Civil Liberties Media Articles

Excerpts of Key Civil Liberties Media Articles in Major Media

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Hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home, according to two former military intercept operators who worked at the giant National Security Agency (NSA) center in Fort Gordon, Georgia. "These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones," said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA's Back Hall at Fort Gordon from November 2001 to 2003. She said US military officers, American journalists and American aid workers were routinely intercepted and "collected on" as they called their offices or homes in the United States. Another intercept operator, former Navy Arab linguist, David Murfee Faulk, 39, said he and his fellow intercept operators listened into hundreds of Americans picked up using phones in Baghdad's Green Zone from late 2003 to November 2007. Both former intercept operators came forward at first to speak with investigative journalist [James] Bamford for a book on the NSA, The Shadow Factory, to be published next week. "It's extremely rare," said Bamford, who has written two previous books on the NSA, including the landmark Puzzle Palace which first revealed the existence of the super secret spy agency. "Both of them felt that what they were doing was illegal and improper, and immoral, and it shouldn't be done, and that's what forces whistleblowers."

Note: For many reports from major media sources of disturbing threats to privacy, click here.

A federal appeals court temporarily blocked the release of 17 Chinese-born Muslims detained at Guantanamo Bay, Cuba, a day after a landmark decision required them to be shipped to the U.S. The move Wednesday night by the U.S. Court of Appeals for the District of Columbia Circuit sets the stage for a protracted court battle over the fate of the men, who've been held for nearly seven years despite being cleared for release by the U.S. military. Tuesday, U.S. District Judge Ricardo Urbina had ordered the Bush administration to transfer the men to the U.S. by Friday. The Justice Department had launched a down-to-the wire effort to stop the release of the men from the ethnic Uighur minority by seeking an emergency delay of the ruling. If the court had refused to act, the Bush administration had threatened to ask the Supreme Court to intervene. Attorneys for the group, however, reacted with disappointment. "Seventeen men were told yesterday that they were going to be released after nearly seven years of wrongful detention," said Emi MacLean, an attorney for the Center for Constitutional Rights, which coordinates the representation of detainees including the Uighurs. "Now, they have to be told that their detention will continue to be indefinite." Urbina's decision marked the first time a court had ordered the transfer of Guantanamo detainees to the U.S. and could have prompted the release of others who've been cleared by the military. Urbina declared the continued detention of the Uighurs to be "unlawful" and said the government could no longer detain them after conceding they weren't enemy combatants.

Note: For many reports on the Bush/Cheney administration's unlawful denials of civil liberties, click here.

A federal judge on Tuesday ordered the Bush administration to release 17 detainees at Guantánamo Bay by the end of the week, the first such ruling in nearly seven years of legal disputes over the administration’s detention policies. The judge, Ricardo M. Urbina of Federal District Court, ordered that the 17 men be brought to his courtroom on Friday from the prison at Guantánamo Bay, Cuba, where they have been held since 2002. He indicated that he would release the men, members of the restive Uighur Muslim minority in western China, into the care of supporters in the United States, initially in the Washington area. “I think the moment has arrived for the court to shine the light of constitutionality on the reasons for detention,” Judge Urbina said. Saying the men had never fought the United States and were not a security threat, he tersely rejected Bush administration claims that he lacked the power to order the men set free in the United States and government requests that he stay his order to permit an immediate appeal. The ruling was a sharp setback for the administration, which has waged a long legal battle to defend its policies of detention at the naval base at Guantánamo Bay, arguing a broad executive power in waging war. Federal courts up to the Supreme Court have waded through detention questions and in several major cases the courts have rejected administration contentions. The government recently conceded that it would no longer try to prove that the Uighurs were enemy combatants, the classification it uses to detain people at Guantánamo, where 255 men are now held.

Note: For many disturbing reports from reliable, verifiable sources on threats to civil liberties, click here.

