Is it because you care more about soccer than you used to? Or something else?

1Except for the Olympics, for some reason.

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Does America Finally Have World Cup Fever?

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Obama Wasn’t a Silver Bullet, and Neither Is Hillary Clinton

Mother Jones

Noam Scheiber has a piece in the current issue of the New Republic about Hillary Clinton’s imminent takeover of the Democratic Party, and today Ezra Klein interviewed him about it. Klein was especially interested in the argument that Obama’s 2008 supporters were so disillusioned by Obama’s failure to change Washington that they’re now eager to support an old-school politico like Hillary. Here’s Scheiber:

Back in 2008, Hillary Clinton made this kind of snide, but in retrospect apt, critique of Obama where she said that Obama thinks he’ll get to Washington and the heavens will part and the Republicans will cooperate, but that just won’t happen. So I asked some of these Obama supporters if she was right. And a lot of these people remembered those comments and being annoyed by them. But they all said she was actually a bit right. We were a bit naive then, they said. People used the word naive a lot in these conversations.

I’m not sure I’ve ever fully fessed up to this, so this is as good a time as any. For years, I really didn’t believe the conservative snark about how Obama supporters all thought he would descend on Washington like a god-king and miraculously turn us into a post-racial, post-partisan, post-political country. Kumbaya! The reason I didn’t believe it was that it never struck me as even remotely plausible. Did Obama give soaring speeches? Sure, he’s a politician. Did he promise to change the way Washington works? Sure, he’s a politician. Did he promise to pass historic legislation in dozens of different areas? Sure, he’s a politician.

It just never occurred to me that anyone took this stuff seriously. It’s a presidential campaign! Of course he’s promising a chicken in every pot. That’s what presidential candidates do. I believed then, and still believe now, that Obama is basically a mainstream Democrat who’s cautious, pragmatic, technocratic, and incremental. In fact, that seemed so obvious to me that I never really credited the idea that anyone could seriously see him any differently.

Well, I guess that was naive on my part. By now, the evidence is clear that millions of Obama voters really believed all that boilerplate rhetoric. Naturally, then, they’re bitterly disappointed at the real-world Obama. Well, I’m disappointed in some ways too—mostly in the areas of foreign policy and national security—but I continue to think he’s a pretty good president because my expectations were tempered to begin with.

Nor do I think Hillary would have done any better. Probably worse, I’d say. After all, once he was in office, it’s not as if Obama acted like he believed his campaign-trail rhetoric. He hired a bunch of pretty ordinary staffers and got to work passing pretty ordinary legislation. Is the theory here that Hillary would have figured out some magical points of leverage that Obama didn’t? That she would have done better because Republicans like her more than Obama? Please.

I have pretty mixed feelings about a Hillary Clinton candidacy. On the one hand, I’ve long admired her obviously sincere dedication to public service in the face of abuse that would destroy a weaker person. On the other hand, another Clinton? This is no fault of hers, but I’m not sure I’m any more excited about that than I am about the prospect of another Bush. Maybe it’s time to move on.

Either way, though, I sure hope all those folks who are disappointed by Obama don’t think that Hillary is some sort of silver bullet either. If she runs and wins, she’ll be dealing with exactly the same kind of Republican obstructionism as Obama—and she’ll have just as much trouble getting anything done.

If disappointed Dems really want to change things, they have only one option: figure out a way to take back Congress in 2016. That’s it. Until and unless that happens, George Washington himself wouldn’t be any more effective than Obama has been.

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Obama Wasn’t a Silver Bullet, and Neither Is Hillary Clinton

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Obama Fights Back on Highways

Mother Jones

President Obama needled Republicans yesterday about not passing a highway bill. “I mean, they’re not doing anything,” he said, “Why don’t they do this?” Today Paul Waldman told him:

Well, the reason they don’t do it isn’t hard to figure out: It costs money, and that means raising taxes to pay for it, which Republicans don’t like to do. We could also pay for it with deficit spending, but they don’t like that, either. And while the jokes are certainly good for a laugh from a friendly crowd, I’m not sure whether Obama thinks that’s actually going to make Republicans more inclined to work with him on this.

That’s Obama’s eternal problem, isn’t it? Early in his presidency he bent over backwards to play nice with Republicans, and got savaged for it by lefties. “Get tough!” they said. But he played nice because he had no choice. He needed two or three Republican votes to pass anything, and if he’d played hardball he wouldn’t have gotten them.

Now, having given up on Republican cooperation, he’s playing hardball and….getting criticism that this kind of thing isn’t likely to make Republicans any more inclined to work with him. Damned if he does, damned if he doesn’t.

Oh well. That’s life in the White House. The reality, of course, is even worse than Waldman paints it. Republicans don’t actually have to raise gasoline taxes at all. All they have to do is vote to keep them constant when you adjust for inflation. But keeping taxes constant still makes them higher than allowing them to decline automatically every year, so in Republican theology this counts as a tax hike. And that means no highways for you. Republicans would rather let them crumble into dust than approve so much as a penny in additional gasoline taxes.

