what the ashcroft hospital showdown on nsa spying was all about

arstechnica |  We know that thanks to an AT&T whistleblower, who described a series of secret rooms containing powerful “semantic analyzers” that filtered all the traffic flowing through a company’s fiber optic cables.

Such broad fiber surveillance would, however, pretty clearly be “electronic surveillance” as defined by FISA, meaning it would require either a warrant (for content) or a pen register order (for metadata) from the secret FISA court. And since the NSA wanted everyone’s metadata, not just that of suspected Al Qaeda operatives, it would have a harder time applying the “AUMF exception” theory in order to get that permission.

What to do, then?

Words and meanings 

At first, according to the leaked NSA report, it seems government lawyers tried to evade this rather obvious problem through a variety of word games.

Specifically, NSA leadership interpreted the terms of the Authorization to allow the NSA to obtain bulk Internet metadata for analysis because the NSA did not actually “acquire” communications until specific communications were selected. In other words, because the Authorization permitted the NSA to conduct metadata analysis on selectors that met certain criteria, it implicitly authorized the NSA to obtain the bulk data that was needed to conduct the metadata analysis.

There were a couple of problems with this. First, while the NSA’s own internal definitions may not count a communication as “acquired” until it has been processed into a human-readable form, that’s not a definition that applies anywhere else in the law. Rather, if you bug someone’s room or tap her phone, you’ve “intercepted” her communication (and committed a felony) as soon as it is rerouted into your recording device, regardless of whether you ultimately listen to the recorded conversation. As one federal court has put it, “When the contents of a wire communication are captured or redirected in any way, an interception occurs at that time.”

Second, NSA lawyers hadn’t actually been kept in the loop on the legal justifications for the STELLAR WIND program, which means they may not have understood that the administration was now relying on the AUMF as the authority for circumventing the FISA process.

This, then, was almost certainly the problem that provoked the hospital showdown. The interception of phone and e-mail content was clearly electronic surveillance, but it was (in theory) limited to targets within the scope of the AUMF (which allowed the president to “determine” who had “aided” the 9/11 perpetrators). The bulk collection of phone records was not limited, but it also wasn’t “electronic surveillance” as defined by FISA. The bulk collection of Internet metadata, however, was both plainly “electronic surveillance” and also too broad to shoehorn into the language of the AUMF.

Comey, it would seem, wasn’t willing to countenance the legal gymnastics required to pretend otherwise.

This time, it's legal 

Of course, we now know that after the hospital showdown, the administration simply went to the FISA court and obtained a blanket “pen register” order allowing the metadata collection to continue, this time with legal cover (though the Court apparently imposed stricter limits than the NSA’s own lawyers did).

This particular type of bulk Internet metadata collection was reportedly halted in 2011. What the NSA is doing now instead is anybody’s guess.

This is in us. It is in our brains. It is part of who we are

Boing Boing | The United Nations says the drug war’s rationale is to build “a drug-free world — we can do it!” U.S. government officials agree, stressing that “there is no such thing as recreational drug use.” So this isn’t a war to stop addiction, like that in my family, or teenage drug use. It is a war to stop drug use among all humans, everywhere. All these prohibited chemicals need to be rounded up and removed from the earth. That is what we are fighting for.

I began to see this goal differently after I learned the story of the drunk elephants, the stoned water buffalo, and the grieving mongoose. They were all taught to me by a remarkable scientist in Los Angeles named Professor Ronald K. Siegel.

The tropical storm in Hawaii had reduced the mongoose’s home to a mess of mud, and lying there, amid the dirt and the water, was the mongoose’s mate — dead. Professor Siegel, a silver-haired official adviser to two U.S. presidents and to the World Health Organization, was watching this scene. The mongoose found the corpse, and it made a decision: it wanted to get out of its mind.

Two months before, the professor had planted a powerful hallucinogen called silver morning glory in the pen. The mongooses had all tried it, but they didn’t seem to like it: they stumbled around disoriented for a few hours and had stayed away from it ever since. But not now. Stricken with grief, the mongoose began to chew. Before long, it had tuned in and dropped out.

It turns out this wasn’t a freak occurrence in the animal kingdom. It is routine. As a young scientific researcher, Siegel had been confidently toldby his supervisor that humans were the only species that seek out drugs to use for their own pleasure. But Siegel had seen cats lunging at catnip — which, he knew, contains chemicals that mimic the pheromones in a male tomcat’s pee —so, he wondered, could his supervisor really be right? Given the number of species in the world, aren’t there others who want to get high, or stoned, or drunk?

