Two very different stories, but both with some startling parallels.

First, Radley Balko's story about how police and attorneys in Louisiana apparently flat out lied to claim that a process server "assaulted" a police officer he was serving (in a police brutality case, no less). There are lots of details there, but suffice it to say, the process server, Douglas Dendinger, did not assault Chad Cassard at all -- even though he was soon arrested for it, and Cassard managed to present seven witnesses (including police officers and two prosecutors who witnessed Dendinger serving the papers on Cassard). Dendinger went through two years of hell because of this, before the case was dropped when cell phone videos made by Dendinger's wife and nephew showed that there was no assault at all. Police and prosecutors lying to protect one of their own? Sure, it happens. But now that it's been exposed, Balko has an important question:

Why aren’t the seven witnesses to Dendinger’s nonexistent assault on Cassard already facing felony charges? Why are all but one of the cops who filed false reports still wearing badges and collecting paychecks? Why aren’t the attorneys who filed false reports facing disbarment? Dendinger’s prosecutors both filed false reports, then prosecuted Dendinger based on the reports they knew were false. They should be looking for new careers — after they get out of jail.

If a group of regular citizens had pulled this on someone, they’d all likely be facing criminal conspiracy charges on top of the perjury and other charges. So why aren’t these cops and prosecutors?

I could be wrong, but my guess is that they’ll all be let off due to “professional courtesy” or some sort of exercise of prosecutorial discretion. And so the people who ought to be held to a higher standard than the rest of us will once again be held to a lower one.

Second, we have last week's story about Total Wipes sending an automated takedown notice to Google demanding tons of perfectly legitimate, non-infringing web pages be taken out of Google's index for infringement. Total Wipes blamed it on a "bug" in its program, which would be more convincing if it hadn't happened before.

This second story has Rick Falkvinge, quite reasonably, wondering why the penalties for false takedowns aren't equivalent to the penalties for infringement, saying that this is the way it works in other parts of the law:

The thing is, this should not even be contentious. This is how we deal with this kind of criminal act in every – every – other aspect of society. If you lie as part of commercial operations and hurt somebody else’s rights or business, you are a criminal. If you do so repeatedly or for commercial gain, direct or indirect, you’re having your ill-gotten gains seized. This isn’t rocket science. This is standard bloody operating procedure.

The copyright industry goes ballistic at this proposal, of course, and try to portray themselves as rightsless victims – when the reality is that they have been victimizing everybody else after making the entire planet rightsless before their intellectual deforestation.

The irony is that at the same time as the copyright industry opposes such penalties vehemently, arguing that they can make “innocent mistakes” in sending out nastygrams, threats, and lawsuits to single mothers, they are also arguing that the situation with distribution monopolies is always crystal clear and unmistakable to everybody else who deserve nothing but the worst. They can’t have it both ways here.

Of course, his claim that this is true in "every" other area is proven somewhat false by the first story above. But the underlying factors in both cases are nearly identical, and it actually goes back to a previous concept that Falkvinge has written about: the "high court" and the "low court." The "nobility" gets a special court when they break the law, with limited consequences. The lowly commoners have to go to the "low court" where the consequences are quite severe. Falkvinge's original point is that we still seem to have the same thing today, and that's clearly shown in both stories above.

If you're in power, you can lie about things to accuse others of serious things that can have serious consequences for them, and there's no real punishment. Instead, it's brushed off as not being important -- sometimes with expressions of understanding about how "these things can happen." I'm reminded of the phrase that we "judge ourselves according to our intentions, but others based on their actions," and that seems to be partly at work here as well (though I question the "intentions" of the prosecutors who lied above). The lies are written off as minor "mistakes," whereas those accused are given no such benefit of the doubt. It's a big problem in the copyright space, certainly, but it's true in many other areas of society as well.

I don't care who you are (even, say… the government), but if you're going to tell two different versions of a story, it helps to not have both in print and publicly available.

Trevor Timm of the Freedom of the Press Foundation caught the DOJ spinning two different yarns for two different entities about its familiarity with the CIA Torture Report.

DOJ told NYT they read the full torture report. http://t.co/euLgn20u3l Then, DOJ swore in court they didn't. http://t.co/Lw0fjrEe2d Huh?

— Trevor Timm (@trevortimm) February 3, 2015

If you can't see the tweet, it says:

DOJ told NYT they read the full torture report

Then, DOJ swore in court they didn't.

Huh?

Included were links to the source material. In arguing for the continued withholding of the full version of the CIA report from the NYT, here's the DOJ telling the paper of record one thing:

The Justice Department said in a statement on Tuesday that its investigators had looked at the full version of the Senate Intelligence Committee report “and did not find any new information that they had not previously considered in reaching their determination,” adding that Mr. Durham’s “inquiry was extraordinarily thorough and we stand by our previously announced decision not to initiate criminal charges.”

And here it is in court, defending its withholding of the report from a different FOIA requester:

"None of the defendant agencies have freely used the Full Report; they have kept it stored in a [sensitive compartmented information facility], with limited access," the government’s declaration reads. "Neither [the Department of Justice] nor [the Department of State], moreover, has even opened the package with the disc containing the full Report. And CIA and [the Department of Defense] have carefully limited access to and made only very limited use of the Report."

In both cases, the DOJ is justifying continued secrecy, but in only one case does it claim to be intimately familiar with the subject matter. So, which version of the DOJ's story is true? One would hope the declaration before the court would be the truthful statement, but you know what they say about "wishing with one hand." By the time you've worked your way through that process, your faith in the government dies a little more and you've defecated in your own hand -- neither of which are pleasant outcomes.

The only certainty here is that the DOJ will say whatever it wants to say in order to further its position. And that position is: shut up and stop asking. We're not going to let you see the full Torture Report. Another powerful blow against for government secrecy has been struck by the Most Transparent Administration in History. You may now continue your wholly sarcastic chants of "USA! USA! USA!"

Ladies and gentlemen: your Federal Bureau of Investigation.

