Year: 2013

Fabulous!

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The Supreme Court ruled much of the Defense of Marriage Act (DOMA) unconstitutional, and also ruled that the bigoted ratf%$#s challenging a lower court had no standing to sue in support of the anti-gay Proposition 8 after the state of California threw in the towel.

Both of these rulings are less broad than I would like, there was no ruling on the constitutional right to gay marriage per se, just that the Federal government could not choose which marriages to determine which marriages are real, that this was up to the states, and the ruling on the H8 amendment (Proposition 8) was limited to the issue of standing.

I expect to see a Loving v. Virginia type ruling in the next decade, either legalizing gay marriage, or requiring all states to recognize gay marriages from other states.

Barack Milhaus* Obama

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Yes, Barack Obama has stepped it up a notch in his war against transparency in government by requiring federal employees to snitch on each other, and declaring both leaking and investigative journalism as tantamount to treason:

Even before a former U.S. intelligence contractor exposed the secret collection of Americans’ phone records, the Obama administration was pressing a government-wide crackdown on security threats that requires federal employees to keep closer tabs on their co-workers and exhorts managers to punish those who fail to report their suspicions.

 President Barack Obama’s unprecedented initiative, known as the Insider Threat Program, is sweeping in its reach. It has received scant public attention even though it extends beyond the U.S. national security bureaucracies to most federal departments and agencies nationwide, including the Peace Corps, the Social Security Administration and the Education and Agriculture departments. It emphasizes leaks of classified material, but catchall definitions of “insider threat” give agencies latitude to pursue and penalize a range of other conduct.

 Government documents reviewed by McClatchy illustrate how some agencies are using that latitude to pursue unauthorized disclosures of any information, not just classified material. They also show how millions of federal employees and contractors must watch for “high-risk persons or behaviors” among co-workers and could face penalties, including criminal charges, for failing to report them. Leaks to the media are equated with espionage.

 “Hammer this fact home . . . leaking is tantamount to aiding the enemies of the United States,” says a June 1, 2012, Defense Department strategy for the program that was obtained by McClatchy.

 The Obama administration is expected to hasten the program’s implementation as the government grapples with the fallout from the leaks of top secret documents by Edward Snowden, the former National Security Agency contractor who revealed the agency’s secret telephone data collection program. The case is only the latest in a series of what the government condemns as betrayals by “trusted insiders” who have harmed national security.

(emphasis mine)

This really is chilling and truly evil.

Mr. Obama is truly the worst constitutional law professor ever.™

Who Knew that Sarah Palin was the Smart Republican in 2008?

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Facepalm!

Because, in support of spending billions on border security, John McCain just compared the border fence to the Berlin Wall:

“I think that, first of all, the legislation concerning beefed up border security removes any validity to the argument that border security is not sufficient,” McCain said during an appearance on CNN. “I mean, this is not only sufficient, it is well over sufficient. We’ll be the most militarized border since the fall of the Berlin Wall so that’s why I think this amendment was very important.”

Seriously, you are comparing border security measures to the Berlin f%$#ing Wall, and you are supporting this measure, you are too stupid, or too senile, to cut your own meat.

Props to Gary Gensler………

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He’s been canned by the Obama administration for being too hard on the banksters, but on the way out, is implementing the meaningful derivatives reforms for which he was fired:

US regulators are likely to close a crucial loophole in Dodd-Frank rules in the next few weeks, in a move that will cost US banks many millions of dollars of revenues in the US$640trn derivatives market.

Several sources familiar with the internal discussions at the Commodity Futures Trading Commission say that the current exemption – which allows US banks executing derivative trades outside the country to bypass tougher capital holding and reporting requirements – will be allowed to expire on July 12.

CFTC chairman Gary Gensler, the only person with the authority to call a vote on extending the exemption, is said to oppose any extension and a spokesman confirmed that no vote had been scheduled.

“He’s determined not to extend,” said a lawyer familiar with discussions between lobbyists and the chairman. “And if it’s true that Gensler is leaving, maybe he wants this to be his final act before leaving.”

This is clearly a very large f%$# you to Barack Obama, Jack Lew, and (particularly) Timothy Geithner, and it is a well deserved f%$# you.

Obama and his and His Evil Minions™ have been determined to subvert meaningful banking regulations, and it’s nice that someone is standing up to him.

