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The Pronk Pops Show 923, July 5, 2017, Story 1: Chinese Communists Need To Replace North Korean Kim Jung Eng To Stop Nuclear Proliferation Or Face Embargo On All Chinese Goods Going To North America and European Union –Neither Diplomatic Nor Military Options Are Viable — Conventional and Nuclear War Are Not Viable Options — Videos — Story 2: Microsoft’s Founder Bill Gates Finally Gets A Clue — Open Borders Mass Migration Is Not In The Interest of Neither The American People Nor The People of Europe — Bad Ideas Have Negative Consequences — What Is Bill Gates Afraid of? — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 923,  July 5, 2017

Pronk Pops Show 922,  July 3, 2017 

Pronk Pops Show 921,  June 29, 2017

Pronk Pops Show 920,  June 28, 2017

Pronk Pops Show 919,  June 27, 2017

Pronk Pops Show 918,  June 26, 2017 

Pronk Pops Show 917,  June 22, 2017

Pronk Pops Show 916,  June 21, 2017

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

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

Image result for cartoons communist china and north koreaImage result for cartoons communist china and north koreaImage result for cartoons open borders and mass migration into europeImage result for cartoons bill gates on mass migrationImage result for cartoons bill gates open borders

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 Story 1: Chinese Communists Need To Replace North Korean Kim Jung Eng To Stop Nuclear Proliferation In Asia and Middle East Or Face Embargo On All Chinese Goods Going To North America and European Union –Neither Diplomatic Nor Military Options Are Viable — Conventional and Nuclear War Are Not Viable Options — Videos —

Image result for north korea icbmImage result for north korea icbm

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Image result for u.s. trade imbalance with china 2016

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Image result for u.s. trade imbalance with china

 

U.N. Security Council holds emergency meeting after North Korea missile test

How North Korea’s ICBM test has “changed the game”

John Bolton calls for ‘sweeping’ set of sanctions on China

Dr. Sebastian Gorka talks US response to North Korea

A military attack would need to be severe to stop North Korea: Rep. Rooney

US vows to use “military force” against North Korea if needed

Heavy move: US threatens China for trading with North Korea after missile test

THE DEBATE – North Korea Missile Threat: Old problems, new solutions?

U.S. and S. Korea respond to N. Korea’s ICBM test with missiles

North Korea tests ICBM

North Korea launches first successful intercontinental ballistic missile test

  • he current population of China is 1,388,284,755 as of Wednesday, July 5, 2017, based on the latest United Nations estimates.
  • China population is equivalent to 18.47% of the total world population.
  • China ranks number 1 in the list of countries (and dependencies) by population.
  • The population density in China is 148 per Km2 (383 people per mi2).
  • The total land area is 9,390,784 Km2 (3,625,800 sq. miles)
  • 59.1 % of the population is urban (819,767,019 people in 2017)
  • The median age in China is 37.3 years.

http://www.worldometers.info/world-population/china-population/

  • The current population of the Russian Federation is 143,374,281 as of Wednesday, July 5, 2017, based on the latest United Nations estimates.
  • Russia population is equivalent to 1.91% of the total world population.
  • Russia ranks number 9 in the list of countries (and dependencies) by population.
  • The population density in Russia is 9 per Km2 (23 people per mi2).
  • The total land area is 16,299,981 Km2 (6,293,455 sq. miles)
  • 73.2 % of the population is urban (104,883,814 people in 2017)
  • The median age in Russia is 38.9 years.

http://www.worldometers.info/world-population/russia-population/

 

  • The current population of North Korea is 25,406,349 as of Wednesday, July 5, 2017, based on the latest United Nations estimates.
  • North Korea population is equivalent to 0.34% of the total world population.
  • North Korea ranks number 52 in the list of countries (and dependencies) by population.
  • The population density in North Korea is 211 per Km2 (546 people per mi2).
  • The total land area is 120,387 Km2 (46,482 sq. miles)
  • 61.2 % of the population is urban (15,557,359 people in 2017)
  • The median age in North Korea is 34.1 years.

http://www.worldometers.info/world-population/north-korea-population/

  • The current population of the Republic of Korea is 50,706,772 as of Wednesday, July 5, 2017, based on the latest United Nations estimates.
  • South Korea population is equivalent to 0.67% of the total world population.
  • South Korea ranks number 27 in the list of countries (and dependencies) by population.
  • The population density in South Korea is 522 per Km2 (1,351 people per mi2).
  • The total land area is 97,235 Km2 (37,543 sq. miles)
  • 81.9 % of the population is urban (41,511,797 people in 2017)
  • The median age in South Korea is 41.1 years.

http://www.worldometers.info/world-population/south-korea-population/

  • The current population of Japan is 126,041,849 as of Wednesday, July 5, 2017, based on the latest United Nations estimates.
  • Japan population is equivalent to 1.68% of the total world population.
  • Japan ranks number 11 in the list of countries (and dependencies) by population.
  • The population density in Japan is 346 per Km2 (896 people per mi2).
  • The total land area is 364,571 Km2 (140,761 sq. miles)
  • 94.5 % of the population is urban (119,160,931 people in 2017)
  • The median age in Japan is 46.9 years.

http://www.worldometers.info/world-population/japan-population/

  • The current population of the United States of America is 326,491,238 as of Wednesday, July 5, 2017, based on the latest United Nations estimates.
  • The United States population is equivalent to 4.34% of the total world population.
  • The U.S.A. ranks number 3 in the list of countries (and dependencies) by population.
  • The population density in the United States is 36 per Km2 (92 people per mi2).
  • The total land area is 9,155,898 Km2 (3,535,111 sq. miles)
  • 82.9 % of the population is urban (270,683,202 people in 2017)
  • The median age in the United States is 38.1 years.

http://www.worldometers.info/world-population/us-population/

 

Countries in the world by population (2017)

This list includes both countries and dependent territories. Data based on the latest United Nations Population Division estimates.
Click on the name of the country or dependency for current estimates (live population clock), historical data, and projected figures.
See also: World Population 

http://www.worldometers.info/world-population/population-by-country/

 

The world’s 10 biggest economies in 2017

Kayakers take in the last of the day's light as they paddle past a ship anchored off Cape Town, May 1, 2011. REUTERS/Mike Hutchings (SOUTH AFRICA - Tags: IMAGES OF THE DAY SOCIETY) - RTR2LVIK

The US dominates, but other economies are catching up
Image: REUTERS/Mike Hutchings

The economy of the United States is the largest in the world. At $18 trillion, it represents a quarter share of the global economy (24.3%), according to the latest World Bank figures.

Image: World Bank

China follows, with $11 trillion, or 14.8% of the world economy. Japan is in third place with an economy of $4.4 trillion, which represents almost 6% of the world economy.

European countries take the next three places on the list: Germany in fourth position, with a $3.3 trillion economy; the United Kingdom in fifth with $2.9 trillion; and France in sixth with $2.4 trillion.

India is in seventh place with $2 trillion, and Italy in eighth with an economy of over $1.8 trillion.

Ninth place goes to Brazil, with an almost $1.8 trillion economy.

And in 10th is Canada, with an economy of over $1.5 trillion.

The economy of the United States is larger than the combined economies of numbers three to 10 on the list.

