We don’t know exactly what information the National Security Agency has ceased collecting , and we don’t know what legal issue persuaded which judge that collecting it was a problem. But the Washington Post tells us that there will be a hiatus for some time in the surveillance of terrorist communications. If it should happen that they are able to exploit this particular security gap, we will probably one day learn just who was responsible.

A special federal court that oversees domestic surveillance has raised concerns about the National Security Agency’s collection of certain types of electronic data, prompting the agency to suspend collecting it, U.S. officials said.

The Foreign Intelligence Surveillance Court, which grants orders to U.S. spy agencies to monitor U.S. citizens and residents in terrorism and espionage cases, recently “got a little bit more of an understanding” about the NSA’s collection of the data, said one official, who spoke on the condition of anonymity because such matters are classified.

The data under discussion are records associated with various kinds of communication, but not their content. Examples of this “metadata” include the origin, destination and path of an e-mail; the phone numbers called from a particular telephone; and the Internet address of someone making an Internet phone call. It was not clear what kind of data had provoked the court’s concern.

Some House Republicans have argued that the suspension of collection creates an intelligence gap that undermines the government’s ability to track and identify terrorist networks, according to officials familiar with the matter. Frustrated about waiting for a remedy, these Republicans say the gap can be closed with a technical fix to the Foreign Intelligence Surveillance Act, the officials said.

“This is a basic tool we used to have, and it’s now gone,” said one intelligence official familiar with the impasse. “Every day, every week that goes by, there’s just one more week of information that we’re not collecting. You sit there and say, ‘This is unbelievable that we have this gap.’ ”

The data could be used to help analysts learn whom a suspect was working and communicating with, and to “detect and anticipate” a plot, the official said. “It’s not a concern over what was being collected,” he said. “It’s just a question about whether the law was written in a way that allowed the information to be collected in a way that they were collecting it.” ...

The NSA voluntarily stopped gathering the data in December or January rather than wait to be told to do so, the officials said. The agency had been collecting it with court permission for several years, officials said.

Much like the Emperor in the fairy tale who had no clothes, Barack Obama has received a wake-up call in the form of a secret memo from his own Secretary of Defense warning that his administration has no strategy for coping with a nuclear Iran.

Of course, in this case, it is the United States, her civilian population and her allies, who are naked and embarrassed by exposure to the threat of nuclear blackmail or actual attack by surrogates of the fanatical Iranian regime.

New York Times:

Defense Secretary Robert M. Gates has warned in a secret three-page memorandum to top White House officials that the United States does not have an effective long-range policy for dealing with Iran’s steady progress toward nuclear capability, according to government officials familiar with the document.

Several officials said the highly classified analysis, written in January to President Obama’s national security adviser, Gen. James L. Jones, came in the midst of an intensifying effort inside the Pentagon, the White House and the intelligence agencies to develop new options for Mr. Obama. They include a set of military alternatives, still under development, to be considered should diplomacy and sanctions fail to force Iran to change course.

Officials familiar with the memo’s contents would describe only portions dealing with strategy and policy, and not sections that apparently dealt with secret operations against Iran, or how to deal with Persian Gulf allies.

One senior official, who like others spoke on the condition of anonymity because of the sensitive nature of the memo, described the document as “a wake-up call.” But White House officials dispute that view, insisting that for 15 months they had been conducting detailed planning for many possible outcomes regarding Iran’s nuclear program.

In an interview on Friday, General Jones declined to speak about the memorandum. But he said: “On Iran, we are doing what we said we were going to do. The fact that we don’t announce publicly our entire strategy for the world to see doesn’t mean we don’t have a strategy that anticipates the full range of contingencies — we do.”

But in his memo, Mr. Gates wrote of a variety of concerns, including the absence of an effective strategy should Iran choose the course that many government and outside analysts consider likely: Iran could assemble all the major parts it needs for a nuclear weapon — fuel, designs and detonators — but stop just short of assembling a fully operational weapon.

