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Case 1:13-Cv-03994-WHP Document 42-1 Filed 09/04/13 Page 1 of 15
Case 1:13-cv-03994-WHP Document 42-1 Filed 09/04/13 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AMERICAN CIVIL LIBERTIES UNION; AMERICAN CIVIL LIBERTIES UNION FOUNDATION; NEW YORK CIVIL LIBERTIES UNION; and NEW YORK CIVIL LIBERTIES UNION FOUNDATION, Plaintiffs, v. No. 13-cv-03994 (WHP) JAMES R. CLAPPER, in his official capacity as Director of National Intelligence; KEITH B. ALEXANDER, in his ECF CASE official capacity as Director of the National Security Agency and Chief of the Central Security Service; CHARLES T. HAGEL, in his official capacity as Secretary of Defense; ERIC H. HOLDER, in his official capacity as Attorney General of the United States; and ROBERT S. MUELLER III, in his official capacity as Director of the Federal Bureau of Investigation, Defendants. BRIEF AMICI CURIAE OF THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS AND 18 NEWS MEDIA ORGANIZATIONS IN SUPPORT OF PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION Of counsel: Michael D. Steger Bruce D. Brown Counsel of Record Gregg P. Leslie Steger Krane LLP Rob Tricchinelli 1601 Broadway, 12th Floor The Reporters Committee New York, NY 10019 for Freedom of the Press (212) 736-6800 1101 Wilson Blvd., Suite 1100 [email protected] Arlington, VA 22209 (703) 807-2100 Case 1:13-cv-03994-WHP Document 42-1 Filed 09/04/13 Page 2 of 15 TABLE OF CONTENTS TABLE OF AUTHORITIES .......................................................................................................... ii STATEMENT OF INTEREST ....................................................................................................... 1 SUMMARY OF ARGUMENT…………………………………………………………………1 ARGUMENT……………………………………………………………………………………2 I. The integrity of a confidential reporter-source relationship is critical to producing good journalism, and mass telephone call tracking compromises that relationship to the detriment of the public interest……………………………………….2 A There is a long history of journalists breaking significant stories by relying on information from confidential sources…………………………….4 B. -
Nate Silver's Punditry Revolution
Nate Silver’s punditry revolution By Cameron S. Brown Jerusalem Post, November 6, 2012 Whether or not US President Barack Obama is re-elected will not just determine the future of politics, it is also likely to influence the future of political punditry as well. The media has been following the US elections with two very, very different narratives. Apart from the obvious – i.e. Democrat versus Republican—opinions were divided between those who thought the race was way too close to call and those who predicted with great confidence that Obama was far more likely to win. Most of the media—including the most respected outlets—continued with the traditional focus on the national polls. Even when state-level polls were cited, analyses often cherry-picked the more interesting polls or ones that suited the specific bias of the pundit. While on occasion this analysis has given one candidate or another an advantage of several points, more often than not they declared the race “neck-and-neck,” and well within any given poll’s margin of error. The other narrative was born out of a new, far more sophisticated political analysis than has ever been seen in the mass media before. Nate Silver, a young statistician who was part of the “Moneyball” revolution in professional baseball, has brought that same methodological rigor to political analysis. The result is that Silver is leading a second revolution: this time in the world of political punditry. In his blog, “Five Thirty-Eight,” (picked up this year by the New York Times), Silver put his first emphasis on the fact that whoever wins the national vote does not actually determine who wins the presidency. -
Starr Forum: Russia's Information War on America
