Last week the Washington Post printed two letters from different sources who had spent time on the ground in Afghanistan that came to very different conclusions about the American presence there.

First, there is the letter from Matthew Hoh, the former Marine captain who had fought in Iraq and had recently taken a temporary foreign service assignment in Zabul province. One State department official referred to this area as, “one of the five or six provinces always vying for the most difficult and neglected.” Hoh had developed great misgivings about the war and had become so disillusioned that he chose to resign. Hoh wote in his resignation letter,

Earlier this week, President Obama signed into law the $680 billion FY 2010 Defense Authorization Bill, the largest such budget since the end of World War II. If you missed that aspect of the story, you weren’t alone. Many news stories chose instead to focus on the hate crime provisions tacked onto the bill.

I’ve often quarreled with the inclusion of superfluous legislative riders, and the hate crime provision is more superfluous than most. (Indeed, as my Cato colleague David Rittgers has pointed out, it might be worse than superfluous.)

With the possible exception of Georgia-US-Russia, no US relationship in the former Soviet region is more fraught today than the US-Russia-Ukraine triangle. At a time when Washington and Moscow have variously committed to a relationship reset, a new operating system, and a rerun of the Clinton-Yeltsin strategic partnership, it is disappointing how little substance has followed rhetoric. Meanwhile, Central and Eastern Europe are still reeling from the US Administration’s abrupt and ill-timed reversal on missile defense deployment, and Team Obama is eager for opportunities to demonstrate its commitment to the new Europe, which received no shortage of love from the Bush Administration.

Robert Barnes | Washington | October 21

WaPo - Justices to consider whether judges can release them into U.S.

The Supreme Court set aside the objections of the Obama administration and said Tuesday that it will consider whether judges have the power to release Guantanamo Bay detainees into the United States if they have been deemed not to be "enemy combatants."

The case, involving a group of Chinese Muslims known as Uighurs, again thrusts the court into the jangle of policy decisions and constitutional principles involving the approximately 220 men still held at the base in Cuba. And the court's decision to hear it could further complicate plans to close the military prison in January, a deadline the Obama administration recently said it might be unable to meet.

Last year, the court ruled 5 to 4 that a Guantanamo detainee had the right to prove to a federal judge that he was being unlawfully held as an enemy combatant. The current case is a logical next step, determining what powers a judge has to release such a person, especially when sending him back to his home country is not an option.

October 20

AFP/BBC - Leading American scientist Stewart Nozette has been arrested and charged with attempted espionage.

The US Justice Department says he tried to pass on top secret information to a person he thought was an Israeli intelligence officer.

But the officer turned out to be an FBI agent involved in a sting.

The 52-year-old scientist had worked at the Department of Energy, the Pentagon and NASA, where he was the principal investigator in the team that found water on the moon.

He is accused of trying to communicate, deliver and transmit classified information relating to American national security.

Nathan Hodge | Washington | October 13

Wired - For several years, the U.S. military has been working on a 30,000-pound superbomb that can penetrate and destroy what the military calls “hardened targets“: Command bunkers or WMD facilities shielded by concrete and buried deep underground.

Now it looks as if the Pentagon is speeding delivery of the bomb, formally known as the Massive Ordnance Penetrator, or MOP. The Associated Press’ Anne Gearan reports today that the Defense Department awarded a contract worth around $52 million to speed up integration of the bomb aboard the B-2 Spirit stealth bomber. According to the story, the MOP could be ready for B-2 delivery as early as next summer.

New York | October 15

RT - Families of the victims of the 9/11 attacks will continue to push for a new probe into the tragedy, despite a recent court decision not to put the issue on a referendum.

Around 80,000 campaigners in New York have called for a referendum on a new investigation into the 9/11 attacks back in September 2001, but the New York State Supreme Court has ruled it out.

Spencer S. Hsu | Washington | October 16

WaPo - A controversial federal program that deputizes state and local law enforcement agents to catch illegal immigrants is expanding under the Obama administration, despite changes announced this summer intended to curb alleged racial profiling and other police abuses.

The Department of Homeland Security reported Friday that only four of 66 participating agencies have dropped out because of the new federal requirements. And those losses are offset by the addition of five police, sheriff's and corrections departments, while six more are nearing approval, according to the department.

In the Washington area, sheriff's offices in Frederick, Loudoun and Prince William counties continue to participate.

The Texas Observer has an excellent, in-depth account of two massive prison riots in a private, for-profit facility housing immigrants swept up for border crossing violations. Here's the context in which the riots occurred:

...the Bush administration piloted a “zero-tolerance” policy in Texas that eventually spread across the border: All illegal border crossers would be arrested, detained and, if possible, prosecuted in federal court. Prosecutions surged, as did the need for detention centers, jails and prisons to hold the tens of thousands of newly minted criminals. The Obama administration has more than embraced the policy. The number of prosecutions for immigration crimes—almost 68,000—during the first nine months of 2009 is on track for a 14 percent increase over 2008. More than half of those prosecutions took place in Texas.

