Georgetown Security Law Brief

Senator seeks opinion used in al-Awlaki killing

02/09/12: The Atlanta Journal Constitution reports that a Democratic member of the Senate Intelligence Committee said Wednesday that he, like the public, is being kept in the dark about Justice Department legal advice on when the US may kill American citizens abroad who are suspected terrorists. Senator Ron Wyden of Oregon says he's been trying for more than a year to get the legal analysis from the intelligence community without success. He is renewing his request four months after American-born cleric Anwar al-Awlaki and a second American, Samir Khan, were killed by a CIA air strike in Yemen.

Congress passes FAA bill allowing drones in US

02/08/12: The Chicago Tribune reports that after five years of legislative struggling, 23 stopgap measures and a two-week shutdown of the Federal Aviation Administration, Congress finally has passed a bill aimed at prodding the nation's aviation system into a new high-tech era in which satellites are central to air traffic control and piloted planes share the skies with unmanned drones. The bill, which passed the Senate 75-20 Monday, speeds the nation's switch from radar to an air traffic control system based on GPS technology. It also requires the FAA to open US skies to drone flights within four years. 

Obama tightens Iran sanctions over bank deception

02/07/12: The Chicago Tribune reports that President Obama tightened sanctions on Iran another notch, the White House said on Monday, targeting its central bank and giving US banks new powers to freeze assets linked to the government. Obama's move, in an executive order he signed on Sunday, was the latest action in an escalating campaign to target the Central Bank of Iran, and was intended to close loopholes in existing sanctions Tehran has exploited. In a letter to Congress, Obama said Iranian banks were hiding transactions to undercut the financial sanctions the US and other powers have imposed in response to Iran's nuclear program.

Egyptian military delegation said to cancel meetings with US lawmakers

02/07/12: Bloomberg News reports that an Egyptian military delegation visiting Washington canceled talks with US Senators because the group was called home amid a dispute over charges against American pro-democracy workers, according to Senate aides. The generals were scheduled to meet as soon as yesterday with Senators including Carl Levin, a Michigan Democrat who heads the Senate Armed Services Committee, and John McCain of Arizona, the top Republican on the panel, according to two Senate aides familiar with the cancellation who spoke on condition of anonymity because they weren’t authorized to comment publicly.

Bigger US role against companies' cyberthreats?

02/06/12: Newsday reports that a developing Senate plan that would bolster the government's ability to regulate the computer security of companies that run critical industries is drawing strong opposition from businesses that say it goes too far and security experts who believe it should have even more teeth. Legislation set to come out in the days ahead is intended to ensure that computer systems running power plants and other essential parts of the country's infrastructure are protected from hackers, terrorists or other criminals. DHS would select which companies to regulate and would have the power to require better computer security.

Petraeus sticks to message during Congressional hearings

02/04/12: The Washington Post reports that in his first extended public appearance as as CIA director, David H. Petraeus this week did more than display his well-known discipline for staying on message. He did his best to bring other government voices back on message as well. After Defense Secretary Leon E. Panetta generated confusion with his remarks on plans for the US military drawdown in Afghanistan, Petraeus went into clean-up mode. “First of all, let me just say that I think the, quote, announcement . . . was more than a bit overanalyzed, shall we say,” Petraeus told the House Intelligence Committee. 

Senate panel approves potentially toughest penalty yet against Iran’s wallet

02/03/12: The New York Times reports that The Senate Banking Committee unanimously approved a new regimen of anti-Iran sanctions on Thursday that would for the first time threaten to punish the global financial telecommunications network that nearly all banks rely on to conduct their daily business. The legislation’s banking provision, aimed at forcing the telecommunications network to expel Iranian banks that have already been blacklisted, would be financially catastrophic for Iran if carried out fully, according to proponents and sanctions experts. Expulsion from the network would deny to Iran many billions of dollars in revenue from abroad that is routinely routed into its domestic banking system.

Lawmakers warn of outcry against Taliban transfer

02/02/12: Reuters reports that US lawmakers are steeling for a public battle against the possible transfer of Taliban detainees out of Guantanamo Bay prison, a key step in the Obama administration's bid to broker a peace deal ending the war in Afghanistan. Congressional opposition is gaining steam, especially among Republicans but also among some senior Democrats, to the potential transfer to Qatar of five senior Taliban prisoners, a good-faith move that could set the stage for eventual political talks between the Taliban and Afghan government.

