• Quest for Palin e-mails may exceed her time in office

    By Bill Dedman
    msnbc.com

    You can do the math.

    Alaska state regulations require public officials to make public records available to the public within 10 days in most cases.

    On Monday evening, Sarah Palin's former staff in the Alaska governor's office requested another delay in making public 25,000 e-mails exchanged by Palin, her husband and her senior aides.

    The governor's office is asking the state's attorney general to approve a delay of five more months, until May 30, 2011.

    At that point, the request filed by msnbc.com and other news organizations will have been pending for 986 days.

    Sarah Palin was governor of Alaska for 966 days.

    In other words, if the delay is granted, the wait for the e-mails will have lasted longer than the Palin administration.

    News organizations, including NBC News, msnbc.com and the Associated Press, requested the e-mails in 2008 after the relatively unknown Palin was chosen as Republican Sen. John McCain's vice-presidential candidate.

    We're told that there are about 25,700 e-mails, with an unknown number of pages. That's not exactly what any of the news organizations asked for, as explained below, but it's what the governor's office says it will consider releasing.

    They include these e-mails: anything sent to or from the governor or her husband, Todd Palin (either from their government or private Yahoo accounts) to the government accounts of 53 people: the governor, her husband, and 51 key state employees, including current and former top aides, gas pipeline commission members and members of her Cabinet.


    The state says it plans to release some, and withhold some, of the e-mails it has collected, following the exemptions allowed in the public records law.

    The state regulations allow the attorney general to approve a delay if fulfilling a public records request would substantially impair the functioning of the office. Monday's request for a delay is the 15th sent by the governor's administrative director, Linda J. Perez, to the attorney general.

    Well, actually three attorneys general. John J. Burns, who started work last week, is the third attorney general to receive these requests. Each was appointed by Palin or her former running mate.

    Not all the requestors are still around either. At least two of the journalists who requested the e-mails, from NBC News and the Juneau Empire, are no longer working for the same news organizations.

    And after two years, seven months and 23 days in office, Palin moved on to become a lecturer, best-selling author, travelogue host, political commentator and potential candidate for president in 2012.

    Yet the request for her public records lives on.

    How it works
    Last month, the outgoing attorney general, Daniel S. Sullivan, insisted that the governor's office come up with a "firm work plan."

    On Monday, also known as Day 832, administrator Perez disclosed her plan. She wrote that she understands that the Law Department "intends to remove all other duties from one assistant attorney general and to contract with a former assistant attorney general, so that both will devote their full-time working hours to reviewing these records." She estimates this cost at $120,000, on top of a $450,000 estimate given for earlier work.

    So far, after more than two years, less than one-third of the documents have been reviewed, Perez said.

    Here's the process -- and the problems that have caused the delays in producing the e-mails:

    • The state said it could not produce an electronic copy of the e-mails, despite the state law requiring just that.
    • An offer from a legal services company, to convert all the e-mails to a secure electronic archive at no cost, was ignored.
    • The state law department acquired software to work with electronic e-mails, but couldn't figure out how to get the e-mails into it.
    • The e-mails were printed out by state interns. 
    • State legal staff continue to go over the e-mails, deciding what to withhold under exemptions in the state public records act.
    • Those decisions will then be reviewed by the governor's office. The governor, Sean Parnell, was Sarah Palin's running mate in 2006.
    • The printouts, with some material blacked out, will be photocopied and shipped to the news organizations.
    • The news organizations will scan in the records, restoring them to electronic form in a searchable database online. At that point, the residents of Alaska will be able to read their own public records.

    How we got here
    In August and September 2008, news organizations did what they do whenever a new figure bursts onto the national political stage. They began to scour the public records of the candidate's family and school background, government and military service, writings, finances, etc. You've seen this process at work for generations, from Thomas Eagleton's prescriptions to Hillary Clinton's land investments to Mitt Romney's illegal alien gardeners to Barack Obama's aunt's immigration status.

