Pronk Pops Show 888, May 8, 2017, Story 1: Obama Administration Used Intelligence Agencies To Spy On Republican Presidential Candidates Including Senator Rand Paul and Donald J. Trump — Obamagate Surveillance Scandal — Videos — Breaking — Story 2: Sally Yates Testifies About Warning White House About Blackmail Risk of National Security Adviser Michael General Flynn And Former Obama National Security Adviser Susan Rice Refused To Testify — Time To Release National Security Agency Transcripts of Former National Security Adviser Flynn’s Conversations With Russians — Did He Really Discuss Obama’s Russian Sanctions? — Videos

Posted on May 8, 2017. Filed under: American History, Blogroll, Breaking News, College, Communications, Congress, Constitutional Law, Corruption, Countries, Crime, Culture, Deep State, Donald J. Trump, Donald Trump, Elections, Empires, Employment, Federal Bureau of Investigation (FBI), Federal Government, Foreign Policy, Freedom of Speech, Government, High Crimes, History, House of Representatives, Human, Human Behavior, Law, Life, Lying, Media, National Interest, National Security Agency, News, Obama, Philosophy, Photos, Politics, Polls, President Barack Obama, President Trump, Presidential Appointments, Raymond Thomas Pronk, Rule of Law, Russia, Scandals, Senate, United States of America | Tags: , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

Pronk Pops Show 845: February 23, 2017

Pronk Pops Show 844: February 22, 2017

Pronk Pops Show 843: February 21, 2017

Pronk Pops Show 842: February 20, 2017

Pronk Pops Show 841: February 17, 2017

Pronk Pops Show 840: February 16, 2017

Pronk Pops Show 839: February 15, 2017

Pronk Pops Show 838: February 14, 2017

Pronk Pops Show 837: February 13, 2017

Pronk Pops Show 836: February 10, 2017

Pronk Pops Show 835: February 9, 2017

Pronk Pops Show 834: February 8, 2017

Pronk Pops Show 833: February 7, 2017

Pronk Pops Show 832: February 6, 2017

Pronk Pops Show 831: February 3, 2017

Pronk Pops Show 830: February 2, 2017

Pronk Pops Show 829: February 1, 2017

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Story 1: Obama Administration Used Intelligence Agencies To Spy On Republican Presidential Candidates Including Senator Rand Paul and Donald J. Trump  — Obamagate Surveillance Scandal — Videos —  
Image result for obama warrantless Image result for cartoons obama spying and surveillance of trumpImage result for obama warrantless Image result for obama warrantless Image result for cartoons obama spying and surveillance of trumpImage result for obama warrantless WARNING SHOTS: Rand Paul Says Obama Administration SPIED on His Campaign in 2016 Election

Published on May 5, 2017

Sen. Rand Paul (R-KY) on Friday told Breitbart News that several sources have told him that the Obama administration spied on his presidential campaign.

Source: http://www.breitbart.com/big-governme…

Sen Rand Paul Destroys Morning Joe Panel Over Trump Spying Allegations

Napolitano: Will NSA continue to spy on Americans?

Published on May 3, 2017

Judge Napolitano’s Chambers: Judge Andrew Napolitano weighs in on whether the NSA should continue monitoring all Americans or only alleged criminals?

The Latest On The Obama Administration Spying Scandal

William Binney Breaks Down What Sort Of Surveillance Donald Trump Was Actually Under

Felonies On Top Of Felonies Committed By Obama Admin? – Trump Surveillance Confirmed – Hannity

Silent Coup: Obama, FISA, NSA, Deep State vs. President Donald Trump

NSA Whistleblower William Binney: The Future of FREEDOM

Trump National Security Advisor General Flynn text, Russian Diplomat contact, ongoing investigation

Michael Flynn Discussed Sanctions With Russia Pre-Inauguration, Report Says

Unmasking Probes Looking Beyond Trump Officials – America’s Newsroom

“Somebody WAS Spying on Trump” | Senator Rand Paul

Tucker Carlson : Did Obama Admin Spy On President Trump’s Team “Compelling Evidence Revealed”

NSA Whistleblower Bill Binney on Tucker Carlson 03.24.2017

Obama Admin Surveillance On Pres Trump – Smoking Gun to Be Revealed Soon – Hannity

“You’re Being Watched”: Edward Snowden Emerges as Source Behind Explosive Revelations of NSA Spying

Obama Defends NSA Spying

Obama on Prism, Phone Spying Controversy: “No One Is Listening To Your Phone Calls”

BREAKING: OBAMA WAS SPYING ON PRESIDENT TRUMP! HERE IS THE PROOF!

Published on Mar 22, 2017

Sub for more: http://nnn.is/the_new_media | Danny Gold for Liberty Writers reports, Today, March 22, 2017, will go down in history as the day Donald Trump PROVED Obama did spy on him during the election! According to House Intelligence Committee Chairman Devin Nunes, Barack Obama’s administration used blanket surveillance and “unmasking” practices to spy on members of the Trump campaign!

