Archive for March, 2015

The Pronk Pops Show 438, March 31, 2015, Story 1: Indiana and 19 States and Federal Government Have Religious Freedom Restoration Laws — Nothing New Here — Crackup of Lying Lunatic Left Democratic Party — Attacks People of Faith — Bullies — Christians and Jews — Demonizes Businesses — Supports Sin (“homosexual acts are intrinsically disordered”) — No Wonder Americans Are Going Independent and Abandoning Democratic Party — Please Take Your Business Elsewhere and Switch Channels — “Let any one of you who is without sin be the first to throw a stone at her.” — Seeking happiness is seeking God. — Videos

Posted on March 31, 2015. Filed under: American History, Blogroll, Books, College, Communications, Consitutional Law, Government, Government Spending, History, Law, Media, Networking, Philosophy, Photos, Politics, Radio, Raymond Thomas Pronk, Success, Videos, Violence | Tags: , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Story 1: Indiana and 19 States and Federal Government Have Religious Freedom Restoration Laws — Nothing New Here — Crackup of Lying Lunatic Left Democratic Party — Attacks People of Faith — Bullies — Christians and Jews — Demonizes Businesses — Supports Sin (“homosexual acts are intrinsically disordered”) — No Wonder Americans Are Going Independent and Democratic Party — Please Take Your Business Elsewhere and Switch Channels — Let any one of you who is without sin be the first to throw a stone at her.” — Seeking happiness is seeking God. — Videos

“Let the one among you who is without sin be the first to throw a stone at her.”

John, Chapter 8

Catechism of The Catholic Church

Chastity and homosexuality

2357 Homosexuality refers to relations between men or between women who experience an exclusive or predominant sexual attraction toward persons of the same sex. It has taken a great variety of forms through the centuries and in different cultures. Its psychological genesis remains largely unexplained. Basing itself on Sacred Scripture, which presents homosexual acts as acts of grave depravity,141 tradition has always declared that “homosexual acts are intrinsically disordered.”142 They are contrary to the natural law. They close the sexual act to the gift of life. They do not proceed from a genuine affective and sexual complementarity. Under no circumstances can they be approved.

2358 The number of men and women who have deep-seated homosexual tendencies is not negligible. This inclination, which is objectively disordered, constitutes for most of them a trial. They must be accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided. These persons are called to fulfill God’s will in their lives and, if they are Christians, to unite to the sacrifice of the Lord’s Cross the difficulties they may encounter from their condition.

2359 Homosexual persons are called to chastity. By the virtues of self-mastery that teach them inner freedom, at times by the support of disinterested friendship, by prayer and sacramental grace, they can and should gradually and resolutely approach Christian perfection.

http://www.vatican.va/archive/ccc_css/archive/catechism/p3s2c2a6.htm

mary bakery

wedding_cake2012_Romantic_Wedding_Cake_Toppers

topper First Gay Wedding show In Parisgay couplepersonalized-two-brides-cake-top200184313-001lesbian cake topper 2

America’s Forum | Indiana Gov. Mike Pence, Religious Liberty Is Out First Freedom

Bake or Else! Wedding Vendors Face Threats to Liberty

Crumbling Freedom: Cake Artist Sent to ‘Reeducation’

Days of Lot : Colorado Judge orders Christian Baker to bake cake for Same Sex Wedding (Jun 06, 2014)

A Colorado Judge Orders Baker To Bake Cake for an Event ~ Illiberal Egalitarianism

‘gay wedding cake’ | Baker To Stop Making Wedding Cakes Altogether After Losing Discrimination Case

DISCRIMINATION – Oregon Bakery, ‘Sweet Cakes Bakery’ Refuses To Make Cake for Lesbian Wedding

Homophobic Bakery Goes Bankrupt

Joey Heatherton – “I’ve Got Your Number”

Joey Heatherton ‘Someone To Watch Over Me”

Joey Heatherton on the Dean Martin Show

Nice People | Bishop Fulton J.Sheen

Youth and Sex – Venerable Fulton Sheen

Marriage & Incompatibility – Archbishop Fulton Sheen

How to Psychoanayze Yourself | Bishop Fulton J.Sheen

His Last Words ~ Ven Fulton J Sheen

Pence signs Religious Freedom bill into law

“Straights Only”? Indiana Faces Boycotts, Protests over Anti-LGBT “Religious Freedom” Law

Indiana Gov. Mike Pence Says Controversial ‘Religious Freedom’ Law Won’t Change

Pence signs Religious Freedom bill into law

Indiana Gov. Mike Pence on FOX News Sunday

Joey Heatherton Look What They’ve Done To My Song

Joey Heatherton A Tribute

What’s My Line? Joey Heatherton (1965)

Joey Heatherton for Serta mattresses

In Defense of Indiana

by RICH LOWRY

The anti-RFRA backlash is a perfect storm of hysteria and legal ignorance.

Indiana is experiencing its two minutes of hate. It is doubtful that since its admittance into the union in 1816, the heretofore inoffensive Midwestern state has ever been showered with so much elite obloquy.

Indiana’s sin is that its legislature passed and Governor Mike Pence signed into law a Religious Freedom Restoration Act, setting out a legal standard for cases involving a clash between a person’s exercise of religion and the state’s laws. To listen to the critics, you’d think the law was drafted by a joint committee of attorneys from the Ku Klux Klan and Westboro Baptist Church. The enlightened are stumbling over themselves in their rush to boycott Indiana. Seattle and San Francisco are banning official travel there, and Connecticut is following suit. In a Washington Post op-ed, Apple CEO Tim Cook pronounced the Indiana law part of a “very dangerous” trend that allows “people to discriminate against their neighbors” (never mind that his company is happy to do business in Communist China). The anti-Indiana backlash is a perfect storm of hysteria and legal ignorance, supercharged by the particularly censorious self-righteousness of the Left.

All the Indiana law says is that the state can’t substantially burden a person’s exercise of religion, unless there is a compelling governmental interest at stake and it is pursued by the least restrictive means. The law doesn’t mandate any particular outcome; it simply provides a test for the courts in those rare instances when a person’s exercise of religion clashes with a law.

Nineteen other states have similar protections, and they are all modeled on a federal version of the law that passed Congress with near unanimity in 1993 (Indiana’s law is arguably a little more robust than the federal version, because it also applies to private suits). If these Religious Freedom Restoration Acts were the enablers of discrimination they are portrayed as, much of the country would already have sunk into a dystopian pit of hatred.

Legal historians a century from now may be mystified by how a measure that was uncontroversial for so long suddenly became a mark of shame. They will find their answer in the Left’s drive to crush any dissent from its cultural agenda, especially on gay marriage.

The religious-freedom laws once were associated with minorities that progressives could embrace or tolerate — Native Americans who smoke peyote as part of religious ceremonies, Amish who drive their buggies on the roads, and the like. That was fine. It is the specter of Christian small-business people — say, a baker or a florist — using the laws to protect themselves from punishment for opting out of gay-wedding ceremonies that drives progressives mad.

Why? It’s a large, diverse country, with many people of differing faiths and different points of view. More specifically, the country has an enormous wedding industry not known for its hostility to gays. The burgeoning institution of gay marriage will surely survive the occasional florist who doesn’t want to provide flowers for a same-sex wedding for religious reasons.

As a practical matter, such a dissenting florist doesn’t make a difference; the affected couple might be offended but can take its business elsewhere. But for the Left, it’s the principle of the thing. For all its talk of diversity, it demands unanimity on this question — individual conscience be damned. So it isn’t bothered when religious wedding vendors are sued or harassed under anti-discrimination laws for their nonparticipation in ceremonies they morally oppose.

It’s not clear that Religious Freedom Restoration Acts will shield these kinds of business people (they haven’t, to this point). It might be that more specific exemptions are necessary. But the mere possibility that the Religious Freedom Restoration Act might protect a baker opposed to gay marriage is enough to create a furious, unhinged reaction.

Yes, there is intolerance afoot in the debate over Indiana, but it’s not on the part of Indianans.

http://www.nationalreview.com/article/416196/defense-indiana-rich-lowry

The Pronk Pops Show Podcasts Portfolio

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The Pronk Pops Show 437, March 30, 2015, Story 3: Lying Lunatic Left Democratic Party’s War on People of Faith By Opposing Indiana’s Religious Freedom Restoration Law — 19 Other States Have Similar Laws — Federal Religious Freedom Restoration Act of 1993 — Does Not Discriminate Against Any One Including Gays and Lesbians– Videos

Posted on March 30, 2015. Filed under: American History, Blogroll, Breaking News, Business, Communications, Congress, Consitutional Law, Education, European History, Federal Government, Government, Government Spending, History, Investments, Language, Law, Media, Middle East, News, Philosophy, Photos, Politics, Radio, Raymond Thomas Pronk, Religion, United States Constitution, Videos, Violence, Wealth, Wisdom | Tags: , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Story 3: Lying Lunatic Left Democratic Party’s  War on People of Faith By Opposing Indiana’s Religious Freedom Restoration Law — 19 Other States Have Similar Laws — Federal Religious Freedom Restoration Act of 1993 — Does Not Discriminate Against Any One Including Gays and Lesbians– Videos

Religious-Freedom-Restoration-ActRFRA1religionmap2013gay-marriage-cartoon-beeler

Indiana legislators pledge to ‘fix’ controversial religious freedom law

Pence signs Religious Freedom Restoration Act

Religious Freedom Restoration Act Bill Draws Criticism, Support

Indiana lawmakers discuss the Religious Freedom Restoration Act

WFB’s Liz Harrington Discusses Indiana’s Religious Freedom Law on Real Story

Indiana Gov. Mike Pence Says Religious Freedom Law ‘Absolutely Not’ a Mistake

Religious Freedom Act backlash continues in South Bend, across the US

What Does The Hobby Lobby Supreme Court Ruling Mean?

The Hobby Lobby Supreme Court Decision Explained

History and Impact of the Religious Freedom Restoration Act

Mark Steyn On The Religious Freedom Restoration Act of 1993

Swarens: Gov. Mike Pence to push for clarification of ‘religious freedom’ law

Gov. Mike Pence, scorched by a fast-spreading political firestorm, told The Star on Saturday that he will support the introduction of legislation to “clarify” that Indiana’s controversial Religious Freedom Restoration Act does not promote discrimination against gays and lesbians.

“I support religious liberty, and I support this law,” Pence said in an exclusive interview. “But we are in discussions with legislative leaders this weekend to see if there’s a way to clarify the intent of the law.”

The governor, although not ready to provide details on what the new bill will say, said he expects the legislation to be introduced into the General Assembly this coming week.

Asked if that legislation might include making gay and lesbian Hoosiers a protected legal class, Pence said, “That’s not on my agenda.”

Amid the deepest crisis of his political career, Pence said repeatedly that the intense blowback against the new law is the result of a “misunderstanding driven by misinformation.”

He adamantly insisted that RFRA will not open the door to state-sanctioned discrimination against gays and lesbians. But he did acknowledge that Indiana’s image — and potentially its economic health — has been hurt badly by the controversy.

I spoke with Pence on the same day that thousands of people rallied at the Statehouse in opposition to the law. And the same day that Angie’s List CEO Bill Oesterle announced that his company will abandon a deal with the state and city to expand the company’s headquarters in Indianapolis because of RFRA’s passage.

Oesterle’s statement is a telling sign that the outrage over RFRA isn’t limited only to the political left. Oesterle directed Republican Mitch Daniels’ 2004 campaign for governor. And it’s a signal that the damage from the RFRA debacle could be extensive.

Behind the scenes, Pence and his team have been scrambling to mitigate that damage — both to the state and to the governor’s political career.

Pence said, for example, that he had a “cordial and productive” conversation with Salesforce.com CEO Marc Benioff, who announced shortly after Pence signed the RFRA legislation on Thursday that the company will cancel all corporate-related travel to Indiana. That conversation, however, has not led to a reversal of the Salesforce decision.

I asked the governor if he had anticipated the strongly negative reaction set off by the bill’s passage. His response made it clear that he and his team didn’t see it coming.

“I just can’t account for the hostility that’s been directed at our state,” he said. “I’ve been taken aback by the mischaracterizations from outside the state of Indiana about what is in this bill.”

In defense of the legislation, he noted that 19 other states and the federal government have adopted RFRA laws similar to Indiana’s. And he pointed out that President Barack Obama voted for Illinois’ version of RFRA as a state senator.

The governor also criticized the news media’s coverage of the legislation. “Despite the irresponsible headlines that have appeared in the national media, this law is not about discrimination,” he said. “If it was, I would have vetoed it.”

Yet, those justifications, cited repeatedly by the governor’s supporters in recent days, have done little to quell the controversy.

Which is why the proposal to clarify the law’s intent with a new bill has gained traction among Pence’s advisers in the past couple of days.

Pence also plans to fight back in the state and national media. He’s scheduled, for instance, to defend the law Sunday morning on ABC’s “This Week” with George Stephanopoulos. “I’m not going to take it (the criticism) lying down,” he said.

As we wrapped up the conversation, I asked Pence: What answer do you have for the many gays and lesbians — and their friends and families — who’ve asked this past week if they are still welcome in Indiana?

“First, this law is not about discrimination. It’s about protecting religious liberty and giving people full access to the judicial system,” he said. “But, yes, Hoosier hospitality is about making all people feel welcome in our state. We did that with the Super Bowl and with many other events, and with bringing businesses here. We will continue to do that.”

Whether Pence can get that message across — whether he still has the credibility to get people to believe it — will help determine the extent of RFRA’s damage. First, and most important, for the state. But also for Mike Pence’s political future and legacy.

Burwell v. Hobby Lobby Stores, Inc.

From Wikipedia, the free encyclopedia
Burwell v. Hobby Lobby
Seal of the United States Supreme Court.svg

Argued March 25, 2014
Decided June 30, 2014Full case nameSylvia Burwell, Secretary ofHealth and Human Services, et al., Petitioners v. Hobby Lobby Stores, Inc., Mardel, Inc., David Green, Barbara Green, Steve Green, Mart Green, and Darsee Lett; Conestoga Wood Specialties Corporation, et al., Petitioners v. Sylvia Burwell, Secretary of Health and Human Services, et al.Docket nos.13-354
13-356Citations573 U.S. ___ (more)

134 S.Ct. 2751, WL 2921709, 2014 U.S. LEXIS 4505, 123 Fair Empl.Prac.Cas. (BNA) 621

HoldingAs applied to closely held for-profit corporations, the Health and Human Services(HHS) regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act (RFRA). HHS’s contraceptive mandate substantially burdens the exercise of religion under the RFRA. The Court assumes that guaranteeing cost-free access to the four challenged contraceptive methods is a compelling governmental interest, but the Government has failed to show that the mandate is the least restrictive means of furthering that interest.Court membership

Case opinionsMajorityAlito, joined by Roberts, Scalia, Kennedy, ThomasConcurrenceKennedyDissentGinsburg, joined by Sotomayor; Breyer, Kagan (all but part III-C-1)DissentBreyer and KaganLaws applied

Burwell v. Hobby Lobby, 573 U.S. ___ (2014), is a landmark decision[1][2] by the United States Supreme Courtallowing closely held for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law’s interest. It is the first time that the court has recognized a for-profit corporation’s claim of religious belief,[3] but it is limited to closely held corporations.[a] The decision is an interpretation of the Religious Freedom Restoration Act (RFRA) and does not address whether such corporations are protected by the free-exercise of religion clause of the First Amendment of the Constitution.

For such companies, the Court’s majority directly struck down the contraceptive mandate, a regulation adopted by theUS Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) requiring employers to cover certain contraceptives for their female employees, by a 5-4 vote.[4] The court said that the mandate was not the least restrictive way to ensure access to contraceptive care, noting that a less restrictive alternative was being provided for religious non-profits, until the Court issued an injunction 3 days later, effectively ending said alternative, leaving no employer-sponsored alternative for any female employees of closely held corporations that do not wish to provide birth control.[5]

The ruling could have widespread impact, allowing corporations to claim religious exemptions from federal laws.[6][7]

Background

Federal law

Religious Freedom Restoration Act

The United States Supreme Court ruled in Employment Division v. Smith (1990) that a person may not defy neutral laws of general applicability[b] even as an expression of religious belief. “To permit this,” wrote Justice Scalia, “would make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself.” He wrote that generally applicable laws do not have to meet the standard of strict scrutiny, because such a requirement would create “a private right to ignore generally applicable laws”. Strict scrutiny would require a law to be the least restrictive means of furthering a compelling government interest.

In 1993, the US Congress responded by passing the Religious Freedom Restoration Act (RFRA), requiring strict scrutiny when a neutral law of general applicability “substantially burden[s] a person’s[c] exercise of religion”.[8] The RFRA was amended in 2000 by the Religious Land Use and Institutionalized Persons Act (RLUIPA) to redefine exercise of religion as any exercise of religion, “whether or not compelled by, or central to, a system of religious belief”, which is to be “construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution”. The Supreme Court upheld the constitutionality of the RFRA as applied to federal statutes in Gonzales v. O Centro Espirita in 2006.

Affordable Care Act

Most Americans are covered by employer-sponsored health insurance. In 2010, Congress passed the Affordable Care Act (ACA), which relies on the Health Resources and Services Administration (HRSA), part of the Department of Health and Human Services (HHS), to specify what kinds of preventive care for women should be covered in certain employer-based health plans. HHS exempted religious employers (churches and their integrated auxiliaries, associations of churches, and any religious order), non-profit organizations that object to any required contraception,[9] employers providing grandfathered plans (that have not had specific changes before March 23, 2010), and employers with fewer than 50 employees. The HRSA decided that all twenty contraceptives approved by the U.S. Food and Drug Administration (FDA) should be covered.[10] Companies that refuse are fined $100 per individual per day,[11] or they can replace their health coverage with higher wages and a calibrated tax.

Hobby Lobby Stores and Conestoga Wood Specialties

Hobby Lobby is an arts and crafts company founded by self-made billionaire[12] David Green and owned by the Evangelical Christian Green family with about 21,000 employees.[11] It provided the contraceptives Plan-B and Ella until it dropped its coverage in 2012, the year it filed its lawsuit.[13][14] It is the largest funder of theNational Christian Charitable Foundation that uses its billion-dollar endowment to fund a network of political groups including the Alliance Defending Freedom, which recently supported the Arizona SB 1062 bill that attracted national controversy.[15] The Hobby Lobby case also involved Mardel Christian and Educational Supply, which is owned by Mart Green, one of David’s sons.

Hobby Lobby’s case was consolidated with another case by Conestoga Wood Specialties, a furniture company owned by the Mennonite Hahn family that has about 1,000 employees. They were being represented by Alliance Defending Freedom.[16]

Specific contraceptives contested by plaintiffs

The Green and Hahn families believe that life begins at conception which they equate to fertilization, and object to their closely held for-profit corporations providing health insurance coverage to their female employees of four FDA-approved contraceptives that the Green and Hahn families believe may prevent implantation of a fertilized egg (many doctors and scientists disagree), which the Green and Hahn families believe constitutes an abortion.[17][18][19][20]

Lower court history

In September 2012, Hobby Lobby filed a lawsuit in the U.S. District Court for the Western District of Oklahoma against enforcement of the contraception rule based on the RFRA and the Free Exercise Clause of the First Amendment. The district court denied Hobby Lobby’s request for a preliminary injunction. In March 2013, the U.S. Court of Appeals for the Tenth Circuit granted a hearing of the case. In June, the appeals court ruled that Hobby Lobby Stores, Inc. is a person who has religious freedom.[6] The court ordered the government to stop enforcement of the contraception rule on Hobby Lobby and sent the case back to the district court, which granted preliminary injunction in July. In September, the government appealed to the U.S. Supreme Court.[21]

Two other federal appeals courts ruled against the contraception coverage rule, while another two upheld it.[11]

The case was previously titled Sebelius v. Hobby Lobby. Sylvia Burwell was automatically substituted as petitioner when she was approved by the United States Senate as the Secretary of Health and Human Services after being nominated by President Barack Obama to replace Kathleen Sebelius following Sibelius’ resignation on April 10, 2014.

U.S. Supreme Court consideration

Acceptance and briefs

On November 26, the Supreme Court accepted and consolidated the case with Conestoga Wood Specialties v. Sebelius. Two dozen amicus briefs support the government, and five dozen support the companies. American Freedom Law Center‘s brief argues that birth control harms women because men will only want them “for the satisfaction of [their] own desires.”[22] Another brief argues that the contraception rule leads to “the maximization of sexual activity”.[7] Two of the briefs oppose each other on the constitutionality of the RFRA. Two briefs that do not formally take sides oppose each other on whether the right to religion applies to corporations.[23] One of those briefs argues that if shareholders are separated by the corporate veil from corporate liabilities, then their religious values are also separate from the corporation. It mentions the ruling in Domino’s Pizza, Inc. v. McDonald made against the African American owner of JWM Investments whose contracts were breached due to racial discrimination. The brief argues that if JWM Investments could not suffer discrimination through its owner, then Hobby Lobby could not suffer religious burden through its owner.[24][25] Two briefs were filed by LGBT groups concerned that future anti-discrimination laws would be pre-emptively harmed if employers could claim to be religiously exempt.[26][27][28]

Argument and deliberation

Oral arguments were held on March 25, 2014 for 30 minutes more than the usual one hour.[8] The three women in the court focused their questioning on Hobby Lobby’s lawyer, Paul D. Clement, while the men focused on the administration’s lawyer, Solicitor General Donald Verrilli, Jr.[29] Justice Sotomayor quoted the ruling from United States v. Lee (1982) saying that an employer can’t deprive employees of a statutory right because of religious beliefs. Clement replied that Lee does not apply because it was a challenge against a tax rather than against a significant burden. Sotomayor said that instead of paying the burden of the penalty, Hobby Lobby could replace its health care with the equivalent expense of higher wages and a calibrated tax, which the government would use to pay for the employees’ health care.[30][31] Near the end of Clement’s argument, Justice Kennedy expressed concern for the rights of the employees who may not agree with the religious beliefs of their employers.[32] When Verrilli argued that the ruling in Cutter v. Wilkinson requires the court to weigh the impact on third parties in every RFRA case, Justice Scalia said that the RFRA does not require the court to balance the interest of the religious objector to the interest of other individuals. Verilli returned to Lee,saying that granting an exemption to an employer should not impose the employer’s religious faith on the employees.[30][33]

Opinion of the Court

Majority opinion

On June 30, 2014, Associate Justice Samuel Alito delivered the judgment of the court. Four justices (Roberts, Scalia, Kennedy, and Thomas) joined him to strike down the HHS mandate, as applied to closely held corporations with religious objections, and to prevent the plaintiffs from being compelled to provide contraception under their healthcare plans. The ruling was reached on statutory grounds, citing the RFRA, because the mandate was not the “least restrictive” method of implementing the government’s interest. The ruling did not address Hobby Lobby’s claims under the Free Exercise Clause of the First Amendment.[34]

The court argued that the purpose of extending rights to corporations is to protect the rights of shareholders, officers, and employees.[35] It said that “allowing Hobby Lobby, Conestoga, and Mardel to assert RFRA claims protects the religious liberty of the Greens and the Hahns.”[36] The court found that for-profit corporations could be considered persons under the RFRA. It noted that the HHS treats nonprofit corporations as persons within the meaning of RFRA. The court stated, “no conceivable definition of the term includes natural persons and nonprofit corporations, but not for-profit corporations.”[37] Responding to lower court judges’ suggestion that the purpose of for-profit corporations “is simply to make money”, the court said, “For-profit corporations, with ownership approval, support a wide variety of charitable causes, and it is not at all uncommon for such corporations to further humanitarian and other altruistic objectives.”[38] The court rejected the contention that “the Nation lacks a tradition of exempting for-profit corporations from generally applicable laws,” pointing to a federal statute from 1993 that exempted any covered health care entity from engaging in “certain activities related to abortion”.[39]

The court held that the HHS contraception mandate substantially burdens the exercise of religion, rejecting an argument that the $2,000-per-employee penalty for dropping insurance coverage is less than the average cost of health insurance. Responding to HHS’s argument that the provision of coverage does not itself result in destruction of embryos, the Court asserted that the argument dodges the substantial burden question that the Court is supposed to address. The Court added, citing Jesuit moral manuals, that the argument is also the religious question of the morality of enabling the immoral acts of others, to which HHS had provided “a binding national answer”. The Court argued that federal courts should not answer religious questions because they would in effect be deciding whether certain beliefs are flawed.[40][41] The court argued that “companies would face a competitive disadvantage in retaining and attracting skilled workers,” that increased wages for employees to buy individual coverage would be more costly than group health insurance, that any raise in wages would have to take income taxes into account, and that employers cannot deduct the penalty.[42]

The court found it unnecessary to adjudicate on whether the HHS contraceptive mandate furthers a compelling government interest and held that HHS has not shown that the mandate is “the least restrictive means of furthering that compelling interest”.[43] The court argued that the most straightforward alternative would be “for the Government to assume the cost…” and that HHS has not shown that it is not “a viable alternative”.[44] The court said that the RFRA can “require creation of entirely new programs”.[45] The court also pointed out that HHS already exempts any nonprofit organization from paying for any required contraception by allowing it to certify its religious objection to its insurance issuer, which must “[p]rovide separate payments for any contraceptive services required to be covered”.[46] However, the court said the approach might not necessarily be the least restrictive alternative for all religious claims.[47]

The court concluded by addressing “the possibility that discrimination in hiring, for example on the basis of race, might be cloaked as religious practice to escape legal sanction”. The court said that their decision “provides no such shield”, and that “prohibitions on racial discrimination are precisely tailored to achieve that critical goal.”[48] The court also said that the requirement to pay taxes despite any religious objection is different from the contraceptive mandate because “there simply is no less restrictive alternative to the categorical requirement to pay taxes.”[49] The court acknowledged the dissent’s “worries about forcing the federal courts to apply RFRA to a host of claims made by litigants seeking a religious exemption from generally applicable laws…”, noting that this point was “made forcefully by the Court in Smith“. The court responded by saying, “Congress, in enacting RFRA, took the position that ‘the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests’…The wisdom of Congress’s judgment on this matter is not our concern. Our responsibility is to enforce RFRA as written, and under the standard that RFRA prescribes, the HHS contraceptive mandate is unlawful.”[50]

Concurring opinion

Justice Anthony Kennedy wrote a concurring opinion, responding to the “respectful and powerful dissent”, by emphasizing the limited nature of the ruling and saying that the government “makes the case that the mandate serves the Government’s compelling interest in providing insurance coverage that is necessary to protect the health of female employees”, but that the RFRA’s least-restrictive way requirement is not met because “there is an existing, recognized, workable, and already-implemented framework to provide coverage,” the one that HHS has devised for non-profit corporations with religious objections. “RFRA requires the Government to use this less restrictive means. As the Court explains, this existing model, designed precisely for this problem, might well suffice to distinguish the instant cases from many others in which it is more difficult and expensive to accommodate a governmental program to countless religious claims based on an alleged statutory right of free exercise.” (Kennedy, J., concurring, p. 3, 4)

Dissenting opinions

Justice Ruth Bader Ginsburg delivered the primary dissent, which was joined by Justice Sotomayor in full and by Justices Breyer and Kagan as to all but Part III–C–1[51] on “whether a corporation qualifies as a ‘person’ capable of exercising religion”.[52] Ginsburg began, “In a decision of startling breadth, the Court holds that commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs. … Compelling governmental interests in uniform compliance with the law, and disadvantages that religion-based opt-outs impose on others, hold no sway, the Court decides, at least when there is a ‘less restrictive alternative.’ And such an alternative, the Court suggests, there always will be whenever, in lieu of tolling an enterprise claiming a religion-based exemption, the government, i.e., the general public, can pick up the tab.”[53]

She challenged the majority’s unprecedented view of for-profit religion saying “Until this litigation, no decision of this Court recognized a for-profit corporation’s qualification for a religious exemption from a generally applicable law, whether under the Free Exercise Clause or RFRA. The absence of such precedent is just what one would expect, for the exercise of religion is characteristic of natural persons, not artificial legal entities[54]…Religious organizations exist to foster the interests of persons subscribing to the same religious faith. Not so of for-profit corporations. Workers who sustain the operations of those corporations commonly are not drawn from one religious community.”[55] Responding to the majority’s argument that the government should “assume the cost” of contraceptives, Ginsburg said that “the nation’s only dedicated source of federal funding for safety net family planning services…” is not designed to absorb the unmet needs of those already insured. She noted that “a less restrictive alternative” has not been written into law by Congress.[56] Ginsburg warns, “The Court, I fear, has ventured into a minefield…”[57]

Justices Breyer and Kagan wrote a one-paragraph dissenting opinion, saying that “the plaintiffs’ challenge to the contraceptive coverage requirement fails on the merits” and that they “need not and do not decide whether either for-profit corporations or their owners may bring claims under the Religious Freedom Restoration Act of 1993.”[58]

Reactions

Barbara Green, co-founder of Hobby Lobby, said “Today, the nation’s highest court has reaffirmed the vital importance of religious liberty as one of our country’s founding principles. The court’s decision is a victory, not just for our family business, but for all who seek to live out their faith.”[59]

Conestoga CEO Anthony Hahn said, “Americans don’t have to surrender their freedom when they open a family business.”[59]

Organizations

Conservative and pro-life groups praised the ruling. The National Review said that the Supreme Court ruling “[led] Alliance Defending Freedom attorney Matt Bowman to call Hobby Lobby an ‘inclusive decision’ that advances everyone’s freedom.”[60] Susan B. Anthony List President Marjorie Dannenfelser said, “This is a great victory for religious liberty – the bedrock of our founding. In living out our religious convictions, there are certain things we must not do. This is why we are at a watershed moment. Religious people will no longer be ordered to take action that our religion says we must not take.”[61] Family Research Council President Tony Perkins said, “The Supreme Court has delivered one of the most significant victories for religious freedom in our generation. We are thankful the Supreme Court agreed that the government went too far by mandating that family businesses owners must violate their consciences under threat of crippling fines.”[61] The U.S. Conference of Catholic Bishops said, “We welcome the Supreme Court’s decision to recognize that Americans can continue to follow their faith when they run a family business…Now is the time to redouble our efforts to build a culture that fully respects religious freedom.”[62]