The result has been a system swamped with low-level immigration cases and prisons bursting at the seams with illegal immigrants. Rather than build and run the facilities themselves, federal agencies have turned in large part to private prison companies, such as Corrections Corporation of America and GEO Group. In 2008, GEO reported more than $1 billion in revenue, an 80 percent increase over 2005.

On a related note, TPM has been investigating the many scams run by private prisons as well and how they implant themselves inside local communities like parasitic wasps:

...a well-organized consortium of private companies headquartered around the country, which specializes in pitching speculative and risky prison projects to local governments desperate for jobs.

The projects have generated multi-million dollar profits for the companies involved, but often haven't created the anticipated payoff for the communities, and have left a string of failed or failing prisons in their wake.

The whole concept of a private for-profit prison makes my skin crawl, especially in our current political environment where money buys legislation. It's very much America Eats Its Own.

Daniel Tencer | Oct 10

Raw Story - The US government doesn't have to reveal information about phone companies that may have spied illegally on Americans because those phone companies are an "arm of the government," the US Justice Department argued in a recent court case.

In a lawsuit over the Bush administration's decision to give immunity to telecom companies over its warrantless wiretapping program, the Justice Department argued that it doesn't have to publicly reveal what it discussed with the phone companies because those discussions were "inter-agency communications," explains Ryan Singel at Wired.

He cites a passage from a court document in which the department argues that "the communications between the agencies and telecommunications companies regarding the immunity provisions of the proposed legislation have been regarded as intra-agency...."

Singel was reporting on privacy watchdog group Electronic Frontier Foundation's two-year-long legal battle with the DoJ over access to those communications. In 2008, the Bush administration passed a law granting reotroactive immunity to phone companies that had participated in the administration's warrantless wiretapping program.

After news reports in 2007 suggested that the phone companies had lobbied the government to have those protections put in place, the EFF launched a freedom-of-information request to have discussions between the Justice Department and the phone companies made public. When the government refused, the EFF took the matter to court.

On September 24, a US District Court judge sided with the EFF and ordered the government to "release more records about the lobbying campaign to provide immunity to the telecommunications giants that participated in the NSA's warrantless surveillance program," the EFF stated.

The judge gave the Justice Department until last Friday to hand over the documents. But, late on Thursday, the government appealed for a 30-day stay of the judge's order. That order was refused, but the judge has delayed any further decisions on the case for another week.

Great video showing illegal sales that take place at gun shows, due to the gun-show loophole. Watch as one gun seller laughs when told the buyer couldn't pass a background check, and offers that he couldn't either. And you wonder how criminals get their hands on guns....

David Edwards & Daniel Tencer | Oct 6

Raw Story - A Department of Homeland Security program that tries to detect air passengers who are "up to no good" is raising privacy concerns, says a CNN report which aired Tuesday.

CNN's Jeanne Meserve described DHS's Future Attribute Screening Technology (FAST) as "marrying a lot of existing technology, some of it medical," to measure breathing, heart rate, blinking, fidgeting, and other bodily functions of passengers at airports.

The idea is essentially to create a remote lie detector, where sensors placed at airport security screening areas would be able to monitor a passenger's physical reaction to questions being asked by screeners.

Critics have likened the concept to the "Department of Pre-Crime" in the 2001 film Minority Report, which describes a future where persons are caught and convicted of crimes before they occur.

Originally entitled Project Hostile Intent, the program was revealed by the science magazine NewScientist in 2007. According to a report at the time in the UK's Guardian, "the new devices are expected to be trialled at a handful of airports, borders and ports of entry by 2012." (more with links)

Philadelphia Enquirer, Sept. 30, 2009

Massive Force Routed Cherished Constitutional Values

By Steve Hallock

The world economy may or may not have emerged stronger from last week's G-20 summit in Pittsburgh. And the first non-capital city to host the summit enjoyed the public-relations boon of showcasing its Phoenix-like rise from the ashes of the steel industry. But the Constitution took a hit.

via IntelDaily

Tom Burghardt | San Francisco | September 25

IntelDaily - Speaking at San Francisco's Commonwealth Club September 15, Director of National Intelligence Admiral Dennis C. Blair, disclosed that the current annual budget for the 16 agency U.S. "Intelligence Community" (IC) clocks-in at $75 billion and employs some 200,000 operatives world-wide, including private contractors.

In unveiling an unclassified version of the National Intelligence Strategy (NIS), Blair asserts he is seeking to break down "this old distinction between military and nonmilitary intelligence," stating that the "traditional fault line" separating secretive military programs from overall intelligence activities "is no longer relevant."

Big Brother is watching you.