When the Supreme Court ruled in June that detainees at Guantánamo had the right to challenge their detention in federal court, the justices said that after more than six years of legal wrangling the prisoners should have their cases heard quickly because “the costs of delay can no longer be borne by those who are held in custody.” But nearly four months later, as the Bush administration has opened a new defense of its detention policies in federal court, none of the scores of cases brought by detainees have been resolved by any judge. Since the Supreme Court issued its ruling, lawyers for most of the 255 detainees in Guantánamo Bay, Cuba, have pressed ahead with habeas corpus lawsuits, yet most of those cases have been delayed by battles over issues like whether some court sessions will be held in secret, whether detainees can attend and what level of proof will justify detention. Some of the arguments made by the Justice Department appear to challenge the Supreme Court’s conclusion that the federal courts have a role in deciding the fate of the detainees. Officials and lawyers inside and outside of the government say the new legal confrontation suggests that the Bush administration will most likely continue its defense of the detention camp until the end of President Bush’s term and is not likely to close the camp, as administration officials have said they would like to do. Detainees’ advocates say that the administration is using the legal battle to delay judicial review of its evidence.

Note: For many disturbing reports from reliable, verifiable sources on threats to civil liberties, click here.

The United States military's Northern Command [NORTHCOM], formed in the wake of the September 11 terrorist attacks, is dedicating a combat infantry team to deal with catastrophes in the U.S., including terrorist attacks and natural disasters. The 1st Brigade Combat Team of the 3rd Infantry, which was first into Baghdad, Iraq, in 2003, started its controversial assignment [on October 1]. The First Raiders will spend 2009 as the first active-duty military unit attached to the U.S. Northern Command since it was created. They will be based in Fort Stewart, Georgia, and focus primarily on logistics and support for local police and rescue personnel, the Army says. The plan is drawing skepticism from some observers who are concerned that the unit has been training with equipment generally used in law enforcement, including beanbag bullets, Tasers, spike strips and roadblocks. That kind of training seems a bit out of line for the unit's designated role as Northern Command's CCMRF (Sea Smurf), or CBRNE Consequence Management Response Force. CBRNE stands for chemical, biological, radiological, nuclear and high-yield explosive incidents. Use of active-duty military as a domestic police force has been severely limited since passage of the Posse Comitatus Act following the Civil War. Bloggers are criticizing the new force, saying that because it has been training in law enforcement tactics it could be be used for domestic law enforcement.

Note: Naomi Wolf, author of Give Me Liberty and The End of America, considers this domestic deployment of combat troops to be a coup d'etat with frightening implications.

The Department of Homeland Security will proceed with the first phase of a controversial satellite-surveillance program, even though an independent review found the department hasn't yet ensured the program will comply with privacy laws. Congress provided partial funding for the program in a little-debated $634 billion spending measure that will fund the government until early March. For the past year, the Bush administration had been fighting Democratic lawmakers over the spy program, known as the National Applications Office. The program is designed to provide federal, state and local officials with extensive access to spy-satellite imagery. Since the department proposed the program a year ago, several Democratic lawmakers have said that turning the spy lens on America could violate Americans' privacy and civil liberties unless adequate safeguards were required. A new [but classified] 60-page Government Accountability Office report said the department "lacks assurance that NAO operations will comply with applicable laws and privacy and civil liberties standards." The report cites gaps in privacy safeguards. The department, it found, lacks controls to prevent improper use of domestic-intelligence data by other agencies and provided insufficient assurance that requests for classified information will be fully reviewed to ensure it can be legally provided. But the bill Congress approved, which President George W. Bush signed into law Tuesday, allows the department to launch a limited version.

Note: For many reports from major media sources of disturbing threats to privacy, click here.

The Bush administration has overturned a 22-year-old policy and now allows customs agents to seize, read and copy documents from travelers at airports and borders without suspicion of wrongdoing, civil rights lawyers in San Francisco said Tuesday in releasing records obtained in a lawsuit. The records also indicate that the government gives customs agents unlimited authority to question travelers about their religious beliefs and political opinions, said lawyers from the Asian Law Caucus and the Electronic Frontier Foundation. They said they had asked the Department of Homeland Security for details of any policy that would guide or limit such questioning and received no reply. "We're concerned that people of South Asian or Muslim-looking background are being targeted inappropriately" for questioning and searches, said Asian Law Caucus attorney Shirin Sinnar. The Bay Area legal groups filed a Freedom of Information Act suit against the government in February, seeking documents on the policies that govern searches and questioning of international travelers. The organizations said they had received more than 20 complaints in the previous year, mostly from South Asians and Muslims. The travelers said customs agents regularly singled them out when they returned from abroad, looked at their papers and laptop computers, and asked them such questions as whom they had seen on their trips, whether they attended mosques and whether they hated the U.S. government.