In that case, Iran could remain a signatory of the Nuclear Nonproliferation Treaty while becoming what strategists call a “virtual” nuclear weapons state.

According to several officials, the memorandum also calls for new thinking about how the United States might contain Iran’s power if it decided to produce a weapon, and how to deal with the possibility that fuel or weapons could be obtained by one of the terrorist groups Iran has supported, which officials said they considered to be a less-likely possibility.

TechCrunch has photos and a video.

Brussels regulators really ought to fine that volcano for violating EU emissions policies.

Today’s Day By Day illustrates Richard’s point about the sophistication of Tea Party commentary

Richard Fernandez notes that Tea Parties have taken the political debate to deeper than customary levels of analysis, which may possibly be connected to the recently discovered fact that Tea Party activists are not really the rubes and yokels that the community of fashion inevitably supposed they were.

Perhaps the greatest distinction between the Tea Parties and the televised “debates” between candidates is that issues are raised at fundamentally different levels. In the first the money is for the candidate to dispense. In the second it is about how much he has a right to dispense not at the margins but structurally. The psychological difference is captured perfectly by Barack Obama’s response to the Tea Parties. ABC News reported that

Speaking at a Democratic fundraiser tonight, President Obama touted his administration’s tax cuts and said that the recent tea party rallies across the nation have “amused” him.

“You would think they should be saying thank you,” the president said to applause. Members of the audience shouted, “Thank you.”

‘Thank you for what?’ the Tea Partiers might respond, ‘it is our money.’ The incendiary potential of that type of conversation may explain the heat which has been generated by the crashers and anti-crashers at these events. The Tea Parties are less a debate than political clash. Glenn Reynolds at Instapundit has a number of links to sites which have promised to infiltrate the Tea Parties and efforts repel boarders. It has the aspect of conflict and consequently generates many of the same emotions. Dana Milbank at the Washington Post was nearly beside himself at the sight of these “faux populists”, only recently described as hicks, but now revealed to have Harvard Degrees.

A CBS News/New York Times poll released on Tax Day found that Tea Party activists are wealthier than average (20 percent of their households earn more than $100,000, compared with 14 percent of the general population) and better educated (37 percent have college or postgraduate degrees vs. 25 percent of Americans ).

Milbank should be careful about opening that can of worms lest it lead to a discussion of whether the half of US households who pay Federal Income Tax so it can be transferred to the other half should have any say on how their money is spent. Because the only thing worse than the narrative that Tea Partiers are the ingrates who should be saying “thank you” to the quality that wisely governs them is the reverse: a narrative where the Tea Partiers are the quality who dare to question the ingrates that govern and write about them. Any idea that threatens to invert the positions of the elite and the peasantry is by definition subversive. The real problem with portraying the rebels as well educated and smart is that it begs the question of what their critics are.

Stephen R. Kappes
Stephen R. Kappes has announced his retirement as Deputy Director of the Central Intelligence Agency next month.

WaPo—New York Times

Kappes dramatically returned in triumph to the CIA as DDCIA in May of 2006, having come close to being appointed Director but being edged out by Leon Panetta. Kappes was the preferred candidate for the directorship of Senators Jay Rockefeller and Diane Feinstein, and his Deputy Directorship was a concession to Feinstein.

Kappes had earlier resigned as Deputy Director of Operations in November of 2004 after a brief interval of conflict with Porter Goss, who had been appointed CIA Director with a charter to reform the Agency in late September. Stephen Hayes describes what happened.

On November 5, Goss’s new chief of staff Patrick Murray confronted Mary Margaret Graham, then serving as associate deputy director for counterterrorism in the directorate of operations. The two discussed several items, including the prospective replacement for Kostiw, a CIA veteran named Kyle “Dusty” Foggo. Murray had a simple message: No more leaks.

