Showing posts with label due process. Show all posts
Showing posts with label due process. Show all posts

Sunday, August 18, 2013

Voters Confront Chris Van Hollen About NSA Mass Surveillance // PLUS: Rep. Dennis Kucinich Slams NSA at DC Film Screening

Privacy Advocates Criticize Chris Van Hollen at Town Hall
Maryland Juice previously reported that more than half of the Free State's Democratic members of the U.S. House voted to continue potentially illegal violations of our Internet and telephone privacy. Democratic Representatives John Delaney, Chris Van Hollen, Dutch Ruppersberger, and Steny Hoyer voted against ending constitutionally questionable surveillance of Americans, while Donna Edwards, John Sarbanes, Elijah Cummings and GOP Rep. Andy Harris voted to end the sketchy practice.

Below we provide a round-up of updates to the snowballing story, including responses from Congressmen John Delaney & Chris Van Hollen.

VOTERS SLAM VAN HOLLEN AND OTHER POLITICIANS OVER NSA SURVEILLANCE - In the wake of startling revelations that the NSA (our top spy agency) has been engaging in mass surveillance of innocent Americans, voters are beginning to confront members of Congress during their August recess Town Hall meetings. Politico reported on the development last week (excerpt below):
POLITICO: Activists with Demand Progress and similar groups raised their surveillance qualms at a town hall held Tuesday by Rep. Jim Langevin (D-R.I.), a member of the House Intelligence Committee. And a small group of protestors appeared to disrupt [Rep. Chris] Van Hollen’s recent August gathering, an event focused on climate change in Silver Spring, Md. The tiny activist cohort carried signs emblazoned, “VAN HOLLEN WRONG ON NSA: Restore the 4th!” The Democratic congressman voted against the so-called Amash amendment because it wasn’t “the most comprehensive and effective” approach, according to a spokeswoman, who added Van Hollen does support “rewriting these laws....”

The foremost congressional supporters of the NSA long have been playing defense on Capitol Hill. At one point, though, agency allies invited the NSA’s leader, Gen. Keith Alexander, to brief lawmakers “in advance of the August district work period,” according to an invite sent to Democrats last month and obtained by POLITICO.

Maryland Rep. Dutch Ruppersberger, the leading Democrat on the House Intelligence Committee, hosted his party’s session. He stressed the meeting wasn’t focused on teaching members how to fend off angry voters. The point, Ruppersberger said, was to “get the facts from the source so that there’s not false information.”
OVERSIGHT FAILURE FROM CONGRESS - Rep. Dutch Ruppersberger, whose district includes the NSA's headquarters in Ft. Meade, has abdicated his responsibility to conduct oversight of the agency's surveillance activities, and has instead served as a cheerleader for illegal spying on Americans. The reason why this is a serious problem, is because the NSA's Director of National Intelligence James Clapper has now admitted he perjured himself when asked by Congress about the unconstitutional surveillance. Salon.com writer David Sirota now reports that a new poll shows a strong majority of Americans want to see Clapper prosecuted for perjury (excerpt below):
SALON.COM: There is no longer any doubt that Director of National Intelligence James Clapper lied to Congress. Likewise, there is no doubt that his lie runs afoul of federal law. And, of course, there is no doubt that in terms of its implications for oversight, constitutional precepts and privacy for millions of Americans, his lies were far more serious than those that have gotten other people prosecuted for perjury. The question now is whether his brazen dishonesty will become a political issue — or whether it will simply disappear into the ether.

As evidenced by President Obama this week attempting to promote Clapper to head an “independent” NSA reform panel, the White House clearly believes it will be the latter. But a set of new polls out today suggests such a calculation may be wrong....

In the Democratic states of California and Hawaii, 54 percent and 58 percent of voters, respectively, want him prosecuted. In middle-of-the-road Iowa, it’s 65 percent. And in Republican Texas and Kentucky, it is 68 percent and 69 percent, respectively. These are particularly striking numbers because the “not sure” numbers are relatively small....
Indeed, outrage over the NSA's surveillance of innocent Americans has become a bipartisan issue, even impacting those who voted correctly to end the questionable snooping. The Huffington Post reported recently that Maryland's Tea Party Congressman Andy Harris was confronted by voters over the issue, even though he voted the right way (excerpt below):
HUFFINGTON POST: A Maryland town hall meeting grew heated Tuesday, when GOP Rep. Andy Harris faced disgruntled constituents angry over partisan politics fraying the country and the perceived lack of Republican action to fix problems.

