Author Archives: Michael Froomkin

14.9 Minutes Left

CNN interviewed me for more than 20 minutes. According to the transcript of 'Paula Zahn Now' this is what survived:

MESERVE: The prospect of more surveillance and interlocking systems puts privacy experts on edge. They worry about whether information and some of those intimate images will be recorded, archived, searched and shared.

A. MICHAEL FROOMKIN, UNIVERSITY OF MIAMI LAW SCHOOL: Are those tapes ever going to leak? How secure are they going to be? Are they going to be encrypted? Who's going to have access to the tapes? Are they going to be passing them around for office parties?

Could have been worse.

Posted in Law: Privacy, The Media | Comments Off on 14.9 Minutes Left

Fafblog Boils It Down to the Essentials

After a fallow period, Fafblog! is back in full fettle:

All of us love freedom, and all of us want to protect freedom, and surely to protect freedom it was necessary to tie Abed Hamed Mowhoush in a sleeping bag and an electrical cord, and surely to secure our basic liberties it was essential to beat him with a club and a length of rubber hose, and certainly it was vital to the preservation of our way of life to bludgeon him to death over a period of days in an interrogation room, just as it is critical to keep these and other methods of torture legal at all costs. But why, if the deed was just – and it can't not have been just – did the Army and the CIA cover up the murder, classify the autopsy, put out a whitewashed account for the press? Why do they continue to deny to this day what we know to be true, what the president's actions defend as the truth: that torture is the official policy of the United States?

Is it some foul act of self-sabotage or some perverse modesty that causes the Pentagon, the CIA and the White House to cravenly hide behind their underlings instead of triumphantly claiming the 2005 Golden Mengele for themselves? Whatever the explanation, George Bush and his administration are shortchanging themselves and the millions of Americans who deserve to know exactly how these men have been proudly protecting and defending their values. Don't be shy, gentlemen, Mr. Secretary, Mr. President. These corpses are all yours.

Posted in Torture | 3 Comments

DeFede’s Tale

Via Romanesko at Poynter, Jim DeFede writes about his final conversation with Art Teele, and his sudden firing by the Herald.

The article ran in the Miami Times, a local and rather ideosyncratic newspaper aimed at the black community.

(Unflattering June, 2005, Miami New Times article on the Miami Times.)

Posted in Miami | Comments Off on DeFede’s Tale

Another Soldier Who Deserves a Medal

More information about how the torture-murder of Iraqi Gen. Mowhoush came to light — and the context in which it ocurred. Utah GI exposed abuses at prison. His reports were brushed off until fellow Utahn stepped in:

The Army captain appeared confused. “You’re using ‘sledgehammer’ figuratively?” he asked the enlisted soldier sitting before him.

“No sir,” the soldier replied, lifting his hands about 15 inches apart. “The handle of a sledgehammer, about this big . . . to assault the detainees with.”

For Sgt. 1st Class Michael Pratt it would have been far easier to look away.

(spotted via Amygdala, How Sgt. 1ST Class Michael Pratt blew the whistle)

Continue reading

Posted in Torture | 2 Comments

The Sleeping Giant Starts to Stir?

The American public is a sleeping giant. Most of the time life is good, and it doesn’t worry about politics. Or life is busy and it doesn’t worry about politics. It can be very hard to get its attention. But when it does focus, it focuses hard.

Could the sleeping giant be about to wake on issues like Guantanamo and Padilla?

Poll on Court Cites Detainee Rights as Concern: Americans seem as interested in the Supreme Court’s approach to the rights of detained terrorists as they are in abortion, according to polling released yesterday. Both are considered very important issues facing the high court.

“This important question of the trade-off of civil liberties and protection is one the public takes very seriously,” said Andrew Kohut, director of the Pew Research Center. “The public has been reminded recently of the ongoing threat of terrorism and what we should or should not have to sacrifice for our safety.” He did note that, until now, the question of detainees’ rights “has not been one of the issues at the forefront of debate about the Supreme Court.

Wouldn’t be the first time that the public was ahead of the media and the inside-the-beltway crowd.

Posted in Civil Liberties | Comments Off on The Sleeping Giant Starts to Stir?

Gullible Media

NiemanWatchdog.org — Dan Froomkin, Deputy Editor — has two new items that dare ask if the media is being too gullible when it comes to the Bush administration line on the war in Iraq.

Gen. William E. Odom, a former director of the National Security Agency, writes:

If I were a journalist, I would list all the arguments that you hear against pulling U.S. troops out of Iraq, the horrible things that people say would happen, and then ask: Aren't they happening already? Would a pullout really make things worse? Maybe it would make things better.

Odom argues that we already have civil war, loss of U.S. credibility and lack of support for the troops. He concludes:

The wisest course for journalists might be to begin sustained investigations of why leading Democrats have failed so miserably to challenge the US occupation of Iraq.

Norman Solomon, media critic and author of the new book, “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death,” asks whether the administration's sudden talk of partial withdrawals has any credibility or whether it's just a feint aimed at the 2006 elections.

Like, you have to ask? Or worse, you need a foundation to get reporters to ask?

It's surely a measure of the alternate reality we inhabit — or that the US is finally being punished for the sins of the early colonists against Native Americans — that the first appearance of questions like these in a outer-circle-of-the-mainstream site like NiemanWatchdog.org is a sign of progress. In any healthy democracy we'd all have been talking about whether and how to pull out of Iraq since the last Democratic convention. And no one would believe anything the administration says about foreign policy (or the environment).

For the record, though, I do believe Bush sometimes. For example, when he talks about wanting creationism (AKA “intelligent design”) to be taught in public schools.

Posted in Dan Froomkin, The Media | 5 Comments