Records Show President Trump Loved Going After Whistleblowers Even More Than Obama Did

from the MAGA-by-being-Obama-on-steroids dept

Ah, we were so young then. We excoriated the Obama administration for attacking and prosecuting whistleblowers at a faster clip than any other administration in history.

This happened despite the fact Obama presided over some of the most historic leaks in history -- ones that kickstarted changes in surveillance programs and surveillance attitudes. The Obama Administration claimed to be the most transparent ever, but behind the scenes, it worked tirelessly to punish whistleblowers and leakers who were bringing actual transparency to entities that had long resisted it.

The facts about the late, not-so-great Trump Administration are continuing to leak out. And Obama's enthusiasm for punishing professional and amateur transparency enthusiasts has been outdone by his successor -- a man who often engaged in leaking himself through his Twitter account. Here's Ken Klippenstein with the details:

In 2017, there were a staggering 120 referrals for leak investigations from government agencies to the Department of Justice — higher than any year since at least 2005. There were also 88 criminal referrals for leaking classified information in 2018, according to the document, 71 in 2019, and 55 for the first three quarters of 2020, according to the most recent data available. By comparison, during the Obama administration, there were 38 referrals in 2016, 18 in 2015, and 41 in 2014.

Trump was determined to be everything Obama wasn't. His efforts often seemed solely focused on overturning everything his predecessor had established. Judging from these numbers, this also includes the number of people punished for daring to speak truth to power.

The Trump Administration always had a problem with leaks. The man who often treated the government as a weapon to be deployed against his enemies directed multiple executive agencies to hunt down those who offended him by doing nothing more than exposing his words and actions.

Enforcement is nothing without deterrence. And even if most of these referrals never resulted in criminal charges or sustained accusations, the message was made clear: fuck with the Prez and his buddies and you're going to find yourself in a world of hurt.

In its leak indictments, the Justice Department has stressed how it hopes to “deter” further leaks, as it did in its 2019 indictment of military intelligence analyst Henry Kyle Frese, accused of leaking classified information to two reporters. That deterrence also has a political dimension: As The Intercept has reported, most leaks prosecuted by the Trump administration have pertained to the Russia investigation.

This may only detail "referrals," but every referral is a chance to prosecute. That most of these referrals never resulted in criminal charges indicates how baseless they were, rather than how receptive the Trump Administration was to additional accountability.

And for those of you who focus on the fact that these were "leak" investigations rather than the retaliatory targeting of whistleblowers who chose to work within the system, I'll just point out two things:

First, leaking works better than whistleblowing because it doesn't give the chain of command a chance to bury unfavorable facts.

Second, the Trump Administration -- like the one before it -- engaged in retaliation against whistleblowers who chose to follow the rules, suggesting the better route is to get the information to reporters who will expose wrongdoing, rather than be buried along with their objections.

And while we're burying Trump for being worse on issues we routinely excoriated Obama for, let's not forget his administration was particularly enthusiastic about extrajudicial killings. Obama's position as King of the Drone Strikes has been usurped by one of the worst presidents in history.

In 2019, air strikes from the US and its allies in Afghanistan killed 700 civilians, more than in any other year since the beginning of the war in 2001 and 2002, according to new research from Brown University's Cost of War project.

The new data casts light on US President Donald Trump's aerial warfare policies across the Middle East and in countries neighbouring the region, which have become less restricted and more opaque.

The report chronicled the number of civilian deaths in Afghanistan from US and Afghan air strikes over the past three years.

"From 2017 through 2019, civilian deaths due to US and allied forces' airstrikes in Afghanistan dramatically increased," the report said.

So, not only were we killing more people based on metadata than ever before, we've been killing more innocent people than ever before. GOD BLESS THE USA.

We'll see what Biden does with his first term in office. Despite running as the anti-Trump, Biden has shown no less enthusiasm for participating in forever wars. We may finally have someone who acts like a statesman, rather than a petulant child, in office. But that doesn't mean we, as a constitutional republic, can't still be as awful as ever.

Filed Under: barack obama, donald trump, leaks, transparency, whistleblowers

The GOP's Blisteringly Hypocritical Road From Whining About Net Neutrality To Supporting Trump's Idiotic Attack On Social Media

from the you-have-zero-credibility-whatsoever dept

Mike has already highlighted FCC boss Ajit Pai's rank hypocrisy in his support of Trump's brain fart of an executive order targeting social media. This is, after all, a guy that crowed for literally the better part of the last decade about how some modest net neutrality rules (read: some basic consumer protections aimed at policing widely disliked telecom monopolies) was "government run amok" and a "government takeover of the internet." Now, as Trump attempts to bully the FCC into policing social media giants it has no authority over, a decade worth of purported principles are somehow, mysteriously absent.

