1. The Surveillance Speech: A Low Point in Barack Obama's Presidency
CONOR FRIEDERSDORF   

2. Obama and Leaks
Obama and Leaks Obama is deeply frustrated by leaks of classified information (by Snowden and others). He believes it has undermined his ability to make good on his promise to reform domestic surveillance programs operate.

3. Obama and Leaks
Obama Speech: Excerpts “... I called for a review of our surveillance programs. Unfortunately, rather than an orderly and lawful process to debate these issues and come up with appropriate reforms, repeated leaks of classified information have initiated the debate in a very passionate but not always fully informed way.” Friedersdorf’s Response: “But Obama has always had it within his power to initiate a fully informed debate.”

4. Obama and Leaks
Obama Speech: Excerpts “I'm also mindful of how these issues are viewed overseas because American leadership around the world depends upon the example of American democracy and American openness, because what makes us different from other countries is not simply our ability to secure our nation.” Friedersdorf’s Response: “But his surveillance politics and policy, whatever one thinks of it, has never been characterized by open debate.”

5. Obama and Leaks
Obama Speech: Excerpts “I will work with Congress to pursue appropriate reforms to Section 215 of the Patriot Act, the program that collects telephone records. As I've said, this program is an important tool in our effort to disrupt terrorist plots, and it does not allow the government to listen to any phone calls without a warrant.”

6. Obama and Leaks
Friedersdorf’s Response: “It's true that Section 215 of the Patriot Act doesn't allow government "to listen to any phone calls without a warrant" -- and also true (for complicated reasons involving a variety of provisions, including Section 702, and much dubious wordplay) that the government does listen to the phone calls of innocent Americans who are not suspected of terrorism…”

7. Section 702: FISA Amendment Act (2008)
Obama and Leaks
Section 702: FISA Amendment Act (2008)
“Section 702 is a surveillance authority passed as part of the FISA Amendments Act in That law amended the Foreign Intelligence Surveillance Act of 1978.” It authorized the “collection of foreign intelligence from non-Americans located outside the United States.”*
Is Section 702 effectively a “General Warrant”?
General Warrants are warrants that historically were used to authorize broad, and undefined searches of unspecific locations or people. *

8. Obama and Leaks
Obama Speech: Excerpts “If the concern was that somehow this was the only way to get this information out to the public, I signed an executive order well before Mr. Snowden leaked this information that provided whistle-blower protection to the intelligence community for the first time.” Friedersdorf’s Response: “And the Obama Administration has zealously persecuted a number of national security whistleblowers. I've yet to hear any whistleblower assert that Snowden could have dealt with this internally. Even the senators who thought Americans' rights were being violated could do little to stop it.”

9. Obama and Leaks
Obama Speech: Excerpts “... If you look at the reports, even the disclosures that Mr. Snowden's put forward, all the stories that have been written, what you're not reading about is the government actually abusing these programs and, you know, listening in on people's phone calls or inappropriately reading people's s.” Friedersdorf’s Response: “The act of collecting and storing the private information of tens of millions of innocent Americans, as well as whatever you want from everyone else on earth, is itself an abuse of power.”

10. Obama and Leaks
Friedersdorf’s Response: There Have Been Abuses “A 2011 FISC court ruling had concluded that some of the NSA's surveillance programs had violated sections of the Foreign Intelligence Surveillance Act, or FISA, a law aimed at protecting American citizens from surveillance programs targeted at foreigners.”

11. Obama and Leaks
Obama Evolution on Domestic Surveillance As a Senator, Obama supported several pieces of legislation in 2005, 2007 and 2008 that would have strictly limited the government’s ability to collect and capture the communications of US citizens.

12. New Presidential Power
Examples of New Presidential Power: 1) Military tribunals 2) Secret detentions 3) Aggressive interrogations 4) Warrant-less electronic surveillance

13. Example of Presidential Power: Addington
Cheney, and his Chief of Staff: At Center of Presidential Power
David Addington force behind signing statements. (750 by 2006, more than another other president) (2)
Addington: Biography: “Rumpled Bureaucrat… crossed with CIA Spook”
He is a little known (“outside inner sanctums of CIA, Pentagon and State Dept”) ultra-conservative lawyer who now runs VP Cheney’s office.
“He is the most powerful person no one has ever heard of.”

14. Example of Presidential Power: Addington
Addington’s Background: -Duke Law -Lawyer at CIA -House Intelligence Committee and Foreign Affairs (met Cheney, then a Wyoming Congressman) Bush’s War:

15. Example of Presidential Power: Addington
Addington’s Work: Hand in Everything: He is the Invisible Hand Addington’s Work: Niger Yellow Cake Story Valerie Plane: Attack on Joe Wilson

16. Friends and Foe
Addington Supporters This is a new war which demands new policy. New policy frequently comes under attack… Addington is… a great lawyer, a serious consumer of information very detailed-oriented Addington’s Critics He is such an effective bureaucrat because he is an intellectual bully, and skilled infighter.

17. Addington and Cheney
Next Battlefield Addington– carries around copy of the Const…the joke is he only sees Article II. Addington and Cheney in Congress in 1980s: Protect Pres. Power Cheney and Addington worked together in Congress in 1980s to protect presidential power. Congressional restriction on aid to Contras was an unconstitutional restriction on presidential power… Addington, Cheney and Bush I Addington becomes special assistant to Cheney, when latter became Sec. of Defense.

18. Unitary Executive Theory
Guide Stars: Unitary Executive Theory: “President is solely in charge of the executive branch and that Congress…can’t tell pres. to carry out his executive functions…whom to pick for what jobs… Addington’s Philosophy -expanded executive power -separation of powers -tight chair of command -unitary president …bottom line: protect executive power, even if you lose policy debate.

19. Addington and George W. Bush
Addington and Bush Administration: 9/11 Return of the Neo-Cons: They want centralization of govt, they want control (ex: Addington had tried to control JAG under Bush I) Addington Power: Rose with Cheney Ascendant Addington acquires a lot of power under Bush admin. after 9/11. as Cheney became power center in the administration.

20. Addington and 9/11
Grab Bag (5) Addington treated post-9/11 situation as a grab bag… Tough Guys: 9/11 White House made three (3) crucial decisions after 9/11: 1) Keep Congress out of the Loop 2) Interpret law as narrowly as possible 3) Confine decisions-making to small, trusted group.

21. Bush’s War
Bush’s War: Cheney’s Law