• Former FBI Guy Lies, Claiming New Mobile Encryption Would Have Resulted In Dead Kidnap Subject
• Court Slams FBI For Saying It's Okay For The Federal Government To Lie To A Court
• New Emails Show That Feds Instructed Police To Lie About Using Stingray Mobile Phone Snooping
• Your Word Against Ours: How The FBI's 'No Electronic Recording' Policy Rigs The Game... And Destroys Its Credibility
• FBI Made Up 'Threats' At Peace Rally, Lied To Congress To Justify Spying Activity

Eric McDavid was sentenced to nearly 20 years in prison for alleged eco-terrorism, becoming the first person ever indicted for ELF (Earth Liberation Front)-related charges. WAS. He's now free to continue his interrupted life, thanks to the FBI's dishonesty.

Then, the government changed its mind, conceding that thousands of pages of evidence that should have been given to McDavid's defense attorney years ago – including love notes to a young woman who turned out to be an FBI plant – had instead been secretly held in an FBI file in Sacramento until recently. The best course of action, the government ultimately decided, was to set McDavid free.

"I've never heard or seen of anything like this," said U.S. District Judge Morrison C. England Jr., who originally sentenced McDavid. The judge ordered him released in accord with an unusual agreement between prosecutors and his appellate attorneys.

The judge demanded answers from the prosecution as to how this could have happened. From what's reported by the Sacramento Bee, it appears those answers -- like the previously-missing evidence -- were nowhere to be found.

"I sat through the 10-day trial of Mr. McDavid," a clearly exasperated England said, sometimes stopping to hold his head in his left hand.

"I know he's not necessarily a choirboy, but he doesn't deserve to go through this, either. It's not fair."

Officials from the US Attorney's office joined Assistant US Attorney Andre Espinosa, but the brain trust came up with nothing.

Espinosa and John Vincent, chief of the U.S. attorney's criminal division, said the documents had remained in the FBI's possession in a file in Sacramento.

"We don't know exactly why they weren't turned over," Vincent told the judge.

Great answer. Even better, the government contends that even if it had managed to turn over the evidence in a timely fashion, it still probably could have secured a conviction. But actions speak louder than this attempt to wedge an undeserved last word in sideways. McDavid is a free man after pleading guilty to a single conspiracy charge. And even that's questionable. From what's been turned over, it appears McDavid was another one of the FBI's "homegrown terrorists."

Despite Thursday's guilty plea, his supporters say McDavid was never guilty of anything more serious than falling for a comely 18-year-old woman he met at an Iowa meeting in 2004, a woman who later prodded him to take violent action against government targets with promises that they would later consummate a romantic relationship.

The woman, named in court documents and at the trial only as "Anna," turned out to be an FBI informant and played a critical role in McDavid's arrest, as well as his release Thursday… Court documents spell out in detail how "Anna" provided money, transportation, housing and food to McDavid and his two co-defendants over an 18-month period, evidence his lawyers say shows the entire case was about entrapment rather than stopping terrorist attacks.

McDavid's lawyer got in his own last word, a bit more deserved than the US Attorney General's office.

"I hope she's not ruining someone else's innocent life."

Keep hope alive. This is has been the main component of the FBI's counterterrorism efforts: plots designed, built and put into motion by FBI informants and undercover agents, utilizing whatever weak-willed or weak-minded individuals they happen to talk into participating. Feeling any safer, America? Self-motivated terrorists roam free while the FBI plays dress-up with the easily-flattered and easily-duped.

The three targeted in this investigation were urged on by "Anna." None of them had previous convictions. The arrests followed the purchase of household chemicals, supposedly for bomb-making. This was the culmination of a two-year "investigation" during which "Anna" repeatedly pushed the three men towards bombing targets in the area. Much of what was presented to the jurors was personal testimony by Anna that could not be corroborated by video or audio recordings (Anna frequently wore a wire and many of the meetings took place in her cabin, which had surveillance cameras installed). So, the FBI presented plenty of hearsay while withholding thousands of pages of evidence. Our words against yours.

In the end, "our word" wasn't enough. McDavid -- more lovestruck fool than eco-terrorist -- is free and the world is no more dangerous than it would have been if he was incarcerated. Any bets that the FBI will be more forthcoming in the future? I'm guessing it won't. Why should it? All it lost here was someone it had groomed for arrest. It didn't lose a threat, or a public enemy. Win a few, lose a few. It will continue to play terrorist charades because it pays as much as real investigative work, but has a much higher chance of success.

Former CIA director Michael Hayden warned anyone who would listen that the release of the Torture Report would turn our enemies against us… or further against us, or something. He also claimed that he and the CIA had been generally forthright and open about this program over the past several years.

"To say that we relentlessly, over an expanded period of time, lied to everyone about a program that wasn't doing any good, that beggars the imagination," Hayden said on CBS's "Face the Nation."

Well... Prepare to have your imaginations beggared! Here's Michael Hayden's relentless lies, told over an expanded period of time, about a program that wasn't doing any good, as documented in the Senate Committee's report. [pdf link]

Briefings to the full Committee beginning on September 6, 2006, also contained numerous inaccuracies, including inaccurate descriptions of how interrogation techniques were applied and what information was obtained from CIA detainees. The CIA misrepresented the views of members of Congress on a number of occasions. After multiple senators had been critical of the program and written letters expressing concerns to CIA Director Michael Hayden, Director Hayden nonetheless told a meeting of foreign ambassadors to the United States that every Committee member was "fully briefed," and that "[t]his is not CIA's program. This is not the President's program. This is America's program." The CIA also provided inaccurate information describing the views of U.S. senators about the program to the Department of Justice.

---

A February 2007 report from the International Committee of the Red Cross (ICRC), which the CIA acting general counsel initially stated "actually does not sound that far removed from the reality" was also criticized. CIA officers prepared documents indicating that "critical portions of the Report are patently false or misleading, especially certain key factual claims. CIA Director Hayden testified to the Committee that "numerous false allegations of physical and threatened abuse and faulty legal assumptions and analysis in the [ICRC] report undermine its overall credibility.'"

Hayden's claim of "faulty assumptions" sounds familiar. Here's his opening salvo from a Wall Street Journal editorial in defense of the program.

The committee has given us instead a one-sided study marred by errors of fact and interpretation—essentially a poorly done and partisan attack on the agency that has done the most to protect America after the 9/11 attacks.