MIT Center for Intnl Studies | Starr Forum: Russia’s Information War on America CAROL Welcome everyone. We're delighted that so many people could join us today. Very SAIVETZ: excited that we have such a timely topic to discuss, and we have two experts in the field to discuss it. But before I do that, I'm supposed to tell you that this is an event that is co-sponsored by the Center for International Studies at MIT, the Security Studies program at MIT, and MIT Russia. I should also introduce myself. My name is Carol Saivetz. I'm a senior advisor at the Security Studies program at MIT, and I co-chair a seminar, along with my colleague Elizabeth Wood, whom we will meet after the talk. And we co-chair a seminar series called Focus on Russia. And this is part of that seminar series as well. I couldn't think of a better topic to talk about in the lead-up to the US presidential election, which is now only 40 days away. We've heard so much in 2016 about Russian attempts to influence the election then, and we're hearing again from the CIA and from the intelligence community that Russia is, again, trying to influence who shows up, where people vote. They are mimicking some of Donald Trump's talking points about Joe Biden's strength and intellectual capabilities, et cetera. And we've really brought together two experts in the field. Nina Jankowicz studies the intersection of democracy and technology in central and eastern Europe. -
United States Court of Appeals for the SECOND CIRCUIT
Case 14-2985, Document 88, 12/15/2014, 1393895, Page1 of 64 14-2985-cv IN THE United States Court of Appeals FOR THE SECOND CIRCUIT In the Matter ofd a Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corporation, MICROSOFT CORPORATION, Appellant, —v.— UNITED STATES OF AMERICA, Appellee. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK BRIEF OF AMICI CURIAE MEDIA ORGANIZATIONS IN SUPPORT OF APPELLANT LAURA R. HANDMAN ALISON SCHARY DAVIS WRIGHT TREMAINE LLP 1919 Pennsylvania Avenue NW, Suite 800 Washington, DC 20006 (202) 973-4200 Attorneys for Amici Curiae Media Organizations Case 14-2985, Document 88, 12/15/2014, 1393895, Page2 of 64 OF COUNSEL Indira Satyendra David Vigilante John W. Zucker CABLE NEWS NETWORK , INC . ABC, INC . One CNN Center 77 West 66th Street, 15th Floor Atlanta, GA 30303 New York, NY 10036 Counsel for Cable News Network, Counsel for ABC, Inc. Inc. Richard A. Bernstein Andrew Goldberg SABIN , BERMANT & GOULD LLP THE DAILY BEAST One World Trade Center 555 West 18th Street 44th Floor New York, New York 10011 New York, NY 10007 Counsel for The Daily Beast Counsel for Advance Publications, Company LLC Inc. Matthew Leish Kevin M. Goldberg Cyna Alderman FLETCHER HEALD & HILDRETH NEW YORK DAILY NEWS 1300 North 17th Street, 11th Floor 4 New York Plaza Arlington, VA 22209 New York, NY 10004 Counsel for the American Counsel for Daily News, L.P. Society of News Editors and the Association of Alternative David M. Giles Newsmedia THE E.W. SCRIPPS COMPANY 312 Walnut St., Suite 2800 Scott Searl Cincinnati, OH 45202 BH MEDIA GROUP Counsel for The E.W. -
Protecting More Than the Front Page: Codifying a Reporter╎s Privilege for Digital and Citizen Journalists
Notre Dame Law Review Volume 89 | Issue 3 Article 10 2-2014 Protecting More than the Front Page: Codifying a Reporter’s Privilege for Digital and Citizen Journalists Kathryn A. Rosenbaum Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Criminal Law Commons, Criminal Procedure Commons, and the First Amendment Commons Recommended Citation 89 Notre Dame L. Rev. 1427 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\89-3\NDL310.txt unknown Seq: 1 11-FEB-14 9:04 PROTECTING MORE THAN THE FRONT PAGE: CODIFYING A REPORTER’S PRIVILEGE FOR DIGITAL AND CITIZEN JOURNALISTS Kathryn A. Rosenbaum* “‘The reporters who work for the Times in Washington have told me many of their sources are petrified even to return calls,’ Jill Abramson, the executive editor of The New York Times, said . on CBS’s Face The Nation broadcast. ‘It has a real practical effect that is important.’”1 INTRODUCTION The stifling of investigative journalism stems in part from a torrent of stories in 2013 regarding the government’s intrusive tracking of journalists’ and individuals’ cell phone records and e-mails without their knowledge.2 The federal government also tracked two months of call records of more than twenty Associated Press phone lines.3 In a leak probe regarding a news story about North Korea, the government surreptitiously obtained informa- tion about Fox News Chief Washington Correspondent James Rosen.4 Offi- cials monitored his “security badge access records to track the reporter’s comings and goings at the State Department[,] . -
True Conservative Or Enemy of the Base?
