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You might assume that in the American market economy, telecommunications service providers are private companies. But the Obama Justice Department, in a strange filing with a federal court in San Francisco, explains that the facts are somewhat different. In a sense, the Justice Department said, the telecom companies are just extensions of one big, happy government family: their communications with the government are interagency communications and are entitled to secrecy.
The communications between the agencies and telecommunications companies regarding the immunity provisions of the proposed legislation have been regarded as intra-agency because the government and the companies have a common interest in the defense of the pending litigation and the communications regarding the immunity provisions concerned that common interest.
Now Wired reports that federal judge Jeffrey White has ruled against this ploy, insisting that the government turn over its communications with the telecoms on a subject of vital public interest: securing legislation that grants the telecoms immunity for participating in an illegal surveillance scheme engineered by the Bush Administration. Rather than comply with the court’s order, the Obama Justice Department is now seeking an emergency stay while it continues the crusade for secret government that is immune to accountability for criminal misconduct. They’ve made such a commotion over this that expectations over the texts are now running high. Did they have a shared checklist on how to compromise or corrupt members of Congress? Was Justice promising to compromise criminal investigations in exchange for votes on the floor?
By the way, one telecom declined to participate in the Bush Administration’s warrantless surveillance scheme: Denver-based Qwest Communications. Within a short period of time, the Bush Justice Department opened a criminal investigation targeting the CEO who made this decision, Joseph Nacchio. He was charged and convicted of insider trading. This week, the Supreme Court declined to hear an appeal from his conviction.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Minutes after a tornado hit Shiloh, Illinois, in April that the town’s warning siren sounded:
A bowl of 4,000-year-old noodles was found in northwestern China; and a spokesman for the Chinese Academy of Sciences said that “this is the earliest empirical evidence of noodles ever found.”
Rodrigo Duterte, the president of the Philippines, announced that he has ordered the country’s navy and coast guard to bomb the ships of kidnappers even if civilian hostages are on board.
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"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."