This question set him on a path that would take twenty-five years of his life, studying the drug-taking habits of animals from the mongooses of Hawaii to the elephants of South Africa to the grasshoppers of Soviet-occupied Czechoslovakia. It was such an implausible mission that in one marijuana field in Hawaii, he was taken hostage by the local drug dealers, because when he told them he was there to see what happened when mongooses ate marijuana, they thought it was the worst police cover story they had ever heard.

What Ronald K. Siegel discovered seems strange at first. He explains in his book Intoxication:

After sampling the numbing nectar of certain orchids, bees drop to the ground in a temporary stupor, then weave back for more. Birds gorge themselves on inebriating berries, then fly with reckless abandon. Cats eagerly sniff aromatic “pleasure” plants, then play with imaginary objects. Cows that browse special range weeds will twitch, shake, and stumble back to the plants for more. Elephants purposely get drunk off fermented fruits. Snacks of “magic mushrooms” cause monkeys to sit with their heads in their hands in a posture reminiscent of Rodin’s Thinker. The pursuit of intoxication by animals seems as purposeless as it is passionate. Many animals engage these plants, or their manufactured allies, despite the danger of toxic or poisonous effects.

Noah’s Ark, he found, would have looked a lot like London on a Saturday night. “In every country, in almost every class of animal,” Siegel explains, “I found examples of not only the accidental but the intentional use of drugs.” In West Bengal, a group of 150 elephants smashed their way into a warehouse and drank a massive amount of moonshine. They got so drunk they went on a rampage and killed five people, as well as demolishing seven concrete buildings. If you give hash to male mice, they become horny and seek out females — but then they find “they can barely crawl over the females, let alone mount them,” so after a little while they yawn and start licking their own penises.

In Vietnam, the water buffalo have always shunned the local opium plants. They don’t like them. But when the American bombs started to fall all around them during the war, the buffalo left their normal grazing grounds, broke into the opium fields, and began to chew. They would then look a little dizzy and dulled. When they were traumatized, it seems, they wanted — like the mongoose, like us — to escape from their thoughts.

where is germany's gold?

bloomberg |   Gold bugs around the world are winning unprecedented concessions from their governments, and gold is streaming out of 33 Liberty St. and across the Atlantic.

 

In May 2014, the Bank of Italy, which has the third-biggest gold reserves after the U.S. and Germany, ended years of secrecy by disclosing the locations of its holdings. Citing the German repatriations, the central bank said about half its gold is in Rome and most of the rest is beneath the New York Fed. Then in November, the Dutch central bank announced that it had secretly moved 122.5 tons of gold from New York to Amsterdam. In apparently just months, the Dutch had shipped almost 25 times the gold that Germany moved in all of 2013. “Beyond realising a more balanced distribution of the gold stock across the different locations, this may also have a positive effect on public confidence,” the Dutch bank said in its announcement. Soon after, the leader of France’s anti-euro, anti-immigration National Front party, Marine Le Pen, asked the Bank of France for an independent audit of its gold and to reveal any lending or financial commitments related to the reserves.

At the end of November, a referendum in Switzerland to repatriate some holdings failed but led the country’s central bank to disclose locations and amounts of its gold for the first time. Swiss politicians are pushing for more. “I want a clear inspection where you have a list of all the gold bars, where it’s written that it’s fine gold and only belongs to Switzerland,” says Lukas Reimann, a member of the Swiss parliament who led the referendum.

On Jan. 19, the Bundesbank delivered its own surprise, publishing a tally of its 2014 gold repatriations. During the year, the German central bank had shipped 85 tons from New York to Frankfurt, blowing away the mere 5 tons from 2013 and setting a pace at which the Bundesbank would easily meet its target of 300 tons returned by 2020.

Even if the world’s biggest central banks did explain away his gold bug speculations, Boehringer had triumphed. But for him, and his sense of order, the itch is never scratched. There were still 1,447 tons of German gold under Manhattan at year’s end, and he wants all of it back in Frankfurt. At the current rate it would take more than 30 years for all German gold stored abroad to return, he says.

And there’s this detail from the German announcement: “The Bundesbank took advantage of the transfer from New York to have roughly 50 tonnes of gold melted down and recast according to the London Good Delivery standard.” Bar lists were cross-checked with bar markings, the statement said. Spot checks found no irregularities. Yet any identifying trace of the original gold had been wiped out, the bars “now destroyed,” a freshly fired-up Boehringer says. Melted bars might not prove something’s rotten under Liberty Street, but the mere disclosure shows Boehringer is making a difference.

