Follow us: Follow us on Facebook Follow us on Twitter Follow us on Google+ Follow us on Linkedin Follow us on Tumblr Subscribe to our RSS or Atom feed
Thursday, April 17, 2014
Southern Weather Radar


Our Writers

  • Adam Peck
  • Alan Gordon
  • Alex Kearns
  • Alex Seitz-Wald
  • Alice Murray
  • Allison Korn
  • Alyssa Cagle
  • Amanda Marcotte
  • Amanda Peterson Beadle
  • Andrea Grimes
  • Andrea Lee Meyer
  • Andrew Bowen
  • Andy Brack
  • Andy Kopsa
  • Andy Miller
  • Andy Schmookler
  • Ann Marie Pace
  • Ann Woolner & Leonard Ray Teel
  • Anna Dolianitis
  • Anna Forbes and Kate Ryan
  • Annelise Thim
  • Anoni Muss
  • April Adams
  • April Moore
  • Ariel Harris
  • Armando
  • Arthur Blaustein
  • Austen Risolvato
  • Austin McMurria
  • Barry Hollander
  • Bert Roughton III
  • Beth Ostlund
  • Betsey Dahlberg
  • Bill Hamm
  • Bill Mankin
  • Bill Montgomery
  • Bill Moyers & Michael Winship
  • Bill Phillips
  • Bill Semple
  • Bill Tush
  • Billy Howard
  • Bob Bohanan
  • Bob Pritchard
  • Booth Malone
  • Bootsie Lucas
  • Boyd Lewis
  • Brad Clayton
  • Braden Goyette For ProPublica
  • Brett Martin
  • Brian Randall
  • Brianna Peterson
  • Bruce Dixon
  • Bruce E. Levine
  • Burton Cox
  • Candice Dyer
  • Carl Kline
  • Carol Carter
  • Casey Hayden
  • Cathleen Hulbert
  • Center for American Progress
  • Chantille Cook
  • Charles O. Hendrix Jr.
  • Charles Seabrook
  • Charles Walston
  • Chelsea Toledo
  • Chelsey Willis
  • Chris Bowers
  • Chris Kromm
  • Chris Wohlwend
  • Christopher Burdette
  • Chrys B. Graham
  • Chuck Collins
  • Cliff Green
  • Cody Maxwell
  • Collin Kelley
  • Craig Miller
  • Crissinda Ponder
  • Dallas Lee
  • Dan Kennedy
  • Daniel Flynn
  • Daniel K. Williams
  • Daniel Palmer
  • Danny Fulks
  • Dante Atkins
  • Darby Britto
  • Dave Cooley
  • Dave Johnson
  • Dave Pruett
  • David Bradford
  • David Evans
  • David Harris-Gershon
  • David Jenks
  • David Kyler
  • David Rotenstein
  • David Swanson
  • Dean Baker
  • Deb Barshafsky
  • Debbie Houston
  • Deborah Chasteen
  • Denise Oliver Velez
  • Dennis McCarthy
  • Desiree Evans
  • Dian Cai
  • Diana Delatour
  • Dina Rasor
  • Dindy Yokel
  • Doc
  • Don Lively
  • Don O'Briant
  • Door Guy
  • Doug Couch
  • Doug Cumming
  • Dr. Brian Moench
  • Dr. Nick De Bonis
  • E. David Ferriman
  • Earl Fisher
  • Eden Landow
  • Eileen Dight
  • Eleanor Ringel Cater
  • Elizabeth Shugg
  • Ellen Brown
  • Elliott Brack
  • Erin Kotecki Vest
  • Fatima Najiy
  • FishOutofWater
  • Francisco Silva
  • Frank Povah
  • Fred Brown
  • Frederick Palmer
  • Gadi Dechter, Michael Ettlinger
  • Gail Kiracofe
  • Gaius