Pro-choice and civil-liberties groups criticized the ruling. Cecile Richards, president of the Planned Parenthood Action Fund, said, “Today, the Supreme Court ruled against American women and families, giving bosses the right to discriminate against women and deny their employees access to birth control coverage. This is a deeply disappointing and troubling ruling that will prevent some women, especially those working hourly-wage jobs and struggling to make ends meet, from getting birth control.”[63] Deputy legal director of the American Civil Liberties Union Louise Melling said, “This is a deeply troubling decision. For the first time, the highest court in the country has said that business owners can use their religious beliefs to deny their employees a benefit that they are guaranteed by law.”[64]

In an editorial, the New England Journal of Medicine called the decision “a setback for both the ACA’s foundational goal of access to universal health care and for women’s health care specifically”, voicing concern that “in assessing the competing claims about abortion and birth control, the Court’s majority focused on the religious claims of the corporations without discussing scientific or medical opinions.”[65] In JAMA Internal Medicine, Alta Charo wrote that “consistent with a disturbing trend among courts and legislatures to misstate or misuse scientific information in the context of women’s reproductive rights and health, the Supreme Court’s decision ignored the well-accepted distinction between contraception and abortion.”[66] The American Congress of Obstetricians and Gynecologists, representing 90% of U.S. board-certified gynecologists, supported a bill to overturn the Hobby Lobby ruling.[67]

Government

White House spokesman Josh Earnest said, “Congress needs to take action to solve this problem that’s been created and the administration stands ready to work with them to do so. President Obama believes that women should make personal health care decisions for themselves, rather than their bosses deciding for them. Today’s decision jeopardizes the health of women that are employed by these companies.”[64]

Senate Majority Leader Harry Reid (D-Nev.) said, “If the Supreme Court will not protect women’s access to health care, then Democrats will. We will continue to fight to preserve women’s access to contraceptive coverage and keep bosses out of the examination room.”[3]

Senate Minority Leader Mitch McConnell said, “[T]he Obama administration cannot trample on the religious freedoms that Americans hold dear.”[3]

Senator Charles Schumer (D-NY), who introduced the RFRA in 1993, said his law “was not intended to extend the same protection to for-profit corporations, whose very purpose is to profit from the open market.”[68]

Speaker of the House John Boehner (R-Ohio) said, “The mandate overturned today would have required for-profit companies to choose between violating their constitutionally-protected faith or paying crippling fines, which would have forced them to lay off employees or close their doors.”[69]

House minority leader Nancy Pelosi (D-CA) said, “Although the Court restricted their ruling to ‘closely-held’ companies, this ruling will immediately affect the lives of millions of women across the country. Over 90 percent of America’s businesses are ‘closely-held,’ including such large employers as Koch Industries and Bechtel.[69]Women should not be forced to jump through extra hoops to secure the fundamental health care they need. Allowing employers and CEOs to limit the health care available to employees is a gross violation of their workers’ religious rights. It’s just not her boss’ business.”[64]

Senator Ted Cruz (R-Tex.) said, “Today’s victory in the Hobby Lobby case is terrific news—but now is no time to rest. We cannot rely on the courts alone to defend our religious liberty.”[61]

Senator Orrin Hatch (R-Utah) said, “I applaud the Supreme Court’s decision to protect the religious freedom of all Americans, both individually and collectively. The notion that religious freedom belongs only to some, and even then only in private, defies our nation’s traditions, our laws, and our Constitution. And as the Supreme Court rightfully said today, the Religious Freedom Restoration Act could not have been clearer in saying religious liberty of all Americans must be equally protected and not unnecessarily burdened.”[61]

Rep. Michele Bachmann (R-Minn) said, “I am extremely encouraged by today’s Supreme Court decision to uphold the religious liberty rights of the Green family of Hobby Lobby.”[61]

Aftermath

Cases following SCOTUS ruling

Forbes reported that following the ruling in Burwell v. Hobby Lobby, “the Supreme Court vacated the judgment against Eden Foods and sent the case back to the U.S. Court of Appeals for the Sixth Circuit for further consideration.”[70]

Wheaton College order

On July 3, 2014, the Supreme Court granted a temporary exemption to the approach it suggested as a less restrictive alternative in Hobby Lobby, where the plaintiffs would send a form (EBSA Form 700)[71] to its insurance issuer, which would pay for the contraception. In an unsigned emergency injunction for Wheaton College in Illinois, the court said that instead of notifying its insurance issuer, Wheaton can notify the government. Once notified, the government should notify the issuer. Wheaton believed that by transferring the obligation to cover contraceptives to its insurance issuer, it was triggering that obligation. The emergency injunction does not constitute a ruling on the merits of Wheaton’s religious objection. The court said “Nothing in this interim order affects the ability of the applicant’s employees and students to obtain, without cost, the full range of FDA approved contraceptives.”[72]

In a 15-page dissent joined by the other two women on the court, Justice Sotomayor criticized the majority’s reasoning: “Wheaton’s application comes nowhere near the high bar necessary to warrant an emergency injunction from this court…The court’s actions in this case create unnecessary costs and layers of bureaucracy, and they ignore a simple truth: The government must be allowed to handle the basic tasks of public administration in a manner that comports with common sense.”[73]

In January, the Supreme Court granted a similar temporary injunction to the Little Sisters of the Poor.[74][75][76]

In dueling commentaries between regular SCOTUSblog contributor Marty Lederman and co-founder Tom Goldstein, Lederman argued that only Form 700 can require an insurance provider to pay for contraception coverage. Goldstein argued that an existing regulation allows the government to specify an alternative to Form 700. He pointed out that “the Court didn’t accept Wheaton’s most aggressive argument” that it cannot be required to do anything. He said that Justice Kennedy’s concurrence is controlling and makes clear that the RFRA is not violated by requiring Wheaton to notify the government.[77][78]

Implications

Religious exemption from laws that apply to the general public

Although the court stated clearly that the decision is limited to the contraceptive mandate (Syllabus p. 4-5), the ruling is seen to have consequences extending far beyond contraception. Walter Dellinger, former acting solicitor general said, “for the first time, commercial enterprises could successfully claim religious exemptions from laws that govern everyone else.” Fifteen states had filed a brief arguing that businesses would be able to deny coverage for transfusions, stem cell treatments, and psychiatric care.[6] In line with the dissenting opinion, The American Prospect asked, “[W]ill the taxpayers have to send a check to employees if employers feel that minimum wage laws violate their religious beliefs?”[79] Jonathan Rauch, a senior fellow at the Brookings Institution, said that objections to paying health benefits for same-sex spouses will get traction.[80] The National Gay and Lesbian Task Force (NGLT) and the National Center for Lesbian Rights withdrew their support for the Employment Non-Discrimination Act (ENDA) passed by the Senate, saying that its religious exemptions would allow companies to fire or refuse to hire LGBT workers in light of the Hobby Lobby ruling. NGLT executive director Rea Carey said, “We do not take this move lightly. We’ve been pushing for this bill for 20 years.”[81]

Such concerns are focused on the court’s application of the federal RFRA law and were driven by national controversy over a state RFRA amendment bill in Arizona. Douglas Laycock, law professor at the University of Virginia, said, “The whole secular left has decided” that RFRA laws “are very dangerous because they care so much more about the contraception cases and gay rights.” He said RFRA laws are mischaracterized because they do not dictate outcomes favoring religious objectors, they only require courts to use the highest standard of scrutiny on any law challenged.[6] Mark Kernes, Senior Editor and Chief Legal Analyst forAVN magazine stated in an op-ed piece, “If the Hobby Lobby decision supports the ‘right’ of companies not to make available birth control that will prevent women from “catching” a pregnancy, what’s to keep those same religious companies from arguing that providing access to PrEP drugs like Truvada, which help prevent gays (and, admittedly, everyone) from catching HIV shouldn’t similarly be excluded from their health plans?”[82]

Imposition of religious beliefs onto others

Marcia Greenberger, co-president of the National Women’s Law Center, said that the Supreme Court has never ruled that companies have religious beliefs and that “it has never held that religious exercise provides a license to harm others, or violate the rights of third parties.” Louise Melling, ACLU deputy legal director, said religious freedom “gives us all the right to hold our beliefs, but it doesn’t give you the right to impose your beliefs on others, to discriminate against others.”[7] The editorial board of The New York Times wrote that the decision “swept aside accepted principles of corporate law and religious liberty to grant owners of closely held, for-profit companies an unprecedented right to impose their religious views on employees.”[83] A Fox News columnist wrote, “[W]ith all of the debate about the religious beliefs of the Hobby Lobby owners, what about the religious beliefs of their employees? They are just as important, and should not be trampled upon.”[84]The director of the United Church of Christ’s Washington, D.C. office, said that the ruling “may embolden private employers to claim religious objections to particular health care services, in effect forcing their own religious views upon their employees.”[85] Former Secretary of State Hillary Clinton said, “It’s the first time that our court has said that a closely-held corporation has the rights of a person when it comes to religious freedom, which means that the…corporation’s employers can impose their religious beliefs on their employees.”[86] The Center for American Progress said that the ruling “moves in the direction this court has been moving already, which is talking about corporate personhood—really treating corporations like people, saying that the corporation has a religion itself and that should be imposed on its employees.”[80] Interfaith Alliance leader Rev. Welton Gaddy said, “The First Amendment is at its best when it is used to protect the rights of minorities from the whims of the powerful. Today’s decision, which gives the powerful the right to force their religious beliefs on those around them, is a far cry from the best traditions of religious freedom.”[62]

Scholars on the other side (including some on the left) disagree, arguing that companies owned and run by liberals will likewise benefit from the freedom to operate according to their conscience or values – which has not been viewed as “imposing” views, because people routinely choose whom to associate with based on philosophical compatibility.[87] This debate reflects a larger recurring ideological issue over what constitutes “coercion” or “imposing” – e.g., whether burdens imposed by law onto employers are better or worse than burdens imposed by employers on employees.[88]

Corporate liability

The New York Times editor Dorothy J. Samuels wrote, “If owners indicate that they are not entirely separate from their corporation—by denying corporation employees’ birth control coverage based on their personal religious beliefs—the case could be made in future state-court litigation that they have waived their right to be shielded from responsibility for corporate financial liabilities.”[89] The dean of the UC Irvine School of Law Erwin Chemerinsky said, “The liabilities of the corporation are not attributed to the owners, so why should the owners be able to attribute their beliefs to the company?”[90] Samuels leaves her readers with an adage: “Be careful what you wish for.”[89] Several legal scholars wrote an amicus brief to the Supreme Court for this case arguing this danger, while scholars on the other side counter that incorporated non-profit organizations enjoy liability protection despite their activities based on religious or other values/conscience-based causes.[91]

See also

http://en.wikipedia.org/wiki/Burwell_v._Hobby_Lobby_Stores,_Inc.

Religious Freedom Restoration Act

From Wikipedia, the free encyclopedia
For state versions of the RFRA, see State Religious Freedom Restoration Acts.
For the Indiana legislation, see Indiana SB 101.
Religious Freedom Restoration Act of 1993
Great Seal of the United States
Long title An Act to protect the free exercise of religion.
Acronyms(colloquial) RFRA
Enacted by the 103rd United States Congress
Effective November 16, 1993
Citations
Public Law 103-141
Statutes at Large 107 Stat. 1488
Codification
Titles amended 42 U.S.C.: Public Health and Social Welfare
U.S.C. sections created 42 U.S.C. ch. 21B § 2000bb et seq.
Legislative history
United States Supreme Court cases
City of Boerne v. Flores
Burwell v. Hobby Lobby

The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (November 16, 1993), codified at 42 U.S.C. § 2000bb through 42 U.S.C. § 2000bb-4 (also known as RFRA), is a 1993 United States federal law aimed at preventing laws that “substantially burden” a person’s free exercise of religion. The bill was introduced by Congressman Chuck Schumer (DNY) on March 11, 1993 and passed by a unanimous U.S. House and a near unanimous U.S. Senate with three dissenting votes[1] and was signed into law by President Bill Clinton.

The RFRA was held unconstitutional as applied to the states in the City of Boerne v. Flores decision in 1997, which ruled that the RFRA is not a proper exercise of Congress’s enforcement power. However, it continues to be applied to the federal government—for instance, in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal—because Congress has broad authority to carve out exemptions from federal laws and regulations that it itself has authorized. In response to City of Boerne v. Flores, some individual states passed State Religious Freedom Restoration Acts that apply to state governments and local municipalities.

Provisions

This law reinstated the Sherbert Test, which was set forth by Sherbert v. Verner, and Wisconsin v. Yoder, mandating that strict scrutiny be used when determining whether the Free Exercise Clause of the First Amendment to the United States Constitution, guaranteeing religious freedom, has been violated. In the Religious Freedom Restoration Act, Congress states in its findings that a religiously neutral law can burden a religion just as much as one that was intended to interfere with religion;[2] therefore the Act states that the “Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.”[3]

The law provided an exception if two conditions are both met. First, the burden must be necessary for the “furtherance of a compelling government interest.”[3] Under strict scrutiny, a government interest is compelling when it is more than routine and does more than simply improve government efficiency. A compelling interest relates directly with core constitutional issues.[4] The second condition is that the rule must be the least restrictive way in which to further the government interest.

Background and passage

This tipi is used for Peyote ceremonies in the Native American Church, one of the main religions affected by the Religious Freedom Restoration Act

The Religious Freedom Restoration Act applies to all religions, but is most pertinent[dubious ] to Native American religions that are burdened by increasing expansion of government projects onto sacred land. In Native American religion the land they worship on is very important. Often the particular ceremonies can only take place in certain locations because these locations have special significance.[5] This, along with peyote use, are the main parts of Native American religions that are often left unprotected.

The Free Exercise Clause of the First Amendment states that Congress shall not pass laws prohibiting the free exercise of religion. In the 1960s, the Supreme Court interpreted this as banning laws that burdened a person’s exercise of religion (e.g.Sherbert v. Verner, 374 U.S. 398 (1963); Wisconsin v. Yoder, 406 U.S. 205 (1972)). But in the 1980s the Court began to allow legislation that incidentally prohibited religiously mandatory activities as long as the ban was “generally applicable” to all citizens. Also, the American Indian Religious Freedom Act, intended to protect the freedoms of tribal religions, was lacking enforcement. This led to the key cases leading up to the RFRA, which were Lyng v. Northwest Indian Cemetery Protective Association (1988) and Employment Division v. Smith, 494 U.S. 872 (1990). In Lyng, the Court was unfavorable to sacred land rights. Members of the Yurok, Tolowa and Karok tribes tried to use the First Amendment to prevent a road from being built by the U.S. Forest Service through sacred land. The land that the road would go through consisted of gathering sites for natural resources used in ceremonies and praying sites. The Supreme Court ruled that this was not an adequate legal burden because the government was not coercing or punishing them for their religious beliefs.[6] In Smith the Court upheld the state of Oregon‘s refusal to give unemployment benefits to two Native Americans fired from their jobs at a rehab clinic after testing positive for mescaline, the main psychoactive compound in the peyote cactus, which they used in a religious ceremony. Peyote use has been a common practice in Native American tribes for centuries. It was integrated with Christianity into what is now known as the Native American Church.[7]

The Smith decision outraged the public. Many groups came together. Both liberal (like the American Civil Liberties Union) and conservative groups (like theTraditional Values Coalition) as well as other groups such as the Christian Legal Society, the American Jewish Congress, the Baptist Joint Committee for Religious Liberty, and the National Association of Evangelicals joined forces to support RFRA, which would reinstate the Sherbert Test, overturning laws if they burden a religion.[8] The act, which was Congress’s reaction to the Lyng and Smith cases, passed the House unanimously and the Senate 97 to 3 and was signed into law byU.S. President Bill Clinton.

Applicability

The RFRA applies “to all Federal law, and the implementation of that law, whether statutory or otherwise”, including any Federal statutory law adopted after the RFRA’s date of signing “unless such law explicitly excludes such application.”[9]

Challenges and weaknesses

The Peyote cactus, the source of the peyote used by Native Americans in religious ceremonies.

In 1997, part of this act was overturned by the United States Supreme Court. The Roman Catholic Archdiocese of San Antoniowanted to enlarge a church in Boerne, Texas. But a Boerne ordinance protected the building as a historic landmark and did not permit it to be torn down. The church sued, citing RFRA, and in the resulting case, City of Boerne v. Flores, 521 U.S. 507(1997), the Supreme Court struck down the RFRA with respect to its applicability to States (but not Federally), stating that Congress had stepped beyond their power of enforcement provided in the Fourteenth Amendment.[8] In response to the Boerneruling, Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000, which grants special privileges to religious land owners.[10]

The Act was amended in 2003 to only include the federal government and its entities, such as Puerto Rico and the District of Columbia.[11] A number of states have passed state RFRAs, applying the rule to the laws of their own state, but the Smith case remains the authority in these matters in many states.[12]

The constitutionality of RFRA as applied to the federal government was confirmed on February 21, 2006, as the Supreme Court ruled against the government inGonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418 (2006), which involved the use of an otherwise illegal substance in a religious ceremony, stating that the federal government must show a compelling state interest in restricting religious conduct.

Post-Smith, many members of the Native American Church still had issues using peyote in their ceremonies. This led to the Religious Freedom Act Amendments in 1994, which state, “the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremony purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any state. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation.”[3]

Applications and effects

The Religious Freedom Restoration Act holds the federal government responsible for accepting additional obligations to protect religious exercise. In O’Bryan v. Bureau of Prisons it was found that the RFRA governs the actions of federal officers and agencies and that the RFRA can be applied to “internal operations of the federal government.”[13] RFRA, in conjunction with President Bill Clinton‘s Executive Order in 1996, provided more security for sacred sites for Native American religious rites.[3]

As of 1996, the year before the RFRA was found unconstitutional as applied to states, 337 cases had cited RFRA in its three year time range.[14] It was also found that Jewish, Muslim, and Native American religions, which make up only three percent of religious membership in the U.S., make up 18 percent of the cases involving the free exercise of religion.[14] The Religious Freedom Restoration Act was a cornerstone for tribes challenging the National Forest Service’s plans to permit upgrades to Snow Bowl Ski Resort. Six tribes were involved, including the Navajo, Hopi, Havasupai, and Hualapai. The tribes objected on religious grounds to the plans to use reclaimed water. They felt that this risked infecting the tribal members with “ghost sickness” as the water would be from mortuaries and hospitals. They also felt that the reclaimed water would contaminate the plant life used in ceremonies. In August 2008, the Ninth Circuit Court of Appeals rejected their RFRA claim.[15][16]

In the case of Adams v. Commissioner, the United States Tax Court rejected the argument of Priscilla M. Lippincott Adams, who was a devout Quaker. She tried to argue that under the Religious Freedom Restoration Act of 1993, she was exempt from federal income taxes. The U.S. Tax Court rejected her argument and ruled that she was not exempt. The Court stated: “…while petitioner’s religious beliefs are substantially burdened by payment of taxes that fund military expenditures, the Supreme Court has established that uniform, mandatory participation in the Federal income tax system, irrespective of religious belief, is a compelling governmental interest.”[17] In the case of Miller v. Commissioner, the taxpayers objected to the use of social security numbers, arguing that such numbers related to the “mark of the beast” from the Bible. In its decision, the U.S. Court discussed the applicability of the Religious Freedom Restoration Act of 1993, but ruled against the taxpayers.[18]

The RFRA figured prominently in oral arguments in the case, Burwell v. Hobby Lobby, heard by the Supreme Court on March 25, 2014.[19] In a 5-4 decision, Justice Alito stated, that the RFRA did not just restore the law as before Smith but contains a new regulation that allows to opt out of federal law based on religious beliefs.[20]

20th anniversary

A day-long symposium was held at the Newseum in Washington, D.C., on Nov. 7, 2013, to commemorate the 20th anniversary of the Religious Freedom Restoration Act. “Restored or Endangered? The State of the Free Exercise of Religion in America” featured three panel discussions and two keynote addresses.

The first keynote address was from Oliver S. Thomas, the former general counsel of the Baptist Joint Committee for Religious Liberty and the chair of the diverse “Coalition for the Free Exercise of Religion” in the 1990s that worked for the passage of RFRA. The second was from Douglas Laycock, who was an author of RFRA. His address traced the legal history of RFRA and discussed its impact on current debates, including the contraception mandate and same-sex marriage laws.

The panel discussions covered the history and impact of RFRA, religious freedom and the contraceptive mandate of the Affordable Care Act, and current and future challenges to the free exercise of religion in a diverse society. The addresses and panel discussions are all available online, as well as a special downloadable resource with more on RFRA, published by the Baptist Joint Committee.[21]

See also

http://en.wikipedia.org/wiki/Religious_Freedom_Restoration_Act

First Amendment to the United States Constitution

The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on thefreedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

The Bill of Rights was originally proposed as a measure to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York (1925), the Supreme Courtapplied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment.

In Everson v. Board of Education (1947), the Court drew on Founding Father Thomas Jefferson‘s correspondence to call for “a wall of separation between church and State”, though the precise boundary of this separation remains in dispute. Speech rights were expanded significantly in a series of 20th and 21st-century court decisions which protected various forms of political speech, anonymous speech, campaign financing, pornography, and school speech; these rulings also defined a series of exceptions to First Amendment protections. The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, most notably in New York Times Co. v. Sullivan (1964). Commercial speech, however, is less protected by the First Amendment than political speech, and is therefore subject to greater regulation.

The Free Press Clause protects publication of information and opinions, and applies to a wide variety of media. In Near v. Minnesota (1931) and New York Times v. United States (1971), the Supreme Court ruled that the First Amendment protected against prior restraint—pre-publication censorship—in almost all cases. The Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, the Court has also ruled that the amendment implicitly protects freedom of association.

Text

The Bill of Rights in theNational Archives

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.[1]

Background

Main article: Anti-Federalism

In 1776, the second year of the American Revolutionary War, the Virginia colonial legislature passed a Declaration of Rights that included the sentence “The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments.” Eight of the other thirteen states made similar pledges. However, these declarations were generally considered “mere admonitions to state legislatures”, rather than enforceable provisions.[2]

James Madison, drafter of the Bill of Rights

After several years of comparatively weak government under the Articles of Confederation, a Constitutional Convention in Philadelphia proposed a new constitution on September 17, 1787, featuring among other changes a stronger chief executive. George Mason, a Constitutional Convention delegate and the drafter of Virginia’s Declaration of Rights, proposed that the Constitution include a bill of rights listing and guaranteeing civil liberties. Other delegates—including future Bill of Rights drafter James Madison—disagreed, arguing that existing state guarantees of civil liberties were sufficient and that any attempt to enumerate individual rights risked the implication that other, unnamed rights were unprotected. After a brief debate, Mason’s proposal was defeated by a unanimous vote of the state delegations.[3]

For the constitution to be ratified, however, nine of the thirteen states were required to approve it in state conventions. Opposition to ratification (“Anti-Federalism”) was partly based on the Constitution’s lack of adequate guarantees for civil liberties. Supporters of the Constitution in states where popular sentiment was against ratification (including Virginia, Massachusetts, and New York) successfully proposed that their state conventions both ratify the Constitution and call for the addition of a bill of rights. The U.S. Constitution was eventually ratified by all thirteen states. In the 1st United States Congress, following the state legislatures’ request, James Madison proposed twenty constitutional amendments, which were then condensed to twelve and forwarded to the states. Ten of these were ratified and became the Bill of Rights.[4] The First Amendment passed the House and Senate with almost no recorded debate, complicating future discussion of the Amendment’s intent.[5][6] The First Amendment (along with the rest of the Bill of Rights) was submitted to the states for ratification on September 25, 1789, and adopted on December 15, 1791.[7][8]

Establishment of religion

Main article: Establishment Clause

Thomas Jefferson wrote with respect to the First Amendment and its restriction on the legislative branch of the federal government in an 1802 letter to the Danbury Baptists (a religious minority concerned about the dominant position of the Congregationalist church in Connecticut):

Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between Church & State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.[9]

In Reynolds v. United States (1878) the Supreme Court used these words to declare that “it may be accepted almost as an authoritative declaration of the scope and effect of the amendment thus secured. Congress was deprived of all legislative power over mere [religious] opinion, but was left free to reach [only those religious] actions which were in violation of social duties or subversive of good order.” Quoting from Jefferson’s Virginia Statute for Religious Freedom the court stated further in Reynolds:

In the preamble of this act […] religious freedom is defined; and after a recital ‘that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy which at once destroys all religious liberty,’ it is declared ‘that it is time enough for the rightful purposes of civil government for its officers to interfere [only] when [religious] principles break out into overt acts against peace and good order.’ In these two sentences is found the true distinction between what properly belongs to the church and what to the State.

Originally, the First Amendment applied only to the federal government, and some states continued official state religions after ratification. Massachusetts, for example, was officially Congregationalist until the 1830s.[10] In Everson v. Board of Education (1947), the U.S. Supreme Court incorporated the Establishment Clause (i.e., made it apply against the states). In the majority decision, Justice Hugo Black wrote:

The “establishment of religion” clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion to another … in the words of Jefferson, the [First Amendment] clause against establishment of religion by law was intended to erect ‘a wall of separation between church and State’ … That wall must be kept high and impregnable. We could not approve the slightest breach.[11]

In Torcaso v. Watkins (1961), the Supreme Court ruled that the Constitution prohibits states and the federal government from requiring any kind of religious test for public office. In the Board of Education of Kiryas Joel Village School District v. Grumet (1994),[12] Justice David Souter, writing for the majority, concluded that “government should not prefer one religion to another, or religion to irreligion.”[13] In a series of cases in the first decade of the 2000s—Van Orden v. Perry (2005),McCreary County v. ACLU (2005), and Salazar v. Buono (2010)—the Court considered the issue of religious monuments on federal lands without reaching a majority reasoning on the subject.[14]

Separationists

U.S. President Thomas Jeffersonwrote in his correspondence of “a wall of separation between church and State”.

Everson used the metaphor of a wall of separation between church and state, derived from the correspondence of PresidentThomas Jefferson. It had been long established in the decisions of the Supreme Court, beginning with Reynolds v. United States in 1879, when the Court reviewed the history of the early Republic in deciding the extent of the liberties of Mormons. Chief Justice Morrison Waite, who consulted the historian George Bancroft, also discussed at some length the Memorial and Remonstrance against Religious Assessments by James Madison, who drafted the First Amendment; Madison used the metaphor of a “great barrier.”[15]

Justice Hugo Black adopted Jefferson’s words in the voice of the Court.[16] The Court has affirmed it often, with majority, but not unanimous, support. Warren Nord, in Does God Make a Difference?, characterized the general tendency of the dissents as a weaker reading of the First Amendment; the dissents tend to be “less concerned about the dangers of establishment and less concerned to protect free exercise rights, particularly of religious minorities.”[17]

Beginning with Everson, which permitted New Jersey school boards to pay for transportation to parochial schools, the Court has used various tests to determine when the wall of separation has been breached. Everson laid down the test that establishment existed when aid was given to religion, but that the transportation was justifiable because the benefit to the children was more important. In the school prayer cases of the early 1960s, (Engel v. Vitale and Abington School District v. Schempp), aid seemed irrelevant; the Court ruled on the basis that a legitimate action both served a secular purpose and did not primarily assist religion. In Walz v. Tax Commission (1970), the Court ruled that a legitimate action could not entangle government with religion; in Lemon v. Kurtzman (1971), these points were combined into the Lemon test, declaring that an action was an establishment if:[18]

  1. the statute (or practice) lacked a secular purpose;
  2. its principal or primary effect advanced nor inhibited religion; or
  3. it fostered an excessive government entanglement with religion.