Of course this grotesque, comical hypocrisy isn't reserved to Ajit Pai.

Back in 2014, before the former FCC passed net neutrality rules, the Obama White House expressed some basic support for net neutrality (and reclassifying ISPs as common carriers under the Communications Act to ensure the FCC could enforce the rules). This wasn't anything nefarious or even unordinary. President George W. Bush urged FCC Chairman Michael Powell to vote on deregulating media ownership. Bill Clinton wrote a public letter to Chairman Reed Hundt to ban hard liquor advertising on television. Ronald Reagan urged Chairman Mark Fowler to drop his proposal to rescind the Financial Interest and Syndication Rules governing TV networks.

We've had plenty of criticisms of Obama era policy. But Obama's support of net neutrality was legal, ordinary, and had the broad support of countless experts and the majority of U.S. consumers. That didn't matter to the modern GOP. In its now well-established bad faith style, the party (with AT&T and Comcast's covert help) immediately began circulating the talking point that Obama's support of net neutrality had broken some nonexistent law, and was, as countless news outlets parroted at the time, an effort to illegally "bully" the FCC into passing what were, despite a lot of pearl clutching, some fairly basic consumer protections:

"Just as Obama used executive actions in an unprecedented fashion on immigration, so too has he now set a precedent by bullying an independent regulatory body into following political orders."

This idea that Obama had broken the law or was "bullying" the FCC by expressing support for a very popular policy position would soon be utterly everywhere. An endless sea of GOP pundits could be found writing op-eds about how the Obama White House had broken the law by simply wanting the FCC to protect consumers from telecom monopolies. That Obama was strong-arming the FCC would soon become a gospel narrative. And the rhetoric was even supported by a certain former reality TV star and failed steak salesman of note:

That was, of course, all bullshit pushed by telecom monopolies that simply didn't want to face anything even resembling accountability for decades of anti-competitive behavior. But the narrative that Obama had somehow broken the law was also a favored talking of Ajit Pai, who also, repeatedly, tried to insist that Obama's totally legal support of a policy widely supported by the vast majority of experts and real fucking human beings was somehow a nefarious, illegal government power grab:

"On November 10, President Obama asked the FCC to implement his plan for regulating the Internet, one that favors government regulation over marketplace competition. As has been widely reported in the press, the FCC has been scrambling ever since to figure out a way to do just that. The courts will ultimately decide this Order’s fate. And I doubt they will countenance this unlawful power grab. Litigants are already lawyering up to seek judicial review of these new rules. Given the Order’s many glaring legal flaws, they will have plenty of fodder."

Fast forward to 2020. Net neutrality (and FCC authority over telecom in general) is largely dead thanks to AT&T, Comcast, and Verizon lobbyists and an FCC willing to ignore both objective data and sleazy efforts to manipulate the public record. And the same GOP folks who threw a monumental hissy fit about Obama's "illegal takeover of the internet" are dead silent as a corrupt, criminal buffoon tries to bully the FCC into shoehorning an incoherent brain fart into genuine, real-world policy that ignores the Constitution, common sense, and widespread concern from an absolute chorus of policy experts.

The same folks who repeatedly claimed that natural telecom monopolies shouldn't be treated as a common carrier, have pivoted 180 to claim that non-dominant social media platforms like Twitter should be. The same folks who spent years insisting the FCC had no right or authority over the parts of the internet it actually had authority over now insist the FCC must regulate the parts it has no authority over. The same folks who whined incessantly about the perils of the Fairness Doctrine now mindlessly support something arguably worse.

All to keep social media giants from policing toxic political disinformation to protect GOP power, now highly reliant on online disinformation to gloss over what are usually, much like the net neutrality repeal, largely unpopular policies.

Net neutrality was, we were told, government utterly run amok. It was, we were told, the very worst example of government out of control. Yet here we have a corrupt and unqualified president genuinely bullying the FCC to support the most idiotic power play imaginable, and the lion's share of the GOP sits nodding in bobble-headed support. Worse, when Commissioner Mike O'Rielly made some incredibly tame statements pointing out Trump's EO might not be enforceable, he was fired, soon to be replaced by someone more willing to kiss Trump's ass. Largely to crickets by the GOP.