It will cost the banks some money, but I do not care:

If the exemption expires, all swaps deals involving US banks would be subject to the Dodd-Frank rules. Banks would have to set aside significantly more capital against each trade, which would eat into profits and potentially even drive clients to other banks.

Such deals would also become subject to much more onerous reporting requirements and would have to be cleared through an exchange – which could also reduce profitability and push away custom.

Figures from the US Treasury show that US financial institutions reported derivatives trading revenues of US$4.4bn in the fourth quarter of 2012, a 73% increase on the previous year.

There is an old saying about people who are inconvenient, “It’s better to have him inside the tent pissing out, than outside the tent pissing in.”

I thank Gary Gensler for pissing in.  On the matter of financial regulation, it is a very well deserved smack down.

H/T Naked Capitalism.

By a 5-4 Vote, the Supreme Court Says, “Silly N*gg*rs, Votes Are For Whites!”

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The Supreme Court just castrated the Voting Rights Act:

Handing Congress an assignment with profound political risks, a divided Supreme Court on Tuesday struck down a key part of the historic 1965 Voting Rights Act and left it to Congress to try to salvage the law as the effective ban on racial bias at the polls that it has been for nearly five decades. It appears that the future of the Act’s core depends on members of Congress being willing to impose heavy new legal burdens on their own states.

Before the Court in Shelby County v. Holder (docket 12-96) were constitutional challenges to two of the main sections of the 1965 law; the Court nullified one and left the other formally intact but perhaps in deep peril, too. The dissenters complained that, without the invalidated part, the other will be “immobilized.”

If the full potential impact of the ruling does occur, what would mainly be left to authorize challenges to racial discrimination in voting would be other parts of the law not under review Tuesday, but those parts require a potentially time-consuming process of one lawsuit at a time, persuading a court to give a remedy that applies to one state or local government per case.

See also here.

BTW, less than 2 hours later, the Texas AG unleashed their minority voter suppression plan:

Just two hours after the Supreme Court reasoned that discrimination is not rampant enough in Southern states to warrant restrictions under the Voting Rights Act, Texas is already advancing a voter ID law and a redistricting map blocked last year for discriminating against black and Latino residents. Texas Attorney General Greg Abbott issued a statement declaring that both measures may go into effect immediately, now that there is no law stopping them from discriminating against minorities.

………

In the case of the new electoral map, a panel of federal judges found that “substantial surgery” was done to predominantly black districts, cutting off representatives’ offices from their strongest fundraising bases. Meanwhile, white Congress members’ districts were either preserved or “redrawn to include particular country clubs and, in one case, the school belonging to the incumbent’s grandchildren.” The new map was also drawn in secret by white Republican representatives, without notifying their black and Latino peers. After the court blocked the map, the legislature approved small changes to appease Democratic lawmakers last week. Now that they are free to use the old maps, however, Gov. Rick Perry (R) could simply veto the new plan and use the more discriminatory maps.

The strict photo ID requirement blocked by the DOJ and a federal court would require Texans to show one of a very narrow list of acceptable photo IDs. Expired gun licenses from other states are considered valid, but Social Security cards and student IDs are not. If voters do not have an ID — as many minorities, seniors, and poor people do not — they must travel at their own expense, produce their birth certificate, and in many cases pay a fee to get an ID.

Thanks to the Supreme Court, the DOJ no longer has any power to block these laws, even with the backing of federal judges who found blatant discrimination. Under the remaining sections of the Voting Rights Act, individuals may sue to kill these measures, but only after they have gone into effect and disenfranchised countless Texans of color.

BTW, if you think that this sucks, I think that David Kaiser is right when he predicts a return to a property requirement for voting rights:

………

It occurred to me this morning that the solution to Republican electoral problems is, when you think about it, obvious, and a friend of mine from a red state pointed out that a Tea Party leader has already mused about it, back in the heady days of 2010. The solution, which has a rich tradition in western and US history, is a property qualification for voting. And what is rather shocking is that there does not seem to be anything in the Constitution to prevent it.