 The world's biggest economies

Fastest-growing economy

The US may not dominate for much longer, however.

Although China trails the US by $7 trillion, it’s catching up. China’s economy grew by 6.7% in 2016, compared with America’s 1.6%, according to the IMF.

China has also overtaken India as the fastest-growing large economy. The IMF’s World Economic Outlook estimated China’s economy grew at 6.7% in 2016, compared with India’s 6.6%.

Brazil’s economy has contracted in the last year by 3.5%, the only one in the top 10 to do so.

The chart above shows the world’s 40 biggest economies individually, but grouped by colour into continents.

The Asian bloc clearly has a larger share than anywhere else, representing just over a third (33.84%) of global GDP. That’s compared to North America, which represents just over a quarter, at 27.95%.

Europe comes third with just over one-fifth of global GDP (21.37%).

Together, these three blocs generate more than four-fifths (83.16%) of the world’s total output.

The biggest economies in 2050

new study by PricewaterhouseCooper says that China will be in first place by 2050, because emerging economies will continue to grow faster than advanced ones.

India will rank second, the US will be third, and fourth place is expected to go to Indonesia.

The UK could be down to 10th place by 2050, while France could be out of the top 10 and Italy out of the top 20 as they are overtaken by faster-growing emerging economies such as Mexico, Turkey and Vietnam.

The report also says that the world economy could more than double in size by 2050, far outstripping population growth, due to technology-driven productivity.

 

 

 

Image result for u.s. trade imbalance with china

Image result for u.s. trade imbalance with china

Image result for u.s. trade imbalance with china

 

Demographics

North Korea South Korea
Population 24,851,627 (July 2014 est.) 49,039,986 (July 2014 est.)
Age structure 0-14 years: 21.5% (male 2,709,580/female 2,628,456)
15-24 years: 16.3% (male 2,041,861/female 1,997,413)
25-54 years: 44% (male 5,465,889/female 5,456,850)
55-64 years: 8.6% (male 1,007,667/female 1,127,455)
65 years and over: 9.7% (male 826,175/female 1,590,281) (2014 est.)
0-14 years: 14.1% (male 3,603,943/female 3,328,634)
15-24 years: 13.5% (male 3,515,271/female 3,113,257)
25-54 years: 47.3% (male 11,814,872/female 11,360,962)
55-64 years: 12.4% (male 3,012,051/female 3,081,480)
65 years and over: 12.7% (male 2,570,433/female 3,639,083) (2014 est.)
Median age total: 33.4 years
male: 31.8 years
female: 35 years (2014 est.)
total: 40.2 years
male: 38.7 years
female: 41.6 years (2014 est.)
Population growth rate 0.53% (2014 est.) 0.16% (2014 est.)
Birth rate 14.51 births/1,000 population (2014 est.) 8.26 births/1,000 population (2014 est.)
Death rate 9.18 deaths/1,000 population (2014 est.) 6.63 deaths/1,000 population (2014 est.)
Net migration rate -0.04 migrant(s)/1,000 population (2014 est.) 0 migrant(s)/1,000 population (2014 est.)
Sex ratio at birth: 1.05 male(s)/female
0-14 years: 1.03 male(s)/female
15-24 years: 1.02 male(s)/female
25-54 years: 1 male(s)/female
55-64 years: 0.94 male(s)/female
65 years and over: 0.51 male(s)/female
total population: 0.94 male(s)/female (2014 est.)
at birth: 1.07 male(s)/female
0-14 years: 1.08 male(s)/female
15-24 years: 1.13 male(s)/female
25-54 years: 1.04 male(s)/female
55-64 years: 1 male(s)/female
65 years and over: 0.69 male(s)/female
total population: 1 male(s)/female (2014 est.)
Infant mortality rate total: 24.5 deaths/1,000 live births
male: 27.18 deaths/1,000 live births
female: 21.68 deaths/1,000 live births (2014 est.)
total: 3.93 deaths/1,000 live births
male: 4.13 deaths/1,000 live births
female: 3.73 deaths/1,000 live births (2014 est.)
Life expectancy at birth total population: 69.81 years
male: 65.96 years
female: 73.86 years (2014 est.)
total population: 79.8 years
male: 76.67 years
female: 83.13 years (2014 est.)
Total fertility rate 1.98 children born/woman (2014 est.) 1.25 children born/woman (2014 est.)
HIV/AIDS – adult prevalence rate NA less than 0.1% (2009 est.)
Nationality noun: Korean(s)
adjective: Korean
noun: Korean(s)
adjective: Korean
Ethnic groups racially homogeneous; there is a small Chinese community and a few ethnic Japanese homogeneous (except for about 20,000 Chinese)
HIV/AIDS – people living with HIV/AIDS NA 9,500 (2009 est.)
Religions traditionally Buddhist and Confucianist, some Christian and syncretic Chondogyo (Religion of the Heavenly Way)
note: autonomous religious activities now almost nonexistent; government-sponsored religious groups exist to provide illusion of religious freedom
Christian 31.6% (Protestant 24%, Roman Catholic 7.6%), Buddhist 24.2%, other or unknown 0.9%, none 43.3% (2010 survey)
HIV/AIDS – deaths NA fewer than 500 (2009 est.)
Languages Korean Korean, English (widely taught in junior high and high school)
Literacy definition: age 15 and over can read and write
total population: 100%
male: 100%
female: 100% (2008 est.)
definition: age 15 and over can read and write
total population: 97.9%
male: 99.2%
female: 96.6% (2002)
Education expenditures NA 5% of GDP (2009)
Urbanization urban population: 60.3% of total population (2011)
rate of urbanization: 0.63% annual rate of change (2010-15 est.)
urban population: 83.2% of total population (2011)
rate of urbanization: 0.71% annual rate of change (2010-15 est.)
Drinking water source improved:
urban: 98.9% of population
rural: 96.9% of population
total: 98.1% of population
unimproved:
urban: 1.1% of population
rural: 3.1% of population
total: 1.9% of population (2012 est.)
improved:
urban: 99.7% of population
rural: 87.9% of population
total: 97.8% of population
unimproved:
urban: 0.3% of population
rural: 12.1% of population
total: 2.2% of population (2012 est.)
Sanitation facility access improved:
urban: 87.9% of population
rural: 72.5% of population
total: 81.8% of population
unimproved:
urban: 12.1% of population
rural: 27.5% of population
total: 18.2% of population (2012 est.)
improved:
urban: 100% of population
rural: 100% of population
total: 100% of population0% of population
0% of population
0% of population (2012 est.)
Major cities – population PYONGYANG (capital) 2.843 million (2011) SEOUL (capital) 9.736 million; Busan (Pusan) 3.372 million; Incheon (Inch’on) 2.622 million; Daegu (Taegu) 2.447 million; Daejon (Taejon) 1.538 million; Gwangju (Kwangju) 1.503 million (2011)
Maternal mortality rate 81 deaths/100,000 live births (2010) 16 deaths/100,000 live births (2010)
Physicians density 3.29 physicians/1,000 population (2003) 2.02 physicians/1,000 population (2010)
Hospital bed density 13.2 beds/1,000 population (2002) 10.3 beds/1,000 population (2009)
Obesity – adult prevalence rate 3.9% (2008) 7.7% (2008)
Contraceptive prevalence rate 68.6% (2002) 80%
note: percent of women aged 15-44 (2009)
Dependency ratios total dependency ratio: 44.9 %
youth dependency ratio: 31.1 %
elderly dependency ratio: 13.8 %
potential support ratio: 7.2 (2014 est.)
total dependency ratio: 37.1 %
youth dependency ratio: 19.9 %
elderly dependency ratio: 17.2 %
potential support ratio: 5.8 (2014 est.)