The Lemon test has been criticized by justices and legal scholars, but it remains the predominant means by which the Court enforces the Establishment Clause.[19]In Agostini v. Felton (1997), the entanglement prong of the Lemon test was demoted to simply being a factor in determining the effect of the challenged statute or practice.[20] In Zelman v. Simmons-Harris (2002), the opinion of the Court considered secular purpose and the absence of primary effect; a concurring opinion saw both cases as having treated entanglement as part of the primary purpose test.[19] Further tests, such as the endorsement test and coercion test, have been developed to determine the whether a government action violated the Establishment Clause.[21][22]

In Lemon the Court stated that that the separation of church and state could never be absolute: “Our prior holdings do not call for total separation between church and state; total separation is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable,” the court wrote. “Judicial caveats against entanglement must recognize that the line of separation, far from being a “wall,” is a blurred, indistinct, and variable barrier depending on all the circumstances of a particular relationship.”[23]

Accommodationists

Accommodationists, in contrast, argue along with Justice William O. Douglas that “[w]e are a religious people whose institutions presuppose a Supreme Being”.[24]This group holds that the Lemon test should be applied selectively.[24] As such, for many conservatives, the Establishment Clause solely prevents the establishment of a state church, not public acknowledgements of God nor “developing policies that encourage general religious beliefs that do not favor a particular sect and are consistent with the secular government’s goals.”[25][26]

Free exercise of religion

Main article: Free Exercise Clause

“Freedom of religion means freedom to hold an opinion or belief, but not to take action in violation of social duties or subversive to good order,” In Reynolds v. United States (1878), the Supreme Court found that while laws cannot interfere with religious belief and opinions, laws can be made to regulate some religious practices (e.g., human sacrifices, and the Hindu practice of suttee). The Court stated that to rule otherwise, “would be to make the professed doctrines of religious belief superior to the law of the land, and in effect permit every citizen to become a law unto himself. Government would exist only in name under such circumstances.”[27] In Cantwell v. Connecticut (1940), the Court held that the Due Process Clause of the Fourteenth Amendment applied the Free Exercise Clause to the states. While the right to have religious beliefs is absolute, the freedom to act on such beliefs is not absolute.[28]

In Sherbert v. Verner (1963),[29] the Supreme Court required states to meet the “strict scrutiny” standard when refusing to accommodate religiously motivated conduct. This meant that a government needed to have a “compelling interest” regarding such a refusal. The case involved Adele Sherbert, who was denied unemployment benefits by South Carolina because she refused to work on Saturdays, something forbidden by her Seventh-day Adventist faith.[30] In Wisconsin v. Yoder (1972), the Court ruled that a law that “unduly burdens the practice of religion” without a compelling interest, even though it might be “neutral on its face,” would be unconstitutional.[31][32]

The need for a compelling interest was narrowed in Employment Division v. Smith (1990),[33] which held no such interest was required under the Free Exercise Clause regarding a law that does not target a particular religious practice.[34] In Church of Lukumi Babalu Aye v. City of Hialeah (1993),[35] the Supreme Court ruled Hialeah had passed an ordinance banning ritual slaughter, a practice central to the Santería religion, while providing exceptions for some practices such as thekosher slaughter. Since the ordinance was not “generally applicable,” the Court ruled that it needed to have a compelling interest, which it failed to have, and so was declared unconstitutional.[36]

In 1993, the Congress passed the Religious Freedom Restoration Act (RFRA), seeking to restore the compelling interest requirement applied in Sherbert andYoder. In City of Boerne v. Flores (1997),[37] the Court struck down the provisions of RFRA that forced state and local governments to provide protections exceeding those required by the First Amendment, on the grounds that while the Congress could enforce the Supreme Court’s interpretation of a constitutional right, the Congress could not impose its own interpretation on states and localities.[38] According to the court’s ruling in Gonzales v. UDV (2006),[39] RFRA remains applicable to federal laws and so those laws must still have a “compelling interest”.[40]

http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution

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The Pronk Pops Show 437, March 30, 2015, Story 2: United States Nuclear Deal is Another Obama Disaster — Just Walk Away Kerry — Back To Punishing Economic Sanctions — Iranian Regime Change — Videos

Posted on March 30, 2015. Filed under: American History, Blogroll, Bombs, Breaking News, Business, Communications, Computers, Congress, Consitutional Law, Corruption, Crime, Cruise Missiles, Education, Empires, Energy, European History, Foreign Policy, Government Spending, High Crimes, History, Islam, Israel, Law, Middle East, MIssiles, Neutron Bomb, News, Nuclear, Nuclear, Nuclear Weapons, Philosophy, Photos, Politics, Radio, Raymond Thomas Pronk, Religion, Terror, Terrorism, Videos, Violence, War, Wealth, Weapons, Weapons of Mass Destruction, Wisdom | Tags: , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 437: March 30, 2015 

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Pronk Pops Show 434: March 25, 2015

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Story 2: United States Nuclear Deal is Another Obama Disaster — Just Walk Away Kerry — Back To Punishing Economic Sanctions — Iranian Regime Change — Videos

Treaty Clause

“The President… shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur….

ARTICLE II, SECTION 2, CLAUSE 2

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Iran Nuclear Negotiations: Deal or No Deal? / Ted Cruz, Election 2016

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Walk Away Renee – The left Banke

Walk Away Renee

  1. And when I see the sign that points one way
    The lot we used to pass by every day
    Just walk away, Renee
    You won’t see me follow you back home
    The empty sidewalks on my block are not the same
    You’re not to blame
    From deep inside the tears that I’m forced to cry
    From deep inside the pain that I chose to hide
    Just walk away, Renee
    You won’t see me follow you back home
    Now, as the rain beats down upon my weary eyes
    For me, it cries
    Just walk away, Renee
    You won’t see me follow you back home
    Now, as the rain beats down upon my weary eyes
    For me, it cries
    Your name and mine inside a heart upon a wall
    Still finds a way to haunt me though they’re so small
    Just walk away, Renee
    You won’t see me follow you back home
    The empty sidewalks on my block are not the same
    You’re… Full lyrics on Google Play

    Herman’s Hermits – Walk Away Renee (1968)

    The Four Tops – Walk Away Renee (with lyrics on screen)

Pro-Hassan Rouhani Iranian editor defects while covering nuclear talks in Lausanne

Amir Hossein Motaghi says he no longer sees any “sense” in his profession as he could only write as he was told

A close media aide to Hassan Rouhani, the Iranian president, has sought political asylum in Switzerland after travelling to Lausanne to cover the nuclear talks between Tehran and the West.

Amir Hossein Motaghi, who managed public relations for Mr Rouhani during his 2013 election campaign, was said by Iranian news agencies to have quit his job at the Iran Student Correspondents Association (ISCA).

He then appeared on an opposition television channel based in London to say he no longer saw any “sense” in his profession as a journalist as he could only write what he was told.

“There are a number of people attending on the Iranian side at the negotiations who are said to be journalists reporting on the negotiations,” he told Irane Farda television. “But they are not journalists and their main job is to make sure that all the news fed back to Iran goes through their channels.

“My conscience would not allow me to carry out my profession in this manner any more.” Mr Mottaghi was a journalist and commentator who went on to use social media successfully to promote Mr Rouhani to a youthful audience that overwhelmingly elected him to power.

But he was also subject to the bitter internal arguments within the Iranian regime. One news website claimed he had been forced in to report to the ministry of intelligence weekly, and that he had been tipped off that he might be subject to arrest had he returned to Tehran.


Jason Rezalan

He is said to have been a friend of Jason Rezaian, the Iranian-American reporter for the Washington Post who has been detained in Tehran, and to have campaigned privately for his release.

ISCA, which has come under fire from regime hardliners critical of Mr Rouhani, issued a statement denying that Mr Motaghi was in Lausanne to report for it.

“Amir Hossein Motaghi had terminated his contribution to ISCA and this news agency has not had any reporter at the nuclear talks, except for a photojournalist”, it said.

However, critics said Mr Mottaghi was “prey of the exiled counter-revolutionaries” and had gone to Lausanne with the sole purpose of seeking refugee status in Switzerland.

In his television interview, Mr Mottaghi also gave succour to western critics of the proposed nuclear deal, which has seen the White House pursue a more conciliatory line with Tehran than some of America’s European allies in the negotiating team, comprising the five permanent members of the UN security council and Germany.

“The US negotiating team are mainly there to speak on Iran’s behalf with other members of the 5+1 countries and convince them of a deal,” he said.

http://www.telegraph.co.uk/news/worldnews/middleeast/iran/11500145/Pro-Hassan-Rouhani-Iranian-editor-defects-while-covering-nuclear-talks-in-Lausanne.html

 

NETANYAHU: NUKE DEAL A ‘REWARD FOR IRAN’S AGGRESSION’

Israeli Prime Minister Benjamin Netanyahu has blasted the impending nuclear deal between the P5+1 world powers and the Iranian regime, calling the accord a historically bad agreement that lets Iran race towards nuclear weapons development.

“The deal emerging in Lausanne [Switzerland] sends a message that there is no cost for aggression, and in turn, that there is a reward for Iran’s aggression,” Netanyahu said.

The Israeli Prime Minister vowed to continue fighting against vital threats to the national security of his country.

He added: “We will never close our eyes and we will continue to operate against every threat in every generation, and of course in this generation.”

Netanyahu predicted that many countries in the region would be immediately affected by a bad deal.

“Moderate, responsible countries in the region, primarily Israel but other countries as well, will be the first to be harmed by this agreement,” he said.

On Sunday, the Israeli Prime Minister expressed concern with the Iranian regime’s growing sphere of influence and control.

“After the Beirut-Damascus- Baghdad axis, Iran is carrying out a pincer movement from the south to take over and occupy the entire Middle East. The Iran-Lausanne-Yemen axis is very dangerous to humanity and it must be stopped,” Netanyahu said on Sunday at his weekly cabinet meeting.

Netanyahu suggested in the meeting that the impending nuclear deal likely “paves Iran’s way to the [nuclear] bomb.”

The foreign ministers of Iran and the entire P5+1 world powers met in Switzerland on Monday in hopes to secure a basic framework for a nuclear deal by Tuesday’s March 31 deadline. This marked the first time that all of the negotiating foreign minister’s gathered together at the same event.

Chinese Foreign Minister Wang Yi told the media, “I think it is possible to reach a deal by [Tuesday] night. The gaps are narrowing. I am always optimistic.”

“Our deadline is tomorrow night so obviously we are working very hard,” U.S. Secretary of State John Kerry told reporters.

 

 

Treaty Clause

The President… shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur….

ARTICLE II, SECTION 2, CLAUSE 2

Teacher’s Companion Lesson (PDF)

The Treaty Clause has a number of striking features. It gives the Senate, in James Madison’s terms, a “partial agency” in the President’s foreign-relations power. The clause requires a supermajority (two-thirds) of the Senate for approval of a treaty, but it gives the House of Representatives, representing the “people,” no role in the process.

Midway through the Constitutional Convention, a working draft had assigned the treaty-making power to the Senate, but the Framers, apparently considering the traditional role of a nation-state’s executive in making treaties, changed direction and gave the power to the President, but with the proviso of the Senate’s “Advice and Consent.” In a formal sense, then, treaty-making became a mixture of executive and legislative power. Most people of the time recognized the actual conduct of diplomacy as an executive function, but under Article VI treaties were, like statutes, part of the “supreme Law of the Land.” Thus, as Alexander Hamilton explained in The Federalist No. 75, the two branches were appropriately combined:

The qualities elsewhere detailed as indispensable in the management of foreign relations point out the executive as the most fit in those transactions; while the vast importance of the trust and the operation of treaties as laws plead strongly for the participation of the whole or a portion of the legislative body in the office of making them.

Another reason for involving both President and Senate was that the Framers thought American interests might be undermined by treaties entered into without proper reflection. The Framers believed that treaties should be strictly honored, both as a matter of the law of nations and as a practical matter, because the United States could not afford to give the great powers any cause for war. But this meant that the nation should be doubly cautious in accepting treaty obligations. As James Wilson said, “Neither the President nor the Senate, solely, can complete a treaty; they are checks upon each other, and are so balanced as to produce security to the people.”

The fear of disadvantageous treaties also underlay the Framers’ insistence on approval by a two-thirds majority of the Senate. In particular, the Framers worried that one region or interest within the nation, constituting a bare majority, would make a treaty advantageous to it but prejudicial to other parts of the country and to the national interest. An episode just a year before the start of the Convention had highlighted the problem. The United States desired a trade treaty with Spain, and sought free access to the Mississippi River through Spanish-controlled New Orleans. Spain offered favorable trade terms, but only if the United States would give up its demands on the Mississippi. The Northern states, which would have benefited most from the trade treaty and cared little about New Orleans, had a majority, but not a supermajority, in the Continental Congress. Under the Articles of Confederation, treaties required assent of a supermajority (nine out of thirteen) of the states, and the South was able to block the treaty. It was undoubtedly that experience that impelled the Framers to carry over the supermajority principle from the Articles of Confederation.

At the Convention, several prominent Framers argued unsuccessfully to have the House of Representatives included. But most delegates thought that the House had substantial disadvantages when it came to treaty-making. For example, as a large body, the House would have difficulty keeping secrets or acting quickly. The small states, wary of being disadvantaged, also preferred to keep the treaty-making power in the Senate, where they had proportionally greater power.

The ultimate purpose, then, of the Treaty Clause was to ensure that treaties would not be adopted unless most of the country stood to gain. True, treaties would be more difficult to adopt than statutes, but the Framers realized that an unwise statute could simply be repealed, but an unwise treaty remained a binding international commitment, which would not be so easy to unwind.

Other questions, however, remained. First, are the provisions of the clause exclusive—that is, does it provide the only way that the United States may enter into international obligations?

While the clause does not say, in so many words, that it is exclusive, its very purpose—not to have any treaty disadvantage one part of the nation—suggests that no other route was possible, whether it be the President acting alone, or the popularly elected House having a role. On the other hand, while the Treaty Clause was, in the original understanding, the exclusive way to make treaties, the Framers also apparently recognized a class of less-important international agreements, not rising to the level of “treaties,” which could be approved in some other way. Article I, Section 10, in describing restrictions upon the states, speaks of “Treat[ies]” and “Agreement[s]…with a foreign Power” as two distinct categories. Some scholars believe this shows that not all international agreements are treaties, and that these other agreements would not need to go through the procedures of the Treaty Clause. Instead, the President, in the exercise of his executive power, could conclude such agreements on his own. Still, this exception for lesser agreements would have to be limited to “agreements” of minor importance, or else it would provide too great an avenue for evasion of the protections the Framers placed in the Treaty Clause.

A second question is how the President and Senate should interact in their joint exercise of the treaty power. Many Framers apparently thought that the President would oversee the actual conduct of diplomacy, but that the Senate would be involved from the outset as a sort of executive council advising the President. This was likely a reason that the Framers thought the smaller Senate was more suited than the House to play a key role in treaty-making. In the first effort at treaty-making under the Constitution, President George Washington attempted to operate in just this fashion. He went to the Senate in person to discuss a proposed treaty before he began negotiations. What is less clear, however, is whether the Constitution actually requires this process, or whether it is only what the Framers assumed would happen. The Senate, of course, is constitutionally authorized to offer “advice” to the President at any stage of the treaty-making process, but the President is not directed (in so many words) as to when advice must be solicited. As we shall see, this uncertainty has led, in modern practice, to a very different procedure than some Framers envisioned. It seems clear, however, that the Framers expected that the Senate’s “advice and consent” would be a close review and not a mere formality, as they thought of it as an important check upon presidential power.

A third difficult question is whether the Treaty Clause implies a Senate power or role in treaty termination. Scholarly opinion is divided, and few Framers appear to have discussed the question directly. One view sees the power to make a treaty as distinct from the power of termination, with the latter being more akin to a power of implementation. Since the Constitution does not directly address the termination power, this view would give it to the President as part of the President’s executive powers to conduct foreign affairs and to execute the laws. When the termination question first arose in 1793, Washington and his Cabinet, which included Hamilton and Thomas Jefferson, embraced this view. All of them thought Washington could, on his own authority, terminate the treaty with France if necessary to keep the United States neutral.

A second view holds that, as a matter of the general eighteenth-century understanding of the legal process, the power to take an action (such as passing a statute or making a treaty) implies the power to undo the action. This view would require the consent of the President and a supermajority of the Senate to undo a treaty. There is, however, not much historical evidence that many Framers actually held this view of treaty termination, and it is inconsistent with the common interpretation of the Appointments Clause (under which Senate approval is required to appoint but not to remove executive officers).

The third view is that the Congress as a whole has the power to terminate treaties, based on an analogy between treaties and federal laws. When the United States first terminated a treaty in 1798 under John Adams, this procedure was adopted, but there was little discussion of the constitutional ramifications.

Finally, there is a question of the limits of the treaty power. A treaty presumably cannot alter the constitutional structure of government, and the Supreme Court has said that executive agreements—and so apparently treaties—are subject to the limits of the Bill of Rights just as ordinary laws are. Reid v. Covert (1957). InGeofroy v. Riggs (1890), the Supreme Court also declared that the treaty power extends only to topics that are “properly the subject of negotiation with a foreign country.” However, at least in the modern world, one would think that few topics are so local that they could not, under some circumstances, be reached as part of the foreign-affairs interests of the nation. Some have argued that treaties are limited by the federalism interests of the states. The Supreme Court rejected a version of that argument in State of Missouri v. Holland (1920), holding that the subject matter of treaties is not limited to the enumerated powers of Congress. The revival of interest in federalism limits on Congress in such areas as state sovereign immunity, see Seminole Tribe of Florida v. Florida (1996), and the Tenth Amendment, see Printz v. United States (1997), raises the question whether these limits also apply to the treaty power, but the Court has not yet taken up these matters.

Turning to modern practice, the Framers’ vision of treaty-making has in some ways prevailed and in some ways been altered. First, it is not true—and has not been true since George Washington’s administration—that the Senate serves as an executive council to advise the President in all stages of treaty-making. Rather, the usual modern course is that the President negotiates and signs treaties independently and then presents the proposed treaty to the Senate for its approval or disapproval. Washington himself found personal consultation with the Senate to be so awkward and unproductive that he abandoned it, and subsequent Presidents have followed his example.

Moreover, the Senate frequently approves treaties with conditions and has done so since the Washington administration. If the President makes clear to foreign nations that his signature on a treaty is only a preliminary commitment subject to serious Senate scrutiny, and if the Senate takes seriously its constitutional role of reviewing treaties (rather than merely deferring to the President), the check that the Framers sought to create remains in place. By going beyond a simple “up-or-down” vote, the Senate retains some of its power of “advice”: the Senate not only disapproves the treaty proposed by the President but suggests how the President might craft a better treaty. As a practical matter, there is often much consultation between the executive and members of the Senate before treaties are crafted and signed. Thus modern practice captures the essence of the Framers’ vision that the Senate would have some form of a participatory role in treaty-making.

A more substantial departure from the Framers’ vision may arise from the practice of “executive agreements.” According to the Restatement of Foreign Relations Law of the United States, the President may validly conclude executive agreements that (1) cover matters that are solely within his executive power, or (2) are made pursuant to a treaty, or (3) are made pursuant to a legitimate act of Congress. Examples of important executive agreements include the Potsdam and Yalta agreements of World War II, the General Agreement on Tariffs and Trade, which regulated international trade for decades, and the numerous status-of-forces agreements the United States has concluded with foreign governments.

Where the President acts pursuant to a prior treaty, there seems little tension with the Framers’ vision, as Senate approval has, in effect, been secured in advance. Somewhat more troublesome is the modern practice of so-called congressional–executive agreements, by which some international agreements have been made by the President and approved (either in advance or after the fact) by a simple majority of both houses of Congress, rather than two-thirds of the Senate. Many of these agreements deal particularly with trade-related matters, which Congress has clear constitutional authority to regulate. Congressional–executive agreements, at least with respect to trade matters, are now well established, and recent court challenges have been unsuccessful. Made in the USA Foundation v. United States (2001). On the other hand, arguments for “complete interchangeability”—that is, claims that anything that can be done by treaty can be done by congressional–executive agreement—seem counter to the Framers’ intent. The Framers carefully considered the supermajority rule for treaties and adopted it in response to specific threats to the Union; finding a complete alternative to the Treaty Clause would in effect eliminate the supermajority rule and make important international agreements easier to adopt than the Framers wished.

The third type of executive agreement is one adopted by the President without explicit approval of either the Senate or the Congress as a whole. The Supreme Court and modern practice embrace the idea that the President may under some circumstances make these so-called sole executive agreements. United States v. Belmont (1937); United States v. Pink (1942). But the scope of this independent presidential power remains a serious question. The Pink and Belmont cases involved agreements relating to the recognition of a foreign government, a power closely tied to the President’s textual power to receive ambassadors (Article II, Section 3). The courts have consistently permitted the President to settle foreign claims by sole executive agreement, but at the same time have emphasized that the Congress has acquiesced in the practice. Dames & Moore v. Regan (1981);American Insurance Ass’n v. Garamendi (2003). Beyond this, the modern limits of the President’s ability to act independently in making international agreements have not been explored. With respect to treaty termination, modern practice allows the President to terminate treaties on his own. In recent times, President James Earl Carter terminated the U.S.–Taiwan Mutual Defense Treaty in 1977, and President George W. Bush terminated the ABM Treaty with Russia in 2001. The Senate objected sharply to President Carter’s actions, but the Supreme Court rebuffed the Senate in Goldwater v. Carter (1979). President Bush’s action was criticized in some academic quarters but received general acquiescence. In light of the consensus early in Washington’s administration, it is probably fair to say that presidential termination does not obviously depart from the original understanding, inasmuch as the Framers were much more concerned about checks upon entering into treaties than they were about checks upon terminating them.

http://www.heritage.org/constitution#!/articles/2/essays/90/treaty-clause

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The Pronk Pops Show 437, March 30, 2015, Story 1: Clash of Islamic Sects — War On: Middle East Islamic Sectarian War (Sunni vs. Shia, Arab vs. Persians) — Sunni Coalition of Saudi Arabia, Egypt, United Arab Emirates and Kuwait vs. Islamic Republic of Iran vs. Iranian Proxies (Hezbollah, Palestinian Islamic Jihad, Iraqi Shite Militias, Yemen Houthis) vs. Islamic State vs. Al Quaeda vs Israel and United States of America — Videos

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 sunni-vs-shia
sunni_shiite_by_countrylines in the sandislam1population by country sectpopulation by country sect2

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Arab leaders agree joint military force

By Haitham El-Tabei

Arab leaders agreed on Sunday to form a joint military force after a summit dominated by a Saudi-led offensive on Shiite rebels in Yemen and the threat from Islamist extremism.

Arab representatives will meet over the next month to study the creation of the force and present their findings to defence ministers within four months, according to the resolution adopted by the leaders.

“Assuming the great responsibility imposed by the great challenges facing our Arab nation and threatening its capabilities, the Arab leaders had decided to agree on the principle of a joint Arab military force,” Egyptian President Abdel Fattah al-Sisi told the summit in the resort town of Sharm el-Sheikh.

The decision was mostly aimed at fighting jihadists who have overrun swathes of Iraq and Syria and secured a foothold in Libya, Arab League chief Nabil al-Arabi said ahead of the summit.

On Sunday, Arabi told the meeting the region was threatened by a “destructive” force that threatened “ethnic and religious diversity”, in an apparent reference to the Islamic State group.

“What is important is that today there is an important decision, in light of the tumult afflicting the Arab world,” he said.

Egypt had pushed for the creation of the rapid response force to fight militants, and the matter gained urgency this week after Saudi Arabia and Arab allies launched air strikes on Huthi rebels in Yemen.

Arabi, reading a statement at the conclusion of the summit, said on Sunday the offensive would continue until the Huthis withdraw from regions they have overrun and surrender their weapons.

Several Arab states including Egypt are taking part in the military campaign, which Saudi King Salman said on Saturday would continue until the Yemeni people “enjoy security”.

– ‘Months to create’ –

Yemeni President Abedrabbo Mansour Hadi at the start of the summit called for the offensive to end only when the Huthis “surrender”, calling the rebel leader an Iranian “puppet”.

However, UN Secretary-General Ban Ki-moon urged the leaders to find a peaceful resolution in Yemen.

“It is my fervent hope that at this Arab League summit, leaders will lay down clear guidelines to peacefully resolve the crisis in Yemen,” he said.

James Dorsey, a Middle East analyst with the Singapore-based S. Rajaratnam School of International Studies, said that despite support for a joint-Arab force, “it would still take months to create and then operate on an ad-hoc basis.

“I don’t think we will get an integrated command anytime soon, as no Arab leader would cede control of any part of their army anytime soon,” he said.

“Today we will have a formal declaration that would be negotiated every time during action.”

Sisi said in a recent interview that the proposal for a joint force was welcomed especially by Jordan, which might take part alongside Saudi Arabia, the United Arab Emirates and Kuwait.

Aaron Reese, deputy research director at the Washington-based Institute for the Study of War, said “each of these countries would bring a different capability.

“The Jordanians are well known for their special forces capability… the Egyptians of course have the most manpower and bases close to Libya.”

Before Egyptian air strikes in February targeting the IS in Libya, the United Arab Emirates, which shares Cairo’s antipathy towards Islamists, had reportedly used Egyptian bases to launch its own air strikes there.

Cairo had sought UN backing for intervention in Libya, dismissing attempted peace talks between the rival governments in its violence-plagued North African neighbour as ineffective.

http://news.yahoo.com/arab-leaders-agree-joint-military-force-egypts-sisi-102805435.html

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The Pronk Pops Show 436, March 27, 2015, Story 1: Operation Jade Helm: America’s Military Training Exercise in Southwest United States With 1,200 Special Forces — DisInfo Psyop Against American People — Texas Is Hostile — Ruling Elite Afraid of American People? — Videos

Posted on March 27, 2015. Filed under: American History, Blogroll, Breaking News, Communications, Congress, Consitutional Law, Crime, Economics, Education, Empires, Employment, Energy, European History, Federal Government, Food, Foreign Policy, Gangs, Government, Government Spending, History, Illegal Immigration, Immigration, Investments, Law, Legal Immigration, Media, Middle East, National Security Agency, Networking, News, Nuclear Weapons, Philosophy, Photos, Pistols, Politics, Private Sector Unions, Public Sector Unions, Radio, Raymond Thomas Pronk, Rifles, Spying, Success, Taxation, Terror, Terrorism, Transportation, Unions, United States Constitution, Videos, Violence, War, Wealth, Weapons, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 436: March 26, 2015 

Pronk Pops Show 435: March 25, 2015

Pronk Pops Show 434: March 24, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Story 1: Operation Jade Helm: America’s Military Training Exercise in Southwest United States With 1,200 Special Forces — DisInfo Psyop Against American People — Texas Is Hostile — Ruling Elite Afraid of American People?  — Videos

jade-helm

2015-03-25-16_09_14-258605525-Jade-Helm-Martial-Law-WW3-Prep-Document-1.pdf-Adobe-Readerspecial forces

 SOCOM Plans to Invade HOSTILE Texas Revealed

MSM Caught Lying: Breaking Jade Helm Update

OPERATION:JADE HELM 1 5…GOV TRAINING TO TAKE OVER TEXAS

ARMY and MSM Launch DisInfo Psyop Against American People

Army Betrays One Of Their Own

Jade Helm 15: 2 More States Join, Green Beret Says Drill Ends On 9/11 In Florida

Jade Helm 15: 10 States Now Involved with Massive US Military Exercise

Army Planing a Surprise Visit to US Towns! WHY? The Answer Will Make You Rethink Everything!

Jade Helm 15 – the low down

DEBUNK THIS: OP JADE HELM 15 Surgical Strikes Included

Psy Op Colonel Texas Needs To Submit

Army Special Ops Command Pushes Back Against Infowars

PSYOP and MISO

History of Psychological Operations and Military Information Support Operations

What is United States Army Civil Affairs & Psychological Command(Airborne)

Army MOS 37F Psychological Operations Specialist

304th PSYOP Company – Information video

US Army Reserves Psychological Operations

37F Psychological Operations Specialist (Reserve)

PSYOP Soldiers Training

Army embeds PSYOPS soldiers at local TV stations

Heather Wokusch on ‘Welcome to the Jungle: US Military Psychological Operations’

Sentient World Simulation by James Corbett

The Sentient World Simulation’s aim, according to its creator, is to be a “continuously running, continually updated mirror model of the real world that can be used to predict and evaluate future events and courses of action.” In practical terms that equates to a computer simulation of the planet complete with billions of “nodes” representing every person on the earth.

The EyeOpener- PSYOPS 101: The Technology of Psych Warfare

Yuri Bezmenov: Psychological Warfare Subversion & Control of Western Society (Complete)

Soviet Subversion of the Free World Press, 1984 – Complete

The Quigley Formula – G. Edward Griffin lecture

An excellent lecture by G. Edward Griffin entitled “The Quigley Formula: A conspiratorial view of history as taught by the conspirators themselves”

“Quigley” is the late Carroll Quigley, a Council on Foreign Relations member and historian, as well as mentor to CFR & Trilateral Commission member Bill Clinton.

The lecture is based around the following quote from his book Tragedy & Hope, pp. 1247-1248:

“The National parties and their presidential candidates, with the Eastern Establishment assiduously fostering the process behind the scenes, moved closer together and nearly met in the center with almost identical candidates and platforms, although the process was concealed as much as possible, by the revival of obsolescent or meaningless war cries and slogans (often going back to the Civil War)….The argument that the two parties should represent opposed ideals and policies, one, perhaps, of the Right and the other of the Left, is a foolish idea acceptable only to the doctrinaire and academic thinkers. Instead, the two parties should be almost identical, so that the American people can “throw the rascals out” at any election without leading to any profound or extreme shifts in policy. … Either party in office becomes in time corrupt, tired, unenterprising, and vigorless. Then it should be possible to replace it, every four years if necessary, by the other party, which will be none of these things but will still pursue, with new vigor, approximately the same basic policies.”

Carroll Quigley on Tragedy And Hope

Michael Hastings: Army Deploys Psychological Operations on U.S. Senators in Afghanistan War Effort

Sgt. Biggs On Military Life and Why Michael Hastings was Murdered

Michael Hastings Widow Speaks Out For The First Time To Piers Morgan,Piers Asks Was His Death

Infowars Special Report: Introduction to Media Manipulation & Psychological Operations

Minority Report: Fiction Has Become Reality

Minority Report 2012 Full – CG (Tom Cruise)

Special forces set to swarm Southwest and operate undetected among civilians in massive military exercise

  • Operation Jade Helm will see 1,200 service members including Green Berets and SEALs and special forces from the Air Force and Marines in July
  • Soldiers armed with blank rounds will operate in and around towns in Texas, New Mexico, Arizona, California, Nevada, Utah and Colorado for 8 weeks
  • The so-called Realistic Military Training has some residents fearful the drill is a preparation for martial law

Seven Southwestern states will soon be infiltrated by 1,200 military special ops personnel as part of a controversial domestic military training in which some of the elite soldiers will operate undetected among civilians.

Operation Jade Helm begins in July and will last for eight weeks. Soldiers will operate in and around towns in Texas, New Mexico, Arizona, California, Nevada, Utah and Colorado where some of them wil drop from planes while carrying weapons loaded with blanks in what military officials have dubbed Realistic Military Training.

But with residents of the entire states of Texas and Utah dubbed ‘hostile’ for the purposes of the exercises, Jade Helm has some concerned the drills are too realistic.

Hostile: An unclassified military document reveals the states involved in a controversial multi-agency training exercises that will place 1,200 military personnel into 7 Southwest states--with residents of Utah, Texas and part of Southern California designated as 'hostile'

Hostile: An unclassified military document reveals the states involved in a controversial multi-agency training exercises that will place 1,200 military personnel into 7 Southwest states–with residents of Utah, Texas and part of Southern California designated as ‘hostile’

Special ops: Operation Jade Helm will involve Green Berets and SEALs and special forces from the Air Force and Marines starting in July and lasting 8 weeks

Special ops: Operation Jade Helm will involve Green Berets and SEALs and special forces from the Air Force and Marines starting in July and lasting 8 weeks

Headlines like Freedom Outpost‘s ‘Operation Jade Helm—military trains for martial law in American South-west’ abound across the Right-leaning blogosphere and Info Wars warns that Jade Helm is simply ‘an effort to test the effectiveness of infiltration techniques’ on the American public.

‘They’re having Delta Force, Navy SEALS with the Army trained to basically take over,’ Info Wars’ Alex Jones said Sunday. ‘Texas is listed as a hostile sector, and of course, we are…We’re here defending the republic.’