    Interest in Palin's e-mails was sparked by reports that the governor and her aides were using private Yahoo accounts, apparently to keep those records from being accessed under the Alaska Public Records Act. One could argue that they were attempting to follow a separate law, which requires that government resources not be used for political activity. (Palin was involved in booting a Republican off the state oil and gas commission for just that violation.) That argument would hold more water if not for the fact that many of the Yahoo e-mails were about government business. We know that from the logs released by the hacker who broke into Palin's Yahoo account; he was sentenced to a year in custody.

    The fate of Palin's private Yahoo messages will be settled in court. A lawsuit against the governor's office was filed by Andrée McLeod, an Alaska Republican, arguing that the Yahoo messages are public if they deal with government business. "Palin promised transparency, and didn't deliver it," McLeod said Monday. She lost at the trial level, but the case is now before the Alaska Supreme Court, which will hear oral arguments Jan. 11-14 in Anchorage. You can read her appellate brief here.

    Hoping to see at least half of the government business conducted on the Yahoo accounts, msnbc.com requested on Sept. 17, 2008, all e-mails sent and received on government accounts by Palin, her husband (who had a government account and Blackberry smartphone) and other senior aides. Other journalists and citizens made similar overlapping requests.

    You may recall that the Palin administration's first estimate of the cost of providing the governor's e-mails was $15 million, the figure it quoted the Associated Press. The state's IT staff said it would charge $960.31 per e-mail account for its staff time to search for any mail sent from the private Yahoo accounts, plus photocopying costs. After adverse publicity, the governor's office backed down, agreeing to charge only copying costs.

    The state then set about the task of gathering the e-mails. Instead of gathering and providing each requestor with the records it was seeking, the governor's office in effect created its own request, pouring into a single bucket all the e-mails among Palin and about 50 officials, including Cabinet members. From that bucket, it has been doling out the records, helping first those who sought the least.

    To cut our individual costs, msnbc.com and Mother Jones magazine joined together, asking for the entire bucket. Pro Publica, the nonprofit news organization, has agreed to go in with us, share and share alike. These three organizations plan to put the searchable archive online.

    That's what we did with a smaller cache of 3,000 pages of e-mails sent and received by Todd Palin. Aram Roston of NBC News requested those records in 2008. When they were made available in January 2010, he was no longer with NBC, so msnbc.com paid the bill and put them online, with the help of a legal services company, Crivella West, which made the earlier offer to do the work for free for the state.

    Previous coverage on msnbc.com:

    Want Palin's e-mails? That'll be $15 million

    Yes, we're still waiting to read Palin's e-mails

    Search the archive of Todd Palin e-mails

    Palin e-mails reveal a powerful 'first dude'

    Palin lawyer responds to msnbc.com story

    Other coverage:

    David Corn, Mother Jones: The long wait for Sarah Palin's e-mails.

    Corn describes the process to date, and notes what is going to be missing from these records: "Remember, this does not include every business-related e-mail sent to or from Palin's private accounts; the state's search only covered those e-mails Palin exchanged with the official accounts of Alaskan officials. If she had used one of her private accounts to e-mail a private citizen — say a business leader or a party figure — about state business, or to e-mail the private account of an aide, that correspondence would not be collected via this search."

    Mark Tapscott, commentator, The Washington Examiner: If Sarah Palin's e-mail is fair game for FOIA, why not for Reid, Pelosi, etc.?

    As Tapscott rightly points out, members of Congress, such as former Sens. Barack Obama and Joe Biden, have exempted their e-mails and other records from the federal Freedom of Information Act.

    Tapscott, formerly of the conservative Heritage Foundation, disparages all the requestors of Palin's records as "a group of liberal and left-wing journalists."

    Most journalists are liberals, Tapscott explained in an e-mail, so the journalists who requested the records of Sarah Palin must have been liberals, too.