Nice touch, the "partisan" thing. Distracts people from the real issue. (See also: the abysmal comment section following the editorial.) Back to Hayden's inaccuracies.

In December 2003, a CIA Station overseeing CIA detention operations in Country [x] informed CIA Headquarters that it had made the "unsettling discovery" that the CIA was "holding a number of detainees about whom" it knew "very little," Nearly five years later, in late 2008, the CIA attempted to determine how many individuals the CIA had detained. At the completion of the review, CIA leaders, including CIA Director Michael Hayden, were informed that the review found that the CIA had detained at least 112 individuals, and possibly more.

CIA Director Hayden typically described the program as holding "fewer than a hundred" detainees. For example, in testimony before the Committee on February 4, 2008, in response to a question from Chairman Rockefeller during an open hearing, Hayden stated, "[i]n the life of the CIA detention program we have held fewer than a hundred people." {See DTS #2008-1140.) Specific references to "98" detainees were included in a May 5, 2006, House Permanent Select Committee on Intelligence (HPSCI) report on Renditions, Detentions and Interrogations.

To Michael Hayden, this margin of error was acceptable.

According to tlie CIA's June 2013 Response, "Hayden did not view the discrepancy, if it existed, as particularly significant given that, if true, it would increase the total number by just over 10 percent."

Even so, he then directed a CIA officer to alter reality to match his well-worn claim of 98 detainees

According to an email summarizing the meeting, CIA Director Hayden instructed a CIA officer to devise a way to keep the number of CIA detainees at the same number the CIA had previously briefed to Congress. The email, which the briefer sent only to himself, stated:

"I briefed the additional CIA detainees that could be included in RDI numbers. DCIA instructed me to keep the detainee number at 98 ~ pick whatever date i [sic] needed to make that happen but the number is 98."

Moving on...

Contrary to statements later made by CIA Director Michael Hayden and other CIA officials that "[a]ll those involved in the questioning of detainees are carefully chosen and screened for demonstrated professional judgment and maturity, CIA records suggest that the vetting sought by [redacted] did not take place.

---

In testimony on April 12, 2007, CIA Director Michael Hayden referenced medical care of detainees in the context of the ICRC report on CIA detentions. Hayden testified to the Committee; "The medical section of the ICRC report concludes that the association of CIA medical officers with the interrogation program is 'contrary to international standards of medical ethics.' That is just wrong. The role of CIA medical officers in the detainee program is and always has been and always will be to ensure the safety and the well-being of the detainee. The placement of medical officers during the interrogation techniques represents an extra measure of caution. Our medical officers do not recommend the employment or continuation of any procedures or techniques. The allegation in the report that a CIA medical officer threatened a detainee, stating that medical care was conditional on cooperation is blatantly false. Healthcare has always been administered based upon detainee needs. It's neither policy nor practice to link medical care to any other aspect of the detainee program." This testimony was incongruent with CIA records.

---

CIA Director Hayden prepared a statement that relayed, "despite what you have heard or read in a variety of public fora, these [enhanced interrogation] techniques and this program did work." The prepared materials included inaccurate information on the operation and management of the CIA's Detention and Interrogation Program, as well as the same set of examples of the "effectiveness" of the CIA's enhanced interrogation techniques that the CIA had provided to policymakers over several years. The examples provided were nearly entirely inaccurate.

---

Similarly, CIA Director Michael Hayden represented to the Committee on April 12, 2007, that "KSM also provided the first lead to an operative known as 'Issa al-Hindi,' with other detainees giving additional identifying information." The CIA provided similar inaccurate representations regarding the thwarting of the United Kingdom Urban Targets Plot and the identification and/or arrest of Dhiren Barot, aka Abu Issa al-Hindi, in 17 of the 20 documents provided to policymakers and the Department of Justice between July 2003 and March 2009.

---

The CIA represented that CIA detainee Abu Zubaydah provided "important" and "vital" information by identifying Khalid Sheikh Mohammed (KSM) as the mastermind behind the attacks of September 11, 2001 CIA Director Hayden told the Committee on April 12, 2007, that:

"..it was Abu Zubaydah, early in his detention, who identified KSM as the mastermind of 9/11. Until that time, KSM did not even appear in our chart of key al-Qa'ida members and associates."

On at least two prominent occasions, the CIA represented, inaccurately, that Abu Zubaydah provided this information after the use of the CIA's enhanced interrogation techniques.

---

On November 16, 2006, CIA Director Hayden briefed the Committee. The briefing included inaccurate information, including on the CIA's use of dietary manipulation and nudity, as well as the effects of sleep deprivation.

---

Director Hayden testified that detainees were never provided fewer than 1,000 calories a day. This is inaccurate. There were no calorie requirements until May 2004, and draft OMS guidelines from March 2003 indicated that "[b]rief periods in which food is withheld(1-2 days), as an adjunct to interrogations are acceptable."

---

Director Hayden testified that detainees were "not paraded [nude] in front of anyone," whereas a CIA interrogator told the inspector general that nude detainees were "kept a center area outside the interrogation room," and were "'walked around' by guards.'"

---

February 14, 2007, during a hearing on CIA renditions, Director Hayden provided inaccurate information to the Committee, to include inaccurate information on the number of detainees held by the CIA.

---

At the April 12, 2007, hearing, Director Hayden verbally provided extensive inaccurate information on, among other topics: (1) the interrogation of Abu Zubaydah, (2) the application of Department of Defense survival school practices to the program, (3) detainees' counter-interrogation training, (4) the backgrounds of CIA interrogators, (5) the role of other members of the interrogation teams, (6) the number of CIA detainees and their intelligence production, (7) the role of CIA detainee reporting in the captures of terrorist suspects, (8) the interrogation process, (9) the use of detainee reporting, (10) the purported relationship between Islam and the need to use the CIA's enhanced interrogation techniques, (11) threats against detainees' families, (12) the punching and kicking of detainees, (13) detainee hygiene, (14) denial of medical care, (15) dietary manipulation, (16) the use of waterboarding and its effectiveness, and (17) the injury and death of detainees.

