ACLU: DOJ Tells Court It's Reconsidering Secrecy Surrounding Patriot Act's Spying Powers

[ProSense]

DOJ Tells Court It's Reconsidering Secrecy Surrounding Patriot Act's Spying Powers

By Alexander Abdo

With a filing due next week in an ACLU Freedom of Information Act lawsuit, the Justice Department today asked a federal judge for time to reconsider its position on whether it will continue seeking to withhold documents related to its secret interpretation of Section 215 of the Patriot Act. That provision, which allows the government to acquire "any tangible thing" relevant to a foreign-intelligence or terrorism investigation, was the basis for the secret FISA Court order revealed this week by The Guardian telling Verizon to turn over troves of phone call data.

Until now, the government has taken the position that what it thinks it's allowed to do under Section 215 should stay hidden from the public. This is unacceptable, because it's impossible to debate the wisdom of a law if the public doesn't know how the government interprets it. But today, following last night's release of classified aspects of the NSA's surveillance practices by Director of National Intelligence James Clapper, the government asked the court for 30 days to consider whether to change its position in our FOIA case. Here's an excerpt from the DOJ letter to the court:

In light of the DNI's decision to declassify certain previously classified information, the Government requires time to consider what effect, if any, the DNI's decision has on the classification of information in some of the withheld documents still at issue in this case.

We take this as an encouraging sign that the government is considering handing over at least some of the information it has thus far declined to disclose – most importantly, Justice Department legal opinions and FISA Court rulings about Section 215.

http://www.aclu.org/blog/national-security/doj-tells-court-its-reconsidering-secrecy-surrounding-patriot-acts-spying

That was yesterday. Today the administration released more information.

Obama Administration Declassifies Details On “PRISM,” Blasts “Reckless” Media And Leakers.
http://www.democraticunderground.com/10022972852

[villager]

1. Good to see the pressure of whistleblowers, and the remnants of a free press, at work.

important to note this administration wouldn't be considering this, otherwise

[randome]

2. I don't know when the ACLU filed its FOI request but it sounds like it was earlier.

And the DOJ's filing date was already set. I don't think they would have changed directions this quickly.

So I don't think Greenwald gets to claim credit for this.

I also have no doubt that he will.

[hr]
[font color="blue"][center]Stop looking for heroes. BE one.[/center][/font]
[hr]

[villager]

3. Nice to see the confluence of pressure from remnants of a free press, and whistleblowers, helping

...out the ACLU.

[ProSense]

4. Yeah, and nice of the administration not to ignore them. n/t

[villager]

6. Now that they can't, you bet.

n/t

[ProSense]

7. Well,

"Now that they can't, you bet."

...that never stopped Bush.

Even if Congress did pass strong legislation, there is a good chance that President Bush, who has a sweeping — and unjustified — view of presidential power, would ignore it. If the Supreme Court told him to stop breaking the law, however, it would be difficult for him to defy its order.

http://www.nytimes.com/2006/04/06/opinion/06thu1.html

[villager]

8. Nor has it stopped this administration from denouncing whistleblowers, either

Still, thanks for posting more evidence of how vital they are in our tatters of a democracy....

[ProSense]

9. Maybe it's because

"Nor has it stopped this administration from denouncing whistleblowers, either"

...too many hacks considers themselves "whistleblower" these days.

President Signs Whistleblower Protection Enhancement Act (WPEA)

by Hannah Johnson

After 13 Year Campaign, Federal Workers Get Long-Overdue Upgrades

(Washington, DC) – The Government Accountability Project (GAP) is praising President Obama's signing of S. 743, the Whistleblower Protection Enhancement Act (WPEA), into law earlier today. The legislation provides millions of federal workers with the rights they need to report government corruption and wrongdoing safely. The bill reflects an unequivocal bipartisan consensus, having received the vote of every member in the 112th Congress, passing both the Senate and House of Representatives by unanimous consent over the past couple of months. The text of the bill can be read here.

GAP Legal Director Tom Devine commented:

"This reform took 13 years to pass because it can make so much difference against fraud, waste and abuse. Government managers at all levels made pleas and repeatedly blocked the bill through procedural sabotage. But once there were no more secret 'holds,' the WPEA passed unanimously, because no politician in a free society can openly oppose freedom of speech. Over the years, earlier versions of this law had been called the Taxpayer Protection Act. Nothing could set a better context for fiscal cliff negotiations than a unanimous, bipartisan consensus to protect those who risk their careers to protect the taxpayers. This victory reflects a consensus ranging from President Obama to Representative Darrell Issa. The mandate for this law is that the truth is the public's business."

Among other key reforms, federal employees now are protected (in addition to already-existing scenarios) from reprisal if they: are not the first person to disclose misconduct; disclose misconduct to coworkers or supervisors; disclose the consequences of a policy decision; or blow the whistle while carrying out their job duties.

<...>

Devine continued, stating

"The victory reflects strong bipartisan teamwork, as well as advocacy within the party, as Republicans often had to work harder at convincing wary colleagues. And it reflects relentless pressure from conservative stakeholders – like the National Taxpayers Union – throughout the last 13 years. Crucial support came from President Obama, who was committed from day one of his term to signing this bill into law. Most Presidents have offered lip service for whistleblower rights, but President Obama fought to give them more teeth."

- more -

http://www.whistleblower.org/blog/42-2012/2380-president-signs-whistleblower-protection-enhancement-act-wpea-

[villager]

12. I'm more concerned about the military/political hacks who consider us too "stupid" for democracy

...and rationalize every assault against democracy as being "for our own good..."

[ProSense]

16. Yeah, they're more dangerous. n/t

[villager]

17. You see? We manage to end the sub-thread in agreement!

[delrem]

5. Good to see some selective declassification. That genie *needs* to be put back in bottle!

[woo me with science]

11. "Selective" is the key word here.

They are trying desperately to avoid what is needed: a full investigation and disclosure of exactly how far the police state has progressed in this country.

This is perhaps our only real opportunity for change, if the media and the American people refuse to back down.

[woo me with science]

10. Expect offers of minor, cosmetic changes

in order to avoid the full-scale investigation and disclosure that is desperately needed.

We are at the tip of a very ugly iceberg, and there is a lot of maneuvering going on now to attempt to mollify and reduce scrutiny.

[villager]

13. +1

Too damn bad the "Patriot" Act isn't up for renewal at the moment.

[Skip Intro]

14. Absolutely. Privacy for them, none for us, despite a Constitution

(that they all swore to uphold) that pretty much establishes the opposite.

We'll get "things went wrong, in just a small way mind you, and we'll fix the problem so that going forward this kind of thing never happens again."

Kinda like the IRS, "a couple of low-level people in one office made a mistake and we're sorry though we did nothing wrong but we'll look into better training and we plead the fifth starting now."

[ProSense]

15. Yeah,

"Expect offers of minor, cosmetic changes in order to avoid the full-scale investigation and disclosure that is desperately needed."

...I always knew those who seek to investigate the President are easily duped. Think about how lucky the next President will be.

President Obama truly is the most powerful Chessmaster, right?