We are going to be seeing the teabaggers lobbying for this, the only question is which is the first state where this actually is formally submitted by a state legislator.  (My money is on it being Texasissippi)

Bush Obama Nominee for Commerce Secretary Approved

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Sorry about the headline, but Penny Pritzker who was just approved by the Senate as Secretary of Commerce, with only Bernie Sanders voting no:

Senators pick their battles, and by Tuesday, members in both parties had decided not to have one with President Obama over his nomination of Penny Pritzker, the billionaire hotel heiress, to be commerce secretary. In a 97-to-1 vote, they confirmed her to join the cabinet.

The lone dissenter was Senator Bernie Sanders of Vermont, the socialist independent who caucuses with Senate Democrats.

When Mr. Obama announced in May his choice of Ms. Pritzker, 54, to join his second-term economic team as head of the eclectic Commerce Department — its responsibilities vary widely and include federal business programs and weather forecasting — rumblings from the right and left suggested trouble.

Yes, virulently anti union, a bought/looted a bank, dove into subprime mortgages, and left the taxpayers holding the bag, and keeps her fortune in overseas tax havens. (Background here.)

But the is a friend of Obama, and was his his first big buck donor, so she gets to be commerce secretary.

I guess that it’s the new motto of the Obama administration cabinet, “Not quite as lame as Alberto Gonzalez.”

The Supreme Court Makes the Same Ruling It Always Does on Affirmative Action

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It allows for continuing affirmative action, but they have ruled against the specific remedy.

That is the nickel tour of
Fisher v. UT Austin:

Today a broad majority of the Court reinforced that affirmative action must be strictly reviewed, but it did not outlaw those programs. In an opinion that required only thirteen pages, the Court explained that a university’s use of race must meet a test known as “strict scrutiny.” Under this test, a university’s use of affirmative action will be constitutional only if it is “narrowly tailored.” The Court in Fisher took pains to make clear exactly what this means: courts can no longer simply rubber-stamp a university’s determination that it needs to use affirmative action to have a diverse student body. Instead, courts themselves will need to confirm that the use of race is “necessary” – that is, that there is no other realistic alternative that does not use race that would also create a diverse student body. Because the lower court had not done so, the Court sent the case back for it to determine whether the university could make this showing.

They have been making this same decision since Bakke.

I expect this to continue, until affirmative action is effectively a dead issue.

They Pretend to Pay Us, and We Pretend to Work

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It’s an old joke from the Soviet Union, and in a very real way, it explains much of what brought down the USSR.

Well, the good folks at The New York Times have found a study showing that, after decades of MBA driven management by intimidation, a majority of American workers actually loathe their employers:

I thought of this black mark on my résumé while reading an exhaustive and depressing new study of the American workplace done by the Gallup organization. Among the 100 million people in this country who hold full-time jobs, about 70 percent of them either hate going to work or have mentally checked out to the point of costing their companies money — “roaming the halls spreading discontent,” as Gallup reported. Only 30 percent of workers are “engaged and inspired” at work.

 At first glance, this sad survey is further proof of two truisms. One, the timeless line from Thoreau that “the mass of men lead lives of quiet desperation.” The other, less known, came from Homer Simpson by way of fatherly advice, after being asked about a labor dispute by his daughter Lisa. “If you don’t like your job,” he said, “you don’t strike, you just go in there every day and do it really half-assed. That’s the American way.”

Or, as Gin and Tacos notes, “When a job devalues employee, literally and figuratively, their response is often to work just hard enough to avoid getting fired.”

In the G&T case, he’s talking about (underpaid and never getting a raise) teachers at a Catholic school basically checking out for the month of May (multiple showings of Toy Story), but it applies throughout our economy.

In a very real way, we are eating our seed corn, and I fear that it will not become apparent until it is too late.

What happens when we run out or rubes who think that good work and honesty will get you ahead?

H/T Balloon Juice.

Charlie Completely Freaks Out (In a Good Way)

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I was in the bedroom, and Charlie started screaming like an Banshee.

It went on and on and on.

Finally, he made it to the bedroom, and told me that he had successfully done his first blindfolded Rubik’s cube solve.

While blind cube solving would not be my choice of where to apply efforts, it’s certainly better than something like, “evil overlord bent on world domination.”

Snowden Has Flown to Russia, Is Expected to Ask for Asylum in Ecuador

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I am not surprised.  Hong Kong is not a safe haven in the long term, and if he returns to the United States, he will be tortured through extended solitary confinement in an attempt to break him, as was done with Wen Ho Lee.