There's Luddite politicians engaged in inconsistent policy, and then there's what the modern GOP has become: a bad faith dog and pony show, heavily reliant on disinformation, lodged somewhere in the telecom sector, Rupert Murdoch, and Oracle's lower colon, using a stunning array of disinformation, bogus data, ever-shifting talking points, and complete bullshit to justify corruption and feckless fealty to an idiot king. When the bill comes due for the GOP's blistering hypocrisy and bad faith bullshit (and sooner or later it will come due), it's going to be incredibly well earned.

Filed Under: ajit pai, barack obama, donald trump, fcc, hypocrisy, independence, interference, net neutrality, regulations, section 230, tom wheeler

Chris Hughes Helped Get Obama Elected, But Now That Facebook Helped Elect Trump, He Wants To Break It Up?

from the funny-that dept

Last week we wrote about Facebook co-founder Chris Huges' long, but remarkably uncompelling argument for why Facebook should be broken up. The post itself was quite long, but could be summed up in that Hughes listed out a variety of problems he attributed to Facebook, and then suggested breaking the company up and regulating speech on the internet in response. However, some of the problems he attributed to Facebook are not, in fact, because of Facebook, and he made no effort to show how his proposed solutions would actually solve any of those problems (indeed, there are arguments it might make some of them worse).

Dare Obasanjo tweeted a quite insightful tweet in response to Hughes' piece, noting that a lot of Hughes' (and others') concerns about Facebook can be traced back to the fact that Donald Trump won the election, and a lot of people believe that Facebook helped create that result:

It's quite wild to me that we're likely to see Facebook punished for the "crime" of getting Trump elected while he Teflon Don's his way through every scandal.

And then, he noted, that it's useful to put Hughes' comments into context, in that a decade ago, Hughes was being celebrated for using Facebook and social media to help elect President Obama. Hughes, famously, left Facebook to go work on the Obama campaign, and built up MyBO, the online platform to organize supporters of Obama's campaign.

His key tool was My.BarackObama.com, or MyBO for short, a surprisingly intuitive and fun-to-use networking Web site that allowed Obama supporters to create groups, plan events, raise funds, download tools, and connect with one another — not unlike a more focused, activist Facebook. MyBO also let the campaign reach its most passionate supporters cheaply and effectively. By the time the campaign was over, volunteers had created more than 2 million profiles on the site, planned 200,000 offline events, formed 35,000 groups, posted 400,000 blogs, and raised $30 million on 70,000 personal fund-raising pages.

It's not quite the same thing, obviously. However, it does seem notable that Hughes used social media effectively to help elect one President, and now seems to be quite disturbed and upset by the fact that it helped elect a different President. You can, perhaps reasonably, argue that the tactics, the scale, and the overall context are quite different today (organizing excited Millennials is pretty different than Russian trolls sowing discord), but it certainly does seem like valuable context in thinking about this.

Social media is -- like many technologies -- a tool. It can be used for things people like, and for things they dislike. We should be wary of assuming all the good comes solely from the technology at the same time we should be wary of assuming all the bad does as well.

Filed Under: barack obama, chris hughes, disinformation, donald trump, elections, get out the vote, politics
Companies: facebook

Trump Administration Rolls Back Obama's Last-Minute Drone Strike Reporting Requirements

from the public-is-purchasing-civilian-deaths-and-the-gov't-won't-even-give-it-a dept

After years of increasing overseas drone strikes, the Obama administration briefly attempted to salvage its reputation. Having turned countries like Syria and Yemen into the Killingest Places on Earth, Obama drafted a few rules to rein in the use of drones. A charitable take was that he recognized the blowback caused by these strikes, which tended to result in the unintended killing of civilians. A less charitable take is he recognized he might be turning these powers over to the Republicans and wanted to tie them up with restrictions he would have never placed on his own administration.

One of the few positive steps Obama took was mandating periodic reporting on drone strikes to assess the amount of collateral damage caused by these attacks, presumably in hopes of further reducing civilian casualties. Obama's executive order instituted yearly reporting that would (eventually) be passed on to the public.

