January 29, 2010

Osama bin Laden's secret weapon to destroy the world: Good advice

Osama bin Laden is speaking out against climate change:

"The effects of global warming have touched every continent. Drought and deserts are spreading, while from the other floods and hurricanes unseen before the previous decades have now become frequent," bin Laden said in the audiotape, aired on the Arab TV network Al-Jazeera.

The terror leader noted Washington's rejection of the Kyoto Protocol aimed at reducing greenhouse gases and painted the United States as in the thrall of major corporations that he said "are the true criminals against the global climate" and are to blame for the global economic crisis, driving "tens of millions into poverty and unemployment."

What a devilishly clever plan to destroy the world.

Bin Laden surely knows that if he rails against climate change, Americans will reflexively champion global warming. Temperatures will soar, decadent Western civilizations will bake and crumble and their parched ruins will be swept away by rising seas. The earth will be scourged by famine, pestilence, war, and plagues too numerous to name. At last, Bin Laden will seize his chance to usher in the medieval Caliphate of his dreams.

Don't let the bearded villain get away with it. Call your member of congress today and demand action on climate change.

January 28, 2010

Has the FBI seized the computers of the New Orleans 4?

Defenders of the operatives who tried to tamper with Sen. Mary Landrieu's phones point out that the men have not been formally accused of wiretapping. They have been accused of intending to maliciously tamper with the a federally owned phone system.

Wiretapping is one type of malicious tampering. It's also a much more serious and politically explosive charge than mere vandalism. So, as you'd expect, the suspects' lawyers are working overtime to counter suspicions of bugging or wiretapping.

Since the alleged tamperers were stopped before they reached the main phone cabinet, prosecutors are going to have to infer their intentions from other evidence. If you wanted to figure out whether someone intended to tap a phone or place a bug in an office, what would you look for?

The first step would be to analyze the equipment that the suspects brought with them. According to the affidavit that the two fake "repairmen" were wearing tool belts. So far, authorities haven't said what kind of tools they were carrying. It would also be nice to know more about that listening equipment that Stan Dai supposedly had with him in his car when he was arrested.

Perhaps the most revealing piece of evidence, in this day and age, would be the computers of the suspects. If you were going to bug someone's phone, you'd probably start Googling, or sourcing tools online. A sensible person might hesitate to do those searches on his or her own computer. But so far, these guys have proven themselves to be anything but sensible.

All four guys have been bailed out of jail. Let's hope the FBI has taken care to secure their home and work computers. Otherwise, they're probably home wiping their hard drives right now.

Step 1 Break phones; Step 2 ????; Step 3 Profit

The four conservative operatives arrested for maliciously tampering with Sen. Mary Landrieu's phones say that they just wanted to vandalize her phones, not surreptitiously monitor conversations:

Mystery solved? NBC is reporting that James O'Keefe and his three companions were carrying out a plan to gauge how the staff of Sen. Mary Landrieu would respond if their office phone system were disabled, following complaints by conservative constituents that anti-health reform calls were not getting through to the New Orleans office.

Republicans have slammed Landrieu in recent months over what they've dubbed the "new Louisiana Purchase" -- a reference to extra Medicare funding for the state she won in the Senate health care bill. And Rasmussen found just 34% of voters in the state, where tea partiers have targeted Landrieu for her support of reform, back the health plan. [TPMM]

The first hypothesis was that they were just "checking" the phones to make sure that they hadn't been disabled by evil Landrieu staffers bent on ignoring right wingers. When they first came into the office, the phony repairmen let James O'Keefe film them as they fiddled with the phone on Landrieu's reception desk. One guy made a big show of calling the desk phone and announced that he couldn't get through. Up until this point, I can imagine this scene in an O'Keefe expose: Our hero calls desk phone, it doesn't ring, therefore Mary Landrieu is ignoring conservatives.

But the "just checking" theory couldn't account for the fake repairmen's interest in the main phone cabinet, or the report that Stan Dai was arrested in a car near Landrieu's office with listening equipment.

So, the revised excuse is that they wanted to disable Landrieu's phone, just to see what she'd do.

What did they think she would do? The phone system goes down after they leave. Riveting television, right? Unless they planned to covertly monitor Landrieu's response from afar. O'Keefe has a thing for hidden cameras. That might explain why Dai was waiting in the car with reception and transmission equipment what the AP described as "a listening device that could pick up transmissions." 