I wake up every morning and think about how I can help Israel

mondoweiss |  I’m announcing my new Jewish identity project today. Well actually it’s my old project, but dressed up a little. This is from Haaretz today, Anees of Jerusalem spotted it. Who knew?

Although his alleged sexual exploits are making waves, it is Israel, not women that is in former IMF Chief Dominique Strauss-Kahn’s heart. In an interview with the newspaper “Liberation” back in April, just over a month before he made headlines for attempted rape charges (that are looking increasingly shaky), DSK told the French daily that only three things could prevent him from becoming the next president of France – his money, his women and his Judaism.

The fallen-from-grace financier recounted an interview he gave some years back with the “Tribune Juive”(The Jewish Tribune), in which he said “I wake up every morning and think about how I can help Israel.”

And does this kind of affection have any consequences? You tell me. Don’t be conspiratorial now.

Cathedral?!?! at a Jesuit University?

theatlantic |  Professor John McAdams is being stripped of tenure by Marquette University for writing a blog post that administrators characterize as inaccurate and irresponsible.

Academics all over the United States ought to denounce the firing of the 69-year-old, a Harvard Ph.D. who taught courses on American politics and public policy. If tenure can be taken away based upon one controversial blog post, what protection does it offer? How many tenured professors will censor themselves from participating in public conversation to avoid a similar fate? Marquette has violated core academic values, regardless of what one thinks of McAdams' commentary or the shabby treatment of the graduate instructor he was criticizing (who deserves sympathy for the horrifying torrent of misogyny others directed at her).

For purposes of discussion, I'll begin with the version of events as described by Marquette University Dean Richard C. Holtz, who notified McAdams of his termination. Even assuming that the factual claims Holtz makes are correct, the move has set several sweeping, alarming precedents for when tenure can be revoked.

a new theory of energy and the economy

ourfiniteworld |  How does the economy really work? In my view, there are many erroneous theories in published literature. I have been investigating this topic and have come to the conclusion that both energy and debt play an extremely important role in an economic system. Once energy supply and other aspects of the economy start hitting diminishing returns, there is a serious chance that a debt implosion will bring the whole system down.

In this post, I will look at the first piece of this story, relating to how the economy is tied to energy, and how the leveraging impact of cheap energy creates economic growth. In order for economic growth to occur, the wages of workers need to go farther and farther in buying goods and services. Low-priced energy products are far more effective in producing this situation than high-priced energy products. Substituting high-priced energy products for low-priced energy products can be expected to lead to lower economic growth.

Trying to tackle this topic is a daunting task. The subject crosses many fields of study, including anthropology, ecology, systems analysis, economics, and physics of a thermodynamically open system. It also involves reaching limits in a finite world. Most researchers have tackled the subject without understanding the many issues involved. I hope my analysis can shed some light on the subject.

Part 2. Here.

you can't squeeze blood out of turnips...,

NYTimes |  St. Louis County is a web of 90 municipalities. For those with unpaid traffic debts and arrest warrants in multiple towns, a trip to one jail often means a journey, over days or weeks, through others as each jurisdiction seeks a payment for release until a court date or a payment of old fines.

Keilee Fant, a nursing assistant with nine children, has been locked up repeatedly. She said her problems began with traffic violations decades ago, then intensified as she was unable to pay the fines, often did not go to court because she feared the repercussions and kept driving. At one point in 2013, Ms. Fant was held for several weeks on warrants, as city after city called on her to put up hundreds of dollars in what court officials describe as a bond, though the amounts, she said, seemed to change and appeared to be a matter of negotiation with jail officials.

“I was bouncing from place to place, and all I could think was: ‘Wait, I’m in here for traffic. I haven’t killed anybody,’ ” Ms. Fant, who is 37 and a plaintiff in both lawsuits, said.

“If I don’t have any money, they send me to jail, so why is it so important to show up if you’re going to send me back to jail?” she said. “All I want is my license back. My license and my life.”

The lawsuits were filed on behalf of the plaintiffs by representatives from the Equal Justice Under Law, a nonprofit civil rights organization in Washington; ArchCity Defenders, a nonprofit group in St. Louis; and St. Louis University Law School. They seek to bar the cities from continuing the practices and compensation for people whose rights were violated.

In some cases, the suits say, prisoners have gone without showers, toothbrushes, sufficient blankets or sanitary napkins; medical care has been denied; and food, often honey buns and potpies, has been scanty.

