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US intelligence chief criticizes surveillance laws
Law Center |
2007/04/05 17:25
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John M. "Mike" McConnell, who succeeded John Negroponte as US Director of National Intelligence in February, delivered a policy address to the 2007 Excellence in Government Conference Wednesday criticizing federal surveillance laws as outdated and unresponsive to terrorist threats. McConnell, who previously served as the director of the National Security Agency (NSA) from 1992 to 1996 before working for private consulting firm Booz Allen until February, said: The laws that we had coming out of Vietnam, Watergate, Church-Pike hearings of the '70s served us well. But it also set up barriers and cultures and processes that did not make us well suited to combat a new "ism," in this case terrorism. What do I mean by that? When someone enters this country, they are considered a US person. They have all the rights and privileges – let me restate that – most of the rights and privileges of a US citizen. So if the intelligence community is tracking someone of suspected terrorism and they arrive in this country in a legal status, they're now off limits to the intelligence community. Switch to law enforcement. The rules and regulations on law enforcement are much more stringent with regard to conducting surveillance of either US citizens or US persons. So the terrorists that came here and operated here prior to 9/11, so long as they were here legally and so long as they did not break the law, they were mostly invisible to us.
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Bush calls on Congress to promote new fuels
Law Center |
2007/04/03 19:40
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President Bush urged Congress on Tuesday to adopt his proposed targets for alternative fuel use as a way of combating greenhouse gas emissions a day after the US Supreme Court ruled in Massachusetts v. EPA that the Clean Air Act gives the Environmental Protection Agency authority to regulate automobile emissions. Speaking at a Rose Garden press conference, Bush said: First of all, the decision of the Supreme Court we take very seriously. It's the new law of the land. And secondly, we're taking some time to fully understand the details of the decision... My attitude is, is that we have laid out a plan that will affect greenhouse gases that come from automobiles by having a mandatory fuel standard that insists upon using 35 billion gallons of alternative fuels by 2017, which will reduce our gasoline usage by 20 percent and halt the growth in greenhouse gases that emanate from automobiles. In other words, there is a remedy available for Congress. And I strongly hope that they pass this remedy quickly. Bush, who opposes mandatory limits on carbon dioxide emissions, also reiterated his belief that rapidly developing countries such as China and India must do more to control pollution. Scientific research suggests that man-made greenhouse gases contribute to global warming. Efforts to establish national emissions limits have gained traction in Congress since the Democrats became the majority party. Last month, former CIA director John Deutch recommended in a report to international civic leaders that the United States enact an EU-style cap-and-trade program among other measures to control greenhouse gas emissions. In January, a coalition of US businesses and environmental groups called for federal legislation to limit emissions. Overseas, the British government last month introduced a draft environmental bill that could control greenhouse gas emissions through 2050. |
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FCC order strengthens pretexting regulations
Law Center |
2007/04/03 15:36
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The Federal Communications Commission (FCC) adopted new privacy rules for telephone and wireless companies on Tuesday aimed at strengthening safeguards against pretexting, the disclosure of personal telephone records to unauthorized individuals. The new rules include carrier authentication requirements, additional notice requirements, and annual certification requirements. Commenting on the new rules, FCC Chairman Kevin Martin said in a prepared statement that the regulations significantly strengthen existing safeguards by requiring express consent before a carrier can give a customer’s phone records to other parties for marketing purposes. In January, President Bush signed into law new federal legislation to protect telephone consumers from pretexting. The Telephone Records and Privacy Protection Act of 2006 was approved by the US Senate in December in response to the Hewlett-Packard corporate spying scandal that broke last summer. |
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High Court Rules Against White House on Emissions
Law Center |
2007/04/02 12:56
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The US Supreme Court ruled Monday that the Environmental Protection Agency (EPA) has the authority under the Clean Air Act to regulate the emission of "greenhouse gases," such as carbon dioxide, by automobiles. In Massachusetts v. EPA, 12 states and several environmental groups sued the EPA arguing that the agency had, according to the court, "abdicated its responsibility under the Clean Air Act" to regulate greenhouse gas emissions. The Court first agreed that the plaintiffs had standing to bring the lawsuit and went on to rule that "Because greenhouse gases fit well within the Clean Air Act's capacious definition of 'air pollutant,' we hold that EPA has the statutory authority to regulate the emission of such gases from new motor vehicles." The Court reversed and remanded the federal appeals court decision, saying that the EPA improperly "offered no reasoned explanation for its refusal to decide whether greenhouse gases cause or contribute to climate change" and holding that the "EPA must ground its reasons for action or inaction in the statute." Read the Court's 5-4 opinion per Justice Stevens, along with a dissent from Chief Justice Roberts and a second dissent from Justice Scalia.