Report on Strikes Undertaken by the U.S. Government Against Terrorist Targets Outside Areas of Active Hostilities. (a) The Director of National Intelligence (DNI), or such other official as the President may designate, shall obtain from relevant agencies information about the number of strikes undertaken by the U.S. Government against terrorist targets outside areas of active hostilities from January 1, 2016, through December 31, 2016, as well as assessments of combatant and non-combatant deaths resulting from those strikes, and publicly release an unclassified summary of such information no later than May 1, 2017. By May 1 of each subsequent year, as consistent with the need to protect sources and methods, the DNI shall publicly release a report with the same information for the preceding calendar year.

The problem with instituting policies via executive orders is they can be undone using the same process. It appears the Trump Administration isn't willing to abide by the rules the previous administration left for it to deal. Trump's executive order rescinds Obama's directive, allowing this administration to operate with the same opacity the previous administration enjoyed for its duration.

And we can't even say Obama's reporting requirement was great while it lasted. It went into force July 1, 2016. By the time the first reporting period rolled around in 2018, a different president was in office. As Charlie Savage points out for the New York Times, the new order simply codifies this administration's failure to publish the first required report.

Mr. Trump’s revocation of the disclosure rule amounted to a belated acknowledgment that his administration had already changed the Obama policy in practice: The director of national intelligence never put out a report about bystander casualties in 2017, even though the Obama-era order requiring one remained on the books last year, when the report was due out.

Trump's order claims the reporting is redundant as there are other drone strike reports already mandated by law. But this revocation gives the CIA -- an agency that has "acquired a taste" for deadly drone strikes -- complete opacity. The reporting requirements left untouched by Trump's order only affects Defense Department drone operations. The CIA's operations -- often carried out away from areas declared war zones by the US government -- will continue to operate under the radar, safely shielded from the eyes of the public.

We don't know if the CIA's use of drone strikes has kept pace with the DoD's escalation. And we may never find out. But one thing's for certain: the Trump Administration will be deploying far more drone strikes than the drone-happy Obama Administration. This can be gleaned by the few strike numbers that have been made public by the Defense Department, as collated here by Steve Niva, the editor of the Middle East Report.

Trump promised during the campaign to “bomb the shit” out of ISIS and it appears to be one of the few promises he has kept. Trump inherited from Obama an escalating war against ISIS in Iraq and Syria, but both conventional bombing and drone strikes have significantly increased under Trump as a result of his new ISIS battle plan, whose strategy Defense Secretary James Mattis defines as “annihilation tactics.”

[...]

[I]n the past three years, the number of military drone strikes there has also climbed, from 304 in 2015, to 376 last year, to 362 through the first eight months of Trump’s presidency. At this pace, 2017 will exceed previous yearly tallies.

Increasing deployments while decreasing transparency: that's the Presidential way. It worked for Obama for all eight years he was in office. On the way out the door, he made a futile gesture in response to an escalation in civilian deaths -- one ignored by the CIA and now granted an executive erasure by the new boss. We, as a nation, kill people based on metadata. And no one at the top feels obligated to hand over any data at all on these killings to the public that's funding these deaths.

Filed Under: barack obama, donald trump, drone strikes, drones, executive orders, transparency

Shocker: FOIA Request Shows Yet Another Core Justification For Repealing Net Neutrality Was Bullshit

from the post-truth-apocalypse dept

We've pretty well established by now that the FCC's repeal of net neutrality is being justified by a lot of fluff and nonsense with no factual basis in reality. Like claims that net neutrality killed sector investment, which are easily debunked by SEC filings, earnings reports, and numerous public CEO comments to investors (who, unlike you, they're legally not allowed to lie to). From Ajit Pai's claims that net neutrality emboldens fascists in North Korea and Iran, to his most recent claim that net neutrality fears were overhyped because Twitter still somehow works, blatant bullshit is the foundation of this entire repeal effort.

For years now, one constant bit of bullshit spread by ISPs was the claim that the Obama-era White House somehow "illegally pressured" Tom Wheeler's FCC into passing tougher net neutrality rules. As we noted at the time that claim was nonsensical, since there's no law stopping the White House from expressing its opinion on what policy should be. From Bill Clinton urging then FCC boss Reed Hundt to ban alcohol ads on TV, to George W Bush telling then FCC boss Michael Powell to deregulate media ownership, such behavior is historically perfectly normal.

Again, this fact didn't stop ISPs and their water carriers in Congress and key media outlets from repeatedly trying to claim that Obama engaged in all manner of shifty behavior to force the FCC to create the rules. The Wall Street Journal in 2014, for example, professed that "unusual, secretive efforts inside the White House" caused FCC boss Tom Wheeler to shift his position from weaker, Title I based rules, to tougher Title II based rules. The idea that Obama's White House had undertaken a covert "federal takeover of the internet" quickly became gospel across countless partisan echoverses.