John Byrne | Sept 24

Raw Story -

President Barack Obama has quietly decided to bypass Congress and allow the indefinite detention of terrorist suspects without charges.

The move, which was controversial when the idea was first floated in The Washington Post in May, has sparked serious concern among civil liberties advocates. Such a decision allows the president to unilaterally hold "combatants" without habeas corpus -- a legal term literally meaning "you shall have the body" -- which forces prosecutors to charge a suspect with a crime to justify the suspect's detention.

Obama's decision was buried on page A 23 of The New York Times' New York edition on Thursday. It didn't appear on that page in the national edition. (Meanwhile, the front page was graced with the story, "Richest Russian's Newest Toy: An N.B.A. Team.")

Rather than seek approval from Congress to hold some 50 Guantanamo detainees indefinitely, the administration has decided that it has the authority to hold the prisoners under broad-ranging legislation passed in the wake of Sept. 11, 2001. Former President George W. Bush frequently invoked this legislation as the justification for controversial legal actions -- including the NSA's warrantless wiretapping program.

Washington | Sept 20

LA Times - Federal authorities arrested a Denver-area airport shuttle driver, his father and another man late Saturday in connection with a suspected plot to launch a terrorist attack within the United States, the Justice Department said early today.

Najibullah Zazi, 24, and his father, Wali Mohammed Zazi, 53, were taken into custody at their home in Aurora, Colo., and charged with "knowingly and willfully making false statements to the FBI in a matter involving international and domestic terrorism" during several days of questioning, according to a federal complaint.

FBI agents in New York arrested Ahmad Wais Afzali, 37, of Flushing, N.Y., on similar charges. Authorities say Afzali is a New York Police Department informant who may have tried to warn the younger Zazi about the FBI's interest in him.

In court filings, FBI agents said authorities are investigating Zazi, Afzali and others "in the United States, Pakistan and elsewhere, relating to a plot to detonate improvised explosive devices" in the U.S.

Drew Griffin and Kathleen Johnston | September 17

CNN - The Department of Homeland Security had announced it was spending $31 million to enhance and upgrade two remote border crossings -- just 12 miles apart -- on the border between Montana and the Canadian province of Saskatchewan. The spending was lauded by Montana's two senators, even though only an average of 22 cars a day traveled through these border posts.

Hilarious. Why not just give the area's 22 car owners a million bux each to stay home, for a cost benefit of 9 million US taxpayers dollars?

September 10

ABCNews - Undercover Operative 'One Million Percent Positive' Attacks Could Have Been Prevented -

Assaad, who posed as "Mohammed" – a personal representative of Osama bin Laden, says he's a "million percent positive" the 9/11 attacks could have been stopped if the FBI had gone after Atta and Shukrujumah. But because Atta and his men were suspicious of the FBI undercover operative, and secretive, Assaad says his FBI agent handlers sent him after the easier target – two wannabe terrorists whose cases were easy to crack and who were both eventually convicted and sent to prison.

Carol J. Williams | Seattle, WA | September 5

LAT - A 9th Circuit panel says the ex-attorney general violated the rights of citizens held as material witnesses without cause after 9/11. Rights advocates praise the ruling in Abdullah Kidd's case.

Then-Atty. Gen. John Ashcroft violated the rights of U.S. citizens in the fevered wake of the Sept. 11 terrorist attacks by ordering arrests on material witness warrants when the government lacked probable cause, a federal appeals court said in a scathing opinion Friday.

In a ruling [PDF] that said Ashcroft could be sued for prosecutorial abuses, a three-judge panel of the U.S. 9th Circuit Court of Appeals denied the former attorney general immunity from liability for how he used the material witness warrants in national security investigations.

At New Paradigms Forum, Christopher Ford writes that an attack on our military and commercial satellites "would be no less an act of war than attacking one of our naval vessels on the high seas." This past spring, he explains, the Obama administration "agreed to Chinese and Russian demands that the U.N. begin discussions on preventing an 'arms race in outer space' [by enacting] 'a worldwide ban on weapons that interfere with military and commercial satellites.'"

Josh Marshall:

Let's be honest with ourselves: the American right has a deep-seated problem with political violence. It's deep-seated; it's recurrent and it's real. And it endangers the country. It just makes sense to say something the first time they hit the sauce and not wait for things to get really out of hand.

Rick Perlstein wrote in the Washington Post this weekend:

So the birthers, the anti-tax tea-partiers, the town hall hecklers -- these are "either" the genuine grass roots or evil conspirators staging scenes for YouTube? The quiver on the lips of the man pushing the wheelchair, the crazed risk of carrying a pistol around a president -- too heartfelt to be an act. The lockstep strangeness of the mad lies on the protesters' signs -- too uniform to be spontaneous. They are both. If you don't understand that any moment of genuine political change always produces both, you can't understand America, where the crazy tree blooms in every moment of liberal ascendancy, and where elites exploit the crazy for their own narrow interests.

