The Ugly Truth On What Was Really “Left At The Altar”

Graphic by @TWolf10

I was away during the dueling banjos press conferences of Barack Obama and John Boehner this afternoon. Apparently it was quite the show. Despite stating repeatedly how he was “left at the altar” by his Orange Glo golfing chum Boehner, President Obama seemed to get surprisingly effusive praise from pundits on the left for his speech.

Indicative of the praise is this tweet from Keith Olbermann:

You know my criticisms of this POTUS. In this news conference he has been absolutely effing kickass, and properly pissed off.

David Corn of Mother Jones tweeted:

O was as passionate and as close to angry as he gets. #debtageddon

And Corn is now on Lawrence O’Donnell’s show on MSNBC, where Lawrence the “Eleventy Dimensional Chess Scold” himself just said of Obama’s presser:

“It was a brilliantly effective appearance for his reelection.”

And there is the problem isn’t it? Obama really was, and is, worried more about his reelection than he is the welfare of the country and the entirety of its citizens who are not members of his cherished moneyed elite and financial sector magnates.

The details seemed to ebb and flow over the last few days, but this from Bloomberg sums up the basics of what Obama was willing to pull the trigger on:

Two congressional officials said the White House told Democratic leaders it was pursuing a deal to cut spending, including on Social Security and Medicare, and a tax overhaul that could raise $1 trillion. That provoked an angry reaction yesterday from Senate Democrats, who said they feared they might be asked to swallow steep reductions in programs and trims to entitlement benefits with no assurance of higher tax revenue.

Right. What Obama was caterwauling about being “left at the altar” was his willingness, nee burning desire, to make huge cuts in spending and social safety net programs, in return for the possibility of a tax reform later.

And, make no mistake, Mr. Obama is absolutely desperate to make that deal in order to get the debt ceiling issue off the table until sometime after his reelection campaign. His “Grand Bargain” is shit for the economy, shit for almost all Americans safety net now and in the future; it is only good for the howling idiots in the Tea Party sphere and, of course, the reelection campaign of Barack Obama.

So THAT is what was “left at the altar”, and why Barack Obama was suddenly so apoplectically passionate about it. And, yes, it must be stated Boehner, Cantor and the Tea GOP are even more craven and lame than Obama here, but that is pretty weak tea to hang your hat on if you are a sentient being. And that, folks, was the way it was on the day the debt ceiling fell to the floor.

But, fear not trepidatious Americans, Mr. Obama is going to try to save your future and his “grand bargain” again tomorrow! Gee, what dedication.

UPDATE: Paul Krugman understands the ugly truth here, having issued an article today entitled “What Obama Was Willing To Give Away”. Exactly.

[The wonderful and appropos graphic is by the one and only @TWolf10]

Links, 7/20/11

Our Dying Economy

This is a terrible story on Obama’s apparent decision that he is helpless in the face of the continued crappy housing market. The story seems designed to support the false claim that the only hope of improvement is a settlement, both by ignoring unused TARP funds, and suggestions like Right to Rent.

David Leonhardt writes a similar (though not terrible) story on how the Administration, rather than doing anything on the jobs crisis, is trying to spin his debt negotiations as an economic win. Emphasis on spin, I guess.

China’s long made a killing of its counterfeits. Now they’ve got counterfeit Apple Stores.

Herb Kohl, the Chair of the Senate Antitrust Subcommittee, has come out against the AT&T T-Mobile merger. It’s amazing what not running for re-election can do for a politician’s judgment. (A bunch of progressives like John Conyers, Anna Eshoo, and Ed Markey also submitted a letter in opposition.)

Oh, and the big piece of news on the dying economy? Congressional Republicans are going to crash it to make a point in the debt limit debate.

Your Daily Murdoch

David Cameron was asked at least nine times during question time whether he had talks about Murdoch’s BSkyB bid; the closest to a denial he got was in saying all his conversations were appropriate.

After yesterday’s hearing, News International has suddenly decided to stop paying the legal bills of Glenn Mulcaire, the guy who did a bunch of their hacking for them. Let see if Mulcaire suddenly gets chattier (or discovers some unexpected gifts in his mailbox).

One of the reasons the Murdochs gave for shutting News of the World at their testimony yesterday is that they had lost the trust of readers. But if they spend all their time trying to convince their US readers to trust them still, won’t that lead readers to distrust them?

