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	<title>Comments on: If You Keep Getting Stopped at Airports, That&#8217;s Not a Secret</title>
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	<link>http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/</link>
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		<title>By: Loo Hoo.</title>
		<link>http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/comment-page-1/#comment-66555</link>
		<dc:creator>Loo Hoo.</dc:creator>
		<pubDate>Sat, 26 Apr 2008 17:16:16 +0000</pubDate>
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		<description>&lt;p&gt;Wow!  Thanks.  Most helpful.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Wow!  Thanks.  Most helpful.</p>
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		<title>By: PetePierce</title>
		<link>http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/comment-page-1/#comment-66534</link>
		<dc:creator>PetePierce</dc:creator>
		<pubDate>Sat, 26 Apr 2008 05:37:44 +0000</pubDate>
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		<description>&lt;p&gt;The article I meant to add is:&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;a href=&quot;http://blog.wired.com/27bstroke6/2007/02/dhs_relaunches_.html#previouspost&quot; rel=&quot;nofollow&quot;&gt;DHS Re-Launches Watchlist Help Site After 27B Crushed the Old One - UPDATED&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>The article I meant to add is:</p>
<p><strong><a href="http://blog.wired.com/27bstroke6/2007/02/dhs_relaunches_.html#previouspost" rel="nofollow">DHS Re-Launches Watchlist Help Site After 27B Crushed the Old One &#8211; UPDATED</a></strong></p>
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		<title>By: PetePierce</title>
		<link>http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/comment-page-1/#comment-66533</link>
		<dc:creator>PetePierce</dc:creator>
		<pubDate>Sat, 26 Apr 2008 05:36:45 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/#comment-66533</guid>
		<description>&lt;p&gt;I meant to add this article that led me to Christopher Soghoian’s websites (old and new).  If you hit the links at the end of Ryan Singel’s excellent articles at Wired Blog, you’ll get a pretty good understanding of one of the major fuckups of this totalitarian government–emphasizing and disrupting air travel as a perceived/purported terrorist epicenter while failing to x-ray more than 6% of the cargo, and pretending if someone were a terrorist with an IQ 1/50 of the thermometer, they couldn’t figure out how to release a dirty bomb without involving air travel.&lt;/p&gt;
&lt;p&gt;I should add that the Magistrate’s R&amp;R that EW highlighted has by percentages an excellent chance of being reversed, because by and large we have a cowed compliant judiciary ready to orgasm over any scent of state secrets and side with the government in every issue before any district or appellate federal court.&lt;/p&gt;
&lt;p&gt;The Supreme Court already is batting 1000% in denying cert. to any single State Secrets case where a cert. brief has been made from both the 4th and D.C. Circuits. This ain’t gonna change.&lt;/p&gt;
&lt;p&gt;I’d look for the 9th to reverse this depending on which panel gets it unless the District Court pisses on the R&amp;R–and I guarantee you it will be appealed until the government gets the totalitarian milieu out of this case it thrives on.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I meant to add this article that led me to Christopher Soghoian’s websites (old and new).  If you hit the links at the end of Ryan Singel’s excellent articles at Wired Blog, you’ll get a pretty good understanding of one of the major fuckups of this totalitarian government–emphasizing and disrupting air travel as a perceived/purported terrorist epicenter while failing to x-ray more than 6% of the cargo, and pretending if someone were a terrorist with an IQ 1/50 of the thermometer, they couldn’t figure out how to release a dirty bomb without involving air travel.</p>
<p>I should add that the Magistrate’s R&amp;R that EW highlighted has by percentages an excellent chance of being reversed, because by and large we have a cowed compliant judiciary ready to orgasm over any scent of state secrets and side with the government in every issue before any district or appellate federal court.</p>
<p>The Supreme Court already is batting 1000% in denying cert. to any single State Secrets case where a cert. brief has been made from both the 4th and D.C. Circuits. This ain’t gonna change.</p>
<p>I’d look for the 9th to reverse this depending on which panel gets it unless the District Court pisses on the R&amp;R–and I guarantee you it will be appealed until the government gets the totalitarian milieu out of this case it thrives on.</p>
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		<title>By: PetePierce</title>
		<link>http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/comment-page-1/#comment-66531</link>
		<dc:creator>PetePierce</dc:creator>
		<pubDate>Sat, 26 Apr 2008 04:55:56 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/#comment-66531</guid>