    When msnbc.com and NBC News devoted resources last year to covering the Obama administration's reluctance to release all of its visitor logs, or this year to Harry Reid's efforts on behalf of online poker and Chinese-owned wind farms, Tapscott did not complain that we must be conservative and right-wing journalists, nor did he ask why we had not sought similar records from President George W. Bush and Sen. Mitch McConnell.

    Show more
  • Is dispersant still being sprayed in the gulf?

    Jerry Moran / Native Orleanian Fine Photography

    This photo and laboratory tests indicating that this foamy substance is dispersed oil have raised questions about the government's assurances that the toxic chemical was not sprayed after the Deepwater Horizon well was capped.



    Kari Huus writes:The use of chemical dispersants in the wake of the massive BP oil spill ended on July 15, when the broken Deepwater Horizon well was capped, with only one exception four days later, according to federal agencies. But photos and chemical lab results obtained by msnbc.com suggest that the controversial chemicals have been sprayed much more recently than that.

    The photos and tests lend credence to persistent but unsubstantiated reports by Gulf Coast residents that the spraying of dispersants has continued well beyond the cutoff date acknowledged by the Deepwater Horizon response team.

    The image above — time stamped and embedded with geographical coordinates — was captured by New Orleans photographer Jerry Moran off the coast of Mississippi when he was out with scientists on Aug. 9

    “We were on our way back to Ocean Springs from Horn Island, about a mile or two off the coast … (and) we ran into these hundreds of yards long swaths of that cauliflower stuff,” said Moran.

    Moran said the foamy substance on the water’s surface looked just like what he encountered while covering the oil spill response when dispersant — a product with the brand name Corexit — was being applied daily to oil slicks. The smell was unmistakable, he said.

    “I almost passed out from the fumes,” he said. “It smelled like a gas station.”

    An environmental technician who was present took water samples, which were then sent to a certified lab -- ALS Laboratory Group in Fort Collins.

    The results, according to environmental investigator and engineer Marco Kaltofen, president of Boston Chemical Data Corp.: “Definitively Corexit and BP petroleum.”

    Kaltofen is among the scientists retained by New Orleans attorney Stuart Smith to conduct independent environmental testing data from the Gulf on behalf of clients who are seeking damages from BP. (Click here to read about their effort.)

    An independent marine chemist who reviewed the data said that their conclusion stands up.

    “The analytical techniques are correct and well accepted,” said Ted Van Vleet, a professor at the College of Marine Science at the University of South Florida. “Based on their data, it does appear that dispersant is present.”

    Why responders would continue to use chemical dispersants after the government announced a halt is a mystery. If the oil was gone or already dispersed, as the federal government and BP have said, what would be the point? And, because dispersants don’t work very well on oil that has been “weathered” by the elements over long periods of times, there would be little point in spraying it that situation.

    Doug Myers, science director for People with Puget Sound, a nonprofit marine restoration group in Olympia, Wash., has a theory: Oil emerging from the wellhead — about a mile beneath the surface — may have been prevented from rising to the surface by the high pressure and low temperatures of the waters at that depth.

    “The depth stratification of the ocean is possibly the reason that pockets of oil could be hovering off the bottom but far below the surface for a fairly long time,” he said. “If it’s been at depth and … at those temperatures, it’s likely it stayed in liquid form.”

    But if an upwelling current or other changes in conditions forced that oil to the surface, cleanup crews still working for BP would encounter fresh oil on the surface, he said.

    If dispersant has in fact been sprayed in substantial quantities since July 15, an explanation will probably not be forthcoming from the federal government.

    According to the official Deepwater Horizon response website, the EPA approved BP’s use of 1.84 million gallons, about two-thirds of the total for subsea use up to July 15, when the broken well was capped.

    “Use of dispersant stopped when the well was capped” on July 15, said Coast Guard Petty Officer Susan Blake, a spokeswoman at Unified Command Center for the ongoing spill response. “The only exception was on July 19th, when they used 200 gallons.”