Source: CIA Factbook

http://www.indexmundi.com/factbook/compare/north-korea.south-korea/demographics

 

 

Story 2: Microsoft’s Founder Bill Gates Finally Gets A Clue — Open Borders Mass Migration Is Not In The Interest of Neither The American People Nor The People of Europe — Bad Ideas Have Negative Consequences — What Is Bill Gates Afraid of? — Videos

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Bill Gates in HUGE borders U-turn: ‘Brussels must make it HARDER for migrants to reach EU’

BILL GATES has made a massive open-borders U-turn and urged Brussels to make it more “difficult” for migrants to reach Europe.

By JOEY MILLAR

He had previously called on countries to take in more migrants but now appears to have completely reversed his view.The Microsoft chief said instead of opening the  borders, Brussels should fix the push-factors at the source by sending more foreign aid.He said: “On the one hand you want to demonstrate generosity and take in refugees, but the more generous you are, the more word gets around about this – which in turn motivates more people to leave Africa.
“[ cannot] take in the huge, massive number of people who are wanting to make their way to Europe.”He said instead the EU must make it “more difficult for Africans to reach the continent via the current transit routes” while also relieving “enormous pressure” by sending foreign aid.
The 61-year-old said it was “phenomenal” German Chancellor  is currently spending 0.7 per cent of the country’s GDP on foreign aid and urged others to follow its example.Last year Mr Gates, who is worth an estimated 60 billion pounds, called on America to open its doors to Syrian migrants.
And he said Germany and Sweden were “to be congratulated” for opening its doors during the migrant crisis.He said the USA “had the capacity” to follow suit, claiming: “The total number of refugees is not a world record.”

Bill Gates migrantsGETTY

Bill Gates called on Europe to open its borders to migrants last year

Bill Gates migrantsGETTY

Last year Bill Gates praised Germany and Sweden’s approach to the migrant crisis

Mr Gates’ warnings came days after Italian interior minister Marco Minniti held emergency talks with his French and German counterparts regarding the migrant crisis.More than 80,000 migrants have already arrived in Italy this year, a rise of nearly one-fifth on the same period last year.

 

 

Bill Gates warns that Germany’s open door policy to migrants will overwhelm Europe and urges leaders to ‘make it more difficult for Africans to reach the continent via current routes’

  • Bill Gates warned of ‘huge’ number of migrants waiting to come to Europe 
  • He said generosity of European leaders will only encourage more to come 
  • 61-year-old said Europe must make it more difficult for people to cross border
  • Instead he suggested spending more money on foreign aid to treat the problem

Bill Gates has warned that European leaders risk deepening the migrant crisis by being too generous to those arriving on the continent.

The Microsoft founder said countries such as Germany will not be able to handle the ‘huge’ numbers of migrants waiting to leave Africa and find a better life overseas.

Instead, the 61-year-old suggested spending more on foreign aid to treat the root causes of migration, while making it more difficult for people to reach the continent.

Bill Gates warned European leaders they will worsen the migrant crisis by being over-generous to those arriving on the continent, and suggested spending more on foreign aid instead

Bill Gates warned European leaders they will worsen the migrant crisis by being over-generous to those arriving on the continent, and suggested spending more on foreign aid instead

Mr Gates said countries such as Germany cannot handle the 'huge' numbers of people wanting to travel to Europe (pictured, migrants arrive in Munich)

Mr Gates said countries such as Germany cannot handle the ‘huge’ numbers of people wanting to travel to Europe (pictured, migrants arrive in Munich)

Speaking in an interview with the German Welt am Sonntag newspaper, with a translation published by Breitbart, he said: ‘On the one hand you want to demonstrate generosity and take in refugees.

‘But the more generous you are, the more word gets around about this — which in turn motivates more people to leave Africa.

‘Germany cannot possibly take in the huge number of people who are wanting to make their way to Europe.’

Mr Gates praised Chancellor Merkel’s commitment to spending 0.7 per cent of GDP on foreign aid as ‘phenomenal’, and asked other European leaders to follow suit.

But he added: ‘Europe must make it more difficult for Africans to reach the continent via the current transit routes.’

His own foundation has spent years and invested hundreds of millions of dollars to fight poverty and disease in Africa.

Mail Online contacted the foundation for comment, but had not received a response at the time of publication.

Mrs Merkel has been heavily criticised for her previous policy of open-door migration which saw 1million people arrive in Germany in a single year.

Chancellor Angela Merkel has been criticised for her previous policy of open-door migration. Italian interior minister Marco Minniti raised the prospect of closing ports to private ships helping migrants ashore earlier this week

It is thought that 82,000 migrants, largely from North Africa, have arrived in Italy since the start of the year, with 2,000 drowning in their efforts to cross

It is thought that 82,000 migrants, largely from North Africa, have arrived in Italy since the start of the year, with 2,000 drowning in their efforts to cross

Video playing bottom right…

At the time conservative European politicians warned that providing migrants with an open door into Europe would make the problem worse.

Mr Gates’ comments came as Italian interior minister Marco Minniti held emergency talks with his French and German counterparts over the migrant crisis.

Mr Minniti has threatened to close Italian ports to privately-funded vessels helping to rescue migrants from ships in the Mediterranean.

He said that other European nations must agree to shoulder some of the burden, or Italy will cut funding to those refusing to help.

An estimated 82,000 migrants have arrived in Italy so far this year, up 19 per cent on previous year, The Telegraph reports.

A German government report which leaked to the Bild newspaper suggests there could be up to 6.6million people trying to get into Europe, including 2.5million waiting to cross from North Africa.

It is thought that 2,000 people have lost their lives making the crossing since the start of the year.

Mr Gates’ comments also came after the G20 Africa Conference which took place in Berlin last month.

The summit aimed to discuss ways to improve economic growth, develop infrastructure, and strengthen private investment across the continent.

Austrian troops lock down border

Austria is sending 750 soldiers to its border with Italy in order to head off and expected influx of migrants.

The troops will join four armoured personnel carriers already stationed at the Alpine Brenner Pass to impose checks on those trying to cross.

The move comes after 82,000 migrants landed on Italian shores in the first six months of this year, and the country’s government demanded that other EU nations share the burden.

Austria is sending 750 troops to its southern border with Italy in order to head off an expected influx of migrants (pictured, riot police face off against protesters over the last time border checks were imposed)

Austria is sending 750 troops to its southern border with Italy in order to head off an expected influx of migrants (pictured, riot police face off against protesters over the last time border checks were imposed)

‘I expect border controls will be introduced very soon,’ Defence Minister Peter Doskozil said on Tuesday.

Both Italy and Austria are members of the European Union’s Schengen open-border zone, but free movement has been jeopardised by the reimposition of controls at many crossings across the bloc since the surge in migrants seen in 2015 and 2016.