Rachel Maddow The NSA AT&T Spying ‘Secret Room’ & PRISM

Snowden Documents Reveal AT&T’s “Extreme Willingness to Help” NSA Domestic Spy Program

NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post

Meet the Whistleblower Who Exposed the Secret Room AT&T Used to Help the NSA Spy on the Internet

Donald Trump’s Administration Has Already Been Spied On | Rand Paul on Wiretap and Obamacare

Rand Paul, libertarian group suing Obama admin over NSA spying

Did President Obama Spy On Donald Trump? | True News

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

You Belong To Me – Carly Simon

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Rand Paul: Obama may have spied on me, other lawmakers using NSA intercepts by John Solomon

Sen. Rand Paul, the former Republican presidential candidate and vocal champion of civil liberties, has received allegations that the Obama administration sought intercepted intelligence from the National Security Agency on him and other members of Congress and has asked President Donald Trump to conduct a formal investigation, Circa has learned.

Paul quietly asked for the probe nearly a month ago in a letter to Trump that was obtained by Circa.

“An anonymous source recently alleged to me that my name, as well as the names of other Members of Congress, were unmasked, queried or both, in intelligence reports of intercepts during the prior administration,” Paul wrote Trump in a letter dated April 10.

“In light of the revelations that the names of persons associated with the Trump campaign were unmasked, I believe the allegations that myself and other elected members of the legislative branch may have also been unmasked or caught in intelligence gathering warrants investigation.”

The emergence of the letter, which also was copied to White House Chief of Staff Reince Priebus and senior Trump adviser Steve Bannon, comes after Circa recently reported that members of Congress and their staffs have been unmasked in NSA intelligence reports as frequently as once a month since President Obama loosened privacy protections back in 2011.

Read Sen. Paul’s letter to Donald Trump

Stellar Wind

From Wikipedia, the free encyclopedia
For flows of particles from stars, see stellar wind.

2009 OIG Draft Report on Stellar Wind

Stellar Wind or Stellarwind is the code name of information collected under the President’s Surveillance Program (PSP).[1] The National Security Agency (NSA) program was approved by President George W. Bush shortly after the September 11, 2001 attacks and was revealed by Thomas Tamm to The New York Times in 2008.[2][3] Stellar Wind was a prelude to new legal structures that allowed President Bush and President Barack Obama to reproduce each of those programs and expand their reach.[4]

Scope of the program

The program’s activities involved data mining of a large database of the communications of American citizens, including e-mail communications, telephone conversations, financial transactions, and Internet activity.[3] William Binney, a retired technical leader with the NSA, discussed some of the architectural and operational elements of the program at the 2012 Chaos Communication Congress.[5]

The intelligence community also was able to obtain from the U.S. Treasury Department suspicious activity reports, or “SARS”, which are reports of activities such as large cash transactions that are submitted by financial institutions under anti-money laundering rules.[3]

There were internal disputes within the U.S. Justice Department about the legality of the program, because data are collected for large numbers of people, not just the subjects of Foreign Intelligence Surveillance Act (FISA) warrants.[5][6] During the Bush Administration, the Stellarwind cases were referred to by FBI agents as “pizza cases” because many seemingly suspicious cases turned out to be food takeout orders. According to then-FBI Director Robert Mueller, approximately 99% of the cases led nowhere, but “it’s that other 1% that we’ve got to be concerned about”.[2]

2004 conflict

From a report by the inspectors general of six US intelligence agencies that was declassified in September 2015, it became clear that President Bush had originally authorized the collection of telephone and e-mail metadata only if one end of the communications was foreign or when there was a link to terrorism. But in 2004, the Justice Department found out that the NSA was apparently also collecting the metadata of purely domestic communications, after which President Bush declared that NSA had always been allowed to do so, but that analysts were only allowed to look at metadata related to terrorism. With this revised formulation, Bush reauthorized the program on March 11, 2004.[7]

In 2004, the head of the Office of Legal Counsel, Jack Landman Goldsmith, wrote at least two legal memos authorizing the program, “We conclude only that when the nation has been thrust into an armed conflict by a foreign attack on the United States and the president determines in his role as commander in chief … that it is essential for defense against a further foreign attack to use the [wiretapping] capabilities of the [National Security Agency] within the United States, he has inherent constitutional authority” to order warrantless wiretapping—”an authority that Congress cannot curtail,” Goldsmith wrote in a 108-page memo dated May 6, 2004. In March 2004, the OLC concluded the e-mail program was not legal, and then-Acting Attorney General James Comey refused to reauthorize it.[8]

Revelations

In March 2012 Wired magazine published “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” talking about a vast new NSA facility in Utah and said, “For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellarwind, in detail,” naming the official William Binney, a former NSA code breaker. Binney went on to say that the NSA had highly secured rooms that tap into major switches, and satellite communications at both AT&T and Verizon.[9] The article suggested that the supposedly-terminated Stellarwind continues as an active program. This conclusion was supported by the exposure of Room 641A in AT&T’s operations center in San Francisco in 2006.

In June 2013 the Washington Post and the Guardian published an OIG draft report, dated March 2009, leaked by Edward Snowden detailing the Stellarwind program.[1][10] No doubt remained about the continuing nature of the surveillance program.