    EPA communications officer Alisha Johnson requested and received copies of the photographs and chemical analysis of the water samples for review, but the agency did not respond to msnbc.com’s request for comment.

    The use of chemical dispersants in unprecedented volume and in an unprecedented manner at the bottom of the sea has stirred controversy.

    The dispersants — though nowhere near as toxic to humans as crude oil — are still toxic. And some scientists remain concerned about how dispersants might change the “fate” of oil. By breaking up the crude into tiny particles that sink into the water, they fear the contaminants could be more easily ingested by marine life and thus enter the food chain.

    On May 14, the EPA told BP to find a less-toxic type of dispersant than Corexit, but BP continued using the dispersant, arguing that it was the best option available. On May 26, 2010, EPA and the Coast Guard issued a directive to BP requiring them to decrease overall volume of dispersant by 75 percent and to cease use of dispersant on the surface of the water altogether unless provided prior written authorization from the Coast Guard.

    Response to the Deepwater Horizon disaster, which began with an explosion on the BP drilling rig on April 20, continues into the New Year. About 6,000 personnel, nearly 400 vessels, along with heavy equipment, skimmers and other machinery are still employed in daily cleanup operations.

    Do you have any information about recent use of dispersants in the gulf? If so, click below to send a tip to Open Channel:

  • How nonprofit journalism is changing the ‘news ecosystem’

    This guest commentary was written by Robert McClure, whose stories on the dangers of rat poison in the environment are being published Tuesday and Wednesday on msnbc.com:

    By Robert McClure

    Today’s msnbc.com story on how a super-toxic second generation of rat poisons is mysteriously seeping into the environment might have remained a buried and unnoticed piece of history if not for a new movement sweeping America: nonprofit journalism. It’s an important force that is likely to become a key part of what folks are calling an evolving “news ecosystem” in this country. Today’s pairing of the efforts of two nonprofit journalism entities with the for-profit msnbc.com is an example of the kind of experimentation that’s becoming common.

    I wrote the rat-poisons story for InvestigateWest, a nonprofit investigative journalism center focused on the Pacific Northwest and British Columbia that I helped to found in 2009. The story idea and the assignment came from Marla Cone, editor at Environmental Health News, another nonprofit journalism center, whose mission is to advance public understanding about environmental health issues. Cone won many accolades as a longtime environmental reporter at the Los Angeles Times before joining EHN in 2008. (Her book “Silent Snow” documents the shockingly high levels of toxic contamination in the Arctic.)

     Both entities are part of a new wave of journalism born of the chaotic decline we’ve seen in our nation’s newspapers and broadcast newsrooms. Nonprofit journalism centers are popping up all over the place. One of the best-known is ProPublica, which has its newsroom in a New York City office building, employs more than 30 top-notch journalists and enjoys substantial funding from large foundations.

     More common are smaller groups such as InvestigateWest. We have three full-time staffers and a modest office in Seattle. Our financial support comes from small and medium-sized foundations. Importantly, we are also beginning to gather support from a growing number of individuals who want to see in-depth journalism survive the business-model crisis that saw American newspapers shed more than 35,000 jobs since 2007. We are helping take up the slack, and we aim to do more.

    InvestigateWest, unlike some journalism nonprofits, requires payment for our work. We charge prices on a sliding scale that make it affordable for news outlets big and small to purchase our stories. This helps spread news to a wider audience than would be typical of any given newspaper, website or broadcast outlet.

    (In the case of today’s rat poison story, Environmental Health News paid InvestigateWest and photographer Paul Joseph Brown a fee. Because of this, the story was distributed to msnbc.com at no charge. InvestigateWest contributed substantial extra time to reporting the story, which was possible because of our financial supporters. By drawing support from a large number of donors, as well as earning income, we are able to ensure editorial independence.)

    Environmental Health News publishes its own work, such as a story this week on the toxic dangers of ski wax, and also provides a daily roundup of stories from around the globe. Both EHN and InvestigateWest meet high journalistic standards of non-advocacy.