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January 27, 2010

Wiretapping and/or covert recording at Landrieu's office

Defenders of the four men who admit they scammed their way into Sen. Mary Landrieu's office and tried to tamper with her telephone are claiming that the guys were just checking her phone system to make sure that she hadn't "done something" to her telephones to make it easier for her to ignore constituents who were calling to complain about her stance on health care reform. This technology does exist. We call it voicemail.

The affidavit doesn't specify exactly what James O'Keefe, Robert Flanagan, Joseph Basel, and Stan Dai intended to do with Mary Landrieu's federally-owned phone system. It just alleges that they planned on "maliciously interfering" with it. Bugging is a time honored way of interfering with the phones of politicians.

Robert Flanagan's lawyer swears up and down that his client wasn't trying to wiretap the phone. That's nice. He can say whatever he wants to the press. Let's see what he says in court. O'Keefe's lawyer won't say why his client was at the office, or whether he was working for someone else.

The affidavit is just the first step. It's a summary of the evidence the feds needed to arrest these guys. It's not even an indictment. The state's allegations will probably come into sharper focus later on.

When they first arrived, "repairmen" Basel and Flanagan played with the phone at the reception desk for a bit while O'Keefe filmed them on his cell phone. Basel called--or pretended to call--the reception phone with his cell. He announced that it didn't work.

Up until this point it seems like the guys might have been trying to expose Mary Landrieu's purportedly scandalous voicemail system. Riveting teevee for the over-80 set, I'm sure.

The phony repairmen headed for the main telephone cabinet, but they were stopped by a GSA employee who refused to believe the old "left our credentials in the truck" excuse.

What on earth were they looking for in the main cabinet? Anyone who could diagnose how Landrieu screens her calls by glancing in the main cabinet presumably knows enough about phones to place a wiretap.

A federal law enforcement official told the AP that Stan Dai was arrested in a car near Landrieu's office with electronic listening equipment. That equipment isn't mentioned in the affidavit. I called the US Attorney's office to ask why not, but they said they couldn't offer any further comment because the case is ongoing. 

Maybe the accused perps are the only ones who know what they intended to do with Landrieu's telephones. The thing is, they were busted before they could do much of anything.

The FBI agent already had more than enough evidence to charge the men: based on eyewitness accounts and their confessions. The affidavit was sworn just hours after the incident. You can't say more in an affidavit than you can swear to under oath. When the special agent signed the affidavit, law enforcement officials may not have examined the equipment closely enough to draw firm conclusions about how the suspects intended to use it.

Besides which, these four wouldn't be the first privileged, well-connected individuals to be charged with lesser crimes than the evidence against them would appear to support. Robert Flanagan's father is an acting U.S. Attorney in Shreveport. It would be much more politically embarrassing for him if his son was implicated in an attempted wiretapping of a Louisiana senator's office, as opposed to a dumbass right wing video stunt.

The affidavit indicates that the suspects confessed immediately. (Somehow, I doubt enhanced interrogation techniques were necessary.) The authorities may have rewarded them for their ready cooperation by not digging too deeply into their motives for spelunking in Landrieu's phone cabinet.

Just because the affidavit doesn't use the word "wiretapping" doesn't mean that the men aren't suspected of wiretapping. They're innocent of everything until proven guilty. But wiretapping seems like a more plausible motive for trying to get into the main phone cabinet than exposing suspicious call waiting practices.

January 26, 2010

Little (would-be) bugger Flanagan interned for Sen. Lamar Alexander, Rep. Mary Fallin

One of the four men arrested for allegedly trying to bug Mary Landrieu's office interned for Sen. Lamar Alexander (R-TN) in 2007, according to his LinkedIn profile. The following year, Robert Flanagan worked as a paid intern for Republican Rep. Mary Fallin of OK. His duties included "brief[ing] legislative staff on issues of national security and international relations." In the summer of 2008, Flanagan volunteered for Chris Gorman's campaign in Shreveport, LA.

As you may have read, Robert's father, William, is an acting U.S. Attorney based in Shreveport.

Like his co-accused James O'Keefe, Stan Dai, and Joseph Basel, Flanagan appears to be a well-connected movement conservative.

I'm reposting Robert Flanagan's LinkedIn profile below the fold.

(Original reporting, please credit Lindsay Beyerstein.]

Continue reading "Little (would-be) bugger Flanagan interned for Sen. Lamar Alexander, Rep. Mary Fallin" »

Is this the same Stan Dai arrested for trying to bug Mary Landrieu's office?

Stan Dai is one of the four men arrested with a failed attempt to bug Sen. Mary Landrieu's office.