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Obama Fights Back on Highways

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Did the White House Create a Bunch of Fake Lois Lerner Emails?

Mother Jones

Howard Kurtz thinks Jon Stewart is going too damn easy on our current president:

When it comes to Obama, the humor is gentle. I do recall Stewart pummeling the president over the botched ObamaCare rollout. But on the IRS scandal this week, he mocked the tax agency for almost criminal stupidity in losing all those emails—but never questioned whether the Obama administration is engaged in a coverup.

Yes, Kurtz actually wrote that. He thinks Jon Stewart should have entertained the possibility that someone in the White House invented a time machine and wrote a bunch of emails in 2011 asking the IT department at the IRS to fix Lois Lerner’s crashed hard drive. Maybe it was the same time machine that inserted Obama’s birth record in the Honolulu Advertiser in 1961. Or, perhaps, Mission Impossible-like, a crack team of forgers ginned up a bunch of fake emails that just looked like they were from 2011.

Look, I’m not saying that’s what’s happened. I’m just asking the question. It’s what any responsible journalist would do.

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Did the White House Create a Bunch of Fake Lois Lerner Emails?

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Friday Cat Blogging – 27 June 2014

Mother Jones

Here is Domino peeking out from under one of Marian’s sweatshirts. I guess cats just like caves. It’s not like it’s been chilly around here these days.

And now, I’m off to the dentist to see if we can finally install a crown. The first two didn’t fit properly, so we’re hoping third time’s the charm. It will be nice to be able to chew on both sides of my mouth again.

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Friday Cat Blogging – 27 June 2014

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President Obama Has Finally Learned the Limits of American Military Power

Mother Jones

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I’ve been meaning to make note of something about Iraq for a while, and a story today in the LA Times provides the perfect hook:

A group of U.S. diplomats arrived in Libya three years ago to a memorable reception: a throng of cheering men and women who pressed in on the startled group “just to touch us and thank us,” recalled Susan Rice, President Obama’s national security advisor….But in three years Libya has turned into the kind of place U.S. officials most fear: a lawless land that attracts terrorists, pumps out illegal arms and drugs and destabilizes its neighbors.

….Now, as Obama considers a limited military intervention in Iraq, the Libya experience is seen by many as a cautionary tale of the unintended damage big powers can inflict when they aim for a limited involvement in an unpredictable conflict….Though they succeeded in their military effort, the United States and its North Atlantic Treaty Organization allies fell short in the broader goal of putting Libya on a path toward democracy and stability. Exhausted after a decade of war and mindful of the failures in Iraq, U.S. officials didn’t want to embark on another nation-building effort in an oil-rich country that seemed to pose no threat to Western security.

But by limiting efforts to help the new Libyan government gain control over the country, critics say, the U.S. and its allies have inadvertently helped turn Libya into a higher security threat than it was before the military intervention.

The view of the critics in this piece is pretty predictable: no matter what happens in the world, their answer is “more.” And whenever military intervention fails, it’s always because we didn’t do enough.

But I don’t think Obama believes this anymore. He mounted a surge in Afghanistan, and it’s pretty plain that it’s accomplished very little in the way of prompting reconciliation with the Taliban or setting the stage for genuine peace. Even lasting stability seems unlikely at this point. That experience made him reluctant to intervene in Libya, but he eventually got talked into it and within a couple of years that turned to shit too. Next up was Syria, and this time his reluctance was much more acute. There would be some minor steps to arm the anti-Assad rebels, but that was it. There was a brief moment when he considered upping our involvement over Syria’s use of chemical weapons, but then he backed off via the expedient of asking for congressional approval. Congress, as Obama probably suspected from the start, was unwilling to do more than whine. When it came time to actually voting for the kind of action they kept demanding, they refused.

By now, I suspect that Obama’s reluctance to support military intervention overseas is bone deep. The saber rattlers and jingoists will never change, but he never really cared about them. More recently, though, I think he’s had the same epiphany that JFK had at one time: the mainstream national security establishment—in the Pentagon, in Congress, in the CIA, and in the think tanks—simply can’t be trusted. Their words are more measured, but in the end they aren’t much different from the perma-hawks. They always want more, and deep in their hearts the only thing they really respect is military force. In the end, they’ll always push for it, and they’ll always insist that this time it will work.

But I don’t think Obama believes that anymore, and I think he’s far more willing to stand up to establishment pressure these days. This is why I’m not too worried about the 300 advisors he’s sent to Iraq. A few years ago, this might very well have been the start of a Vietnam-like slippery slope into a serious recommitment of forces. Today, I doubt it. Obama will provide some limited support, but he simply won’t be badgered into doing more. Deep in his heart, he now understands that Iraq’s problem is fundamentally political. Until there’s some chance of forging a genuine political consensus, American troops just can’t accomplish much.

