Posts Tagged ‘Fox News’


FOI Daily Dose: Fox News reporter uses NY shield law to fend off subpoena; Dems and GOP criticize Snowden, NSA director speaks about leaks

New York shield law may fend off subpoena

A Fox News reporter is seeking protection from being forced to reveal her sources in Colorado court under New York’s shield law, according to the Reporters Committee for Freedom of the Press.

Fox News reporter Jana Winter was subpoenaed in January for a July 25 story she wrote about the Colorado movie theater massacre last summer involving two anonymous law enforcement sources.

A five-judge panel heard the case on June 12 when Winter’s attorney argued that she should not be forced to reveal her sources because even though she was reporting in Colorado, she lives and works in New York, and is therefore protected under New York’s shield law, which provides “absolute privilege for journalists’ confidential sources and reporting materials,” RCFP said.

The attorneys for the accused shooter James Holmes subpoenaed Winter, saying the law enforcement sources violated Holmes’ right to a fair trial by telling Winter about his notebook allegedly filled with drawings of the planned shooting.

With the help of a Colorado judge in January, the attorneys got Justice Larry Stephan of Manhattan to sign-off on a subpoena, and Winter’s attorney, Dori-Ann Hanswirth, filed papers to appeal Stephan’s decision to sign, according to Fox News.

Since Stephan signed, Winter had to attend a Colorado hearing in April to determine whether Holmes’s notebook qualifies as evidence in the case. Winter is scheduled to reappear before the court in August, and if the notebook is ruled a “substantial issue,” she will be ordered to reveal her sources lest she face time in jail for contempt of court, according to RCFP.

But the New York court’s decision from Wednesday’s hearing may save her if they rule that Stephan should not have signed-off on the subpoena in the first place. Hanswirth told RCFP she is hopeful the New York court will decide before August.

Snowden under fire from both sides of party lines, NSA director speaks out

National Security Agency whistle-blower Edward Snowden received criticism from Republicans and Democrats on June 13 after closed briefings with top administration officials, according to Yahoo News.

Two senior Republican lawmakers raised vague, yet alarming concerns that terrorists are already changing their tactics now that the NSA surveillance programs are unveiled.

Rep. Mike Rogers (R-Mich) said there are “changes we can already see being made by the folks who wish to do us harm, and our allies harm,” and Sen. Saxby Chambliss (R-Georgia) of the Senate Intelligence Committee said those “changes” might even cost American lives, according to Yahoo.

“His disclosures are ultimately going to lead to us being less safe in America because bad guys will be able to figure out a way around some of the methods we use, and it’s likely to cost lives down the road,” Chambliss said.

Rep. C.A. Dutch Ruppersberger (D-Maryland), the committee’s ranking Democrat, expressed concerns and questions about Snowden’s choice of a Hong Kong hideout since it’s part of China, “a country that’s cyberattacking us every single day.”
NSA director Gen. Keith Alexander also spoke out for the first time, sharing concerns about terrorists changing their plans in response to the leaks and saying he hopes to bolster support for the programs by declassifying “dozens of attacks” they have helped disrupt, according to the Los Angeles Times.

Alexander defended NSA’s intelligence programs as legal and necessary. But he did admit concern that junior employees like Snowden can access so many national security secrets and said that issue needs to be addressed.

“This individual was a system administrator with access to key parts of the network,” he said. “This is something we have to fix.”

Kara Hackett is SPJ’s Pulliam/Kilgore Freedom of Information intern, a freelance writer and a free press enthusiast. Contact her at khackett@spj.org or on Twitter: @KaraHackett.

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FOI Update: NSA whistle-blower on the run, Judge Vinson attends security conference, speculation of presidential power abuses

After Edward Snowden outted himself as the whistle-blower who unveiled the National Security Agency’s surveillance programs, he allegedly fled the Hong Kong hotel room he was hiding out on June 10, according to Fox News.

On the morning of June 11, Snowden’s whereabouts were still unknown, but Hong Kong newspapers plastered with his image called him the “World’s Most Wanted Man.”

Fox News reports that if the Justice Department catches and charges Snowden, it’s likely to ask the International Criminal Police Organization (Interpol) for “a provisional request to arrest him pending extradition to the United States.”

Meanwhile a community of whistle-blowers spouted praise for Snowden in a series of letters published June 10 on the Guardian, commending his courage in revealing himself and standing up to one of the world’s most powerful security agencies.

In related news, The Center for Public Integrity collected disclosure records that revealed the judge who signed the court order requiring Verizon to give its customers’ telephone records to the NSA went to a seminar on strong executive branch powers in August 2008.

U.S. District Judge Roger Vinson attended lectures about the balance of civil liberties and national security, especially in times of terror, at the “Terrorism, Civil Liberty, & National Security” seminar sponsored by the Foundation for Research on Economics and the Environment (FREE).

Vinson began his term on the secret Foreign Intelligence Surveillance Court in 2006, and it just expired in May.

Although Americans are largely divided about whether NSA’s surveillance is warranted to protect national security, The Atlantic published a provocative article June 7 urging Americans to consider the potential abuses of power that could ensue if a dictator seizes control of our current security infrastructure in the 2016 election.

Politics writer Conor Friedersdorf said Americans are too trusting of their own leaders and too fearful of potential terror threats that may or may not be real. But he said there is one very real threat to American security: Citizens giving up our Constitutional rights and liberties to presidents we trust, creating a dangerous precedent for when someone we may not even know now inherits those same presidential powers in the future.