The Houston Chronicle reports that, among the planned exercises, soldiers will attempt to operate undetected among civilian populations.

Residents, in turn, will be asked to report suspicious activity in order to gauge the effectiveness of the soldiers.

Military officials say they’ve gotten the go ahead for the operations from local authorities such as mayors and county commissions.

And sheriff’s deputies told the Houston Chronicle they would ensure residents living near where aircraft were slated to create disturbances and drop soldiers, civilian and military vehicles will barrel through and where blank rounds would be fired.

Jim Stewart with the Brazos County, Texas Sheriff’s Office told the Chronicle that such exercises are far from anything new.

‘Special ops for years have trained off-post for years, where they go out and have folks that are role players out on the economy,’ said the Army intelligence veteran. ‘They’ll have a scenario they’ll be following and they’ll interact with these role players as if they’re in another country.’

However, the U.S. Army Special Operations Command themselves say Jade Helm is different.

Reassuring? Sheriff's deputies say they will ensure residents living near where aircraft were slated to create disturbances and drop soldiers, civilian and military vehicles will barrel through and where blank rounds would be fired [FILE PHOTO]

Reassuring? Sheriff’s deputies say they will ensure residents living near where aircraft were slated to create disturbances and drop soldiers, civilian and military vehicles will barrel through and where blank rounds would be fired [FILE PHOTO]

Texas, which the military has designated as 'hostile' for the purposes of the training, was chosen to be a hub of the unprecedentedly large program because 'Texans are historically supportive of efforts to prepare our soldiers' writes the USASOC

Texas, which the military has designated as ‘hostile’ for the purposes of the training, was chosen to be a hub of the unprecedentedly large program because ‘Texans are historically supportive of efforts to prepare our soldiers’ writes the USASOC

‘The size and scope of Jade Helm sets this one apart. To stay ahead of the environmental challenges faced overseas, Jade Helm will take place across seven states,’ the USASOC wrote in a March 24 release.

‘The diverse terrain in these states replicates areas Special Operations Soldiers regularly find themselves operating in overseas.’

The military has also reacted to widespread fear of the operation by calling some ultra-conservative coverage of the ‘martial law’ drills alarmist and inaccurate.

‘This exercise is routine training to maintain a high level of readiness for Army Special Operations Forces because they must be ready to support potential missions anywhere in the world on a moment’s notice.’

http://www.dailymail.co.uk/news/article-3013900/Fears-martial-law-special-ops-set-swarm-Southwest-operate-undetected-civilians-ve-deemed-HOSTILE-massive-military-exercise.html

Army Special Operations Command pushes back against alarmist claims about upcoming exercise

U.S. Army Special Operations Command is pushing back against alarmist claims that an upcoming U.S. military exercise is a preparation for imposing martial law or subduing right-leaning groups and individuals.

Conspiracy theories about the exercise, known as JADE HELM 15, appeared online this week. Some commentators railing against the event referred to an online slide show allegedly created by USASOC, which outlined a special operations exercise slated to take place across multiple states, outside the confines of U.S. military bases. In the slide show, a map of the southwest region of the United States labels Texas and other territory as “hostile” or “insurgent pocket.” The document also refers to coordination with law enforcement agencies.

Officials at USASOCM were not able to immediately verify the authenticity of the slide show because their computer firewalls prevented them from accessing the websites where the document appeared.

Army Lt. Col. Mark Lastoria, a USASOC spokesman, confirmed that there is an upcoming exercise called Jade Helm 15 which is scheduled to take place this summer at locations in Texas, Arizona, New Mexico, Utah, Colorado, California and Nevada. But he denied the event is preparation for some sort of military takeover.

“That notion was proposed by a few individuals who are unfamiliar with how and why USASOC conducts training exercises,” he said in an email. “This exercise is routine training to maintain a high level of readiness for Army Special Operations Forces because they must be ready to support potential missions anywhere in the world on a moment’s notice.”

He said the only thing unique about this particular exercise, which is slated to take place between July 15 and Sept. 15, is “the use of new challenging terrain” which was chosen because it is similar to conditions special operations forces operate in overseas.

Lastoria said coordination with local law enforcement is necessary for safety reasons because some of the training will take place outside of military bases where civilian agencies have jurisdiction.

He said his office has been receiving a lot of calls from people who heard about the exercise and are concerned about “the nature of the training objectives.”

http://www.stripes.com/news/us/army-special-operations-command-pushes-back-against-alarmist-claims-about-upcoming-exercise-1.335949

Psychological Operations (United States)

From Wikipedia, the free encyclopedia
United States Military Information Support Operations
PSYOPpics.JPG
Country United States
Allegiance Federal
Branch  United States Army
Type Special operations force
Part of Active Army – =United States Special Operations Command Insignia.svg United States Special Operations Command
US Army Special Operations Command SSI.svg United States Army Special Operations Command

Reserve Army – U.S. Army Civil Affairs Psychological Operations Command(USACAPOC)Garrison/HQFort Bragg, NCPatronSaint GabrielMotto”Persuade, Change, Influence”ColorsArmyBottle-green piped withsilver gray.InsigniaIdentification
symbolArmyKnight chess piece (Often mistaken for the Trojan Horse)

Psychological operations (PSYOP) or, as it has been known since 2010, Military Information Support Operations (MISO),[1] are planned operations to convey selected information and indicators to audiences to influence their emotions, motives, objective reasoning, and ultimately the behavior of governments, organizations, groups, and individuals.[2]

The purpose of United States psychological operations is to induce or reinforce behavior favorable to U.S. objectives. They are an important part of the range of diplomatic, informational, military, and economic activities available to the U.S. They can be utilized during both peacetime and conflict. There are three main types: strategic, operational, and tactical. Strategic PSYOP include informational activities conducted by the U.S. government agencies outside of the military arena, though many utilize Department of Defense (DOD) assets.Operational PSYOP are conducted across the range of military operations, including during peacetime, in a defined operational area to promote the effectiveness of the joint force commander’s (JFC) campaigns and strategies. Tactical PSYOP are conducted in the area assigned to a tactical commander across the range of military operations to support the tactical mission against opposing forces.

PSYOP can encourage popular discontent with the opposition’s leadership and by combining persuasion with a credible threat, degrade an adversary’s ability to conduct or sustain military operations. They can also disrupt, confuse, and protract the adversary’s decision-making process, undermining command and control.[3] When properly employed, PSYOP have the potential to save the lives of friendly or enemy forces by reducing the adversary’s will to fight. By lowering the adversary’s morale and then its efficiency, PSYOP can also discourage aggressive actions by creating disaffection within their ranks, ultimately leading to surrender.

The integrated employment of the core capabilities of electronic warfare, computer network operations, psychological operations, military deception, and operations security, in concert with specified supporting and related capabilities, to influence, disrupt, corrupt or usurp adversarial human and automated decision making while protecting our own.[4]

Products

A Somali boy holding up a leaflet dispersed during Operation Restore Hope in the early 1990s

PSYOP involves the careful creation and dissemination of a product message. There are three types of products that are used to create these messages. They include White products which are used in overt operations and Gray and Black products which are used in covert PSYOP. White, Gray, and Black don’t refer to the product’s content but rather the methods used to carry out the operation.

In order for PSYOP to be successful they must be based in reality. All messages must be consistent and must not contradict each other. Any gap between the product and reality will be quickly noticed. A credible “truth” must be presented which is consistent to all audiences. Primarily it is a component of offensive counterinformation but can be used defensively as well. PSYOP are used in support of special operations, unconventional warfare, and counterinsurgency (COIN) operations. PSYOP can include military operations other than warfare and also include joint operations. They include counterterrorism operations, peace operations, noncombatant evacuation, enforcement of sanctions and maritime interception operations, strikes and raids, etc.

White PSYOP

White PSYOP is attributable to PSYOP as a source.

U.S. Army PSYOP soldiers with Detachment 1080, 318th Psychological Operations Company distribute newspaper products in the East Rashid region of Baghdad, Iraq, July 11, 2007.

White is acknowledged as an official statement or act of the U.S. Government, or emanates from a source associated closely enough with the U.S. Government to reflect an official viewpoint. The information should be true and factual. It also includes all output identified as coming from U.S. official sources.

Authorized to engage in white activity directed at foreign audiences are: The State Department, USIA, the Foreign Operations Administration (a predecessor of the Agency for International Development), the Defense Department and other U.S. Government departments and agencies as necessary.[5]

Gray PSYOP

The source of the gray PSYOP product is deliberately ambiguous.

The true source (U.S. Government) is not revealed to the target audience. The activity engaged in plausibly appears to emanate from a non-official American source, or an indigenous, non-hostile source, or there may be no attribution.

Gray is that information whose content is such that the effect will be increased if the hand of the U.S. Government and in some cases any American participation are not revealed. It is simply a means for the U.S. to present viewpoints which are in the interest of U.S. foreign policy, but which will be acceptable or more acceptable to the intended target audience than will an official government statement.[5][dead link]

Black PSYOP

The activity engaged in appears to emanate from a source (government, party, group, organization, person) usually hostile in nature. The interest of the U.S. Government is concealed and the U.S. Government would deny responsibility. It is best used in support of strategic plans.

Covert PSYOP is not a function of the U.S. military but instead is used in special operations due to their political sensitivity and need for higher level compartmentalization. Further, black PSYOP, to be credible, may need to disclose sensitive material, with the damage caused by information disclosure considered to be outweighed by the impact of successful deception.[6] In order to achieve maximum results and to prevent compromise of overt PSYOP, overt and covert operations need to be kept separate. Personnel involved in one must not be engaged in the other.

Media

PSYOP conveys messages via visual, audio, and audiovisual media. Military psychological operations, at the tactical level, are usually delivered by loudspeaker, and face to face communication. For more deliberate campaigns, they may use leaflets, radio or television. Strategic operations may use radio or television broadcasts, various publications, airdropped leaflets, or, as part of a covert operation, with material placed in foreign news media.

Process

In order to create a successful PSYOP the following must be established: 1) clearly define the mission so that it aligns with national objectives 2) need a PSYOP estimate of the situation 3) prepare the plan 4) media selection 5) product development 6) pretesting – determines the probable impact of the PSYOP on the target audience 7) production and dissemination of PSYOP material 8) implementation 9) posttesting – evaluates audience responses 10) feedback

Before these steps can occur, intelligence analysts must profile potential targets in order to determine which ones it would be most beneficial to target. In order to figure this out, analysts must determine the vulnerabilities of these groups and what they would be susceptible to. The analysts also determine the attitudes of the targets toward the current situation, their complaints, ethnic origin, frustrations, languages, problems, tensions, attitudes, motivations, and perceptions, and so on. Once the appropriate target(s) have been determined, the PSYOP can be created.

Psychological operations should be planned carefully, in that even a tactical message, with modern news media, can spread worldwide and be treated as the policy of the United States. The U.S. Army is responsible for military psychological warfare doctrine.[6] See the World War I section for an example of how a tactical leaflet, not properly coordinated, can cause national-level harm.

Psychological operations, at any level, must be consistent with the policies of higher levels of command

The message to be delivered can be adapted to tactical situations, but promises made must be consistent with national policy.

U.S. PSYOP forces are forbidden to target (i.e., attempt to change the opinions of) U.S. citizens at any time, in any location globally, or under any circumstances.[7] However, commanders may use PSYOP forces to provide public information to U.S. audiences during times of disaster or crisis. The use of PSYOP forces to deliver necessary public information to a U.S. audience was established in relief activities after Hurricane Andrew in 1992. Tactical Psychological Operations teams (TPTs) were employed to disseminate information by loudspeaker on locations of relief shelters and facilities. Information support to a noncombatant evacuation operation (NEO) by PSYOP forces to provide evacuation information to U.S. and third-country nationals would also adhere to the order.[6]

As an example of the use of PSYOP in a humanitarian relief operation Major General Anthony Zinni, Director of Operations for Unified Task Force Somalia, said

Psychological operations were a key Battlefield Operating System used extensively to support Unified Task Force (UNITAF) Somalia operations. In order to maximize the PSYOP impact, we established a Joint PSYOP Task Force under the supervision of the Director of Operations, integrated PSYOP into all plans and operations, and limited the PSYOP focus to the operational and tactical levels. Psychological operations do not accomplish missions alone. They work best when they are combined with and integrated in an overall theater campaign plan. In Operation RESTORE HOPE, we were successful in doing that.[6]

Psychological Operations Units

The bulk of U.S. military psychological units are in the Army. White PSYOP can come from the Voice of America or regional radio/TV. Central Intelligence Agencyunits are apt to have responsibility, on a strategic level, for black and some gray propaganda. White propaganda, especially at the strategic level, comes from theVoice of America or United States Information Agency.

In the United States Department of Defense, Psychological Operations units exist as the Army‘s 4th Psychological Operations Group and Air Force with COMMANDO SOLO units[8] under the Air Force Special Operations Command’s 193rd Special Operations Wing. The United States Navy also plans and executes limited PSYOP missions.[9]

United States PSYOP units and soldiers of all branches of the military are prohibited by law from conducting PSYOP missions on domestic audiences.[7] While PSYOP soldiers may offer non-PSYOP related support to domestic military missions, PSYOP can only target foreign audiences. Though, it is worth noting that this does not rule out PSYOP targeting foreign audiences of allied nations. Additionally, in the Information Operations Roadmap made public January 2006 but originally approved by Defense Secretary Donald Rumsfeld in October 2003, it stated “information intended for foreign audiences, including public diplomacy and PSYOP, increasingly is consumed by our domestic audience and vice-versa.”[10]

Army

Chieu Hoi Mission by Craig L. Stewart, U. S. Army Vietnam Combat Artists Team IX (CAT IX 1969-70). Painting shows army soldiers airdropping Psy Op leaflets during the Vietnam War.

Soldiers from the U.S. Army’s 350th Tactical Psychological Operations, 10th Mountain Division, drop leaflets over a village near Hawijah in Kirkuk province, Iraq, on March 6, 2008.

U.S. Army PSYOP Force structure

Until recently, the Army’s Psychological Operations elements were administratively organized alongside Civil Affairs to form the U.S. Army Civil Affairs and Psychological Operations Command (USACAPOC), forming a part of the U.S. Army Special Operations Command (USASOC). However, in May 2006 USCAPOC was reorganized to instead fall under the Army reserve command, and all active duty PSYOP elements were placed directly into USASOC. While reserve PSYOP forces no longer belong to USASOC, that command retains control of PSYOP doctrine. Operationally, PSYOP individuals and organizations support Army and Joint maneuver forces or interagency organizations.

Army Psychological Operations support operations ranging from strategic planning down to tactical employment.

PSYOP Support Elements generally support Corps sized elements. Tactical Psychological Operations Companies typically support Division sized elements, with Tactical Control through G-3. Brigades are typically supported by a Tactical PSYOP Detachment. The PSYOP Commander maintains Operational Control of PSYOP elements, advises the Commander and General Staff on the psychological battlespace.

The smallest organizational PSYOP element is the Tactical PSYOP Team (TPT). A TPT generally consists of a PSYOP team chief (Staff Sergeant or Sergeant), an assistant team chief (Sergeant or Specialist), and an additional soldier to serve as a gunner and to operate the speaker system (Specialist). A team is equipped with a Humvee fitted with a loud speaker, and often works with a local translator indigenous to the host or occupied country.

Generally, each maneuver battalion-sized element in a theater of war or operational area has at least one TPT attached to it. Women are not allowed to serve on TPTs in a war zone due to a PSYOP team’s high chance of contact with the enemy.

U.S. Army PSYOP branch of service collar insignia and regimental distinctive insignia.

PSYOP soldiers are required to complete nine weeks of Basic Combat Training. All enlisted PSYOP soldiers report to Fort Bragg to complete the 13-week Psychological Operation Advanced Individual Training (AIT) course. After AIT, the active duty-component PSYOP soldier is then required to attend Airborne training. Sometime after initial training, PSYOP soldiers will spend up to a year (or perhaps more for specific languages) in foreign language qualification training. Certain reserve soldiers serving in units designated as Airborne are also required to attend Airborne training, while language training and Airborne qualification for PSYOP soldiers assigned to non-Airborne units is awarded on a merit and need basis.

A U.S. Army field manual released in January 2013 states that “Inform and Influence Activities” are critical for describing, directing, and leading military operations. Several Army Division leadership staff are assigned to “planning, integration and synchronization of designated information-related capabilities.”[11]

Army Units

301st PSYOP Company, United States Army Reserve, hand out school supplies in Baghdad, Iraq, 2005.

There are four psychological operations units in the U.S. Army:

The 4th Military Information Support Group (Airborne), based in Fort Bragg, had been the only active duty PSYOP element in the United States Army, until the 8th Military Information Support Group (Airborne) was activated on the 26th of August, 2011. The 2nd and the 7th Psychological Operations Groups are in the Army Reserve.

Inactive Units

245th Psychological Operations Company (POC) – Dallas, Texas

  • *Became the 345th PSYOP Company. Deployed soldiers during Operation Desert Storm (The Gulf War).
  • The 345th also deployed post 9-11 to Afghanistan working with U.S. Army Special Forces. In 2003 the 345th deployed to Iraq in support of Operation Iraqi Freedom. Since November 2001, the 345th Tactical Psychological Operations Company (Airborne) has continuously had a detachment of deployed soldiers in Afghanistan, Iraq and / or Horn of Africa.
244th Psychological Operations Company (POC)

Air Force

Commando Solo flies low over theStatue of Liberty in New York Harbor in 2001.

The Air National Guard provides support for Psychological Operations using a modified C-130 Hercules aircraft named EC-130 COMMANDO SOLO, operated by the 193d Special Operations Wing. The purpose of COMMANDO SOLO is to provide an aerial platform for broadcast media on both television and radio. The media broadcast is created by various agencies and organizations. As part of the broader function of information operations, COMMANDO SOLO can also jam the enemy’s broadcasts to his own people, or his psychological warfare broadcasting.

The Commando Solo aircraft currently is the only stand-off, high-altitude means available to PSYOP forces to disseminate information to large denied areas. Two orbits were established during Operation Iraqi Freedom, the 2003 invasion of Iraq, one in the northern area and one in the southern part of the country, both far enough from harm’s way to keep the aircraft out of reach of potential enemy attack. At their operational altitude of 18,000 feet (5,500 m) and assuming clear channels, these aircraft can transmit radio and TV signals approximately 170 miles (270 km), which does not reach the objective areas near Baghdad. Straightforward physics dictate the range, given the power installed and the antenna configuration and assuming clear channels.

The enhanced altitude capability of the Commando Solo EC–130J (now funded) is increasing transmitter range. While this is an improvement over 130E capability, it is a small step, since the

increase in altitude is only 7,000 feet (less than 50 percent) and the range increase is governed by a square root function (that is, a 14 percent increase in range).[12]

A challenge to COMMANDO SOLO is the increasing use of cable television, which will not receive signals from airborne, ground, or any other transmitters that the cable operator does not want to connect to the system. At best, in the presence of cable TV, COMMANDO SOLO may be able to jam enemy broadcasts that are not, themselves, transmitted by cable.

Navy

Navy psychological operations policy is specified in OPNAVINST 3434.1, “Psychological Operations”.[9] The Navy provides support to Joint PSYOP programs by providing assets (such as broadcast platforms using shortwave and very high frequency (VHF) frequencies) for the production and dissemination of PSYOP materials. With the ability of naval vessels (especially the larger task forces) to produce audio-visual materials the Navy can often produce PSYOP products for use in denied areas. Leaflets are dropped utilizing the PDU-5B dispenser unit (aka Leaflet Bomb). The Navy coordinates extensively with the Army as the majority of PSYOP assets reside within USASOC. PSYOP planning and execution is coordinated through the Naval Network Warfare Command (NETWARCOM) and the Naval Information Operations Command (NIOC), both located in Norfolk, VA.

The U.S. Navy possesses the capability to produce audiovisual products in the Fleet Audiovisual Command, Pacific; the Fleet Imagery Command, Atlantic; the Fleet Combat Camera Groups; Naval Imaging Command; various film libraries; and limited capability from ships and aircraft of the fleet. A Naval Reserve PSYOP audiovisual unit supports the Atlantic Fleet. Navy personnel assets have the capability to produce documents, posters, articles, and other material suitable for PSYOP. Administrative capabilities exist ashore and afloat that prepare and produce various quantities of printed materials. Language capabilities exist in naval intelligence and among naval personnel for most European and Asian languages. The Fleet Tactical Readiness Group provides equipment and technical maintenance support to conduct civil radio broadcasts and broadcast jamming in the amplitude modulation frequency band. This unit is not trained to produce PSYOP products and must be augmented with PSYOP personnel or linguists when necessary. The unit is capable of being fully operational within 48 hours of receipt of tasking. The unit’s equipment consists of a 10.6 kW AM band broadcast radio transmitter; a broadcast studio van; antenna tuner; two antennas (a pneumatically raised 100-foot (30 m) top-loaded antenna mast and a 500-foot (150 m) wire helium balloon antenna); and a 30 kW generator that provides power to the system.

Central Intelligence Agency

Psychological operations was assigned to the pre-CIA Office of Policy Coordination, with oversight by the Department of State.[13] The overall psychological operations of the United States, overt and covert, were to be under the policy direction of the U.S. Department of State during peacetime and the early stages of war:

The Secretary of State shall be responsible for:

(1) The formulation of policies and plans for a national foreign information program in time of peace. This program shall include all foreign information activities conducted by departments and agencies of the U. S. Government.[13]

(2) The formulation of national psychological warfare policy in time of national emergency and the initial stages of war.[13]

(3) The coordination of policies and plans for the national foreign information program and for overt psychological warfare with the Department of Defense, with other appropriate departments and agencies of the U.S. Government, and with related planning…[13]

(4) Plans prepared by this organization for overt psychological

warfare in time of national emergency or the initial stages of war shall

provide for:[13]

a. Coordination of overt psychological warfare with:

  1. Covert psychological warfare.
  2. Censorship.
  3. Domestic information.[13]

b. The employment and expansion, insofar as is feasible, of the activities and facilities which compose the national foreign information program in time of peace, in order to assure rapid transition to operations in time of national emergency or war.[13]

c. Control of the execution of approved plans and policies by:

(1) the Department of Defense in theaters of military operations;

(2) the Department of State in areas other than theaters of military operations.[13]

d. Transmittal of approved psychological warfare plans and policies to theater commanders through the Joint Chiefs of Staff.[13]

After the OPC was consolidated into the CIA,[5] there has been a psychological operations staff, under various names, in what has variously been named the Deputy Directorate of Plans, the Directorate of Operations, or the National Clandestine Service.

History of U.S. Psychological Warfare

World War I

During World War I, the Propaganda Sub-Section was established under the American Expeditionary Force (AEF) Military Intelligence Branch within the Executive Division of the General Staff in early 1918. Although they produced most propaganda, the AEF Propaganda Sub-Section did not produce a few of the leaflets. General Pershing is supposed to have personally composed Leaflet “Y,” Austria Is Out of the War, which was run off on First Army presses, but distributed by the Propaganda Sub-Section. That Sub-Section, perhaps reflecting some professional jealousy, thought the leaflet sound in principle, but too prolix and a little too “brotherly.” Corps and Army presses issued several small leaflet editions containing a “news flash,” after the Sub-Section had approved their content. But in one or two cases that approval was not obtained, and in one unfortunate example a leaflet in Romanian committed the Allies and the United States to the union of all Romanians in Austria-Hungary with Romania. Such geopolitics was emphatically not the job of AEF propaganda and had the potential to cause serious embarrassment.[6]

World War II

There was extensive use of psychological operations in World War II, from the strategic to the tactical. National-level white propaganda was the responsibility of theOffice of War Information, while black propaganda was most often the responsibility of the Morale Operations branch of the Office of Strategic Services (OSS).[14]

Psychological operations planning started before the U.S. entry into the war, with the creation of the Office of the Coordinator of Inter-American Affairs (OCIAA), under Nelson Rockefeller, with the responsibility for psychological operations targeted at Latin America.[15] Special operations and intelligence concerning Latin America was a bureaucratic problem throughout the war. Where the OSS eventually had most such responsibilities, the FBI had its own intelligence system in Latin America.

On 11 July 1941, William Donovan was named the Coordinator of Information, which subsequently became the OSS. At first, there was a unit called the Foreign Information Service inside COI, headed by Robert Sherwood, which produced white propaganda outside Latin America.[15]

To deal with some of the bureaucratic problems, the Office of War Information (OWl) was created with Elmer Davis as director. FIS, still under Sherwood, became the Overseas Branch of OWl, dealing in white propaganda. OSS was created at the same time. Donovan obtained considerable help from the British, especially with black propaganda, from the British Political Warfare Executive (PWE), part of the Ministry of Economic Warfare. PWE was a sister organization to the Special Operations Executive, which conducted guerilla warfare. The British Secret Intelligence Service (SIS, also known as MI6), was an essentially independent organization. For the U.S., the OSS included the functions of SIS and SOE, and the black propaganda work of PWE.

The OSS Morale Operations (MO) branch was the psychological operations arm of OSS. In general, its units worked on a theater-by-theater basis, without a great deal of central coordination.[15] It was present in most theaters, with the exception of the Southwest Pacific theater under Douglas MacArthur, who was hostile to OSS.

OSS was responsible for strategic propaganda, while the military commanders had operational and tactical responsibility. Dwight Eisenhower was notably supportive of psychological operations, had psychological warfare organization in the staff of all his commands, and worked with OSS and OWI.[15] The military did theater-level white propaganda, although the black propaganda function varied, often carried out by joint U.S.-UK organizations.

For the first time in U.S. history, American psywarriors employed electronic psywar in the field, in September 1944. Engineers of the 1st Radio Section of the 1st MRBC recorded POW interviews for front- line broadcasts, and reproduced the sound effects of vast numbers of tanks and other motor vehicles for Allied armored units in attempts to mislead German intelligence and lower enemy morale.[6]

Leaflets were delivered principally from aircraft, but also with artillery shells.[16]

Cold War

Radio

The U.S. engaged in major worldwide radio broadcasts to combat communism, through Radio Free Europe and Radio Liberty.[17][18]

Korea

U.S. Army loudspeaker team in action in Korea

Psychological operations were used extensively during the Korean War. The first unit, the 1st Loudspeaker and Leaflet Company, was sent to Korea in fall 1950.[19][20] Especially for the operations directed against troops of the Democratic Republic of Korea (DPRK; North Korea), it was essential to work with Republic of Korea (ROK; South Korea personnel) to develop propaganda with the most effective linguistic and cultural context.

Since the war was a United Nations mandated operation, political sensitivities were high. While rules limited mentioning thePeoples Republic of China or the Soviet Union, first due to fear it would increase their intervention, and later because it might demoralize ROK civilians, Stalin was depicted and Chinese troops were targeted in leafleting.[21][20]

Various methods were used to deliver propaganda, with constraints imposed by exceptionally rugged terrain and that radios were relatively uncommon among DPRK and PRC troops. Loudspeaker teams often had to get dangerously close to enemy positions. Artillery and light aircraft delivered leaflets on the front lines, while heavy bombers dropped leaflets in the rear. Over 2.5 billion leaflets were dropped over North Korea during the war.[19] There was a somewhat artificial distinction made between strategic and tactical leaflets: rather than differentiating by the message, tactical leaflets were delivered within 40 miles (64 km) of the front lines and strategic leaflets were those delivered farther away.

Less direct and immediate correlation between tactical PSYOP efforts and target audience behavior may still be substantiated after the fact, especially by means of polling and interviews. For example, in the Korean War, approximately one-third of the total prisoner of war (POW) population polled by the United Nations (UN) forces claimed to have surrendered at least in part because of the propaganda leaflets. The contributions of PSYOP in the first Persian Gulf War have also been corroborated through POW interviews. Ninety-eight percent of the 87,000 POWs captured either possessed or had seen PSYOP leaflets that provided them with instructions on how to approach U.S. troops to surrender. Fifty-eight percent of the prisoners interviewed claimed to have heard coalition radio broadcasts, and 46 percent believed that the coalition broadcasts were truthful despite coming from their enemy. Again, some portion of the surrenders might have occurred even without PSYOP encouragement; but certainly, there would appear to be a correlation between PSYOP, which offered the enemy a way to escape the onslaught of U.S. military power, and their compliance with those instructions.[12]

One such operation, is Operation Moolah. The objective of the psychological operation was to target Communist pilots to defect to South Korea with a MiG-15, in order for the U.S. to conduct analysis of the capabilities of the MiG.

Some leafleting of North Korea was resumed after the Korean War, such as in the Cold War Operation Jilli from 1964 to 1968.[22]

Guatemala

The CIA’s operation to overthrow the Government of Guatemala in 1954 marked an early zenith in the Agency’s long record of covert action. Following closely on two successful operations, one of which was the installation of the Shah as ruler of Iran in August 1953, the Guatemalan operation, known as PBSUCCESS, was both more ambitious and more thoroughly successful than either precedent. Rather than helping a prominent contender gain power with a few inducements, PBSUCCESS used an intensive paramilitary and psychological campaign to replace a popular, elected government with a political non-entity. In method scale and conception it had no antecedent, and its triumph confirmed the belief of many in the Eisenhower Administration that covert operations offered a safe, inexpensive substitute for armed force in resisting what they declared was Communist inroad in the Third World.[23]

Vietnam

Psychological operations were extensively used in Vietnam, with white propaganda under the United States Information Agency and Military Assistance Command Vietnam, and grey and black propaganda under the Central Intelligence Agency and the Studies and Observation Group.

As early as August 1964, almost one year before the activation of the Joint U.S. Public Affairs Office (JUSPAO), General William Westmoreland told a CA and PSYOP conference that “psychological warfare and civic action are the very essence of the counterinsurgency campaign here in Vietnam…you cannot win this war by military means alone.” Westmoreland’s successor, Creighton Abrams, is known to have sent down guidelines to the 4th Psychological Operations Group that resulted in the drawing up of no fewer than 17 leaflets along those lines. In fact, the interest in PSYOP went all the way up to the Presidency; weekly reports from JUSPAO were sent to the White House, as well as to the Pentagon and the Ambassador in Saigon. In sum, it is a myth that the United States, stubbornly fixated on a World War II-style conventional war, was unaware of the “other war.”[6]

Safe conduct pass.