		<description>&lt;p&gt;Thanks much for this EW.  This is one of those EW blogs where not only do the ideas flow, but the links that spring from those in the blog are very helpful.  I am pasting some of them that sprang from Ryan Singel’s articles, including a site I hadn’t seen before that I think is very prescient and caused the author to be harassed by the FBI for almost a year before they dropped his harassment and case after he acquired an excellent &lt;em&gt;pro bono&lt;/em&gt; lawyer.&lt;/p&gt;
&lt;p&gt; I never could make your first link work though EW so I went to the paper and tried to find articles on State Secrets and the al-Haramain case. I either get redirected to a blank page by that link or 404′d–don’t know why. Other links work fine.&lt;/p&gt;
&lt;p&gt;Besides all the &lt;em&gt;Ryan Singel Wired Blog&lt;/em&gt; links that caught me up on the clusterfuck that is the TSA and it’s completely absurd million plus and growing terrorist watch lists that fuck up people trying to get to Poughkipsee or wherever the hell to see mom or Aunt Martha, I ran across thess site in the comments of one of the first Wired article that EW linked and I pass it on. If I’m in EPUville (par) where I live a lot. I’ll call attention to them some other time when it is somewhat (or not) appropriate.&lt;/p&gt;
&lt;p&gt;Anyone interested in purported security fucking with your privacy and civil rights, (and it is now in a billion ways, which it  always does with this admnistration and their lacky Congress and Senate should check out:&lt;/p&gt;
&lt;p&gt;Check out&lt;br /&gt;
&lt;strong&gt;&lt;br /&gt;
&lt;a href=&quot;http://paranoia.dubfire.net/2007/02/new-tsa-website-back-online-now-less.html&quot; rel=&quot;nofollow&quot;&gt;New TSA Website back online - Now Less Phishy &lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;a href=&quot;http://paranoia.dubfire.net/2007/02/tsa-has-outsourced-tsa-traveler.html&quot; rel=&quot;nofollow&quot;&gt;TSA has outsourced the TSA Traveler Identity Verification Program?&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;a href=&quot;http://paranoia.dubfire.net/&quot; rel=&quot;nofollow&quot;&gt;Slight Paranoia’s Old Site&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;a href=&quot;http://www.cnet.com/surveillance-state/&quot; rel=&quot;nofollow&quot;&gt;Can TSA be trusted not to data discriminate?&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Thanks much for this EW.  This is one of those EW blogs where not only do the ideas flow, but the links that spring from those in the blog are very helpful.  I am pasting some of them that sprang from Ryan Singel’s articles, including a site I hadn’t seen before that I think is very prescient and caused the author to be harassed by the FBI for almost a year before they dropped his harassment and case after he acquired an excellent <em>pro bono</em> lawyer.</p>
<p> I never could make your first link work though EW so I went to the paper and tried to find articles on State Secrets and the al-Haramain case. I either get redirected to a blank page by that link or 404′d–don’t know why. Other links work fine.</p>
<p>Besides all the <em>Ryan Singel Wired Blog</em> links that caught me up on the clusterfuck that is the TSA and it’s completely absurd million plus and growing terrorist watch lists that fuck up people trying to get to Poughkipsee or wherever the hell to see mom or Aunt Martha, I ran across thess site in the comments of one of the first Wired article that EW linked and I pass it on. If I’m in EPUville (par) where I live a lot. I’ll call attention to them some other time when it is somewhat (or not) appropriate.</p>
<p>Anyone interested in purported security fucking with your privacy and civil rights, (and it is now in a billion ways, which it  always does with this admnistration and their lacky Congress and Senate should check out:</p>
<p>Check out<br />
<strong><br />
<a href="http://paranoia.dubfire.net/2007/02/new-tsa-website-back-online-now-less.html" rel="nofollow">New TSA Website back online &#8211; Now Less Phishy </a></strong></p>
<p><strong><a href="http://paranoia.dubfire.net/2007/02/tsa-has-outsourced-tsa-traveler.html" rel="nofollow">TSA has outsourced the TSA Traveler Identity Verification Program?</a></strong></p>
<p><strong><a href="http://paranoia.dubfire.net/" rel="nofollow">Slight Paranoia’s Old Site</a></strong></p>
<p><strong><a href="http://www.cnet.com/surveillance-state/" rel="nofollow">Can TSA be trusted not to data discriminate?</a></strong></p>
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		<title>By: PetePierce</title>
		<link>http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/comment-page-1/#comment-66528</link>
		<dc:creator>PetePierce</dc:creator>
		<pubDate>Sat, 26 Apr 2008 03:57:27 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/#comment-66528</guid>
		<description>&lt;p&gt;This is SOP.  In a code section increased number of areas over the last ten years, magistrates have been given wider latitude to review cases, and of course the District Court has the final say but often adopts their recommendation.&lt;/p&gt;