The criticism was enough to drive investigations in both the Senate and by the FCC’s Inspector General. And while nobody from either government body could be bothered to tell the public the outcome of these investigations, Motherboard recently filed several FOIA requests that now show the outcome of these investigations wound up being a giant bupkis:

"After reviewing more than 600,000 emails, the independent office found that there was no collusion between the White House and the FCC: “We found no evidence of secret deals, promises, or threats from anyone outside the Commission, nor any evidence of any other improper use of power to influence the FCC decision-making process."

Which again, was what we suggested back in early 2015. None of the claims that heralded Obama's "illegal takeover of the internet" had the slightest bit of evidence in support of them, noted the FCC Inspector General's report:

"Nothing we found refuted the factual findings in the Senate Staff Report,” the IG wrote (bolding by agency). “More importantly, nothing we found in the complete, unredacted record evidenced any undue influence that would have militated in favor of a more comprehensive investigation."

What the Inspector General found, then, were career public servants doing their job: “Nothing in these, or in any other emails appeared to indicate there was pressure to delay the Order from the December meeting from any source other than concerned FCC staffers,” the report found, adding that there was “no indication” that a draft of the net neutrality regulations had been circulated improperly.

Obama's first FCC boss Julius Genachowski was arguably a wishy washy fence sitter. But his replacement Tom Wheeler wound up actually being the rare type of person capable of changing his mind based on the available evidence. And when the available evidence (and the courts) made it clear that you can't have effective net neutrality rules without classifying ISPs as common carriers until Title II of the Communications Act, that's exactly what Wheeler did. He didn't make an evidence-based decision because of some secret White House cabal, he did it because that was his fucking job. And he's subsequently been punished for it.

Of course the very idea that net neutrality (aka wanting a healthy, competitive internet) is somehow partisan was already bullshit in and of itself. It's a construct built by the telecom industry's lobbying and policy apparatus, perpetuated by numerous ISP-funded groups. The express goal is to divide the public, sow dissent, and stall meaningful reform of a broken, uncompetitive market. If you hadn't noticed, this tactic has proven immeasurably successful.

Filed Under: ajit pai, barack obama, fcc, inspector general, interference, lies, tom wheeler, white house

Trump Tops Obama, Hands Over Full Torture Report To Court Previous Administration Refused To

from the still-a-lot-of-marks-in-the-'L'-column-tho dept

Credit where credit is due: Trump has done more to preserve the full CIA Torture Report than Obama ever did. On his way out the door, the DOJ fought on his behalf in federal court, arguing against an order to deposit the full report with the court clerk for preservation in the ongoing trial of Abd al-Rahim Al-Nashiri, who has alleged he was waterboarded while detained by the CIA.

Barack Obama did stuff one copy of the full report in his presidential archives before Trump took over, perhaps in response to fears that the incoming president might make the whole thing vanish. Trump did mention his support for the use of torture on more than one occasion, and it would have been somewhat inconvenient to have an official document laying around saying torture is bad and the US shouldn't do it.

Maybe it's oneupmanship or maybe the Trump's legal counsel feels it has too much on its plate already, but as the New York Times' Charlie Savage reports, Team Trump is handing over a full copy of the Torture Report to the court as requested.

[A]s the Obama era came to an end, two Federal District Court judges for the District of Columbia ordered the executive branch to provide a copy of the report to the court’s security officer, and today, on the deadline set by one of them, the Trump administration complied rather than appeal.

A one-page notice of compliance [PDF] was issued by the White House on February 10th.

Respondents are filing this notice to advise the Court that, in accordance with the orders entered in the above captioned cases on December 28, 2016, and January 23, 2017,2 on February 6, 2017, the Government deposited for the Court Information Security Officers (CISOs) for secure storage a complete and unredacted electronic copy of the Senate Select Committee on Intelligence Committee Study of the CIA’s Detention and Interrogation Program (2014). Specifically, the Government deposited the electronic copy that had been previously delivered to the Department of Justice Office of Legislative Affairs.

The last sentence of the notice kills me. The government apparently carried the electronic copy from the DOJ's Office of Legislative Affairs to the court clerk. The clunky wording suggests this copy no longer resides at the DOJ and that the court has this particular copy of an electronic document in its hands -- one that could be copied infinitely with no discernible loss in quality or content.