  • Georgia Logothetis
  • Gib Ennis
  • Gina Williams
  • Gita M. Smith
  • Glenn Overman
  • Gordon Anderson
  • Gregory C. Dixon
  • Gryphon Corpus
  • Hamp Skelton
  • Harriet Barr
  • Heather Boushey
  • Henry Dreyer
  • Hollis B. Ball III
  • Hugh
  • Hyde Post
  • Ian Kim
  • Ian Millhiser
  • Isabel Owen
  • Ivy Brashear
  • J.A. Myerson
  • Jack deJarnette
  • Jack Wilkinson
  • Jacklyn C. Citero
  • Jake Olzen
  • James Hataway
  • James Marc Leas
  • James N. Maples
  • Janet Ward
  • Jasmine Burnett
  • Jason Palmer
  • Jason Parker
  • Jay Thompson
  • Jeff Cochran
  • Jeff Davis
  • Jeff Rayno
  • Jeff Spross
  • Jennifer Hill
  • Jesse Harwell
  • Jessica Luton
  • Jim Bentley and Jeff Nesmith
  • Jim Clark
  • Jim Cobb
  • Jim Fitzgerald
  • Jim Newell
  • Jim Stovall
  • Jim Walls
  • Jim Warren
  • Jimmy Booth
  • Jing Luo
  • Jingle Davis
  • Joan Donovan
  • Jodi Jacobson
  • Jody Wegmueller
  • Joe Earle
  • Joe Shifalo
  • Joel Groover
  • Joey Ledford
  • John A. Tures
  • John Dembowski
  • John Hickman
  • John M. Williams
  • John Manasso
  • John Sugg
  • John Tabellione
  • John Yow
  • Jon Sinton
  • Jonathan Grant
  • Joni Hunnicutt
  • Jonna Pattillo
  • Joseph B. Atkins
  • Joseph Gatins
  • Josh Dorner
  • Josh Sewell
  • Joy Moses
  • Judith Stough
  • Judy McCarthy
  • Juli Ward
  • Julian Bond
  • Julianne Wyrick
  • Julie Ajinkya
  • Julie Puckett Fodera
  • Just Plain Will
  • Kaili Joy Gray
  • Kate Greer
  • Kate McNally
  • Kathleen Brewin Lewis
  • Kathleen Harbin
  • Kathleen R. Gegan
  • Kathryn Hoffman
  • KC Wildmoon
  • Keith Graham
  • Ken Edelstein
  • Ken Haldin
  • Kevin Austin
  • Kevin Duffy
  • Kip Burke
  • Kirk McAlpin
  • Kirsten Barr
  • Kos Moulitsas
  • Kristie Macrakis
  • Lacey Avery
  • Lamont Cranston
  • Laura Clawson
  • Laura Smith
  • Laurence Lewis
  • Lawrence S. Wittner
  • Lee Leslie
  • Lee Robin
  • Les Eatwell
  • LikeTheDew
  • Linda Hunt Beckman
  • Linda Jordan Tucker
  • Lisa Byerley Gary
  • Lisa Kerr
  • Lois Beckett, Propublica
  • Lorraine Berry
  • Louis Mayeux
  • Lovell Jones, Ph.D.
  • Lucy Emerson Sullivan
  • Lucy Guest
  • Maggie Lee
  • Maisha White
  • Mandy Richburg Rivers
  • Margi Ness
  • Marian Wang, ProPublica
  • Marie Diamond
  • Mark Dohle
  • Mark Johnson
  • Mark Sumner
  • Martha W. Fagan
  • Mary Civille
  • Mary Elizabeth King
  • Mary Kay Andrews
  • Mary Lee
  • Mary Willis Cantrell
  • Matt Johnson
  • Matt Musick
  • Matt Renner
  • Matthew Wright
  • Maurice Carter
  • Meg Livergood Gerrish
  • Meghan Miller
  • Melanie Rochat
  • Melinda Ennis
  • Michael Beckel
  • Michael Castengera
  • Michael Ettlinger
  • Michael J. Solender