Intelligence chief sees Al Qaeda likely to continue fragmenting

01/31/12: The New York Times reports that the nation’s top intelligence official said on Tuesday that continued pressure from the United States and its allies will likely reduce Al Qaeda’s core leadership in Pakistan to “largely symbolic importance” over the next two to three years as the terrorist organization fragments into more regionally focused groups and homegrown extremists. The assessment by the official, James R. Clapper, the director of national intelligence, was contained in prepared remarks to the Senate Intelligence Committee at the panel’s annual hearing to review global threats to the United States.

Commentary: Questions for the intelligence community

01/31/12: The Washington Post suggests that there are some questions that members of the Senate Select Committee on Intelligence should ask the heads of the intelligence community when the panel meets Tuesday morning for Congress’ first public assessment in 2012 of worldwide threats. Afghanistan is the only country where substantial numbers of US forces are fighting. President Obama and the NATO coalition have set 2014 as the date for all foreign combat forces to withdraw and the Afghan army and police to take over security responsibilities.

US Senators signal conditional support for lifting Burma sanctions

01/22/12: The Voice of America reports that the United States is ready to lift economic sanctions against Burma if the country’s civilian government presses ahead on political reforms including free and fair elections this April. The call was made by a visiting delegation of senior US senators, led by Senators John McCain and Joseph Lieberman, who made a stop in Bangkok on their way to Burma.  Before the United States makes a final decision, the senators said they will also look to democracy icon Aung San Suu Kyi.

Senate set to take up major cyber legislation

01/20/12: The Washington Post reports that Congress is moving closer to taking up comprehensive cybersecurity legislation, and a Senate aide confirmed this week that Majority Leader Harry Reid will bring a package to the floor before President’s Day. Meanwhile, eight former senior government officials sent a letter this week to Reid and Minority Leader Mitch McConnell, urging the Senate to approve legislation to better protect the nation’s critical computer networks from attack.  A senior aide to Reid, Tommy Ross, said that legislation could be on the floor as early as next week.

Obama attempts to outflank Congress in creating new defense strategy

01/08/12: The Washington Post reports that as President Obama stood on the podium in the Pentagon briefing room Thursday to outline the nation’s defense priorities, the military stood with him. Their primary audience was a few miles across the Potomac River — in Congress. By enlisting the military’s help in defining its strategic priorities, Obama has sought to ensure that he has the military’s support when his defense budget goes before Congress, including the committees led by some of his toughest Republican critics. Military leaders, in turn, now have reason to believe that Obama will not agree to more cuts.

Trial begins for Guantanamo protesters arrested in House gallery

01/03/12: The Blog of Legal Times reports that jury selection began this morning in a trial against protesters arrested inside the US House of Representatives gallery this summer while demonstrating against funding for the US detention camp at Guantanamo Bay. The original group of 14 defendants arrested during the June 23 demonstration was later whittled down to five people. All of the protesters are representing themselves at trial, although their attorney advisers are First Amendment law veterans Ann Wilcox and Mark Goldstone, both solo practitioners.

US ambassador leaves El Salvador after Senate vote

12/31/11: The Boston Globe reports that US Ambassador Mari Carmen Aponte is saying her goodbyes in El Salvador after Senate Republicans refused to ratify her in the post. Aponte has drawn fire for an editorial she wrote in a Salvadoran newspaper advocating acceptance of gays and lesbians, and long-standing rumors of past involvement with a man once believed linked to Cuban intelligence agencies. She has been serving under a recess appointment by President Barack Obama since September 2010.

House Democrat says Iranian regime will self-destruct

12/26/11: The Hill reports that a House Democrat is saying that, rather than confront Iran over its nuclear arms program, the US would be better served by letting the Iranian regime crumble from internal friction. Amid calls from Republicans and Democrats to pressure Tehran anew to halt the program with tougher economic sanctions or even a military strike, Rep. Jim Moran (D-Va.), a member of the House Appropriations subcommittee on Defense, told The Hill he is dismayed by what he called a growing drumbeat on Capitol Hill to use military force against Iran. Some analysts agree, but foreign policy experts are critical of the view. 