Note: For many reports from major media sources of rising threats to civil liberties, click here.

Baggage searches are SOOOOOO early-21st century. Homeland Security is now testing the next generation of security screening — a body scanner that can read your mind. Most preventive screening looks for explosives or metals that pose a threat. But a new system called MALINTENT turns the old school approach on its head. This Orwellian-sounding machine detects the person — not the device — set to wreak havoc. MALINTENT, the brainchild of the cutting-edge Human Factors division in Homeland Security's directorate for Science and Technology, searches your body for non-verbal cues that predict whether you mean harm to your fellow passengers. It has a series of sensors and imagers that read your body temperature, heart rate and respiration for unconscious [tell-tale signs] invisible to the naked eye. But this is no polygraph test. Subjects do not get hooked up or strapped down for a careful reading; those sensors do all the work without any actual physical contact. It's like an X-ray for bad intentions. When the sensors identify that something is off, they transmit warning data to analysts, who decide whether to flag passengers for further questioning. The next step involves micro-facial scanning, which involves measuring minute muscle movements in the face for clues to mood and intention. Homeland Security has developed a system to recognize, define and measure seven primary emotions and emotional cues that are reflected in contractions of facial muscles. MALINTENT identifies these emotions and relays the information back to a security screener almost in real time.

Note: For many more major-media reports on threats to civil liberties, click here.

A privacy group filed a class-action lawsuit on Thursday against the National Security Agency, President Bush and other officials, seeking to halt what it describes as illegal surveillance of Americans’ telephone and Internet traffic. The lawsuit parallels a legal action brought against the AT&T Corporation in 2006 by the same nonprofit group, the Electronic Frontier Foundation, charging that the company gave the N.S.A. access to its communications lines and customer records without proper warrants. Congress derailed that lawsuit this year by passing legislation granting immunity to telecommunications companies that had provided assistance to the agency, though the foundation has said it intends to challenge the constitutionality of the new law. A lawyer with the foundation, Kevin S. Bankston, said the new suit opened a “second front” against a “massively illegal fishing expedition through AT&T’s domestic networks and databases of customer records.” When Mr. Bush started the program in late 2001, the N.S.A. began eavesdropping inside the United States without court warrants for the first time since 1978, when Congress created the Foreign Intelligence Surveillance Court to oversee such intelligence collection. The suit’s plaintiffs are five AT&T customers, but it is filed on behalf of all customers. Like the 2006 suit, it is based in part on information from Mark Klein, a former AT&T technician who says he saw what he believed to be equipment installed by the N.S.A. at a company communications hub in San Francisco allowing the agency to filter a huge volume of Internet traffic.

Note: For many disturbing reports from major media sources of threats to privacy, click here.

The 3rd Infantry Division’s 1st Brigade Combat Team has spent 35 of the last 60 months in Iraq patrolling in full battle rattle. Now they’re training for the same mission — with a twist — at home. Beginning Oct. 1 for 12 months, the 1st BCT will be under the day-to-day control of U.S. Army North, the Army service component of Northern Command, as an on-call federal response force for natural or manmade emergencies and disasters. This new mission marks the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities. The mission will be a permanent one. They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack. The 1st BCT’s soldiers also will learn how to use “the first ever nonlethal package that the Army has fielded,” 1st BCT commander Col. Roger Cloutier said, referring to crowd and traffic control equipment and nonlethal weapons designed to subdue unruly or dangerous individuals without killing them. “It’s a new modular package of nonlethal capabilities that they’re fielding. They’ve been using pieces of it in Iraq, but this is the first time that these modules were consolidated and this package fielded, and because of this mission we’re undertaking we were the first to get it.”

Note: Positioning military troops in country to deal with internal matters violates the posse comitatus act, though the administration will argue that there is a national emergency allowing this.