At a packed gathering in Bel Air, voters voiced their discontent on topics ranging from the Benghazi attack to National Security Agency surveillance to health care reform. Some demanded that Republicans do more to pressure President Barack Obama and Democrats to change the direction of the country....

Harris tried to calm the crowd during the almost-two-hour meeting, emphasizing that he is "very, very worried about what the NSA is doing"....But Harris' constituents had grave concerns.

"When is this government going to come clean with the American people and tell us what this secret law says, how it's being secretly interpreted, how it's being secretly implemented, and what it means [to] every person in this room," one angered resident asked....

DENNIS KUCINICH SLAMS NSA & COMMENTS ON SNOWDEN AT DC FILM SCREENING - Last week, Maryland Juice invited readers to the DC film premiere of "Terms and Conditions May Apply," a new film about privacy and surveillance in the digital era. The screening was attended by numerous national civil liberties advocates, several Montgomery County residents and filmmaker Cullen Hoback. But former presidential candidate and U.S. House member Dennis Kucinich stopped by the premiere and offered his thoughts on the NSA scandal. Kucinich slammed the NSA and called for its dissolution, while stating that there should be ticker-tape parades for NSA whistleblower Edward Snowden. Maryland Juice captured his comments in the video below:



VAN HOLLEN & DELANEY (KIND OF) BACKING AWAY FROM SUPPORT FOR NSA SURVEILLANCE - After the outcry over the failure to end the NSA's mass surveillance program, two Maryland supporters of the spy agency, are quietly trying to "reform" the program. Politico reported that this morning Van Hollen claimed that we should fix the snooping program to make it better (excerpt below):
POLITICO: [Rep. Chris Van Hollen] voted against an amendment by Rep. Justin Amash to pull much of the funding for the NSA program, calling it the wrong approach....  The NSA was back in the news last week after recent with a report in The Washington Post that the agency has broken privacy rules “thousands” of times.... The NSA to needs to get “advanced approval” for its queries, Van Hollen said....
Meanwhile, a few weeks ago Rep. John Delaney issued a press release asking for Congress to "examine" the NSA's mass surveillance activities:
JOHN DELANEY: Congressman John K. Delaney (MD-6) has joined 153 Members of Congress on a letter to President Obama regarding the NSA’s collection of bulk metadata. The letter states that, “Congress must examine the various national security collection programs and consider amendments to the law.”...

“My constituents have made it clear that they are troubled by the scope of our intelligence and counter-terrorism programs. I share their concerns. In the Washington region, we also know that we face an elevated risk of terrorism each day. Congress has a critical oversight role to perform and we should continue to examine the constitutional and national security implications of our policies,” said Congressman Delaney. “There was a heated debate last week on the Amash amendment, but that was not the final chapter. It’s important that we get this right: these programs are at the intersection of our security and protected liberties, the stakes are very high.” 
Indeed, Van Hollen and Delaney both signed a flimsy and meaningless letter to President Obama noting that there are "lingering questions" about NSA activities and that Congress should "examine" what's going on. It should be noted, however, that the letter lacks any credibility, given that it calls for no specific policy changes and was also signed by the same Democratic leaders who were whipping the NSA vote against privacy advocates. Indeed, many long-time rubber-stamps for the NSA and Pentagon signed the letter calling for more "examination" of the NSA's assault on the constitution. What have they been doing the last ten years? Apparently not "examining" what the NSA is doing.  #OversightFAIL

MORE ON THE GROWING NSA SURVEILLANCE SCANDAL SOON!