Considering the full report is still classified, there are definitely plenty of dissemination control procedures in place. But without any further information to go on, the notice gives the appearance that the DOJ Office of Legislative Affairs no longer has a copy of the full report. So, that can be put on the scorecard of places the document no longer can be found, even though it could be distributed anywhere with minimal effort, cost, or replication of anything more than 1s and 0s.

Filed Under: barack obama, cia, doj, donald trump, foia, senate, torture report

Get Ready For 'Leak Investigations' In The Trump White House

from the thanks-obama dept

As we discussed over and over again during the past eight years, the Obama White House -- despite a first day pledge to be "the most transparent administration in history" -- was actually quite famous for its extreme secrecy, combined with a seriously paranoid view of anyone leaking anything unflattering to the White House. As we detailed, the Obama White House declared any unflattering leaks as "aiding the enemy." And, of course, the Obama administration went after more leakers/whistleblowers with Espionage Act claims than all other Presidents in history combined.

So, now, I guess we'll see what the Trump administration does about leaks. So far, in just the first few weeks of the Trump administration, the number of leaks out of the White House has been fairly astounding. There are leaks on just about everything, with some being just downright silly (and a few being literally unbelievable). In a larger report in Politico on how Trump is adjusting to the job of being President, there's a brief mention that he's getting increasingly frustrated by the leaks and is seeking to have them stop:

After Trump grew infuriated by disclosures of his confrontational phone calls with foreign leaders, an investigation was launched into the source of the leaks, according to one White House aide. National Security Council staffers have been instructed to cooperate with inquiries, including requests to inspect their electronic communications, said two sources familiar with the situation. It’s not clear whether the investigation is a formal proceeding, how far along it is or who is conducting it.

The administration is considering limiting the universe of aides with access to the calls or their transcripts, said one administration official, adding that the leaks — and Trump’s anger over them — had created a climate where people are “very careful who they talk to.”

And, now, in the wake of a variety of leaks that resulted in National Security Advisor Mike Flynn resigning, the President is trying to shift the story to being about leaks:

This is only marginally hilarious, coming from the same President who regularly praised Wikileaks during his campaign, and who almost certainly owes his presidencey, in part, to multiple damaging leaks on his opponent during the campaign. Sean Spicer doubled down on this angle in a press briefing today — after joking about how he needs to stop lecturing reporters on what stories to cover, he proceeded to lecture them about the idea that they should be focusing on the existence of White House leaks as the real story.

Of course, Washington DC is a town that thrives, and often seems to live off of, leaks from the government. I can imagine just how frustrating it must be to experience it first hand, but it sort of comes with the territory. It's also a very, very important way in which the public is able to hold the government accountable. Leaks reveal things that keep the government's worst impulses in check, which is why it's a form of whistleblowing.

That said, this seems like yet another reason to be annoyed with the Obama administration's vast, paranoid crackdown on leakers. It has set the blueprint for a Trump administration if it chooses to go down that same path. It remains to be seen if the Trump administration will pick up where Obama left off and go after leakers quite as aggressively as the last administration. But the quotes above (ironically... leaked from the White House) certainly indicate a plan to crack down on leakers, and to date, Trump has not shown that he's interested in moderation when it comes to hitting back at those who displease him. One can only hope that he doesn't decide to take the Obama blueprint and go even further in going after leakers and whistleblowers.

Filed Under: barack obama, donald trump, espionage act, journalism, leaks, michael flynn, whistleblowing

Upset About Border Patrol Cruelty? It Didn't Start Under Trump

from the speak-up dept

In the last few weeks, there's obviously been a lot of attention on the cruel actions of Customs and Border Patrol (CBP), a part of the Department of Homeland Security. Slate has an article detailing some of the awful stories coming out after the Trump executive order on immigration and travel (here are just a few):

At Dallas/Fort Worth International Airport, CBP officers reportedly detained an elderly Sudanese woman suffering from diabetes, high blood pressure, and severe kidney stones. They refused to provide her attorney or her family with any information on her health, status, or whereabouts. Her attorney later learned that CBP officers had demanded that his client withdraw her request for admission into the United States or be barred from entering the country for five years. She signed the document and was promptly deported. Her family never got to see her.

Also at DFW, CBP agents allegedly detained a lawful permanent resident along with her 11-month-old daughter, a U.S. citizen. They refused to let attorneys speak with the mother. When the child’s father came to the CBP office, agents refused to let him see his daughter.