Paul Ryan: True Conservative or Enemy of the Base? An analysis of the Relationship between the Tea Party and the GOP Elmar Frederik van Holten (s0951269) Master Thesis: North American Studies Supervisor: Dr. E.F. van de Bilt Word Count: 53.529 September January 31, 2017. 1 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) Page intentionally left blank 2 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) Table of Content Table of Content ………………………………………………………………………... p. 3 List of Abbreviations……………………………………………………………………. p. 5 Chapter 1: Introduction…………………………………………………………..... p. 6 Chapter 2: The Rise of the Conservative Movement……………………….. p. 16 Introduction……………………………………………………………………… p. 16 Ayn Rand, William F. Buckley and Barry Goldwater: The Reinvention of Conservatism…………………………………………….... p. 17 Nixon and the Silent Majority………………………………………………….. p. 21 Reagan’s Conservative Coalition………………………………………………. p. 22 Post-Reagan Reaganism: The Presidency of George H.W. Bush……………. p. 25 Clinton and the Gingrich Revolutionaries…………………………………….. p. 28 Chapter 3: The Early Years of a Rising Star..................................................... p. 34 Introduction……………………………………………………………………… p. 34 A Moderate District Electing a True Conservative…………………………… p. 35 Ryan’s First Year in Congress…………………………………………………. p. 38 The Rise of Compassionate Conservatism…………………………………….. p. 41 Domestic Politics under a Foreign Policy Administration……………………. p. 45 The Conservative Dream of a Tax Code Overhaul…………………………… p. 46 Privatizing Entitlements: The Fight over Welfare Reform…………………... p. 52 Leaving Office…………………………………………………………………… p. 57 Chapter 4: Understanding the Tea Party……………………………………… p. 58 Introduction……………………………………………………………………… p. 58 A three legged movement: Grassroots Tea Party organizations……………... p. 59 The Movement’s Deep Story…………………………………………………… p. -
The Latest: Ousted Ukraine Ambassador Has Her Say in Hearing
The Latest: Ousted Ukraine ambassador has her say in hearing AP NEWS Top Stories Topics Video ListenAP Top New Sports AP Top 25 Entertainme Click to copy Oddities Travel Technology Lifestyle Business Click to copy U.S. News Health RELATED TOPICS Science Ukraine Internationa AP Top News Politics General News Religion Politics Impeachments Photo Galle Election 2020 AP Fact Ch William Barr Podcasts U.S. News Trump impeachment inquiry Europe Donald Trump The Latest: Ousted Ukraine ambassador https://apnews.com/2f420045618b4106b6fa7419a3d75b8e[12/20/2019 2:00:35 PM] The Latest: Ousted Ukraine ambassador has her say in hearing has her say in hearing November 16, 2019 WASHINGTON (AP) — The Latest on President Donald Trump and House impeachment hearings (all times local): 7:10 p.m. Attorney General William Barr says congressional Democrats are drowning government agencies with an “avalanche of subpoenas” in order to “incapacitate” the executive branch. Barr spoke Friday at the Federalist Society’s dinner in Washington. His comments came as Congress held a second public hearing in the House impeachment inquiry. https://apnews.com/2f420045618b4106b6fa7419a3d75b8e[12/20/2019 2:00:35 PM] The Latest: Ousted Ukraine ambassador has her say in hearing Barr says the “cost of this constant harassment is real.” The attorney general also took a swipe at liberals who label themselves as part of “the resistance.” He said they “essentially see themselves engaged in a war to cripple by any means necessary.” He also accused liberal lawmakers of being “engaged in a systematic shredding of norms and undermining of the rule of law.” ___ 3:22 p.m. -
Fake News and Misinformation Policy Lab Practicum (Spring 2017)
ST ANFORD Fake News & Misinformation Policy Practicum 2017 PRACTICUM RESEARCFacebookH TEAM: Research Team Jacob Finkel, JD ’19, Steven Jiang,Mufan BS ’17, Luo, PhD ‘22 Mufan Luo, PhD ’22, Rebecca Mears, JD/MPP ’19, Danaë Metaxa-Kakavouli, PhD ’20Camille, Peeples, JD ‘18 Camille Peeples, JD ’18, BrendanArjun Sasso, Shenoy,JD ’19, JD ‘19 Arjun Shenoy, JD ’19, Vincent Sheu, JD/MS ’18 , Nicolás Torres-Echeverry, JSM ’17 Google Research Team INSTRUCTOR AND PROJECTDanaë LEAD MetaxaS: -Kakavouli, PhD ‘20 Nicolás Torres-Echeverry, JSM ‘17 SENATOR RUSS FEINGOLD Edwin A. Heafey, Jr., Visiting Professor of Law Luciana Herman, Ph.D. Twitter Research Team Lecturer in Law Program Director, Law and Policy LabJacob