     Nonprofit journalism is far from new. In fact, one of the biggest news purveyors in the world, whose stories and broadcast copy you likely take in every day, is the Associated Press, a cooperative serving for-profit and nonprofit news outlets. The AP was launched in 1848. A few other examples emerged in the century that followed, with perhaps the most noteworthy being the Christian Science Monitor. The tumult of the 1960s and '70s helped spawn a mini-wave of such centers, including Mother Jones, High Country News, the Center for Investigative Reporting and, in the 1980s, the Center for Public Integrity. 

     About 50 nonprofit journalism centers have banded together into the Investigative News Network. Together we are trying to eke out a living while figuring out how to recreate a business model that supports the journalism that is oxygen to our democracy. That’s really what it’s all about: preserving editorial voices that can inform Americans and keep the powers-that-be honest. On InvestigateWest’s office wall we have a bumper sticker: “Democracy depends on journalism.” And our motto is: “Journalism for the common good.”

     That’s really what this new nonprofit journalism is all about: preserving and modernizing the system that has allowed journalists to shine a light into dark corners that many in government and private industry would rather keep hidden. It offers the citizenry in-depth treatment of important public-policy stories that would otherwise be overlooked entirely or dealt with in less detail. I would be the last to hope that the days of for-profit news are gone; I worked in for-profit newsrooms for nearly three decades and I’m definitely rooting for the news outlets that remain. But I’m looking forward to a new era in which those voices are supplemented by a lot of non-profit journalism ventures as well. It’s what’s best for all of us.

  • North Korean nukes: big fears, few facts

    Longtime NBC News producer Bob Windrem explores what's known and unknown about North Korea's development of nuclear weapons. This is a companion piece to his article published today on msnbc.com, "Deciphering clues to North Korea's mysteries," in which he analyzes possible reasons behind recent North Korean belligerence.

    By Robert Windrem

    While the U.S. says it believes North Korea is far more advanced in the development of nuclear weapons than Iran, it does not know how many weapons the North has, precisely how big of a stockpile of plutonium the country has and even whether the purported nuclear tests earlier this decade were real.

    U.S. concerns were significantly heightened after a Nov. 12 visit by Sig Hecker, the retired director of the Los Alamos National Laboratory, to a new and highly sophisticated uranium centrifuge facility in the North. It was the first time the North had shown any westerner its uranium enrichment capabilities. Hecker saw what he estimated were 2,000 centrifuges, a number just short of what’s needed to enrich enough weapons grade uranium for a bomb. None was running.

    Hecker told a South Korean audience he was particularly impressed by the sophistication of the control room, indicating the North had mastered not just the enrichment process but management of a large-scale program. However many nuclear weapons North Korea has, they were created using plutonium reprocessed at its now shuttered Yongbyon reactor complex.

    Three U.S. officials questioned about the North’s program said information remains sketchy on virtually all aspects of the program, starting with the number of weapons, which officials had placed at about a dozen a few years back.

    “We just don’t know,” said a senior U.S. official, when asked about the size of the stockpile. He said the new disclosures of a uranium enrichment program will make such estimates even more difficult. “It’s not a wild assumption they may have mastered this technology, and that is one step closer to enriched uranium, and that gets you that much closer to real trouble.”

    Another official said the U.S. believes the technology and possibly even some centrifuges came from Pakistan. “I have seen nothing to suggest the technology didn’t come from Pakistan.”

    The biggest problem with estimating any country’s nuclear weaponry is how much fissile material — enriched uranium or reprocessed plutonium — the nation had to begin with. While the U.S. has an estimate, which is highly classified, officials admit they do not know precisely how much is used for the weapons’ cores or how much was used in what were purported to be nuclear tests in October 2006 and May 2009.

    “There remain questions on how efficient the nuclear tests were. They could have used more than you would normally use,” said the first official.