Graham took offense at the accusatory warning and notified her boss, Michael Sulick, who in turn notified his boss, Stephen Kappes. A meeting of Goss, Murray, Sulick, and Kappes followed. Goss attended most of the meeting, in which the two new CIA leaders reiterated their concern about leaks. After Goss left, Murray once again warned the two career CIA officials that leaks would not be tolerated. According to a source with knowledge of the incident, Sulick took offense, called Murray “a Hill puke,” and threw a stack of papers in his direction.

Goss summoned Kappes the following day. Although others in the new CIA leadership believed Sulick’s behavior was an act of insubordination worthy of firing, Goss didn’t go quite that far. He ordered Kappes to reassign Sulick to a position outside of the building. Goss suggested Sulick be named New York City station chief. Kappes refused and threatened to resign if Sulick were reassigned. Goss accepted his resignation and Sulick soon followed him out the door.

William Safire referred at the time to the exodus of “a flock of pouting spooks at Langley who bet on a Kerry victory.”

Stephen Kappes had a distinguished career in CIA Operations, but he was one of the central figures in Agency efforts to oppose the policies of a Republican elected administration.

Scott Johnson, at Power-line, quotes the pseudononymous former CIA case officer and author “Ishmael Jones” on the reasons for Kappes’ resignation.

His departure suggests that the Obama administration understands that the status quo at the CIA is unacceptable.

The bomb attack at the CIA base in Khost helped push Kappes out. Kappes had personally briefed President Obama on the quality of the operation beforehand. Following the bombing, we learned that the operation had been a classic bureaucratic boondoggle: 14 people, many with little experience, had met the agent when there should have been only one. Espionage is a one on one business. With so many layers of management involved both in the field and at Headquarters, the chain of command was vague and no-one was really in charge. The CIA’s chief at Khost was set up for failure.

Kappes then attempted to recover from the Khost debacle by leaking news of the defection of an Iranian nuclear scientist. But closer examination showed this to be a hollow achievement. CIA officers are taught to keep agents operating in place because once they defect, their access to intelligence is lost. Defection is an option only when the agent’s life is at risk. And then, once an agent has defected, the news is not to be leaked to the press. The scientist in question turned out to be a low-level participant in the Iranian program who had left the program almost a year ago.

Kappes had outlived his usefulness and become a liability. And so, like Jeremiah Wright, under the bus he goes.

Henry “Nosferatu” Waxman

Michelle Malkin, in the New York Post, describes how the thuggish efforts to punish corporations for describing the negative impact of the health care bill backfired on Henry Waxman.

The House Democrats’ Torquemada got cold feet. Self-styled “chief inquisitor” Henry Waxman announced this week that he’s canceling a planned show trial of corporate executives who called public attention to the financial hit they’re taking as a result of President Obama’s health-care mandate. Business owners can breathe a small sigh of relief. But the witch hunt isn’t over.

You’ll recall that Waxman fired off nasty-grams to the heads of Deere, Caterpillar, Verizon and AT&T last month, demanding their presence at a congressional auto de fé. Their sin? Publicly reporting the costs and consequences of federal health-care taxes on their firms’ bottom lines.

A vindictive Waxman sought internal documents and e-mails from the CEOs about the profit charges. Commerce Secretary Gary Locke took to the White House blog and TV airwaves to condemn the “premature” and “irresponsible” disclosures. ...

An April 14 memorandum from the Committee on Energy and Commerce Majority Staff informed the Democratic hounds that the “companies acted properly and in accordance with accounting standards in submitting filings to the Securities and Exchange Commission in March and April.”

Indeed, after haggling about the overall impact of the health-care mandate on firms’ annual company cash flows, the staff memo acknowledged that notifying shareholders of these big one-time company write-downs was required by law.

No apology from Locke or Waxman has been forthcoming. Instead, the ruling majority seems bent on pressuring private companies to peddle the “beneficial” impacts of the law. The committee staff extracted statements from the targeted companies that “if” implemented “right” and “correct[ly],” ObamaCare “could” achieve “long term savings for the country” and their businesses.

Volcanic ash from Eyjafjallajökull in Southern Iceland blows toward the continent.

