NCTC's disposition matrix - the eye of sauron

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The creepiest aspect of this development is the christening of a new Orwellian euphemism for due-process-free presidential assassinations: "disposition matrix". Writes Miller:

"Over the past two years, the Obama administration has been secretly developing a new blueprint for pursuing terrorists, a next-generation targeting list called the 'disposition matrix'.

"The matrix contains the names of terrorism suspects arrayed against an accounting of the resources being marshaled to track them down, including sealed indictments and clandestine operations. US officials said the database is designed to go beyond existing kill lists, mapping plans for the 'disposition' of suspects beyond the reach of American drones."

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The "disposition matrix" has been developed and will be overseen by the National Counterterrorism Center (NCTC). One of its purposes is "to augment" the "separate but overlapping kill lists" maintained by the CIA and the Pentagon: to serve, in other words, as the centralized clearinghouse for determining who will be executed without due process based upon how one fits into the executive branch's "matrix". As Miller describes it, it is "a single, continually evolving database" which includes "biographies, locations, known associates and affiliated organizations" as well as "strategies for taking targets down, including extradition requests, capture operations and drone patrols". This analytical system that determines people's "disposition" will undoubtedly be kept completely secret; Marcy Wheeler sardonically said that she was "looking forward to the government's arguments explaining why it won't release the disposition matrix to ACLU under FOIA".
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The central role played by the NCTC in determining who should be killed – "It is the keeper of the criteria," says one official to the Post – is, by itself, rather odious. As Kade Crockford of the ACLU of Massachusetts noted in response to this story, the ACLU has long warned that the real purpose of the NCTC – despite its nominal focus on terrorism - is the "massive, secretive data collection and mining of trillions of points of data about most people in the United States".

In particular, the NCTC operates a gigantic data-mining operation, in which all sorts of information about innocent Americans is systematically monitored, stored, and analyzed. This includes "records from law enforcement investigations, health information, employment history, travel and student records" – "literally anything the government collects would be fair game". In other words, the NCTC - now vested with the power to determine the proper "disposition" of terrorist suspects - is the same agency that is at the center of the ubiquitous, unaccountable surveillance state aimed at American citizens.
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A Senate proposal touted as protecting Americans' e-mail privacy has been quietly rewritten, giving government agencies more surveillance power than they possess under current law.

CNET has learned that Patrick Leahy, the influential Democratic chairman of the Senate Judiciary committee, has dramatically reshaped his legislation in response to law enforcement concerns. A vote on his bill, which now authorizes warrantless access to Americans' e-mail, is scheduled for next week.

Revised bill highlights

• Grants warrantless access to Americans' electronic correspondence to over 22 federal agencies. Only a subpoena is required, not a search warrant signed by a judge based on probable cause.
• Permits state and local law enforcement to warrantlessly access Americans' correspondence stored on systems not offered "to the public," including university networks.
• Authorizes any law enforcement agency to access accounts without a warrant -- or subsequent court review -- if they claim "emergency" situations exist.
• Says providers "shall notify" law enforcement in advance of any plans to tell their customers that they've been the target of a warrant, order, or subpoena.
• Delays notification of customers whose accounts have been accessed from 3 days to "10 business days." This notification can be postponed by up to 360 days.

Leahy's rewritten bill would allow more than 22 agencies -- including the Securities and Exchange Commission and the Federal Communications Commission -- to access Americans' e-mail, Google Docs files, Facebook wall posts, and Twitter direct messages without a search warrant. It also would give the FBI and Homeland Security more authority, in some circumstances, to gain full access to Internet accounts without notifying either the owner or a judge.
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benjamen said:

Why can't we use one of these for all crimes, instead of just terrorists. Imagine how much easier it would be to use one of these to decide drug cases here in the U.S. instead of that slow, outdated court system of ours.

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rblong2us said:

Hope you are being sarcastic Benjamen

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A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.

The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects, including those aimed at American citizens, such as the September 2011 strike in Yemen that killed alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Both were U.S. citizens who had never been indicted by the U.S. government nor charged with any crimes.
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As in Holder’s speech, the confidential memo lays out a three-part test that would make targeted killings of American lawful: In addition to the suspect being an imminent threat, capture of the target must be “infeasible, and the strike must be conducted according to “law of war principles.” But the memo elaborates on some of these factors in ways that go beyond what the attorney general said publicly. ...
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Although not an official legal memo, the white paper was represented by administration officials as a policy document that closely mirrors the arguments of classified memos on targeted killings by the Justice Department’s Office of Legal Counsel, which provides authoritative legal advice to the president and all executive branch agencies. The administration has refused to turn over to Congress or release those memos publicly -- or even publicly confirm their existence. A source with access to the white paper, which is not classified, provided a copy to NBC News.

“This is a chilling document,” said Jameel Jaffer, deputy legal director of the ACLU, which is suing to obtain administration memos about the targeted killing of Americans. “Basically, it argues that the government has the right to carry out the extrajudicial killing of an American citizen. … It recognizes some limits on the authority it sets out, but the limits are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”

In particular, Jaffer said, the memo “redefines the word imminence in a way that deprives the word of its ordinary meaning.”
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A bipartisan group of 11 senators is appealing directly to President Barack Obama to give lawmakers his administration's legal justification for using armed drones or other counterterrorism operations to kill American citizens.

The eight Democrats and three Republicans are also making a not-so-veiled threat that the nominations of officials like CIA director-designate John Brennan and perhaps even Defense Secretary-designate Chuck Hagel could be held up if Obama doesn't fork over the classified memos.

"We ask that you direct the Justice Department to provide Congress, specifically the Judiciary and Intelligence Committees, with any and all legal opinions that lay out the executive branch's official understanding of the President's authority to deliberately kill American citizens," the 11 senators wrote in a letter sent to Obama Monday (and posted here). "The executive branch's cooperation on this matter will help avoid an unnecessary confrontation that could affect the Senate's consideration of nominees for national security positions."
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Wyden signaled a few weeks ago, in another letter, that he intends to make the legal issues surrounding the use of lethal force against Americans a central issue at Brennan's confirmation hearing. That hearing is now set for Thursday afternoon.
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