&lt;p&gt;What it meant is that the magistrate judge issued a recommendation that will be reviewed by the District Court pursuant to FRCP Rule 72:&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;a href=&quot;http://www.law.cornell.edu/rules/frcp/Rule72.htm&quot; rel=&quot;nofollow&quot;&gt;Magistrate Judges Pretrial Orders Rule 72&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;What happens in these situations is that the magistrate issues an &lt;strong&gt;R&amp;R–&lt;/strong&gt;and this occurs in criminal cases as well although there it’s the FRCrP that govern–same deal though with the magistrates.&lt;/p&gt;
&lt;p&gt;Magistrate issues an R&amp;R and the district court either adopts it (most of the time in criminal cases and civil cases) or overrules or modifies it.  Often if both parties agree, pretrial issues get out of the way when the magistrate reviews them either in civil or criminal cases.&lt;/p&gt;
&lt;p&gt;This will context it for you I think.&lt;/p&gt;
&lt;p&gt;From:&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;a href=&quot;http://www.soyouwanttobealawclerk.com/index.php?option=com_content&amp;view=article&amp;id=56&amp;Itemid=59&quot; rel=&quot;nofollow&quot;&gt;So You Wanna Be a Law Clerk&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;The greatest distinction is the type of opinion written by magistrate clerks. Under most circumstances, a magistrate clerk will draft what is called a Report and Recommendation (R&amp;R) instead of an Opinion and Order. In short, a R&amp;R is a fully reasoned and supported judicial opinion, with the holding written as a recommendation, i.e., “and therefore the undersigned recommends that the district judge Grant the Defendant’s Motion to Dismiss with prejudice.” In short, your draft opinion is written exactly as it would be written if you were a district court clerk drafting an Opinion &amp; Order.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;I think that’s what you were getting at LooHoo but maybe not.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>This is SOP.  In a code section increased number of areas over the last ten years, magistrates have been given wider latitude to review cases, and of course the District Court has the final say but often adopts their recommendation.</p>
<p>What it meant is that the magistrate judge issued a recommendation that will be reviewed by the District Court pursuant to FRCP Rule 72:</p>
<p><strong><a href="http://www.law.cornell.edu/rules/frcp/Rule72.htm" rel="nofollow">Magistrate Judges Pretrial Orders Rule 72</a></strong></p>
<p>What happens in these situations is that the magistrate issues an <strong>R&amp;R–</strong>and this occurs in criminal cases as well although there it’s the FRCrP that govern–same deal though with the magistrates.</p>
<p>Magistrate issues an R&amp;R and the district court either adopts it (most of the time in criminal cases and civil cases) or overrules or modifies it.  Often if both parties agree, pretrial issues get out of the way when the magistrate reviews them either in civil or criminal cases.</p>
<p>This will context it for you I think.</p>
<p>From:</p>
<p><strong><a href="http://www.soyouwanttobealawclerk.com/index.php?option=com_content&amp;view=article&amp;id=56&amp;Itemid=59" rel="nofollow">So You Wanna Be a Law Clerk</a></strong></p>
<blockquote><p>The greatest distinction is the type of opinion written by magistrate clerks. Under most circumstances, a magistrate clerk will draft what is called a Report and Recommendation (R&amp;R) instead of an Opinion and Order. In short, a R&amp;R is a fully reasoned and supported judicial opinion, with the holding written as a recommendation, i.e., “and therefore the undersigned recommends that the district judge Grant the Defendant’s Motion to Dismiss with prejudice.” In short, your draft opinion is written exactly as it would be written if you were a district court clerk drafting an Opinion &amp; Order.</p>
</blockquote>
<p>I think that’s what you were getting at LooHoo but maybe not.</p>
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		<title>By: skdadl</title>
		<link>http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/comment-page-1/#comment-66495</link>
		<dc:creator>skdadl</dc:creator>
		<pubDate>Fri, 25 Apr 2008 21:18:20 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/#comment-66495</guid>
		<description>&lt;p&gt;klynn, if you or son of klynn is still reading: I believe in democracy, like very very deeply, I can’t tell you how deeply, so even if I’m protective of our own up here, I am so drawn into your struggles to save yours, and I hope for you so much. Most Canadians do. We sit here watching from the sidelines, really frustrated because we can’t help much. &lt;/p&gt;
&lt;p&gt;We aren’t in quite the same boat, but we’re all in boats by now, eh? Rowing along together.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>klynn, if you or son of klynn is still reading: I believe in democracy, like very very deeply, I can’t tell you how deeply, so even if I’m protective of our own up here, I am so drawn into your struggles to save yours, and I hope for you so much. Most Canadians do. We sit here watching from the sidelines, really frustrated because we can’t help much. </p>
<p>We aren’t in quite the same boat, but we’re all in boats by now, eh? Rowing along together.</p>