There is apparently no limit to the Bush administration’s desire to invade Americans’ privacy in the name of national security. According to members of Congress, Attorney General Michael Mukasey is preparing to give the F.B.I. broad new authority to investigate Americans — without any clear basis for suspicion that they are committing a crime. Opening the door to sweeping investigations of this kind would be an invitation to the government to spy on people based on their race, religion or political activities. Mr. Mukasey has not revealed the new guidelines. But according to senators whose staff have been given limited briefings, the rules may also authorize the F.B.I. to use an array of problematic investigative techniques. Among these are pretext interviews, in which agents do not honestly represent themselves while questioning a subject’s neighbors and work colleagues. The F.B.I. has a long history of abusing its authority to spy on domestic groups, including civil rights and anti-war activists, and there is a real danger that the new rules would revive those dark days. Clearly, the Bush administration cannot be trusted to get the balance between law enforcement and civil liberties right. It has repeatedly engaged in improper and illegal domestic spying — notably in the National Security Agency’s warrantless eavesdropping program. The F.B.I. and the White House no doubt want to push the changes through before a new president is elected. There is no reason to rush to adopt rules that have such important civil liberties implications.

The federal government has been using its system of border checkpoints to greatly expand a database on travelers entering the country by collecting information on all U.S. citizens crossing by land, compiling data that will be stored for 15 years and may be used in criminal and intelligence investigations. The Border Crossing Information system, disclosed last month by the Department of Homeland Security in a Federal Register notice, ... reflects the growing number of government systems containing personal information on Americans that can be shared for a broad range of law enforcement and intelligence purposes, some of which are exempt from some Privacy Act protections. While international air passenger data has long been captured this way, Customs and Border Protection agents only this year began to log the arrivals of all U.S. citizens across land borders, through which about three-quarters of border entries occur. The volume of people entering the country by land prevented compiling such a database until recently. But the advent of machine-readable identification documents, which the government mandates eventually for everyone crossing the border, has made gathering the information more feasible. Critics say the moves exemplify efforts by the Bush administration in its final months to cement an unprecedented expansion of data gathering for national security and intelligence purposes. The data could be used beyond determining whether a person may enter the United States. For instance, information may be shared with foreign agencies when relevant to their hiring or contracting decisions.

The Justice Department has proposed a new domestic spying measure that would make it easier for state and local police to collect intelligence about Americans, share the sensitive data with federal agencies and retain it for at least 10 years. Law enforcement agencies would be allowed to target groups as well as individuals, and to launch a criminal intelligence investigation based on the suspicion that a target is engaged in terrorism or providing material support to terrorists. They also could share results with a constellation of federal law enforcement and intelligence agencies, and others in many cases. Michael German, policy counsel for the American Civil Liberties Union, said the proposed rule may [permit] police to collect intelligence even when no underlying crime is suspected. German, an FBI agent for 16 years, said easing established limits on intelligence-gathering would lead to abuses against peaceful political dissenters. He pointed to reports in the past six years that undercover New York police officers infiltrated protest groups before the 2004 Republican National Convention; that California state agents eavesdropped on peace, animal rights and labor activists; and that Denver police spied on Amnesty International and others before being discovered. "If police officers no longer see themselves as engaged in protecting their communities from criminals and instead as domestic intelligence agents working on behalf of the CIA, they will be encouraged to collect more information," German said. "It turns police officers into spies on behalf of the federal government."

Note: For many disturbing reports on increasing threats to civil liberties from reliable sources, click here.