Wednesday, July 3, 2013

O'Malley to Name Mary Ellen Barbera Chief Judge of Maryland's Highest Court // PLUS: Her Views on Warrantless DNA Searches

JUDGE MARY ELLEN BARBERA TO BECOME CHIEF JUDGE IN MARYLAND - A knowledgeable source indicates that Governor Martin O'Malley has selected Judge Mary Ellen Barbera to replace Robert Bell as the Chief Judge of the Maryland Court of Appeals (our highest court). The change in leadership results from Bell having hit a mandatory retirement age. Judge Barbera currently sits on the Court of Appeals, so this is essentially a promotion from within. Barbera was first appointed in 2008 and appears to come from a law enforcement/prosecutor's mindset, having previously worked in the Attorney General's office representing the state against those appealing convictions. Her bio also indicates a past focus on public safety and victims' rights. The Baltimore Sun's Erin Cox confirmed the news this morning, focusing on the fact that Barbera will be the first woman to helm the Court of Appeals (excerpt below):
BALTIMORE SUN: Maryland achieved several milestones Tuesday as Gov. Martin O'Malley named the first woman to lead what will be the first female majority on the state's top court.... Bell is required by law to retire from the Court of Appeals when he turns 70 on Saturday.

O'Malley elevated Court of Appeals Judge Mary Ellen Barbera to be chief — the highest-ranking judge in Maryland — and he appointed Court of Special Appeals Judge Shirley M. Watts to take the seat of retiring Chief Judge Robert M. Bell.... Watts, 54, was appointed to the Court of Special Appeals in 2011, following nine years as a Baltimore City Circuit Court judge and stints as an assistant state's attorney and federal public defender.

JUDGE BARBERA'S DEFENSE OF WARRANTLESS DNA SEARCHES - Maryland Juice admits to not knowing much about Barbera's legal philosophy, though a simple Google search turns up some commentary from her defending Maryland's recent controversial law allowing police to gather and warehouse DNA samples from those arrested for certain crimes. The Supreme Court's recent 5-4 ruling upholding the controversial law leaves the door open for collection of DNA from suspects whether or not they are actually convicted. Those caught in the DNA dragnet could later have their genetic material searched by the police for completely unrelated crimes, potentially allowing cops to engage in DNA fishing expeditions -- without a search warrant or articulable suspicion.

The Public Defenders office criticized the law, and a 5-2 majority of the Maryland Court of Appeals thought Maryland lawmakers went too far. But Barbera was one of the two dissenting Judges who thought that allowing police to collect and warehouse the DNA of crime suspects for future use was a kosher practice. The Daily Record's Steven Lash wrote about the battle of legal opinions between Judge Glenn Harrell who wrote the majority opinion ruling DNA dragnets illegal, and Barbera, who defended the practice (excerpt below):
DAILY RECORD:  “We simply will not allow warrantless, suspicionless searches of biological materials without a showing that accurate identification was not possible using ‘traditional’ methods,” [Judge Glenn] Harrell added....

Other courts that have considered the issue have reached different conclusions — as did Judge Mary Ellen Barbera, who dissented from the King decision, saying arrestees have a “significantly diminished expectation of privacy” with regard to police taking a DNA sample from them....
As The Huffington Post noted, the Supreme Court recently upheld Maryland's DNA dragnets, but Attorney General Doug Gansler (who pushed for the law) admitted it could lead to a slippery slope (excerpt below):
HUFFINGTON POST: Maryland Attorney General Doug Gansler agreed that there's nothing stopping his state from expanding DNA collection from those arrested for serious crimes to those arrested for lesser ones like shoplifting....

Barbera gets to head the Court of Appeals for nine years. Here's to hoping she brings more balance on due process, criminal justice and civil liberties issues than her views on DNA dragnets would suggest!

Friday, April 12, 2013

EXCLUSIVE INTERVIEW: Congressman Dutch Ruppersberger Discusses Potential 2014 Bid for Governor with Maryland Juice

Earlier this week, Baltimore Sun columnist Dan Rodricks reported that Congressman Dutch Ruppersberger was weighing a surprise run for Maryland Governor in 2014. Maryland Juice found out firsthand that the rumors are true!

DUTCH RUPPERSBERGER TALKS TO MARYLAND JUICE ABOUT 2014 GOVERNOR'S RACE - Below Maryland Juice provides an exclusive interview with Rep. Dutch Ruppersberger about his exploration of a 2014 gubernatorial campaign. We asked Rep. Ruppersburger several questions about the basic contours of his race:
  1. Why did you decide to start exploring the 2014 Governor's race?
  2. Have you set a timeline for making a decision?
  3. Would you consider being the running-mate of one of the existing candidates? 
  4. Can you compete in fundraising this late in the game?