I did some research. Ten bucks says this is the little (would-be) bugger:

STAN DAI, Lisle, Ill., attends The George Washington University majoring in Political Science. He is editor-in-chief of The GW Patriot, an alternative conservative student newspaper, a Club 100 Activist of Young America’s Foundation, and an Undergraduate Fellow on Terrorism of the Foundation for the Defense of the Democracies. He is co-founder of GW’s Students Defending Democracy, a volunteer on several political campaigns, and active in the GW College Republicans and GW Colonials for Life. He was a 2003 Honorable Mention in the U.S. Institute of Peace Essay Contest.

One Stan Dai was listed as the Assistant Director of the The Intelligence Community Center of Academic Excellence (ICCAE) at Trinity (Washington) University. The ICCAE says it prepares young people for careers in intelligence.

(Original reporting, please credit Lindsay Beyerstein.)

Update: Welcome, Politico readers. Many thanks to Laura Rozen for the link.

Continue reading "Is this the same Stan Dai arrested for trying to bug Mary Landrieu's office? " »

ACORN pimp's co-accused is the son of an acting U.S. Attorney (updated)

This just gets better and better. Main Justice reports that one of the men arrested along with conservative activist/pimp impersonator James O'Keefe in connection with the attempted bugging of Sen. Mary Landrieu's office is the son of an acting U.S. Attorney:

The son of acting U.S. Attorney for the Western District of Louisiana William J. Flanagan was arrested and charged with trying to interfere with phones at Sen. Mary Landrieu’s office in New Orleans.

Robert Flanagan, 24, along with conservative activist James O’Keefe, 25, and Joseph Basel, 24, and Stan Dai, 24 were charged with entering federal property under false pretenses for the purposes of committing a felony.

According to the Associated Press and The Hill, Flanagan is the son of William J. Flanagan, who is the acting head of the U.S. Attorney’s Office in Shreveport. O’Keefe was in the news last year for his part in making secret videos in several offices of the community organizing group ACORN (Association of Community Organizations for Reform Now).

Update: Beltway Confidential republished the affidavit of an FBI agent summarizing the evidence against Flanagan, Basel, O'Keefe, and Dai.

Update II: An unnamed federal official told the Associated Press that one of the suspects was picked up in a car full of listening equipment:

A federal law enforcement official said one of the suspects was picked up in a car a couple of blocks away with a listening device that could pick up transmissions. The official spoke on condition of anonymity because the information was not part of an FBI affidavit that described the circumstances of the case.

Anti-ACORN "pimp" O'Keefe arrested in attempted bugging of senator's office

James O'Keefe, the conservative filmmaker who dressed as a pimp to sting the activist group ACORN, has been arrested for allegedly assisting in the attempted wiretapping of the office of Democratic Sen. Mary Landrieu:

The FBI, alleging a plot to wiretap Democratic Sen. Mary Landrieu's office in downtown New Orleans, arrested four people Monday, including James O'Keefe, a conservative filmmaker whose undercover videos at ACORN field offices severely damaged the advocacy group's credibility.

FBI Special Agent Steven Rayes alleges that O'Keefe aided and abetted two others, Joseph Basel and Robert Flanagan, who dressed up as employees of a telephone company and attempted to interfere with the office's telephone system. [Times-Picayune]

Dworkin on the "appalling" Citizens United decision

Ronald Dworkin has a great essay about the Citizens United decision in the New York Review of Books. 

Here's a taste.

On the most generous understanding the decision displays the five justices’ instinctive favoritism of corporate interests. But some commentators, including The New York Times, have suggested a darker interpretation. The five justices may have assumed that allowing corporations to spend freely against candidates would favor Republicans; perhaps they overruled long-established laws and precedents out of partisan zeal. If so, their decision would stand beside the Court’s 2000 decision in Bush v. Gore as an unprincipled political act with terrible consequences for the nation.

We should notice not just the bad consequences of the decision, however, but the poor quality of the arguments Justice Kennedy offered to defend it. The conservative justices savaged canons of judicial restraint they themselves have long praised. Chief Justice Roberts takes every opportunity to repeat what he said, under oath, in his Senate nomination hearings: that the Supreme Court should avoid declaring any statute unconstitutional unless it cannot decide the case before it in any other way. Now consider how shamelessly he and the other Justices who voted with the majority ignored that constraint in their haste to declare the Act unconstitutional in time for the coming mid-term elections.

Read the rest here.

January 25, 2010

Strange Bedfellows: Why the AFL-CIO teamed up with Citizens United

In my latest piece for Working In These Times, I examine the AFL-CIO's decision to throw in its lot with the conservative Citizens United to challenge campaign finance restrictions on corporate political advertising by corporations. Prediction: This won't end well for labor.