In September 2014 The New York Times asserted, “Questions persist after the release of a newly declassified version of a legal memo approving the National Security Agency’s Stellarwind program, a set of warrantless surveillance and data collection activities secretly authorized after the terrorist attacks of Sept. 11, 2001.” as an introductory headline summary with a link. The accompanying article addressed the release of a newly declassified version of the May 2004 memo.[11] Note was made that the bulk of the program, the telephone, Internet, and e-mail surveillance of American citizens, remained secret until the revelations by Edward Snowden and that to date, significant portions of the memo remain redacted in the newly released version, as well as, that doubts and questions about its legality persist.

See also

References

  1. ^ Jump up to:a b NSA Inspector General report on the President’s Surveillance Program, March 24, 2009, page 10, note 3.
  2. ^ Jump up to:a b “Is the FBI Up to the Job 10 Years After 9/11?” April 28, 2011
  3. ^ Jump up to:a b c Isikoff, Michael (December 13, 2008). “The Fed Who Blew the Whistle: Is he a hero or a criminal?”. Newsweek. Archived from the original on December 15, 2008.
  4. Jump up^ Gellman, Barton (June 16, 2013). “U.S. surveillance architecture includes collection of revealing Internet, phone metadata”. The Washington Post.
  5. ^ Jump up to:a b Binney, William. 29C3 Panel: Jesselyn Radack, Thomas Drake, William Binney on whistleblowing and surveillance (Flash) (YouTube Video). Hamburg, Germany: Chaos Communication Congress. Event occurs at 1:03:00. Retrieved June 9, 2013. Cite error: Invalid <ref> tag; name “newsweek2” defined multiple times with different content (see the help page).
  6. Jump up^ Sanchez, Julian (July 29, 2013). “What the Ashcroft ‘Hospital Showdown’ on NSA spying was all about”. Retrieved 2013-07-29.
  7. Jump up^ Charlie Savage (2015-09-20). “George W. Bush Made Retroactive N.S.A. ‘Fix’ After Hospital Room Showdown”. New York Times.
  8. Jump up^ Nakashima, Ellen (6 September 2014). “Legal memos released on Bush-era justification for warrantless wiretapping”. Washington Post.
  9. Jump up^ Bamford, James (March 15, 2012). “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)”. Wired. Retrieved March 15, 2012.
  10. Jump up^ “NSA inspector general report on email and internet data collection under Stellar Wind”. March 9, 2009. Retrieved August 1, 2013.
  11. Jump up^ Savage, Charlie, Redactions in U.S. Memo Leave Doubts on Data Surveillance Program, The New York Times, Sunday, September 7, 2014, New York edition, page A17

External links

Executive Order 12333

From Wikipedia, the free encyclopedia

Executive Order 12333 was signed by President Ronald Reagan on December 4, 1981.

On December 4, 1981, U.S. PresidentRonald Reagan signed Executive Order 12333, an Executive Order intended to extend powers and responsibilities of U.S. intelligence agencies and direct the leaders of U.S. federal agencies to co-operate fully with CIA requests for information.[1] This executive order was entitled United States Intelligence Activities.

It was amended by Executive Order 13355: Strengthened Management of the Intelligence Community, on August 27, 2004. On July 30, 2008, President George W. Bush issued Executive Order 13470[2] amending Executive Order 12333 to strengthen the role of the DNI.[3][4]

Part 1

“Goals, Direction, Duties and Responsibilities with Respect to the National Intelligence Effort” lays out roles for various intelligence agencies, including the Departments of Defense, Energy, State, and Treasury.

Part 2

“Conduct of Intelligence Activities” provides guidelines for actions of intelligence agencies.

Collection of Information

Part 2.3 permits collection, retention and dissemination of the following types of information along with several others.

“(c) Information obtained in the course of a lawful foreign intelligence, counterintelligence, international narcotics or international terrorism investigation”[1]

“(i) Incidentally obtained information that may indicate involvement in activities that may violate federal, state, local or foreign laws”[1]

Proscription on assassination

Part 2.11 of this executive order reiterates a proscription on US intelligence agencies sponsoring or carrying out an assassination. It reads:[5]

No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.

Previously, EO 11905 (Gerald Ford) had banned political assassinations and EO 12036 (Jimmy Carter) had further banned indirect U.S. involvement in assassinations.[6] As early as 1998, this proscription against assassination was reinterpreted, and relaxed, for targets who are classified by the United States as connected to terrorism.[7][8]

Impact

Executive Order 12333 has been regarded by the American intelligence community as a fundamental document authorizing the expansion of data collection activities.[9] The document has been employed by the National Security Agency as legal authorization for its collection of unencrypted information flowing through the data centers of internet communications giants Google and Yahoo!.[9]

In July 2014 chairman David Medine and two other members of the Privacy and Civil Liberties Oversight Board, a government oversight agency, indicated a desire to review Executive Order 12333 in the near future, according to a report by journalist Spencer Ackerman of The Guardian.[9]