“In less than four years, an unknown person will start presiding over the national-security state. He or she will be an ambitious power seeker who will guiltlessly misrepresent his or her character to appeal to different voters, lie countless times on the campaign trail, and break numerous promises while in office. That’s a best-case scenario that happens every time!”

Kara Hackett is SPJ’s Pulliam/Kilgore Freedom of Information intern, a freelance writer and a free press enthusiast. Contact her at khackett@spj.org or on Twitter: @KaraHackett.

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FOI Daily Dose: Feds obtain broad phone records for Verizon customers

Think The Associated Press and Fox News were the only ones whose phone records are watched by federal officials?  Think again. If you have a Verizon phone, you can add your name to the list.

A top secret court order issued in April grants the National Security Agency (NSA) a three-month window to collect phone records for any and all of Verizon’s millions of customers, including those who aren’t suspected of wrongdoing.

The order, approved through a Foreign Intelligence Surveillance Court (FISA) judge, expires July 19, but until then, it mandates that all calls are monitored on an “ongoing, daily basis,” according to the Guardian, which broke the story the evening of June 5.

A September 2012 Statistic Brain report shows that Verizon connects an average of 1 billion calls per day, and the government can monitor all calls within the U.S. and between the U.S. and other countries.

Although feds won’t be listening in on your conversations, the order allows them to see the numbers of both parties on a call, as well as the call location, duration and “unique identifiers,” the Guardian said. They can also track the time and duration of all calls you make.

Guardian reporter Glenn Greenwald explains that this order shows for the first time that the Obama administration’s domestic surveillance rivals the Bush-era exploits into domestic telephone, Internet and email records authorized in 2001 to protect what the former administration called “national security interests” after the 9/11 terror attacks.

But Greenwald notes that the Obama administration’s Verizon surveillance is “extremely unusual” because FISA court orders typically monitor a “specific named target who is suspected of being an agent of a terrorist group or foreign state, or a finite set of individually named targets.”

Even those who typically support the president took to Twitter last night when the report came out, including former Vice President Al Gore who called it “obscenely outrageous.”

The Guardian said so far the NSA, the White House, the Justice Department and Verizon have declined comment. It is unknown whether other cell-phone providers have similar orders, but in a news conference on June 6, Sen. Dianne Feinstein (D-Calif.) confirmed Verizon’s order is a three month renewal of ongoing practice, the Huffington Post reports.

More than anything, Greenwald’s article emphasized the current administration’s “extreme interpretation of the law” to exploit American privacy without the American people even realizing it.

For watchdog journalists, it’s only the latest federal tug on our leash, reminding us the government still has its hold on private communications, and its grasp might be stronger than we imagine.

Greenwald points to “numerous cryptic public warnings” from U.S. Sens. Ron Wyden (D-Ore.) and Mark Udall (D-Co.) who have said the administration’s domestic surveillance power is so broad the American public would be “stunned” to learn its scope.

The New York Times reported that the legality of this type of domestic surveillance falls under the “hotly debated” Section 215 of the Patriot Act.

Wyden and Udall disagree with the discrepancy in the way the Obama administration described Section 215 as a way to obtain a grand jury subpoena for business records in an ordinary criminal investigation and then secretly use the section to make it easier for the NSA to get a FISA court order to obtain any “business records” (from companies like Verizon) by proving that they were “relevant” to a national-security investigation.

The senators wrote a letter to Attorney General Eric Holder complaining that this secret interpretation was misleading, saying: “There is now a significant gap between what most Americans think the law allows and what the government secretly claims the law allows.”

But in 2011, the Justice Department denied misleading the public about the Patriot Act, according to the New York Times.

The Times said it filed a Freedom of Information Act lawsuit in 2011 for a report describing the government’s interpretation of its Patriot Act surveillance powers.

But Times reporters Charlie Savage and Edward Wyatt explain: “The Obama administration withheld the report, and a judge dismissed the case.”

Kara Hackett is SPJ’s Pulliam/Kilgore Freedom of Information intern, a freelance writer and a free press enthusiast. Contact her at khackett@spj.org or on Twitter: @KaraHackett.

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FOI Fail of the Week: Obama admin. pushes forward with another leaker case

Despite the watering down of the whistleblower case against former National Security Agency employee Thomas Drake from felony charges to a single misdemeanor, the Obama administration is pressing forward with its next court case against a leaker.

The next target for the Justice Department is Stephen Kim, a South Korean arms expert accused of violating the Espionage Act by providing classified information to Fox News.

A New York Times article outlines the case.

Prior to being charged by DOJ, Kim spent years discussing the potential threats posed by North Korea with various government officials.

The DOJ does not seem to be considering changes to its campaign against leakers despite the collapse of its high-profile case against Drake.

Kim is one of five leaker cases the government has pursued thus far, compared to three in all previous presidential administrations combined. There is also an ongoing grand jury investigation into WikiLeaks, the group responsible for publishing U.S. diplomatic cables and other secret documents online.

Kim began speaking about North Korea-related issues with Fox News reporter James Rosen in March 2009 after a press officer with the State Department asked him to do so.

Kim sent some emails using the pseudonym “Leo Grace.”

In June 2009 Rosen reported that the CIA had learned that, in response to a United Nations resolution expressing disapproval for North Korea’s nuclear and missile tests, the government centered in the national capital of Pyongyang would probably react by increasing the number of tests and related activities.

– Morgan Watkins

Morgan Watkins is SPJ’s summer Pulliam/Kilgore Freedom of Information intern and a University of Florida student. Reach her by email (mwatkins@spj.org) or connect with her on Twitter (@morganwatkins26).

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