...
The various elements -- the liberal earnestly confused when rational dialogue won't hold sway; the anti-liberal rage at a world self-evidently out of joint; and, most of all, their mutual incomprehension -- sound as fresh as yesterday's news. (Internment camps for conservatives? That's the latest theory of tea party favorite Michael Savage.)

The orchestration of incivility happens, too, and it is evil. Liberal power of all sorts induces an organic and crazy-making panic in a considerable number of Americans, while people with no particular susceptibility to existential terror -- powerful elites -- find reason to stoke and exploit that fear. And even the most ideologically fair-minded national media will always be agents of cosmopolitanism: something provincials fear as an outside elite intent on forcing different values down their throats.
...

The tree of crazy is an ever-present aspect of America's flora. Only now, it's being watered by misguided he-said-she-said reporting and taking over the forest. Latest word is that the enlightened and mild provision in the draft legislation to help elderly people who want living wills -- the one hysterics turned into the "death panel" canard -- is losing favor, according to the Wall Street Journal, because of "complaints over the provision."

I've read too much history to be sanguine about any conflict where one side is willing to resort to violence and the other is not. My recent binge of Roman history readings in particular brought home how a near monopoly on violence by the patricians in Rome proved the deciding factor over and over again in their conflicts with the populares.

However, disaster really struck the populares in Rome every time they attempted to arm up and match the forces of repression sword for sword and gun for gun.

If you're unconcerned by the posturing by right wingers, I suggest you google the the Greensboro Massacre (HT Dave Johnson), I might also recommend googling the Colfax Massacre for a much older iteration of the same phenomenon. In so many instances the forces of money and the mobs they use as cats paws literally out gun those working for progress.

I'm also painfully familiar with the disastrous results when the forces of the left attempt similar tactics -- anyone remember what happened to the Black Panthers when they exercised their second amendment rights? Might want to google Fred Hampton if you don't know. The fates of the Gracchi Brothers in ancient Rome are another painful reminder of what happens when the left arms up.

One of the very alarming things I learned from Rick Perlstein's book on the Goldwater movement was just how much of the LBJ landslide was a result of the backlash against the right due to the assassination of JFK. Even more alarming to me is the fact that only five years later, the backlash after the murders of MLK and RFK was to the right.

It is utterly imperative for our survival as a society that we avoid getting trapped in a cycle of violence.

But how do we do that? Is the right approach to downplay the violence so as to keep things calm? That has a certain logical appeal, but my gut reaction says no.

What the hell do we do from here?

We've already played the "lets wait for the worst to happen and then we'll pick up the pieces" card for the last eight years. It got us Obama and both houses of congress, but now we don't seem to be able to do anything with all that electoral power.

A review of Marc Sageman, Leaderless Jihad: Terror Networks in the Twenty-First Century. University of Pennsylvania Press, 2008.

In the aftermath of the September 11th attacks, we were inundated by hysterical books which purported to give serious analysis of al Qaeda but which instead only added to our confusion – and also to our injudicious responses ever since. Leaderless Jihad was not published until well after the attacks and that is one of the reasons it is perhaps the most thoughtful book on al Qaeda and the social movement associated with it.

Though a psychiatrist, Sageman rejects a psychological approach to understanding terrorists. (A sign of an independent mind, this.) After going through his database of jihadists, he finds no personalty type or traumatic event that makes people heed the call to jihad. Nor does he see social context such as poverty to be helpful. Any such context is hopelessly vague and cannot explain why so many millions of people living in that context do not become terrorists.

Greg Miller and Josh Meyer | Washington | August 9

LA Times -
Reporting from Washington — U.S. Atty. Gen. Eric H. Holder Jr. is poised to appoint a criminal prosecutor to investigate alleged CIA abuses committed during the interrogation of terrorism suspects, current and former U.S. government officials said.

A senior Justice Department official said that Holder envisioned an inquiry that would be narrow in scope, focusing on "whether people went beyond the techniques that were authorized" in Bush administration memos that liberally interpreted anti-torture laws.

Current and former CIA and Justice Department officials who have firsthand knowledge of the interrogation files contend that criminal convictions will be difficult to obtain because the quality of evidence is poor and the legal underpinnings have never been tested.

Nina Bernstein | Washington | August 5

NYT - The Obama administration intends to announce an ambitious plan on Thursday to overhaul the much-criticized way the nation detains immigration violators, trying to transform it from a patchwork of jail and prison cells to what its new chief called a “truly civil detention system.”

Details are sketchy, and even the first steps will take months or years to complete. They include reviewing the federal government’s contracts with more than 350 local jails and private prisons, with an eye toward consolidating many detainees in places more suitable for noncriminals facing deportation — some possibly in centers built and run by the government.