The town of Postville, Iowa, population 2,000, has been turned into an open-air prison. On May 12, immigration officials swooped in to arrest 400 undocumented workers from Mexico and Guatemala at the local meat-packing plant, a raid described as the biggest such action at a single site in U.S. history. The raid left 43 women, wives of the men who were taken away, and their 150 children without status or a means of support. The women cannot leave the town, and to make sure they do not they have been outfitted with leg monitoring bracelets. "The women are effectively prisoners," said Father Paul Ouderkirk at St. Bridget's Roman Catholic Church. "What kind of a government makes prisoners of 43 mothers who all have children and then says, ‘You can't work, you can't leave and can't stay?' That boggles the imagination." Since the raid, St. Bridget's, with a staff of four, has raised $500,000 to pay for rent, clothing, food and other necessities of life. The men were taken to the National Cattle Congress building in Waterloo, Iowa, where immigration judges were on hand. They were charged and then sent to nine different prisons around the state. Fr. Ouderkirk said some of the men were deported and others are serving five-month prison terms for violating immigration laws - but he said no one ever explained why some were held and others sent home. The men were all working at Agriprocessors, believed to be the largest kosher meat-packing plant in the world. Fr. Ouderkirk and others have said the plant was a disgrace that abused workers who had little understanding of their rights.

Note: For many disturbing reports on increasing threats to civil liberties from reliable sources, click here.

The Big Apple is turning into Big Brother, civil liberties groups have warned in response to a new plan from New York city's police chiefs to photograph every vehicle entering Manhattan and hold the details on a massive database. As well as placing cameras at all tunnels and bridges into Manhattan, the 36-page plan, called Operation Sentinel, calls for a security ring to be erected at Ground Zero and for a 50-mile buffer zone around the city within which mobile units would search for nuclear or "dirty" bombs. [The] 3,000 cameras that could be mounted as a result of the plans of the New York police ... have provoked outrage in the United States. Donna Lieberman, director of the New York Civil Liberties Union, said the idea of tracking the movements of millions of people was "an assault on the country's historical respect for the right to privacy and the freedom to be left alone". The NYCLU is pressing the New York police to release further details of its intentions under freedom of information laws. The toughest element of the scheme relates to preparations to secure Ground Zero once the six-hectare site is rebuilt and open to the public again. Those measures include moveable roadblocks, security cameras across lower Manhattan and an underground bomb-screening centre through which all delivery vehicles would have to pass. The plan to video the number plates of every vehicle would be applied to all points of entry into Manhattan, including the main Brooklyn-Battery, Holland, Lincoln and Midtown tunnels and Brooklyn, Manhattan and other bridges.

Note: For lots more on threats to privacy from major media sources, click here.

Attorney General Michael Mukasey confirmed plans ... to loosen post-Watergate restrictions on the FBI's national security and criminal investigations. Mukasey said he expected criticism of the new rules because "they expressly authorize the FBI to engage in intelligence collection inside the United States." The Justice Department ... is expected to publicly release the final version within several more weeks. Even then, portions are expected to remain classified for national security reasons. Nonetheless, Mukasey provided enough detail Wednesday to alarm civil libertarians. Michael German, a former veteran FBI agent who is now policy counsel for the American Civil Liberties Union, said if Mukasey moves ahead with the new rules as he describes them, he'll be weakening restrictions originally put in place after the Watergate scandal to rein in the FBI's domestic Counter Intelligence Program, or COINTELPRO. "I'm concerned with the way the attorney general frames the problem," German said. "He talks about 'arbitrary or irrelevant differences' between criminal and national security investigations but these were corrections originally designed to prevent the type of overreach the FBI engaged in for years." German said recent events demonstrated that Mukasey needed to strengthen the FBI's guidelines, not "water them down. ... What the attorney general is doing is expanding the bureau's intelligence collection without addressing the mismanagement within the FBI. If you have an agency collecting more with less oversight, it's only going to get worse."

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CBS4 News has learned if mass arrests happen at the Democratic Convention, those taken into custody will be jailed in a warehouse owned by the City of Denver. Protesters have already given this place a name: "Gitmo on the Platte." Inside are dozens are metal cages. They are made out of chain link fence material and topped by rolls of barbed wire. In past conventions, mass arrests have taken place. Each of the fenced areas is about 5 yards by 5 yards and there is a lock on the door. A sign on the wall reads "Warning! Electric stun devices used in this facility." CBS4 showed its video to leaders of groups that plan to demonstrate during the convention. "Very bare bones and very reminiscent of a political prisoner camp or a concentration camp," said Zoe Williams of Code Pink. "That's how you treat cattle," said Adam Jung of the group Tent State University. "You showed the sign where it said stun gun in use and you just change the word gun for bolt and it's a meat processing plant." The American Civil Liberties Union is asking the City of Denver how prisoners will get access to food and water, bathrooms, telephones, plus medical care, and if there will be a place to meet with attorneys.