WATCH DUTCH RUPPERSBERGER DISCUSS A 2014 GUBERNATORIAL RUN


STOP CISPA: FLOOR VOTE WEDNESDAY: I should note that I was actually in Rep. Ruppersberger's office to discuss my concerns with his cybersecurity bill CISPA, but after a lengthy debate over that issue, I think the Congressman and I will have to agree to disagree. The bill's stated intent is to stop malicious "hackers," but it attempts to do so by overriding all existing online privacy laws and allowing companies (like Google, Facebook, and Twitter) to voluntarily share information with law enforcement agencies and defense contractors. In exchange, these companies are granted immunity from lawsuits.

The ACLU notes: "CISPA is a proposed law that would give companies unprecedented power to hand your personal information from the internet, including from private communications, over to government agencies without a warrant."

Granted most reasonable people want to protect the U.S. power grid and stop malicious hacking, but on the balance of things, Americans increasingly prioritize online privacy. Last year every Democratic House member from Maryland voted against CISPA (except for bill sponsor Rep. Ruppersberger), and President Obama threatened to veto the legislation.

The U.S. House is scheduled to vote on the proposal next Wednesday, and Maryland Juice hopes to see last year's CISPA opponents continue their opposition: Rep. Elijah Cummings, Rep. Donna Edwards, Rep. Steny Hoyer, Rep. John Sarbanes, and Rep. Chris Van Hollen. We also hope that Rep. John Delaney will join the majority of his Democratic colleagues in affirming last year's opposition to CISPA.
Okay, I'm jumping off my soapbox now, and I'll admit that in spite of my disagreements over this issue, Dutch Ruppersberger (a self-described moderate Democrat) seems like a nice enough guy. Moreover, I appreciate that he provided the opportunity for me to air some concerns with the legislation.

More on the 2014 Governor's race soon!

Tuesday, January 8, 2013

ATTORNEY GENERAL 2014: Sen. Brian Frosh & Del. Jon Cardin Speak Out on MD Death Penalty // PLUS: Speed Camera Tango

Many issues of interest to a potential Attorney General are already being hotly debated at the start of the 2013 legislative session. Most observers, for example, can sense that gun control and the death penalty will be among the more emotional issues discussed by Annapolis lawmakers this year. But with only two more legislative sessions and a scant 18 months until the June 2014 Democratic Primary for Attorney General, would-be candidates are beginning to jockey on the issues. Below Maryland Juice highlights comments from two Democrats who are actively and publicly exploring bids for the AG office: State Senator Brian Frosh and Delegate Jon Cardin

O'MALLEY CONFIRMS DEATH PENALTY REPEAL IS WITHIN TWO VOTES: Governor Martin O'Malley confirmed to the Daily Record today that death penalty opponents are within two votes of securing enough support for repeal in the State Senate (excerpt below):
DAILY RECORD: Gov. Martin O’Malley says he’s confident the state Senate is within two votes of supporting a repeal of capital punishment in Maryland.
Meanwhile, national groups, such as Color of Change (an African American grassroots action group)  are now getting involved in the issue and sending out action alerts. Given the sudden legislative movement for death penalty repeal, Maryland Juice decided to conduct quick email interviews with both Cardin and Frosh. The death penalty is an interesting topic to help voters understand candidates, since the practice is intertwined with Maryland's law enforcement officials. Accordingly, we asked both interviewees for the Attorney General job whether they would be supporting death penalty repeal, and how they saw the role of the AG's office with respect to state executions. See their responses below:


MARYLAND JUICE EMAIL INTERVIEWS WITH
2014 ATTORNEY GENERAL CANDIDATES:

SEN. BRIAN FROSH   &  DEL. JON CARDIN
MARYLAND JUICE:  Can you please tell readers whether you are supporting death penalty repeal in 2013? What do you think the AG's role is/should be on this issue?

SEN. BRIAN FROSH: I support repeal of the death penalty, as I have for many years.  I will, again, be a cosponsor of the bill. The office of the Attorney General is a bully pulpit from which past Attorneys General, like Joe Curran, have advocated repeal.  But it is up to the General Assembly to make policy.  I hope that repeal can be accomplished before the 2014 election and that the issue will be academic after that.