    There are even lingering doubts about whether the tests were real and not a hoax in which a large amount of high-energy conventional  explosives were  detonated to mimic a nuclear test. Officials have long pointed out that the North has experience in such high-explosive tests. 

    “We’ve had two what we think are nuclear tests so far,” said the official. “You’re looking at this from a long way, and the point is although you do a variety of testing afterwards, there is always an element of doubt.  Our scientists are fairly confident about it, but won’t give you a 100 percent guarantee that that is what happened.”

    Could there be more if the North doesn’t get the kind of attention it has been seeking?

     “There’s a risk we are going to have more testing,” said one official, adding that it could be tied to the transition from Kim Jong-Il to his son Kim Jong-On.

    One reason why the North is so focused on nuclear weaponry is that its conventional forces have grown less capable as the nation has dealt with famine and other societal ills.

    ---

    You can hear more from scientist Sig Hecker assessing the North Korean nuclear program in this interview with NBC's Richard Lui, and in the accompanying story.

    Nuclear expert Dr. Siegfried Hecker recently returned from North Korea and found their nuclear capability 'stunning.' He discusses North Korea with NBC's Richard Lui.

     

     

  • WikiLeaks, the Espionage Act, and an unlikeable leader

    By Bill Dedman
    msnbc.com

    Msnbc.com has a legal roundtable discussion online now, exploring the prospects of a prosecution of WikiLeaks and its leader, Julian Assange, under the Espionage Act of 1917 and other laws. Thank you to the readers who suggested questions for the panelists, who were: Abbe D. Lowell, the noted defense attorney; Paul Rosenzweig, a former policy official at the Department of Homeland Security; and Prof. Stephen I. Vladeck at American University.

    The traditional way to handle this sort of thing is to write a story, a summary, but there are so many issues in play that I thought this was one where it's best to have you hear directly from specialists in the field. We have three distinguished participants, and there's a great deal of subtlety in their answers. Selecting a couple of quotes, or a tally of their "votes" on an issue, wouldn't depict that complexity.

    The discussion roamed from WikiLeaks itself to the First Amendment implications of such a case, to the weaknesses of a prosecution and a defense, to the changes needed in the Espionage Act and other laws.

    It's not the most important legal point, but it's notable that the three panelists all offered similar answers to the question, what is a weakness for the defense. The answer: the defendant. His statements and demeanor will hurt him with a judge and jury.

    Lowell: "Neither Assange nor the type of large disclosure he did (as well as his public statements) will inspire sympathy from a judge ruling on the case or a trial jury deciding whether they like his conduct or him. He stands a serious risk that a court or jury will want to find ways to convict him."

    Vladeck: "If the prosecution boils down to whether Assange acted in bad faith, and whether he reasonably should have known that these disclosures would harm U.S. national security, he may have hurt his own cause by being so publicly forthright throughout this controversy, especially with regard to the effects of future leaks. If Assange’s publicly stated goal is to bring down incumbent administrations, banks, and the like, it may be hard for the defense to portray him as someone who didn’t appreciate the harm that might result from the disclosures."

    Rosenzweig: "If he ever comes to trial, the jury will not like him. The obvious way to overcome it is to make him act more likeably — I wonder if that would be possible."

    Read the full discussion, and let us know what you think. You can offer comments on that page,  where the question for readers is, If WikiLeaks is a news organization, should it still be prosecuted?

    Update: The New York Times has a new story on a U.S. effort to charge WikiLeaks and Assange with conspiracy, sidestepping uncertainties with the Espionage Act.

  • Reid's push for online poker (from Nevada casinos) riles lotteries

    Sen. Harry Reid, the majority leader from Nevada, is pushing ahead with his efforts to legalize Internet poker before Congress adjourns this year, despite new criticism from state lottery officials, including a former Democratic National Committee chairman, that Reid's plan was an “outrageous” reward for big Las Vegas casino interests that heavily backed his campaign for re-election.

