Fed. Appeals Court Says "Screw You" To Civil Liberties And Your Freedom To Dissent

While the words "screw you" may not officially be in the decision rendered by the Second Circuit, their bad judgment reflects that attitude. The issue at hand is the NYPD's habit of infiltrating groups that protest our government (sanctioned by that thing called the First Amendment supposedly) and spying on those that speak up and hold their government accountable. Specfically the matter references the protests at the 2004 RNC and the policies of the Bush Administration.

The New York Civil Liberties Union went to court to ensure that the cops' records are made public...but no dice says the Court.

From RawStory:

On Wednesday, a panel from the US District Court of Appeals for the Second Circuit ruled (PDF) that the NYPD can keep the documents secret, because releasing them would jeopardize police investigations by releasing the identities of the NYPD's undercover officers.[...]

The appeals court's ruling overturns a federal judge's order last year that the city hand over the documents to the NYCLU. That judge had upheld an earlier ruling that the documents could be released with sensitive details "redacted" so as to hide the identities of undercover officers.

But the appeals court rejected that argument, saying that the lower court had made "errors" in its ruling. The plaintiffs, the appeals court ruled, hadn't proved a "compelling need" to have the documents released.

The court has “wisely recognized the fundamental importance to public safety of protecting undercover identities and maintaining the integrity of their methods,” NYPD Commissioner Raymond W. Kelly told the Times. "This was an important decision for New York and for the protection of society at large."

Since when is proving the innocence of the wrongly imprisoned and falsely accused not been a compelling need for information to be released from a police force that is meant to protect and serve? The Appeals Court rests their argument on a falsehood, because as the lower Court held, redacting sensitive information such as officers' names would have allowed both the accused and accusers essential protections and liberties. Commissioner Kelly compounds it with his empty rhetoric that we are all now somehow safer because cops can hide behind their badge while conducting mass arrests and spying on their fellow citizens.

Obama may be President for a while now, but because he has hardly put anyone into Federal bench judge positions our civil liberties continue to erode before our very eyes.

Brownback Outraged By Chinese Domestic Spying; Here At Home, Eh, Not So Much

Senator Sam Brownback was livid about the Chinese government's plans to spy on people at Beijing hotels during the Olympics. I have to agree with him, spying on people (specifically here their internet use) is terrible and should be stopped. The freer information is, the better. Though I have to wonder where his soapbox on this was when FISA was being voted on. Since the Republicans voted in lockstep to let the President spy on Americans, his name is in there to allow for the same thing right here at home. So what's going on here?

From ThinkProgress:

This morning on CNN, asked by host John Roberts if China’s action amounts to “spying,” Brownback continued his outrage:

BROWNBACK: This is the public security bureau in China requiring the installation of hardware that they can listen to anybody and everybody’s and their communications and their recordings that are sent over the internet in a real-time purpose or over long-term. That’s spying, John. […] Your internet communications can all be monitored in a real time basis by the public security bureau of the Chinese government. I think they’re clearly intent upon spying. they’re going to be spying.

Brownback also recently voted for the FISA reform legislation which gave the government greater powers “to tap directly into the U.S. telecommunications systems in order to monitor international emails and telephone calls with no individual warrant required.”

When asked about the difference between the Chinese and American spying practices, Brownback said, “We don’t put the hardware and software on hotels.” He added that the Chinese program can be used “on journalists,” “on athletes,” “on their families,” “democracy advocates,” and “human rights advocates ” — seemingly oblivious that all these groups could be spied on here as well. (HT: Atrios)

So is he dumb or just outright lying to all of us? Although Sam made some comments to the contrary of what George W. wanted to hear from his brethren in Congress, he still voted for FISA and is for what companies like AT&T and Verizon want to hear. Giving them more power and free reign is the wrong recipe for all of us, especially now that they know they can get away with helping an executive break the law as long as it's for "national security."