So he is in Moscow negotiating asylum with Ecuador:

Fugitive former US intelligence contractor Edward Snowden is due to fly out of Russia in the next few hours in a bid to seek asylum in Ecuador.

Reports suggest he will be on an early afternoon flight out of Moscow, heading first to the Cuban capital Havana.

Washington says it is urging countries in the “Western Hemisphere” not to let Mr Snowden enter their territory.

The US has charged him with espionage over leaked secret documents revealing US internet and phone surveillance.

In a series of rapidly moving developments on Sunday, Mr Snowden flew to Moscow from Hong Kong where he had been holed up since fleeing the US.

Once at Moscow’s Sheremetyevo Airport it is thought he was met by Ecuador’s ambassador to Moscow whose car was seen arriving by reporters.

On Sunday night it was unclear exactly where Mr Snowden was, but he was believed to be still at the airport.

BBC Moscow correspondent Daniel Sandford says it is being reported that he will fly first to Cuba and then to Venezuela before heading to Ecuador. The first plane scheduled to fly to Havana was due to leave Sheremetyevo at 14:05 Moscow time (10:05 GMT).

He will be trying to avoid any country that might arrest him on behalf of the US, our correspondent adds.

At this point, I expect that Obama is looking into ways of having Snowden whacked, and Glenn Greenwald might be on his latest kill list as well.

Like Rendering for Torture, Only With Data

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In another scoop, the Guardian has revealed that GCHQ, the British Equivalent of the NSA, engaged in the same sort of massive data drift net as the NSA:

Britain’s spy agency GCHQ has secretly gained access to the network of cables which carry the world’s phone calls and internet traffic and has started to process vast streams of sensitive personal information which it is sharing with its American partner, the National Security Agency (NSA).

 The sheer scale of the agency’s ambition is reflected in the titles of its two principal components: Mastering the Internet and Global Telecoms Exploitation, aimed at scooping up as much online and telephone traffic as possible. This is all being carried out without any form of public acknowledgement or debate.

 One key innovation has been GCHQ’s ability to tap into and store huge volumes of data drawn from fibre-optic cables for up to 30 days so that it can be sifted and analysed. That operation, codenamed Tempora, has been running for some 18 months.

 ………

 By May last year 300 analysts from GCHQ, and 250 from the NSA, had been assigned to sift through the flood of data.

 The Americans were given guidelines for its use, but were told in legal briefings by GCHQ lawyers: “We have a light oversight regime compared with the US“.

 When it came to judging the necessity and proportionality of what they were allowed to look for, would-be American users were told it was “your call”.

 The Guardian understands that a total of 850,000 NSA employees and US private contractors with top secret clearance had access to GCHQ databases.

(Emphasis mine)

What we are seeing here is the moral equivalent of the rendition for torture that the CIA engaged in with despotic governments.

In this case, the NSA is not allowed to spy on Americans, so they have the British do it for them and then they review the data under the British “Light oversight regime.”

Note that this in addition to the exceptions and shadings on the NSA’s own surveillance discussed by the Electronic Frontier Foundation.

Taken together, it’s a blue print for a lawless surveillance state.

(updated title)

Once Again, Obama Invokes the 96 Year Old Espionage Act Yet Again

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Yes, this time Worst Constitutional Law Professor Ever™ is using the act, originally drafted to prohibit expressing anti-war sentiments, to pursue a leaker, in this case, go after Edward Snowden:

Federal prosecutors have filed a criminal complaint against Edward Snowden, the former National Security Agency contractor who leaked a trove of documents about top-secret surveillance programs, and the United States has asked Hong Kong to detain him on a provisional arrest warrant, according to U.S. officials.

 Snowden was charged with theft, “unauthorized communication of national defense information” and “willful communication of classified communications intelligence information to an unauthorized person,” according to the complaint. The last two charges were brought under the 1917 Espionage Act.

Rolling Glenn Greenwald:

Prior to Barack Obama’s inauguration, there were a grand total of three prosecutions of leakers under the Espionage Act (including the prosecution of Dan Ellsberg by the Nixon DOJ). That’s because the statute is so broad that even the US government has largely refrained from using it. But during the Obama presidency, there are now seven such prosecutions: more than double the number under all prior US presidents combined. How can anyone justify that?