LulzSec says that, in addition to defacing the Sun in their hack of News International, they got some interesting employee emails. As with DOJ indicting a bunch of hackers on the PayPal DDoS attack, this seems like it just sets off an ongoing path of mutual destruction, hackers hacking hackers.

Justice and Injustice

The government claims all the cables leaked by WikiLeaks may not really exist. Or something like that, just so they don’t have to declassify a bunch of cables that show they’re trying to cover-up torture.

The Fed just signed a consent decree fining Wells Fargo $85 million for channeling prime borrowers into sup-prime loans, and also for lying about people’s incomes on liar loans. I guess the Fed thinks $85 million is a reasonable fine for all the fraud Wells Fargo did that contributed to the crash. Speaking of slaps on the wrist, a year after settling with the FTC on overcharging people whose mortgages Countrywide was servicing, Bank of American has finally identified all the people it needs to pay.

Three judges in the UK has overturned the convictions of 20 climate activists based on their finding that an undercover cop was acting as an agent provocateur.

A Scottish court issued an injunction against Greenpeace, preventing it from spreading pictures it took during a protest against Cairn Energy. But a bunch of crazy bloggers and tweeps have passed on the photos, effectively breaking the injunction.

Judge Royce Lamberth refused to give a new trial to two DC cops who falsely arrested a woman for criticizing them. If the city doesn’t appeal, the woman in question will get $97,500.

The American Empire

For some reason that is not entirely clear, Hezbollah leader Ali Mussa Daqduq may have to be transferred to Iraqi custody. Which, given the ties between Iraq and Iran and Hezbollah, probably will mean Daqduq ill go free.

Spencer interviews Daveed Gartenstein-Ross about his forthcoming book, Bin Laden’s Legacy: Why We’re Still Losing the War on Terror; Gartenstein-Ross describes the many ways our poor response to 9/11 has played right into al Qaeda’s hands, notably on budgetary issues.

Republican Stupidity

Republicans–and some hackish Democrats–are trying to prevent Obama from increasing contractor disclosure using an Executive Order. Some of the Democrats opposed to the disclosure get upwards of 80% of their support from corporations.

House Republicans are trying to defund the OAS, basically trying to get the US to stop engaging in a multilateral way in our own hemisphere. Whoever said John Birch was dead?

Republicans are going to shut down the FAA to make it harder for FAA and railroad employees to unionize. As part of their “negotiating” tactics, they’re also trying to make flights to Harry Reid’s home town more expensive.

And how could I discuss Republican stupidity without noting that Dougie Feith is giving Rick Perry lessons on foreign policy.

Pre-Trash

75 retired football players are suing the NFL for suppressing the results of a study showing the problems that result from brain injuries.

DSK Case Collapse: Lawyers, Phone Calls & Money the Shit Hits The Fan

It is not often you see the total implosion of a major criminal case in quite such a spectacular fashion as we have witnessed with the Dominique Strauss-Kahn (DSK) case in the last 24 plus hours. As I said Thursday night when the news first broke of the evidentiary infirmities in relation to the putative victim were first made public in the New York Times; there is simply no way for the prosecution to recover, the criminal case is dead toast.

Today, the letter from the Manhattan DA’s Office to DSK’s attorneys detailing the Brady material disclosures gutting their victim’s credibility was made public. It is, to say the least, shocking. But what has transpired since then has been nothing short of stunning.

As expected, DSK had his release conditions modified to OR (own recognizance) and all restrictions, save for not leaving the United States, removed. If you do not think that is a crystal clear sign of just how much trouble the prosecution is in, then you do not know criminal trial law.

But the process of dismissing the case cannot take too long, DSK’s attorneys simply will not sanction that and, trust me, they have already mapped out an attack strategy should they need it. My guess is there will be a blitzkrieg should there not be a dismissal by next Wednesday. and if they did not have enough ammunition as of last night, the clincher was revealed late Friday night.

Once again, the breaking story comes from the New York Times:

Twenty-eight hours after a housekeeper at the Sofitel New York said she was sexually assaulted by Dominique Strauss-Kahn, she spoke by phone to a boyfriend in an immigration jail in Arizona.

Investigators with the Manhattan district attorney’s office learned the call had been recorded and had it translated from a “unique dialect of Fulani,” a language from the woman’s native country, Guinea, according to a well-placed law enforcement official.

When the conversation was translated — a job completed only this Wednesday — investigators were alarmed: “She says words to the effect of, ‘Don’t worry, this guy has a lot of money. I know what I’m doing,’ ” the official said.