In Ferguson, some residents say the authorities seem to have eased off at times since Mr. Brown’s death on Aug. 9 set off months of demonstrations. In a series of changes discussed at the City Council meeting in September, officials said they would end several fees that had been routinely issued if a defendant failed to show up in court and would start a special docket for those who had trouble making payments on their fines.

That is little comfort to Roelif Carter, who is 62 and has been arrested on warrants by the authorities in Ferguson at least three times. The counts he has faced include violating a dog leash law and resisting arrest.

“It’s the same old thing, just a different day,” Mr. Carter, who is unemployed, said. “It’s making me feel like you can’t trust them. There’s no way you could work off the anger.”

four grilled-cheese trucks valued at $100 million...,

bloomberg |   Signs of excess and froth in the equity markets.

Exhibit 1: Grilled Cheese Truck Inc., which began trading on the pink sheets last week after receiving OTCQB certification.

 Let's look at the fundamentals of the Ft. Lauderdale, Florida-based company. Based on the 18 million shares outstanding and a recent stock price of $6 the company has a market value of about $108 million. No matter how much you like grilled cheese -- and I like a good GAC BAC TOM as much as the next guy -- I can't see this as a reasonable valuation.

If you go to the company’s website, you will learn that “The company currently operates and licenses grilled cheese food trucks in the Los Angeles, CA area and Phoenix, AZ and is expanding into additional markets with the goal of becoming the largest operator in the gourmet grilled cheese space.”  You can see an interview with the founder here. The company employs military veterans, and it even lists retired General Wesley Clark as vice chairman.

However, according to the company’s financial statements, it has about $1 million of assets and almost $3 million in liabilities. In the third quarter of 2014, it had sales of almost $1 million, on which it had a net loss of more than  $900,000.  The story is much the same for the first nine months of the year: $2.6 million in sales and a loss of $4.4 million.

But forget the losses for a moment, and make the generous assumption that it will have sales of $4 million this year. This means its shares trade for more than 25 times sales, a very rich valuation.

Which brings me back to my original comments regarding looking for contrary indicators to my bullish posture. I can't think of a more interesting sign of the old irrational exuberance in equity markets than a publicly traded grilled cheese truck (four in this case) business trading at a $100-million-plus valuation. That sort of thing doesn't happen unless there is significant excess in the markets.

baltic dry index at its lowest level ever...,

zerohedge |  Having fallen for 47 of the last 51 days, The Baltic Dry Index (tracking the cost of shipping dry bulk from iron ore to grains) has been collapsing in a well-documented manner by Zero Hedge (though not the mainstream media). With Cramer having told investors of its importance previously, it will be hard to ignore the fact that, as of this morning, the index of global shipping costs has never (ever) been lower at 554. We leave it to readers to decide what they think this means (but we already know what it means for shippers and ship-building companies).

always and everywhere - remember yourself...,

newyorker |  Within the brain, memories are formed and consolidated largely due to the help of a small seahorse-like structure called the hippocampus; damage the hippocampus, and you damage the ability to form lasting recollections. The hippocampus is located next to a small almond-shaped structure that is central to the encoding of emotion, the amygdala. Damage that, and basic responses such as fear, arousal, and excitement disappear or become muted.

A key element of emotional-memory formation is the direct line of communication between the amygdala and the visual cortex. That close connection, Phelps has shown, helps the amygdala, in a sense, tell our eyes to pay closer attention at moments of heightened emotion. So we look carefully, we study, and we stare—giving the hippocampus a richer set of inputs to work with. At these moments of arousal, the amygdala may also signal to the hippocampus that it needs to pay special attention to encoding this particular moment. These three parts of the brain work together to insure that we firmly encode memories at times of heightened arousal, which is why emotional memories are stronger and more precise than other, less striking ones. We don’t really remember an uneventful day the way that we remember a fight or a first kiss. In one study, Phelps tested this notion in her lab, showing people a series of images, some provoking negative emotions, and some neutral. An hour later, she and her colleagues tested their recall for each scene. Memory for the emotional scenes was significantly higher, and the vividness of the recollection was significantly greater.

musical language

royalsocietypublishing |  Musicality can be defined as a natural, spontaneously developing trait based on and constrained by biology and cognition. Music, by contrast, can be defined as a social and cultural construct based on that very musicality. One critical challenge is to delineate the constituent elements of musicality. What biological and cognitive mechanisms are essential for perceiving, appreciating and making music? Progress in understanding the evolution of music cognition depends upon adequate characterization of the constituent mechanisms of musicality and the extent to which they are present in non-human species. We argue for the importance of identifying these mechanisms and delineating their functions and developmental course, as well as suggesting effective means of studying them in human and non-human animals. It is virtually impossible to underpin the evolutionary role of musicality as a whole, but a multicomponent perspective on musicality that emphasizes its constituent capacities, development and neural cognitive specificity is an excellent starting point for a research programme aimed at illuminating the origins and evolution of musical behaviour as an autonomous trait.