For a politician who tried to convince Americans to elect him based on repeated pledges of unprecedented transparency and specific vows to protect “noble” and “patriotic” whistleblowers, is this unparalleled assault on those who enable investigative journalism remotely defensible? Recall that the New Yorker’s Jane Mayer said recently that this oppressive climate created by the Obama presidency has brought investigative journalism to a “standstill”, while James Goodale, the General Counsel for the New York Times during its battles with the Nixon administration, wrote last month in that paper that “President Obama will surely pass President Richard Nixon as the worst president ever on issues of national security and press freedom.” Read what Mayer and Goodale wrote and ask yourself: is the Obama administration’s threat to the news-gathering process not a serious crisis at this point?

………

They haven’t learned anything from these disclosures that they didn’t already well know. The people who have learned things they didn’t already know are American citizens who have no connection to terrorism or foreign intelligence, as well as hundreds of millions of citizens around the world about whom the same is true. What they have learned is that the vast bulk of this surveillance apparatus is directed not at the Chinese or Russian governments or the Terrorists, but at them.

And that is precisely why the US government is so furious and will bring its full weight to bear against these disclosures. What has been “harmed” is not the national security of the US but the ability of its political leaders to work against their own citizens and citizens around the world in the dark, with zero transparency or real accountability. If anything is a crime, it’s that secret, unaccountable and deceitful behavior: not the shining of light on it.

(Emphasis Original)

He is correct.  The only potential “injury to the United States” (from the text of this law) is to subject the actions of the NSA, and the rest of the US state security apparatus to public discussions.

The terrorists already knew this, as it is clear from the approved leaks from the Obama administration made this clear to anyone with 2 working brain cells.

I wish that we had a less paranoid president with a greater devotion to openness and transparency.

Of course, Richard Nixon qualifies as less paranoid President with a greater devotion to openness and transparency, which just goes to show how far we have fallen as a society.

Worst ……… Speaker ……… Ever

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It appears that John Boehner is too drunk to do the most basic job of Speaker of the House, which is count the f%$#ing votes:

The surprise defeat of the farm bill in the House on Thursday underscored the ideological divide between the more conservative, antispending Republican lawmakers and their leadership, who failed to garner sufficient votes from their caucus as well as from Democrats.

The vote against the bill, 234 to 195, comes a year after House leaders pulled the measure off the calendar because conservative lawmakers demanded deeper cuts in the food stamp program and Democrats objected. This year’s measure called for more significant cuts than the Senate bill, but it still did not go far enough to get a majority in the House to support an overhaul of the nation’s food and farm programs. Sixty-two Republicans, or more than a quarter of the caucus, voted with Democrats to defeat the bill.

The failure was a stinging defeat for Speaker John A. Boehner of Ohio, who continues to have trouble marshaling the Republican support he needs to pass major legislation. Without the solid backing of his party, Mr. Boehner has to rely on some Democratic support, which deserted him Thursday.

Mr. Boehner was unable to secure the votes of a number of recently elected and strongly conservative lawmakers who were averse to cutting deals on legislation like the farm bill. Traditionally, the farm bill has passed easily with support from urban lawmakers concerned with nutrition spending and rural members focused on farm programs. But conservatives said they were more driven by a desire to shrink the size of government through spending cuts, not expand it though crop insurance subsides to rich farmers.

The conventional wisdom was that 40 Dem votes would allow it to pass (there were only 24), but they would needed have to get 44 Dem votes for it to pass.

Boehner caved to the Teabaggers add gutted food stamps, and then hew did not get the Teabagger votes, and THEN he failed to count the votes.

Even if you like his politics, it is clear that John Boehner is completely incompetent.

I agree with Nancy Pelosi’s characterization of this cluster f%$# as, “Major Amateur Hour.”

Obama Is Lying About the Prevented Terror Attacks, and Other NSA Scandal Stuff

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A review of the claims shows that either ordinary law enforcement actions uncovered the planned attacks, or that there never was a planned attack, there never was an attack:

This suspect, in turn, was in contact with an individual in the United States named Khalid Ouazzani. Thus warned, the FBI investigated Mr. Ouazzani through traditional law enforcement methods, and discovered a burgeoning plot to bomb the NYSE.