It was another ground-shifting revelation in a continuing series of troubling statements, fabrications and associations that unraveled the case and upended prosecutors’ view of the woman. Once, in the hours after she said she was attacked on May 14, she’d been a “very pious, devout Muslim woman, shattered by this experience,” the official said — a seemingly ideal witness.

Little by little, her credibility as a witness crumbled — she had lied about her immigration, about being gang raped in Guinea, about her experiences in her homeland and about her finances, according to two law enforcement officials. She had been linked to people suspected of crimes. She changed her account of what she did immediately after the encounter with Mr. Strauss-Kahn. Sit-downs with prosecutors became tense, even angry. Initially composed, she later collapsed in tears and got down on the floor during questioning. She became unavailable to investigators from the district attorney’s office for days at a time.

Now the phone call raised yet another problem: it seemed as if she hoped to profit from whatever occurred in Suite 2806.

Game. Set. Match. There is so, so, much more of course (really, read the whole sordid set of facts) that absolutely guts any possibility of proceeding with the woman as a criminal victim against DSK but, Read more

Obama’s “Evolution” Accelerates: DOJ Formally Declares DOMA Unconstitutional

Well the Obama Administration slid some pretty big news into the holiday weekend trash dump, and for once it is very good news. In a late filing in the Northern District of California (NDCA) case of Golinski v. US Department of Personnel Management, the Department of Justice has formally stated that the Defense of Marriage Act (DOMA) is unconstitutional:

Section 3 of the Defense of Marriage Act, 1 U.S.C. 7 (“DOMA”), unconstitutionally discriminates. It treats same-sex couples who are legally married under their states’ laws differently than similarly situated opposite-sex couples, denying them the status, recognition, and significant federal benefits otherwise available to married persons. Under well-established factors set forth by the Supreme Court, discrimination based on sexual orientation is subject to heightened scrutiny. Under that standard of review, Section 3 of DOMA is unconstitutional.

The Supreme Court has yet to rule on the appropriate level of scrutiny for classifications based on sexual orientation, but it has established and repeatedly confirmed a set of factors that guides the determination whether heightened scrutiny applies: (1) whether the group in question has suffered a history of discrimination; (2) whether members of the group “exhibit obvious, immutable, or distinguishing characteristics that define them as a group”, (3) whether the group is a minority or is politically powerless; and (4) whether the characteristics distinguishing the group have little in relation to legitimate policy objectives or to an individual’s “ability to perform or contribute to society.” Bowen v. Gilliard, 483 U.S. 587, 602-03 (1987); City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439 (1985). Careful consideration of those factors demonstrates that sexual orientation classifications should be subject to heightened scrutiny.

Here is the complete brief filed by the DOJ in Golinski

As much grief as Barack Obama has received for his “state of evolution” posture on granting full constitutional equality, in all respects, on LGBT issues, including more than a little from me, this is a very significant shift and should be applauded. The position staked out in Golinski is a follow on of the “new policy” announced by the Administration when it refused to continue defending the 2nd Circuit DOMA cases, but it is a quantum shift further.

The US government has gone from fighting to support DOMA, to refusing to support but standing on the margins, to entering the case and actively siding with the plaintiff seeking to declare the law unconstitutional. That is truly a wonderful evolution, and it is happening at warp speed now. this is far more reaching than just the pending DOMA cases in the 2nd Circuit. As I first said when the policy shift was announced by Eric Holder, this seismic change will filter into any LGBT Constitutional rights case pending in federal or state courts, most importantly Perry v. Schwarzenegger (Prop 8) and the other DOMA cases currently being litigated.

This is simply fantastic news for all those who believe in Equal Protection and marriage equality for all. As I said exactly one week ago tonight when New York passed their marriage equality law in the dead of the night, the die is increasingly cast. The government’s official, and strong, step forward in Golinski is yet another big step toward the goal, and toward Anthony Kennedy’s wheelhouse. In conjunction with the Motion for Summary Judgment concurrently filed by Golinski herself, that should about seal the deal in the case. That is a beautiful thing.

Once the precedent is entered that “discrimination based on sexual orientation is subject to heightened scrutiny” the game is over across the board. The dawn is on the horizon.