In July 2014, former State Department official John Tye published an editorial in The Washington Post, citing his prior access to classified material on intelligence-gathering activities under Executive Order 12333, and arguing that the order represented a significant threat to Americans’ privacy and civil liberties.[10]

See also

Footnotes

  1. ^ Jump up to:a b c Ronald Reagan, “Executive Order 12333—United States Intelligence Activities,” US Federal Register, Dec. 4, 1981.
  2. Jump up^ “Executive Order 13470”. Fas.org. Retrieved May 6, 2011.
  3. Jump up^ “Bush Orders Intelligence Overhaul”, by Associated Press, July 31, 2008
  4. Jump up^ Executive Order: Further Amendments to Executive Order 12333, United States Intelligence Activities, White House, July 31, 2008
  5. Jump up^ “Executive Orders”. Archives.gov. Retrieved May 6, 2011.
  6. Jump up^ CRS Report for Congress Assassination Ban and E.O. 12333: A Brief Summary January 4, 2002
  7. Jump up^ Walter Pincus (February 15, 1998). “Saddam Hussein’s Death Is a Goal, Says Ex-CIA Chief”. The Washington Post. p. A36. Archived from the original on December 30, 2008. Retrieved December 30, 2008.
  8. Jump up^ Barton Gellman (October 21, 2001). “CIA Weighs ‘Targeted Killing’ Missions: Administration Believes Restraints Do Not Bar Singling Out Individual Terrorists”. The Washington Post. p. A01. Archived from the original on December 30, 2008. Retrieved December 30, 2008.
  9. ^ Jump up to:a b c Spencer Ackerman, “NSA Reformers Dismayed after Privacy Board Vindicates Surveillance Dragnet: Privacy and Civil Liberties Oversight Board Endorses Agency’s So-called ‘702’ Powers, Plus Backdoor Searches of Americans’ Information”, ‘The Guardian (London), July 2, 2014.
  10. Jump up^ Farivar, Cyrus (August 20, 2014). “Meet John Tye: the kinder, gentler, and by-the-book whistleblower”. Ars Technica.

Further reading

Full text

External links

Obama Warned Trump Against Hiring Mike Flynn, Say Officials

Former President Obama warned President Donald Trump against hiring Mike Flynn as his national security adviser, three former Obama administration officials tell NBC News.

The warning, which has not been previously reported, came less than 48 hours after the November election when the two sat down for a 90-minute conversation in the Oval Office.

A senior Trump administration official acknowledged Monday that Obama raised the issue of Flynn, saying the former president made clear he was “not a fan of Michael Flynn.” Another official said Obama’s remark seemed like it was made in jest.

The revelation comes on a day that former acting Attorney General Sally Yates is expected to testify that Flynn misled the White House about his contacts with Russia’s ambassador to the United States.

NBC News Exclusive: Obama Warned Trump Against Hiring Flynn 1:36

According to all three former officials, Obama warned Trump against hiring Flynn. The Obama administration fired Flynn in 2014 from his position as head of the Defense Intelligence Agency, largely because of mismanagement and temperament issues.

NBC News Alerts: Sign up to be the first to know about breaking news

Obama’s warning pre-dated the concerns inside the government about Flynn’s contacts with the Russian ambassador, one of the officials said. Obama passed along a general caution that he believed Flynn was not suitable for such a high level post, the official added.

Two administration officials said Obama also warned Trump to stay vigilant on North Korea.

Trump named Flynn as his national security adviser. Flynn, who was conducting private conversations with the Russian ambassador regarding sanctions, was then fired three weeks into the administration for misleading Vice President Pence about those conversations.

Image: Barack Obama, Donald Trump
Obama and Trump shake hands following their meeting in the Oval Office on Nov. 10, 2016. Pablo Martinez Monsivais / AP

News of the Obama warning came as Trump sought to get ahead of a day of unpleasant disclosures about his former top foreign policy aide, taking to Twitter Monday to cast aspersions on Yates, the 27-year Justice Department prosecutor who warned the White House that then-National Security Adviser Mike Flynn had misled officials about his conversations with the Russian ambassador.

Related: White House Denies Claim That Yates’ Testimony Was Blocked

“Ask Sally Yates, under oath, if she knows how classified information got into the newspapers soon after she explained it to W.H. Counsel,” Trump tweeted, referring to Yates’ conversation with White House counsel Donald McGahn.

But Trump has left many other important questions about the Flynn affair unanswered, including: What, if anything, did he know about his national security adviser’s conversations with the Russian ambassador?

Ask Sally Yates, under oath, if she knows how classified information got into the newspapers soon after she explained it to W.H. Counsel.

Monday afternoon, Yates is scheduled to testify for the first time in public, alongside James Clapper, the former director of national intelligence, who pushed Flynn in 2014 from his job as director of the Defense Intelligence Agency. The two are due to appear before a Senate Judiciary subcommittee at 2:30 p.m.

It was more than a week after Yates raised concerns about Flynn with McGahn that the story leaked to the Washington Post, prompting a series of events that led to Flynn’s ouster from his White House job.

In a second tweet Monday morning, Trump noted that “General Flynn was given the highest security clearance by the Obama administration, but the Fake News seldom likes talking about that.”