secrecy has no place in our criminal justice system

silive |  Do grand juries really protect the public against overzealous corrupt prosecutors? Was the Fifth Amendment provision of the U.S. Constitution requiring grand jury presentment for felony crimes really included in the Bill of Rights in 1791 to protect the public? I truly believe that this provision was intended to protect the rich and powerful who wrote the Constitution and controlled the wealth of the new nation. Consider the fact that only white male property owners were permitted to sit on grand juries and that everyone non white and non-male was excluded from the judicial and legislative process. Thus, the rich, white and powerful were guaranteed that only their true piers would judge them and determine their criminal liability.

Now I didn't start this race business, I'm just dealing with reality. Supreme Court Justice Roger B. Taney started it in 1857 when Dred Scott asked for his full rights of citizenship. Justice Taney denied his plea, stating: "The framers of the constitution believed that a black man had no rights that a white man was bound to respect."

You remember the Central Park jogger defendants? Swiftly arrested and indicted by a grand jury based upon incomplete evidence and police coerced confessions. All defendants were convicted and sentenced to lengthy prison terms before the guilty party confessed and exonerated them all. Its nice to believe that all prosecutors will be fair and honest, but we need only look at the record of former Brooklyn District Attorney Charles Hynes.  Convictions by Hyne's office of 11, yes 11, black men have been overturned following the revelation that the testimony and evidence offered by the assigned detective and accepted by the courts, was false, shoddy and manufactured. None of these men benefited from a secret grand jury proceeding, an honest prosecutor or a courageous judiciary.

We have entered an era when more rather than less openness is sought in legislative, regulatory and judicial proceedings. Is a witness more inclined to tell the truth if his/her secrecy is guaranteed or are they more likely to lie and slip the truth if they know that their identity and testimony may never see the light of day or the eyes of a competent defense attorney? I'll take openness and transparency over protection and secrecy any day.

rule of law: not just the DoD, G-Dub salted the DoJ with dominionists too...,

salon |  The Republican’s strategy should be clear by now: at the most superficial level, it’s about base mobilization, not trying to persuade those in the middle. Whitehouse was right about that much. But this doesn’t mean the GOP isn’t targeting the middle, and doing it more successfully than Digby might suggest—they’re just not doing it directly. At a deeper level, their play is simple: go hard right with no concern for facts or any other standard, and pull the “both sides do it” brain-dead centrist journalists, pundit class and the rest of Washington along with them, so that they do the actual work of moving everyone in the center to the right.

With so many attacks made so continuously, even the reporters who’ve helped debunk them come to accept the situation as normal. But the bottom line of normal in this instance—the GOP charge that the DOJ under Holder has suddenly become politicized—is precisely the opposite of the truth. It was actually the Bush DOJ that was politicized like no other in modern history, save Nixon’s post-Watergate, and Obama’s biggest mistake (as in so many other things) was in giving them a pass in hopes of fostering bipartisan cooperation going forward.

It wasn’t just Democrats complaining about politicization under Bush, either. The watershed event—though far from the only violation involved—was the U.S. attorneys scandal—an unprecedented set of politically motivatied high-level firings that eventually had politicians of both parties shaking their heads in disbelief. The scandal took some time to decode, but in late February 2007, Salon identified one key aspect—that high-performing U.S. attorneys had been forced out to make way for perceived Bush loyalists. McClatchy played a key role in reporting many of the differently inflected twists and turns, while Josh Marshall of Talking Points Memo, who first raised the alarm widely, was key in drawing attention to the political core of what was happening. As he explained in March 2007, as the outlines were still coming into focus:

The issue here is why these U.S. Attorneys were fired and the fact that the White House intended to replace them with U.S. Attorneys not confirmed by the senate. We now have abundant evidence that they were fired for not sufficiently politicizing their offices, for not indicting enough Democrats on bogus charges or for too aggressively going after Republicans. (Remember, Carol Lam is still the big story here.) We also now know that the top leadership of the Justice Department lied both to the public and to Congress about why the firing took place. As an added bonus we know the whole plan was hatched at the White House with the direct involvement of the president.