    After declining to comment for nearly a week, Reid’s office released his first public statement on the matter late Thursday, saying his proposal would bring in new tax revenue and “protect U.S. consumers” by allowing “reputable operators with proven track records” to offer poker over the Internet to American card players.

    But in the last few days, Reid’s efforts have triggered a storm of criticism from state lottery directors, Indians tribes and others who say the Senate majority leader’s last minute effort would freeze them out of the action, while benefitting big Las Vegas casino operators — such as Caesars Entertainment and MGM Resorts International — that heavily backed Reid in his recent successful campaign for re-election.

    “This appears to be designed to give an advantage to established gambling interests — many of them in Harry Reid’s home state,” said Steven Grossman, the treasurer elect of Massachusetts and the chairman of the Democratic National Committee between 1997 and 1999, in an interview with NBC News. “For him to deal us out of the action is outrageous.”

    Grossman said he is only one of many state lottery officials who this week have strongly objected to Reid’s bill, especially a section that would guarantee that, for the first two years after it passed, initial licenses for online poker could go only to well-established gambling operators. This would effectively cut out state lotteries from offering their own online games, and drain revenues away from competitive products, such as instant games and keno, Grossman wrote in a letter to Reid this week.

    “We could lose $100 million from this,” Grossman said. When you consider the 40 or more other states that would be similarly disadvantaged, the revenue loss for state governments would be in the billions, he added. “There’s been a lot of e-mail traffic in the last few days in which lottery directors all over the country are expressing their deep concerns.”

    Reid had first circulated his proposal last week in an effort to attach it to the massive bill that would extend Bush era tax cuts. (See the earlier story from NBC: Reid's 'Net betting bill would benefit his casino backers.) But objections from senior Republicans appears to have made that move impossible. A Reid spokesman noted there other vehicles still before this year’s Congress — such as a continuing resolution to fund the government and the Dream Act. “Sen. Reid will continue working to find a way to get it done,” said the senator’s press secretary Tom Brede.

    There has been a legal cloud over setting up online gambling sites inside the United States ever since 2006 when Congress, at the behest of anti-gambling conservatives, passed a law called the Unlawful Internet Gambling Enforcement Act, which banned the processing of credit card transactions for Internet gambling transactions. At the time, Reid and some gambling companies supported the measure because of concerns that Internet gambling would compete with big Las Vegas casinos.

    But in recent years, a booming offshore Internet gambling industry has popped up and many casino operators — and now Reid — have concluded that it is preferable for U.S. operators to get in on the action. In his statement Thursday, Reid noted that “Internet poker is played by millions of American every day in an essentially unregulated environment” and “neither federal nor State governments collect a dime of revenue from this multibillion dollar Internet poker industry.”

    As for the idea that Reid was acting to benefit big casino operators that backed his campaign, his press secretary Brede responded: “Sen. Reid has a long track record of fighting for the largest industry in the state, and he will continue to do so. Look at what the top industry in the state is. Would anyone criticize a Senator from Michigan for fighting for the auto industry?”

    As noted by NBC News and others in recent days, two of the biggest potential beneficiaries of the Reid proposal would be MGM Resorts International and Caesars Entertainment (formerly Harrah’s.) Both firms heavily backed Reid’s re-election, spending more than $650,000, including $300,000 that was pumped into Patriot Majority PAC, a so-called “super PAC” set up by a former Reid communications director that ran attack ads against Sharron Angle, Reid’s Republican opponent. Caesars/Harrahs, according to critics, would be particularly well advantaged to move into the online Poker market because the casino already hosts the “World Series of Poker.”

    ---

    Related: American University's Invesstigative Reporting Workshop reported on msnbc.com about Reid's support of a Chinese wind farm project seeking $450 million in U.S. stimulus money.

     

  • Do you have legal questions about WikiLeaks?

    We've put together a panel of legal experts to discuss the possibility of a U.S. prosecution of WikiLeaks leaders under the Espionage Act.

    Do you have questions you'd like to pose to the experts? If so, add your comments below.