Authorities Continue To Waste Resources Spying On Peaceniks

In this day and age, you would think law enforcement officials would have the wherewithal to know that those that wish to do us harm are not advocates of peace. Terrorists believe in violence to achieve their ends (kinda like George Bush). So even after embarrassing stories in the past documenting police officials infiltrating peace groups to obtain information, they continue to do so. Oddly, the Washington Times has the story here.

From The Washington Times:

Undercover Maryland state troopers infiltrated three groups advocating peace and protesting the death penalty — attending meetings and sending reports on their activities to U.S. intelligence and military agencies, according to documents released Thursday.

The documents show the activities occurred from at least March 2005 to May 2006 and that officers used false names, which the documents referred to as "covert identities" - to open e-mail accounts to receive messages from the groups.

Also included in the 46 pages of documents, obtained by the Maryland chapter of the American Civil Liberties Union through a Freedom of Information Act lawsuit, is an account of an activist's name being entered into a federally funded database designed to share information among state, local and federal law-enforcement agencies on terrorist and drug trafficking suspects.

ACLU attorney David Rocah said state police violated federal laws prohibiting departments that receive federal funds from maintaining databases with information about political activities and affiliations.

The activist was identified as Max Obuszewski. His "primary crime" was entered into the database as "terrorism - anti govern(ment)." His "secondary crime" was listed as "terrorism - anti-war protestors." The database is known as the Washington-Baltimore High Intensity Drug Trafficking Area, or HIDTA.

Americans that believe in peace group together to air grievances amongst each other and debate on how to have a more peaceful society, both here and with our foreign policy. On the flip side, we have cops that are breaking the law to try and exert more control over these citizens. As Rocah states, this is a symbol of "Kafka-esque insanity." There is no excuse for this behavior and it must be prosecuted to the full extent of the law. Peace activists have no intention on breaking the law, authorities such as the Maryland State Troopers should be held to the same laws as those they wish to illegally infiltrate

Rep. Harman, Burned Before By Bush Admin., Vows Not To Touch The Fire Again

In what should be of absolutely no shock to the American people by now, the Bush Administration (via Michael Chertoff) wants to spy on the American people but says it is entirely cool. The Department of Homeland Security Secretary said that there is no reason to worry about civil liberties and that no, you can't look at why that is because its classified. Thankfully the Democrats in Congress aren't as gullible as they once were and the critical Committeewoman Jane Harman has shown she's learned from past mistakes.

From The Washington Post:

Democrats say Chertoff has not spelled out what federal laws govern the NAO, whose funding and size are classified. Congress barred Homeland Security from funding the office until its investigators could review the office's operating procedures and safeguards. The department submitted answers on Thursday, but some lawmakers promptly said the response was inadequate.

"I have had a firsthand experience with the trust-me theory of law from this administration," said Harman, citing the 2005 disclosure of the National Security Agency's domestic spying program, which included warrantless eavesdropping on calls and e-mails between people in the United States and overseas. "I won't make the same mistake. . . . I want to see the legal underpinnings for the whole program."

Thompson called DHS's release Thursday of the office's procedures and a civil liberties impact assessment "a good start." But, he said, "We still don't know whether the NAO will pass constitutional muster since no legal framework has been provided."

DHS officials said the demands are unwarranted. "The legal framework that governs the National Applications Office . . . is reflected in the Constitution, the U.S. Code and all other U.S. laws," said DHS spokeswoman Laura Keehner. She said its operations will be subject to "robust," structured legal scrutiny by multiple agencies.

With all due respect, Laura Keehner is an idiot. The constitution reflects Harman's concerns that this new agency is looked at and scrutinized by the Congress, not other agencies. It is the duty of the Congress to investigate the actions of the Executive, any Constitutional scholar (or high school civics student) can tell you that. Congratulations to Congresswoman Harman for finally realizing that trusting the Bush Administration to do anything is an episode of insanity.