DEL. JON CARDIN: I have supported abolishing the death penalty in Maryland in the past. In short, it bankrupts our judicial system, disproportionately affects African Americans, and does little to deter crime. While I acknowledge the moral argument for retribution, I believe government has a higher duty to fairness and equal protection under the law for all citizens.

Nevertheless, the Attorney General takes an oath to uphold the laws of the state of Maryland. Furthermore, the Attorney General is responsible for prosecuting all death penalty appeals, so as long as the death penalty is on the books, as the Attorney General, I would execute the office to the best of my ability and vigorously prosecute all death penalty appeals. Interestingly, in upholding the law, the Attorney General should use all its resources to keep Marylanders safe, and protected. Therefore, from policy, fiscal and pragmatic perspectives, the death penalty may detract from that goal.

The Attorney General is responsible for advising the General Assembly and the Governor on the best course of action regarding all legal matters. As the chief legal officer of the state, the Attorney General has a vested interest in a policy that is cost-effective and has the greatest chance of protecting every person in the state. Abolishing the death penalty frees up millions of taxpayer dollars to devote to better transparency, fairness and protection from threats of all kinds, including violent crime.

CARDIN & FROSH TANGO ON HOT-BUTTON ISSUES // SPEED CAMERAS ON THEIR RADAR: It appears that both Senator Frosh and Delegate Cardin agree that Maryland should repeal the death penalty this year. But that's not the only issue they agree on. Maryland Juice just noticed that both Frosh and Cardin are promoting laws to reign in abuses by speed camera manufacturers. State and local governments have been ramping up photo tickets during the recession, and numerous Marylanders have become irate at persistent news coverage indicating that camera manufacturers are reaping massive windfalls from false or erroroneous tickets. Check out the pair of dueling press reports below from WJLA and CBS News:
WJLA: A portion of each $40 speed camera ticket goes back to the vendor. It varies from jurisdiction to jurisdiction, but the distribution can be as much as 40 percent.... Driver Kim Naylor said, "I think it's a kickback. I think it's not good...and they shouldn't do it. That's how I feel about it." In fact, Maryland State Senator Brian Frosh says lawmakers never wanted the camera companies to get a per ticket bounty. But somehow cities are using a supposed loophole, and Frosh wants it to stop....
Ij response to the issue, Frosh is trying to prohibit speed camera manufacturers from receiving a commission for every ticket they issue a driver. Not to be outdone, here comes Delegate Jon Cardin on the same issue, but his proposal is to issue fines to camera manufacturers who issue erroneous tickets:
CBS NEWS: A state lawmaker proposes punishing speed camera companies for the giving out of bogus tickets after reports of camera glitches at a handful of Baltimore City cameras.

In response to complaints about speed camera accuracy, [Del. Jon Cardin] proposes each county be required to audit their speed camera system for errors, holding contractors accountable. He says each inaccurate ticket should result in a $1,000 fine.

Maryland Juice will try and keep tabs on other issue developments in the 2014 Attorney General Race. But up next, we will soon be releasing commentary from the field of candidates for 2014 Governor about the death penalty. More soon!

Tuesday, August 23, 2011

WARNING: Beltway Speed Cameras Begin Ticketing TODAY // Why That Stinks

UPDATE: We just noticed that it appears College Park is (not so ironically) using its speed camera revenues to install surveillance cameras in the city! At least we know our officials are clever -- they can leverage one "big brother" project for another. Will College Park end up like London?

Editor's Note: Former Del. Saqib Ali writes in the comments, "I introduced a bill entitled the 'Speed Camera Fairness Act' a few years ago that would remove the conflict of interest that I considered inherent in Montgomery County Police Department's contract. However, the bill garnered very little traction." I notice that the bill's Senate Sponsor, Mike Lenett, is also no longer in office. Hopefully, that doesn't end the chances for accountability with our speed camera practices.

WARNING TO AREA DRIVERS: Starting today, Maryland will begin photo enforcement on the Beltway. Fox 5 reported yesterday (the last day warning tickets were being issued):
We found one of the mobile, car-mounted cameras on the outer loop near New Hampshire Avenue flashing away on this last day drivers are getting just warnings - not the 40 dollar fine.
The new beltway speed cameras are only in construction zones. One is where a bridge deck rebuilding project has started over the Northwest Branch of the Anacostia River. The second beltway construction zone is a five mile repaving project on the inner loop through Prince George's county.