    These are the questions we have so far:

    1. The release of these diplomatic cables could not be more public, and about half of the 250,000 cables are classified. Is there any doubt that Assange has violated the Espionage Act?

    2. Does it matter that WikiLeaks is the recipient and distributor of stolen material, not the one who stole it?

    3. Is Assange a journalist? Is WikiLeaks a news organization? If so, how does that affect a case? How is Assange any different from the newspapers that have republished the cables?


     

    4. As a non-citizen acting outside the United States, is Assange entitled to First Amendment protections at all? Should the First Amendment ever protect the public dissemination of classified material?

    5. Does it matter that WikiLeaks is the recipient and distributor of stolen material, not the one who stole it?

    5. What is the greatest hurdle facing a prosecution? How might that be overcome?

    6. What is the greatest hurdle facing a defense? How might that be overcome?

    7. How should the U.S. deal with future Assanges? What should Congress do in response to this case, in writing the Espionage Act of 2011?

    8. Prediction time: What is the likelihood of an indictment of Assange? What is the likelihood of an indictment surviving a motion to dismiss? What is the likelihood of a conviction if a case went to trial?

     What would you like to ask the panel?

  • Lieberman pressures 2nd firm to take down WikiLeaks-related material

    The New York Times reports that Sen. Joe Lieberman (I-Conn.) pressured Tableau, a Seattle company that allows Web users to post charts, to remove several charts describing the release of WikiLeaks material. The company removed the charts on Thursday, following the lead of Amazon, which had taken down the WikiLeaks documents themselves.

    The twist: The charts were not produced by WikiLeaks, but by a freelance journalist. And they contained no classified or secret material. The charts merely depicted how many times each country, or topic, was discussed in the cables.

    In other words, the charts were journalism. (There's a vigorous debate whether or not the WikiLeaks releases themselves are journalism, as WikiLeaks casts them. These charts seem to be within anyone's definition.)

    You can see a cached copy of one of the charts here.

    Commentator Glenn Greenwald issues a take-down notice to Lieberman on Salon: "Those are the benign, purely legal documents that have now been removed from the Internet in response to Joe Lieberman's demands and implied threats. He's on some kind of warped mission where he's literally running around single-handedly dictating what political content can and cannot be on the Internet, issuing broad-based threats to 'all companies' that is causing suppression of political information."

    Update: Amazon posted a note on Thursday saying it had not taken down the WikiLeaks documents because of Lieberman's plea, but because WikiLeaks was violating the terms of service.

  • Texas university forbids records requests, but that's not stopping you

    R. Bowen Loftin

    The Texas A&M University System has set a policy forbidding faculty from assigning students (even journalism students) to submit requests for public records to the university. Faculty who make such assignments can be disciplined or fired.

    Apparently the university is upset that a professor's previous request disclosed that there was more campus crime than the university was reporting. After last year's class published the documents it received, the university was fined for under-reporting campus crime.

    The Austin American-Statesman has the full story here. And more from Texas Watchdog,  the Associated Press, and the Stephenville Empire-Tribune

    You may have information you'd like to request from Texas A&M, and we're making it easy for you. Here's a fill-in-the-blanks letter you can use to request information from the office of the chancellor of the university system, Mike McKinney, or the president of one of the universities in the system, Texas A&M, R. Bowen Loftin (pictured here).

    Here's the letter in a Word document. We created the letter using the "Fully Automated, Fill-in-the-Blanks State Open Records Law Request Letter Generator" from the Student Press Law Center.

    You can submit your letter by regular mail, by fax, or by e-mail, using the information on the letter.

    Do you have information or an experience that sheds light on this story, or a story we should investigate? Use the form below to send us information. And send a copy of your documents and requests, please. 

  • Wednesday's reading: Investigative reports on the Web

    Today's reading from the world of investigative reporting:

    (links open in a new window)

    Keep up on the latest investigative reporting with the Twitter feed of the same name.

    Let us know if your group or organization should be listed there.