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President Obama Has Finally Learned the Limits of American Military Power

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Digital Privacy Is Fundamentally Different From Physical Privacy

Mother Jones

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Tim Lee argues—or perhaps merely hopes—that yesterday’s decision protecting cell phones from warrantless searches might signal a turning point for the Supreme Court’s attitude toward digital information in general:

The government has typically pursued a simple legal strategy when faced with digital technologies. First, find a precedent that gave the government access to information in the physical world. Second, argue that the same principle should apply in the digital world, ignoring the fact that this will vastly expand the government’s snooping power while eroding Americans’ privacy.

….The government hoped the Supreme Court would take this same narrow, formalistic approach in this week’s cell phone privacy case. It wanted the justices to pretend that rifling through the vast quantity of personal information on a suspect’s cell phone is no different from inspecting other objects that happen to be in suspects’ pockets. But the Supreme Court didn’t buy it.

….The Supreme Court clearly recognizes that in the transition from information stored on paper to information stored in computer chips, differences of degree can become differences of kind. If the police get access to one letter or photograph you happen to have in your pocket, that might not be a great privacy invasion. If the police get access to every email you’ve received and every photograph you’ve taken in the last two years, that’s a huge invasion of privacy.

This is a problem that’s been getting more acute for years. The basic question is whether courts should recognize the fact that digital access to information removes practical barriers that are important for privacy. For example, the state of California keeps lots of records about me that are legally public: DMV records, property records, birth and marriage records, etc. In the past, practically speaking, the mere fact that they were physical records provided me with a degree of privacy. It took a lot of time and money to dig through them all, and this meant that neither the government nor a private citizen would do it except in rare and urgent cases.

In the digital world, that all changes. If a police officer has even a hint of curiosity about me, it takes only seconds to compile all this information and more. In a technical sense, they don’t have access to anything they didn’t before, but in a practical sense I’ve lost a vast amount of privacy.

In the past, the Supreme Court has rarely (never?) acknowledged this. In yesterday’s cell phone case, they not only acknowledged it, they acknowledged it unanimously. Is it possible that this means they’ll be applying a more skeptical view to similar cases in the future? Or even revisiting some of their past decisions in light of the continuing march of technology? We don’t know yet, but it’s certainly possible. Maybe the Supreme Court has finally entered the 21st century.

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Digital Privacy Is Fundamentally Different From Physical Privacy

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The US Economy Imploded Last Quarter

Mother Jones

Yikes. In the first quarter GDP didn’t grow by an anemic 0.1 percent. Nor did it shrink by 1 percent. According to the Commerce Department’s final tally, it shrunk by 2.9 percent.

Everyone is brushing this off because other economic signals suggest it was a one-off event. And maybe so. But even if it is, it probably knocks about 1 percent off the full-year figure compared to a more normal growth rate of, say, at least 2 percent. The only way it turns out to be a nothingburger is if this number really is an anomaly and the economy makes up for it with supercharged growth for the rest of the year.

I have my doubts about that. I just don’t buy the tired excuse that the Q1 number was weather related. Something happened.

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The US Economy Imploded Last Quarter

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Adding a Private Option to VA Health Care Is Going to Cost a Bundle. We Should Study Whether It Works.

Mother Jones

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As part of the deal to fund new VA facilities in underserved areas, Democrats agreed to a Republican proposal that would allow veterans to seek private health care if they live more than 40 miles from a VA facility or if they have been waiting more than 30 days for an appointment. Here’s what the CBO has to say about that:

Maybe this is a good thing. Better access to health care means more people will sign up for health care, and they’ll do it via private providers. That’s the basic idea behind Obamacare, after all. Of course, it’s also possible that this might be a bad thing. As Phil Longman points out, outsourced care lacks the very thing that makes VA care so effective: “an integrated, evidence-based, health care delivery system platform that is aligned with the interests of its patients.”

Because the VA truly is a system, it can coordinate among all the different specialists and other health care providers who are necessarily involved in patient care these days. And because it operates as a system, the VA can also make sure that all these medical professionals are working from a common electronic medical record and adhering to established, evidence-based protocols of care—not inadvertently ordering up dangerous combinations of drugs, or performing unnecessary surgeries and tests just to make a buck.

So which is it? Beats me. That’s why I sure hope someone is authorizing some money to study this from the start. It’s a great opportunity to compare public and private health care on metrics of both quality and cost. It’s not a perfect RCT, but it’s fairly close, since the people who qualify for private care are a fairly random subsegment of the entire VA population. If we study their outcomes over the next few years, we could learn a lot.

And that’s important, because this isn’t cheap. As CRFB points out, if this policy is extended beyond its initial pilot period it will cost more than we saved from the entire defense sequester and more than Medicare Part D. This is an opportunity that shouldn’t be passed up.

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Adding a Private Option to VA Health Care Is Going to Cost a Bundle. We Should Study Whether It Works.

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