It’s true that Flynn got his top level security clearance renewed in January 2016, but what Trump didn’t mention is that Flynn should have received a far more thorough vetting in advance of his becoming national security adviser, a job that allows access to the nation’s most closely-held secrets. What was the nature of that vetting, and did it raise any flags about Flynn’s lobbying work for Turkish interests during the campaign, or his paid appearance on behalf of Russian state media, both now under scrutiny by law enforcement agencies? The White House hasn’t said.

Related: President Trump Fires Acting AG Sally Yates

Another big question that has never been answered: Did Flynn coordinate with the president over his repeated contacts with Russian ambassador Sergey Kislyak? Those contacts raised alarms not only within the Obama administration, but within Trump’s own transition team, according to reports Friday confirmed by NBC News. There were concerns that the Trump administration was signaling Russia not to worry about the Obama administration sanctions on Russia over its election interference, which expelled Russian intelligence officers from the U.S. and blocked access to Russian diplomatic compounds here.

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Sally Yates could shed light on Trump-Russia ties, analyst says 2:13

Flynn was fired as national security adviser, White House officials said, because he told Vice President Pence he didn’t discuss those sanctions with Kislyak, despite FBI transcripts showing that he did. That is among the issues Yates raised to McGahn, according to people who have been briefed on the matter.

People familiar with her plans don’t expect her to get into much detail about her warnings regarding Flynn, largely because many of the underlying facts involve classified material.

In advance of her testimony, Republicans have been accusing her of acting politically, and noting that she was fired by Trump for refusing to enforce his travel ban. They call her a partisan Democrat.

Related: Former Acting AG Sally Yates to Testify Publicly in House Intel Probe

In response, her defenders point out that she spent much of her 27-year Justice Department career working as a line prosecutor, a non-political job. Though she was appointed to positions in both the Clinton and Obama administrations, she was widely respected on both sides of the aisle. Georgia Republican Johnny Isakson, her home state senator, was among those introducing her at her 2015 confirmation hearing to become deputy attorney general.

https://en.wikipedia.org/wiki/Sally_Yates

National security adviser Flynn discussed sanctions with Russian ambassador, despite denials, officials say

Here’s why Flynn’s phone calls with Russia’s ambassador are so interesting

National security adviser Michael Flynn allegedly spoke to Russia’s ambassador about sanctions during the presidential transition in December 2016. The Post’s Adam Entous explains why those phone calls are so interesting and how the Trump administration has responded to them. (Video: Bastien Inzaurralde/Photo: Jabin Botsford/The Washington Post)
National security adviser Michael Flynn privately discussed U.S. sanctions against Russia with that country’s ambassador to the United States during the month before President Trump took office, contrary to public assertions by Trump officials, current and former U.S. officials said.Flynn’s communications with Russian Ambassador Sergey Kislyak were interpreted by some senior U.S. officials as an inappropriate and potentially illegal signal to the Kremlin that it could expect a reprieve from sanctions that were being imposed by the Obama administration in late December to punish Russia for its alleged interference in the 2016 election.Flynn on Wednesday denied that he had discussed sanctions with Kislyak. Asked in an interview whether he had ever done so, he twice said, “No.”

On Thursday, Flynn, through his spokesman, backed away from the denial. The spokesman said Flynn “indicated that while he had no recollection of discussing sanctions, he couldn’t be certain that the topic never came up.”

Officials said this week that the FBI is continuing to examine Flynn’s communications with Kislyak. Several officials emphasized that while sanctions were discussed, they did not see evidence that Flynn had an intent to convey an explicit promise to take action after the inauguration.

Trump’s Transition: Who is Michael Flynn?

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President-elect Donald Trump named retired Lt. Gen. Michael Flynn his national security adviser on Nov. 18, but Flynn has a history of making incendiary and Islamophobic statements that have drawn criticism from his military peers. (Peter Stevenson/The Washington Post)

Flynn’s contacts with the ambassador attracted attention within the Obama administration because of the timing. U.S. intelligence agencies were then concluding that Russia had waged a cyber campaign designed in part to help elect Trump; his senior adviser on national security matters was discussing the potential consequences for Moscow, officials said.

The talks were part of a series of contacts between Flynn and Kislyak that began before the Nov. 8 election and continued during the transition, officials said. In a recent interview, Kislyak confirmed that he had communicated with Flynn by text message, by phone and in person, but declined to say whether they had discussed sanctions.

The emerging details contradict public statements by incoming senior administration officials including Mike Pence, then the vice president-elect. They acknowledged only a handful of text messages and calls exchanged between Flynn and Kislyak late last year and denied that either ever raised the subject of sanctions.

“They did not discuss anything having to do with the United States’ decision to expel diplomats or impose censure against Russia,” Pence said in an interview with CBS News last month, noting that he had spoken with Flynn about the matter. Pence also made a more sweeping assertion, saying there had been no contact between members of Trump’s team and Russia during the campaign. To suggest otherwise, he said, “is to give credence to some of these bizarre rumors that have swirled around the candidacy.”