Bahraini Riot Police Attacks Citizens on Day After Human Rights Inquiry Announced

Yesterday, Bahrain’s King Hamad bin Isa al-Khalifa announced a human rights inquiry into crackdowns on protestors. Human rights violations would not be tolerated, he claimed.

King Hamad bin Isa al-Khalifa announced the move in a speech at an extraordinary Cabinet meeting Wednesday, saying such violations would not be tolerated, BNA reported.

[snip]

The king said the new five-member commission, which is expected to report its findings by the end of October, would be headed by law professor Mahmoud Cherif Bassiouni, a United Nations war crimes expert.

“Any person, whether acting on behalf of the government or any other capacity should be aware that we have not given up on our principles and would not tolerate any human rights violations,” the king told the Cabinet, according to BNA.

“Such acts do not help anyone, but hurt everyone.”

King Hamad also issued a royal decree Wednesday ordering that suspected protesters facing military trial be transferred to criminal courts, and opened the door for fresh appeals, BNA reported.

Here’s what is going on today, as chronicled by Angry Arabiya.

Hamad our reply to ur speech… DOWN DOWN HAMAD!!!!! #Bahrain

Out riot police in front of us. We’re walkin towards them

Suffocatin from tear gas…

Every askin for pepsi. Our faces burning

We’re all women here, maybe 20-25, they’re attacking

They beat up a aguy and are taking him, the women shouting “leave our brothers”

Sound bomb just passed by my frnds head!

These are the houses some bahrainis live in! #Bahrainhttp://yfrog.com/kkjn4fwj

Helicopters above us now

Ppl still honking “down down Hamad” #Bahrain

Riot police retreated, covered my mouth with my sheila, walkin again. #Bahrain

Tear gas again….

Wat a great ppl, every1 has their doors open. Every1 welcoming us in2 their homes, trying to protect us.

Running into some of my bravest frnds, havnt seen them since the glorious days of pearl roundabout. #Bahrain

We’re unarmed, shouting slogans. They’re all armed, shooting at us constantly. Waving to us to go closer to them #Bahrain

Sound bomb is direct translation from arabic, some1 tells me they’re called stun grenade in english..

Heading to the street again, boys infront of us. Shouting “down down Hamad” #Bahrain

“Ur prisons are full of innocent souls” #Bahrainhttp://yfrog.com/kes6cqtj

We’re safe. Its time 4 prayer. My brave frnds who r not afraid of the riot police just saw a lizard and freaked out lol #Bahrain

I guess it’s not surprising that a close ally of the US might think dropping tear gas, like freedom bombs, are a good way to support human rights.

Jim Webb: We Are Endorsing Assassination of Leaders of Countries We Recognize

I’m watching the Senate Foreign Relation Committee’s grilling of Harold Koh–either bmaz or I will post on that later.

But Jim Webb just made a really important point. He noted that we have suspended, but not severed, our relations with Libya. After cornering Koh on that issue (and finally getting Koh to acknowledge that point), Webb then asked “What is the constitutional limitation on the assassination of a head of state?” Koh replied that the ban on assassinations is an Executive Order, not a law (a point I make all the time, given that it means the ban can be pixie dusted at will by Presidents).

Webb then said that Nobody up here wants Qaddafi to remain. But moral standard we set is one we should expect.

In other words, Webb notes, if we actively work to assassinate the leader of a country we recognize, we are implicitly endorsing such actions against us.

Silly Webb doesn’t get yet that the US operates under one giant double standard, I guess.

Thomas Drake Proved To Be Bloody Well Right

Well hello there Wheelhouse members! Marcy is still on the road, but I am back and ready to roll, so there will start being actual content here again! I want to start with a bit of interesting post-mortem news on Thomas Drake.

As you will recall, Tom Drake was belligerently prosecuted by the DOJ on trumped up espionage charges (See: here, here, here and here) and their case fell out from underneath them because they cravenly wanted to hide the facts. As a result, Drake pled guilty to about the piddliest little misdemeanor imaginable, and will be sentenced, undoubtedly, to no incarceration whatsoever, no fine and one year or less of unsupervised probation on July 15, 2011. But the entire Tom Drake matter emanated out of Drake’s attempt to internally, and properly, cooperate with a whistleblowing to the Department of Defense Inspector General.

