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Title: Fox News Legal Analyst Silenced
Source: by author
URL Source: [None]
Published: Mar 22, 2017
Author: Stephen Lendman
Post Date: 2017-03-22 08:27:12 by Stephen Lendman
Keywords: None
Views: 273
Comments: 9

Fox News Legal Analyst Silenced

by Stephen Lendman

Former law professor, New Jersey Superior Court Judge Andrew Napolitano was legal analyst for Fox News until silenced over allegations of Obama using Britain’s GCHQ spy agency (its NSA equivalent) to monitor Trump - meaning his phone and online communications.

Whether true or not, it’s possible, arguably likely. London’s Guardian earlier reported GCHQ “secretly gained access to the network of cables which carry the world’s phone calls and internet traffic and has started to process vast streams of sensitive personal information which it is sharing with its American partner, the National Security Agency (NSA).”

“The sheer scale of the agency’s ambition is reflected in the titles of its two principal components: Mastering the Internet and Global Telecoms Exploitation, aimed at scooping up as much online and telephone traffic as possible. This is all being carried out without any form of public acknowledgement or debate.”

If the Guardian’s report is accurate, Britain’s GCHQ can spy on virtually anyone’s electronic or phone communications. The NSA and CIA do much the same thing.

Given undemocratic Democrat rage over Trump defeating Hillary last November, party members, very possibly including Obama, along with media scoundrels have gone all-out to delegitimize him - including by insiders leaking classified information, a criminal offense.

Citing unnamed intelligence sources, Napolitano said Obama spied on Trump, using Britain’s GCHQ to avoid leaving his “fingerprints” on what he alleges went on.

GCHQ called his claim “nonsense, utterly ridiculous and should be ignored.” Fox News disavowed his accusation, indefinitely suspending him.

AP News said “(a) person with knowledge of the situation who spoke on condition of anonymity because it was a personnel matter said Napolitano has been benched and won’t be appearing on the air in the near future. Fox had no immediate comment Monday.”

FBI director James Comey said he found no evidence supporting Trump’s charge. Saying it doesn’t mean it didn’t happen.

Trump said “all we did was quote a certain very talented legal mind who was the one responsible for saying that on television. I didn’t make an opinion on it. You shouldn’t be talking to me. You should be talking to Fox.”

Obama encouraged spying on world leaders. During his tenure, the NSA was caught monitoring Angela Merkel’s cell phone conversations, reportedly since 2002.

Obama lied saying he knew nothing about it. Numerous other world leaders were spied on, the NSA monitoring their phone and electronic communications.

Russian, Chinese and Iranian leaders are prime targets. France’s Francois Hollande, Brazil’s Dilma Rousseff and Mexico’s Enrique Nieto were spied on the same ways as Merkel, along with many world leaders.

Given unabated political and scoundrel media anti-Trump rage, wanting him ousted from office, it won’t surprise if credible evidence of subversively spying on him surfaces.

Stephen Lendman lives in Chicago. He can be reached at lendmanstephen@sbcglobal.net.

His new book as editor and contributor is titled "Flashpoint in Ukraine: How the US Drive for Hegemony Risks WW III."

http://www.claritypress.com/LendmanIII.html

Visit his blog site at sjlendman.blogspot.com.

Listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network.

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Begin Trace Mode for Comment # 6.

#3. To: Stephen Lendman (#0)

Napolitano Returns: GCHQ Spying Story Is True, A Big Debate Is Coming - realclearpolitics.com

Posted by Tim Hains
On Date March 29, 2017

[+ 1 minute YouTube video: Judge Napolitano is back: GCHQ British spying on behalf of Obama is real, Published on Mar 29, 2017 by TRUMP MAFIA]

Fox News contributor Judge Andrew Napolitano makes his first appearance on the channel since his bombshell report that President Obama made use of GCHQ to spy of President-elect Trump. He says he and his source stand by that reporting and that more will be forthcoming.

BILL HEMMER: Judge, nice to see you. You’ve had a few quiet days... You put out a story about 10 days ago. You said you were confident in the story that you reported here um in the past month. Do you still stand by it?

JUDGE ANDREW NAPOLITANO: Yes, I do and the sources stand by it and the American public needs to know more about this rather than less because a lot of the government surveillance authorities will expire in the fall. There will be a great debate about how much authority we want the government to have to surveil us.

GreyLmist  posted on  2017-03-29   23:53:07 ET  Reply   Untrace   Trace   Private Reply  

JUDGE ANDREW NAPOLITANO: ... the American public needs to know more about this [Note: GCHQ co-Intel issue and such] rather than less because a lot of the government surveillance authorities will expire in the fall. There will be a great debate about how much authority we want the government to have to surveil us.

Worst Kept Secret: The Master Timeline of Donald Trump’s Relationship with Russia, excerpt:

March 1, 2017

The New York Times reveals that the U.S. has received intelligence from allies confirming meetings between Trump associates and Russian officials in European cities,

Obama Administration Rushed to Preserve Intelligence of Russian Election Hacking - March 1, 2017 nytimes.com source, excerpt:

American allies, including the British and the Dutch, had provided information describing meetings in European cities between Russian officials — and others close to Russia’s president, Vladimir V. Putin — and associates of President-elect Trump, according to three former American officials who requested anonymity in discussing classified intelligence.