UK authorities say no flights over English airspace until Saturday; 17,000 flights over Europe canceled Friday.

NASA images

New York Times

The New York Times reports that, lo, a mere three or four years later, one of what must have been a number of Intelligence Community officials who leaked very significant and highly classified national security information is actually about to be prosecuted.

In a rare legal action against a government employee accused of leaking secrets, a grand jury has indicted a former senior National Security Agency official on charges of providing classified information to a newspaper reporter in hundreds of e-mail messages in 2006 and 2007.

The official, Thomas A. Drake, 52, was also accused of obstructing justice by shredding documents, deleting computer records and lying to investigators who were looking into the reporter’s sources.

“Our national security demands that the sort of conduct alleged here — violating the government’s trust by illegally retaining and disclosing classified information — be prosecuted and prosecuted vigorously,” Lanny A. Breuer, the assistant attorney general in charge of the Justice Department’s criminal division, said in a statement.

The indictment, approved Wednesday by a grand jury in Baltimore and made public on Thursday, does not name either the reporter or the newspaper that received the information.

But the description applies to articles written by Siobhan Gorman, then a reporter for The Baltimore Sun, that examined in detail the failings of several major N.S.A. programs, costing billions of dollars, using computers to collect and sort electronic intelligence. The efforts were plagued with technical flaws and cost overruns. ...

Mr. Drake, who began working as an N.S.A. contractor in 1991 and was a high-ranking agency employee from 2001 to 2008, is charged with 10 counts, including retention of classified information, obstruction of justice and making false statements. The retention counts each carry a maximum penalty of 10 years in prison and a $250,000 fine.

The Times remarks defensively that “[t]he indictment suggests the Obama administration may be no less aggressive than the Bush administration in pursuing whistleblowers and reporters’ sources who disclose government secrets.”

Frankly, I think they may be being more aggressive.

Siobhan Gorman (naturally) in 2006 received the prestigious Sigma Delta Chi Award from the Society of Professional Journalists for her NSA coverage.

The Baltimore Sun web-site does not seem to be linking many of Siobhan Gorman’s NSA stories, but here’s an example, NSA Killed System That Sifted Phone Data Legally, published in the Sun, May 18, 2006, quoted by the leftwing Common Dreams. Possibly being deliberately misleading, Gorman claims to have four anonymous informants.

Here is Siobhan Gorman talking about Homeland Security use of satellite surveillance on C-Span, November 3, 2007, 8:02 video.

Cobalt-60 is a radioactive isotope of Cobalt with a half life of 5.27 years. Cobalt-60 is not found in nature, and is artificially produced by bombarding Californium-59 with slow neutrons or by placing Cobalt rods in a nuclear reactor.

Cobalt-60 in very small quantities is used to sterilize medical equipment, to irradiate food, and for medical and industrial radiography.

It can also be used to create a dirty bomb.

One week ago (April 8), in the West Dehli industrial area of Mayapuri, two local scrap dealers, Deepak Jain, Bablu, and five others fell ill as the result of exposure to “very powerful” radiation.

Indian Express (April 9)

Economic Times (April 9):

Indian Times (April 14)

Hindustan Times (April 9):

Sources at Bhaba Atomic Research Centre (BARC) told HT the radioactive waste recovered was commercial in nature and may have been used at biochemistry or a haematology laboratory.

Police said the waste in the form of “entangled wires and pellets” could have been brought from outside the country and was handed over to Deepak Jain, the scrap dealer, through an agent.

Jain is battling for his life at Indraprastha Apollo Hospitals after sustaining prolonged exposure to the substance.

The officials of Atomic Energy Regulatory Board (AERB) collected eight bags of the substance from two of Jain’s godowns located 300 metres away from each other.

Two more sources found (April 14).

The Cobalt-60 is assumed to have originated outside India, because no legitimate production of the isotope takes place inside the country.

Hat tip to Debkafile and Thorvald Maada.