During the Vietnam era, the organization of the 4th Psychological Operations Group was very different. The four battalions of the group were divided by geographic region rather than area of expertise as they are now.

  • The 6th PSYOP Battalion was stationed at Bien Hoa and provided services to the tactical units, both American and Vietnamese, and to the various political entities such as provinces and cities in the area of III Corps.
  • The 7th PSYOP Battalion was stationed in Da Nang and provided service to I Corps.
  • The 8th PSYOP Battalion was based at Nha Trang, but it its B Company, which was its field teams, was based out ofPleiku nearly 100 kilometers away. The 8th Battalion served the II Corps area of Vietnam.
  • The 10th PSYOP Battalion was stationed in Can Tho and served IV Corps.

The A company of each battalion consisted of a command section, S-1, S-2, S-3, and a Psyop Development Center (PDC). Additionally, they generally had extensive printing facilities.

The B companies consisted of the field teams that were stationed throughout their respective corps billeted with MACV teams and combat units.

Nicaragua

The CIA wrote a manual for right-wing rebels—the Contras—entitled Psychological Operations in Guerrilla Warfare in order to bolster their fight against the MarxistSandinistas. See also CIA activities in Nicaragua

Sweden

There are individual authors who claim that U.S. submarines and other vessels “frequently” and “regularly” operated in the territorial waters of neutral Sweden, including in Stockholm harbor, as part of an elaborate psychological warfare operation whose target was the Swedish people. The Swedish people and government were led to believe that the vessels were Soviet. U.S. operations were likely conducted by the National Underwater Reconnaissance Office (NURO) and aspects of the operations were coordinated with the secret NATO “stay-behind” network deployed in Sweden. See Strategy of tension and Operation Gladio. British submarines also participated in such secret operations. The campaign was successful in totally changing the psychology of the Swedish people: the Swedish population was convinced of the “present danger” posed by the desired enemy, the Soviet Union, and was prepared for war against it. Also, since the Swedish government continued to release “enemy” submarines, large parts of the Swedish population turned against their government’s conciliatory attitude and adopted more hard-line views.[24]

Russian Whiskey-Class Submarine stranded===

Grenada and Panama

Most PSYOP activities and accomplishments in Panama were hardly noticed by either the U.S. public or the general military community. But the special operations community did notice. The lessons learned in Panama were incorporated into standard operating procedures. Where possible, immediate changes were made to capitalize on the PSYOP successes of the Grenada and Panama operations. This led to improved production, performance, and effect in the next contingency, which took place within 6 months after the return of the last PSYOP elements from Panama. Operations [in Iraq] employed PSYOP of an order of magnitude and effectiveness which many credit to the lessons learned from Panama.[6]

The broader scope of information operations in Panama included denying the Noriega regime use of their own broadcasting facilities. A direct action missionremoved key parts of the transmitters.[25] After-action reports indicate that this action should have had a much higher priority and been done very early in the operation.

An unusual technique, developed in real time, was termed the “Ma Bell Mission”, or, more formally, capitulation missions. There were a number of Panamian strongpoints that continued to have telephone access. By attaching Spanish-speaking Special Forces personnel to a combat unit that would otherwise take the strongpoint by force, the Spanish-speaking personnel would phone the Panamian commander, tell him to put away his weapons and assemble his men on the parade ground, or face lethal consequences. Because of the heavy reliance on telephones, these missions were nicknamed “Ma Bell” operations. “During this ten day period, TF BLACK elements were instrumental in the surrender of 14 cuartels (strongpoints), almost 2,000 troops, and over 6,000 weapons without a single U.S. casualty. Several high-ranking cronies of Manuel Noriega who were on the “most wanted” list were also captured in Ma Bell operations.[25]

Psychological operations sometimes are intimately linked to combat operations, with the use of force driving home the propaganda mission. During the Panamanian operation, it was necessary ? Ft. Amador, an installation shared by the U.S. and Panamanian Defence Forces (PDF). There were U.S. dependents at the installation, but security considerations prevented evacuating them before the attack. Concern for U.S. citizens, and rules of engagement (ROE) that directed casualties be minimized, PSYOP loudspeaker teams, from the 1st Bn, 4th PSYOP Gp, became a key asset. When the PDF did not surrender after initial appeals, the message changed, with the tactical commander warning “that resistance was hopeless in the face of overwhelming firepower and a series of demonstrations took place, escalating from small arms to 105 mm howitzer rounds. Subsequent broadcasts convinced the PDF to give up. The entire process allowed Ft. Amador to be secured with few casualties and minimal damage.”[26]

United States PSYOP became a part of popular culture during the U.S. invasion of Panama, the America public watched on TV as PSYOP soldiers blasted rock music into the Vatican Embassy to drive out ousted leader Manuel Noriega. However, it is widely believed inside the PSYOP community that the reasoning for the music was not actually to drive Noriega out, but to keep American news reporters from listening in on the negotiations for Noriega’s surrender.[citation needed]

The 1991 Gulf War

Psychological Operations was extremely valuable during the Gulf War due to the Iraqi military’s desire to avoid combat. Through leaflets and loudspeaker broadcasts, PSYOP forces walked many enemy soldiers through successful surrender.

Coalition forces worked extensively with Saudi, Kuwaiti, and other partners, to be sure psychological operations were culturally and linguistically appropriate.[27] One unusual technique involved dropping leaflets telling Iraqi troops that they would be bombed the next day by B-52 bombers, and urged them to surrender and save their lives. After the bombing the next day, which was not done in a manner to maximize casualties, another set of leaflets were dropped, saying the promise was kept and the survivors should surrender to save themselves. Variants of this technique were used on other units, telling them the specific unit that had been bombed the previous day. By the number of prisoners who surrendered, presenting the leaflet that identified itself as a safe-conduct pass, this program was effective.

Bosnia and Kosovo

TV station secured by SFOR

United States PSYOP was widely employed in both Bosnia and Kosovo, most famously for their “mine awareness” campaign and its Superman comic.[citation needed]

The broader scope of information operations in Bosnia included denying groups, breaking the peace agreement, of the use of their own broadcasting facilities, with capture or destruction of the transmitters.[citation needed]

Controversies

CNN and NPR interns incident

In the 1990s it came to light that soldiers from the 4th Psychological Operations Group had been interning at the American news networks Cable News Network (CNN) and National Public Radio (NPR). The program was an attempt to provide its PSYOP personnel with the expertise developed by the private sector under its “Training with Industry” program. The program caused concern about the influence these soldiers might have on American news and the programs were terminated.

National Public Radio reported on April 10, 2000:

The U.S. Army’s Psychological Operations unit placed interns at CNN and NPR in 1998 and 1999. The placements at CNN were reported in the European press in February of this year and the program was terminated. The NPR placements will be reported this week in TV Guide.[28]

Toppling of Saddam Hussein statue

Arguably the most visible image of the 2003 invasion of Iraq was the toppling of a statue of Saddam Hussein in Firdos Square in central Baghdad. Allegations that the event was staged have been published. It is claimed it was actually an idea hatched by an Army psychological operations team.[29] Allegations surfaced that not only were the cheering group of people surrounding the statue in fact smaller than they were made out to be, in media depictions, but that also the group were not local to the area and were instead brought in by the military for the specific purpose of watching and lending credence to the pre-planned toppling.[30][31][32]

Use of music in the interrogation of prisoners

PSYOP pamphlet disseminated inIraq. The text translates as “This is your future al-Zarqawi,” and depicts al-Qaeda terrorist al-Zarqawi caught in a rat trap which is being held by an Iraqi Army soldier or an Iraqi Policeman.

In 2003 Sergeant Mark Hadsell claimed to have used loud music during the interrogation of Iraqi prisoners:[33]

“These people haven’t heard heavy metal. They can’t take it. If you play it for 24 hours, your brain and body functions start to slide, your train of thought slows down and your will is broken. That’s when we come in and talk to them.”[33]

Other reports of the use of music during interrogation have occasionally plagued PSYOP.[34]

On 9 December 2008 the Associated Press reported that various musicians were coordinating their objections to the use of their music as a technique for softening up captives through an initiative called Zero dB.[35][36] However, not all musicians have taken issue with the possibility that their music is being used during interrogations. Stevie Benton of the groupDrowning Pool commented supportively:[36]

“I take it as an honor to think that perhaps our song could be used to quell another 9/11 attack or something like that.”[36]

Afghanistan burning bodies incident

On 1 October 2005 in Gumbad, Afghanistan, Soldiers from the 173rd Airborne decided to burn the bodies of two Taliban fighters killed in a firefight the previous day for hygienic reasons. Despite Islamic customs that forbid cremation, they chose to proceed. The Platoon Leader also failed to properly notify his Battalion Commander of the decision prior to burning the bodies. When his Battalion Commander was notified, he ordered the flaming bodies extinguished. An official investigation into the incident found evidence of poor decision making, poor judgement, poor reporting, a lack of knowledge and respect for local Afghan custom and tradition. The Infantry Officer received a General Officer letter of reprimand. Reserve PSYOP soldiers were involved because they heard about the incident and used the information to incite Taliban fighters in another area where freelance journalist Stephen Dupont was located. Dupont reported that the PSYOP soldiers claimed the bodies were to be burned due to hygiene concerns.[37]

During the War on Terror, U.S. PSYOP teams often broadcast abrasive messages over loudspeakers to try tempting enemy fighters into a direct confrontation where the Americans have the upper hand. Other times, they use their loudspeaker to convince enemy soldiers to surrender. In the Afghanistan incident, a PSYOP sergeant allegedly broadcast the following message to the Taliban:

Attention, Taliban, you are all cowardly dogs. You allowed your fighters to be laid down facing west and burned. You are too scared to retrieve their bodies. This just proves you are the lady boys we always believed you to be.

Another soldier stated:

You attack and run away like women. You call yourself Talibs but you are a disgrace to the Muslim religion and you bring shame upon your family. Come and fight like men instead of the cowardly dogs you are.

U. S. authorities investigated the incident and the two Reserve PSYOP Soldiers received administrative punishment for broadcasting messages which were not approved. Investigators found no evidence that the bodies were burned for a psychological effect. They concluded that the broadcast violated standing policies for the content of loudspeaker messages and urged that all soldiers in the command undergo training on Afghan sensitivities.[38]

Pentagon Analysts and the Main Stream Media

In 2008, The New York Times exposed how analysts portrayed in the U.S. news media as independent and objective were in fact under the tutelage of the Pentagon.[39] From the NYT:

Hidden behind that appearance of objectivity, though, is a Pentagon information apparatus that has used those analysts in a campaign to generate favorable news coverage of the administration’s wartime performance

2009 congressional delegation to Afghanistan

In February 2011, journalist Michael Hastings published an article in Rolling Stone reported that Lt. Colonel Michael Holmes, the supposed leader of a PSYOP group in Afghanistan, alleged that Lt. Gen. William B. Caldwell a three-star General in charge of training troops in Afghanistan,[40] ordered Holmes and his group to perform in-depth research on visiting U.S. congressmen in order to spin presentations and visits.[41] According to Holmes, his team was tasked with “illegally providing themes and messages to influence the people and leadership of the United States.”[42] Reported targets included United States Senators John McCain,Joe Lieberman, Jack Reed, Al Franken, Carl Levin, Rep. Steve Israel of the House Appropriations Committee; Adm. Mike Mullen of the Joint Chiefs of Staff; the Czech ambassador to Afghanistan; the German interior minister, and think-tank analysts.[41] Under the 1948 Smith–Mundt Act, such operations may not be used to target Americans. When Holmes attempted to seek counsel and to protest, he was placed under investigation by the military at the behest of General Caldwell’s chief of staff.[41]

Caldwell’s spokesman, Lt. Col. Shawn Stroud, denied Holmes’s assertions, and other unnamed military officials disputed Holmes’s claims as false and misleading, saying there are no records of him ever completing any PSYOP training. Subsequently Holmes conceded that he was not a Psychological Operations officer nor was he in charge of a Psychological Operations unit and acknowledged that Caldwell’s orders were “fairly innocuous.”[43] Officials say that Holmes spent his time in theater starting a strategic communications business with Maj. Laural Levine, with whom he conducted an improper relationship in Afghanistan. A former aid said, “At no point did Holmes ever provide a product to Gen. Caldwell”. General David Petraeus has since ordered an investigation into the alleged incident.[42]

Portrayals in popular culture

See also

http://en.wikipedia.org/wiki/Psychological_Operations_%28United_States%29

 

Synthetic Environment for Analysis and Simulations

From Wikipedia, the free encyclopedia
  (Redirected from Sentient World Simulation)

Purdue University‘s Synthetic Environment for Analysis and Simulations, or SEAS, is currently being used by Homeland Security and the US Defense Department to simulate crises on the US mainland.[1] SEAS “enables researchers and organizations to try out their models or techniques in a publicly known, realistically detailed environment.”[2] It “is now capable of running real-time simulations for up to 62 nations, including Iraq, Afghanistan, and China. The simulations gobble up breaking news, census data, economic indicators, and climactic events in the real world, along with proprietary information such as military intelligence. […] The Iraq and Afghanistan computer models are the most highly developed and complex of the 62 available to JFCOM-J9. Each has about five million individual nodes representing things such as hospitals, mosques, pipelines, and people.”[1]

SEAS was developed to help Fortune 500 companies with strategic planning. Then it was used to help “recruiting commanders to strategize ways to improve recruiting potential soldiers”. In 2004 SEAS was evaluated for its ability to help simulate “the non-kinetic aspects of combat, things like the diplomatic, economic, political, infrastructure and social issues”.[3]

Sentient World Simulation is the name given to the current vision of making SEAS a “continuously running, continually updated mirror model of the real world that can be used to predict and evaluate future events and courses of action.”[4]

Development and use

SEAS technology resulted from over ten years of research at Purdue University, funded by the Department of Defense, several Fortune 500 companies, the National Science Foundation, the Century Fund of the state of Indiana, and the Office of Naval Research. Originally, SEAS was developed to help Fortune 500 companies with strategic planning. It was also used to model the population of the U.S. that is eligible for military service to help “recruiting commanders to strategize ways to improve recruiting potential soldiers”[3]and to study biological attacks.[5]

In January 2004 SEAS was evaluated by the Joint Innovation and Experimentation Directorate (J9) of the US Joint Forces Command (JFCOM) for its ability to help simulate “the non-kinetic aspects of combat, things like the diplomatic, economic, political, infrastructure and social issues” at the Purdue Technology Park during Breaking Point 2004, an environment-shaping war game resulting in the conclusion that it “moves us from the current situation where everyone comes together and sits around a table discussing what they would do, to a situation where they actually play in the simulation and their actions have consequences.”[3]

In 2006 JFCOM-J9 used SEAS to war game warfare scenarios for Baghdad in 2015. In April 2007 JFCOM-J9 began working with Homeland Security and multinational forces in a homeland defense war gaming exercise.[1]

Sentient World Simulation

The Sentient World Simulation project (SWS) is to be based on SEAS. The ultimate goal envisioned by Alok R. Chaturvedi on March 10, 2006 was for SWS to be a “continuously running, continually updated mirror model of the real world that can be used to predict and evaluate future events and courses of action. SWS will react to actual events that occur anywhere in the world and incorporate newly sensed data from the real world. […] As the models influence each other and the shared synthetic environment, behaviors and trends emerge in the synthetic world as they do in the real world. Analysis can be performed on the trends in the synthetic world to validate alternate worldviews. […] Information can be easily displayed and readily transitioned from one focus to another using detailed modeling, such as engineering level modeling, to aggregated strategic, theater, or campaign-level modeling.”[4]

Personnel

Alok R. Chaturvedi is the founder and the Director of SEAS Laboratory[6] as well as the technical lead for the Sentient World Simulation project initiated by US Joint Forces Command.[7]

See also

Sources and notes

  1. ^ Jump up to:a b c The Register article Sentient world: war games on the grandest scale published June 23, 2007
  2. Jump up^ SEAS
  3. ^ Jump up to:a b c Purdue University article USJFCOM teams with Purdue University to add the human factor to war game simulations published February 6, 2004
  4. ^ Jump up to:a b Purdue University abstract from Alok Chaturvedi titled Computational Challenges for a Sentient World Simulation published March 10, 2006
  5. Jump up^ Purdue University article Indiana researchers tap into grid computing to prepare for disasters published June 24, 2002
  6. Jump up^ Purdue University Dr. Alok R. Chaturvedi – Director, SEAS Labs
  7. Jump up^ Indiana University WITS 2006 Discussion Panel

Further reading

  • Live and Computational Experimentation in Bio-terror Response Alok Chaturvedi – Purdue Homeland Security Institute – Krannert School of Management – Department of Computer Sciences – Purdue University – West Lafayette, IN, USA
  • Application of Proven Parallel Programming Algorithmic Design to the Aggregation/De-aggregation Problem
  • NATO article Using the Multinational Experiment 4 (MNE4) Modeling and Simulation Federation to Support Joint Experimentation begins with: “Multinational experimentation is a critical element of the United States Joint Forces Command’s (USJFCOM) Experimentation Directorate (J9) joint concept development and experimentation program. The Multinational Experiment (MNE) series explores ways to achieve a coalition’s political goals by influencing the behaviour of our adversaries by relying on the full weight of the coalition’s collective national powers (diplomatic, information, military and economics actions). MNE4, conducted in February – March 2006, was one such experimentation venue that explored new ways to apply the various elements of the coalition’s considerable influence, short of direct military conflict. MNE4 required an extensive international modeling and simulation (M&S) development effort with models provided by France, Germany and the United States.”

 

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The Pronk Pops Show 435, March 26, 2015, Story 1: “doveryai no proveryai” (trust, but verify) — Who Do You Trust? President Obama and Secretary of State John Kerry, and/or Islamic Republic of Iran Led By Terrorist Mullahs? None of The Above — No Trust — Eliminate All Iranian Nuclear Weapon Facilities — Overthrow The Terrorist Mullahs with Crippling Sanctions — Support The Iranian People! — What Do The Iranian People Think? — Death To The Dictator and Mullahs — Videos

Posted on March 26, 2015. Filed under: American History, Blogroll, Books, Breaking News, Business, Communications, Consitutional Law, Education, European History, Foreign Policy, Government, History, Law, Media, Middle East, News, Nuclear, Nuclear Weapons, Obama, Philosophy, Photos, Politics, Radio, Raymond Thomas Pronk, Scandals, Terror, Terrorism, United States Constitution, Videos, Violence, War, Wealth, Weapons, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Pronk Pops Show 435: March 25, 2015

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Pronk Pops Show 380: December 1, 2014

 Story 1: “doveryai no proveryai” (trust, but verify) — Who Do You Trust? President Obama and Secretary of State John Kerry, and/or Islamic Republic of Iran Led By Terrorist Mullahs?  None of The Above — No Trust — Eliminate All Iranian Nuclear Weapon Facilities — Overthrow The Terrorist Mullahs with Crippling Sanctions — Support The Iranian People! — What Do The Iranian People Think? — Death To The Dictator and Mullahs — Videos

Amid nuke talks, Ayatollah says ‘death to America’

Iran Supreme Leader “Ali Khamenei” Chants “Dead to America”

funny iranian mullah lost his mind

Iranian Mullah (Haeri Shirazi): Kill the Protestersاظهارات

Iranian Mullah (Haeri Shirazi): Kill the Protesters
In a television appearance shocking in its candidness, a leading Iranian ayatollah says that it would be far better for the Islamic Republic to simply murder those protesting against the regime, rather than arrest and beat them. Meanwhile, an unknown group claiming to represent Iranian soldiers threatens to take up arms against the regime.
Killing the opposition protesters, the ayatollah insists, ‘is sanctioned by obedience to Allah.’

In a live interview broadcast on the Islamic Republic’s national television station sometime within the last two weeks, Ayatollah Mehyaddin Haeri Shirazi described a Communist protest movement from the early years of the Islamic Republic, noting how it was effectively crushed by the authorities. The government targeted opposition activists, he said, “arrested them in the afternoon and the same night announced the names of 30 people killed or executed by the government forces.”
In reaction to the arrests and killings, Shirazi continued, “nothing happened. Why? Because they killed them.”
Expanding on what he sees as the lesson from those events, the ayatollah said,”The more of them [the opposition] are killed, the more beneficial [to the people]. If the armed forces kill some of them, it is to our benefit.”
On the other hand, Shirazi continued, “When they are arrested, it is bad [for public opinion], when they are captured [it is bad for public opinion]. Do not make victims out of them.”
Killing the opposition protesters, the ayatollah insists, “is sanctioned by obedience to Allah and the prophet and is handed down to the Supreme Leader [Ayatollah Khamenei]. When it is sanctioned by such a power, there is no need to go through the government powers.”
Shirazi warned the opposition forces, “Do not look upon the Supreme Leader [simply] as a person with a soft turban on his head, and that you can beat him. His support comes from the Hidden Imam Mahdi, he [Khamenei] is made of iron. It will come back down to break your own heads.”

doveryai no proveryaitrust but verifyMassie_TrustButVerifylgfirebird

reagan

AV473-18

“I know in my heart that man is good, that what is right will always eventually triumph, and there is purpose and worth to each and every life.”

~President Ronald Reagan

“While we were talking with the Europeans in Tehran, we were installing equipment in parts of the facility in Isfahan. In fact, by creating a calm environment, we were able to complete the work in Isfahan.”

~Hassan Rouhani, was a lead nuclear negotiator years ago

Trust but verify

Trust but Verify: Reagan, Russia and Me

In Trust but Verify, Suzanne Massie shares her interactions with President Reagan during the days that were to transform America’s relationship with its most dangerous adversary. She was to become “Reagan’s window on the Soviet Union” at a critical time in his efforts to reduce, if not end, the threat of nuclear weapons. The President called and wrote to her often and invited her back to the White House sixteen times to help him better understand the Russian spirit that lay behind the mask of Communist power. It was she who introduced the President to the now famous Russian proverb — “doveryai no proveryai” (trust, but verify) — that became his signature phrase when addressing U.S. and Soviet Union relations.

Iranium – The Islamic Republic’s Race to Obtain Nuclear Weapons

A timely and powerful documentary presenting the danger posed to the free world by a nuclear Iran. The film exposes the radical Islamic ideology guiding Iran’s leaders, and the destruction it causes.

Benjamin Netanyahu: Iran “the greatest terrorist regime in the world”

Obama UN Speech On Iran: We Are Not Seeking Regime Change

NUCLEAR IRAN: FOREIGN POLICY EXPERT SAYS IRAN WILL DECEIVE US AGAIN

As a possible nuclear deal with Iran draws near, Dr. Behzad Tabatabaei addressed a crowded room at the Westlake Village Inn on behalf of the Thousand Oaks Republican Women Federation, where he provided a comprehensive history as to why the regime cannot be trusted.

“80% of our problems right now would be solved if there was a regime change in Iran,” said Dr. Tabatabaei. “The single most destructive regime on the planet is the clerical regime of Iran. And they have no incentive to come to a negotiated deal with the United States.”

Tabatabaei is an international business and political economist who has advised several foreign governments in strategic and intergovernmental affairs. He also was an advisor to former Massachusetts Governor Mitt Romney’s foreign policy team during the last presidential election. His area of expertise is in international economic development and the state sponsorship of terrorism.

Tabatabaei noted that “the majority of people want the change. Only the people who have political power at the top want the regime to stay the same.”

He recounted how Iran’s 2009 “Green Revolution” was a missed opportunity for America to help Iranians overthrow the regime. The revolution began after reformist Mir-Hossein Mousavi lost to Mahmoud Ahmadinejad in what is believed to have been a rigged election.

“People were chanting, ‘Obama are you with us or are you with them?’ He chose the wrong side. He clearly chose the wrong side of history,” by not providing U.S. support to the masses.”

As for why Iran is so unstoppable, Tabatabaei said: “Because it is a learned behavior. This clerical Iranian Regime was never truly punished for its inequities and bad behavior,” he said, referring to the hostage crisis of 1979-1981.

Iran was deceitful again during the Iran-Contra affair (1985-1987) when they released three U.S. hostages in Lebanon only to kidnap three more almost directly afterwards.

But it was in 1986, he said, that the Iranians realized Reagan was a force to be reckoned with. It was on April 18 of that year when, according to the New York Times, “six American ships destroyed two Iranian oil platforms in what the Reagan Administration said was retaliation for the mining that damaged a Navy vessel” the week before.

After Reagan, however, the Iranians continued down their path of deceit, Tabatabaei said, which has enabled them to increase their power.

Tabatabaei noted to Breitbart News that Iran’s current, Hassan Rouhani, was a lead nuclear negotiator years ago, In a 2004 speech to his colleagues, which was only made public in 2013, Rouhani admitted flat-out that the regime had been lying and buying time with Europeans in order to advance its nuclear program right under their noses: “While we were talking with the Europeans in Tehran, we were installing equipment in parts of the facility in Isfahan. In fact, by creating a calm environment, we were able to complete the work in Isfahan.”

“That’s the kind of regime you’re dealing with,” Tabatabaei told Breitbart News.

http://www.breitbart.com/national-security/2015/03/22/nuclear-iran-foreign-policy-expert-says-iran-will-deceive-us-again/

Rouhani speaks with French, British, Russian leaders as nuclear talks resume

Iran’s president spoke with the leaders of France, Britain, China and Russia on Thursday in an apparent effort to break an impasse holding up a nuclear deal between Tehran and major world powers.

He also raised the Saudi-led military operation against Iranian-backed Houthi fighters in Yemen, a divisive issue. U.S. Secretary of State John Kerry also brought Yemen up ahead of nuclear negotiations in Switzerland with Tehran’s Foreign Minister Mohammad Javad Zarif.

The United States is pushing for a nuclear deal between Iran and major powers before a March 31 deadline, and officials close to the talks said some kind of preliminary agreement was possible.

Western powers fear Iran wants to build nuclear bombs, though Tehran says its atomic research is for peaceful purposes. The powers hope to persuade Iran to scale back its nuclear activity in return for the removal of sanctions.

France, Britain and Russia announced the phone calls, which were confirmed on Rouhani’s Twitter feed. Rouhani also said he spoke with his Chinese counterpart and sent a letter outlining Tehran’s position to the leaders of all six countries negotiating with Tehran — Britain, China, France, Germany, Russia and the United States.

In the rare direct exchange between Paris and Tehran, French President Francois Hollande said Iran had a right to civilian nuclear power but insisted on a “lasting, robust and verifiable Iranian nuclear program that guarantees Iran will not get an atomic weapon”, a statement from the French presidency said.

Last week officials close to the negotiations said France was demanding more stringent conditions than its Western allies for any future agreement.

Rouhani reiterated Tehran’s principal demand — that the most crippling sanctions be lifted immediately.

“All unjust sanctions against the Iranian nation should be lifted,” he said on Twitter.

“Lifting all sanctions is the main issue that can help us reaching the final solution … This is a unique opportunity which is in the benefit of the region and the world and should be seized.”

Western powers insist that sanctions relief must come gradually, though European and U.S. measures against Iranian energy and financial sectors and some U.N. sanctions could be suspended quickly, officials close to the talks said.

British Prime Minister David Cameron’s spokeswoman told reporters after the call that the two sides agreed it was possible to conclude a framework nuclear deal by end-March.

Rouhani also spoke with Russian President Vladimir Putin, the Kremlin said.

Rouhani said on his Twitter feed that he had raised military operations in Yemen launched by Iran’s regional rival Saudi Arabia with all four leaders.

KERRY MEETS ZARIF

Meanwhile, Kerry and Zarif met twice on Thursday in Lausanne, Switzerland after resuming negotiations aimed at clinching a nuclear deal before a March 31 deadline.

Kerry raised the Yemen crisis before those conversations began, a State Department spokesman said, though a senior U.S. official told Reuters the issue did not have any impact on the nuclear negotiations.

Washington and Tehran take opposing stands on Saudi-led air strikes in Yemen against Shi’ite Houthi rebels allied to Iran who are fighting to oust Yemen’s president.

Earlier, Iranian media quoted Zarif as condemning the Saudi-led military operation against the Shi’ite Muslim Houthi fighters in Yemen, and demanding that it stop.

By contrast, Kerry spoke to the foreign ministers of Saudi Arabia and other Gulf Cooperation Council members on Thursday and welcomed their decision to take action against the Houthis, a senior U.S. official said.

Iran and the six powers are seeking a political framework accord by the end of this month that would lay the foundations for a full nuclear deal by June 30.

Under a final settlement, Tehran would halt sensitive nuclear work for at least a decade and in exchange, international sanctions would be lifted.

Speaking to reporters traveling with Kerry from Washington on Wednesday, a senior State Department official said the six powers would not rush to complete a framework agreement just because there was a March 31 deadline.

But the official said the parties had made progress at last week’s inconclusive round of negotiations in Lausanne.

“We very much believe we can get this done by the 31st,” the official said. “We see a path to do that.” The official added, however, that there was no guarantee of success.

Ali Akbar Salehi, head of Iran’s Atomic Energy Organisation, also said a deal was possible but not certain. “It is difficult to forecast whether we can reach a result at this round of talks but we are moving toward reaching a mutual understanding in all technical issues,” he told Iranian state television.

Israel, Saudi Arabia, France and the U.S. Congress have all raised concerns that the administration of President Barack Obama might be willing to conclude a deal that would allow Iran to develop a nuclear weapons capability in the future.

http://www.reuters.com/article/2015/03/26/us-iran-nuclear-idUSKBN0ML1Y120150326

 

AP EXCLUSIVE: IRAN MAY RUN CENTRIFUGES AT FORTIFIED SITE

The United States is considering letting Tehran run hundreds of centrifuges at a once-secret, fortified underground bunker in exchange for limits on centrifuge work and research and development at other sites, officials have told The Associated Press.

The trade-off would allow Iran to run several hundred of the devices at its Fordo facility, although the Iranians would not be allowed to do work that could lead to an atomic bomb and the site would be subject to international inspections, according to Western officials familiar with details of negotiations now underway. In return, Iran would be required to scale back the number of centrifuges it runs at its Natanz facility and accept other restrictions on nuclear-related work.

