Tag: surveillance

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insider corruption tax policy

There You Go Again, IRS

IRS, free speech, taxes, censorship, corruption, surveillance

The old keywords were “Constitution,” “Patriot” and “Tea Party.”

The new ones? “Marijuana,” “oxycodone,” and “legalization.”

Paul Caron, the TaxProf blogger, calls attention to another IRS scandal — again about denying tax-​exempt status to organizations because of their political views. He had barely finished blogging about the scandal that came to light in 2013 when a new one burst into view.

You almost certainly remember the older scandal, in which the Internal Revenue Service had been caught intrusively scrutinizing and delaying the applications of conservative non-​profits picked on because of their conservatism.

To cover that mess, Professor Caron published a blog series called “The IRS Scandal, Day _​_​.” He added a post daily.

Every day.

For years.

The last installment, Day 1921, published on August 14, 2018, reported a settlement: meager taxpayer-​funded payouts to over a hundred victimized organizations. The IRS never admitted wrongdoing. No one was ever punished. According to the Washington Times, the agency said that it had “made changes so that political targeting can’t occur in the future.”

These changes don’t seem to include prohibiting political targeting by the IRS, however.

Now we have another case.

Caron points us to a Wall Street Journal op-​ed by David Rivkin and Randal Meyer, lawyers, who have discovered a dirty little secret in Revenue Procedure 2018 – 5. One provision authorizes IRS to withhold tax-​exempt status from applicants seeking to improve “business conditions … relating to an activity involving controlled substances,” including marijuana and oxycodone. Advocating legalization of marijuana would count as trying to improve such conditions.

Apparently, the IRS thinks its mandate entails enforcing the status quo by stifling dissent — instead of just doing its congressionally mandated (if all-​in-​all irksome) job.

This is Common Sense. I’m Paul Jacob.

 

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Accountability crime and punishment government transparency media and media people moral hazard national politics & policies privacy Snowden

Clapper into the Clink?

James Clapper, lies, Congress, testimony, Senate Intelligence Committee, surveillance, civil liberty

Lying to Congress is a strange crime. A number of people have been prosecuted for it over the years, but Congress isn’t a court of law and, more to the point, Congress may present the densest source of lies in the United States.

The idea that it would be illegal for a citizen to lie to a den of liars is, well, a bit amusing.

But it is illegal, and definitely should be illegal, for government functionaries to give false testimony before Congress.

That’s why the case of the admittedly “untruthful”* James Clapper is so aggravating. When asked by Senator Ron Wyden, on the Senate floor, about data collection of phone calls by the U.S. federal government, he — the director of national intelligence under President Barack Obama from 2010 to 2017 — lied through his teeth.

And had not Edward Snowden leaked information on the National Security Administration’s metadata collection program, we would not have learned anything about it.

No wonder, then, that several congressmen want to prosecute Clapper before March 12, when the Statute of Limitations runs out on his crime. Steven Nelson at the Washington Examiner quotes Rep. Ted Poe (R‑Tex.), Rep. Thomas Massie (R‑Ky.), Rep. Louie Gohmert (R‑Tex.), and Rep. James Sensenbrenner (R‑Wis.) as all being in favor of siccing federal prosecutors on the forked tongue spymaster.

Senator Wyden warns that letting lies such as Clapper’s go unaddressed encourages Americans to be cynical about government, and “makes it possible, even probable, for hucksters and authoritarians to take power.”

Too late?

This is Common Sense. I’m Paul Jacob.

 

* Clapper’s March 2013 whopper at the Senate Intelligence Committee hearing was that the NSA was “not wittingly” collecting “any type of data at all” on millions of Americans. Later, to MSNBC, he characterized his artful dodge as having been “the least untruthful” way for him to respond.

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Accountability crime and punishment government transparency media and media people national politics & policies responsibility

A Handy Evasion

Susan Rice, National Security Advisor, Obama, Trump, Russia, spying, surveillance

Susan Rice, National Security Advisor in President Barack Obama’s administration (2013 – 2017), is being picked on, she speculates, for reasons pertaining to her race and gender.

Handy evasion.

At issue is not her infamous prevarication in the Benghazi affair. We are used to being lied to about foreign policy, so that was barely a shock.

What is news now? The Trump-​Russia story. 