Japanese intellectual worker’s survival rations: canned coffee and a couple of packs of cigarettes. The pezzonovantes would never let anyone package such hazardous products together in this way in the “mostly free” US of A.

Hat tip to the News Junkie, Ambisinistral and Trendhunter

Long a popular occasion for self congratulation on our side. 4:47 video

Hat tip to Bruce Kesler.

Allee Bautsch and Joe Brown

We heard a great deal from democrats, the dinosaur media, and the punditocracy of the left recently about conservative rhetoric and all sorts of supposititious threats of violence to democrats who voted for the health care bill. No actual violence, of course, ever actually occurred.

It turns out, on the other hand, that leftwing violence these days is quite real. Last weekend, Allee Bautsch, an aide to Republican governor Bobby Jindal and her boyfriend were savagely beaten in New Orleans and both were seriously injured.

Nola.com:

The news release issued by New Orleans police Tuesday evening… notes that the 25-year-old female victim and the 28-year-old male victim were attacked in the 600 block of St. Louis Street after leaving an event at a restaurant in the 400 block of Royal Street.

Jindal’s office acknowledged on Monday that Bautsch, his chief campaign fundraiser, was recovering from a broken leg after an altercation with a group of people in the Quarter on Friday night. Bautsch was attacked after a fundraiser for the Louisiana Republican Party at Brennan’s Restaurant, 417 Royal Street, the governor’s office said. ...

New Orleans police say that the incident began about 10:45 p.m. when a group of three to five men made “derogatory comments” to Bautsch and her boyfriend. When the man described as the male victim “turned toward” the group of men, at least one of the men struck him repeatedly. The woman “fell to the ground and screamed,” the news release said.

Police released a description of one suspect, saying he was in his 20s, looked “dirty,” and wore his hair in an auburn-colored ponytail. The man was 6 feet, 1 inch tall with a thin build, police said. He wore a light-colored T-shirt and dark pants.

Officers in the area responded and requested EMS assistance. The woman used her purse as a pillow while waiting for help. Once she was in the ambulance, the woman realized her purse was missing, the release said.

Kyle Plotkin, a Jindal spokesman, said Bautsch had surgery during the weekend and is facing a recovery time of two to three months. According to the NOPD news release, Bautsch’s friend was treated at the hospital for a mild concussion, broken jaw and broken nose.

The attackers were probably persons involved in a radical protest against a Louisiana State Republican Party fund raising dinner taking place at a local restaurant. The Hayride, a local political blog, describes the protesters.

Michelle Malkin is discounting rumors that the couple was attacked for wearing Sarah Palin pins.

——————————————————————————-
UPDATE —4/17:

Several prominent conservative blogs are reporting today that the victims were uncertain about whether their attackers had any connection to the demonstration and did not identify any specifically political insults from their attackers, including both Michelle Malkin and Ed Morrissey.

Human Events talked to the victim’s mother:

Della Burning, mother of Jindal staffer Allee Bautsch, confirmed that her daughter had been savagely beaten. She refused to discuss whether or not politics were involved (although at one point in the interview she did say the report was “accurate” when New Orleans Police Information Officer said slurs hurled at her daughter during the attack were “political in nature”).

Burning confirmed her daughter’s leg is broken in four places and she has five surgical scars and a steel rod now running from her knee to her ankle with seven screws holding it all in place. She did not fall and break her leg as was reported in the lonely and inaccurate story done by the Associated Press.

Burning also confirmed that the attackers did not rob her daughter or her daughter’s boyfriend.

On the other hand, the local blog Hayride (which covered this story in a lot of depth) is still arguing today that the attack was definitely politically motivated.

I wonder exactly how much of the full story is yet to emerge at this point.

Last week, the Heritage Foundation issued its annual Index of Economic Freedom. The United States’ ranking fell dramatically from 80.7 in 2009 to 78 in 2010, for the first time declining out of the free category into the “mostly free.”

—————————————-
Bruce Bartlett, in Forbes, says what liberals say: We’re so much wealthier today that we can afford to pay our taxes and the costs of regulations.