There was no immediate comment from Italy or EU officials, but Doskozil’s spokesman said there was no concrete timetable for the new controls.

The spokesman added: ‘We’ll see how the situation in Italy is becoming more acute and we have to be prepared to avoid a situation comparable to summer 2015.’

Armoured vehicles were used by Austrian authorities during the migrant influx of 2015 to block roads and stem the flow, and would be used in a similar way this time around, authorities said.

Meanwhile the 750 troops would be able to descend on the region within 72 hours should the need arise.

The troops will join four armoured vehicles in the areas around Brenner Pass (pictured) and would be used to block roads and impose checks on arrivals

The troops will join four armoured vehicles in the areas around Brenner Pass (pictured) and would be used to block roads and impose checks on arrivals

http://www.dailymail.co.uk/news/article-4665198/Bill-Gates-warns-open-door-migration-overwhelm-Europe.html#ixzz4lzmvTBwo

 

Bill Gates: Europe Will Be Overwhelmed Unless It Stems Flow of Migrants

Microsoft founder Bill Gates has warned that Africa’s population explosion will overwhelm Europe unless the continent makes it more difficult for migrants to reach its shores.

The American billionaire’s comments come as European leaders discuss what to do about the surging number of Africans arriving in Italy each week, with Rome calling for other European Union (EU) nations to open their ports to docking migrants so as to ease pressure on the Mediterranean nation.

In an interview with the German Welt am Sonntag newspaper, Gates said massive population growth in Africa will result in “enormous [migratory] pressure” on Europe unless countries increase overseas development aid payments.

Praising Germany having achieved its commitment to devote 0.7 per cent of GDP to foreign aid as “phenomenal”, the 61-year-old called on “other European nations to follow its example”.

But Gates also spoke of a dilemma caused by ‘the German attitude to refugees’, referring to Chancellor Angela Merkel’s decision to open Europe’s borders to illegal migrants arriving from the third world.

“On the one hand you want to demonstrate generosity and take in refugees, but the more generous you are, the more word gets around about this  — which in turn motivates more people to leave Africa,” Gates told the Sunday newspaper.

“Germany cannot possibly take in the huge, massive number of people who are wanting to make their way to Europe.”

Because of this, Gates stressed that “Europe must make it more difficult for Africans to reach the continent via the current transit routes”.

Italy is demanding that other EU nations open their ports to migrants ferried from Libya as the country struggles to cope with having already received over 80,000 people this year.

Calling for African newcomers to be spread throughout Europe, the Mediterranean nation’s globalist centre-left government insisted that the EU migrant relocation programme  — which is largely limited to people from Eritrea and Syria  — should be expanded to include other nationalities, such as Nigerians.

UN High Commissioner for Refugees, Filippo Grandi, on Saturday decried an “unfolding tragedy” in Italy.

“Without a swift collective action, we can only expect more tragedies at sea,” he declared, noting that around 2,000 migrants have lost their lives on the sea route from Libya to Italy this year.

The Italian diplomat repeated calls for an “urgent distribution system” for incoming migrants and asylum seekers, and “additional legal pathways to admission”.

 

05 July 2017 – 05H40

Bye-bye locals: Europe’s city centres sound alarm

 © AFP / by Daniel Bosque and Michaela Cancela-Kieffer | Barcelona’s picturesque Gothic Quarter has gone from residential district to tourist magnet, as deserted buildings full of history make way for quaint hotels

BARCELONA (AFP) – Memories of the past come flooding back as Manuel Mourelo strolls through Barcelona’s picturesque Gothic Quarter: children playing, fun with the neighbours, traditional bars… But now, “all of that has disappeared.”

Hordes of tourists fill the narrow, winding alleys on guided tours, bike and Segway rides, while residents have deserted buildings full of history to make way for quaint hotels and tourist rentals — an issue that affects popular spots Europe-wide.

Last year, Mourelo himself joined the exodus out of a district he had lived in since 1962 when he came to the Spanish seaside city from Galicia in the northwest.

The flat he had been renting for 25 years was sold to an investor and he was evicted. Having paid 500 euros ($560) a month in rent, he was unable to find anything else affordable in the area.

“They were asking for 1,000, 1,200, 1,500 euros,” says the 76-year-old, his face framed by thick glasses and a bushy moustache.

“This was my village. I had it all here, my friends, my shops, I got married here, my children were born here, and I thought I would die here.

“I feel displaced,” he adds, his eyes welling up.

– ‘Emptying out’ –

According to the city hall, the fixed population in the Gothic district so loved by tourists has dropped from 27,470 residents in 2006 to just 15,624 at the end of 2015.

Now, 63 percent are “floating” residents — tourists or people in short-term lets.

At the same time, according to real-estate website Idealista, rental prices in Ciutat Vella, where the Gothic Quarter is located, have gone from 14.4 to 19 euros per square metre in just two years.

Rising rental prices, noise and crowds jostling for space in the streets and the disappearance of traditional, everyday stores have all contributed to forcing people out for economic reasons… or due to sheer frustration.

The arrival of Airbnb and other such home-renting platforms has only aggravated the problem, locals say.

“We’re not talking about gentrification, about substituting the original population by another more wealthy one,” says Gala Pin, a councillor in Ciutat Vella.

“We’re talking about the historic centre emptying out.”

For sociologist Daniel Sorando, co-author of “First We Take Manhattan,” an essay that analyses the phenomenon in various cities, the trend is towards “urban centres conceived as machines to make money while the working classes are displaced outside.”

– Paris, Amsterdam, London –

The problem also affects cities further afield.

In Paris, concerned residents of the 4th district, where Notre-Dame Cathedral is located, organised a symposium on the “invisible desertification” of city centres in March.

The city hall in the French capital said earlier this year that it had lost 20,000 housing units in five years, partly to tourist rentals.

This contributes to a “rise in prices” and a “drop in the population,” Ian Brossat, in charge of housing for Paris’ city hall, told AFP.

In Amsterdam, meanwhile, the ING bank found that owners could earn 350 euros more per month with seasonal rentals, pushing the prices up, Senne Janssen, author of the study, told AFP.

To try and remedy the situation, Paris, London and Amsterdam want to regulate the duration of rentals and register all flats and houses being used for short-term lets in order to better control them.

In Berlin, people are only allowed to rent out one room in their home since last year, and the whole flat or house if it is a secondary or occasional use pied-a-terre.

– ‘Too few to impact’ –

Barcelona, whose mayor Ada Colau is a former anti-eviction housing activist, has chosen to be even more strict.

The city hall last year imposed a 600,000-euro fine on home rental platforms Airbnb and HomeAway for marketing lodgings that lacked permits to host tourists.

But Airbnb Spain says housing problems existed before.

In Ciutat Vella, for instance, “there is three times more empty accommodation (that is not being rented out) than accommodation ads on Airbnb,” says Spain spokesman Andreu Castellano.

And research in cities like Berlin, Los Angeles, London and Barcelona into occupancy shows that “the amount of accommodation put online for purely professional use (rented out more than 120 days a year) is too low to have an impact,” Airbnb adds.