Instead of uranium, which can be enriched to be the fissile core of a nuclear weapon, any centrifuges permitted at Fordo would be fed elements such as zinc, xenon or germanium for separating out isotopes used in medicine, industry or science, the officials said. The number of centrifuges would not be enough to produce the amount of uranium needed to produce a weapon within a year – the minimum time-frame that Washington and its negotiating partners demand.

The officials spoke only on condition of anonymity because they were not authorized to discuss details of the sensitive negotiations as the latest round of talks began between U.S. Secretary of State John Kerry and Iranian Foreign Minister Mohammed Javad Zarif. The negotiators are racing to meet an end-of-March deadline to reach an outline of an agreement that would grant Iran relief from international sanctions in exchange for curbing its nuclear program. The deadline for a final agreement is June 30.

One senior U.S. official declined to comment on the specific proposal but said the goal since the beginning of the talks has been “to have Fordo converted so it’s not being used to enrich uranium.” That official would not say more.

The officials stressed that the potential compromise on Fordo is just one of several options on a menu of highly technical equations being discussed in the talks. All of the options are designed to keep Iran at least a year away from producing an atomic weapon for the life of the agreement, which will run for at least 10 years. U.S. Energy Secretary Ernest Moniz has joined the last several rounds as the negotiations have gotten more technical.

Experts say the compromise for Fordo could still be problematic. They note it would allow Iran to keep intact technology that could be quickly repurposed for uranium enrichment at a sensitive facility that the U.S. and its allies originally wanted stripped of all such machines – centrifuges that can spin uranium gas into uses ranging from reactor fuel to weapons-grade material.

And the issue of inspector access and verification is key. Iran has resisted “snap inspections” in the past. Even as the nuclear talks have made progress, Iran has yet to satisfy questions about its past possible nuclear-related military activity. The fact that questions about such activity, known as Possible Military Dimensions, or PMDs, remain unresolved is a serious concern for the U.N. atomic watchdog.

In addition, the site at Fordo is a particular concern because it is hardened and dug deeply into a mountainside making it resistant – possibly impervious – to air attack. Such an attack is an option that neither Israel nor the U.S. has ruled out in case the talks fail.

And while too few to be used for proliferation by themselves, even a few hundred extra centrifuges at Fordo would be a concern when looked at in the context of total numbers.

As negotiations stand, the number of centrifuges would grow to more than 6,000, when the other site is included. Olli Heinonen, who was in charge of the Iran nuclear file as a deputy director general of the U.N’s International Atomic Energy Agency until 2010, says even 6,000 operating centrifuges would be “a big number.”

Asked of the significance of hundreds more at Fordo, he said, “Every machine counts.”

Iran reported the site to the IAEA six years ago in what Washington says was an attempt to pre-empt President Barack Obama and the prime ministers of Britain and France going public with its existence a few days later. Tehran later used the site to enrich uranium to a level just a technical step away from weapons-grade until late 2013, when it froze its nuclear program under a temporary arrangement that remains in effect as the sides negotiate.

Twice extended, the negotiations have turned into a U.S.-Iran tug-of-war over how many of the machines Iran would be allowed to operate since the talks resumed over two years ago. Tehran denies nuclear weapons ambitions, saying it wants to enrich only for energy, scientific and medical purposes.

Washington has taken the main negotiating role with Tehran in talks that formally remain between Iran and six world powers, and officials told the AP at last week’s round that the two sides were zeroing in on a cap of 6,000 centrifuges at Natanz, Iran’s main enrichment site.

That’s fewer than the nearly 10,000 Tehran now runs at Natanz, yet substantially more than the 500 to 1,500 that Washington originally wanted as a ceiling. Only a year ago, U.S. officials floated 4,000 as a possible compromise.

One of the officials said discussions focus on an extra 480 centrifuges at Fordo. That would potentially bring the total number of machines to close to 6,500.

David Albright of Washington’s Institute for Security and International Security says a few hundred centrifuges operated by the Iranians would not be a huge threat – if they were anywhere else but the sensitive Fordo site.

Beyond its symbolic significance, “it keeps the infrastructure in place and keeps a leg up, if they want to restart (uranium) enrichment operations,” said Albright, who is a go-to person on the Iran nuclear issue for the U.S. government.

http://hosted.ap.org/dynamic/stories/I/IRAN_NUCLEAR_TALKS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-03-26-12-09-16

Suzanne Massie

From Wikipedia, the free encyclopedia

Suzanne Massie is an American author and played an important role in the relations between Ronald Reagan and the Soviet Union in the final years of the Cold War.[1]

Massie is the daughter of a Swiss diplomat. She was born in New York and graduated from Vassar College, but also studied at the Sorbonne and the Ecole des Sciences Politiques in Paris.

In 1975, Suzanne Massie and her then-husband Robert K. Massie chronicled their experiences as the parents of a hemophiliac child, Robert Kinloch Massie IV, and the significant differences between the American and French health-care systems in their jointly-written book, Journey. She subsequently married Seymour Papert.

Reagan first became interested in Massie when he read her book Land of the Firebird: The Beauty of Old Russia. She eventually visited the White House where she became an informal messenger between the President and Mikhail Gorbachev and his administration. She also asked Reagan to learn the now famous Russian phrase “doveryai, no proveryai”, which means “Trust, but verify”. Her importance in contributing to Reagan’s understanding of the Russian people, assisting in reaching a peaceful end to the Cold War, was described in detail in a number of documentary films. She applied for the job of Soviet ambassador via a letter to Reagan but was rejected, as the post had already been filled.

A fellow of the Harvard Russian Research Center (now the Davis Center) from 1985-97, Massie has also served on the Board of the International League for Human Rights. In 1991 she was appointed as the only lay member of the Permanent Episcopal-Orthodox Coordinating Committee which has involved bi-annual discussions in Russia and the United States with hierarchs of the church, including Patriarch Aleksy II.

Massie currently resides in Maine, but travels regularly to Russia and is writing a book about her experiences and her interpretation of the years of dramatic change in American-Russian relations.

Books by Suzanne Massie

  • Massie, Suzanne, Trust but Verify: Reagan, Russia and me, Maine Authors Publishing, 2013: Paperback and Hardcover
  • Massie, Suzanne, Land of the Firebird: The Beauty of Old Russia, Simon & Schuster 1980: Paperback; Touchstone 1982
  • Massie, Suzanne, Pavlovsk: The Life of a Russian Palace, Little Brown & Co. 1990: Paperback; HeartTree Press 1999
  • Massie, Suzanne, The Living Mirror, Doubleday & Co. Garden City New York 1972: Paperback: Anchor 1972
  • Massie, Suzanne & Robert Massie, Journey, Alfred A. Knopf, New York 1975: Paperback: Warner’s 1976; Ballantine Books 1984

References

  1. Jump up^ Mann, James – The Rebellion of Ronald Reagan:a history of the end of the cold war, Penguin Group 2009, p. 67

External links

http://en.wikipedia.org/wiki/Suzanne_Massie

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The Pronk Pops Show 434, March 25, 2015, Story 1: Army Charges Sgt. Bowe Bergdahl For Desertion and Miss Behavior — If Found Guilty Should Be Executed — Death To Deserters and Traitors — Remember The Six Soldiers Who Were Killed Searching For Bergdahl — Pfc. Matthew Martinek, Staff Sgt. Kurt Curtiss, Staff Sgt. Clayton Bowen. Bottom row from left: Pfc. Morris Walker, Staff Sgt. Michael Murphrey, 2nd Lt. Darryn Andrews — Do Not Forget President Obama Released 5 Taliban Commanders For 1 Deserter — A Federal Crime of Giving Aid and Support To Terrorists — Impeach Obama — Videos

Posted on March 25, 2015. Filed under: American History, Blogroll, Business, Communications, Crime, Desertion, Education, Employment, European History, Government, Government Spending, History, Law, Media, Middle East, Networking, Philosophy, Photos, Politics, Radio, Raymond Thomas Pronk, Spying, Terror, Terrorism, War, Weapons, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 434: March 24, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Story 1: Army Charges Sgt. Bowe Bergdahl For Desertion and Miss Behavior — If Found Guilty Should Be Executed — Death To Deserters and Traitors — Remember The Six Soldiers Who Were Killed Searching For Bergdahl — Pfc. Matthew Martinek, Staff Sgt. Kurt Curtiss, Staff Sgt. Clayton Bowen. Bottom row from left: Pfc. Morris Walker, Staff Sgt. Michael Murphrey, 2nd Lt. Darryn Andrews — Do Not Forget President Obama Released 5 Taliban Commanders For 1 Deserter — A Federal Crime of Giving Aid and Support To Terrorists — Impeach Obama — Videos

US-AFGHANISTAN-MILITARY-HOSTAGE-BERGDAHLheroes_bergdahl_AWOL

Army Sgt. Bowe Bergdahl charged with desertion

Army statement on Sgt Bowe Bergdahl court martial

Could This POW Be Charged With Desertion

Lt. Col. Ralph Peters Smoking Hot ➡ Nukes Obama Admin On Bergdahl Return To Regular Duty

The Bergdahl Decision – Lt Col Ralph Peters: The White House Is Pressuring The Army – Hannity

Six Soldiers Who Served with Bergdahl Speak Out • Kelly File • 6/5/14 •

Platoon Mates Say Bowe Bergdahl Was A Deserter • Kelly File • 6/2/14

What happened the night he disappeared

O’Reilly: Bergdahl Deal Another Example of Obama’s Damaged Leadership

Col. David Hunt: Clean up Bergdahl and then court martial him for being a deserter

Bergdahl’s Fellow Soldier: He’s “At Best A Defector, At Worst A Traitor”

Bowe Bergdahl: A Case Study In Desertion (Part 1)

Bowe Bergdahl: A Case Study In Desertion (Part 2)

Priceless cost for Bowe Bergdahl desertion 6 killed searching

High Priceless cost for Bowe Bergdahl desertion and the minimum six men reportedly killed during the search for him. Top row from left: Pfc. Matthew Martinek, Staff Sgt. Kurt Curtiss, Staff Sgt. Clayton Bowen. Bottom row from left: Pfc. Morris Walker, Staff Sgt. Michael Murphrey, 2nd Lt. Darryn Andrews

Bowe Bergdahl’s fellow soldiers consider him a deserter

The REAL Reason Obama Traded Taliban Defector Bergdahl For Five Terrorists

Bill O’Reilly: Is Susan Rice a moron?

Susan Rice: Bergdahl Served With ‘Honor and Distinction’

Ambassador Susan Rice on Release of Sgt. Bowe Bergdahl

Susan Rice: Bergdahl Served with “Honor and Distinction” 

Carney Won’t Say If Susan Rice Misspoke When She Said Bergdahl Served “With Honor And Distinction”

Susan Rice Defends Bowe Bergdahl Comments

Army nears decision on charges of desertion for Bergdahl

Officials: Detainee Swapped For Bergdahl Suspected Of Militant Activities

Bowe Bergdahl to face desertion charges: NBC

Michael Hastings Widow Speaks Out For The First Time To Piers Morgan,Piers Asks Was His Death

Traitor Bowe Bergdahl Linked to Michael Hastings Murder

Obama Could Be Facing 10 Years to Life in Prison

Bowe Bergdahl Charged With Desertion and Misbehavior Before the Enemy

Bowe Bergdahl, once missing U.S. soldier, charged with desertion

Sgt. Bowe Bergdahl, the U.S. soldier who was recovered in Afghanistan last spring after five years in captivity, is being charged with desertion and misbehavior before the enemy, his lawyer said Wednesday.

Eugene Fidell, Bergdahl’s attorney, told The Washington Post that his client was handed a charge sheet on Tuesday. Army officials announced they will provide an update in his case at 3:30 p.m. at Fort Bragg, N.C., but declined to discuss new developments ahead of the news conference.

Bergdahl, 28, went missing from his base in Paktika province on June 30, 2009, and is believed to have grown disillusioned with the U.S. military’s mission in Afghanistan. He was held captive in Pakistan by the Haqqani network, an insurgent group allied with the Taliban, until the White House swapped him for five Taliban officials in a deal brokered through the government of Qatar.

The charges come after a lengthy investigation launched last June after his recovery and a review by Gen. Mark A. Milley, the commanding general of U.S. Army Forces Command at Fort Bragg. Bergdahl has faced a slew of accusations from his fellow soldiers that he abandoned them on the battlefield and triggered a manhunt that diverted resources from the war effort and put lives in danger.

Bergdahl will faces charges under articles 85 and 99 of the military’s Uniform Code of Military Justice, Fidell said.

Article 85, desertion, applies to a service member who “quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.” The maximum sentence for those convicted is death, although no soldier has faced that punishment since 1944, when Pvt. Eddie Slovik was executed by a firing squad after running away from combat duty in France.

Article 99, misbehavior before the enemy, applies to a service member who has run away in the face of the enemy, abandoned his unit, cast aside his weapon or ammunition or willfully failed “to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy.”

Thousands of U.S. service members are believed to have deserted their units during the wars in Iraq and Afghanistan, but Bergdahl’s case is uncommon because he allegedly did so while on the battlefield. Most have escaped while in the United States, escaping prosecution in Canada, parts of Europe or other relatively friendly locations.

Bergdahl’s case has been controversial, with questions over whether the Obama administration handled the prisoner swap legally. Susan Rice, President Obama’s national security, also provoked criticism when she said after Bergdahl’s recovery that he had served “with honor and distinction.” She later acknowledged the remark was controversial, and said she was referring to the soldier’s decision to enlist in the first place.

“That, in and of itself, is a very honorable thing,” she said.

http://www.washingtonpost.com/news/checkpoint/wp/2015/03/25/bowe-bergdahl-once-missing-u-s-soldier-charged-with-desertion/?hpid=z1

How did 6 die after Bowe Bergdahl’s disappearance?

By Jake Tapper, CNN

Much attention has been given to the claim made by the former platoonmates of Sgt. Bowe Bergdahl that he is partly to blame for the deaths of six soldiers who were killed in the months after Bergdahl disappeared.

Some soldiers have gone so far as to say the six died while searching for Bergdahl. Others say he is indirectly to blame — after Bergdahl vanished, essentially every operation became a mission to find their lost colleague in one way or another, they say.

“I can’t really say I blame Bergdahl to the fullest extent,” former Staff Sgt. Justin Gerleve, Bergdahl’s squad leader, told CNN last week, “but if he wouldn’t have deserted us, these soldiers very well could have been in a different place at a different time, rather than the place at the time of their death.”

Soldiers killed after Bergdahl left unitSoldiers killed after Bergdahl left unit

Interviews with soldiers familiar with the specific missions in which the six died suggest the charge is complicated — but not without merit given how much the 501st Parachute Infantry Regiment became focused on “PR” — personnel recovery — after Bergdahl vanished from his guard post on June 30, 2009.

Bergdahl’s five years in captivity

Bergdahl’s friend: I want to know why

Who is Bowe Bergdahl?

“The fact of the matter is, when those soldiers were killed, they would not have been where they were at if Bergdahl had not have left,” said former Sgt. Evan Buetow, Bergdahl’s former team leader. “Bergdahl leaving changed the mission.”

Those charges were repeated by a noncommissioned officer who requested anonymity because he is still in the Army, one who described himself as a two-time voter for President Obama, lest anyone think his comments were political in any way.

“If Bergdahl hadn’t left it’s entirely plausible that they wouldn’t have had those follow-on missions or been where they were,” said the NCO, who served in the 501st.

Some also argue that the personnel recovery mission angered the local population, and created patterns in troops’ movement that made insurgent attacks easier.

None of that has been enough to quell critics who accuse the soldiers of smearing Bergdahl and exaggerating the role his disappearance played in the deaths of the six men.

A New York Times story cited by critics of the soldiers from the 501st now calling Bergdahl a deserter doesn’t go into much detail about the six men from Bergdahl’s battalion, instead focusing on a separate attack that killed two mortarmen.

Defense Secretary Chuck Hagel said he didn’t “know of circumstances or details of U.S. soldiers dying as a result of efforts to find and rescue Sgt. Bergdahl.”

A U.S. official told CNN last week that Pentagon and Army officials have looked at the claims, and “right now there is no evidence to back that up.”

The six men killed were in the 501st Infantry. All of them were killed in Paktika Province between August 18 and September 6, 2009, after the intense initial search for Bergdahl concluded but within the two- to three-month period when, by accounts from more than 20 members of the 501st, essentially every mission in the province had a PR component to it. One of those killed was from Comanche Company, two of those killed were in Bergdahl’s Blackfoot Company, three were from Headquarters Company.

Here are the circumstances and details, gleaned from interviews with more than a dozen troops in the 501st, all of whom said they were motivated entirely by getting the truth out, regardless of the politics.

1) August 18, 2009 — Staff Sgt. Clayton Bowen and Pfc. Morris Walker were killed by an IED

Bowen and Morris were part of Headquarters Company, but attached to Comanche Company, which “was conducting a recon of polling sites in order to prepare for the election on August 20,” recalls a former officer from the 501st, one of whom describes his politics as left of center but who asked not to be named because of the rhetoric and accusations being leveled against troops who served with Bergdahl.

In the aftermath of the initial search for Bergdahl, called DUSTWUN (for DUTY STATUS: WHEREABOUTS UNKNOWN), the officer recalls, “there were numerous polling sites that had to be closed because security was so poor. Their platoon slept overnight at a remote site, and when they started rolling again the next morning, an IED detonated.

A 501st soldier with Comanche Company recalled the device “had been located right under their right back tire.”

The mission was not specifically focused on personnel recovery but the officer said he believes Bergdahl’s disappearance played something of a role in the attack since this “was the absolute worst part of western Paktika province, and it was the subject of numerous air assaults in July” that were directly focused on Bergdahl. “I believe those contributed to the worsening security situation.”

Bowen, 29, was from San Antonio, Texas. Walker, 23, was from Fayetteville, North Carolina.

2) August 26, 2009 — Staff Sgt. Kurt Curtiss is killed by small arms fire

This incident occurred after the battalion received information that the Taliban shadow sub-governor of Sar Hawza district in Paktika province — a man who went by the name “Muslim” — had effectively taken a local clinic hostage as he received medical treatment for wounds he received during the election, according to the former officer from the 501st.

To the leadership of the 501st, the name “Muslim” prompted an immediate response as he was supposedly connected to Bergdahl’s captors, the former officer said.

An intelligence source told CNN the incident involved a commander with the terrorist Haqqani network, working directly for Mullah Sangin Zadran, the Paktika shadow governor, widely believed to have Bergdahl in his custody. “He was important as part of the mission to get to Bergdahl,” the source said.

The former 501st officer echoed that detail: “The relation to Bergdahl made him a priority target.”

The 4th Platoon from Delaware Company was sent to seize the Taliban official. Some from the insurgent group surrendered, but “Muslim” was nowhere to be found.

“Curtiss took his squad to search an empty building adjacent to the clinic that the Afghan National Police had supposedly cleared,” the officer recalled. “It was empty, but a storage room door was wedged shut. He and his squad kicked in the door, and Curtiss was the first guy in.”

Troops there that day say “Muslim” had been in the room hiding with three bodyguards, who shot Curtiss.

Additionally, 501st sources say, the insurgents threw Curtiss’ grenades at the squad, after which a two-hour firefight ensued — one that ended with Apache helicopters strafing the building. The building caught fire and killed all the insurgents except for one bodyguard, who was severely wounded. Curtiss’ body was recovered before the fire.

Curtiss, 27, was from Salt Lake City, and had already done two deployments in Iraq. He left behind a wife, son and daughter.

3) September 4, 2009 — 2nd Lt. Darryn Andrews and Pfc.Matthew Michael Martinek are attacked by an IED and a rocket-propelled grenade

Andrews and Martinek were in Bergdahl’s company, Blackfoot, and were in the village of Palau, just outside of Yaya Kayhl, one of the last places where Bergdahl was believed to have gone. After Bergdahl disappeared, local Afghans and intercepted insurgent chatter placed him in that area, according to multiple sources with the 501st.

Andrews and Martinek were there to conduct atmospherics — basically check anything and everything around Palau.

According to several sources in Blackfoot Company, among the many questions those soldiers wanted answered was: where is Bergdahl? Where are the guys who have him? Was Palau connected with the insurgents — who by then it was believed — had transported Bergdahl to Pakistan?

But the platoon hit an IED. In the aftermath, a cluster of soldiers tried to hook the vehicle up to chains for the wrecker and were stuck out there for hours on end. In the midst of the effort, an RPG hit them and an insurgent ambush began, according to multiple soldiers with Blackfoot company.

Andrews yelled that the RPG was coming and knocked a bunch of guys out of the way. “Jason watch out,” were said to have been his last words, soldiers told Andrews’ father. He was killed instantly.

The ambush brought relentless amounts of RPG and heavy artillery fire on the platoon. Martinek was trying to call for air support when he took a severely debilitating artillery round. He lived long enough to get to Landstuhl in Germany where he was taken off life support and died on September 11.

Other members of the platoon faced severe wounds, from a jaw blown off, to deafness, to severe psychological issues from that day, according to sources in Blackfoot company and the 501st. It wasn’t a formal DUSTWUN mission, but it wasn’t unrelated, the former 501st officer said.

Moreover, says Buetow, Blackfoot Company’s mission tasking was about to change.

“We were told we were moving south to start focusing on another area of the province,” Buetow says. “Our four-day mission to Observation Post Mest was going to be our last trip out there before moving south. Bowe Bergdahl left, so we then stayed in that area for several more months. We stayed in the area because Bergdahl was last known to be in that area. If he had never deserted, Andrews and Martinek would not have been on patrol in that area.”

Andrews, 34, was from Dallas. He and his wife had a 2-year-old son and were expecting their second child when he was killed. Martinek, 20, was from Dekalb, Illinois.

Andrews’ heroism eats at former Spc. Jose Baggett, a member of Blackfoot Company. “He pushed a sergeant out of the way” of the RPG, “and now I’m stuck watching” Bergdahl get attention from politicians, the military and the media “and they’re dead and he’s alive.”

4) September 5, 2009 — Staff Sgt. Michael Murphrey is hit by an IED

Da Dila Panegir village was part of an area that had been subject to searches during the DUSTWUN, and Comanche Company was charged with trying to win the locals back. That day they conducted a foot patrol to hand out supplies and meet with the leaders. In the course of the mission, Murphrey stepped on a pressurized plate that unleashed an IED and was severely wounded; he died at Forward Operating Base Sharana’s hospital the next day.

That mission “wasn’t an exact search, it was a ‘Keep your eyes out for Bowe Bergdahl while you’re there,'” said former Spc. Joseph Cox of Comanche Company, who calls Murphrey his best friend and squad leader.

And yet, the intensity of the DUSTWUN search had also enraged Afghans, soldiers said.

“Our platoon alone conducted more than 20 inserted missions operations within three days. There were massive insertions to find him,” Cox said.

“This mission was probably the least related to Bergdahl” of the four missions, the former officer said, “but it was definitely in an area previously targeted — an area where they already hated us before, but hated us more because of the search.”

Murphrey, 25, left behind a wife, son, and daughter.

Pentagon spokesman Rear Adm. John Kirby had no specific comment about the four operations.

“Each death in war is tragic in its own right,” Kirby said. “We will always keep in our thoughts and prayers those we have lost, as well as their families. The Army will review the circumstances surrounding Sgt. Bergdahl’s disappearance and captivity. Our focus right now is on making sure Sgt. Bergdahl gets the care he needs to recover and reunite with his family.”

http://www.cnn.com/2014/06/08/us/bergdahl-search-soldiers/

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 431-434

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The Pronk Pops Show 433, March 24, 2015, Story 1: No Body Does It Better– Israel Spies On Iran and USA Nuclear Talks — Provides Details of Terrible Deal To Congress — Show The American People The Deal or Kill The Deal! — Stop Iran From Getting The Bomb — The Neutron Bomb — An Humane Weapon — and The Neutronium Bomb — The Doomday Device — Let The Sunshine In — Video

Posted on March 24, 2015. Filed under: American History, Applications, Blogroll, Communications, Computers, Corruption, Education, Energy, European History, Federal Government, Genocide, Government, Hardware, History, Islam, Law, Media, Middle East, MIssiles, National Security Agency, Networking, Neutron Bomb, News, Nuclear, Nuclear, Philosophy, Photos, Politics, Radio, Religion, Resources, Scandals, Science, Security, Software, Space, Success, Taxation, Taxes, Technology, Terror, Terrorism, Violence, War, Wealth, Weapons, Weapons of Mass Destruction, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Story 1: No Body Does It Better– Israel Spies On Iran and USA Nuclear Talks — Provides Details of Terrible Deal To Congress — Show The American People The Deal or Kill The Deal! — Stop Iran From Getting The Bomb — The Neutron Bomb — An Humane Weapon —  and The Neutronium Bomb — The Doomday Device — Let The Sunshine In — Video

Carly Simon – Nobody Does It Better – The Spy Who Loved Me

Nobody Does It Better – Carly Simon ( Theme from the Bond movie The Spy Who Loved Me)

Israel Denies US Claims: ‘We Don’t Spy on Allies’

Israel Denies Spying On US-Iran Nuclear Talks: Breaking News

WSJ: Israel spied on Iran nuclear talks involving US

Israel denies spying on US-Iran nuclear talks: Breaking News

In Speech To Congress, Netanyahu Blasts ‘A Very Bad Deal’ With Iran FULL SPEECH

Israel’s Benjamin Netanyahi Calls on UN: ‘Iran Is Developing Nuclear Weapons’

Thomas Reed: A Political History of Nuclear Weapons: 1938 – 2008

Thomas C. Reed, former Secretary of the Air Force and nuclear weapons designer at the Lawrence Livermore National Laboratories talks about the book “The Nuclear Express”, which he co-authored with Danny B. Stillman. At a luncheon seminar at the James Martin Center for Nonproliferation Studies, he talks about the political history of nuclear weapons: where they came from, the surprising ways in which the technology spread, who is likely to acquire them next and why.

Nova: The Spy Factory Full Video

Iranium – The Islamic Republic’s Race to Obtain Nuclear Weapons

Nuclear, Hydrogen, Thermonuclear, Atomic, Neutron bombs

Art Bell interviews Dr. Michio Kaku on Dec 15, 2003 [Part 10]

Neutron bomb

Army of Lovers – Baby’s Got A Neutron Bomb (1989) – HQ

The Doomsday Explosive! (The Neutronium Bomb)

Neutron Bomb creator speaks

Sam Cohen on “using the neutron bomb in the persian gulf war”

Neutron Bomb creator speaks

Samuel Cohen: Father of the Neutron Bomb

The Moment in Time: The Manhattan Project

Army Of Lovers – Let the sunshine in – Official Video

The Fifth Dimension – Aquarius – Let The Sunshine In 

THE 5TH DIMENSION – AQUARIUS – LET THE SUNSHINE IN

Hair – Let the Sunshine In

Aquarius/let The Sunshine In Lyrics

“Aquarius/let The Sunshine In” was written by Mac Dermot, Galt/rado, James/ragni, Gerome /.

Read more: 5th Dimension – Aquarius/let The Sunshine In Lyrics | MetroLyrics

When the moon is in the seventh house
And Jupiter aligns with Mars
And peace will guide the planets
And love will steer the stars
This is the dawning of the age of Aquarius
Age of Aquarius

Aquarius, Aquarius

Harmony and understanding, sympathy and trust abounding
No more false hoods or derisions, golden living dreams of visions
Mystic crystal revelations, and the mind’s true liberations

Aquarius, Aquarius

When the moon is in the seventh house
And Jupiter aligns with Mars
And peace will guide the planets
And love will steer the stars
This is the dawning of the age of Aquarius
Age of Aquarius

Aquarius, Aquarius
Aquarius, Aquarius

Let the sunshine, let the sunshine in
The sunshine in
Let the sunshine, let the sunshine in
The sunshine in
Let the sunshine, let the sunshine in
The sunshine in
Let the sunshine, let the sunshine in
The sunshine in

Let the sunshine, let the sunshine in
The sunshine in
Let the sunshine, let the sunshine in
The sunshine in
Let the sunshine, let the sunshine in
The sunshine in
Let the sunshine, let the sunshine in
The sunshine in

Let the sunshine, let the sunshine in
The sunshine in
Let the sunshine, let the sunshine in
The sunshine in
Let the sunshine, let the sunshine in
The sunshine in
Let the sunshine

Read more: 5th Dimension – Aquarius/let The Sunshine In Lyrics | MetroLyrics

Israel Spied on Iran Nuclear Talks With U.S.

Ally’s snooping upset White House because information was used to lobby Congress to try to sink a deal

Soon after the U.S. and other major powers entered negotiations last year to curtail Iran’s nuclear program, senior White House officials learned Israel was spying on the closed-door talks.

The spying operation was part of a broader campaign by Israeli Prime Minister Benjamin Netanyahu’s government to penetrate the negotiations and then help build a case against the emerging terms of the deal, current and former U.S. officials said. In addition to eavesdropping, Israel acquired information from confidential U.S. briefings, informants and diplomatic contacts in Europe, the officials said.

Soon after the U.S. entered negotiations last year to curtail Iran’s nuclear program, senior White House officials learned Israel was spying on the closed-door talks. Photo: Getty

The espionage didn’t upset the White House as much as Israel’s sharing of inside information with U.S. lawmakers and others to drain support from a high-stakes deal intended to limit Iran’s nuclear program, current and former officials said.

“It is one thing for the U.S. and Israel to spy on each other. It is another thing for Israel to steal U.S. secrets and play them back to U.S. legislators to undermine U.S. diplomacy,” said a senior U.S. official briefed on the matter.

The U.S. and Israel, longtime allies who routinely swap information on security threats, sometimes operate behind the scenes like spy-versus-spy rivals. The White House has largely tolerated Israeli snooping on U.S. policy makers—a posture Israel takes when the tables are turned.

The White House discovered the operation, in fact, when U.S. intelligence agencies spying on Israel intercepted communications among Israeli officials that carried details the U.S. believed could have come only from access to the confidential talks, officials briefed on the matter said.