That same month, Salon highlighted the role of bogus voter fraud claims in the years leading up to the firings. That story briefly touched on New Mexico, where, “in 2004, U.S. Attorney David Iglesias, one of the two fired U.S. attorneys who allegedly failed to pursue electoral fraud cases, took a pass on an especially dubious prosecution,” but it focused intently on Missouri, where Salon noted, “three different [Bush era] U.S. attorneys have launched investigations into electoral fraud… indicting nine people”—not a very large haul, which was part of the problem. In Missouri, the replacement U.S. attorney—appointed without Senate approval, as was then possible, due to a Patriot Act loophole—was Bradley Schlozman, who had previously supervised the voting section of the Civil Rights Division of the DOJ, which we’ll soon see was another hotbed of politicization within the Bush DOJ.

But it wasn’t just Democrats and a handful of remaining “good government” Republicans who were upset. By late August, McClatchy’s Marisa Taylor reported widespread internal criticism based on extensive interviews with “current and former department officials,” as well as at least one anonymous federal judge. “Charges of cronyism and partisan politicking have sunk the Justice Department’s reputation to levels not seen since Watergate and damaged the Bush administration’s ability to fight crime, pursue the war on terrorism and achieve its other goals,” Taylor reported in late August 2007.

william bennett's confused and confusing defense of marijuana prohibition

Forbes |  “With marijuana,” declare William J. Bennett and Robert A. White in Going to Pot, their new prohibitionist screed, “we have inexplicably suspended all the normal rules of reasoning and knowledge.” You can’t say they didn’t warn us.

The challenge for Bennett, a former drug czar and secretary of education who makes his living nowadays as a conservative pundit and talk radio host, and White, a New Jersey lawyer, is that most Americans support marijuana legalization, having discovered through direct and indirect experience that cannabis is not the menace portrayed in decades of anti-pot propaganda. To make the familiar seem threatening again, Bennett and White argue that marijuana is both more dangerous than it used to be, because it is more potent, and more dangerous than we used to think, because recent research has revealed “long-lasting and permanent serious health effects.” The result is a rambling, repetitive, self-contradicting hodgepodge of scare stories, misleading comparisons, unsupportable generalizations, and decontextualized research results.

Bennett and White exaggerate the increase in marijuana’s potency, comparing THC levels in today’s strongest strains with those in barely psychoactive samples from the 1970s that were not much stronger than ditch weed. “That is a growth of a psychoactive ingredient from 3 to 4 percent a few decades ago to close to 40 percent,” they write, taking the most extreme outliers from both ends. Still, there is no question that average THC levels have increased substantially as Americans have gotten better at growing marijuana. Consumers generally view that as an improvement, and it arguably makes pot smoking safer, since users can achieve the same effect while inhaling less smoke.

But from Bennett and White’s perspective, better pot is unambiguously worse. “You cannot consider it the same substance when you look at the dramatic increase in potency,” they write. “It is like comparing a twelve-ounce glass of beer with a twelve-ounce glass of 80 proof vodka; both contain alcohol, but they have vastly different effects on the body when consumed.” How many people do you know who treat 12 ounces of vodka as equivalent to 12 ounces of beer? Drinkers tend to consume less of stronger products, and the same is true of pot smokers—a crucial point that Bennett and White never consider.

When it comes to assessing the evidence concerning marijuana’s hazards, Bennett and White’s approach is not exactly rigorous. They criticize evidence of marijuana’s benefits as merely “anecdotal” yet intersperse their text with personal testimonials about its harms (e.g., “My son is now 27 years old and a hopeless heroin addict living on the streets…”). They do Google searches on “marijuana” paired with various possible dangers, then present the alarming (and generally misleading) headlines that pop up as if they conclusively verify those dangers. They cite any study that reflects negatively on marijuana (often repeatedly) as if it were the final word on the subject. Occasionally they acknowledge that the studies they favor have been criticized on methodological grounds or that other studies have generated different results. But they argue that even the possibility of bad outcomes such as IQ loss, psychosis, or addiction to other drugs is enough to oppose legalization.

rule of law: while slackjawsjacked about crusades, bratton asked for resisting arrest to be made a felony...,

observer |  NYPD Commissioner Bill Bratton today called for the state to change resisting arrest to a felony charge.

Mr. Bratton testified today before a joint hearing of four State Senate committees, where he made a number of recommendations—including suggesting that the penalty increase for resisting arrest. Currently, resisting arrest is a misdemeanor carrying a maximum punishment of one year, which Mr. Bratton argued does not deter the nearly 2,000 resisting arrest charges each year.