Congress puts spy world on money diet

12/17/11: The Boston Globe reports that Congress is putting the spy world on a diet by trimming back planned growth in staff and high-tech surveillance programs. Next year's budget stays roughly the same as this year, at just under $80 billion, and the bill doesn't cancel any programs. But the bill passed Friday nixes many planned new hires and denies extra funding requested to expand some existing big-ticket items like multibillion-dollar spy satellites. Congress left alone plans for more staff for cybersecurity and tracking terrorist finances.

Congress moves to restrict money for Egypt, Pakistan in foreign aid bill that avoids deep cuts

12/17/11: The Minneapolis Star Tribune reports that Congress would impose restrictions on aid to Egypt, Pakistan and the Palestinian Authority in a $53.3 billion bill that avoids the deep cuts in foreign assistance and State Department funding that Republicans had pursued this year. The legislation is part of a sweeping, $1 trillion-plus year-end spending package that provides money for 10 Cabinet agencies through September. The House passed the measure on Friday and the Senate is expected to vote sometime this weekend.

Congress clears $662 billion defense bill

12/16/11: ABC News reports that Congress passed a massive $662 billion defense bill Thursday after months of wrangling over how to handle captured terrorist suspects without violating Americans' constitutional rights. A last-minute compromise produced a truce but lawmakers said the fight's not over. The Senate voted 86-13 for the measure and will send it to President Barack Obama for his signature. The bill would authorize money for military personnel, weapons systems, the wars in Afghanistan and Iraq and national security programs in the Energy Department for the fiscal year beginning October 1.

Congress authorizes Pentagon to wage internet war

12/15/11: Wired reports that the ancient art of war is coming to the internet. The House and Senate agreed to give the US military the power to conduct “offensive” strikes online — including clandestine attacks, via a little-noticed provision in the military’s 2012 funding bill. The power, which was included in the House version but not the Senate version, was included in the final “reconciled” bill that is all but guaranteed to pass into law.

House and Senate agree on Pentagon cuts

12/14/11: The Washington Post reports that House and Senate conferees agreed on $662.4 billion for the fiscal 2012 defense authorization bill, about $26.6 billion below the president’s original request, reflecting the level of reductions in national security spending required under August’s budget agreement. Almost all the cuts were made in the Pentagon’s core budget, with only $2.3 billion coming out of funds for Afghanistan and Iraq, and $1.2 billion from the nuclear weapons program.

Lawmakers freeze $700 million to Pakistan, ties strained

12/13/11: The New York Times reports that a Congressional panel has frozen $700 million in aid to Pakistan until it gives assurances it is helping fight the spread of homemade bombs in the region, a move one Pakistani senator called unwise and likely to strain ties further.  Pakistan is one of the largest recipients of US foreign aid and the cutback announced is only a small proportion of the billions in civil and military assistance it gets each year.  But it could presage even greater cuts.

Pentagon program to limit the threat of roadside bombs faces budget cut

12/11/11: The Washington Post reports that budget hawks may cut back a five-year-old Pentagon program aimed at curbing casualties from the crude roadside bombs known as IEDs, a leading threat to US troops in Afghanistan. The Senate Armed Services Committee has proposed trimming $265 million from the Pentagon’s $3.2 billion budget for the program. The Government Accountability Office and some think tanks have said it’s duplicative, raising questions about the long-term viability of the program.

Passenger advocate sought for US airports

12/11/11: The Boston Globe reports that two New York lawmakers are seeking a so-called passenger advocate at airports to immediately act on complaints from passengers about security screenings. US Senator Charles Schumer and state Senator Michael Gianaris are calling on the Transportation Security Administration to create the position at all airports. The proposal was prompted by recent claims that an elderly woman was strip searched by security officials at Kennedy Airport. The TSA denies the claim.The TSA says it doesn't conduct strip searches. It is planning its own toll-free hotline to assist passengers during screening.

Pentagon wins $5 billion budget increase

12/10/11: The Sacramento Bee reports that Congressional negotiators have tentatively settled on a relatively small, $5 billion increase for the Pentagon's non-war budget as a mammoth spending bill takes shape behind closed doors on Capitol Hill. That's a 1 percent increase that would give the Pentagon $518 billion to cover everything except direct war spending. The measure would also cut President Barack Obama's budget request for Afghanistan's security forces, as well as the amount he sought for special vehicles that are resistant to roadside bombs.