– ‘Tourism fast food’ –

Hard data on the impact of seasonal rentals on accommodation prices are few and far between, but all experts questioned by AFP said these could worsen the situation in already saturated areas.

Barcelona has been particularly hard hit by a rise in prices as investors are attracted by the profitability of a city that sees some 30 million visitors annually.

Sergi Leiva, of real-estate firm MK Premium, says half of his clients are foreigners, who are looking for a second home or a good investment.

And for those who hold on tight despite the prices, life is far from peaceful with the crowds, noise and lack of convenience stores.

“If the prices don’t throw you out, daily pressure does,” says Marti Cuso, a 27-year-old local activist in Barcelona.

Raised in the district, he is the only one among his friends to still live there.

For Socorro Perez, an expert in human geography, the outcome is “cities without residents, dead districts.”

“Cities transform into ‘clusters’ of entertainment and consumption, into tourism fast food.”

by Daniel Bosque and Michaela Cancela-Kieffer

 

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The Pronk Pops Show 915, June 20, 2017, Story 1: Will Congress Celebrate Independence Day July 4 By Passing Tax Reform And Repealing Obamacare? — Videos — Story 2: President Trump Flip Flopping On Immigration Law Enforcement By Not Terminating DACA Now! — Failing To Rollback The 30-60 Million Illegal Alien Invasion of The United States By Deporting Them All — Must Go After Employers Hiring Illegal Aliens — Videos — Story 3: More Mueller Milking The American Taxpayers Hires More Lawyers — Trump Should Fire Them All Now — Enough Is Enough — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

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

Story 1: Will Congress Celebrate Independence Day July 4 By Passing Tax Reform And Repealing Obamacare? — Videos —

Image result for trump tax reform

Image result for trump tax reformImage result for branco cartoons trump on DAPA and DACAImage result for branco cartoons trump tax reform

Image result for the fairtaxImage result for the fairtax

Story 2: President Trump Flip Flopping On Immigration Law Enforcement DACA (Dreamers) Still Exists — Failing To Rollback The 30-60 Million Illegal Alien Invasion of The United States — Must Go After Employers Hiring Illegal Aliens — Videos

Where’s That Senate Healthcare Bill? Senator John Thune Tells Us!

Will Republicans unite to pass health care and tax reform?

Ryan: ‘We’re going to cut taxes’

Treasury Secretary Steven Mnuchin On Tax Reform, Debt | CNBC

Ron Paul on Paul Ryan’s tax reform plan

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Tax reform coming this year – Paul Ryan

Trump ‘much closer’ on tax reform: Tony Sayegh

Can GOP-led Congress pass health care and tax reform?

Trump’s tax reform plan unveiled by Treasury Sec’y Steve Mnuchin, National Economic Dir. Gary Cohn

George Stephanopoulos GRILLS Treasury Secretary Steven Mnuchin on Trump’s Tax Plan

Senate tight on time to pass health care bill

Gingrich talks Trump’s plan to focus on tax reform

What is the FairTax legislation?

FAIRtax-What is It? Replaces income tax and payroll tax with sales tax

Pence on the Fair Tax

Freedom from the IRS! – FairTax Explained in Detail

FairTax: Fire Up Our Economic Engine (Official HD)

Sen. Moran Discusses FairTax Legislation on U.S. Senate Floor

Sen. Moran Speaks on Senate Floor about Finding Healthcare Solutions

Health care vote possible by July 4, McConnell tells Trump

Story highlights

  • Republicans met Tuesday to discuss health care legislation
  • Disagreements in the party have led a host of senators to declare the legislation is in trouble

Washington (CNN)The Senate may vote on health care legislation by July 4, Senate Majority Leader Mitch McConnell told President Donald Trump Tuesday afternoon at a White House meeting with congressional leaders.

McConnell said he expects the Congressional Budget Office will soon score the Senate’s version of the bill, which continues to be negotiated behind closed doors among Republicans, a source with direct knowledge of what was discussed at the meeting told CNN.
He did not set a firm deadline for the vote, but Republicans are impatient with the lack of progress and political quicksand the bill is creating and want the Senate to either act quickly on health care or move on to other business.
“We had a good, productive meeting with President Trump, Vice President Pence, and congressional leadership,” McConnell and House Speaker Paul Ryan said in a joint statement after the meeting. “The discussion focused on the continued progress of our shared legislative agenda and how we can accomplish our goals.”
After weeks of discussions about how to move forward in a small working group, Republican senators were briefed at a lunch Tuesday on what their options are to repeal and replace Obamacare and warned that the time is quickly approaching for decisions to finally be made.
“The time is now,” a Senate aide involved in discussions said. “We either go or we don’t.”
The aide said this is the natural point the chamber was bound to get to. The working group has spent several weeks tossing around ideas, but with conservatives and moderates still starkly divided on the best way to proceed, it’s time for leadership to make the call.
According to Senate aides, during the meeting leadership tried to make it clear that lawmakers need to show their cards and decide if they are going to get behind repealing Obamacare — a campaign promise that ultimately launched them to win back the majority in the House and the Senate in recent years.
“Leadership is stepping in now and making clear that this is what they all campaigned on, so they need to go now or move on,” the aide said.
Senators are clearly impatient.
Sen. Lindsey Graham, a Republican from South Carolina, asked if there would be a vote on the health care bill by July 4 said “there better be.”
“‘Cause this is not like fine wine, it doesn’t get better with age,” he added with a laugh.
“We’re at decision time,” a congressional aide close to the health care conversation said. “Decisions have to start being made in order to get the package ready.”
During their lunch Tuesday, Republicans were presented with a PowerPoint and a menu of options to overhaul Obamacare. But lawmakers emerging from the room were tight-lipped about what exactly is on the table. Key questions remain about how the GOP will phase out Medicaid expansion as well as how they will structure tax credits to help Americans purchase their health insurance under a Republican health care plan.
Sen. Dean Heller, a Republican from Nevada who is up for re-election in 2018, said he was still looking at the proposals and what he could support.
“The big print giveth. The small print taketh away. I’m waiting for the small print at this point,” Heller said.
“I’m not going to go into details. There’s been a lot of work done and we see where we go from here,” said moderate Maine Republican Sen. Susan Collins.
Sen. Rob Portman, an Ohio Republican who has been a fierce advocate of more slowly phasing out Medicaid expansion than the House’s repeal bill did, said the health care bill “needs some work still for me.”