Note: For many reliable and verifiable reports on threats to a free and fair electoral process in the U.S., click here.

Across the country, police are using GPS devices to snare [criminal suspects], often without a warrant or court order. Privacy advocates said tracking suspects electronically constitutes illegal search and seizure, violating Fourth Amendment rights of protection against unreasonable searches and seizures, and is another step toward George Orwell's Big Brother society. With the ... ever-declining cost of the technology, many analysts believe that police will increasingly rely on GPS ... and that the public will hear little about it. "I've seen them in cases from New York City to small towns -- whoever can afford to get the equipment and plant it on a car," said John Wesley Hall, president of the National Association of Criminal Defense Lawyers. "And of course, it's easy to do. You can sneak up on a car and plant it at any time." Details on how police use GPS usually become public when the use of the device is challenged in court. Leibig said GPS should be held to a different standard because it provides greater detail. "While it may be true that police can conduct surveillance of people on a public street without violating their rights, tracking a person everywhere they go and keeping a computer record of it for days and days without that person knowing is a completely different type of intrusion," he said. Barry Steinhardt, director of the American Civil Liberties Union's technology and liberty program, considers GPS monitoring, along with license plate readers, toll transponders and video cameras with face-recognition technology, part of the same trend toward "an always-on, surveillance society."

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The Defense Intelligence Agency's newly created Defense Counterintelligence and Human Intelligence Center is going to have an office authorized for the first time to carry out "strategic offensive counterintelligence operations," according to Mike Pick, who will direct the program. Such covert offensive operations are carried out at home and abroad against people known or suspected to be foreign intelligence officers or connected to foreign intelligence or international terrorist activities. The investigative branches of the three services -- the Army's Counterintelligence Corps, the Air Force Office of Special Investigations and the Naval Criminal Investigative Service -- have done secret offensive counterintelligence operations for years, and now DIA has been given the authority. Two years ago, the DIA asked then-Undersecretary of Defense Stephen A. Cambone for authority to run offensive operations along with a newer Pentagon intelligence agency, the Counterintelligence Field Activity (CIFA). Cambone agreed to a two-year trial. Defense Secretary Robert M. Gates recently approved the merger of CIFA into the new DIA center. Senior Defense Department officials and the combat commanders overseas will now decide what to do with the DIA's new offensive operational authority.

Note: For penetrating reports on the realities of the "war on terror" from major media sources, click here.

For nearly seven years, scientist Bruce E. Ivins and a small circle of fellow anthrax specialists at Fort Detrick's Army medical lab lived in a curious limbo: They served as occasional consultants for the FBI in the investigation of the deadly 2001 anthrax attacks, yet they were all potential suspects. Over lunch in the bacteriology division, nervous scientists would share stories about their latest unpleasant encounters with the FBI and ponder whether they should hire criminal defense lawyers. In tactics that the researchers considered heavy-handed and often threatening, they were interviewed and polygraphed as early as 2002, and reinterviewed numerous times. Their labs were searched, and their computers and equipment carted away. The FBI eventually focused on Ivins, whom federal prosecutors were planning to indict when he committed suicide last week. Colleagues and friends of the vaccine specialist remained convinced that Ivins was innocent: They contended that he had neither the motive nor the means to create the fine, lethal powder that was sent by mail to news outlets and congressional offices in the late summer and fall of 2001. Mindful of previous FBI mistakes in fingering others in the case, many are deeply skeptical that the bureau has gotten it right this time. "I really don't think he's the guy. I say to the FBI, 'Show me your evidence,' " said Jeffrey J. Adamovicz, former director of the bacteriology division at the U.S. Army Medical Research Institute for Infectious Diseases, or USAMRIID. "A lot of the tactics they used were designed to isolate him from his support. The FBI just continued to push his buttons."

Note: For revealing insights into the realities behind the war on terror, click here.

Important Note: Explore our full index to key excerpts of revealing major media news articles on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.