---

At the CIA briefing to the Committee on December 11, 2007, Director Hayden testified about: (1) the information provided to the White House regarding the videotapes, (2) what the tapes revealed, (3) what was not on the tapes, (4) the reasons for their destruction, (5) the legal basis for the use of the waterboard, and (6) the effectiveness of the CIA's waterboard interrogation technique. Much of this testimony was inaccurate or incomplete.

This certainly seems like the record of relentless lying over a period of several years, contrary to Hayden's assertions. There are a few ways of viewing this, none of which cast Hayden in a flattering light. Given the comprehensive detailing of his inaccurate statements delivered as the director of the CIA, you have to assume he's either a) a liar or b) incompetent. Even if he lied to (in his mind) protect America, he still lied. Given other statements he's made about the supposed value of the program, the pendulum swings towards "liar."

He lied to protect a program he thought was valuable, even when the CIA's own documents and findings contradicted this belief. The pendulum swings toward "incompetent," but doesn't quite make it that far. There's far too much calculation lying below the obfuscation to believe Hayden didn't know exactly what he was doing when he spent briefing after briefing and hearing after hearing lying to his overseers about the extent of the program and the hideous details he was actively hiding from them.

It would almost seem as though Hayden's concerns about the safety of the country are simply a projection of his concerns about what the report reveals about him. This is the guy who wants the public to believe the CIA was screwed by a partisan hatchet job and that domestic surveillance programs are every bit as necessary as torture when it comes to hunting down terrorists. But his own words and actions show he shouldn't be trusted with an op-ed, much less the safety of American people.

Back in October, we wrote about the appeal on the legality of National Security Letters (NSLs), which are secretive filings from law enforcement demanding information with a perpetual gag order. In 2013, a district court had declared that NSLs were unconstitutional, but stayed that decision pending appeal. While the appeals court judges seemed skeptical, it still wasn't clear how they would rule. So it's interesting to see that the Justice Department has just admitted that it misled the court on some rather important points during the oral arguments.

In particular, with regards to the First Amendment question, the DOJ had insisted that companies could discuss the "quality" of the NSLs it had received, explaining it this way:

There is a category that the deputy attorney general provided that recipients can make disclosures and there is a category of 0-249 so recipients can disclose that. They’re allowed to disclose within these bands. And they can fully participate in the public debate, they can say as we have disclosed we’re in that band 0-249 and it can say the very things that [EFF Senior Staff Attorney Kurt Opsahl] said they can’t. They can say and we think the government is asking for too much in many of the NSLs we received and we want to talk to our fellow recipients and see if they too have felt that there’s too much and we think Congress ought to do something about that. They can do all of that. There’s nothing that says that they can’t comment, they’re allowed to make specific comments about quantity, there’s absolutely no ban on them commenting on the quality of those they’ve received.

Except that's not true, and it was clearly not true at the time. The EFF asked the DOJ to explain this statement in light of other statements that completely contradicted that claim, and suddenly the DOJ realized that it had been lying to the court on a rather important point. So it has now retracted those comments, claiming they were an "inadvertent misstatement."

In the course of discussing disclosures described in this letter, approximately 49 minutes into the Court's recording of the argument, government counsel indicated that if a company discloses that it is in one of these two bands starting with zero, it could publicly discuss the fact that it had received one or more NSLs and could discuss the quality of the specific NSL(s) that it had received.

That suggestion was mistaken. The district court correctly noted that “the NSL nondisclosure provisions . . . apply, without distinction, to both the content of the NSLs and to the very fact of having received one." .... The fact that a company may disclose that it has received 0 - 249 national security processes or 0 - 999 NSLs in a given period does not, by itself, allow that company to disclose that it has actually received one or more NSLs; the lower end of these bands was set at 0, rather than 1, in order to avoid such disclosures.

That last point is pretty interesting and probably explains why the Apple warrant canary changed. It wasn't about NSLs, but Patriot Act Section 215 requests (bulk records requests), but those fall into the "national security processes" list. So, it certainly sounds like Apple may have "violated" that agreement by originally saying it had received none, and once alerted to this fact, adjusted its language.

But, that's kind of crazy, and reveals just how problematic this setup is. Basically, the DOJ seems to be arguing that even if you haven't received any such requests, you can't say so, because you can only say within the 0 to 249 category. Thus, the DOJ appears to believe that all companies are bound by a gag order that they never received. Now that creates a rather serious First Amendment issue...

I really thought we were done writing about Walter O'Brien -- the claimed "inspiration" for the TV show Scorpion. We already wrote two separate posts detailing the questionable, unbelievable or obviously false claims that he has made recently. And we did another post calling out the "professional journalists" who simply repeated his claims without any skepticism. And, once again (since this comes up every time), I have absolutely no problem with CBS making whatever TV show they want. The problem I have is with O'Brien using the obviously bogus claims to try to build a business on false premises, leading people to believe that giving him money will get you results not unlike those in the obviously farcical TV series.

In that last post, we noted that a couple of the journalists who had originally written fawning profiles had taken the concerns to heart and had tried to reach out to O'Brien to respond about the inconsistencies. Susan Karlin, at Fast Company, had written a profile about O'Brien that repeated many of the claims. When many of us raised questions, that story was briefly dropped behind an unimpeachable paywall (it said it was behind the paywall, but offered no way to pay) and then reemerged with a note acknowledging the questions raised and saying that Karlin was reaching out to O'Brien for a followup. We were skeptical that any followup would happen, but alas, late last week Karlin had a new story describing O'Brien's weak attempts at responding to the questions about his life story.

It appears he avoided most of the really damning stuff -- ridiculously claiming that "non-disclosure agreements" prevented him from discussing them. On the IQ question:

IQ: Regarding his absence from IQ lists, O'Brien wrote: “I was about nine years old when a teacher administered my IQ test," said O'Brien. "Unfortunately, as I was nine, I didn't know that I needed to keep the paperwork for future reference.”

O'Brien did not respond to a follow-up question asking, since he was using his IQ as a marketing element, why he didn’t later take a Mensa-endorsed test in case that figure got challenged.