Sticking points: Medicaid, tax credits

Most members wouldn’t get into details about what actually is on the table, but they were honest that there are still sticking points here that have to be resolved.
“They laid out the goals and then different ideas on how we achieve them and we are working on how to build consensus to get to the right mix on 50-plus votes,” said North Dakota Sen. John Hoeven.
Lawmakers remain split over what to do about Medicaid. The House bill would eliminate enhanced federal funding for Medicaid expansion in 2020 and curtail support for the program overall. Moderates like Portman have advocated to phase out funding to cover low-income adults under Medicaid expansion more gradually. Conservatives like Pennsylvania’s Pat Toomey want to shrink federal responsibility for the overall program even more that the House bill does by restructuring the growth rate for Medicaid funding.
The House plan would give states a set amount of money each year to cover their Medicaid enrollees. The funding level would increase annually based on the medical inflation rate in the Consumer Price Index, which grows more quickly than the standard inflation rate. Toomey argues that using the growth rate of medical care spending would lead to an unsustainable Medicaid program, so he advocates for tying Medicaid funding increases to the standard inflation rate instead.
Other options that are on the table include how to structure tax credits. Unlike the House’s health care repeal bill, which based the tax credits mainly on age, Senate Republicans have suggested tying them to income and even geographic location in order to make health care more affordable for low-income individuals living in areas that have expensive health care costs such as Alaska and rural America.
“There should be,” Republican Sen. Lisa Murkowski told reporters. “Alaska is an extreme outlier and part of it is just our geography, it’s our low-density population so if there is not some kind of geographic cost adjustor it makes it tough for me.”
However, adjusting the tax credits for income and geographic location would make them even more similar to Obamacare’s premium subsidies, which are tax credits based on income and cost of coverage in one’s area. Conservatives are sure to oppose this idea. Several, including Sen. Rand Paul of Kentucky, have said the House GOP tax credits already are too much like Obamacare’s subsidies.

Freedom Caucus crafting tax reform plan

05/04/2017 05:21 PM EDT

Updated 05/04/2017 08:08 PM EDT

The caucus, which roiled the Republican effort to repeal and replace Obamacare, would be parachuting in to what promises to be another pitched battle over the Republicans’ next marquee issue. Though it doesn’t have an official line yet on tax reform, members appear to be more aligned with the Trump administration than House Republican leaders on how deep tax cuts should be, if they need to be offset and whether to include a controversial import tax.

Mark Sanford, a caucus member from South Carolina, told POLITICO he is already identifying areas of disagreement with the House leaders’ tax plan. The health care bill that passed Thursday proved better for conservatives, Sanford said, so they’re aiming to have greater influence on the tax reform process from the beginning.

“Rather than react, then stop something, and then go in fits and starts forward, we can constructively engage at the front end and say this is more of what we believe,” he said. “Let’s … avoid the kind of dislocation that we saw in this particular [health care] bill about a month ago.”

The principles outlined recently by President Donald Trump pulled the Freedom Caucus off the sidelines, Mark Meadows (R-N.C.), its leader, said.

“We’re looking at President Trump’s tax reform plan to see how we can maybe put some legislative text to that to come alongside the administration,” Meadows said, “and hopefully agree more than we disagree and move what he proposed in those bullet points the other day. We’ve got guys working on that.”

“I think we’re going to try to have a lot of different ideas and hopefully we can have our input with Ways and Means,” he said, referring to the House tax-writing committee.

The group isn’t ready to roll out paper just yet.

Freedom Caucus members are awaiting a budget plan and reconciliation instructions, a budget tactic that will allow Republicans to circumvent a Democratic filibuster in the Senate, said Jim Jordan (R-Ohio), and then they’ll settle more details on a tax bill.

Already, though, there are signs that the caucus will nudge tax reform in Trump’s direction.

Trump has proposed a much lower business tax rate – 15 percent across-the-board – than House Republican leaders, and Meadows has said lower taxes are paramount. (Trump and the GOP leaders are closer on proposed rate cuts for individuals.)

Jordan would prefer that the Freedom Caucus plan not include the “border adjustment” import tax pushed by Speaker Paul Ryan and Ways and Means Chairman Kevin Brady (R-Texas). Border adjustment, which has sharply divided the business community, is a sticking point among Republicans, and Trump has been wary of the idea.

Other Freedom Caucus members have also been outspoken against border adjustment.

“A number of folks have registered grave concerns with the border adjustment tax in the way that it opens up a new revenue source for the federal government,” Sanford said.

Like Jordan, Sanford said the government needs to slash spending. Lowering overall outlays would help cover some of the cost of tax cuts, which Meadows said shouldn’t require a pay-for.

The resulting economic growth should also make up for not bringing in revenue equal to current levels, Meadows said.

“Revenue neutral is a fancy way of saying the tax burden stays the same, but you just shift around who pays what,” Jordan said. “Typically in that scenario, the connected class gets a good deal and the middle class gets a bad deal, so I’m not wedded to this revenue-neutral thing at all.”

That also aligns those caucus members with the White House. While Brady and Ryan have offered pay-fors, including the border adjustment provision, Treasury Secretary Steven Mnuchin has repeatedly said tax reform will “pay for itself” by unleashing economic growth.gns him with the White House, while Brady and Ryan have offered pay-fors.

http://www.politico.com/story/2017/05/04/freedom-caucus-tax-reform-plan-238003

Story 2: President Trump Flip Flopping On Immigration Law Enforcement By Not Terminating DACA Now! — Failing To Rollback The 30-60 Million Illegal Alien Invasion of The United States By Deporting Them All — Must Go After Employers Hiring Illegal Aliens — Videos —

Donald Trump’s Immigration Plan – Deport and then Mass Expedited Amnesty

How to solve the illegal immigration problem

Donald Trump on Immigration – Does He Favor An Amnesty?

Trump’s Touchback amnesty explained by Marc Thiessen

Rep Steve King discusses Trump’s touchback amnesty

Donald Trump is for Touchback Amnesty and not to be trusted on Illegal Immigration!

Trump Breaks MAJOR Campaign Promise By Backing DACA Amnesty Program

The Future of DACA and Dreamers still uncertain under President Trump

Marco Rubio: DACA has to End, It’s Unconstitutional

Trump just revoked an Obama amnesty program for illegal aliens

Trump Admin Rescinds DAPA Amnesty Program

125,000 ‘DACA’ Illegals Immigrants Got Work Permits Since President Trumps Inauguration!!!

Trump goes back on promise to ‘terminate’ DACA

This is what’s going on with DAPA and DACA

Trump Keeps DACA: Who Gets to Stay in the US, Who’s Left Out in the Cold

Trump’s Stance on DACA Has Immigration Hardliners Concerned

Ann Coulter: Trump better keep his promises

Trump will allow ‘DREAMers’ to remain in the US, for now

Ann Coulter Argues Eloquently Against Destroying America With Immigrants

Ann Coulter vs. media myths on immigration

Laura Ingraham – Analysis of illegal immigrants crossing the border

Published on Jun 2, 2015

How Many Illegal Aliens Are in the US? – Walsh – 1

How Many Illegal Aliens Are in the US? – Walsh – 2

Immigration by the Numbers — Off the Charts

6 Things To Know About Trump’s Reversal On ‘Dreamers’ June 16, 2017 4:38 PM ET

President Trump has reversed himself on one key campaign promise on immigration — and kept another.

The Department of Homeland Security says it will preserve, for now, an Obama administration program known as Deferred Action for Childhood Arrivals, or DACA. It’s the most explicit statement yet that the Trump administration will not seek to deport the so-called “Dreamers” who were brought to the U.S. illegally as children.

At the same time, Homeland Security Secretary John Kelly officially revoked another program that might have protected some of their parents from deportation.

Then-candidate Trump promised to get rid of both programs during last year’s campaign, saying “we will immediately terminate President Obama’s two illegal executive amnesties” during a major immigration speech in August 2016.

But his position on so-called “Dreamers” has been shifting since the election. Here’s where it stands now and what that could mean for “Dreamers” and their parents.