The report from the DOD IG in this regard has now, conveniently after Drake entered his plea, been publicly released through a long sought FOIA to the Project On Government Oversight (POGO), albeit it in heavily redacted form:

The U.S. Department of Justice (DOJ) prosecuted Drake under the Espionage Act for unauthorized possession of “national defense information.” The prosecution was believed to be an outgrowth of the DOJ’s investigation into disclosures of the NSA warrantless wiretapping to The New York Times and came after Drake blew the whistle on widespread problems with a NSA program called TRAILBLAZER. Most of the Espionage Act charges against Drake dealt with documents associated with his cooperation with this DoD IG audit. However, this month the government’s case against Drake fell apart and prosecutors dropped the felony charges. Instead, Drake pleaded to a misdemeanor charge of exceeding the authorized use of a computer.

The report, which was heavily redacted, found that “the National Security Agency is inefficiently using resources to develop a digital network exploitation system that is not capable of fully exploiting the digital network intelligence available to analysts from the Global Information Network.” The DoD IG also found, in reference to TRAILBLAZER, that “the NSA transformation effort may be developing a less capable long-term digital network exploitation solution that will take longer and cost significantly more to develop.”

Here is a full PDF of the entire redacted public version of the report in two parts because of file size: Part One and Part Two.

The report speaks for itself and I will not go in to deep quotes from it; suffice it to say, the DOD IG report proves that Tom Drake was precisely correct in his initial complaints that the TRAILBLAZER program was a nightmarish fraud on the taxpayers and inherently inefficient compared to the THIN THREAD program originally devised in house. The money quotes, as noted by POGO, are:

…the National Security Agency is inefficiently using resources to develop a digital network exploitation system that is not capable of fully exploiting the digital network intelligence available to analysts from the Global Information Network.

and

…the NSA transformation effort may be developing a less capable long-term digital network exploitation solution that will take longer and cost significantly more to develop.

So, in sum, thanks to POGO’s FOIA release here, we now know that not only was the persecution of Tom Drake by the DOJ completely bogus and vindictive, Tom Drake was bloody well right about TRAILBLAZER versus THIN THREAD to start with. Who couldda predicted?

Going Astray – Obama and Nato Bombings in Libya

EW and probably bmaz as well will likely have more to say on this one when they free up.

Charlie Savage reported on Friday that Obama rejected advice from both Jeh Johnson (Pentagon general counsel) and, even more significantly, Caroline Krass (the acting head of DOJ’s Office of Legal Counsel) when he availed to himself the power to continue bombings and killings in Libya, under the assertion that he’s, well, he’s just not being all that hostile in his bombing campaign.

Like Nixon in Cambodia, Obama did find supporters for his decisions about Libya. Ex-Yale Dean, current assassination proponent, Harold Koh (legal advisor for the State Department) apparently assured Obama that the bombings just do not rise to the level of being “hostilities” for which Obama needs Congressional permission. Robert Bauer, Obama’s White House counsel, reportedly provided his own version “yeah buddy” for Obama.

Just as Bush found it convenient to get his White House Counsel, Alberto Gonzales, to opine that as long as Bush designated his torture victims as being “illegal enemy combatants” (whatever the ultimate facts) he was exempt from war crimes prosecutions, Obama’s White House counsel is equally eager to tell Obama that, as long as he doesn’t call them “hostilities,” Obama can bomb any nation for any period of time.   

Most importantly – all of this is being done in derogation of the Office of Legal Counsel opinion that the President has exceeded his authority.   At issue, according to White House Spokesman Eric Shultz (Dan Pfeiffer was tied up) isn’t the very same, age old, typical power grab of any unchecked sovereign, but instead the age of the War Powers resoluton.

“It should come as no surprise that there would be some disagreements, even within an administration, regarding the application of a statute that is nearly 40 years old to a unique and evolving conflict,” Mr. Schultz said. “Those disagreements are ordinary and healthy.”

The Obama theory is that with 10 years of Bush-Obama battering of the psyches and vocabularies of of Americans and with some very dedicated government propaganda processes to boot, the meaning of the term “hostilities” has changed to exclude American or American led NATO bombings.  And this is “ordinary and healthy.”

Apparently the words “ordinary” and “healthy” have changed some over the last 40 years as well. For those civilian residents in Tripoli who were killed or maimed by NATO’s bombing run today, there is no translation dictionary or program current enough to convert their descriptions of the outcome of the NATO bombing into the words “ordinary” and “healthy.”  NATO provided an assist though – what happened wasn’t a bombing of civilians, but rather a strike on an unintended target. 