White House: No apology to British government over spying claims - CNNPolitics.com, excerpt:

Updated Sat March 18, 2017

Claims by former NSA contractor Edward Snowden led to questions over GCHQ's relationship with the NSA. [GCHQ] was censured by a UK tribunal in 2015 for not making enough information public about how it shares Internet surveillance data with its US counterpart.

GreyLmist  posted on  2017-03-30   0:35:29 ET  Reply   Untrace   Trace   Private Reply  

JUDGE ANDREW NAPOLITANO: ... a lot of the government surveillance authorities will expire in the fall. There will be a great debate about how much authority we want the government to have to surveil us.

Nunes: Leaks against Trump jeopardize reauthorization of crucial spying powers - washingtonexaminer.com

By DAVID M. DRUCKER • 3/25/17

Section 702 of the Foreign Intelligence Surveillance Act [FISA] allows the National Security Agency to monitor telephone communications and Internet data generated by foreign nationals.

It is valued by national security experts for its ability to scoop up vast sums of information that can be used to spy on American adversaries and identify terror plots. But it can also incidentally scoop up Americans who speak with foreign nationals. Including, potentially, a newly elected president and his associates. [Note: "incidentally" being a euphemism for indirect but warrantless "wiretapping"/surveillance, nonetheless, of U.S. citizens and permanent legal residents - their names masked/minimized/redacted/withheld/classified for anonymity, as a general rule of non-disclosure that doesn't much apply to high-level Intel and National Security officials.]

Maintaining America’s Ability to Collect Foreign Intelligence: The Section 702 Program - heritage.org, excerpts:

May 13, 2016

[Pro-702] Authors: Paul Rosenzweig, Charles Stimson and David Shedd

Section 702 of the Foreign Intelligence Surveillance Act (FISA) will, in its current form, come up for reauthorization in 2017. Broadly speaking, the Section 702 program targets non-U.S. persons reasonably believed to be located outside the United States, in order to acquire foreign intelligence. ... there are those who have concerns about the program. These critics believe that the program, as currently implemented, infringes on Americans’ rights. Their concern hinges on the inevitable reality that in the course of collecting information about foreign actors, the Section 702 program will also collect information about American citizens.

Section 702 Explained

Under Section 702, the U.S. Attorney General and the Director of National Intelligence (DNI) may jointly authorize surveillance of people who are not “U.S. persons.” U.S. persons is a term of art in the intelligence community (IC) that means people who are not only American citizens but also covers permanent-resident aliens. As such, the targets of Section 702 surveillance can be neither citizens nor permanent residents of the U.S.

Section 702 authorizes the government to acquire foreign intelligence by targeting non-U.S. persons “reasonably believed” to be outside U.S. borders. Taken together, these two requirements identify the fundamental domain of Section 702 surveillance: it applies to foreigners on foreign soil. It is expressly against the law to attempt collection of information from targets inside the U.S.—whether Americans or foreigners—or to deliberately target the collection of online communications of American citizens.

The Incidental Collection Issue

If that were all that the 702 program involved, it would likely not be particularly controversial. Few Americans have expressed grave concerns about America’s overseas intelligence collection. Significantly, the 702 program cannot be used to target any U.S. person or any person located in the U.S., whether that person is an American or a foreigner. The government is also prohibited from “reverse targeting” under 702—that is, the government cannot target a non-U.S. person outside the U.S. when the real interest is to collect the communications of a person in the U.S. or of any U.S. person, regardless of location.

But a residual issue arises because of the inevitability of inadvertent collection—the incidental collection of information about Americans as part of the authorized collection of foreign intelligence.

To see why this happens, one needs to understand two distinct aspects of the Section 702 program: one portion that goes by the name of PRISM, and another that is referred to colloquially as “upstream collection.”

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part II - justsecurity.org, excerpt:

Thursday, September 22, 2016

Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently acknowledged the broad scope of collection under these programs, which take place under section 702 of the Foreign Intelligence Surveillance Act (FISA). In short, hiding behind the counterterrorism justifications for section 702 is a broad surveillance program that sucks up massive amounts of irrelevant private data.

Today we show why, even though digital surveillance conducted under section 702 is directed overseas, such efforts collect substantial amounts of Americans’ private data. Next week we show how that data can be used for multiple purposes that have nothing to do with foreign intelligence or national security, including criminal investigations.

Our efforts come as lawmakers begin to debate the merits of the PRISM and Upstream surveillance programs ahead of section 702’s December 31, 2017 sunset date. We hope to clear misperceptions about the nature of a surveillance regime that is inconsistent with both the US Constitution’s “reasonableness” requirement as well as international human rights norms that require surveillance to be necessary and proportionate.

GreyLmist  posted on  2017-03-30   4:08:31 ET  Reply   Untrace   Trace   Private Reply  

Section 702 of the Foreign Intelligence Surveillance Act (FISA)

Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 [FISA] - Wikipedia excerpts:

Warrantless wiretapping by the National Security Agency (NSA) was revealed publicly in late 2005 by the New York Times and then reportedly discontinued in January 2007.