Israeli officials denied spying directly on U.S. negotiators and said they received their information through other means, including close surveillance of Iranian leaders receiving the latest U.S. and European offers. European officials, particularly the French, also have been more transparent with Israel about the closed-door discussions than the Americans, Israeli and U.S. officials said.

Israel Prime Minister Benjamin Netanyahu, left, and President Barack Obama shown during a meeting at the White House in October. The leaders disagree over the negotiations with Iran. Photo: GettyENLARGE
Israel Prime Minister Benjamin Netanyahu, left, and President Barack Obama shown during a meeting at the White House in October. The leaders disagree over the negotiations with Iran. Photo: Getty PHOTO: REUTERS

Mr. Netanyahu and Israeli Ambassador Ron Dermer early this year saw a rapidly closing window to increase pressure on Mr. Obama before a key deadline at the end of March, Israeli officials said.

Using levers of political influence unique to Israel, Messrs. Netanyahu and Dermer calculated that a lobbying campaign in Congress before an announcement was made would improve the chances of killing or reshaping any deal. They knew the intervention would damage relations with the White House, Israeli officials said, but decided that was an acceptable cost.

The campaign may not have worked as well as hoped, Israeli officials now say, because it ended up alienating many congressional Democrats whose support Israel was counting on to block a deal.

Obama administration officials, departing from their usual description of the unbreakable bond between the U.S. and Israel, have voiced sharp criticism of Messrs. Netanyahu and Dermer to describe how the relationship has changed.

“People feel personally sold out,” a senior administration official said. “That’s where the Israelis really better be careful because a lot of these people will not only be around for this administration but possibly the next one as well.”

This account of the Israeli campaign is based on interviews with more than a dozen current and former U.S. and Israeli diplomats, intelligence officials, policy makers and lawmakers.

Distrust between Mr. Netanyahu and Mr. Obama had been growing for years but worsened when Mr. Obama launched secret talks with Iran in 2012. The president didn’t tell Mr. Netanyahu because of concerns about leaks, helping set the stage for the current standoff, according to current and former U.S. and Israeli officials.

U.S. officials said Israel has long topped the list of countries that aggressively spy on the U.S., along with China, Russia and France. The U.S. expends more counterintelligence resources fending off Israeli spy operations than any other close ally, U.S. officials said.

A senior official in the prime minister’s office said Monday: “These allegations are utterly false. The state of Israel does not conduct espionage against the United States or Israel’s other allies. The false allegations are clearly intended to undermine the strong ties between the United States and Israel and the security and intelligence relationship we share.”

Current and former Israeli officials said their intelligence agencies scaled back their targeting of U.S. officials after the jailing nearly 30 years ago of American Jonathan Pollard for passing secrets to Israel.

While U.S. officials may not be direct targets, current and former officials said, Israeli intelligence agencies sweep up communications between U.S. officials and parties targeted by the Israelis, including Iran.

Americans shouldn’t be surprised, said a person familiar with the Israeli practice, since U.S. intelligence agencies helped the Israelis build a system to listen in on high-level Iranian communications.

As secret talks with Iran progressed into 2013, U.S. intelligence agencies monitored Israel’s communications to see if the country knew of the negotiations. Mr. Obama didn’t tell Mr. Netanyahu until September 2013.

Israeli officials, who said they had already learned about the talks through their own channels, told their U.S. counterparts they were upset about being excluded. “ ‘Did the administration really believe we wouldn’t find out?’ ” Israeli officials said, according to a former U.S. official.

Israeli Ambassador Ron Dermer met with U.S. lawmakers and shared details on the Iran negotiations to warn about the terms of the deal.
Israeli Ambassador Ron Dermer met with U.S. lawmakers and shared details on the Iran negotiations to warn about the terms of the deal. PHOTO: CNP/ZUMA PRESS

The episode cemented Mr. Netanyahu’s concern that Mr. Obama was bent on clinching a deal with Iran whether or not it served Israel’s best interests, Israeli officials said. Obama administration officials said the president was committed to preventing Iran from developing nuclear weapons.

Mr. Dermer started lobbying U.S. lawmakers just before the U.S. and other powers signed an interim agreement with Iran in November 2013. Mr. Netanyahu and Mr. Dermer went to Congress after seeing they had little influence on the White House.

Before the interim deal was made public, Mr. Dermer gave lawmakers Israel’s analysis: The U.S. offer would dramatically undermine economic sanctions on Iran, according to congressional officials who took part.

After learning about the briefings, the White House dispatched senior officials to counter Mr. Dermer. The officials told lawmakers that Israel’s analysis exaggerated the sanctions relief by as much as 10 times, meeting participants said.

When the next round of negotiations with Iran started in Switzerland last year, U.S. counterintelligence agents told members of the U.S. negotiating team that Israel would likely try to penetrate their communications, a senior Obama administration official said.

The U.S. routinely shares information with its European counterparts and others to coordinate negotiating positions. While U.S. intelligence officials believe secured U.S. communications are relatively safe from the Israelis, they say European communications are vulnerable.

Mr. Netanyahu and his top advisers received confidential updates on the Geneva talks from Undersecretary of State for Political AffairsWendy Sherman and other U.S. officials, who knew at the time that Israeli intelligence was working to fill in any gaps.

The White House eventually curtailed the briefings, U.S. officials said, withholding sensitive information for fear of leaks.

Current and former Israeli officials said their intelligence agencies can get much of the information they seek by targeting Iranians and others in the region who are communicating with countries in the talks.

In November, the Israelis learned the contents of a proposed deal offered by the U.S. but ultimately rejected by Iran, U.S. and Israeli officials said. Israeli officials told their U.S. counterparts the terms offered insufficient protections.

U.S. officials urged the Israelis to give the negotiations a chance. But Mr. Netanyahu’s top advisers concluded the emerging deal was unacceptable. The White House was making too many concessions, Israeli officials said, while the Iranians were holding firm.

Obama administration officials reject that view, saying Israel was making impossible demands that Iran would never accept. “The president has made clear time and again that no deal is better than a bad deal,” a senior administration official said.

In January, Mr. Netanyahu told the White House his government intended to oppose the Iran deal but didn’t explain how, U.S. and Israeli officials said.

On Jan. 21, House Speaker John Boehner (R., Ohio) announced Mr. Netanyahu would address a joint meeting of Congress. That same day, Mr. Dermer and other Israeli officials visited Capitol Hill to brief lawmakers and aides, seeking a bipartisan coalition large enough to block or amend any deal.

Most Republicans were already prepared to challenge the White House on the negotiations, so Mr. Dermer focused on Democrats. “This deal is bad,” he said in one briefing, according to participants.

A spokesman for the Israeli embassy in Washington, Aaron Sagui,said Mr. Dermer didn’t launch a special campaign on Jan 21. Mr. Dermer, the spokesperson said, has “consistently briefed both Republican and Democrats, senators and congressmen, on Israel’s concerns regarding the Iran negotiations for over a year.”

Mr. Dermer and other Israeli officials over the following weeks gave lawmakers and their aides information the White House was trying to keep secret, including how the emerging deal could allow Iran to operate around 6,500 centrifuges, devices used to process nuclear material, said congressional officials who attended the briefings.

The Israeli officials told lawmakers that Iran would also be permitted to deploy advanced IR-4 centrifuges that could process fuel on a larger scale, meeting participants and administration officials said. Israeli officials said such fuel, which under the emerging deal would be intended for energy plants, could be used to one day build nuclear bombs.

The information in the briefings, Israeli officials said, was widely known among the countries participating in the negotiations.

When asked in February during one briefing where Israel got its inside information, the Israeli officials said their sources included the French and British governments, as well as their own intelligence, according to people there.

“Ambassador Dermer never shared confidential intelligence information with members of Congress,” Mr. Sagui said. “His briefings did not include specific details from the negotiations, including the length of the agreement or the number of centrifuges Iran would be able to keep.”

Current and former U.S. officials confirmed that the number and type of centrifuges cited in the briefings were part of the discussions. But they said the briefings were misleading because Israeli officials didn’t disclose concessions asked of Iran. Those included giving up stockpiles of nuclear material, as well as modifying the advanced centrifuges to slow output, these officials said.

The administration didn’t brief lawmakers on the centrifuge numbers and other details at the time because the information was classified and the details were still in flux, current and former U.S. officials said.

Unexpected reaction

The congressional briefings and Mr. Netanyahu’s decision to address a joint meeting of Congress on the emerging deal sparked a backlash among many Democratic lawmakers, congressional aides said.

On Feb. 3, Mr. Dermer huddled with Sen. Joe Manchin, a West Virginia Democrat, who said he told Mr. Dermer it was a breach of protocol for Mr. Netanyahu to accept an invitation from Mr. Boehner without going through the White House.

Mr. Manchin said he told Mr. Dermer he would attend the prime minister’s speech to Congress, but he was noncommittal about supporting any move by Congress to block a deal.

Mr. Dermer spent the following day doing damage control with Sen.Kirsten Gillibrand, a New York Democrat, congressional aides said.

Two days later, Mr. Dermer met with Sen. Dianne Feinstein of California, the top Democrat on the SenateIntelligence Committee, at her Washington, D.C., home. He pressed for her support because he knew that she, too, was angry about Mr. Netanyahu’s planned appearance.

Ms. Feinstein said afterward she would oppose legislation allowing Congress to vote down an agreement.

Congressional aides and Israeli officials now say Israel’s coalition in Congress is short the votes needed to pass legislation that could overcome a presidential veto, although that could change. In response, Israeli officials said, Mr. Netanyahu was pursuing other ways to pressure the White House.

This week, Mr. Netanyahu sent a delegation to France, which has been more closely aligned with Israel on the nuclear talks and which could throw obstacles in Mr. Obama’s way before a deal is signed. The Obama administration, meanwhile, is stepping up its outreach to Paris to blunt the Israeli push.

“If you’re wondering whether something serious has shifted here, the answer is yes,” a senior U.S. official said. “These things leave scars.”

http://www.wsj.com/articles/israel-spied-on-iran-talks-1427164201

 

Neutron bomb

From Wikipedia, the free encyclopedia
Energy distribution of weapon
Standard Enhanced
Blast 50% 40%[1] or as low as 30%[2]
Thermal energy 35% 25%[1] or as low as 20%[2]
Instant radiation 5% 30[1]–45%
Residual radiation 10% 5%[1]

A neutron bomb, officially known as one type of Enhanced Radiation Weapon, is a low yield fission-fusion thermonuclear weapon (hydrogen bomb) in which the burst of neutrons generated by a fusionreaction is intentionally allowed to escape the weapon, rather than being absorbed by its other components.[3] The weapon’s radiation case, usually made from relatively thick uranium, lead or steel in a standard bomb, is, instead, made of as thin a material as possible, to facilitate the greatest escape of fusion produced neutrons. The “usual” nuclear weapon yield—expressed as kilotons of TNT equivalent—is not a measure of a neutron weapon’s destructive power. It refers only to the energy released (mostly heat and blast), and does not express the lethal effect of neutron radiation on living organisms.

Compared to a pure fission bomb with an identical explosive yield, a neutron bomb would emit about ten times[4] the amount of neutron radiation. In a fission bomb, at sea level, the total radiation pulse energy which is composed of both gamma rays and neutrons is approximately 5% of the entire energy released; in the neutron bomb it would be closer to 40%. Furthermore, the neutrons emitted by a neutron bomb have a much higher average energy level (close to 14 MeV) than those released during a fission reaction (1–2 MeV).[5] Technically speaking, all low yield nuclear weapons are radiation weapons, that is including the non-enhanced variant. Up to about 10 kilotons in yield, all nuclear weapons have prompt neutron radiation[6] as their most far reaching lethal component, after which point the lethal blast and thermal effects radius begins to out-range the lethal ionizing radiation radius.[7][8][9] Enhanced radiation weapons also fall into this same yield range and simply enhance the intensity and range of the neutron dose for a given yield.

History & deployment to present

Conception of the neutron bomb is generally credited to Samuel T. Cohen of the Lawrence Livermore National Laboratory, who developed the concept in 1958.[10]Testing was authorized and carried out in 1963 at an underground Nevada test facility.[11] Development was subsequently postponed by President Jimmy Carter in 1978 following protests against his administration’s plans to deploy neutron warheads to ground forces in Europe.[12] On November 17, 1978, in a test the USSRdetonated its first similar-type bomb.[13] President Ronald Reagan restarted production in 1981.[12] The Soviet Union began a propaganda campaign against the US’s neutron bomb in 1981 following Reagan’s announcement. In 1983 Reagan then announced the Strategic Defense Initiative, which surpassed neutron bomb production in ambition and vision and with that the neutron bomb quickly faded from the center of the public’s attention.[13]

Three types of enhanced radiation weapons (ERW) were built by the United States.[14] The W66 warhead, for the anti-ICBM Sprint missile system, was deployed in 1975 and retired the next year, along with the missile system. The W70 Mod 3 warhead was developed for the short-range, tactical Lance missile, and the W79 Mod 0 was developed for artillery shells. The latter two types were retired by President George H. W. Bush in 1992, following the end of the Cold War.[15][16] The last W70 Mod 3 warhead was dismantled in 1996,[17] and the last W79 Mod 0 was dismantled by 2003, when the dismantling of all W79 variants was completed.[18]

In addition to the two superpowers, France and China are known to have tested neutron or enhanced radiation bombs. France conducted an early test of the technology in 1967[19] and tested an “actual” neutron bomb in 1980.[20] China conducted a successful test of neutron bomb principles in 1984 and a successful test of a neutron bomb in 1988. However, neither country chose to deploy the neutron bomb. Chinese nuclear scientists stated prior to the 1988 test that China had no need for the neutron bomb, but it was developed to serve as a “technology reserve,” in case the need arose in the future.[21]

Although no country is currently known to deploy them in an offensive manner, all thermonuclear dial-a-yield warheads that have about 10 kiloton and lower as one dial option, with a considerable fraction of that yield derived from fusion reactions, can be considered capable of being neutron bombs in actuality if not in name. The only country definitively known to deploy dedicated (that is, not Dial-a-yield) neutron warheads for any length of time is Russia, which inherited the USSRsneutron warhead equipped ABM-3 Gazelle missile program, this Anti-ballistic missile (ABM) system contains at least 68 neutron warheads of yield 10 kiloton and it has been in service since 1995, with inert missile testing approximately every other year since then (2014). The system is designed to destroy incoming “endo-atmospheric” level nuclear warheads aimed at Moscow etc. and is the lower-tier/ last umbrella of the A-135 anti-ballistic missile system (NATO reporting name: ABM-3).[22]

By 1984, according to Mordechai Vanunu, Israel was mass-producing neutron bombs.[23] A number of analysts believe that the Vela incident was an Israeli neutron bomb experiment.[24]

Considerable controversy arose in the U.S. and Western Europe following a June 1977 Washington Post exposé describing U.S. government plans to purchase the bomb. The article focused on the fact that it was the first weapon specifically intended to kill humans with radiation.[25][26] Lawrence Livermore National Laboratorydirector Harold Brown and Soviet General Secretary Leonid Brezhnev both described the neutron bomb as a “capitalist bomb”, because it was designed to destroy people while preserving property.[27][28] Science fiction author Isaac Asimov also stated that “Such a neutron bomb or N bomb seems desirable to those who worry about property and hold life cheap.”[29]

Use of neutron bomb

Neutron bombs are purposely designed with explosive yields lower than other nuclear weapons. Since neutrons are absorbed by air,[6] neutron radiation effects drop off very rapidly with distance in air, there is a sharper distinction, as opposed to thermal effects, between areas of high lethality and areas with minimal radiation doses.[3] All high yield (more than ~10 kiloton) “neutron bombs”, such as the extreme example of a device that derived 97% of its energy from fusion, the 50 megaton Tsar Bomba, are not able to radiate sufficient neutrons beyond their lethal blast range when detonated as a surface burst or low altitude air burst and so are no longer classified as neutron bombs, thus limiting the yield of neutron bombs to a maximum of about 10 kilotons. The intense pulse of high-energy neutrons generated by a neutron bomb are the principal killing mechanism, not the fallout, heat or blast.

The inventor of the neutron bomb, Samuel Cohen, criticized the description of the W70 as a “neutron bomb” since it could be configured to yield 100 kilotons:

the W-70 … is not even remotely a “neutron bomb.” Instead of being the type of weapon that, in the popular mind, “kills people and spares buildings” it is one that both kills and physically destroys on a massive scale. The W-70 is not a discriminate weapon, like the neutron bomb—which, incidentally, should be considered a weapon that “kills enemy personnel while sparing the physical fabric of the attacked populace, and even the populace too.”[30]

The Soviet/Warsaw pact invasion plan, “Seven Days to the River Rhine” to seize West Germany. Under such a scenario, neutron bombs, according to their inventor, would hopefully blunt the Warsaw pact tank, and more thinly armored BMP-1 thrusts, without causing as much damage to the people and infrastructure of Germany as alternative higher fission fraction & higher explosive yield tactical nuclear weapons would.[31] They would likely be used if the mass conventional weapon NATO REFORGER response to the invasion had yet to find time to be organized or found ineffective in battle.

Although neutron bombs are commonly believed to “leave the infrastructure intact”, with current designs that have explosive yields in the low kiloton range,[32] the detonation of which, in a built up area, would still cause considerable, although not total, destruction through blast and heat effects out to a considerable radius.[33]

Neutron bombs could be used as strategic anti-ballistic missile weapons,[33] or as tactical weapons intended for use against armored forces. The neutron bomb was originally conceived by the U.S. military as a weapon that could stop massed Sovietarmored divisions from overrunning allied nations without destroying the infrastructure of the allied nation.[34][35] As theWarsaw Pact tank strength was over twice that of NATO, and Soviet Deep Battle doctrine was likely to be to use this numerical advantage to rapidly sweep across continental Europe if the Cold War ever turned hot, any weapon that could break up their intended mass tank formation deployments and force them to deploy their tanks in a thinner, more easily dividable manner,[36] would aid ground forces in the task of hunting down solitary tanks and firing anti-tank missiles upon them,[37] such as the contemporary M47 Dragon and BGM-71 TOW missiles.

Effects of a neutron bomb in the open & in a city

Wood frame house in 1953 nuclear test, 5 psi overpressure, complete collapse

Upon detonation, a 1 kiloton neutron bomb near the ground, in an airburst would produce a large blast wave, and a powerful pulse of both thermal radiation and ionizing radiation, mostly in the form of fast (14.1 MeV) neutrons. The thermal pulse would cause third degree burns to unprotected skin out to approximately 500 meters. The blast would create at least 4.6 PSIout to a radius of 600 meters, which would severely damage all non-reinforced concrete structures, at the conventional effective combat range against modern main battle tanks and armored personnel carriers (<690–900 m) the blast from a 1 kt neutron bomb will destroy or damage to the point of non-usability almost all un-reinforced civilian building. Thus the use of neutron bombs to stop an enemy armored attack by rapidly incapacitating the crew with a dose of 8000+ Rads of radiation,[38] which would require exploding large numbers of them to blanket the enemy forces, would also destroy all normal civilian buildings in the same immediate area ~600 meters,[38][39] and via neutron activation it would make many building materials in the city radioactive, such as Zinc coated steel/galvanized steel(see Area denial use below). Although at this ~600 meter distance the 4-5 PSI blast overpressure would cause very few direct casualties as the human body is resistant to sheer overpressure, the powerful winds produced by this overpressure are capable of throwing human bodies into objects or throwing objects-including window glass at high velocity, both with potentially lethal results, rendering casualties highly dependent on surroundings, including on if the building they are in collapses.[40] The pulse of neutron radiation would cause immediate and permanent incapacitation to unprotected outdoor humans in the open out to 900 meters,[4] with death occurring in one or two days. The lethal dose(LD50) of 600 Rads would extend to about 1350–1400 meters for those unprotected and outdoors,[38] where approximately half of those exposed would die of radiation sickness after several weeks.

However a human residing within, or is simply shielded by at least 1 of the aforementioned concrete buildings with walls and ceilings 30 centimeters/12 inches thick, or alternatively of damp soil 24 inches thick, the neutron radiation exposure would be reduced by a factor of 10.[41][42]

Furthermore the neutron absorption spectra of air is disputed by some authorities and depends in part on absorption byhydrogen from water vapor. It therefore might vary exponentially with humidity, making neutron bombs immensely more deadly in desert climates than in humid ones.[38]

Questionable effectiveness in modern anti-tank role

The Neutron cross section/ absorption probability in barns of the two natural Boron isotopes found in nature (top curve is for 10B and bottom curve for 11B. As neutron energy increases to 14 MeV, the absorption effectiveness, in general, decreases. Therefore for boron containing armor to be effective, fast neutrons must first be slowed by another element by neutron scattering.

The questionable effectiveness of ER weapons against modern tanks is cited as one of the main reasons that these weapons are no longer fielded or stockpiled. With the increase in average tank armor thickness since the first ER weapons were fielded, tank armor protection approaches the level where tank crews are now almost completely protected from radiation effects. Therefore for an ER weapon to incapacitate a modern tank crew through irradiation, the weapon must now be detonated at such a close proximity to the tank that the nuclear explosion‘s blast would now be equally effective at incapacitating it and its crew.[43] However this assertion was regarded as dubious in a reply in 1986 [2] by a member of theRoyal Military College of Science as neutron radiation from a 1 kiloton neutron bomb would incapacitate the crew of a tank with a Protection Factor of 35 out to a range of 280 meters, but the incapacitating blast range, depending on the exact weight of the tank, is much less, from 70 to 130 meters. However although the author did note that effective neutron absorbers and neutron poisons such as Boron carbide can be incorporated into conventional armor and strap on neutron moderating hydrogenous material (hydrogen atom containing substances), such as Explosive Reactive Armor can both increase the protection factor, the author holds that in practice combined with neutron scattering, the actual average total tank area protection factor is rarely higher than 15.5 to 35.[44] According to the Federation of American Scientists, the neutron protection factor of a “tank” can be as low as 2,[2] without qualifying the tank statement is for a light tank(tankette) ormedium tank/main battle tank.

A composite high density concrete, or alternatively, a laminated Graded Z shield, 24 units thick of which 16 units are iron and 8 units are polyethylene containing boron (BPE) and additional mass behind it to attenuate neutron capture gamma rays is more effective than just 24 units of pure iron or BPE alone, due to the advantages of both iron and BPE in combination. Iron is effective in slowing down/scatteringhigh-energy neutrons in the 14-MeV energy range and attenuating gamma rays, while the hydrogen in polyethylene is effective in slowing down these now slowerfast neutrons in the few MeV range, and boron 10 has a high absorption cross section for thermal neutrons and a low production yield of gamma rays when it absorbs a neutron.[45][46][47][48] The Soviet T72 tank, in response to the neutron bomb threat, is cited as having fitted a boronated,[49] polyethylene liner, which has had its neutron shielding properties simulated.[42][50]

The radiation weighting factor for neutrons of various energy has been revised over time and certain agencies have different weighting factors, however despite the variation amongst the agencies, from the graph, for a given energy, A Fusion neutron(14 MeV) although more energetic, is less biologically deleterious than a Fission generated neutron or a Fusion neutron slowed to that energy, ~0.8 MeV .

However as some tank armor material contains depleted uranium(DU), common in the US’s M1A1 Abrams tank, which “incorporates steel-encased depleted uranium armour”,[51] a substance that will fast fission when it captures a fast, fusion generated neutron, and therefore upon fissioning it will producefission neutrons and fission products embedded within the armor, products which emit amongst other things, penetrating gamma rays. Although the neutrons emitted by the neutron bomb may not penetrate to the tank crew in lethal quantities, the fast fission of DU within the armor could still ensure a lethal environment for the crew and maintenance personnel by fission neutron and gamma ray exposure,[52]largely depending on the exact thickness and elemental composition of the armor – information usually hard to attain. Despite this, DUCRETE – which has an elemental composition similar to, but not identical to the ceramic 2nd generation heavy metal Chobham armor of the Abrams tank- DUCRETE is an effective radiation shield, to both fission neutrons and gamma rays due to it being a graded Z material.[53][54] Uranium being about twice as dense as lead is thus nearly twice as effective at shielding gamma ray radiation per unit thickness.[55]

Use against ballistic missiles

As an anti-ballistic missile weapon, the first fielded ER warhead, the W66, was developed for the Sprintmissile system as part of the Safeguard Program to protect United States cities and missile silos from incoming Soviet warheads by damaging their electronic components with the intense neutron flux.[33] Ionization greater than 5,000 rads in silicon chips delivered over seconds to minutes will degrade the function of semiconductors for long periods.[56] Due to the rarefied atmosphere encountered high above the earth at the most likely intercept point of an incoming warhead by a neutron bomb/warhead, whether it be the retired Sprint missile’s W66 neutron warhead or the still in service Russian counterpart, the ABM-3 Gazelle, at the Terminal phase point(10–30 km) of the incoming warheads flight, the neutrons generated by a Mid to High-altitude nuclear explosion(HANE) have an even greater range than that encountered after a low altitude air burst, where there is a lower density of air molecules that produces, by comparison, an appreciable reduction in the air shielding effect/half-value thickness.

However, although this neutron transparency advantage attained only increases at increased altitudes, neutron effects lose importance in the exoatmosphericenvironment, being overtaken by the range of another effect of a nuclear detonation, at approximately the same altitude as the end of the incoming missile’s boost phase(~150 km), ablation producing soft x-rays are the chief nuclear effects threat to the survival of incoming missiles and warheads rather than neutrons.[57] A factor exploited by the other warhead of the Safeguard Program, the enhanced (X-ray) radiation W71 and its USSR/Russian counterpart, the warhead on the A-135 Gorgon missile.

Another method by which neutron radiation can be used to destroy incoming nuclear warheads is by serving as an intense neutron generator and to thus initiate fission in the incoming warheads fissionable components by fast fission, potentially causing the incoming warhead to prematurely detonate in a Fizzle if within sufficient proximity, but in most likely interception ranges, requiring only that enough fissionable material in the warhead fissions to interfere with the functioning of the incoming warhead when it is later fuzed to explode(see related physics:Subcritical reactor).

Lithium-6 Hydride(“Li6H”) is cited as being used as a countermeasure to reduce the vulnerability/”harden” nuclear warheads from the effects of externally generated neutrons.[58][59] Radiation hardening of the warheads electronic components as a countermeasure to high altitude neutron warheads, somewhat reduces the range that a neutron warhead could successfully cause an unrecoverable glitch by the TREE(Transient Radiation effects on Electronics) mechanism.[60][61]

Use as an area denial weapon

In November 2012, during the planning stages of Operation Hammer of God, it was suggested by a British parliamentarian that multiple enhanced radiation reduced blast (ERRB) warheads could be detonated in the mountain region of the Afghanistan/Pakistan border to prevent infiltration.[62] He proposed to warn the inhabitants to evacuate, then irradiate the area, making it unusable and impassable.[63] Used in this manner, the neutron bomb(s), regardless of burst height, would releaseneutron activated casing materials used in the bomb, and depending on burst height, create radioactive soil activation products.

In much the same fashion as the area denial effect resulting from fission product (the substances that make up the majority of fallout) contamination in an area following a conventional surface burst nuclear explosion, as considered in the Korean War by Douglas MacArthur, it would thus be a form of Radiological warfare. With the difference with that of neutron bombs producing 1/2, or less, of the quantity of fission products when compared to the same yield pure fission bomb. Radiological warfare with neutron bombs that rely on fission primaries would therefore still produce fission fallout, albeit a comparatively “cleaner” and shorter lasting version of it in the area if air bursts were utilized, as little to no fission products would be deposited on the direct immediate area, instead becoming diluted global fallout.

However the most effective use of a neutron bomb with respect to area denial would be to encase it in a thick shell of material that could be neutron activated, and use a surface burst. In this manner the neutron bomb would be turned into a “salted bomb“, a case of Zinc-64, produced as a byproduct of depleted zinc oxideenrichment, would for example probably be the most attractive from a military point of view, as when activated the Zinc-65 that is created is a gamma emitter, with a half life of 244 days.[64]

Maintenance

Neutron bombs/warheads require considerable maintenance for their capabilities, requiring some tritium for fusion boosting[citation needed] and tritium in the secondary stage (yielding more neutrons), in amounts on the order of a few tens of grams[65] (10–30 grams[66] estimated). Because tritium has a relatively short half-life of 12.32 years (after that time, half the tritium has decayed), it is necessary to replenish it periodically in order to keep the bomb effective. (For instance: to maintain a constant level of 24 grams of tritium in a warhead, about 1 gram per bomb per year[67] must be supplied.) Moreover, tritium decays into helium-3, which absorbs neutrons[68] and will thus further reduce the bomb’s neutron yield.

See also

http://en.wikipedia.org/wiki/Neutron_bomb

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The Pronk Pops Show 432, March 23, 2015, Story 2: The Scandal of H-1B Visas — The Outsourcing Of American Jobs To Foreign Workers — End The Cheap Labor Racket — Abolish H-1B Visas — Videos

Posted on March 23, 2015. Filed under: American History, Blogroll, Communications, Consitutional Law, Economics, Education, Elections, Employment, Government, History, Illegal Immigration, Immigration, Investments, Law, Media, Philosophy, Photos, Politics, Radio, Regulation, Resources, Scandals, Social Science, Success, Taxation, Taxes, Ted Cruz, Unemployment, Videos, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Pronk Pops Show 432: March 23, 2015

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Story 2: The Scandal of H-1B Visas — The Outsourcing Of American Jobs To Foreign Workers — End The Cheap Labor Racket —  Abolish H-1B Visas —  Videos

h1b_innovationecon_chart1

hib_visa_cap_fill-up_datesH-1B-visa-allocations-by-profession-2000-to-2009

 Copy of Tables_H-1B STEM.xlsxCorrection Table 1.xlsxfigure-2h1bNAT_150210_h1b

Obama Admin Gives Company H-1B Workers To Replace Its American Workers

ABC10: American Workers Hurt By H-1B Visa Program

U.S. Worker Replaced By Lower-Cost Foreign Worker Makes Impassioned Plea To Senators

Sessions Details Case Of American Tech Workers Being Forced To Train Their Guest-Worker Replacements

Professor Salzman Testifies At Hearing On Protecting High-Skilled American Workers

ITIF Debate: Is There a STEM Worker Shortage?