First off, this proves what we said in our last post, that all of his claims about being "the fourth smartest" are complete bunk. Elsewhere, he had admitted that it was the Stanford-Binet test he took. At age 9, in 1983, the version of the Stanford-Binet that was out was known as the L-M version (two versions ago), in which the scores were not based on standard distributions, but rather a ratio scoring system (i.e. "this score at this age, compared to a normal person at this age"). And yet, to back up his claim of being the 4th smartest, he pointed to this chart, which uses the modern Stanford Binet "standardized" scoring system to compute "rarities." So he's mixing his metrics. Worse, research has shown that scores on the L-M test (especially at the high end) correspond to lower scores on the current Stanford-Binet test (SB5). So, even if the test was accurate, his score would be lower. On top of that, all the test showed was that at age 9 Walter was probably much brighter than other kids his age. It means nothing about him being particularly smart today. At the very least, for someone who puts so much weight on his IQ score and claims to be so smart, you'd think maybe (just maybe) he'd actually have a working understanding of how IQ scores work.

O'Brien did clear up some of the inconsistencies about his appearance in the International Olympiad in Informatics in Argentina, showing that he absolutely did attend (he has a "participant" certificate). O'Brien completely ignored the question about why his visa application to come to the US claims he came in 6th place in that competition, when it's clear he did not. At best there are reports that he came in 90th, though the explanation for why that 90th place doesn't show on the website for the Olympiad doesn't make much sense:

“The application from Ireland to compete had just missed the cut-off deadline,” said O’Brien. “We applied for an exception and it was granted, that's why Ireland doesn't appear in the registry, but did compete, and I certainly was there.”

But, clearly, the website was updated after the competition to show who won, so it's difficult to understand why they did not add his results.

O'Brien does admit to having faked the picture of the headquarters, as we pointed out, but says that the company was run virtually and he never thought people would think it was real:

Regarding the Photoshopped German building, he added, “I apologize if the building image on the website was misleading, as it was just a cool graphic that our website designer provided years ago. To me it was clearly a made up image since it has a large scorpion tail reflected in the glass and no sky in the background, but I can see how you could think it was our headquarters.”

Regarding the bogus number of 2600 employees and the UPS Store as his address:

O’Brien said Scorpion was run virtually, to reduce overhead, utilizing approximately 2,600 pre-screened independent contractors on an as-needed basis to solve large software problems for companies, individuals, and governments. “Most of our systems are either in the cloud (like Amazon's) or at a large customer's data center (like a military base), so we spend our time either at a customer site or telecommuting from our laptops,” he said. "Because we are virtual (and for security reasons), as with many companies, we use a P.O. box for our address.”

I'm all for virtual businesses running online, but there is no business in the world making over a billion dollars that can run entirely virtually without at least some semblance of a real office -- and various stories have claimed that Scorpion makes over a billion dollars in revenue. You don't run a billion dollar business out of a UPS store box. No one does. Small businesses run out of such things -- which is great for them. It's logistically impossible to run a large business that way.

The "2,600 pre-screened independent contractors" excuse is also bogus. First of all, I'm quite familiar with the expert network business, and I've never seen an expert network so careless as to come even close to suggesting that the network members are the equivalent of employees. But, more importantly, with every expert network, it's very common for the members of that network to promote that they're members on things like LinkedIn. And yet, it seems that almost none of these folks associated with Scorpion do so. It's possible that the rolodexes of the very small number of people (it appears to be less than 10) who actually do work at Scorpion may total up to 2600 people, but that's a very misleading way to promote the business.

Speaking of incredibly misleading ways to promote your business, O'Brien also responds to the hilarious claim that Scorpion was a venture fund with $204 billion under management:

O’Brien also stood by the $204 billion venture fund. That figure “was true at the time,” said O’Brien. “That statement simply referred to the total net worth of all the investors and venture capitalists that Scorpion had a relationship with and often hire Scorpion for due diligence. This is collectively referred to as a fund source as we are allowed to show these investors any new companies or inventions that we thought were worth the investors taking a closer look at.”

That's bordering on fraud -- to the point that it seems like the SEC might be interested. You don't get to claim "because I sometimes work with these investors, I can claim to have a fund worth the value of all their assets."

He also never bothers to explain why -- if he was managing a fund with over $200 billion and building up a company with over $1 billion in revenue (out of a UPS store) and 2,600 "independent contractors" -- he was still working a day job doing QA for The Capital Group.

Karlin also turns up some other lies from O'Brien that we had missed. O'Brien claimed that the following happened back in 1992:

1992 Presented A.I. discoveries, Invited to speak at the Artificial Intelligence and Cognitive Science conference at the University of Limerick (A.I.C.S.), by special invite from Dr. Padraig Cunningham. The youngest Scientist ever invited to present his SPEAKART project. This project was a fifth generation computer application, in the Dublin Hitachi research lab which resulted in being offered an apprentice position at HITACHI.

Karlin contacted Dr. Cunnigham and found a rather different story:

“That’s not true that I invited him to speak,” said Padraig Cunningham, now a professor in computer science at University College in Dublin, when contacted by Fast Company. “And he wasn’t offered an apprentice position at the Hitachi Dublin lab. I’d just finished working there in September, 1992, and he was not offered a job.

“I Googled his name and found this softer version of events in a news article published on one of his sites,” he added. (It reads: “Later that year [1992] Dr. Padraig Cunningham of T.C.D. invited him to attend the two-day Artificial Intelligence and Cognitive Science Conference in Limerick University.”)

“It appears he later hardened his claims that he was invited to speak and got a position at Hitachi,” said Cunningham. “This is a really old item, but it’s consistent with the idea that he’s become more effusive about his claims.”

This is the same thing that seems to keep coming up with O'Brien. He takes snippets of reality and extends and extends and extends those claims, embellishing the story each and every time. Being invited to attend a conference eventually turns into being invited to speak and then into getting a job.

In regards to all the other obviously bogus claims -- including the ones about "catching the Boston Marathon bombers," stopping wars, having his software misused leading to 2,600 civilian casualties in the Gulf War (yes, same number of "independent contractors" he now claims to have), stopping soldiers in Afghanistan from drinking water laced with arsenic from local drug lords... O'Brien doesn't want to respond to any of it.