  • Michael Linden
  • Michael Lux
  • Michael W. Twitty
  • Mike Copeland
  • Mike Cox
  • Mike Handley
  • Mike Lofgren
  • Mike Ludwig
  • Mike Williams
  • Mike ”Hunter” Lazzaro
  • Mimi Skelton
  • Moni Basu
  • Monica Smith
  • Murray Browne
  • Myra Blackmon
  • Nancy Melton
  • Nancy Puckett
  • Nancy Robinson
  • Nancy Rogers
  • Neill Herring
  • Nelly McDaid
  • Nikki Gardner
  • Niles Reddick
  • Noel Holston
  • Occupy Wall Street
  • Overman & Senn
  • Pamela Sumners
  • Pat Garofalo
  • Pat LaMarche
  • Patrick L. Ledford
  • Patsy Dickey
  • Patti Ghezzi
  • Paul Krupin
  • Paul Rutledge
  • Paul Thim
  • Pete & Jack
  • Peter Crawford
  • Peter Turnbull
  • Phil Gast
  • Phil Noble
  • Philip Graitcer
  • Phyllis Alesia Perry
  • Phyllis Gilbert
  • Piney Woods Pete
  • R. P. Singletary
  • R.L. Miller
  • Rafael Alvarez
  • Randy Conway
  • Randy Schiltz
  • Ray Bearfield
  • Raymond L. Atkins
  • Reagan Walker
  • Rebecca Sive
  • Richard Eisel
  • Righton C. Willis
  • Rob Chambers
  • Rob Coppock
  • Rob Douthit
  • Robert Dardenne
  • Robert Jensen
  • Robert Lamb
  • Robert M. Williams, Jr.
  • Robert Mashburn
  • Robert Weiner & Richard Mann
  • Robin Marty
  • Rodney Adams
  • Roger Gregory
  • Ron Feinberg
  • Ron Taylor
  • Rose Aguilar
  • Rose Weaver
  • Rosemary Griggs
  • Russ Wellen
  • Sam Morton
  • Sao Magnifico
  • Sara Amis
  • Sarah Ayres
  • Sarah Bufkin
  • Saralyn Chesnut
  • Scott Anna
  • Scott Borchert
  • Scott Keyes
  • Scott Wooledge
  • Seth Cline
  • Shane Gilreath
  • Sharon M. Riley
  • Shay Dawkins
  • Sheffield Hale
  • Sheila Barnard Nungesser
  • Sigrid Sanders
  • SoniaTai
  • Sonya Collins
  • Soraya Chemaly
  • Spencer Lawton
  • Stephanie Taylor
  • Stephen Lacey
  • Steve King
  • Steve Krodman
  • Steve Valk
  • Stuart Liss
  • Sue Sturgis
  • Sujigu
  • Susan De Bonis
  • Susan Soper
  • Susan Wilson
  • Suz Korbel
  • Tammy Andrews
  • Tammy Ingram
  • Tanya Somanader
  • Ted Kooser
  • Terri Evans
  • The Barnacle Goose
  • Thomas A. Bledsoe
  • Tiger Liliuokalani
  • Tim Oliver
  • Timothy Freeman
  • Timothy Hurst
  • Tom Baxter
  • Tom Crawford
  • Tom Ferguson
  • Tom Millsop
  • Tom Poland
  • Tom Walker
  • Travis Waldron
  • Travis Waldron & Pat Garofalo
  • Trevor Stone Irvin
  • Tricia Collins
  • Troubadour
  • Valerie Evans
  • Viveca Novak
  • Waldron, Somanader & Garofalo
  • Walter Rhett
  • Wanda Argersinger
  • Wayne Countryman
  • Wayne Johnson
  • We The People
  • Will Cantrell
  • Will Nelson
  • William Cotter
  • William Hedgepeth
  • Yana Kunichoff
  • Yasmin Vafa
  • Zack Beauchamp
  • Zack Ford
  • Zaid Jilani
  • Zaina Budayr