The Foreign Intelligence Surveillance Act makes it illegal to intentionally engage in electronic surveillance under appearance of an official act or to disclose or use information obtained by electronic surveillance under appearance of an official act knowing that it was not authorized by statute; this is punishable with a fine of up to $10,000 or up to five years in prison, or both. In addition, the Wiretap Act prohibits any person from illegally intercepting, disclosing, using, or divulging phone calls or electronic communications; this is punishable with a fine or up to five years in prison, or both.

new provisions in Title VII of FISA were scheduled to expire on December 31, 2012, but two days before the U.S. Senate extended the FISA Amendments Act for five years (until December 31, 2017) which renews the U.S. government's authority to monitor electronic communications of foreigners abroad. Section 702 permits the Attorney General and the Director of National Intelligence to jointly authorize targeting of persons reasonably believed to be located outside the United States, but is limited to targeting non-U.S. persons. Once authorized, such acquisitions may last for periods of up to one year. Under subsection 702(b) of the FISA Amendments Act, such an acquisition is also subject to several limitations. Specifically, an acquisition: ... Must be conducted in a manner consistent with the Fourth Amendment to the United States Constitution.

Section 702 authorizes foreign surveillance programs by the National Security Agency (NSA), like PRISM and some earlier data collection activities which were previously authorized under the President's Surveillance Program from 2001.

The President's Surveillance Program (PSP) is a collection of secret intelligence activities authorized by the President of the United States George W. Bush after the September 11 attacks in 2001 as part of the War on Terrorism. Information collected under this program was protected within a Sensitive Compartmented Information security compartment codenamed STELLARWIND. The last (PSP) presidential authorization expired on February 1, 2007, but some of the collection activities were continued, first under the authority of the Protect America Act of 2007, passed in August of that year, and then under the FISA Amendments Act (FAA), which was enacted in July 2008.

Stellar Wind was a prelude to new legal structures that allowed President Bush and President Barack Obama to reproduce each of those programs and expand their reach. In September 2014 The New York Times asserted, "Questions persist after the release of a newly declassified version of a legal memo approving the National Security Agency's Stellarwind program, a set of warrantless surveillance and data collection activities secretly authorized after the terrorist attacks of Sept. 11, 2001." as an introductory headline summary with a link.

Some additional Wikipedia info at President's Surveillance Program | Legal underpinnings and James Comey | Deputy Attorney General [also Acting Attorney General] | NSA domestic wiretapping:

In early January 2006, The New York Times, as part of its investigation into domestic surveillance by the National Security Agency, reported that Comey, who was Acting Attorney General during the March 2004 hospitalization of John Ashcroft, refused to certify the legality of central aspects of the NSA program. The certification was required under White House procedures in order for the program to continue. ... Comey confirmed these events took place (but declined to confirm the specific program) in testimony to the Senate Judiciary Committee on May 16, 2007.

GreyLmist  posted on  2017-03-30   6:21:04 ET  Reply   Untrace   Trace   Private Reply  

#7. To: All (#6)

The President's Surveillance Program (PSP) is a collection of secret intelligence activities authorized by the President of the United States George W. Bush after the September 11 attacks in 2001 as part of the War on Terrorism. Information collected under this program was protected within a Sensitive Compartmented Information security compartment codenamed STELLARWIND.

Fmr. NSA Official CONFIRMS Wiretapping on Trump - YouTube, 12.5 minutes | Link set to start at 7:49 for Tucker Carlson interview at Fox News of William/Bill Binney, approx. 5 minute segment.

Published on Mar 25, 2017 by Trump Nation: ... Democrats want to focus on Russia ... like Jan on Brady Bunch, RUSSIA RUSSIA RUSSIA. Listen as [Fmr.] NSA Official confirms the wiretapping and deep state staying around trying to cause havoc.

[Binney: ... "they're taking in, fundamentally, the entire fiber network inside the United States and collecting all that data and storing it in ... in a program for ... they call it ... Stellar Wind is the name for their program." ...]

NSA’s Fairview Program Part 2 (Video) - article by Bill Still published March 29, 2017, with 7.5 minute YouTube video [interview of Bill Binney in June 2014]:

Let's Talk About FAIRVIEW, the NSA's Plan to “Own the Internet” - article by Adam Clark Estes 7/12/13

The good news is that FAIRVIEW doesn’t affect the average American in the same way that PRISM does. It’s for foreign intelligence gathering, and doesn’t necessarily involve listening in on your phone conversations and reading your emails. The bad news is that the NSA is already doing that other stuff under programs like PRISM.

Fairview (surveillance program) | Legal authorities - Wikipedia

The collection of data under the FAIRVIEW program takes place under different legal authorities: FISA, which requires individualized warrants from the FISA Court, section 702 FAA for when one end of the communications if foreign, and the Transit Authority for when both ends of a communications are foreign.

GreyLmist  posted on  2017-03-30 13:39:47 ET  Reply   Untrace   Trace   Private Reply  

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