 “Ouazzani had been providing information and support to this plot,” FBI Deputy Director Sean Joyce told lawmakers.
However, Mr. Ouazzani pleaded guilty to providing material support – in his case, money – to Al Qaeda, not to terror planning. His May 2010 plea agreement makes no mention of anything related to the New York Stock Exchange, or any bomb plot, notes David Kravets in Wired magazine.

 Plus, Ouazzani’s defense attorney said Tuesday the stock market allegation was news to him.

 “Khalid Ouazzani was not involved in any plot to bomb the New York Stock Exchange,” attorney Robin Fowler told Wired.

 As to the New York subway plot, it was discovered not by analysis of vast amounts of Internet data of foreign users, but rather by old-fashioned police work, according to The Guardian, the British newspaper that first published a secret NSA document showing the agency collected phone metadata from Verizon Business Services.
A British intelligence investigation into a suspected terrorist cell in England’s northwest first turned up a crucial e-mail address of a Pakistani extremist, write The Guardian’s Ed Pilkington and Nicholas Watt. They passed this address to the US.

 Surveillance of this one address led the US to Najibullah Zazi, an Afghan-American living in Colorado who had asked the Pakistani extremist for explosives recipes. FBI agents followed Mr. Zazi as he traveled to New York. Search warrants turned up bomb components, and in 2010 Zazi confessed to a plot to bomb the city’s subway system with backpacks.

The NSA’s sweeping data interception capability “played a relatively minor role” in breaking this case, write Mr. Pilkington and Mr. Watt.

And the Guardian now hsa published the secret standards used by the NSA, and it appears we have another lie, because the standards do allow for emails to be read and phone calls to be listened to:(see here and here for the docs)

The Guardian is publishing in full two documents submitted to the secret Foreign Intelligence Surveillance Court (known as the Fisa court), signed by Attorney General Eric Holder and stamped 29 July 2009. They detail the procedures the NSA is required to follow to target “non-US persons” under its foreign intelligence powers and what the agency does to minimize data collected on US citizens and residents in the course of that surveillance.

The documents show that even under authorities governing the collection of foreign intelligence from foreign targets, US communications can still be collected, retained and used.

………
The top secret documents published today detail the circumstances in which data collected on US persons under the foreign intelligence authority must be destroyed, extensive steps analysts must take to try to check targets are outside the US, and reveals how US call records are used to help remove US citizens and residents from data collection.

However, alongside those provisions, the Fisa court-approved policies allow the NSA to:

  • Keep data that could potentially contain details of US persons for up to five years;
  • Retain and make use of “inadvertently acquired” domestic communications if they contain usable intelligence, information on criminal activity, threat of harm to people or property, are encrypted, or are believed to contain any information relevant to cybersecurity;
  • Preserve “foreign intelligence information” contained within attorney-client communications;
  • Access the content of communications gathered from “U.S. based machine[s]” or phone numbers in order to establish if targets are located in the US, for the purposes of ceasing further surveillance.

………

The documents also show that discretion as to who is actually targeted under the NSA’s foreign surveillance powers lies directly with its own analysts, without recourse to courts or superiors – though a percentage of targeting decisions are reviewed by internal audit teams on a regular basis.

………

Those procedures state that the “NSA determines whether a person is a non-United States person reasonably believed to be outside the United States in light of the totality of the circumstances based on the information available with respect to that person, including information concerning the communications facility or facilities used by that person”.

It includes information that the NSA analyst uses to make this determination – including IP addresses, statements made by the potential target, and other information in the NSA databases, which can include public information and data collected by other agencies.

Where the NSA has no specific information on a person’s location, analysts are free to presume they are overseas, the document continues.

“In the absence of specific information regarding whether a target is a United States person,” it states “a person reasonably believed to be located outside the United States or whose location is not known will be presumed to be a non-United States person unless such person can be positively identified as a United States person.”

If it later appears that a target is in fact located in the US, analysts are permitted to look at the content of messages, or listen to phone calls, to establish if this is indeed the case.

Referring to steps taken to prevent intentional collection of telephone content of those inside the US, the document states: “NSA analysts may analyze content for indications that a foreign target has entered or intends to enter the United States. Such content analysis will be conducted according to analytic and intelligence requirements and priorities.“

(emphasis mine)

Translated from the bureaucratese, this is unlimited ability to record phone calls and emails, until it is proven that they are not in the United States, and even then, the data is retained.