House Homeland Security Committee reports that Islamists are targeting the military

12/08/11: The Investigative Project on Terrorism reports that since the United States was attacked on 9/11, more than 2.3 million Americans have volunteered to go overseas to combat terror. But according to a new investigative report issued Wednesday by the Republican staff of the House Homeland Security Committee, overseas jihadists in Afghanistan and Iraq have plenty of company when it comes to trying to kill American soldiers. According to the report, the Defense Department considers the US homeland to be "the most dangerous place for a GI outside of foreign warzones," and the top threat faced by American soldiers at home "is from violent Islamist extremists." These radicals are penetrating US defenses by enlisting in the US armed forces.

A speed bump for Pentagon’s information ops

12/06/11: The Washington Post reports that the Senate Armed Services Committee has asked Defense Secretary Leon Panetta to assess the effectiveness of a series of news and information Web sites that have been initiated by US Special Operations Command (SOCOM) in recent years in a bid to counter extremist messaging. The so-called “influence Web sites” are maintained by various overseas commands and operated by defense contractors. For fiscal 2012, SOCOM sought $22.6 million in the Overseas Contingency Operations account — primarily intended to fund the wars in Afghanistan and Iraq — for the initiative.

Scholarship: Material witness detentions after al-Kidd

11/17/11: Wes Oliver, of the Widener University School of Law will publish an article, “Material Witness Detentions After al-Kidd,” in the forthcoming issue of the Kentucky Law Journal. Oliver contends that the Supreme Court’s decision in Ashcroft v. al-Kidd, holding that the government may arrest a person under the Material Witness Statute even if it is interested in prosecuting the witness, raises concerns beyond the scope of the narrow question before the Court. Oliver argues that if the government’s real interest is bringing a case against the witness, the government will be far less circumspect in its decision to seek an arrest warrant for the witness and will not have an incentive to hold the witness in the least restrictive conditions. Therefore, Congress must establish clearer criteria for the arrest and treatment of material witnesses. HT to Robert Chesney.

Congress continues to demand FBI disclose information concerning possible link between Sarasota family and 9/11 attacks

11/11/11: The Miami Herald Tribune reports that in September, news about a previously unknown FBI investigation into possible ties between 9/11 hijackers and a Saudi family living near Sarasota led the agency to deny there was any connection and assert that it made all of its files available to congressional investigators a decade ago. But two months later, the FBI has been unable or unwilling to substantiate that it disclosed any information regarding its Sarasota investigation to Congress, says former Florida US Senator Bob Graham, who co-chaired Congress’s bipartisan joint inquiry into the terrorist attacks.

Some in Congress balk at arms sale to Turkey

11/05/11: The Washington Post reports that time may not be on their side, but some members of Congress are still trying to make the Pentagon sweat over a proposed weapons sale to Turkey. Representatives Shelley Berkely (D-Nev.) and Eliot Engel (D-NY) have introduced a bill that seeks to block the Defense Department from selling three AH-1W Super Cobra attack helicopters to Turkey. The lawmakers said they want to scuttle the deal because they’re unhappy with Turkey for not getting along better with three neighbors: Israel, Armenia and Cyprus. 

Senator pushes for last word on Bush-era war briefings

11/04/11: The Washington Times reports that the chairman of the Senate Armed Services Committee is intervening with a Pentagon investigator to influence the final wording of a report that exonerates George W. Bush-era officials who gave war briefings to retired military TV and radio commentators. Senator Carl Levin, Michigan Democrat, has tried for three years to convince federal investigators that the briefing program violated government rules and that some of the retired officers turned analysts received preferential treatment for Pentagon contracts.

Senate panel told women's rights tenuous despite Arab Spring

11/03/11: CNN reports that US State Department officials told a Senate Foreign Relations subcommittee Wednesday that as portions of the Arab world struggle to extinguish decades of oppression and dictorial rule, the rights and opportunities for women in these societies stand at a delicate precipice. "This is not a favor to women, it is not simply a nice thing to do," Melanne Verveer, Ambassador-at-Large for Global Women's Issues, said at a hearing called to examine the role of women in the aftermath of the Arab Spring. "No country can get ahead when it leaves half of its people behind." 