Neither of those assertions is consistent with the fuller account of Flynn’s contacts with Kislyak provided by officials who had access to reports from U.S. intelligence and law enforcement agencies that routinely monitor the communications of Russian diplomats. Nine current and former officials, who were in senior positions at multiple agencies at the time of the calls, spoke on the condition of anonymity to discuss intelligence matters.

All of those officials said ­Flynn’s references to the election-related sanctions were explicit. Two of those officials went further, saying that Flynn urged Russia not to overreact to the penalties being imposed by President Barack Obama, making clear that the two sides would be in position to review the matter after Trump was sworn in as president.

“Kislyak was left with the impression that the sanctions would be revisited at a later time,” said a former official.

A third official put it more bluntly, saying that either Flynn had misled Pence or that Pence misspoke. An administration official stressed that Pence made his comments based on his conversation with Flynn. The sanctions in question have so far remained in place.

The nature of Flynn’s pre-inauguration message to Kislyak triggered debate among officials in the Obama administration and intelligence agencies over whether Flynn had violated a law against unauthorized citizens interfering in U.S. disputes with foreign governments, according to officials familiar with that debate. Those officials were already alarmed by what they saw as a Russian assault on the U.S. election.U.S. officials said that seeking to build such a case against Flynn would be daunting. The law against U.S. citizens interfering in foreign diplomacy, known as the Logan Act, stems from a 1799 statute that has never been prosecuted. As a result, there is no case history to help guide authorities on when to proceed or how to secure a conviction.

Officials also cited political sensitivities. Prominent Americans in and out of government are so frequently in communication with foreign officials that singling out one individual — particularly one poised for a top White House job — would invite charges of political persecution.

Former U.S. officials also said aggressive enforcement would probably discourage appropriate contact. Michael McFaul, who served as U.S. ambassador to Russia during the Obama administration, said that he was in Moscow meeting with officials in the weeks leading up to Obama’s 2008 election win.

“As a former diplomat and U.S. government official, one needs to be able to have contact with foreigners to do one’s job,” McFaul said. McFaul, a Russia scholar, said he was careful never to signal pending policy changes before Obama took office.

On Wednesday, Flynn said that he first met Kislyak in 2013 when Flynn was director of the Defense Intelligence Agency and made a trip to Moscow. Kislyak helped coordinate that trip, Flynn said.

Flynn said that he spoke to Kislyak on a range of subjects in late December, including arranging a call between Russian President Vladi­mir Putin and Trump after the inauguration and expressing his condolences after Russia’s ambassador to Turkey was assassinated. “I called to say I couldn’t believe the murder of their ambassador,” Flynn said. Asked whether there was any mention of sanctions in his communications with Kislyak, Flynn said, “No.”

Kislyak characterized his conversations with Flynn as benign during a brief interview at a conference this month. “It’s something all diplomats do,” he said.

Kislyak said that he had been in contact with Flynn since before the election, but declined to answer questions about the subjects they discussed. Kislyak is known for his assiduous cultivation of high-level officials in Washington and was seated in the front row of then-GOP candidate Trump’s first major foreign policy speech in April of last year. The ambassador would not discuss the origin of his relationship with Flynn.

In his CBS interview, Pence said that Flynn had “been in touch with diplomatic leaders, security leaders in some 30 countries. That’s exactly what the incoming national security adviser should do.”

Official concern about Flynn’s interactions with Kislyak was heightened when Putin declared on Dec. 30 that Moscow would not retaliate after the Obama administration announced a day earlier the expulsion of 35 suspected Russian spies and the forced closure of Russian-owned compounds in Maryland and New York.

Instead, Putin said he would focus on “the restoration of ­Russia-United States relations” after Obama left office, and put off considering any retaliatory measures until Moscow had a chance to evaluate Trump’s policies.

Trump responded with effusive praise for Putin. “Great move on the delay,” he said in a posting to his Twitter account. “I always knew he was very smart.”

Putin’s reaction cut against a long practice of reciprocation on diplomatic expulsions, and came after his foreign minister had vowed that there would be reprisals against the United States.

Putin’s muted response — which took White House officials by surprise — raised some officials’ suspicions that Moscow may have been promised a reprieve, and triggered a search by U.S. spy agencies for clues.

“Something happened in those 24 hours” between Obama’s announcement and Putin’s response, a former senior U.S. official said. Officials began poring over intelligence reports, intercepted communications and diplomatic cables, and saw evidence that Flynn and Kislyak had communicated by text and telephone around the time of the announcement.

Trump transition officials acknowledged those contacts weeks later after they were reported in The Washington Post but denied that sanctions were discussed. Trump press secretary Sean Spicer said Jan. 13 that Flynn had “reached out to” the Russian ambassador on Christmas Day to extend holiday greetings. On Dec. 28, as word of the Obama sanctions spread, Kislyak sent a message to Flynn requesting a call. “Flynn took that call,” Spicer said, adding that it “centered on the logistics of setting up a call with the president of Russia and [Trump] after the election.”