Finkel, JD ‘19 Steven Jiang, BS ‘17 Ashwin Aravind, JD ‘18 Teaching Assistant Rebecca Mears, JD/MPP ‘19 Katie Joseff, MA ‘19 Research Assistant Reddit Research Team October POLICY CLIENT: Brendan Sasso, JD ‘19 Hewlett Foundation MadisonVincent Initiative Sheu, JD/MS ’18 2017 1 Acknowledgements This report reflects the research and analysis of an inter-disciplinary law and graduate student team enrolled in the Stanford Law School Fake News and Misinformation Policy Lab Practicum (Spring 2017). Under the guidance of instructor Senator Russ Feingold, the Edwin A. Heafey Visiting Professor of Law, the practicum surveyed the roles of four major online platforms in the spread of fake news beginning with the 2016 U.S. election. Assisting Senator Feingold in the practicum were Policy Lab Program Director and Lecturer Luciana Herman, Ph.D., and Teaching Assistant Ashwin Aravind, J.D. ’18. Brendan Sasso, J.D. ’19, served as the exceptional lead student editor for the report. -
Breaking the Spin Cycle: Teaching Complexity in the 19.3
Lane Glisson 461 Breaking the Spin Cycle: Teaching Complexity in the 19.3. Age of Fake News portal Lane Glisson publication, abstract: This article describes a discussion-based approach for teaching college students to identify the characteristics of ethical journalism and scholarly writing, by comparingfor fake news with credible information in a strategically planned slideshow. Much has been written on the need to instruct our students about disinformation. This librarian shares a lesson plan that engages students’ critical thinking skills by using a blend of humor, analysis, and a compelling visual presentation. The teaching method is contextualized by research on the distrust of the press and scientific evidence since the rise of hyper-partisan cable news, Russian trollaccepted farms, and alternative facts. and Introduction edited, Throughout our culture, the old notions of “truth” and “knowledge” are in danger of being replaced by the new ones of “opinion,” “perception” and “credibility.” copy Michio Kakutani1 What if truth is not an absolute or a relative, but a skill—a muscle, like memory, that collectively we have neglected so much that we have grown measurably weaker at using it? How might we rebuild it, going from chronic to bionic? reviewed, Kevin Young2 npeer 2015, I knew I had a problem. After several years of teaching library instruction is classes, I noticed that my conception of factual- ity and that of my students had diverged. Most Most students preferred Istudents preferred Google and YouTube to do their mss. Google and YouTube to do research. When asked in my classes how they dis- cerned the credibility of a website, most shrugged their research. -
Trial Memorandum of President Donald J. Trump
IN PROCEEDINGS BEFORE THE UNITED STATES SENATE TRIAL MEMORANDUM OF PRESIDENT DONALD J. TRUMP Jay Alan Sekulow Pat A. Cipollone Stuart Roth Counsel to the President Andrew Ekonomou Patrick F. Philbin Jordan Sekulow Michael M. Purpura Mark Goldfeder Devin A. DeBacker Benjamin Sisney Trent J. Benishek Eric J. Hamilton Counsel to President Donald J. Trump Office of White House Counsel January 20, 2020 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 STANDARDS............................................................................................................................... 13 A. The Senate Must Decide All Questions of Law and Fact. .................................... 13 B. An Impeachable Offense Requires a Violation of Established Law that Inflicts Sufficiently Egregious Harm on the Government that It Threatens to Subvert the Constitution. .................................................................. 13 1. Text and Drafting History of the Impeachment Clause ............................ 14 2. The President’s Unique Role in Our Constitutional Structure .................. 17 3. Practice Under the Impeachment Clause .................................................. 18 C. The Senate Cannot Convict Unless It Finds that the House Managers Have Proved an Impeachable Offense Beyond a Reasonable Doubt. .................. 20 D. The Senate May Not Consider Allegations Not Charged in the Articles of Impeachment. .................................................................................................. -
Will Ukraine Bring Down Trump?