“Much of our company’s work, especially with military/government clients is subject to strict Non-Disclosure Agreements, so we can’t say more than has been cleared for news.

“I’ve answered all the questions I have time to right now,” he replied in response to follow-up questions. “All that remains to be said is that I’m proud of and stand by my career, my company, and all the good we have done.”

It appears the strict non-disclosure agreements allow him to promote things that are extraordinarily dubious (and debunked by other information), but not to actually present any evidence to confirm. How convenient.

We've been writing a bit about CIA director John Brennan and his continuing to misrepresent the truth and outright lie. As you probably know, back in March, Senator Dianne Feinstein revealed that the CIA had spied on the computer network being used by the Senate Intelligence Committee to investigate the CIA's torture program. As Feinstein revealed, while the computers had been set up by the CIA (for security reasons), there was a written agreement that everything on them would be considered the Senate's, and that the CIA was not to look at them. The CIA violated this agreement, after realizing (upon being questioned in a Senate hearing) that the Senate had in its hands a draft of the so-called "Panetta Report" -- an internal review of all the documents the CIA had given to the Senate staffers, which more or less confirmed all their findings about the CIA torture program. Apparently, the CIA never intended to turn over that report to the Senate staffers, but did. Rather than realize its mistake, the CIA then snooped on the network and more, including Senate staff emails.

When Feinstein first revealed this, Brennan insisted:

"Let me assure you the CIA was in no way spying on [the committee] or the Senate."

That was a lie. Soon after, Brennan tried to release his side of the story, which we noted actually appeared to confirm nearly all of the details of Feinstein's story. And yet, the mainstream press dutifully reported that Brennan had "denied" Feinstein's claims. He did not. He denied claims she did not make in a such manner as to look like he was denying her actual charges.

After the CIA's Inspector General Report came out, confirming all of Feinstein's claims (and much more, including that Brennan's CIA had further misrepresented the truth in trying to claim that it was the Senate staffers themselves who had broken the law), Brennan sent an apology letter. And yet, he's spent the last few weeks denying he lied, claims that are completely undermined by the CIA itself.

So here's the thing: why won't the press say that Brennan lied?

Dan Froomkin, over at the Intercept, recounts most of this history in what he calls an "anatomy of a non-denial denial," and then raises the point of why won't the press actually call out Brennan for lying:

The reason you so infrequently see the word “lie” in elite media news stories is that the editors generally take the position that even when someone has said something clearly not true, a reporter’s use of the word “lie” — rather than, say, “misspoke” or “was incorrect” — requires knowledge of the subject’s intent to deceive. And a fair-minded journalist, they argue, can’t be sure what’s going on in someone else’s head.

But when someone who has so clearly uttered a non-denial denial has to go back and explain how he intentionally responded to an accusation in a very circumscribed or elliptical way, and how that answer was mischaracterized as a denial — and how he made no attempt to correct the record – isn’t that prima facie evidence of intent to deceive?

Even though the non-denial denial isn’t in itself strictly speaking a lie, when examined in context, isn’t that exactly what it is?

Froomkin notes, (as we did at the time in part, thanks to his own research) that most of the press just ate up Brennan's initial denial (which, as we stated, actually confirmed the details, while denying stuff Feinstein did not accuse the CIA of doing). Only a few put in some caveats:

Politico, the New York Times, Reuters and the Wall Street Journal all pretty much cast Brennan’s statements as a blanket denial.

But I was pleasantly surprised by the AP (“He denied that the CIA ‘hacked’ into the computer network in remarks on Tuesday but did not address the question of a search”) and the Los Angeles Times (he offered carefully worded remarks that did not dispute the actions Feinstein said had taken place, but did deny that they constituted ‘spying’ on the Senate.”)

But, as he notes, it didn't matter. Brennan got what he wanted. People thought he denied it, and now he can deny denying it, and pretend he's been telling the truth all along, when he's been doing nothing but deceiving pretty much everyone to avoid admitting the truth. That's called lying. And the press should call it that.

Froomkin dreams of a day when the non-denial denial is no longer an effective tool -- and for that to happen, the press will need to actually not fall for tricks like this. And they could start by calling a lie a lie.

Last week, we wrote about how CIA boss John Brennan was trying to do a bit of history rewriting concerning the CIA's spying on Senate staffers' computers. As you may recall, when the allegations first came out, Brennan insisted:

"Let me assure you the CIA was in no way spying on [the Senate Intelligence Committee] or the Senate."

Except, back in July, the CIA's Inspector General put out a report that not only confirmed the story, but showed that the spying was even worse than initially detailed. At the time, Brennan apparently apologized to Feinstein, but things have heated up recently, after Brennan further refused to reveal to the Senate who authorized the spying.

Now Brennan is continuing to try to spin the story, angrily hitting back at the reports out there. First up, he tries to spin that quote above by claiming the context was different:

“This is part of the mischaracterizations. The Council on Foreign Relations, [moderator] Andrea Mitchell, said, did in fact CIA officers hack into the Senate computers to thwart the investigation on potential interrogation? Thwart the investigation, hacking in – no, we did not, and I said that’s beyond the scope of reason."

But, no, what he actually said is that "the CIA was in no way spying on [the Senate Intelligence Committee] or the Senate." It wasn't about thwarting an investigation. He made a definitive statement about the spying. And that was a lie.

From there, he tries to spin the spying away as well, with his new go to line about those computers being CIA computers, so they had every right to search them:

“When the inspector general determined that based on the common understanding between the CIA and the [committee] about this arrangement of computers, that our officers had improperly accessed it, even though these were CIA facilities, CIA computers, and CIA had responsibility for the IT integrity of the system, I apologized to them for any improper access that was done, despite the fact that we didn’t have a memorandum of agreement.

“What I’ve said to the committee and others is that if I’ve done something wrong, I’ll stand up and admit it, but I’m not going to take, you know, the allegations about hacking and monitoring and spying and whatever else, no. … When I think about that incident, I think there are things on both sides that need to be addressed.”

Except, of course, if you read what Feinstein actually said, she indicates that there was an agreement, and the agreement meant the CIA wouldn't touch those machines.