CBP officers at Los Angeles International Airport allegedly deported an Iranian student 90 minutes after a federal judge explicitly barred the deportation of anyone targeted by Trump’s order. They ignored efforts by attorneys to halt the deportation.

CBP officers at San Francisco International Airport allegedly detained an elderly Iranian couple with valid visitor visas for 30 hours. Nineteen of those hours came after a federal judge halted deportations under Trump’s order. One officer informed the couple’s attorney that they might soon be deported. When the attorney explained that this action would violate a federal court order, the officer responded that he was “just following orders.”

An elderly Iranian couple—both of whom were lawful permanent residents—say they were detained for 10 hours at Chicago’s O’Hare International Airport after returning from their son’s wedding in Iran. The two were denied access to food for the length of their detention. Another elderly person being detained along with the couple was shaking from hunger and nearly passed out. CBP officers refused to inform the couple’s immediate family whether the couple had been allowed to take necessary medications.

A complaint to DHS over the implementation of the travel ban noted 26 accounts of abuse by the CBP.

But here's the thing: none of this is new, unfortunately. Yes, the specifics of the executive order are new, and the awful plan and rollout by the administration are new, but CBP being arbitrarily cruel to people is not at all new. We've reported on it many times in the past. Last week, On the Media put together a collection of stories that it had done in the past about egregious behavior by CBP at the border, almost all of which we covered in the past -- and all of which occurred under President Obama.

There was the horrific treatment of On The Media Producer Sarah Abdurrahman and her family (all US citizens) detained at the US border for hours and treated horribly when trying to return to the US from a wedding in Canada. There's also the insane story of Pascal Abador, a student studying Shiites in South Lebanon (he's an atheist himself), who was detained and had his laptop seized while on a train traveling from Canada to the US. CBP found photos on his laptop of Hamas and Hezbollah and then wouldn't give him back his computer. And then there's the truly sickening stories (plural) of CBP bringing people to doctors to be horrendously strip searched for drugs, often undergoing hours-long "inspections" by medical professionals despite never turning up any actual drugs. Here's one example we wrote about, which is similar to, but not the same one discussed in the OTM recording:

1. Eckert's abdominal area was x-rayed; no narcotics were found.
2. Doctors then performed an exam of Eckert's anus with their fingers; no narcotics were found.
3. Doctors performed a second exam of Eckert's anus with their fingers; no narcotics were found.
4. Doctors penetrated Eckert's anus to insert an enema. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
5. Doctors penetrated Eckert's anus to insert an enema a second time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
6. Doctors penetrated Eckert's anus to insert an enema a third time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
7. Doctors then x-rayed Eckert again; no narcotics were found.
8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert's anus, rectum, colon, and large intestines. No narcotics were found.

None of this is to say that what Trump is doing is okay. What he's doing is expanding the CBP's power to continue to expand its often arbitrary and capricious activities without any fear of oversight or any sort of reprimand for egregious behavior. But if you're suddenly concerned with how CBP appears totally free to mistreat basically anyone at the border, at least recognize that it's been going on for quite some time and that plenty of people (including us) have been trying to call attention to it for years. And don't assume that just because you're suddenly hearing these stories in the news, that they're a new phenomenon. Unfortunately, they are not. Hopefully, greater attention on CBP cruelty will lead to fixing it, but this administration, unfortunately, seems to want to encourage and expand it.

Filed Under: barack obama, border patrol, cbp, dhs, donald trump, oversight, white house

If You're Worried About What President Trump Can Do To The Press, Blame President Obama

from the look-at-that-roadmap dept

President Elect Donald Trump has made no secret of his dislike for any reporter who reports stuff about him in a negative light, and throughout the campaign and even after being elected, he has spent a tremendous amount of time insulting, attacking and berating the press. Oh, and threatening them with bogus defamation claims that rarely seem to turn into actual lawsuits. Trump famously promised to "open up" the libel laws if he became President, though there really isn't that much he can do on that issue directly.

But, as a story at Politco is noting, it's probably not libel laws that reporters should be worried about: it's things like the Espionage Act and bogus intrusive investigations of reporters by the DOJ. And, really, while the report only mentions this in passing, if a President Trump goes down that route, it'll be because he's picking up on the trend created by his predecessor, President Obama. As we've noted, President Obama has used the Espionage Act against more whistleblowers than all other Presidents in history combined. In fact, he used it more than twice as many times as all others combined. Think about that.