The issue of high skill immigration is receiving increased attention as Congress considers comprehensive immigration legislation. Underlying this issue is an ongoing debate surrounding the U.S. labor market for high-skill workers, including those in science, technology, engineering and math (STEM) fields. The key policy questions being discussed include: is there a shortage of STEM workers in the U.S. economy; is the U.S. education system producing enough STEM graduates with requisite STEM education; and does high-skill immigration negatively affect the domestic supply of STEM talent?

ITIF will host a lively debate on this critical policy issue. Robert Atkinson, President of ITIF, and Jonathan Rothwell, an Associate Fellow at the Brookings Institution, will argue that the United States does face a STEM worker shortage, which is hampering the development of the innovation economy, and high-skill immigration should be used as a tool to address the skills gap. Hal Salzman, Professor of Planning and Public Policy at Rutgers University and Ron Hira, Associate Professor of Public Policy at Rochester Institute of Technology, will counter that the country is not experiencing a STEM shortage, and increased immigration will simply exacerbate unemployment and hurt U.S. workers. The debate will be moderated by Kevin Finneran, editor of the National Academies’ Issues in Science and Technology.

Sen. Cruz Amendment to Immigration Legislation to Increase H-1B Visas

Sen Ted Cruz Wants to DOUBLE Immigration

Bjorn Billhardt testifies to Senate Judiciary Committee

Experts: Proposed Guest Worker Expansions Would Let Tech Companies Import 100% Of New Hires

Attorney For Displaced Tech Workers: H-1B Increase Would Put Countless More Americans Out Of Work

Professor Hira Testifies At Hearing On Protecting High-Skilled American Workers

Ron Hira – Domestic IT & BPO Sourcing Can Generate Good American Jobs: The Role for Policy

maxresdefault outsourcing america

Ron Hira Associate Professor of Public Policy at Rochester Institute of Technology, Research Associate at Economic Policy Institute and co-author of the book, Outsourcing America, giving the opening keynote at Momentum 2013

MidPoint | Ron Hira discusses his column in The Hill calling the H-1B visa the “Outsourcing Visa.”

Ron Hira on H1B Immigration Visas Current Debate – Point of View

The Future of American Jobs – A Discussion about Outsourcing

Reality of H-1B

Bill Gates Asks Senate For Infinite Number Of H 1B Visas

Lou Dobbs on Post Docs & PhDs Being Paid Peanuts & Exploited Through H-1B

Outsourcing America – Sen Byron Jorgan

LOU DOBBS TONIGHT 04.05.07 – H1B Visa Abuse

H-1B Work Visas: Basic Requirements

Silenced workers who lost jobs to H-1B visa abuse (quietly) speak out

BY BYRON YORK

The Senate Judiciary Committee recently held a hearing into abuses of the H-1B skilled guest worker visa program. Lawmakers heard experts describe how the use of foreign workers has come to dominate the IT industry, with many tech giants using the program to fire well-paid current workers and replace them with workers from abroad at significantly lower pay.

“The current system to bring in high-skill guest workers … has become primarily a process for supplying lower-cost labor to the IT industry,” two experts who testified at the hearing, Howard University’s Ron Hira and Rutgers’ Hal Salzman, wrote recently. “Although a small number of workers and students are brought in as the ‘best and brightest,’ most high-skill guest workers are here to fill ordinary tech jobs at lower wages.”

Exhibit A in the abuse of H-1Bs was the case of Southern California Edison, which recently got rid of between 400 and 500 IT employees and replaced them with a smaller force of lower-paid workers brought in from overseas through the H-1B program. The original employees were making an average of about $110,000 a year, the committee heard; the replacements were brought to Southern California Edison by outsourcing firms that pay an average of between $65,000 and $75,000.

“Simply put, the H-1B program has become a cheap labor program,” Hira, author of the bookOutsourcing America, testified. “To add insult to injury, Southern California Edison forced its American workers to train their H-1B replacements as a condition of receiving their severance packages.”

It was a powerful presentation, especially in light of the fact that many Republicans and Democrats in Congress do not want to address abuses of the H-1B problem but rather want to greatly increase the number of H-1B visa workers allowed into the United States.

But one voice was missing from the hearing, and that was the voice of laid-off workers. That was no accident. In addition to losing their jobs and being forced to train their foreign replacements, many fired workers are required to sign non-disparagement agreements as a condition of their severance. They are workers with families and bills to pay, and they are told that if they do not agree to remain silent, they will be terminated with cause, meaning they will receive no severance pay or other benefits and will face an even tougher search for a new job and a continued career. So they remain silent.

A longtime feature of the Capitol Hill hearing into this or that unfair practice is to hear from the victims of this or that unfair practice. The IT industry has worked to make sure that does not happen in the case of H-1B visa abuse. Still, the Judiciary Committee managed to receive testimonials from four laid-off workers, three from Southern California Edison and one from another company. So to flesh out the H-1B story with the perspective of those who are actually paying the price when H-1B visas are used to displace American workers, here are their anonymous testimonials:

Worker One:

My former company, a large utility company, replaced 220 American IT workers with H-1Bs…we would have to train them in order to receive our severance packages. This was one of the most humiliating situations that I have ever been in as an IT professional.

The whole IT department was going through the same fate as myself. Those were the longest and hardest five months of my life. Not only did I lose a work family, but I lost my job and my self-esteem. We had constant emails sent by HR that we could not talk about this situation to anyone or make posts to social media. If we did, we would be fired immediately and not get our severance.

We had jobs and there was no shortage of skilled labor that would make it necessary to bring in H-1Bs. We were let go and replaced by foreign workers who certainly weren’t skilled to take our positions.

Worker Two:

I am an IT professional and worked for Southern California Edison for over two decades. I was a loyal employee and always received outstanding reviews. A foreign worker with a H-1B visa recently replaced me.

I am the sole provider of my children. Due to a disability, finding employment at the same wage and with a work modification will be very difficult…It is an ominous possibility that in five years or less I may have no assets, suffer from severe pain and will need to go on full disability with a catastrophic decrease in income. The loss of my job may rob me of a secure retirement.

My layoff has made my children fearful of their future and the security of their home. If I stay in the IT field I run a high risk of again being replaced by a foreign worker.

It’s a farce teaching our kids STEM when the government is permitting U.S. companies to abuse the H-1B visa program, which allows foreigners to take these future jobs from them.

I voted for President Obama and was appalled that he implemented a rule change, which allows work permits to H-1B spouses. My future votes will only go to candidates that support reforms to the H-1B visa program that preserve the American worker.

Worker Three:

I started working at Southern California Edison several decades ago. SCE was a company that many people started with at a young age, could work there through their lifetimes, and retire with a good pension and benefits. That was my plan. And I would have been able to do exactly that — until an executive announced a couple years ago that my department was going to be outsourced.

We were forced to train the less qualified foreign workers hired to take our jobs.

Over 400 hardworking, intelligent people have lost their jobs due to the H-1B visa program. Many of us, and countless more like us, face enormous hurdles to find new jobs — why would companies want to hire us when they can hire cheaper workers on the H-1B visa to do our jobs for us?

Worker Four:

As longtime employees we loved the work we were doing and the people we were working with. We did a great job. Our work mattered. The work we performed was instrumental in building a world-class business unit.

Through no fault of my own my job was just given to someone else with a lot less experience, knowledge and skills, lowering my standard of living and raising theirs so Edison could save a few dollars and reward stockholders with a few more pennies on their dividends.

I and most of my co-workers are completely disgusted that Edison can fire us and replace us with foreign workers, abusing the H1-B program. We cannot understand how the CPUC (California Public Utilities Commission), Governor and Congress, President and media can all ignore this abuse and just pretend it doesn’t matter. It’s as if we no longer matter or have value as human beings or American citizens.

It’s certainly true that other workers in other industries have lost jobs because companies wanted to cut costs. Highly-paid middle-aged workers have been replaced by younger employees working for less. That can be an unhappy fact of life in today’s economy. But in the case of H-1Bs, the federal government is expressly giving a special permit to foreign workers — actually, to large outsourcing firms that use H-1Bs to bring those workers to the U.S. — in order to displace American workers. And now many lawmakers in both parties — their task made simpler by the enforced silence of fired and angry workers — want even more H-1Bs. Is that something the government should do?

http://www.washingtonexaminer.com/silenced-workers-who-lost-jobs-to-h-1b-visa-abuse-quietly-speak-out/article/2561856

 

As tech giant calls for more foreign workers, Senate hears of displaced Americans

BY BYRON YORK

Eric Schmidt, CEO of Google, believes passionately that the United States needs more skilled foreign workers. He has long advocated increasing the number of so-called H-1B visas, which allow those workers to come to the U.S. for several years and, in many cases, work for lower wages than current employees. Schmidt is frustrated that Congress hasn’t done as he and other tech moguls want.

“In the long list of stupid policies of the U.S. government, I think our attitude toward immigration has got to be near the top,” Schmidt said during an appearance this week at the American Enterprise Institute in Washington. “Everyone actually agrees that there should be more H-1B visas in order to create more tech, more science, more analytical jobs. Everyone agrees, in both parties.”

The Eric Schmidt pleading for more foreign workers is the same Eric Schmidt who boasts of turning away thousands upon thousands of job seekers who apply for a few prized positions at Google. For example, at an appearance in Cleveland last October to promote his book, How Google Works, Schmidt explained that his company receives at least 1,000 applications for every job opening. “The good news is that we have computers to do the initial vetting,” Schmidt explained, according to an account in the Cleveland Plain Dealer.

Other tech leaders join Schmidt in calling for more foreign workers. Some companies are actually lobbying for more H-1Bs and laying off American staff at the same time. For example, last year Microsoft announced the layoff of 18,000 people at the very moment it was pushing Congress for more guest worker visas.

Given all that, there’s not quite the unanimous agreement on the need for more foreign workers that Schmidt claims. At a hearing this week before the Senate Judiciary Committee, a number of experts testified that the H-1B program, so sought-after by CEOs, is being abused to harm American workers.

Ron Hira, a Howard University professor and author of the book Outsourcing America, told the story of Southern California Edison, which recently got rid of 500 IT employees and replaced them with a smaller force of lower-paid workers brought in from overseas through the H-1B program. The original employees were making an average of about $110,000 a year, Hira testified; the replacements were brought to Southern California Edison by outsourcing firms that pay an average of between $65,000 and $75,000.

“To add insult to injury,” Hira said, “SCE forced its American workers to train their H-1B replacements as a condition of receiving their severance packages.”

Hira testified that such situations are not unusual. And on the larger issue of whether there is, as many tech executives claim, a critical shortage of labor in what are called the STEM fields — science, technology, engineering and math — another professor, Hal Salzman of Rutgers, testified that the shortage simply does not exist.

“The U.S. supply of top-performing graduates is large and far exceeds the hiring needs of the STEM industries, with only one of every two STEM graduates finding a STEM job,” Salzman testified. “The guest worker supply is very large [and] it is highly concentrated in the IT industry, leading to both stagnant wages and job insecurity.”

The hearing also featured Jay Palmer, a former Infosys project manager who blew the whistle on a case in which the big outsourcing firm paid $34 million in fines for worker visa violations. “I watched this on a daily basis,” Palmer told the Judiciary Committee. “I sat in the offices in meetings with companies that displaced American workers only because the Americans who had been there 15 or 20 years were being paid too much money.”

So not everyone agrees with Schmidt on the need for more H-1B workers. Certainly not the laid-off IT employees at Southern California Edison. And not the workers reportedly displaced by similar practices at Disney, Harley Davidson, Cargill, Pfizer and other companies. Who knows? Maybe some of those workers have been among the 1,000-plus who apply for every Google opening.

To hear the witnesses before the Senate Judiciary Committee tell it, Congress needs to act — not to increase the number of H-1Bs but to close the loopholes that allow them to be so badly abused at such a cost to American workers. “Congress and multiple administrations have inadvertently created a highly lucrative business model of bringing in cheaper H-1B workers to substitute for Americans,” Hira told the committee. “Simply put, the H-1B program has become a cheap labor program.”

http://www.washingtonexaminer.com/as-tech-giant-calls-for-more-foreign-workers-senate-hears-of-displaced-americans/article/2561766

 

H-1B visa

From Wikipedia, the free encyclopedia

The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S.

The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor[1] including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum[2] (with the exception of fashion models, who must be “of distinguished merit and ability”).[3] Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.

Structure of the program

Duration of stay

The duration of stay is three years, extendable to six years. An exception to maximum length of stay applies in certain circumstances

  • If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year or three-year increments until a decision has been rendered on their application for permanent residence.
  • If the visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa. This exception originated with the American Competitiveness in the Twenty-First Century Act of 2000.[4]
  • The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work.

H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa. Despite a limit on length of stay, no requirement exists that the individual remain for any period in the job the visa was originally issued for. This is known as H-1B portability or transfer, provided the new employer sponsors another H-1B visa, which may or may not be subjected to the quota. Under current law, H-1B visa has no stipulated grace period in the event the employer-employee relationship ceases to exist.

Congressional yearly numerical cap and exemptions[edit]

The current law limits to 65,000 the number of foreign nationals who may be issued a visa or otherwise provided H-1B status each fiscal year (FY). Laws exempt up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities from the cap on H-1B visas. In addition, excluded from the ceiling are all H-1B non-immigrants who work at (but not necessarily for) universities, non-profit research facilities associated with universities, and government research facilities.[5] Universities can employ an unlimited number of foreign workers as cap-exempt. This also means that contractors working at but not directly employed by the institutions may be exempt from the cap as well. Free Trade Agreements carve out 1,400 H-1B1 visas for Chilean nationals and 5,400 H-1B1 visas for Singapore nationals. However, if these reserved visas are not used, then they are made available in the next fiscal year to applicants from other countries. Due to these unlimited exemptions and roll-overs, the number of H-1B visas issued each year is significantly more than the 65,000 cap, with 117,828 having been issued in FY2010, 129,552 in FY2011, and 135,991 in FY2012.[6][7]

The United States Citizenship and Immigration Services starts accepting applications on the first business day of April for visas that count against the fiscal year starting in October. For instance, H-1B visa applications that count against the FY 2013 cap could be submitted starting from Monday, 2012 April 2. USCIS accepts H-1B visa applications no more than 6 months in advance of the requested start date.[8] Beneficiaries not subject to the annual cap are those who currently hold cap-subject H-1B status or have heldcap-subject H-1B status at some point in the past six years.

Tax status of H-1B workers

The taxation of income for H-1B employees depends on whether they are categorized as either non-resident aliens or resident aliens for tax purposes. A non-resident alien for tax purposes is only taxed on income from the United States, while a resident alien for tax purposes is taxed on all income, including income from outside the US.

The classification is determined based on the “substantial presence test“: If the substantial presence test indicates that the H-1B visa holder is a resident, then income taxation is like any other U.S. person and may be filed using Form 1040 and the necessary schedules; otherwise, the visa-holder must file as a non-resident alien using tax form 1040NR or 1040NR-EZ; he or she may claim benefit from tax treaties if they exist between the United States and the visa holder’s country of citizenship.

Persons in their first year in the U.S. may choose to be considered a resident for taxation purposes for the entire year, and must pay taxes on their worldwide income for that year. This “First Year Choice” is described in IRS Publication 519 and can only be made once in a person’s lifetime. A spouse, regardless of visa status, must include a valid Individual Taxpayer Identification Number (ITIN) or Social Security number (SSN) on a joint tax return with the H-1B holder.

Tax filing rules for H-1B holders may be complex, depending on the individual situation. Besides consulting a professional tax preparer knowledgeable about the rules for foreigners, the IRS Publication 519, U.S. Tax Guide for Aliens, may be consulted. Apart from state and federal taxes, H-1B visa holders pay Medicare and Social Security taxes, and are eligible for Social Security benefits.

H-1B and legal immigration

Even though the H-1B visa is a non-immigrant visa, it is one of the few visa categories recognized as dual intent, meaning an H-1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. In the past the employment-based green card process used to take only a few years, less than the duration of the H-1B visa itself. However, in recent times the legal employment-based immigration process has backlogged and retrogressed to the extent that it now takes many years for guest-work visa holders from certain countries to obtain green cards. Since the duration of the H-1B visa hasn’t changed, this has meant that many more H-1B visa holders must renew their visas in one or three-year increments for continued legal status while their green card application is in process.

Dependents of H-1B visa holders

H-1B visa holders can bring immediate family members (spouse and children under 21) to the U.S. under the H4 Visa category as dependents. An H4 Visa holder may remain in the U.S. as long as the H-1B visa holder retains legal status. An H4 visa holder is not eligible to work or get a Social Security number (SSN).[9] However, a DHS ruling made on Feb 24, 2015 provides certain H4 visa holders with eligibility to work, starting May 26, 2015.[10] An H4 Visa holder may attend school, get a driver’s license, and open a bank account in the U.S. To claim a dependent on a tax return or file a joint tax return, the dependent must obtain an Individual Tax Identification Number (ITIN), which is only used for tax filing purposes.

Administrative processing

When an H-1B worker goes outside of U.S. for vacation, he or she has to get the visa stamped on his passport unless he has already done so for re-entry in the United States. The interview is taken in U.S. Embassy by a visa officer. In some cases, H-1B workers can be required to undergo “administrative processing”, involving extra, lengthy background checks. Under current rules, these checks are supposed to take ten days or less, but in some cases, have lasted years.[11]

Evolution of the program

Changes in the cap, number of applications received, and numbers of applications approved vs. visas issued[edit]

During the early 1990s, the cap was rarely reached. By the mid-1990s, however, the allocation tended fill each year on a first come, first served basis, resulting in frequent denials or delays of H-1Bs because the annual cap had been reached. In 1998, the cap increased to 115,000.

American Competitiveness in the Twenty-First Century Act of 2000 (Hatch-Abraham-Gramm; PL106-313 sections102 and 103; 114 Stat 1251; enacted 2000-10-03; signed by Bill Clinton 2000-10-17) granted government functionaries amnesty for over-shooting the H-1B limit by 22,500 in FY1999 and by about 30,000 in FY2000; temporarily increased H-1B “cap”/”limit” to 195K for FY2001 through FY2003; exempted all individuals being hired by institutions of higher education, as well as non-profit and government-research organizations, from the cap, and § 105, 114 Stat. 1253 permitted portability, i.e. employer/sponsor change.

The H-1B Visa Reform Act of 2004 mandated that, “…the first 20,000 H-1B petitions filed on behalf of aliens with U.S.-earned masters’ or higher degrees will be exempt from any fiscal year cap…”[12] Additionally, universities, nonprofit research organizations affiliated with universities, and governmental research organizations are exempt from the H-1B cap. For all other new H-1B applicants, the congressionally mandated H-1B visa cap is 65,000 annually.[12][13]

For FY2007, with applications accepted from 2006 April 1, the entire quota of visas for the year was exhausted within a span of 2 months on May 26,[14] well before the beginning of the financial year concerned. The additional 20,000 Advanced Degree H-1B visas were exhausted on July 26.

For FY2008, the entire quota was exhausted before the end of the first day that applications were accepted, April 2.[15] Under USCIS rules, the 123,480 petitions received on April 2 and April 3 that were subject to the cap were pooled, and then 65,000 of these were selected at random for further processing.[16] The additional 20,000 Advanced Degree H-1B visas for FY2008 was exhausted on April 30.

For FY2009, USCIS announced on 2008 April 8, that the entire quota for visas for the year had been reached, for both 20,000 Advanced and the 65,000 quota. USCIS would complete initial data entry for all filing received during 2008 April 1 to April 7, before running the lottery, while 86,300 new visas were approved.[17]

For FY2010, USCIS announced on 2009 December 21, that enough petitions were received to reach that year’s cap.[18]

For FY2011, USCIS announced on 2011 January 27, that enough petitions were received to reach that year’s cap on January 26.

For FY2015, USCIS announced on 2014 April 10 that received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption.[19]

Numbers of applications approved

The applications received are evaluated by USCIS, and some subset are approved each year. It is possible for an individual to file multiple applications, for multiple job opportunities with a single employer/sponsor or with multiple employer/sponsors. It is possible for an individual applicant to have multiple applications approved and to be able to choose which one to take.

In its annual report on H-1B visas, released in 2006 November, USCIS stated that it approved 130,497 H-1B visa applications in FY2004 (while 138,965 new visas were issued through consular offices) and 116,927 in FY2005 (while 124,099 new visas were issued via consular offices).[12][20][21][22][23][23][24][25]

In FY2008, a total of 276,252 visa applications (109,335 initial, 166,917 renewals and extensions) were approved, and 130,183 new initial visas were issued through consular offices.

In FY2009, 214,271 visas were approved, with 86,300 being for initial employment, and 127,971 being for continued employment)[26] and 110,988 initial H-1B visas were issued from consular offices.[27]

In FY2010, 192,990 new visas were approved, with 76,627 being for initial employment and 116,363 being for continuing employment. 117,828 new visas were issued through consular offices[28]

In FY2011, 269,653 new visas were approved, with 106,445 being for initial employment and 163,208 being for continued employment. 129,552 new visas were issued through consular offices.[28]

In FY2012, 262,569 new visas were approved with 136,890 being for initial employment and 125,679 being for continued employment.[28][21][22][23][24][25][28][28][29][30]

American Competitiveness in the Twenty-First Century Act of 2000

The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the U.S. Department of Labor’s PERM system for labor certification erased most of the earlier claimed arguments for H-1Bs as indentured servants during the green card process. With PERM, labor certification processing time is now approximately 9 months (as of Mar 2010).[31]

Because of AC21, the H-1B employee is free to change jobs if they have an I-485 application pending for six months and an approved I-140, and if the position they move to is substantially comparable to their current position. In some cases, if those labor certifications are withdrawn and replaced with PERM applications, processing times improve, but the person also loses their favorable priority date. In those cases, employers’ incentive to attempt to lock in H-1B employees to a job by offering a green card is reduced, because the employer bears the high legal costs and fees associated with labor certification and I-140 processing, but the H-1B employee is still free to change jobs.

However, many people are ineligible to file I-485 at the current time due to the widespread retrogression in priority dates. Thus, they may well still be stuck with their sponsoring employer for many years. There are also many old labor certification cases pending under pre-PERM rules.

Consolidated Natural Resources Act of 2008

The Consolidated Natural Resources Act of 2008, which, among other issues, federalizes immigration in the Commonwealth of the Northern Mariana Islands, stipulates that during a transition period, numerical limitations do not apply to otherwise qualified workers in the H visa category in the CNMI and Guam.[32]

American Recovery and Reinvestment Act of 2009

On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (“stimulus bill”), Public Law 111-5.[33] Section 1661 of the ARRA incorporates the Employ American Workers Act (EAWA) by Senators Sanders (I-Vt.) and Grassley (R-Iowa) to limit certain banks and other financial institutions from hiring H-1B workers unless they had offered positions to equally or better-qualified U.S. workers, and to prevent banks from hiring H-1B workers in occupations they had laid off U.S. workers from. These restrictions include:

  1. The employer must, prior to filing the H-1B petition, take good-faith steps to recruit U.S. workers for the position for which the H-1B worker is sought, offering a wage at least as high as what the law requires for the H-1B worker. The employer must also attest that, in connection with this recruitment, it has offered the job to any U.S. worker who applies who is equally or better qualified for the position.
  2. The employer must not have laid off, and will not lay off, any U.S. worker in a job essentially equivalent to the H-1B position in the area of intended employment of the H-1B worker within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing.[34]

Changes in USCIS policy

After completing a policy review, the USCIS clarified that individuals who spent more than one year outside of U.S. and did not exhaust their entire six-year term can choose to be re-admitted for the “remainder” of initial six-year period without being subject to the H-1B cap.[35]

After completing a policy review, the USCIS clarified that, “Any time spent in H-4 status will not count against the six-year maximum period of admission applicable to H-1B aliens.”[35]

USCIS recently issued a memorandum dated 8 Jan 2010. The memorandum effectively states that there must be a clear “employee employer relationship” between the petitioner (employer) and the beneficiary (prospective visa holder). It simply outlines what the employer must do to be considered in compliance as well as putting forth the documentation requirements to back up the employer’s assertion that a valid relationship exists.

The memorandum gives three clear examples of what is considered a valid “employee employer relationship”:

  • a fashion model
  • a computer software engineer working off-site/on-site
  • a company or a contractor which is working on a co-production product in collaboration with DOD

In the case of the software engineer, the petitioner (employer) must agree to do (some of) the following among others:

  • Supervise the beneficiary on and off-site
  • Maintain such supervision through calls, reports, or visits
  • Have a “right” to control the work on a day-to-day basis if such control is required
  • Provide tools for the job
  • Hire, pay, and have the ability to fire the beneficiary
  • Evaluate work products and perform progress/performance reviews
  • Claim them for tax purposes
  • Provide (some type of) employee benefits
  • Use “proprietary information” to perform work
  • Produce an end product related to the business
  • Have an “ability to” control the manner and means in which the worker accomplishes tasks

It further states that “common law is flexible” in how to weigh these factors. Though this memorandum cites legal cases and provides examples, such a memorandum in itself is not law and future memoranda could change this.

Protections for U.S. workers

Labor Condition Application

Further information: Labor Condition Application

The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers. For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) (not to be confused with the labor certification), certified by the U.S. Department of Labor. The LCA is designed to ensure that the wage offered to the non-immigrant worker meets or exceeds the “prevailing wage” in the area of employment. (“Immigration law has a number of highly technical terms that may not mean the same thing to the average reader.”[36] last updated 2011 March 31, visited 2012 November 5) The LCA also contains an attestation section designed to prevent the program from being used to import foreign workers to break a strike or replace U.S. citizen workers.

While an employer is not required to advertise the position before hiring an H-1B non-immigrant pursuant to the H-1B visa approval, the employer must notify the employee representative about the Labor Condition Application (LCA)—or if there is no such representation, the employer must publish the LCA at the workplace and the employer’s office.[37][38] Under the regulations, LCAs are a matter of public record. Corporations hiring H-1B workers are required to make these records available to any member of the public who requests to look at them. Copies of the relevant records are also available from various web sites, including the Department of Labor.

History of the Labor Condition Application form

The LCA must be filed electronically using Form ETA 9035E.[39] Over the years, the complexity of the form increased from one page in 1997[40] to three pages in 2008,[41] to five pages as of August 2012.[42]

Employer attestations

By signing the LCA, the employer attests that:[43]

  • The employer pays H-1B non-immigrants the same wage level paid to all other individuals with similar experience and qualifications for that specific employment, or the prevailing wage for the occupation in the area of employment, whichever is higher.
  • The employment of H-1B non-immigrants does not adversely affect working conditions of workers similarly employed.
  • On the date the application is signed and submitted, there is not a strike, lockout, or work stoppage in the course of a labor dispute in the occupation in which H-1B non-immigrants will be employed at the place of employment. If such a strike or lockout occurs after this application is submitted, the employer must notify ETA within three days, and the application is not used to support petition filings with INS for H-1B non-immigrants to work in the same occupation at the place of employment until ETA determines the strike or lockout is over.
  • A copy of this application has been, or will be, provided to each H-1B non-immigrant employed pursuant to this application, and, as of the application date, notice of this application has been provided to workers employed in the occupation in which H-1B non-immigrants will be employed:
    • Notice of this filing has been provided to bargaining representative of workers in the occupation in which H-1B non-immigrants will be employed; or
    • There is no such bargaining representative; therefore, a notice of this filing has been posted and was, or will remain, posted for 10 days in at least two conspicuous locations where H-1B non-immigrants will be employed.

The law requires H-1B workers to be paid the higher of the prevailing wage for the same occupation and geographic location, or the same as the employer pays to similarly situated employees. Other factors, such as age and skill were not permitted to be taken into account for the prevailing wage. Congress changed the program in 2004 to require the Department of Labor to provide four skill-based prevailing wage levels for employers to use. This is the only prevailing wage mechanism the law permits that incorporates factors other than occupation and location.

The approval process for these applications are based on employer attestations and documentary evidence submitted. The employer is advised of their liability if they are replacing a U.S. worker.

Limits on employment

According to the USCIS, “H-1B nonimmigrants may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. Generally, a nonimmigrant employee may work for more than one employer at the same time. However, each employer must follow the process for initially applying for a nonimmigrant employee.”[44]

H-1B fees earmarked for U.S. worker education and training

In 2007, the U.S. Department of Labor, Employment and Training Administration (ETA), reported on two programs, the High Growth Training Initiative and Workforce Innovation Regional Economic Development (WIRED), which have received or will receive $284 million and $260 million, respectively, from H-1B training fees to educate and train U.S. workers.[citation needed] According to the Seattle Times $1 billion from H1-B fees have been distributed by the Labor Department to further train the U.S. workforce since 2001.[45]

Criticisms of the program

The H-1B program has caused a number of criticisms.

No labor shortages

Paul Donnelly, in a 2002 article in Computerworld, cited Milton Friedman as stating that the H-1B program acts as a subsidy for corporations.[46] Others holding this view include Dr. Norman Matloff, who testified to the U.S. House Judiciary Committee Subcommittee on Immigration on the H-1B subject.[47] Matloff’s paper for the University of Michigan Journal of Law Reform claims that there has been no shortage of qualified American citizens to fill American computer-related jobs, and that the data offered as evidence of American corporations needing H-1B visas to address labor shortages was erroneous.[48] The United States General Accounting Office found in a report in 2000 that controls on the H-1B program lacked effectiveness.[49] The GAO report’s recommendations were subsequently implemented.

High-tech companies often cite a tech-worker shortage when asking Congress to raise the annual cap on H-1B visas, and have succeeded in getting various exemptions passed. The American Immigration Lawyers Association (AILA), described the situation as a crisis, and the situation was reported on by the Wall Street Journal, BusinessWeek and Washington Post. Employers applied pressure on Congress.[50] Microsoft chairman Bill Gates testified in 2007 on behalf of the expanded visa program on Capitol Hill, “warning of dangers to the U.S. economy if employers can’t import skilled workers to fill job gaps”.[50] Congress considered a bill to address the claims of shortfall[51] but in the end did not revise the program.[52]

According to a study conducted by John Miano and the Center for Immigra