Trump Shows The Flaws Of NSA Surveillance

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Publish Date:
July 28, 2016
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Source:
The Atlantic
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Summary

On Wednesday, Leon Panetta, the former director of the CIA, declared on stage at the DNC that the Republican Party’s nominee is unfit for office. He was responding in part to news that Donald Trump “hoped Russian intelligence services had successfully hacked Hillary Clinton’s email, and encouraged them to publish whatever they may have stolen, essentially urging a foreign adversary to conduct cyber-espionage against a former secretary of state.”

For Panetta, that was unforgivable.

“Donald Trump today once again took Russia’s side,” he said. “He asked the Russians to interfere in American politics … It is inconceivable to me that any presidential candidate would be that irresponsible. I say this out of a firm concern for the future of my children and my grandchildren: Donald Trump cannot become our commander in chief. In an unstable world we cannot afford unstable leadership.”

Jennifer Granick set forth a specific accounting of weaknesses in NSA oversight.

“The president isn’t required to inform Congress or the PCLOB if she changes Executive Order 12333,” she explained. “She is not required by law to give Congress notice of or the opportunity to review new Presidential Policy Directives affecting surveillance. The FISA Court still has no role in supervising overseas spying, nor must the president inform Congress when she initiates new overseas spying programs. When Office of Legal Counsel opinions justifying surveillance proposals are written, Congress need not be told nor given a copy. If the DOJ changes minimization procedures or FBI guidelines, it is not required to inform Congress. Classification continues to get in the way of oversight. There is no punishment for people who violate the law at a president’s behest. And whistleblowers have less, not more, reason to believe they will be protected and not prosecuted.”

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