In a second decision handed down Monday, the Court ruled in Environmental Defense Fund v. Duke Energy Corp. that the US Court of Appeals for the Fourth Circuit improperly interpreted Prevention of Significant Deterioration (PSD) regulations under the Clean Air Act. The appeals court ruled that the Clean Air Act requires the EPA to conform PSD regulations to their New Source Performance Standards (NSPS) counterparts, and the Supreme Court held that "the Court of Appeals's reading of the 1980 PSD regulations, intended to align them with NSPS, was inconsistent with their terms and effectively invalidated them; any such result must be shown to comport with the Act's restrictions on judicial review of EPA regulations for validity." Read the Court's opinion per Justice Souter, along with a concurrence from Justice Thomas. |
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Judge tosses out rules for managing forests
Law Center |
2007/04/01 10:19
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A federal district judge in San Francisco has ruled that the US Forest Service violated environmental laws when it promulgated a 2005 regulation governing the management of national forests. On motions for summary judgment in combined lawsuits brought by environmental groups, US District Judge Phyllis Hamilton of the Northern District of California Friday enjoined the Forest Service from enforcing the rule "until it has fully complied" with the Endangered Species Act and the National Environmental Policy Act. Hamilton found that the 2005 regulation, which gave national forest managers more discretion in allowing logging, mining and other activities, had been adopted without adequate procedural safeguards, environmental reviews and public comment. Hamilton wrote: The agency was required to undertake some type of consultation, informal or otherwise, prior to making a conclusive determination that there would be no effect. Given the 2005 Rule's potential indirect effects on listed species, combined with the USDA's lack of documentation in support of their "no effect" determination, the failure to consult and/or prepare any type of biological analysis in conjunction with the 2005 Rule was arbitrary and capricious. At the same time, Hamilton declined to reinstate a 1982 regulation, as the environmental groups had sought. Rodger Schlickeisen, president of Defenders of Wildlife, one of the plaintiff groups, praised Hamilton's ruling, saying:
The Bush administration reversed decades of progress in managing national forests, without considering the impacts on wildlife and the environment. The administration also cut the public out of the loop when considering these large-scale changes to how our nation's forests are managed.
US Justice Department officials are considering an appeal. |
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Judge dismisses lawsuit against Rumsfeld
Law Center |
2007/03/30 01:54
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Former Defense Secretary Donald H. Rumsfeld cannot be tried on allegations of torture in overseas military prisons, a federal judge said Tuesday in a case he described as "lamentable." U.S. District Judge Thomas F. Hogan threw out a lawsuit brought on behalf of nine former prisoners in Iraq and Afghanistan . He said Rumsfeld cannot be held personally responsible for actions taken in connection with his government job. Lawyers for the American Civil Liberties Union and Human Rights First had argued that Rumsfeld and top military officials disregarded warnings about the abuse and authorized the use of illegal interrogation tactics that violated the constitutional and human rights of prisoners. "This is a lamentable case," Hogan began his 58-page opinion Tuesday. "Despite the horrifying torture allegations," Hogan said, he could find no case law supporting the lawsuit, which he previously had described as unprecedented. Allowing the case to go forward, Hogan said in December, might subject government officials to all sorts of political lawsuits. Even Osama bin Laden could sue, Hogan said, claiming two American presidents threatened to have him murdered. Had the Rumsfeld lawsuit been allowed to go forward, attorneys for the ACLU might have been able to force the Pentagon to disclose what officials knew about abuses such as those at Abu Ghraib prison in Iraq and what was done to stop it. The Justice Department had no immediate comment. Karpinski, whose Army Reserve unit was in charge of the Abu Ghraib prison, was demoted and is the highest-ranking officer punished in the scandal. Sanchez, who commanded U.S. forces in Iraq, retired from the Army and said his career was a casualty of the prison scandal. |
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Gonzales aide testifies about firings
Law Center |
2007/03/29 09:13
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Eight federal prosecutors were fired last year because they did not sufficiently support President Bush's priorities, Attorney General Alberto Gonzales' former chief of staff said today, a standard that Democrats called "highly improper." "The distinction between 'political' and 'performance-related' reasons for removing a United States attorney is, in my view, largely artificial," Kyle Sampson told the Senate Judiciary Committee. "A U.S. attorney who is unsuccessful from a political perspective ... is unsuccessful." Democrats on the panel immediately rejected the concept of mixing politics with federal law enforcement. They accusing the Bush administration of cronyism and trying to circumvent the Senate confirmation process by installing favored GOP allies in plum jobs as U.S. attorneys. "It corrodes the public's trust in our system of Justice. It's wrong," said Judiciary Committee Chairman Patrick Leahy. "When anybody tries a backdoor way to get around the Senate's constitutional duty and obligation of advise and consent, it does not sit well." After being sworn, Sampson, who quit earlier this month amid the furor, disputed Democratic charges that the firings were a purge by intimidation and a warning to the remaining prosecutors to fall in line. Nor, he said, were the prosecutors dismissed to interfere with corruption investigations. "To my knowledge, nothing of the sort occurred here," Sampson told the committee. |
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