U.S. doesn't rule out possibility Snowden secretly talking to Russians
February 4th, 2014
04:54 PM ET

U.S. doesn't rule out possibility Snowden secretly talking to Russians

By Bill Mears

U.S. intelligence officials would not rule out the possibility on Tuesday that admitted National Security Agency leaker Edward Snowden has been meeting secretly with Russian authorities, who have given him asylum from U.S. prosecution.

The subject of Russia dominated a House Intelligence Committee hearing, featuring testimony from the director of national intelligence, as well as the heads of the CIA, FBI, and Defense Intelligence Agency.

DNI James Clapper told lawmakers it was "certainly a possibility" Russian intelligence services have spoken with Snowden, the former National Security Agency contractor whose disclosure of sensitive surveillance methods has caused a political uproar.

"I would find it incredulous if they didn't," said Clapper, about any efforts to influence Snowden by the FSB, Russia's state security organization.
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Filed under: Edward Snowden • Intelligence • James Clapper • NSA • Russia
Newly declassified documents released on post-9/11 surveillance
December 21st, 2013
08:39 PM ET

Newly declassified documents released on post-9/11 surveillance

The Obama administration has released more once-secret national security documents, this time detailing the origins of increased electronic surveillance to collect foreign intelligence in the months after the 9/11 attacks.

Director of National Intelligence James Clapper said Saturday in a statement that the material shows that President George W. Bush authorized spy agencies to collect contents of some overseas communications, as well as the bulk collection of domestic phone calls and e-mail metadata.

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Filed under: Security Brief
Court: CIA denial of drone records a "fiction"
March 15th, 2013
06:25 PM ET

Court: CIA denial of drone records a "fiction"

By Bill Mears

A federal appeals court panel has ruled the CIA must acknowledge the existence of any records related to military unmanned drone strikes aimed at people such as terror suspects overseas.

It called the agency's previous denials "fiction."

The American Civil Liberties Union and other groups had filed a Freedom of Information Act request, but the spy agency - citing national security - refused to confirm or deny it had any such records.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia did not buy the argument, giving the outside groups a partial legal victory Friday.

"The CIA asked the courts to stretch that doctrine too far - to give their imprimatur to a fiction of deniability that no reasonable person would regard as plausible." FULL POST

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Filed under: CIA • drones • Intelligence
Supreme court hears arguments on secret domestic surveillance
October 29th, 2012
04:56 PM ET

Supreme court hears arguments on secret domestic surveillance

By Bill Mears

David Nevin is an American private attorney defending accused 9/11 terror mastermind Khalid Sheikh Mohammed.

Human Rights Watch is an international group that has monitored the U.S. government's treatment of accused terrorists held at the Guantanamo Bay military prison, including Mohammed.

Journalist/activists Naomi Klein and Chris Hedges have written about the war on terror and have overseas sources as part of their jobs.

These key plaintiffs asked the Supreme Court on Monday to allow them to proceed with a lawsuit over the constitutionality of the federal government's sweeping electronic monitoring of targeted foreigners suspected of terrorism or spying. FULL POST

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Filed under: Intelligence • NSA • Technology
Judge orders Maj. Nidal Hasan forcibly shaved for court martial
Bell Co., Texas Sheriff's Office Photo
September 6th, 2012
03:16 PM ET

Judge orders Maj. Nidal Hasan forcibly shaved for court martial

By Larry Shaughnessy

Col. Gregory Gross, the judge who will oversee the military trial of Maj. Nidal Hasan, ordered the Army psychiatrist to be forcibly shaved for his trial, according to Tyler Broadway, a spokesman at Fort Hood.

The order is likely to trigger an appeal that would further delay the case, which has dragged on now since 2009.

Hasan's attorney had filed an appeal when Gross threatened to order the shaving but the appeals court said it wouldn't issue a decision until the shaving was actually ordered. Thursday's order by Gross opens the door for that appeal.

The last time he was in court, Hasan told the judge, "Your honor, in the name of almighty Allah, I am a Muslim. I believe that my religion requires me to wear a beard."

Gross has said the beard violates Army regulations and Hasan is still an officer in the U.S. Army and subject to regulations.

Hasan's court-martial had been scheduled to start last month at Fort Hood, in Killeen, Texas, where he is accused of killing 13 people and wounding 32.

His lawyers can now go to the U.S. Court of Appeals for the Armed Forces, an independent tribunal with worldwide jurisdiction over active-duty members of the U.S. armed forces and others subject to the Uniform Code of Military Justice.

The District of Columbia-based court is made up of five civilian judges appointed for 15-year terms by the president. Decisions of the court are subject to direct appeal to the U.S. Supreme Court. Such an appeals process could delay Hasan's criminal trial for months if not years.