“I think a felony would be very helpful in terms of raising the bar significantly in the penalty for the resistance of arrest,” Mr. Bratton told reporters after speaking at the hearing in lower Manhattan.

The top cop reiterated previous statements that resisting arrest is impermissible, and endangers both law enforcement and civilians.

“We need to get around this idea that you can resist arrest. You can’t. You just can’t do it. It results in potential injuries to the officer, to the suspect. And we need to change that, and the way to change that is to start penalties for it,” he said.

He acknowledged that many cases may not be legitimate—advocates complain that resisting arrest is often the only charge against someone who was not resisting arrest for something else and that it’s often tossed out. Mr. Bratton said the department would expand its CompStat tracking program to monitor how many such charges are vacated.

“The vast majority might end up being dismissed,” he said, though he suggested district attorneys at times dismiss such charges out of hand. “We’re asking district attorneys to treat them more seriously than they have been treated in the past.”

Mr. Bratton also called for laws instituting more severe penalties for fatally assaulting an officer, for attacking a school safety agent or auxiliary cop and for wearing a bullet-proof vest. He also recommended measures mandating bulletproof glass in all police cars, and for tighter regulations on civilian window tinting, as well as punishments for anyone who would publicize the address and other personal information of a police officer.

this crusade, this war on terrorism is going to take a while...,

NYTimes |  President Obama personally added a reference to the Crusades in his speech this week at the National Prayer Breakfast, aides said, hoping to add context and nuance to his condemnation of Islamic terrorists by noting that people also “committed terrible deeds in the name of Christ.”

But by purposely drawing the fraught historical comparison on Thursday, Mr. Obama ignited a firestorm on television and social media about the validity of his observations and the roots of religious conflicts that raged more than 800 years ago.

On Twitter, amateur historians angrily accused Mr. Obama of refusing to acknowledge Muslim aggression that preceded the Crusades. Others criticized him for drawing simplistic analogies across centuries. Many suggested that the president was reaching for ways to excuse or minimize the recent atrocities committed by Islamic extremists.

“I’m not surprised, I guess,” said Thomas Asbridge, a medieval historian and director of the Center for the Study of Islam and the West at the University of London. “Any use of the word ‘Crusade’ has to be made with great caution. It is the most highly charged word you can use in the context of the Middle East.”

internet infiltration for manipulation, deception, and reputation destruction

firstlook |  One of the many pressing stories that remains to be told from the Snowden archive is how western intelligence agencies are attempting to manipulate and control online discourse with extreme tactics of deception and reputation-destruction. It’s time to tell a chunk of that story, complete with the relevant documents.

Over the last several weeks, I worked with NBC News to publish a series of articles about “dirty trick” tactics used by GCHQ’s previously secret unit, JTRIG (Joint Threat Research Intelligence Group). These were based on four classified GCHQ documents presented to the NSA and the other three partners in the English-speaking “Five Eyes” alliance. Today, we at the Intercept are publishing another new JTRIG document, in full, entitled “The Art of Deception: Training for Online Covert Operations.”

By publishing these stories one by one, our NBC reporting highlighted some of the key, discrete revelations: the monitoring of YouTube and Blogger, the targeting of Anonymous with the very same DDoS attacks they accuse “hacktivists” of using, the use of “honey traps” (luring people into compromising situations using sex) and destructive viruses. But, here, I want to focus and elaborate on the overarching point revealed by all of these documents: namely, that these agencies are attempting to control, infiltrate, manipulate, and warp online discourse, and in doing so, are compromising the integrity of the internet itself.

Among the core self-identified purposes of JTRIG are two tactics: (1) to inject all sorts of false material onto the internet in order to destroy the reputation of its targets; and (2) to use social sciences and other techniques to manipulate online discourse and activism to generate outcomes it considers desirable. To see how extremist these programs are, just consider the tactics they boast of using to achieve those ends: “false flag operations” (posting material to the internet and falsely attributing it to someone else), fake victim blog posts (pretending to be a victim of the individual whose reputation they want to destroy), and posting “negative information” on various forums. Here is one illustrative list of tactics from the latest GCHQ document we’re publishing today: Fist tap Arnach.

situational awareness

The Art of Manliness | There’s a scene at the beginning of The Bourne Identity where the film’s protagonist is sitting in a diner, trying to figure out who he is and why he has a bunch of passports and a gun stashed in a safety deposit box. Bourne also notices that he, well, notices things that other people don’t. Watch:

That superhuman ability to observe his surroundings and make detailed assessments about his environment? It’s not just a trait of top secret operatives; it’s a skill known as situational awareness, and you can possess it too.