UCL SSEES Press Briefing Will Ukraine bring down Trump? Expert briefing 9 October 2019 BACKGROUND Viktor Shokin. However, “Shokin was not a wonderful, marvellous prosecutor.” He was Donald Trump faces impeachment charges obstructing rather than advancing corruption as he is once more embroiled in Eastern investigations into Ukrainian businesses, Europe. including Burisma. Joe Biden was only one of many calling for Shokin’s removal in 2016, Three UCL academics assess what happens and there was no obvious linkage to the next, looking at Ukraine's neglected point of Burisma case. So, the true germ in Trump’s view, the prospects for the impeachment accusations is “not more than 5%”, and many process in Washington, and the need for a claims of his team, such as the alleged new conceptual vocabulary in international interference of the Crowdstrike company in politics. the 2016 US presidential election, are completely made up. This briefing document provides a summary 2. Nevertheless, Trump’s claims pose serious of comments made by the three academics risks for Ukraine. Firstly, there is the danger during an event on 8 October 2019 at UCL that, for the foreseeable future, Ukraine will SSEES. Direct quotations are included within only be seen through the prism of the scandal speech marks. and become “too toxic to touch” for any US politician. Secondly, several competent US diplomats working on Ukraine (and Russia) UKRAINIAN DIMENSION have resigned or been forced out, namely Andrew Wilson, Professor of Ukrainian Kurt Volker, Fiona Hill, and the former US Studies, UCL SSEES ([email protected]) ambassador to Ukraine Marie Yovanovitch. -
Opening Statement of Marie L
AS PREPARED FOR DELIVERY Opening Statement of Marie L. Yovanovitch to the House of Representatives Permanent Select Committee on Intelligence November 15, 2019 Mr. Chairman, Ranking Member Nunes, and other Members of the Committee: Thank you for the opportunity to start with this statement, to reintroduce myself to the Committee and to highlight parts of my biography and experience. My Background I come before you as an American citizen, who has devoted the majority of my life, 33 years, to service to the country that all of us love. Like my colleagues, I entered the Foreign Service understanding that my job was to implement the foreign policy interests of this nation, as defined by the President and Congress, and to do so regardless of which person or party was in power. I had no agenda other than to pursue our stated foreign policy goals. My service is an expression of gratitude for all that this country has given my family and me. My late parents did not have the good fortune to come of age in a free society. My father fled the Soviets before ultimately finding refuge in the United States. My mother’s family escaped the USSR after the Bolshevik revolution, and she grew up stateless in Nazi Germany, before eventually making her way to the United States. Their personal histories—my personal history—gave me both deep gratitude towards the United States and great empathy for others—like the Ukrainian people—who want to be free. I joined the Foreign Service during the Reagan Administration and subsequently served three other Republican Presidents, as well as two Democratic Presidents.