Other officials were categorical. “I can tell you that during his call, sanctions were not discussed whatsoever,” a senior transition official told The Post at the time. When Pence faced questions on television that weekend, he said “those conversations that happened to occur around the time that the United States took action to expel diplomats had nothing whatsoever to do with those sanctions.”

Current and former U.S. officials said that assertion was not true.

Like Trump, Flynn has shown an affinity for Russia that is at odds with the views of most of his military and intelligence peers. Flynn raised eyebrows in 2015 when he appeared in photographs seated next to Putin at a lavish party in Moscow for the Kremlin-controlled RT television network.

In an earlier interview with The Post, Flynn acknowledged that he had been paid through his speakers bureau to give a speech at the event and defended his attendance by saying he saw no distinction between RT and U.S. news channels, including CNN.

A retired U.S. Army lieutenant general, Flynn served multiple deployments to Iraq and Afghanistan in the years after the Sept. 11, 2001, attacks — tours in which he held a series of high-level intelligence assignments working with U.S. Special Operations forces hunting al-Qaeda operatives and Islamist militants.

Former colleagues said that narrow focus led Flynn to see the threat posed by Islamist groups as overwhelming other security concerns, including Russia’s renewed aggression. Instead, Flynn came to see America’s long-standing adversary as a potential ally against terrorist groups, and himself as being in a unique position to forge closer ties after traveling to Moscow in 2013 while serving as director of the Defense Intelligence Agency.

Flynn has frequently boasted that he was the first DIA director to be invited into the headquarters of Russia’s military intelligence directorate, known as the GRU, although at least one of his predecessors was granted similar access. “Flynn thought he developed some rapport with the GRU chief,” a former senior U.S. military official said.

U.S. intelligence agencies say they have tied the GRU to Russia’s theft of troves of email messages from Democratic Party computer networks and accuse Moscow of then delivering those materials to the anti-secrecy group WikiLeaks, which published them in phases during the campaign to hurt Hillary Clinton, Trump’s Democratic rival.

Flynn was pushed out of the DIA job in 2014 amid concerns about his management of the sprawling agency. He became a fierce critic of the Obama administration before joining the Trump campaign last year.

Karen DeYoung, Tom Hamburger, Julie Tate and Philip Rucker contributed to this report.

https://www.washingtonpost.com/world/national-security/national-security-adviser-flynn-discussed-sanctions-with-russian-ambassador-despite-denials-officials-say/2017/02/09/f85b29d6-ee11-11e6-b4ff-ac2cf509efe5_story.html?utm_term=.b7f5d1dd4b3f

Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

From Wikipedia, the free encyclopedia
  (Redirected from Section 702)
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
Great Seal of the United States
Long title An Act to amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes.
Nicknames FISA Amendments Act of 2008
Enacted by the 110th United States Congress
Effective July 10, 2008
Citations
Public law 110-261
Statutes at Large 122 Stat.2436
Codification
Acts amended Foreign Intelligence Surveillance Act
USA PATRIOT Act
Protect America Act of 2007
Titles amended 50 U.S.C.: War and National Defense
U.S.C. sections amended 50 U.S.C.ch. 36 § 1801 et seq.
Legislative history
Major amendments
USA Freedom Act

The FISA Amendments Act of 2008 (also called the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, H.R. 6304, enacted 2008-07-10) is an Act of Congress that amended the Foreign Intelligence Surveillance Act.[1] It has been used as the legal basis for mass surveillance programs disclosed by Edward Snowden in 2013, including PRISM.[2]

Background

Warrantless wiretapping by the National Security Agency (NSA) was revealed publicly in late 2005 by the New York Times and then reportedly discontinued in January 2007.[3] See Letter from Attorney-General Alberto Gonzales to Senators Patrick Leahy and Arlen Specter, CONG. REC. S646-S647 (Jan. 17, 2007).[4] Approximately forty lawsuits have been filed against telecommunications companies by groups and individuals alleging that the Bush administration illegally monitored their phone calls or e-mails.[5] Whistleblower evidence suggests that AT&T was complicit in the NSA’s warrantless surveillance, which could have involved the private communications of millions of Americans.[6]

The Foreign Intelligence Surveillance Act makes it illegal to intentionally engage in electronic surveillance under appearance of an official act or to disclose or use information obtained by electronic surveillance under appearance of an official act knowing that it was not authorized by statute; this is punishable with a fine of up to $10,000 or up to five years in prison, or both.[7] In addition, the Wiretap Act prohibits any person from illegally intercepting, disclosing, using, or divulging phone calls or electronic communications; this is punishable with a fine or up to five years in prison, or both.[8]

Foreign surveillance

The FISA Amendments Act also added a new Title VII to FISA which contained provisions similar, but not identical, to provisions in the Protect America Act of 2007 which had expired earlier in 2008. The new provisions in Title VII of FISA were scheduled to expire on December 31, 2012, but two days before the U.S. Senate extended the FISA Amendments Act for five years (until December 31, 2017) which renews the U.S. government’s authority to monitor electronic communications of foreigners abroad.[9]

Section 702 permits the Attorney General and the Director of National Intelligence to jointly authorize targeting of persons reasonably believed to be located outside the United States, but is limited to targeting non-U.S. persons. Once authorized, such acquisitions may last for periods of up to one year.