Stephen M. Bainbridge responds with some indignation, rightly characterizing Bartlett’s argument as proposing “trading our birthright of freedom for an iPad.”

[I]f I get the gist of this column correctly, he’s arguing that I should be happy about bigger government and higher taxes because I get to buy an iPad . ...

I’m happy to acknowledge that the free market economy has produced profound blessings. But I’m not willing to swap my birthright of economic freedom for a “PDA” (how technologically quaint). Nor am I willing to stand by without protest while ever larger chunks of the American economy are turned over to the Obamabots—the very definition of “Social Engineers, who seek to adjust mankind to conform with scientific utopias.” After all, if we rely today on government to provide us with bread and circuses, what will we rely on government to provide tomorrow?

At bottom, my problem with Bartlett’s argument that we can afford higher taxes and greater regulation is that regulation and taxation are like the story about how to boil a frog. If a frog is placed in boiling water, it will jump out, but if it is placed in cold water that is slowly heated, it will not perceive the danger and will be cooked to death.

In the United States today, the thermostat is still set pretty low. The Heritage Foundation has warned us, however, that the Obamabots have turned up the heat a tad. It is the proper function of conservatives to resist and to seek to turn down the heat.

August Saint-Gaudens, The Puritan, 1883 – 1886, Metropolitan Museum of Art, New York

Fast cars, smoking, flirting, even eating fast food at Burger King, the puritans of the Left are determined to eradicate each and every one of life’s little pleasures, Dennis Praeger warns.

Just as the Soviets removed Trotsky from old photos, anti-smoking zealots have forced the removal of cigarettes from old photos — from photos of FDR, from the famous Beatles photo — and from movies whenever possible. Torture and murder are ubiquitous in films, but smoking is all but banned — even cigars are now banned from James Bond films.

Smoking has been banned in entire cities, outdoors as well as in. In Pasadena, Calif., one cannot even smoke in a cigar store. ...

Virtually every game I played as a child during school recess is now banned because organizations such as the National Program for Playground Safety deem games in which kids are “running into each other” as too dangerous. Someone might get hurt.

Until a few years ago, just about every American boy, and many girls, played dodgeball. No more. This joy, too, has been eliminated from American life. “We consider it inappropriate to use children as human targets,” said Mary Marks, physical education supervisor for Fairfax County, Va. And it may hurt the feelings of kids who are eliminated. For the same reason — potential hurt feelings of those eliminated — musical chairs is no longer played in some schools.

Some might argue that these bans are not because of Leftism but because of fear of lawsuits. But in light of how leftwing the trial bar is, that only reinforces my argument.

Read the whole thing.

Can it be accidental that Obama persists in bowing to foreign leaders like China’s President Hu Jintao?

Victor Davis Hanson can see no rational direction to Barack Obama’s foreign policy and bitterly complains that “Obama has no idea of what he is doing, and wings his way from one embarrassment to another.”

But Michael Ledeen thinks Hanson has overlooked the obvious explanation of what Obama means to do.

[W]hat if Obama does know what he’s doing? What if Victor has it right when he says that we are being transformed into a much larger version of the E.U.? (Actually, it’s a somewhat smaller version, but no matter.) ...

He is not an admirer of America. He believes that America’s past behavior is the root cause of the world’s problems, and he wants to bring America under control by making it just another European country: impotent in world affairs (except for spreading the wealth) and stripped of its traditional exceptionalism at home.

That’s what his latest initiatives are all about, the new nuclear policy and the removal of clarity from our national-security doctrine by banning words like “jihad” and “Islam.” Since he considers us the problem, he imposes a nuclear doctrine that reins in America — the root cause of evil in the world. And since he wants to turn America into a weak country that will accept the political correctness of the feckless “international community,” he adjusts our language to bring it into line with the U.N.’s version of Newspeak.

It’s worse than you thought, Victor. It’s not confusion at all. It’s a campaign to cut America down to size.