1. What did the Trump administration just do?

In a FAQ posted on its web site Thursday night, the Department of Homeland Security says current DACA recipients “will continue to be eligible for renewal,” and that DHS will continue to abide by “the terms of the original DACA program” as outlined by the Obama administration on June 15, 2012.

The Obama-era memo, issued five years ago this week, lays out who is eligible for DACA. It’s also what protects people who signed up for the program from deportation, and allows them to apply for work permits.

2. Does this go beyond what President Trump had said before?

Shortly after his inauguration, President Trump told ABC that DACA recipients “shouldn’t be very worried.”

“I do have a big heart. We’re going to take care of everybody,” he told ABC. “But I will tell you, we’re looking at this, the whole immigration situation, we’re looking at it with great heart.” Trump suggested that a new DACA policy would be forthcoming, but did not clarify what it was.

3. Is this a victory for immigrant rights activists?

Not exactly. It’s clearly a relief for some of the roughly 800,000 people who’ve signed up for DACA. As the fifth anniversary of the program approached, there were fears that the Trump administration might abolish it altogether.

“It is an important win for those 800,000 individuals,” says Muzna Ansari, immigration policy manager at the New York Immigration Coalition. “But in the grand scheme of things, there are 11 million undocumented immigrants living in this country, who have really been living in fear” under the Trump administration.

4. How do President Trump’s supporters feel about it?

Some are deeply disappointed. Others are willing to give the president the benefit of the doubt because his administration has been aggressively cracking down on illegal immigration across the board.

“He broke the DACA promise,” says Dan Stein, president of Federation for American Immigration Reform, which advocates for lower immigration levels. “Are we happy about it? No,” Stein said. “We think they should have allowed the work authorizations to expire. End of story, full stop.”

But Stein is taking the long view. He says the White House may want to use the DACA program as a bargaining chip in negotiations with Congressional Democrats on a broader immigration reform package.

5. What is DAPA, and how does it fit in?

DAPA is shorthand for Deferred Action for Parents of Americans and Lawful Permanent Residents. It’s another Obama-era program that would have extended protection from deportation even further. It was designed for the parents of U.S. citizens and legal residents who were themselves living in the U.S. illegally.

But it was quickly blocked by the courts, and never implemented.

DHS officially revoked DAPA on Thursday. But that was not a big surprise, since no one expected the Trump administration to defend the program in court, as the Obama administration had.

6. Is this a final decision on the future DACA?

In a word, no.

The White House and the Department of Homeland Security have been emphasizing that this is not a permanent decision, and that president could still change his mind and revoke that program, too.

But for now, the administration continues to accept new DACA applications. And DHS says that “no work permits will be terminated prior to their current expiration dates.”

http://www.npr.org/2017/06/16/533255575/trump-allows-dreamers-to-stay-removes-protections-for-parents

Trump: Illegal “Dreamers” Will Not Be Targets For Deportation

He flips. He flops.

I’m actually fine, as my expectations for Trump were basement-level, anyway. His adoring nationalists and assorted MAGA trolls might be a bit chaffed by this, however.

Then again, when you have no principles, you’ll swallow anything.

The AP featured an extensive interview with President Trump today, and he revealed his “evolving” views on foreigners who break the laws of a sovereign nation.

 Young immigrants brought to the U.S. illegally as children can “rest easy,” President Donald Trump said Friday, telling the “dreamers” they will not be targets for deportation under his immigration policies.

As a candidate, Trump strongly criticized President Barack Obama for “illegal executive amnesties,” including actions that allowed young people brought to the country illegally as children to be spared from deportation. But after the election, Trump started speaking more favorably about these immigrants, popularly dubbed “dreamers.”

On Friday, he said that when it comes to them, “This is a case of heart.”

Wait. What changed?

Jim Jamitis

He won, so no need to play the role. Got it.

This is actually a dramatic departure from Trump’s campaign rhetoric. He was going to deport, then build a great wall.

Of course, over time, it began to take on more nuance.

It would be a big, beautiful wall, with a big beautiful door.

Then, maybe deals could be made on a case-by-case basis.

As for the wall, the price tag is growing and we still don’t know who is paying for it. We know Mexico won’t.

The president, who took a hard line on immigration as a candidate, vowed anew to fulfill his promise to construct a wall along the U.S.-Mexico border. But he stopped short of demanding that funding for the project be included in a spending bill Congress must pass by the end of next week in order to keep the government running.

“I want the border wall. My base definitely wants the border wall,” Trump said in the Oval Office interview. Asked whether he would sign legislation that does not include money for the project, he said, “I just don’t know yet.”

He really needs to stop talking about a wall and focus more on the strategic fencing, boots on the ground, and drones flying along the border to monitor activity.

That, at least sounds like a workable plan, and would likely cost quite a bit less than the unworkable wall he’s promising.

http://www.redstate.com/sweetie15/2017/04/21/trump-illegal-dreamers-will-not-targets-deportation/

WASHINGTON — President Trump will not immediately eliminate protections for the so-called Dreamers, undocumented immigrants who came to the United States as small children, according to new memorandums issued by the administration on Thursday night.

But White House officials said on Friday morning that Mr. Trump had not made a decision about the long-term fate of the program and might yet follow through on a campaign pledge to take away work permits from the immigrants or deport them.

The Department of Homeland Security announced that it would continue the Obama-era program intended to protect those immigrants from deportation and provide them with work permits so they can find legal employment.

A fact sheet posted on the department’s website says that immigrants enrolled in the 2012 program, known as Deferred Action for Childhood Arrivals, “will continue to be eligible” to renew every two years, and notes that “no work permits will be terminated prior to their current expiration dates.”

A news release from the department said flatly that “the June 15, 2012, memorandum that created the Deferred Action for Childhood Arrivals (DACA) program will remain in effect.”

But officials at the White House and the Department of Homeland Security said on Friday morning that those statements were intended only to clarify that immigrants enrolled in the DACA program would not immediately be affected by a separate action officially ending a similar program for undocumented immigrants whose children are citizens or legal permanent residents.

“There has been no final determination made about the DACA program, which the president has stressed needs to be handled with compassion and with heart,” said Jonathan Hoffman, the assistant secretary for public affairs at the department. He added that John F. Kelly, the secretary of Homeland Security, “has noted that Congress is the only entity that can provide a long-term solution to this issue.”

Immigration rights activists, who have fiercely battled Mr. Trump’s travel ban and increased enforcement of other immigration laws, initially hailed the announcement, calling it a surprising turn of events from Mr. Trump.

“This is a big victory for Dreamers amid months of draconian and meanspirited immigration enforcement policy,” said David Leopold, an immigration lawyer. “The preservation of DACA is a tribute to the strength of the Dreamer movement.”

But after the White House clarified its intent, activists expressed regret. Mr. Leopold said in a second statement that “it’s no surprise that Trump would quickly walk back the preservation of DACA.” He added that the administration was trying to “cynically pit 800,000 Dreamers against the rest of the 11 million undocumented immigrants.”

Cecilia Muñoz, who led President Barack Obama’s domestic policy council and oversaw immigration policy for the White House, said, “It is unfortunate that their status is still temporary, and their peace of mind not complete.”