As the names implies, situational awareness is simply knowing what’s going on around you. It sounds easy in principle, but in reality requires much practice. And while it is taught to soldiers, law enforcement officers, and yes, government-trained assassins, it’s an important skill for civilians to learn as well. In a dangerous situation, being aware of a threat even seconds before everyone else can keep you and your loved ones safe.

But it’s also a skill that can and should be developed for reasons outside of personal defense and safety. Situational awareness is really just another word for mindfulness, and developing mine has made me more cognizant of what’s going on around me and more present in my daily activities, which in turn has helped me make better decisions in all aspects of my life.

I’ve spent months researching and talking to experts in the tactical field about the nature of situational awareness, and below you’ll find one of the most complete primers out there on how to gain this important skill. While the focus is primarily on developing your situational awareness to prevent or survive a violent attack, the principles discussed can also help hone your powers of observation in all areas of your life.

these old republicans pretending to hide their purses and clutch their pearls tickle me...,

WaPo |  President Obama has never been one to go easy on America.

As a new president, he dismissed the idea of American exceptionalism, noting that Greeks think their country is special, too. He labeled the Bush-era interrogation practices, euphemistically called “harsh” for years, as torture. America, he has suggested, has much to answer given its history in Latin America and the Middle East.

His latest challenge came Thursday at the National Prayer Breakfast. At a time of global anxiety over Islamist terrorism, Obama noted pointedly that his fellow Christians, who make up a vast majority of Americans, should perhaps not be the ones who cast the first stone.

“Humanity has been grappling with these questions throughout human history,” he told the group, speaking of the tension between the compassionate and murderous acts religion can inspire. “And lest we get on our high horse and think this is unique to some other place, remember that during the Crusades and the Inquisition, people committed terrible deeds in the name of Christ. In our home country, slavery and Jim Crow all too often was justified in the name of Christ.”

Some Republicans were outraged. “The president’s comments this morning at the prayer breakfast are the most offensive I’ve ever heard a president make in my lifetime,” said former Virginia governor Jim Gilmore (R). “He has offended every believing Christian in the United States. This goes further to the point that Mr. Obama does not believe in America or the values we all share.”

the return of intimate killing...,

theatlantic |  “We must make this battle very violent,” wrote the Islamist strategist Abu Bakr Naji in his 2004 book The Management of Savagery. Naji—whose thinking paralleled that of Abu Musab al-Zarqawi, the deceased leader of al-Qaeda in Iraq, which has since morphed into ISIS—argued that merciless violence was necessary for the creation of a “pure” Sunni caliphate. Softness, he warned, spelled failure, citing the example of the Companions of the Prophet, who “burned [people] with fire, even though it is odious, because they knew the effect of rough violence in times of need.”

The conventional wisdom holds that ISIS’s savagery will be its undoing—that it will alienate ordinary Muslims, and that without their support the group cannot succeed. But what this view overlooks is that ISIS’s jihad, as its progenitor Zarqawi well understood, isn’t about winning hearts and minds. It is about breaking hearts and minds. ISIS doesn’t want to convince its detractors and enemies. It wants to command them, if not destroy them altogether. And its strategy for achieving this goal seems to be based on destroying their will through intimate killing. This, in part, is what the group’s staged beheadings are about: They subliminally communicate ISIS’s proficiency in the art of the intimate kill. And this terrifies many people, because they sense just how hard it is to do.

The beheadings also serve as a dramatic counterpoint to al-Qaeda’s use of remote improvised explosive devices (IEDs) in attacks, and to Western shock-and-awe-style military campaigns. The subtext of the videos appears to be: You—America and your allies—kill with drones and missiles. We—the true Muslims—kill with our bare hands. You hide behind your military hardware and lack the courage to fight. We stand here tall, holding aloft our swords and the Quran. We will conquer you because our will is greater than yours, because there is nothing we will not do in defense of our just and holy cause.

 

One could argue that there is precedent in Islamic theology and history for this kind of ruthlessness. But the approach also has echoes in the Western world. Consider the logic behind the Allied shock-and-awe “area bombings” of German cities during the Second World War, where thousands of innocent civilians were murdered for the purpose of ending the war and stopping the advance of fascism in Europe. Or the logic behind the bombing of Hiroshima and Nagasaki. “The policy of attacking the civilian population in order to induce an enemy to surrender or to damage his morale,” wrote the American philosopher Thomas Nagel, “seems to have been widely accepted in the civilized world.”