Under subsection 702(b) of the FISA Amendments Act, such an acquisition is also subject to several limitations. Specifically, an acquisition:

  • May not intentionally target any person known at the time of acquisition to be located in the United States;
  • May not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States;
  • May not intentionally target a U.S. person reasonably believed to be located outside the United States;
  • May not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States;
  • Must be conducted in a manner consistent with the Fourth Amendment to the United States Constitution.[10]

Section 702 authorizes foreign surveillance programs by the National Security Agency (NSA), like PRISM and some earlier data collection activities which were previously authorized under the President’s Surveillance Program from 2001.

Legislative history

Netroots opposition to the bill

A group of netrootsbloggers and Representative Ron Paul supporters joined together to form a bipartisanpolitical action committee called Accountability Now to raise money during a one-day money bomb, which, according to the Wall Street Journal, would be used to fund advertisements against Democratic and Republican lawmakers who supported the retroactive immunity of the telecommunications company.[23]

Provisions

Specifically, the Act:[24]

  • Prohibits the individual states from investigating, sanctioning of, or requiring disclosure by complicit telecoms or other persons.
  • Permits the government not to keep records of searches, and destroy existing records (it requires them to keep the records for a period of 10 years). Completed by Senator Barack Obama.
  • Grants telecommunications companies immunity for cooperation with authorities –
“Release from liability.—No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with [an order/request/directive issued by the Attorney General or the Director of National Intelligence].”[25]
  • Removes requirements for detailed descriptions of the nature of information or property targeted by the surveillance if the target is reasonably believed to be outside the country.[25]
  • Increased the time for warrantless surveillance from 48 hours to 7 days, if the FISA court is notified and receives an application, specific officials sign the emergency notification, and relates to an American located outside of the United States with probable cause they are an agent of a foreign power. After 7 days, if the court denies or does not review the application, the information obtained cannot be offered as evidence. If the United States Attorney General believes the information shows threat of death or bodily harm, they can try to offer the information as evidence in future proceedings.[26]
  • Permits the Director of National Intelligence and the Attorney General to jointly authorize warrantless electronic surveillance, for one-year periods, targeted at a foreigner who is abroad. This provision was set to sunset on December 31, 2012; however, on December 30, 2012, President Obama signed a bill to extend this provision until December 31, 2017.
  • Requires FISA court permission to target wiretaps at Americans who are overseas.
  • Requires government agencies to cease warranted surveillance of a targeted American who is abroad if said person enters the United States. (However, said surveillance may resume if it is reasonably believed that the person has left the States.)
  • Prohibits targeting a foreigner to eavesdrop on an American’s calls or e-mails without court approval.[27]
  • Allows the FISA court 30 days to review existing but expiring surveillance orders before renewing them.
  • Allows eavesdropping in emergencies without court approval, provided the government files required papers within a week.
  • Prohibits the government from invoking war powers or other authorities to supersede surveillance rules in the future.
  • Requires the Inspectors General of all intelligence agencies involved in the President’s Surveillance Program to “complete a comprehensive review” and report within one year

Effects

  • The provisions of the Act granting immunity to the complicit telecoms create a roadblock for a number of lawsuits intended to expose and thwart the alleged abuses of power and illegal activities of the federal government since and before the September 11 attacks.[citation needed]
  • Allows the government to conduct surveillance of “a U.S. person located outside of the U.S. with probable cause they are an agent of a foreign power” for up to one week (168 hours) without a warrant, increased from the previous 48 hours, as long as the FISA court is notified at the time such surveillance begins, and an application as usually required for surveillance authorization is submitted by the government to FISA within those 168 hours[26]

ACLU lawsuit

The American Civil Liberties Union (ACLU) filed a lawsuit challenging the FISA Amendments Act of 2008 on the day it was enacted. The case was filed on behalf of a broad coalition of attorneys and human rights, labor, legal, and media organizations whose ability to perform their work—which relies on confidential communications—could be compromised by the new law.[28] The complaint, captioned Amnesty et al. v McConnell and filed in the United States District Court for the Southern District of New York, argued that the eavesdropping law violated people’s rights to free speech and privacy under the First and Fourth Amendments to the Constitution.[29] The case was dismissed from the district court on the grounds that the plaintiffs could not prove their claims, but was revived in March 2011 by the United States Court of Appeals for the Second Circuit, which disagreed.[30] The subsequent citation was Amnesty v. Blair. On February 26, 2013, the U.S. Supreme Court dismissed the lawsuit, deciding that the plaintiffs did not have standing to sue.[31]

Comparisons

In an internet broadcast interview with Timothy Ferriss, Daniel Ellsberg compared the current incarnation of FISA to the East German Stasi.[32] Ellsberg stated that the powers which were currently being given to the federal government through this and other recent amendments to FISA since the September 11 attacks opened the door to abuses of power and unwarranted surveillance.

See also

https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act_of_1978_Amendments_Act_of_2008https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act_of_1978_Amendments_Act_of_2008

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