“[I]t appears that one weapon did not strike the intended target and that there may have been a weapons system failure which may have caused a number of civilian casualties.”

Cue up Obama’s spox to explain to us how words like “civilian casualties” have also changed a lot over the last few decades – in an ordinary and healthy way.  Maybe they’ll even bring on Henry Kissinger to help with the explanation.   

I don’t completely buy Glenn Greenwald’s take that Bush had “better” lawyers, because [now starts my paraphrase of Glenn’s point] some were prepared to threaten to quit over the NSA program (which they demanded be revised into an equally unconstitutional format) and others were prepared to blindly follow the lead without even knowing anything about why they’d be resigning, still, I will say that Bauer and Koh can easily fill the shoes of Gonzales and Bellinger.

Bush and “torture.” Obama and “hostilities.”  The one thing that we can rely upon is that the meaning of the phrase “Executive Power” has changed over the years. Unchecked, it will continue to change at an ever-increasing rate.  And for those of us who remember Obama’s “stern face” as he promised during primaries and camaigns to “restore the rule of law” we can only wonder when that phrase went so far astray as to encompass the things the Obama administration has done over the last few years. 

DOJ: Calling Out Government Lies Would Endanger National Security

The government argues that, in spite of the fact that Saifullah Paracha’s Gitmo Detainee Assessment Brief was leaked in April, his lawyer, David Remes, cannot talk about it. Because if he did, we might conclude the DAB was real.

Granting Petitioner’s request could also be detrimental to the interests of national security, given the access to classified information that petitioners’ counsel enjoy but that members of the public at large do not. Reliance on the purported detainee assessments leaked to WikiLeaks in unclassified public writings by habeas counsel known to have access to classified information could be taken as implicit authentication of the reports and the information contained therein.

Of course, no one really doubts that it is real. But the government will claim that this public information remains classified to make sure Remes can’t mention the information. Remes can only represent his client, I guess, in court, not in the public sphere.

The problem, of course, is that the file contains obvious problems–if not out and out lies, then at least one gross misrepresentation, to wit: the government claims that Aafia Siddiqui “was detained in Afghanistan in mid-July 2008” (see Detainee assessment (the Scribd like embed at the link), page 5).

There are certainly other areas Remes would be interested in discussing and having the freedom to argue to the public on behalf of his client, because that is not only what defense lawyers are supposed to do, but are ethically required to do, in order to provide a zealous representation for their client.

The real extent of the conundrum this places Remes, and similarly situated Gitmo counsel, in is demonstrated by this from the Blog of Legal Times at the National Law Journal:

Remes, the department said, cannot have unrestricted use of the documents that the government refuses to confirm or deny are authentic assessments of detainees. DOJ’s submission (PDF) expands on the scope of the guidance the department issued this month to lawyers in Guantanamo habeas cases.

In court papers, the DOJ theme is clear: the Justice Department over and over refused to confirm or deny that any individual WikiLeaks document is an official government record.

“Unfettered public use, dissemination, or discussion of these documents by cleared counsel could be interpreted as confirmation (or denial) of the documents’ contents by an individual in a position of knowledge, with corresponding harm to national security,” DOJ Civil Division attorney Kristina Wolfe said in court papers.

The government, Wolfe said, cannot acknowledge the authenticity of one document and then refuse to substantiate another document. The “very act of refusal would in effect reveal the information the government seeks to protect—the authenticity of the purportedly classified document,” Wolfe said.

This is beyond absurd, the DOJ is refusing to admit or deny, and is wantonly limiting the ability of lawyers to use, something the entire world is in on. They are treating the information like it is secret material under a Read more

Jon Tester: Get Out of My Trash

Jon Tester is, to the best of my knowledge, the first member of Congress to complain about FBI’s new investigative guidelines allowing agents to–among other thing–search potential informants’ trash.

As a strong believer in government accountability and person privacy rights, I find it unacceptable that you would lower the threshold further for engaging in surveillance on Americans who are not suspected of criminal wrongdoing. It is unconscionable for FBI to pursue policies that allow agents to search commercial or law enforcement databases–or even an individuals garbage–without adequate justification and proper record-keeping. I ask you to retain your current protocol, where agents must open such inquiries with due diligence before they can search for information. Until law enforcement agents have reason to investigate any American, it is unacceptable for those agents to cast a wide, non-specific net when they are evaluating a target as a potential informant.

I guess the other 534 members of Congress have no problem with the FBI rifling through their trash.