Director Panetta proposed an alternative arrangement: to provide literally millions of pages of operational cables, internal emails, memos, and other documents pursuant to the committee’s document requests at a secure location in Northern Virginia. We agreed, but insisted on several conditions and protections to ensure the integrity of this congressional investigation.

Per an exchange of letters in 2009, then-Vice Chairman Bond, then-Director Panetta, and I agreed in an exchange of letters that the CIA was to provide a “stand-alone computer system” with a “network drive” “segregated from CIA networks” for the committee that would only be accessed by information technology personnel at the CIA—who would “not be permitted to” “share information from the system with other [CIA] personnel, except as otherwise authorized by the committee.”

So, first off, Brennan appears to be lying that there was no agreement concerning that. But he's also misleading in other ways, since it was just a few months ago that the CIA itself insisted that it wasn't allowed to search those computers.

Senator Ron Wyden points our attention to a declaration from Neal Higgins, director of the CIA's "Office of Congressional Affairs" in a FOIA lawsuit brought by the ACLU demanding the CIA release the Senate Intelligence Committee's terror report. In that declaration, Higgins insists that the works on those computers are not the CIA's and the CIA cannot access them, contradicting the new story from Brennan's latest spin attempt. In fact, Higgins confirms Feinstein's claim that there was a clear agreement between the Senate and the CIA concerning these computers.

One key principle necessary to this inter-branch accommodation, and a condition upon which SSCI insisted, was that the materials created by SSCI personnel on this segregated shared drive would not become “agency records” even though this work product was being created and stored on a CIA computer system. Specifically, in a 2 June 2009 letter from the SSCI Chairman and Vice Chairman to the CIA Director, the Committee expressly stated that the SSCI’s work product, including “draft and final recommendations, reports or other materials generated by Committee staff or Members, are the property of the Committee” and “remain congressional records in their entirety.”

The SSCI further provided that the “disposition and control over these records, even after the completion of the Committee’s review, lies exclusively with the Committee.” As such, the Committee stated that “these records are not CIA records under the Freedom of Information Act or any other law” and that “[t]he CIA may not integrate these records into its records filing systems, and may not disseminate or copy them, or use them for any purpose without prior written authorization from the Committee.” Finally, the SSCI requested that in response to a FOIA request seeking these records, the CIA should “respond to the request or demand based upon the understanding that these are congressional, not CIA, records.”

So, we have both the Senate and the CIA admitting that there was an agreement that these systems were under Senate control and that both would treat the content on those machines as being the Senate's property.

In other words, Brennan is now lying again to try to rewrite history concerning the original lie. That's fairly impressive, but as Senator Wyden notes, it just highlights the culture of lying that has become pervasive at the CIA. You lie. Then you get caught and you apologize, but a few months later you lie again to pretend you never lied originally. But the facts here are clear. The CIA spied on the Senate, despite an agreement between the two that what's on these computers was to be considered the Senate's alone, even if the equipment was set up by the CIA. Then the CIA got caught. And now Brennan is lying again in pretending there was no agreement, even though someone who works for him already admitted that there was just such an agreement.

But, of course, in this administration, apparently flat-out lying is not grounds for losing your job.

Apparently the US intelligence community has decided that they should start trying to totally rewrite the history of two of its top officials directly lying to Congress. First up: Director of National Intelligence (DNI) James Clapper. This lie is the famous one, in which while testifying before Congress, Senator Ron Wyden engaged in this exchange:

Wyden: Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?

Clapper: No sir.

Wyden: It does not?

Clapper: Not wittingly. There are cases where they could, inadvertently perhaps, collect—but not wittingly.

At first, Clapper denied lying, saying he merely misunderstood the question, and thought it was about "voyeuristically" poring through emails. But the question is pretty explicit: "any type of data at all." Later, Clapper changed his story to claim that he did understand the question, but was taken off guard by it and gave "the least untruthful answer" he could. At that point, Wyden pointed out that he had actually given Clapper the questions a day earlier and then reached out to his office after to confirm that his answers were accurate, leaving Clapper plenty of opportunity to correct his error -- but Clapper did not. At that point, Clapper finally admitted he had lied and gave a semi-apology to Wyden, saying: "mistakes will happen, and when I make one, I correct it."

Except, now, over a year later, Clapper is back to denying that he lied. Before a "friendly" audience of defense and intelligence contractors (one of the questions to him started out, "You have a very supportive private sector in front of you..."), Clapper again pretended that he never lied to Congress at all. Even worse, he did so while introducing new "principles of professional ethics" for the intelligence community, and arguing that he did so because of the awful situation he endured when he was falsely accused of lying:

“When I got accused of lying to congress because of a mistake ... I had to answer on the spot about a specific classified program in a general, unsecure setting.”

Except, almost none of that is true. It wasn't on the spot. Wyden gave him the questions a day earlier. He didn't have to answer the question (before and since that questioning, Clapper and others have responded to nearly identical questions by saying they could only give details in a classified setting). And, again, Wyden gave Clapper a chance to correct the answer via a letter, and Clapper stood by the original letter. In other words, he lied. He flat out lied. And then he stood by it afterwards when he had a chance to correct the lie. And now he's lying about the lying. Oh, and as for the new "ethics" principles? 1) mission; 2) truth; 3) lawfulness; 4) integrity; 5) stewardship; 6) excellence; and 7) diversity.

And just to add to this mess, Clapper also claimed that the intelligence community has not been shown to have violated the law. That's also flat out false. Both a federal judge and the federal government's privacy and civil liberties oversight board (PCLOB) found the program unconstitutional and illegal.

Moving on, we've got CIA director John Brennan. After the big mess with Senator Dianne Feinstein accusing the CIA of spying on Senate staffers, Brennan tried to deny it (while his denials more or less confirmed the facts). However, he specifically told reporters:

"Let me assure you the CIA was in no way spying on [the Senate Intelligence Committee] or the Senate."

He also claimed that "when the facts come out on this," those who claimed that there was "spying" by the CIA "will be proved wrong." Fast forward a few months and the CIA's Inspector General confirmed everything in Feinstein's story, leading Brennan to apologize to Feinstein. In fact, the full CIA report revealed that the spying was even worse than Feinstein initially detailed.