  • Login or Subscribe

    Like the Dew?

    We are non-commercial, all volunteer and supported by our readers. Please help sustain the Dew by making a donation.

    Clapper v. Amnesty International:

    Associate Justice Alito Changes His Mind About Giving the Targets of Secret Surveillance a Day in Court

    by | Mar 5, 2013

    catch22Surveillance was victorious over Liberty once again in the U.S. Supreme Court on February 26th. In a 5 to 4 vote in Clapper v. Amnesty International, the court overturned a decision by the Second Circuit Court of Appeals that U.S. citizen attorneys, activists and journalists working on human rights issues have standing to seek a permanent injunction against the monitoring of their electronic communications with foreigners outside the country by U.S. intelligence agencies. The important work they perform requires privacy of communication so that their sources will give them information. Standing is the requirement parties must have a substantive dispute meriting a judicial decision.

    The practical effect of the Supreme Court’s reversal of the Second Circuit is that secret policemen may read the e-mail messages exchanged between U.S. citizens and foreign nationals if they can persuade the U.S. Attorney General and Director of National Intelligence to request a warrant from the Foreign Intelligence Surveillance Court (FISC). How difficult is that? Given that the FISC conducts its business in secret, we don’t know much about its decision-making. However, we do know that in 2011 it granted 1,674 of the 1,676 requests for authority to conduct secret electronic surveillance. The other two requests were withdrawn rather than denied. In effect, all that protects U.S. citizens from having intelligence agents read any e-mails they might exchange with foreigners is a court that holds its proceedings in secret and never says ‘no.’

    That a court dominated by conservatives would sacrifice freedom to security is unsurprising, but who wrote the majority decision in Clapper and how he delivered the bad news merits scrutiny. The author is one of former President George W. Bush’s appointees: Associate Justice Samuel A. Alito, Jr. Here is what Alito said during his January 10, 2006 U.S. Senate Judiciary Committee Confirmation Hearing when asked whether the victims of government spying should have their day in court:

    “Certainly. If someone has been the subject of illegal law enforcement activities, they should have a day in court. And that’s what the courts are for, to protect the rights of individuals against the government or anyone else who violates their rights. And they have to be absolutely independent and treat everybody equally.”

    Yet a day in court is exactly what Alito is denying with the Clapper decision. Without standing, bringing an action for a permanent injunction against being spied upon is blocked.

    What is Alito’s reasoning? Because U.S. citizens who believe their electronic communications are being monitored have no knowledge of the Government’s targeting practices, what they fear is “necessarily conjectural.” That is not enough to give them standing in court. In footnote 4 he instructs that it is, “not the Government’s burden to disprove standing by revealing details of its surveillance priorities,” and then follows with a bit of terrorist baiting:

    “Moreover, this type of hypothetical disclosure proceeding would allow a terrorist (or his attorney) to determine whether he is currently under U.S. surveillance simply by filing a lawsuit challenging the Government’s surveillance program.”

    Not only does Alito tell the subjects of secret government surveillance that they cannot have their day in court because the surveillance they complain about is being conducted secretly – that the burden is on them to produce evidence that is in the possession of the secret police – but then tags them as possible terrorists.

    To identify other examples of absurdity as nauseating one has to turn to fiction: the exchange between Captain Yossarian and Doc Daneeka about the rule that is also the title of Joseph Heller’s novel Catch 22. Under that regulation, U.S. Army Air Corps bomber crewmen exposed to escalating risks of death because of the professional rivalries among their senior officers could not be medically grounded for insanity unless they so requested. However, all such requests would be automatically denied because they constituted evidence of sanity.

    Under the Clapper decision, targets of secret surveillance are denied legal standing to challenge their secret surveillance because they cannot show that they are being surveilled. They cannot show that because their surveillance is being conducted secretly. That is absurdity so patent, so obvious, that the failure to recognize it could be taken as evidence of insanity.

    ###
    John Hickman

    John Hickman

    John Hickman is associate professor of comparative politics at Berry College in Rome, Georgia. His published work on electoral politics, media, and international affairs has appeared in Asian Perspective, American Politics Research, Comparative Strategy, Contemporary South Asia, Contemporary Strategy, Current Politics and Economics of Asia, East European Quarterly, JOunral of Third World Studies, Journal of Southern Europe and the Balkans, Legislative Studies Quarterly, Political Science, Review of Religious Research, Women & Politics, and Yamanashigakuin Law Review. He may be reached at jhickman@berry.edu.

     

    Print Friendly

     

    Note: Users are solely responsible for opinions they post here and for the agreed-upon rules of civility. Comments do not reflect the views of LikeTheDew.com. Comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click here to report a violation.

    • Trevor Irvin

      The NeoCon Courts have broken the law of Franklin, by sacrificing our freedoms for the illusion of security.