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		<title>By: maryo2</title>
		<link>http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/comment-page-1/#comment-66481</link>
		<dc:creator>maryo2</dc:creator>
		<pubDate>Fri, 25 Apr 2008 20:00:27 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/#comment-66481</guid>
		<description>&lt;p&gt;bmaz’s past posts said that some documents were classified because they deal with an actual case being litigated.  It struck me that the Senate Reservations say that the US “reserves the right specifically to agree to follow this or any other procedure for arbitration in a particular case.”&lt;/p&gt;
&lt;p&gt;So Ashcroft says what we did was legal because it falls under the reservation that allows us to decide to torture in a case-by-case basis.&lt;/p&gt;
&lt;p&gt;But then documents are classified because they deal with a particular case.&lt;/p&gt;
&lt;p&gt;How convenient for Team Torture that oversight is stuck in a loop.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>bmaz’s past posts said that some documents were classified because they deal with an actual case being litigated.  It struck me that the Senate Reservations say that the US “reserves the right specifically to agree to follow this or any other procedure for arbitration in a particular case.”</p>
<p>So Ashcroft says what we did was legal because it falls under the reservation that allows us to decide to torture in a case-by-case basis.</p>
<p>But then documents are classified because they deal with a particular case.</p>
<p>How convenient for Team Torture that oversight is stuck in a loop.</p>
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		<title>By: Hmmm</title>
		<link>http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/comment-page-1/#comment-66479</link>
		<dc:creator>Hmmm</dc:creator>
		<pubDate>Fri, 25 Apr 2008 19:58:03 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/#comment-66479</guid>
		<description>&lt;p&gt;Ack, sorry, wrong thread!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Ack, sorry, wrong thread!</p>
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		<title>By: Hmmm</title>
		<link>http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/comment-page-1/#comment-66476</link>
		<dc:creator>Hmmm</dc:creator>
		<pubDate>Fri, 25 Apr 2008 19:37:16 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/#comment-66476</guid>
		<description>&lt;p&gt;klynn et al. — W/r/t provenance of the reactor photos specifically, what if anything shown in them indicates they were actually taken inside the Syrian facility?  Is there any reason why those ones couldn’t have been taken inside the North Korean facility instead?  Because seeing the North Korean nuclear program head and a number of seemingly Korean people wouldn’t be so unusual in a photo taken in North Korea.  And while seeing the Syrian official in North Korea certainly would show a North Korea-Syria nuclear connection, it would be way, way weaker than seeing Koreans and a reactor inside Syria, and certainly not proof of a reactor being built in Syria with North Korean support.  So I have to agree with klynn, in this case the interpretation of the interior photos is all.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>klynn et al. — W/r/t provenance of the reactor photos specifically, what if anything shown in them indicates they were actually taken inside the Syrian facility?  Is there any reason why those ones couldn’t have been taken inside the North Korean facility instead?  Because seeing the North Korean nuclear program head and a number of seemingly Korean people wouldn’t be so unusual in a photo taken in North Korea.  And while seeing the Syrian official in North Korea certainly would show a North Korea-Syria nuclear connection, it would be way, way weaker than seeing Koreans and a reactor inside Syria, and certainly not proof of a reactor being built in Syria with North Korean support.  So I have to agree with klynn, in this case the interpretation of the interior photos is all.</p>
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		<title>By: klynn</title>
		<link>http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/comment-page-1/#comment-66475</link>
		<dc:creator>klynn</dc:creator>
		<pubDate>Fri, 25 Apr 2008 19:32:06 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/25/if-you-keep-getting-stopped-at-airports-thats-not-a-secret/#comment-66475</guid>
		<description>&lt;p&gt;My son, the teenager, remembered me telling him about the “Hands Across America” effort.&lt;/p&gt;
&lt;p&gt;He suggested  that everyone US and Canadian who stnad for individual rights and the rule of law should make a Hands (Or Fingers) Across North America - No Fingerprints Please!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>My son, the teenager, remembered me telling him about the “Hands Across America” effort.</p>
<p>He suggested  that everyone US and Canadian who stnad for individual rights and the rule of law should make a Hands (Or Fingers) Across North America &#8211; No Fingerprints Please!</p>
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