And... guess what? Brennan is now denying he lied. At the very same conference he pulled a "who, me?" routine:

"Thwart the investigation? Hacking in? We did not."

Note that he's parsing words carefully. He's focusing on "thwarting the investigation" and "hacking" in -- though that depends on your definition of hacking. Under the DOJ's definition, what the CIA did was clearly hacking. It's why Senators Wyden and Udall asked Brennan about whether or not the US hacking statute, the CFAA, applied to the CIA. Because the CIA clearly was unauthorized to access the Senate staffers' network, based on a previous fight with the Senate Intelligence Committee, as detailed by Feinstein when she revealed the details:

Per an exchange of letters in 2009, then-Vice Chairman Bond, then-Director Panetta, and I agreed in an exchange of letters that the CIA was to provide a “stand-alone computer system” with a “network drive” “segregated from CIA networks” for the committee that would only be accessed by information technology personnel at the CIA—who would “not be permitted to” “share information from the system with other [CIA] personnel, except as otherwise authorized by the committee.”

Yet, now Brennan is twisting the story, to say that there was no hacking because they were the CIA's computers all along:

On Thursday, he pointed out the computers technically belonged to the CIA, even though they had been partitioned to create private work space for the Senate staffers.

There was more hairsplitting when he explained his apology. “I apologized then to them for any improper access that was done, despite the fact that we didn’t have a memorandum of understanding.”

Again, that directly contradicts reality. We'll see if Feinstein decides to respond to all of this, but Senator Wyden already has with a bit of internet slang in this hilarious tweet: If you can't see it, that's Wyden's press office linking to one of these stories, saying "smh" which is internet shorthand for "shaking my head."

In the wake of the shooting of Michael Brown, the Ferguson Police made several ill-advised moves. The biggest was the paramilitary force that greeted protests, looking for all the world like a unit flown in from Kabul, followed shortly thereafter by the detainment of several journalists. The decision to withhold the officer's name was also received poorly, but this was complicated by one baffling move -- the release of a store surveillance tape that appeared to show Brown stealing cigarillos from a local store shortly before he was shot dead.

This tape's release was purely self-motivated. Even the Dept. of Justice -- which had stepped in shortly after everything went to hell in Ferguson -- advised against it. The only conceivable reason for the release was a post-facto "justification" of Officer Darren Wilson's decision to shoot an unarmed man several times.

But the Ferguson PD tried to cover up this motivation. Matthew Key at TheBlot has dug into the events surrounding the release of the surveillance tape and found nothing but Ferguson PD lies.

The chief of police for the Ferguson Police Department misled members of the media and the public when he asserted that his hand was forced in releasing surveillance footage that purported to show 18-year-old resident Michael Brown engaged in a strong-arm robbery at a convenience store minutes before he was fatally shot by a police officer.

The tape -- released on the same day the PD belatedly revealed the name of the officer who shot Brown -- was supposedly released as the result of "multiple" FOIA requests from journalists and other citizens.

“We’ve had this tape for a while, and we had to diligently review the information that was in the tape, determine if there was any other reason to keep it,” Jackson said at the press event. “We got a lot of Freedom of Information requests for this tape, and at some point it was just determined we had to release it. We didn’t have good cause, any other reason not to release it under FOI.”

But another FOIA request exposed this claim for what it is. TheBlot used a FOIA request to obtain all FOIA requests sent to the Ferguson PD. And it couldn't find a single one that specifically requested that tape.

Last month, TheBlot Magazine requested a copy of all open records requests made by members of the public — including journalists and news organizations — that specifically sought the release of the convenience store surveillance video. The logs, which were itself obtained under Missouri’s open records law, show only one journalist — Joel Currier with the St. Louis Post-Dispatch — broadly requested any and all multimedia evidence “leading up to” Brown’s death on Aug. 9.

With that lie uncovered, the Ferguson Police decided to double down. A statement issued to TheBlot claimed that multiple other FOIA requests were made orally, due to heavy traffic to the city's website and email server. Possibly believable, but was anyone logging these verbal requests? And could this be where the multiple requests for the surveillance video originated? The answers are "yes," "well, actually no," and "shut up."

The first response:

City of Ferguson attorney Stephanie Karr said that “many requests were made verbally due to the fact that the City’s website and email were down at several points during that week” and that “city personnel cataloged all requests and treated them in the same manner as it would any Sunshine Law request.

So, if they were logged, there'd be some record of a bunch of people asking for the release of the surveillance tape, right? Cue backpedal #1:

Karr responded to a request for comment Saturday afternoon by denying the City of Ferguson had a log of verbal records requests.

“You assume that the Custodian of Records, somehow, logged every single question, statement or request for information, verbal or otherwise, made to every single police officer, city employee, consultant, appointed official or elected official,” Karr told TheBlot by e-mail. “That assumption is, quite simply, wrong and unrealistic.”

Actually, TheBlot didn't "assume" anything. It simply took Karr's first statement at face value. Apparently, everything about the first statement was a lie. On top of that, the Ferguson PD may have violated the Sunshine Law by not logging requests it filled or denied. TheBlot has a request in for the logged verbal FOIA requests and in the meantime notes that the PD is still withholding both the incident report for the shooting (which may not even exist) as well as the incident report for the robbery.

Just a little more evidence pointing towards the unreliability of public officials, especially when caught in the middle of misconduct. Not only has the PD apparently lied about its reasons for releasing the tape, but it continues to withhold information about its involvement in the shooting of Michael Brown. Earlier, it claimed Officer Wilson suffered injuries -- possibly severe -- during his "interaction" with Brown. Those have proven false as well, with Wilson's own post-shooting text messages saying nothing about sustaining an injury as well as citizen video showing Wilson standing around the shooting scene for several minutes without seeking medical attention.

Odds are, no one directly requested this video. The release of the video coincided with the forced release of the officer's name in a blatant attempt to provide justification for his actions. While undoubtedly true that the city's website and email server have been hit pretty hard during the past few weeks, that's no excuse for city employees to fulfill or deny FOIA requests without documentation -- especially when its track record so far shows an urge to bury and obfuscate.