During the Obama administration, the Justice Department brought more criminal charges under the Espionage Act—a vague 1917 law that makes it illegal to share information related to national security—than it had under all previous presidents combined. It used the Espionage Act seven times against government employees who spoke to reporters. If Trump continues to aggressively prosecute reporters’ sources, it will make it much tougher for journalists to report on the government.

“What is very true is that an increase in prosecution of leakers and leak investigations has a huge chilling effect on the ability to report important information about what the government is up to,” said Laura Handman, a partner at Davis Wright Tremaine who specializes in media and First Amendment law.

This could be especially damaging to journalists because confidential sources and government leakers are likely to be the best source of exposing potential wrongdoing in Trump’s government.

And that's not the only intimidating tip that a President Trump could pick up from President Obama:

Trump’s Justice Department could also ask for more federal grand jury subpoenas against reporters who rely on confidential sources to report on government activities.

This is another tactic that the Obama administration has used. New York Times reporter James Risen was nearly held in contempt of court and thrown in jail when he refused to identify one of his sources, who was being prosecuted under the Espionage Act.

The Trump administration could even try to use the Espionage Act to bring criminal charges against journalists, according to First Amendment experts.

“There are sections of the Espionage Act which have now been used, under President Obama, against leakers which could be used against those who publish information obtained from those leakers,” Abrams said.

The article also talks about the infamous and ridiculous case of James Rosen, a Fox News reporter that the Obama administration came mighty close to using the Espionage Act on, calling Rosen a "co-conspirator" in the leaking of confidential information. Then Attorney General Eric Holder later admitted he regretted this decision, but it was pretty difficult to take seriously.

Here at Techdirt we called out the Obama administration many, many times on these highly questionable tactics, intimidating and threatening whistleblowers and journalists alike. And people told us we were overreacting. Somehow, I get the feeling that those who opposed Trump in the election will suddenly have a change of heart over these practices. If Trump goes down that road, those who are upset should be blaming President Obama and his Justice Department for leading the way.

Filed Under: barack obama, donald trump, espionage act, president obama, reporters, sources, subpoenas, whisteblowing

With Both Presidential Candidates Claiming To Be Against The TPP, President Obama Kicks Off Campaign To Ratify It

from the so-that'll-be-interesting dept

Even as the candidate that President Obama is supporting, Hillary Clinton, has been increasingly insisting that she really (no, really) is against the TPP (despite being for it prior to this campaign) -- and even as Donald Trump has been vehemently against it, despite trade agreements usually getting strong support from the GOP -- President Obama is making a big push to get the TPP ratified by Congress. It needs a majority vote in both houses of Congress to be ratified in the US. Last week, we noted the weird situation where everyone's position on the agreement appeared to be wishy-washy, though mostly for all the wrong reasons.

But that's not stopping Obama from having his cabinet make a big push to get it approved by Congress:

Among those who will hit the road will be Secretary of State John F. Kerry; Secretary of Defense Ashton B. Carter; retired Admiral Michael G. Mullen, former chairman of the Joint Chiefs of Staff under Presidents George W. Bush and Obama; Admiral Harry B. Harris Jr., commander of the United States Pacific Command; and William Cohen, a former Republican senator and defense secretary under President Bill Clinton.

Of course, everyone knows that it won't be voted on until after the election.

Although the administration’s push will begin in September, no vote on the accord will occur before the election. Just as the White House and congressional Republican leaders mostly agree on the economic benefits of trade, they have parallel political interests in delaying debate.

Republicans do not want to provoke attacks from their presidential nominee, Donald J. Trump, who called the trade accord “a rape of our country,” or hurt other Republican candidates. Mr. Obama does not want to make trouble for the Democratic nominee, Hillary Clinton, who has struggled to persuade voters of her sincerity in switching from support of the pact to opposition. This month, during an economic address in Michigan, she declared, “I oppose it now, I’ll oppose it after the election and I’ll oppose it as president.”

But, of course, that seems like it could also make a so-called "lame duck" vote pretty damn awkward as well. Yes, after the charade of the election is over, perhaps politicians will revert to their previous positions supporting the deal, but even at their most cynical, it seems a bit crass to do so right after the election. It would just underscore how absolutely full of shit they were during the campaign season. Maybe that doesn't have political consequences... but it should.

Filed Under: barack obama, congress, donald trump, hillary clinton, tpp, trade agreements