Background: Ever since her defeat to Donald Trump, former Secretary of State Hillary Clinton has provided the very model of how to deflect attention from one’s own defects. She’s blamed FBI Director James Comey, the vast right wing conspiracy, and, of course, Russia.*

Amusingly, the Russia biz still boils down to how Russian hackers, apparently directed from high in the hierarchy of the Eastern warlord state, illegally liberated information from private servers. Those revealed emails showed Mrs. Clinton and her campaign in a negative light. Excuse-​makers call this “hacking the election.”**

It turns out, the biggest crimes committed during the campaign, and somewhat regarding Russia, were engaged in by the Obama Administration, perhaps especially by Rice herself. She is accused of illegally surveilling the Trump campaign and those around it by “unmasking” their identities in the course of surveillance reports, which are legally required to be anonymous … when catching in the net folks tangential to the target. 

The law requires FISA court go-​aheads for such identifications. And the Obama administration was roundly reprimanded by a FISA court for not following protocols.

In any case, the idea that only women and African-​Americans are hounded by opposition parties and the press does not hold up to scrutiny.

Nixon, anyone?

This is Common Sense. I’m Paul Jacob.

 

* Her team has also blamed President Barack Obama

** A private server was hacked, not an election.

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Accountability crime and punishment general freedom moral hazard national politics & policies privacy responsibility

In Plain Sight

terrorism, surveillance, privacy, fingerprint, targeted, illustration

The Berlin terrorist attack just a little over a week ago fit a noteworthy pattern. German authorities had investigated Anis Amri — the Tunisian man who drove that large truck into a crowded Christmas market, killing 12 and wounding 56 others — and found “links with Islamic extremists.”

Later killed in Milan, Italy, Amri had been wanted in Tunisia for “hijacking a van” and jailed in Italy for arson and a “violent assault at his migrant reception center.” And yet with all that known or easily knowable, the German authorities couldn’t prevent him from killing innocent Germans.

It’s not just a European phenomenon, either.

Consider Omar Mateen, this country’s worst mass shooter, having massacred 49 people in Orlando’s Pulse nightclub. The FBI had spent ten months looking into Mateen.

Years before the Boston Marathon bombing, the FBI had tracked Tamerlan Tsarnaev, one of the bombers.*

“In case after case … authorities have come forward after the fact to say that they had enough cause to place the suspect under surveillance well before the violence,” the Washington Post recently noted. This was the case with the majority of recent lone-​wolf terrorism plots.

“If any lesson can be learned from studying the perpetrators of recent attacks,” a report in The Intercept concluded, “it is that there needs to be a greater investment in conducting targeted surveillance of known terror suspects and a move away from the constant knee-​jerk expansion of dragnet surveillance …”

Yet intelligence agencies are still grabbing our metadata in violation of the Fourth Amendment. That needs to stop.

The fact that known threats are consistently not being stopped suggests curtailing mass surveillance won’t hurt our security, but improve it.

This is Common Sense. I’m Paul Jacob.

 

* The same is true regarding the Ft. Hood (work-​place) shooter, Nidal Hasan. Likewise, Abdulhakim Mujahid Muhammad (formerly Carlos Bledsoe), who was under the active eye of the FBI after returning from Yemen … until he opened fire on a Little Rock, Arkansas, recruiting station killing one soldier and wounding another. Ditto Ahmad Khan Rahami, the less deadly bomber in New York City and New Jersey.

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terrorism, surveillance, privacy, fingerprint, targeted, illustration

 

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meme

You had one job America…

war, drug war, prisons, cronyism, police, surveillance, meme, policitcs
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Accountability crime and punishment general freedom moral hazard nannyism national politics & policies

Inch, Meet Mile

NSA, surveillance, 1984, Big Brother

Give ’em an inch, they will take … a continent.

When Edward Snowden broke the secrecy of the NSA’s illegal surveillance on innocent Americans, many folks (especially those in government) said the snooping was OK, because

  1. it is necessary for our security, and, besides,
  2. the collected data would only be used against terrorists, as supervised by the FISA courts.

Well, it is now known that, whatever “a.” may be, “b.” is a dead letter, swept away by broken promises and a new information practice.

Yes, the National Security Agency now shares its (unconstitutionally obtained) information with various and sundry government agencies, for a wide variety of purposes.

Last week, Radley Balko noted in the Washington Post that “the ‘sneak-​and-​peek’ provision of the Patriot Act that was alleged to be used only in national security and terrorism investigations has overwhelmingly been used in narcotics cases. Now the New York Times reports that National Security Agency data will be shared with other intelligence agencies like the FBI without first applying any screens for privacy.”

That didn’t take long, eh?

Many of us have opposed the NSA’s data collection on American citizens because we believed the data would not continue to be used just for the alleged purpose they were collected.

It is not a “slippery slope” argument so much as an “inch-​mile” one. Government tends to grow, in size and especially in scope.

And usually at the expense of our freedoms.

This is Common Sense. I’m Paul Jacob.

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NSA, surveillance, 1984, Big Brother