House members question TSA's cargo screening

11/02/11: CNN reports that several House lawmakers want to know if the Transportation Security Administration is backtracking on plans to screen 100% of cargo placed on international passenger flights to the United States. In a letter to TSA Administrator John Pistole, the representatives said a 2007 law requires screening of all US-bound air cargo, but recent TSA statements to the media raise questions about the agency's intentions to fully implement the law.

Lawmakers press US officials to put Palestinians released in Israeli swap on terror list

10/29/11: The Minneapolis Star Tribune reports that  a bipartisan group of lawmakers is asking FBI Director Robert Mueller and Secretary of State Hillary Rodham Clinton to put Palestinians released from prison in a swap for an Israeli soldier on the terrorist watch list. In a letter this week to Mueller and Clinton, the lawmakers said the Palestinians who were convicted on various terrorism charges should not be allowed to enter the United States.

Three lawmakers propose cutting contractor wages

10/19/11: The New York Times reports that already facing the prospect of losing billions of dollars in revenue from cuts in government spending, federal contractors could also see limits on how much they can be paid in salary with federal funds. Several lawmakers are asking the special debt-reduction committee to consider curbing the federal wages paid to top employees of government contractors to make them comparable with the salaries of federal employees. Currently, the top five employees of a company can be paid up to nearly $700,000 a year each in salary, bonuses and deferred compensation.

Lawmakers suggest treating drug cartels as terrorist organizations

10/14/11: The Washington Times reports that lawmakers say it is time to treat Latin American drug cartels like terrorist organizations, highlighting alarm about possible links between the two kinds of groups after Iran's alleged efforts to recruit drug lords to kill a Saudi diplomat in Washington. “We must stop looking at the drug cartels today solely from a law- enforcement perspective,” said Representative Ileana Ros-Lehtinen, Florida Republican and chairwoman of the House Foreign Affairs Committee.

Top general opens door for F-35 fighter jet cuts

10/13/11: CBS News reports that Army Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff, says developing and building three variants of the high-tech fighter creates fiscal challenges for the department. He is telling the House Armed Services Committee that he is committed to developing a new, fifth-generation fighter. But he is questioning whether the US can afford separate versions for the Air Force, Navy and Marine Corps.

US lawmakers demand action over alleged China cyber attacks

10/05/11: The Los Angeles Times reports that a chorus of congressional lawmakers is demanding that the Obama administration respond to what US intelligence agencies say is an aggressive Chinese campaign of cyber attacks designed to steal commercial and defense secrets from US companies.  At a hearing Tuesday, Rep. Mike Rogers, a Michigan Republican who chairs the House Intelligence Committee, accused the Chinese government of engaging in a "predatory" policy of cyber theft.

Hayden urges Congress to let NSA monitor public networks for threats

10/05/11: Wired reports that former NSA and CIA director Michael Hayden revived a controversial theme on Tuesday when he urged Congress to allow his former agency to monitor public networks in order to defend against malicious activity coming from nation states and others.  “We’ve got capability on the sidelines wanting policy guidance,” he told the House Intelligence Committee, referring to the NSA. “And when we can enrich that guidance and get them in the field, the better — the safer — we are.”

Opinion: No need to override system of justice for terror suspects

10/03/11: The Detroit Free Press features an opinion piece by Col. Lawrence Wilkerson (US Army Ret.), a member of the Constitution Project's Liberty and Security Committee and former Chief of Staff to Secretary of State Colin Powell.  Wilkerson discusses two provisions in a major defense authorization measure, which would require military custody of certain terrorism suspects, regardless of their place of capture, and formalize a system of indefinite detention for terrorism suspects, including suspected US citizens.   

Obama faces hurdles in aiding Arab Spring countries

09/25/11: The Washington Post reports that although President Obama has vowed to support the democratic transitions in the Arab world with greater trade and investment, his effort to back up that promise has run into hurdles in Washington and the Middle East. Congress still hasn’t passed two programs Obama announced in May to help the emerging Arab democracies: economic development funds and a $1 billion debt relief package for Egypt.

