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Add the name of Sen. Russ Feingold (D-WI) to the growing list of observers who are deeply concerned by the Obama administration's invocation of the state secrets privilege in the Jewel v. NSA case.

Statement of Sen. Russ Feingold on the Obama DOJ's brief in Jewel:

I am troubled that once again the Obama administration has decided to invoke the state secrets privilege in a case challenging the previous administration's alleged misconduct. The Obama administration's action, on top of Congress's mistaken decision last year to give immunity to the telecommunications companies that allegedly participated in the warrantless wiretapping program, will make it even harder for courts to rule on the legality of that program. In February, I asked for a classified briefing so that I can understand the reasons for the Department's decision to invoke the privilege in another case, and I intend to seek information on this new case as well. I also encourage the greatest possible public accounting of the use of the state secrets privilege and welcome the Attorney General's statement that he hopes to share his review with the American people.

Beyond the particular case at issue here, it is clear that there is an urgent need for legislation to give better guidance to the courts on how to handle assertions of the state secrets privilege. The American people must be able to have confidence that the privilege is not being used to shield government misconduct. That is why I am working with Senators Leahy, Specter, and others to pass the State Secrets Protection Act as soon as possible.

We told you yesterday about the developing consensus in opposition to the Obama administration's state secrets claim in the Jewel v. NSA case, in which the government is being sued over the warrantless wiretapping program.

Here's the Justice Department's statement on the matter:

The administration recognizes that invoking the states secret privilege is a significant step that should be taken only when absolutely necessary. After careful consideration by senior intelligence and Department of Justice officials, it was clear that pursuing this case could unavoidably put at risk the disclosure of sensitive information that would harm national security.

An examination by the Director of National Intelligence and an internal review team established by the Attorney General determined that attempting to address the allegations in this case could require the disclosure of intelligence sources and methods that are used in a lawful manner to protect national security. The administration cannot risk the disclosure of information that could cause such exceptional harm to national security.

While the assertion of states secrets privilege is necessary to protect national security, the intelligence community's surveillance activities are designed and executed to comply fully with the laws protecting the privacy and civil liberties of Americans. There is a robust oversight system to ensure this compliance.

A great catch from our old friend Greg Sargent over at the Plum Line...

Barack Obama's campaign website still cites the fact that "the Bush administration has ignored public disclosure rules and has invoked a legal tool known as the 'state secrets' privilege more than any other previous administration to get cases thrown out of civil court." The site declares: "Secrecy Dominates Government Actions."

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The latest score in NY-20 shows that Democrat Scott Murphy is currently ahead in this nail-biter of a result -- but if GOPer Jim Tedisco doesn't like it, he could just wait 15 minutes.

The official state results show that Murphy has taken an eight-vote lead as of 4:30 p.m. ET yesterday, as absentee ballots begin to be counted. However, there is some more recent data that shows Murphy's lead is actually somewhat larger at the moment.

Columbia County has provided their latest numbers to TPM, showing Murphy picking up another 15 net votes, on a 99-42 margin, compared to the 55-13 in the state's current tally of absentees from here. In addition, the Albany Times Union reports that Murphy has picked up 26 votes, an 88-62 margin, in Essex County.

So as of right now, Scott Murphy leads by 49 votes -- though there are still plenty of ballots left to count. (Late Update: Murphy's newest lead is 46 votes.)

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A congressional investigation released Thursday into a 2004 NASA study, which interviewed 30,000 pilots and was allegedly shut down by the FAA, failed to elaborate on the pilots' statements. The FAA reportedly stopped the study, claiming that the pilots over-reported instances where they hit large flocks of birds in the air, which caused a US Airways jet to land in the Hudson River in January. The investigation came to light in 2007, when the AP reported that it was shut down to avoid harming the FAA's image and profits. Rep. Bart Gordon (D-TN) told the AP that the study failed partially because it "didn't have the support it needed from the primary customer - the FAA." (AP)

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Obama Requests $83.4 Billion For Iraq And Afghanistan President Obama has requested $83.4 billion from Congress, for the wars in Iraq and Afghanistan, which would raise the total costs of the two wars to almost $1 trillion. The Associated Press notes that the request will disappoint the more anti-war Democrats, but at the same time the continued commitment to the withdrawal of combat troops means it is sure to pass without the legislative battles that occurred during the Bush Administration in 2007.

Obama Meeting With Top Economic Officials President Obama will be meeting at 11 a.m. ET with Treasury Sec. Tim Geithner, Federal Reserve Chairman Ben Bernanke, FDIC Chair Sheila Bair, SEC Chair Mary Shapiro and Comptroller of the Currency John Dugan. The group will update Obama on the current efforts to stabilize and repair the financial system, and afterwards Obama will deliver brief remarks to reporters after the meeting.