All that the analyst has to do is to claim that you are “not sure” if the target is a “US Person”, and it’s no harm no foul for intercepting the contents of their communications.

As Glenn Greenwald notes, this is yet more evidence that FISA court oversight is a complete joke.

H/t to Washington’s blog for the links on the NSA false claims.

Turkish Authorities Use Fake Protestors to Justify Crackdown

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I’m not particularly surprised by this.

Between his bankster friendly policies and his social and religious conservatism, it was inevitable that he would resort to infiltration and false flag operations:

And so it proved, with police encircling the square at 6am on Tuesday, firing rubber bullets and teargas, and ripping down banners calling for Erdoğan’s resignation. By happy coincidence, Turkey’s state media, which for days had blithely ignored the country’s huge anti-government demonstrations, were on hand to record the event.

 Turkish TV viewers witnessed this: a small group of four or five “demonstrators” throwing molotov cocktails at police. At one point they advanced on police lines in a comic Roman-style phalanx while holding the flag of a fringe Marxist party. The “protesters” were in fact middle-aged undercover police officers, staging a not very plausible “attack” on their own for the benefit of the cameras.

 But the violence meted out against the genuine protesters camped out under the plane trees of nearby Gezi Park was real enough. Dozens were left choking or injured as teargas billowed across central Istanbul. Meanwhile, some 50 lawyers acting for detained activists were themselves dragged away by police and roughed up at Istanbul’s Çağlayan court.

(Emphasis mine)

The Austin Texas police did much the same thing with an Occupy Houston protest.

Of course, it’s not going to be a problem with the US, because Recep Tayyip Erdoğan is Wall Street’s man, so he’s going to be supported by our foreign policy establishment.

H/t Jonathan Turley.

6 Democrats to Punish

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They voted for the Republican bill outlawing abortion after 20 weeks:

Six Democrats and six Republicans broke with their respective parties late Tuesday on House GOP legislation to ban nearly all abortions after 20 weeks of pregnancy.

The Pain-Capable Unborn Child Protection Act, written by Rep. Trent Franks (R-AZ), creates narrow exemptions to protect the life of the mother, and in cases of rape and incest as long as the crimes have been reported. It passed 228-196 but won’t become law because Democrats control the Senate and White House.

The six Democrats who voted for the act were Reps. Nick Rahall (WV), Collin Peterson (MN), Jim Matheson (UT), Mike McIntyre (NC), Dan Lipinski (IL) and Henry Cuellar (TX).

I would particularly note that Lipinski’s vote is particularly egregious, because he is in a solidly Democratic district.

6 Republicans also voted against the bill, but some of them did because they thought that the exceptions for rape and incest meant that the bill did not go far enough, and in any case, I’m not going to endorse a ‘Phant.

MicroFlaccid Folds Like a Bunch of Overcooked Broccoli

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Still not a gamer, but I love this animated GIF

They have reversed themselves on their restrictive XBox One content policies:

YET ANOTHER UPDATE (5:24 Eastern): Microsoft has confirmed to Kotaku that the “family sharing” and digital cloud library access features that were planned to be in the Xbox One are indeed gone thanks to today’s policy reversal. Xbox one users will also apparently have to download a “Day One” patch to enable the offline mode.

 FURTHER UPDATE:

 “You can play, share, lend, and resell your games exactly as you do today on Xbox 360.” That is now the official word from Microsoft.

 Microsoft says it “imagined a new set of benefits such as easier roaming, family sharing, and new ways to try and buy games,” but that it also realized that “the ability to lend, share, and resell these games at your discretion is of incredible importance to you.”

 No Internet connection will be required to play offline Xbox One games; the Internet will only be required for a one-time initial system setup. There will be no limitations on sharing or selling game discs. Downloaded games will be playable offline, and there will be no regional restrictions on those games.

 On the downside, there will be no digital “family” sharing as was previously announced, and disc-based games will require the disc to be in the tray to be played.

Not surprising that they are killing “Family Sharing”. It was only in there as an excuse to kill the resale market.

I am a bit surprised that Microsoft came to its senses before it experiences months of disappointing sales.