    • hannah

      The Constitution is a directive to agents of government, outlining what they may and must do. The Amendments, on the other hand, while also addressed to the agents of government enumerate certain prohibited behaviors. However, the enforcement mechanisms in the even the prohibitions are violated are almost non-existent. Information gather contrary to the prohibitions cannot be used to punish the victim via a judicial proceeding. Big deal. If there is no intention of ever bringing a victim of surveillance to court, the penalty is moot. Ditto for the provision that an arrested person must be provided with legal representation. Detainees, whether in Guantanamo or ICE facilities don’t qualify because they haven’t been arrested and won’t be.

      See, the behavior is entirely logical, when one takes the proper preconceptions into account. The Cons, such as Alito, are convinced that men are created evil and the state exists to make them good. The Constitution’s commitment to individual probity (that what a person does is good, unless it is proved not) does not compute. Which is why they “presumption of innocence” has largely been reduced to the equivalent of a starter’s pistol to get a trial (contest) under way. It’s a hypothetical, not real.

      Terrorists are people who frighten others. Terrorists are to be dispatched without much bother or fuss. That’s what the Congress has ordered. Moreover, it has ordered that it be accomplished without harm to military personnel. The result is that terrorists are to be identified in secret and dispatched via drones.

      Typically, the Cons in Congress want to blame the President. Some of their acolytes want him impeached for keeping secrets. They should look to themselves, repeal the AUMF and rescind the PATRIOT Act. Congress writes the laws. SCOTUS interprets them. If we don’t like scofflaws making law, we have to change them out.

  • Worthy of Comment



  • Also on the Dew

    Busted Brackets

    Busted Brackets

    By: Will Cantrell

    You knew in the beginning it was folly, no good -- like that girl who lived around the corner your Momma said was "fast." “She's gonna take your money and your stomp on your heart,” Momma said. You knew it too ... but you went anyway. YOU You promised yourself you would not get involved this time. You knew all about the probabilities ... the impossibilities, really. You knew all about the odds against success, heard Nate Silver -- or somebody -- use $5 words like “implacable,” “infinitesimal” and “asymptotic” to assure Charlie Rose the odds were ridiculous. And yes, you knew it was a Fool's Notion  Read on →

    Much To Do During Annual Bear Festival

    Much To Do During Annual Bear Festival

    By: Jimmy Booth

    The large crowds attending Dahlonega's Bear on the Square Mountain Festival come each year to the Georgia Mountain foothills town expecting to be entertained by the better known activities, including the constant jamming by visiting and local musicians, the Friday night Auction, and the MainStage Tent musical performances and Artist Marketplace on Saturdays and Sundays. There are a large number of other less publicized activities during this festival, which will be taking place the fourth weekend of April around Dahlonega's Historic Public Square. This will be the town's 18th annual celebration of the Southern Appalachian culture, including music, art and folkways, and  Read on →

    The Rise and Fall of the Second Reconstruction Era in America

    The Rise and Fall of the Second Reconstruction Era in America

    By: Lovell Jones, Ph.D.

    How many of you are aware that Albert Einstein taught a physics class at Lincoln University (an HBCU in Pennsylvania) in 1946? In doing so, the Nobel Prize-winning scientist once said, "The separation of the races is not a disease of colored people. It is a disease of white people. I do not intend to be quiet about it.” Another noted figure, Martin Luther King, once said, “Our lives begin to end the day we become silent about the things that matter.” But we have become silent, for I don’t see the human outcry about where we are today. We have be  Read on →

    Back in the day

    Back in the day

    By: KC Wildmoon

    Tom Poland inspired me. He wrote about the old Ocean Forest Hotel, a magnificent behemoth of a hotel on a Grand Strand beach north of Myrtle Beach, my old vacation stomping ground. The Ocean Forest is gone now, and that reminded me of another iconic Myrtle Beach spot that has also vanished from the earth. -- Between 8th and 9th Avenues North, between North Ocean Boulevard and the King's Highway, there sits a big old empty lot, different from other empty lots only because of the zipline installed in its western end. A smaller, completely empty lot  sits across the street between   Read on →