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Is the Obama administration mimicking its predecessor on issues of secrecy and the war on terror?

During the presidential campaign, Obama criticized Bush for being too quick to invoke the state secrets claim. But last Friday, his Justice Department filed a motion in a warrantless wiretapping lawsuit, brought by the digital-rights group EFF. And the Obama-ites took a page out of the Bush DOJ's playbook by demanding that the suit, Jewel v. NSA, be dismissed entirely under the state secrets privilege, arguing that allowing it go forward would jeopardize national security.

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In 2007 and 2008, when George Bush was still President, Democrats took a lot of heat from their supporters for their inability or unwillingness to end the war in Iraq. To the extent that they tried, though, the challenge within the party fell to leaders to convince their right flank to sign on to the efforts.

Now that a Democrat is president and the war in Iraq is (or at least seems to be) coming to an end, the situation's somewhat flipped. Obama wants to ramp up U.S. efforts in a different war and--with most Democrats in support, but without an exit strategy--the new challenge may lie in convincing their left flank to play along.

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The April 8 attack on the U.S.-flagged Maersk Alabama took place in waters off the East African coast, about 380 miles east of the Somali capital of Mogadishu. It is the latest by the Somali pirates, who have been in the national spotlight on and off over the last year. In late January, French marines received a distress call from The African Ruby alerting them to the presence of pirates in the Gulf of Aden, near Yemen. The marines intercepted the pirates' skiffs and arrested those on board (pictured here).


One of the suspected Somali pirates that was handed over by the French navy to Somali authorities is seen at the port of Bossaso, Somalia, on January 29.


The MV Faina - pictured here off the coast of Somalia on September 29, 2008 - is a Belize-flagged cargo ship carrying Ukrainian T-72 tanks and related equipment. The ship was attacked on September 28.

U.S. Navy

In April 2008, Somali pirates hijacked a luxury yacht with a crew 30-men strong. The French military launched a daring helicopter raid to release the hostages and seized six of the pirates. Here, crew members of the Ponant yacht make their way to boarding the Jean Bart navy frigate on April 11, 2008.

ECPAD/Sergent Dupont Sebastien/Abaca Press

French marines arrest a Somali pirate. The French naval presence in the area is part of an EU operation named "Atlanta," aimed at protecting merchant ships in the area from the mounting threat of pirates. According to the International Maritime Bureau, attacks increased by nearly 200% last year.


A U.S. Navy helicopter keeps watch on suspected pirates as the visit, board, search and seizure team prepares to apprehend them February 11, 2009, in the Gulf of Aden.

U.S. Navy/Jason R. Zalasky

French soldiers arresting presumed Somali pirates in the eastern part of the Gulf of Aden off the Somali coast. Eight pirates were apprehended while trying to hijack the Panamanian cargo vessel S. Venus.


A British journalist joins the HMS Northumberland in the Gulf of Aden on an anti-piracy operation. The frigate led an EU naval force hunting Somali pirates.


Suspected pirates surrender on February 11, 2009, in the Gulf of Aden.

U.S. Navy/Jason R. Zalasky

A sailor of the Ukrainian Faina ship captured by Somali pirates is welcomed home by relatives at the Kiev International Airport on February 13, 2009. Ukrainian sailors from a hijacked cargo ship arrived in Kiev after more than four months in the hands of Somali pirates.


Crewmembers from Marshall Islands-flagged cargo ship Motor Vessel Polaris climb aboard guided-missile cruiser USS Vella Gulf on February 11, 2009, in the Gulf of Aden, to identify suspected pirates.

U.S. Navy/Jason R. Zalasky

Seven suspected Somali pirates were handed over to the Kenyan authorities in the port city of Mombasa by the German navy on Wednesday, April 8, after being arrested on Sunday for attempting to hijack a German tanker.


U.S. Sailors aboard the USS Vella Gulf conduct bridge operations on February 11, 2009. Suspected pirates were apprehended by the ship's visit, board, search and seizure team in the Gulf of Aden.

U.S. Navy/Jason R. Zalasky

Richard Phillips, Captain of the U.S.-flagged Maersk, was taken hostage by pirates on April 8. The missile destroyer USS Bainbridge, pictured, was patrolling in the region and headed to the lifeboat to attempt to extract him. As of early afternoon on April 9, Captain Phillips is still captive.

U.S. Navy/Paul Farley