CNN's Bill Mears contributed to this report

August 8th, 2012
03:10 AM ET

Appeals court dismisses lawsuit over warrantless wiretap program

By Bill Mears

A one-time American-based Islamic group cannot sue the government over claims it was targeted by the government's once-secret Terrorist Surveillance Program, a federal court has ruled.

The San Francisco-based 9th Circuit U.S. Court of Appeals on Tuesday unanimously tossed out a lawsuit by the now-closed Al-Haramain Islamic Foundation. The federal government had listed the Ashland, Oregon, chapter as a supporter of terrorism in 2004.

The group sued, saying its private overseas communications were unconstitutionally being monitored under the Bush administration's warrantless wiretap program. That spy program was unveiled in a 2005 New York Times article that said government officials were working with private telecom companies to secretly monitor telephone and e-mail traffic of targeted individuals and groups, both domestic and international.

Federal officials later publicly acknowledged the existence of the program, which was then officially authorized by Congress in 2008.

"This case effectively brings to an end the plaintiffs' ongoing attempts to hold the Executive Branch responsible for intercepting telephone conversations without judicial authorization," said the appeals court.

Read the full CNN.com story here.

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Military limiting Guantanamo detainee access to lawyers
August 7th, 2012
06:23 PM ET

Military limiting Guantanamo detainee access to lawyers

By Bill Mears, CNN Supreme Court Producer

The Obama administration has begun limiting the legal rights of terror suspects held at the Guantanamo Bay military prison in Cuba, telling a federal judge Tuesday the government alone should decide when the prisoners deserve regular access to their counsel.

In a 52-page filing, Justice Department lawyers said they have started restricting when Guantanamo prisoners can challenge their detention in a Washington-based federal court. If approved, any relaxing of the rules would be made on a case-by-case basis at the exclusive discretion of military officials, not by the courts.

At issue is whether a Supreme Court decision on detainee rights from 2008 gives federal courts the ultimate power to control so-called "habeas" petitions from foreign combatants in U.S. military custody. Volunteer private lawyers say they deserve regular access to their imprisoned clients, even if there is no active habeas challenge pending in court, or any pending charges. FULL POST

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Filed under: Gitmo • Military
Justices dismiss law making lying about military honors a crime
June 28th, 2012
11:25 AM ET

Justices dismiss law making lying about military honors a crime

By CNN Supreme Court Producer Bill Mears

The Supreme Court on Thursday struck down a federal law making it a crime to falsely claim military medals earned.

The 6-3 ruling was a free speech victory but perhaps in name only - for a onetime California public official who publicly lied about winning the prestigious Medal of Honor.

At issue is the constitutional value of false statements of fact, and whether Congress went too far when passing the Stolen Valor Act in 2006.
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Filed under: Justice Department • Medal of Honor • Military
Supreme Court declines fresh review of Guantanamo detainee issue
The guard tower at the front gate of "Camp Five" and "Camp Six" detention facility of the Joint Detention Group at the US Naval Station in Guantanamo Bay, Cuba, January 19, 2012
June 11th, 2012
06:26 PM ET

Supreme Court declines fresh review of Guantanamo detainee issue

By Bill Mears

Appeals from seven detainees at the Guantanamo Bay military prison in Cuba, contesting their open-ended custody, were turned aside by the Supreme Court on Monday.

Without comment, the justices refused to take a fresh look at the "habeas" petitions by the suspected foreign enemy fighters and what rights they have to make their claims in federal court.

In the so-called Boumediene ruling in 2008, the high court said "enemy combatants" held overseas in U.S. military custody have a right to a "meaningful review" of their detention in the civilian legal justice system. It would force the government to present evidence and justify keeping the prisoners indefinitely, without charges.

But a federal appeals court in Washington has since refused to order the release of any detainee filing a habeas corpus writ, in some cases rejecting such orders from lower-court judges.

According to Pentagon figures, 169 foreign men are still at the Guantanamo facility, including five "high-value" suspected terrorists from the 9/11 attacks set to go on military trial.
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Filed under: Cuba • Detainees • Gitmo
Court blocks release of CIA interrogation methods
May 21st, 2012
05:14 PM ET

Court blocks release of CIA interrogation methods

By Bill Mears

CIA secret interrogation methods - including detention and harsh questioning of suspected terrorists - remain off limits to public release, a federal appeals court ruled Monday.

The agency was sued eight years ago to provide details of certain communications describing the use of waterboarding and other direct intelligence-gathering methods of foreign terror suspects. A three-judge panel from the 2nd U.S. Circuit Court of Appeals ruled "intelligence methods" are not subject to a Freedom of Information Act request from the lawsuit by the American Civil Liberties Union.

"We give substantial weight to the government's declarations, which establish that disclosing the redacted portions of the (secret memos) would reveal the existence and scope of a highly classified, active intelligence activity," said the judges. FULL POST

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Filed under: CIA • Gitmo • Intelligence • Lawsuit • Legal • Living With Terror
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