Secure Liberties Newsletter
Covering War, Peace, and Everything in Between
TOP LINE
Biden’s Syria strike on shaky legal ground (at best), as experts continue to pick apart the administration’s confusing justification for military action against militia forces in a country the US is not at war with, aligned with a country that Congress passed a War Powers Resolution to prevent war with (Iran). We found these articles by Adil Ahmad Haque and Ryan Goodman insightful.
ICE using private utility database “covering millions,” according to research by Georgetown Law reviewed by The Washington Post. Reps. Gomez and Krishnamoorthi sent letters to the companies in question, Thomson Reuters and Equifax, demanding information. The news comes on the heels of related news that government agencies are buying data (in bulk) scraped out of free apps used by millions, which the Defense Intelligence Agency recently confirmed.
The FBI seized Congressional phone data in Capitol attack investigation, raising “thorny legal questions” around, for instance, cell tower data dumps, which reveal location information and could provide the FBI with a map of contacts among members, staff, and constituents. Sen. Whitehouse questioned the executive branch’s ability to investigate members of Congress given “[s]eparation of powers principles generally, and the speech and debate clause particularly.”
41 Progressives push for details on Biden’s promise to end US support for offensive Saudi operations in Yemen. The letter, available here, seeks clarity on what constitutes “offensive operations,” and what it means for several pending arms sales. The Intercept has more here.
Biden refused to sanction MBS over Khashoggi’s murder because he doesn’t want a “hostile” relationship with Saudi Arabia, per a senior administration official via The Washington Post. Meanwhile, HFAC Vice Chair Malinowski pointed out that the new report on Khashoggi’s murder underscores the danger posed by a growing number of surveillance tools designed to target at dissidents.
ARMS, INTEL, and NDAA
The battle lines are hardening over the defense budget. Progressives in Congress have made cutting the Pentagon’s top-line budget a priority in 2021. Senator Jack Reed, chairman of the SASC and Representative Adam Smith, chairman of the HASC, have both pushed back on the idea of an across-the-board cut in defense spending. While the lawmakers see cuts as unrealistic, some experts say a 15% reduction over ten years is more than doable while maintaining our national security.
The Indo-Pacific Command, however, is looking for more cash to deter China. INDOPACOM chief Admiral Philip Davidson submitted a report calling for $27 billion in additional spending between 2022 and 2027; with $4.6 billion for fiscal year 2022 alone.
Biden sends weapons to Ukraine. On Monday the Pentagon announced it will be sending $125 million worth of military aid to Ukraine. In a press release the Pentagon stated, “This action reaffirms the U.S. commitment to providing defensive lethal weapons to enable Ukraine to more effectively defend itself against Russian aggression.” The funding was allocated through the Ukraine Security Assistance Initiative, which was passed through the 2021 National Defense Authorization Act. $150 million in funds remain for future military aid.
NATO is still undecided on Afghanistan withdrawal, but will send more troops to Iraq. After NATO’s first virtual summit of the year, there is still no decision on whether they will withdraw more than 10,000 troops from Afghanistan by the May 1 deadline. The German government, however, has indicated it will keep its more than 1,100 troops in the country until 2022. NATO Secretary-General Jens Stoltenberg also announced it would expand its security training mission in Iraq, with an increase of 3,500 personnel.
SURVEILLANCE
At FBI oversight hearing, Wray says “racially-motivated violent extremists” are “on the same footing” as threats posed by ISIS, while broadly failing to shed light on the failures that led to the January 6th attack on the Capitol. Wray also said that FBI investigations into domestic terrorism have doubled from the 1,000 he described in September, but we don’t really know what that means because in 2019 the FBI decided to hide its Black Identity Extremism investigations under the same umbrella.
IRS IG: IRS isn’t tracking agents’ use of commercial databases, databases “ineffective,” and also there’s no written opinion at IRS. The remarkable letter, sent in response to a request by Sens. Warren and Wyden, shows that the IRS is seeking to distance itself from the practice while also relying on technicalities about types of location data. Bloomberg has more here. The absence of legal analysis within the agency recalls the origins of the DEA’s bulk dragnet program.
Canadian spies want more power, per the CBC. As Congress considers laws addressing domestic terror, the Canadian Security Intelligence Service is asking for the authority to spy beyond the border.
Sen. Cornyn says Section 702 “jeapordize[d]” by FISA abuse during Garland’s Judiciary hearing, indicating that momentum for reining in surveillance continues to grow amid the ongoing Patriot Act sunset. Transcript here.
Just Futures Law, the Immigrant Defense Project, and other groups suing over COVID data, including location data, based on concerns it may be used for surveillance.
Who can use drones domestically and for what? A new government document provides some details. Appendix A is notable for its inclusion of a table tracking guidance, relevant officials, and the purposes for which unmanned aircraft systems can be deployed at home.
Daily Beast: Biden Launches Classified Review of Drone Strikes and Counterterror Raids
WaPo: ‘Set up to fail’: The tortured history of the 9/11 Commission (“[T]he archival record surrounding 9/11 was shaped as much by political concerns over blame and responsibility (and evading it) as it was by good faith efforts to get to the heart of the matter.”)
Chinese hackers stole another NSA-linked hacking tool, research finds (“[T]he Chinese government may have had access to some of the same tools before they were published”)
BOTTOM LINE
Interested in seeing this newsletter grow? Be sure to invite your colleagues to sign up!
Sign up here! (Forwards welcome.)
This is a project of Demand Progress Education Fund.
What are we missing? Send us an email here.
Archives at www.secureliberties.org.
Like this newsletter? Check out the First Branch Forecast, too!