Senator says OnStar invades privacy of ex-customers; OnStar says privacy honored

09/25/11: The Chicago Tribune reports that US Senator Charles Schumer of New York is calling on OnStar to stop what he bills a blatant invasion of privacy: the company’s maintenance of a two-way connection with a customer even after service is discontinued. Schumer is asking the Federal Trade Commission to investigate. But OnStar says former customers can stop the two-way transmission, and no driving data of customers has been shared or sold.

Homeland security chief says disaster aid fund ‘running on fumes,’ could be empty next week

09/22/11: The Washington Post reports that Homeland Security Secretary Janet Napolitano says the government’s main disaster aid account is “running on fumes” and could be tapped out by early next week. Napolitano says she’s counting on Congress to provide more aid money because without the additional relief dollars, there will be delays in getting disaster projects approved. She wouldn’t say what arrangements the Federal Emergency Management Agency has made to prepare in the event the money runs out.

Top Pentagon leaders face questions on Pakistan, Afghanistan, Iraq from skeptical Congress

09/22/11: The Minneapolis Star Tribune reports that the Obama administration is on an increasingly uncertain path in Pakistan. Islamabad's suspected ties to Taliban and al-Qaida-linked militants risk drawing the US deeper into conflict in that nuclear-armed nation. The Pakistan problem is certain to surface Thursday when Defense Secretary Leon Panetta and Admiral Mike Mullen, the soon-to-retire chairman of the Joint Chiefs of Staff, testify at a Senate hearing billed as an examination of administration exit strategies for Iraq and Afghanistan.

Public said to be misled on use of the Patriot Act

09/22/11: The New York Times reports that two United States senators on the Senate Intelligence Committee have accused the Justice Department of making misleading statements about the legal justification of secret domestic surveillance activities that the government is apparently carrying out under the Patriot Act. The lawmakers — Ron Wyden of Oregon and Mark Udall of Colorado — sent a letter to Attorney General Eric H. Holder Jr. calling for him to “correct the public record” and to ensure that future department statements about the authority the government believes is conveyed by the surveillance law would not be misleading.

CRS examines congressional authority to limit military operations

09/15/11: Secrecy News notes that a new report from the Congressional Research Service discusses the authority of the President to use military force without congressional authorization and the ability of Congress to limit or regulate such use. At issue are the scope and priority of basic constitutional terms, including the definition of the President’s role as commander in chief, the authority of Congress to declare war, and its ability to appropriate or to withhold funds for military operations.

Administration rebuffs Wyden, Udall on surveillance query

07/27/11: The Washington Post reports that the Obama administration has continued to resist the efforts of two Democratic senators to learn more about the government’s interpretation of domestic surveillance law, stating that “it is not reasonably possible” to identify the number of Americans whose communications may have been monitored under the statute. In a letter to Sens. Ron Wyden (D-Ore.) and Mark Udall (D-Colo.), Kathleen Turner, director of legislative affairs for the Office of the Director of National Intelligence, also said that a joint oversight team “has not found indications of any intentional or willful attempts to violate or circumvent” the Foreign Intelligence Surveillance Act or FISA, which was amended in 2008.

Obama signs 2-year extension to Mueller's FBI tenure

07/27/11: CNN reports that President Barack Obama has signed into law Tuesday legislation creating a new two-year term for FBI Director Robert Mueller beginning on August 3. The House late Monday approved the legislation allowing a special term designed to keep Mueller in his post until 2013. His 10-year term expires August 2, but Obama asked Mueller to stay on to provide continuity for the White House national security team.

Administration defends terror prosecution decision

07/26/11: The Sacramento Bee reports that Prosecuting a suspected Somali terrorist in a US civilian court is in the best interest of the country's national security, the Obama administration said Tuesday, pushing back against Republicans who have challenged the government's decision to use civilian courts to try terrorists. In a letter to more than 40 Republican senators, officials said they reviewed the case and came to a unanimous decision to try Ahmed Abdulkadir Warsame in a federal court. He was captured by US military officials in April and questioned by intelligence officials for two months aboard a Navy warship. He was later indicted by a grand jury in the Southern District of New York, in lieu of a military trial.

Guns at Mexican crime scenes linked to US sting

07/26/11: The New York Times reports that Congressional investigators examining a gun-trafficking sting investigation known as Operation Fast and Furious have identified 122 weapons linked to the operation that have been recovered at crime scenes in Mexico, according to a report they are expected to release Tuesday.