A decision to maintain the DACA program would be a reversal from Mr. Trump’s anti-immigrant language during the campaign and would disappoint some of the president’s most ardent supporters, who view the program started by Mr. Obama as an illegal grant of amnesty.

During the campaign, Mr. Trump repeatedly agreed with that sentiment. At one rally last summer, Mr. Trump vowed to “immediately terminate” the program, saying that Mr. Obama had “defied federal law and the Constitution.”

But once in office, Mr. Trump faced a new reality: the political risks of targeting for deportation a group of people who are viewed sympathetically by many Americans. In some cases, the immigrants did not know they were in the country illegally. Many attended American schools from the time they were in kindergarten.

Asked repeatedly about his intentions for the program since he took office, the president has hinted that he would not try to deport the Dreamers. But immigration activists had remained worried that the administration might still eliminate the program.

On Friday, young immigrants who have gained legal status through the program were eager for clarity.

“My initial reaction was, ‘Well, what’s the catch?’” said Carlos Robles-Shanahan, 27, a business consultant in Chicago who is waiting for his deferred action status to be renewed. “It felt like it sounds too good to be true. If they gave us that, what did they take away?”

Born in Mexico, Mr. Robles-Shanahan and his two siblings followed their parents to the Chicago area in 2004, when they were children. He and his brother were arrested and detained by immigration officials while traveling to Boston by train in 2010, but were given a temporary reprieve from deportation. Joining the deferred action program two years later, he said, allowed him to obtain financial aid from his college, teach for a year through a fellowship, earn a master’s degree in public policy, get a white-collar job and buy a house for his mother.

“DACA changed a ton of stuff for me and my brother, exponentially,” he said. “It was like a switch.”

Mr. Robles-Shanahan recently married a United States citizen and has begun the process of applying for a green card, but fears that his ability to work and live in the country will be jeopardized if his deferred action status is not renewed.

Confirmation that the Trump administration planned to preserve the program would have given young immigrants some certainty that they could apply for deferred action or renew their status, said Rigo Rivera, 27, who crossed the Mexican border when he was 9 to join his parents in Alpharetta, Ga. Many have been afraid to apply for fear of putting their information in the hands of federal authorities.

“With Trump, we can expect anything. Tomorrow he can say that he wants to deport us,” he said. “I don’t know what to make of this, or what to believe.”

Mr. Rivera, a prep worker in a restaurant kitchen who also leads a group of young undocumented activists, received protected status in 2013, allowing him to obtain a driver’s license, a Social Security number and permission to work legally.

But he said he worried that he and other young immigrants in the program would not be protected from deportation even if Mr. Trump does not formally end DACA, because of several recent episodes in which people like him have been detained despite their participation in the program.

The announcement that the DACA program will continue for the time being, a decision that affects about 800,000 people in the United States, came as the administration formally ended Mr. Obama’s attempt to expand it to also cover the parents of Dreamers.

In 2015, Mr. Obama proposed an expansion of the program, called Deferred Action for Parents of Americans, which could have shielded as many as five million people from deportation and provided work permits to them as well.

That program was never put in place because a Texas court blocked it at the request of a coalition of 26 state attorneys general. The Supreme Court deadlocked, 4 to 4, on a challenge to that ruling, but the decision by the Trump administration officially ends the litigation.

Correction: June 17, 2017
An earlier version of this article, using information from a Department of Homeland Security news release and a separate fact sheet, referred incorrectly to the status of the Obama-era immigration program known as Deferred Action for Childhood Arrivals. The program is continuing for now; President Trump has not decided to keep it permanently, according to a clarification released by the administration. The headline repeated the error.
https://www.nytimes.com/2017/06/16/us/politics/trump-will-allow-dreamers-to-stay-in-us-reversing-campaign-promise.html

Deferred Action for Childhood Arrivals

From Wikipedia, the free encyclopedia

Deferred Action for Childhood Arrivals (DACA) is an Americanimmigration policy founded by the Obama administration in June 2012. DACA allows certain illegal aliens who entered the country as minors, to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit.

The policy was created after acknowledgment that these illegal students had been largely raised in the United States, and was seen as a way to remove immigration enforcement attention from “low priority” individuals with good behavior.[1] The illegal alien student population was rapidly increasing; approximately 65,000 illegal alien students graduate from U.S. high schools on a yearly basis.[2]

From the start, the Pew Research Center estimated that up to 1.7 million people might be eligible.[3] As of June 2016, U.S. Citizenship and Immigration Services (USCIS) had received 844,931 initial applications for DACA status, of which 741,546 (88%) were approved, 60,269 (7%) were denied, and 43,121 (5%) were pending. Over half of those accepted reside in California and Texas.[4]

In November 2014, U.S. President Barack Obama attempted to expand DACA.[5] However, in December 2014, Texas and 25 other states, all with Republican governors, sued in the District Court for the Southern District of Texas asking the court to enjoin implementation of both the DACA expansion and Deferred Action for Parents of Americans (a similar program).[6][7][8] In February 2015, Judge Andrew S. Hanen issued a preliminary injunction blocking the expansion from going into effect while the case, Texas v. United States, proceeds.[9][10] After progressing through the court system, an equally divided (4-4) Supreme Court left the injunction in place, without setting any precedent.[11]

On February 14, 2017 a CNN report on the detention of 23-year-old Daniel Ramirez Medina in Northwest Detention Center,[12]Tacoma, Washington following his arrest in his father’s Des Moines, Washington home, observed that “The case raises questions about what it could mean” for the 750,000 Dreamers, who had “received permission to stay under DACA.”[12][13]

On March 7, 2017 the Los Angeles Times[14] reported that 22-year-old Daniela Vargas of Jackson, Mississippi became the second DACA recipient to be detained by the Trump Administration, further raising speculation about President Trump’s commitment to Dreamers and questioning whether immigrants who speak out against the administration’s policies should fear retaliation [1].

Vargas was released from LaSalle Detention Center on March 10, 2017 [2] and Ramirez Medina’s release followed on March 29, 2017 [3]. However, questions remain regarding the future of DACA recipients due to the Trump administration’s initial plans [4].

On June 16, 2017, the United States Department of Homeland Security announced that it would rescind the executive order by the Barack Obama administration that expanded the DACA program, though the DACA program’s overall existence would continue to be reviewed.[15][16]

History

President Barack Obama announced the policy with a speech in the Rose Garden of the White House on 15 June 2012,[17] a date chosen as the 30th anniversary of Plyler v. Doe, a Supreme Court decision barring public schools from charging illegal alien children tuition. Republican Party leaders denounced the program as an abuse of executive power.[18]

USCIS began accepting applications for the program on 15 August 2012.[3]

Republican response

Nearly all Republicans in the House of Representatives (along with three Democrats) voted 224-201 to defund DACA in June 2013.[19] Lead author of the amendment Rep. Steve King (R-Iowa) stated, “The point here is…the President does not have the authority to waive immigration law, nor does he have the authority to create it out of thin air, and he’s done both with these Morton memos in this respect.”[20] However, in practice Congress does not have the ability to defund DACA since the program is almost entirely funded by its own application fees rather than congressional appropriations.[21]

Although politicians are divided on immigration issues related to DACA, former presidential candidate Mitt Romney stated that he would honor the grants of deferred action approved under DACA until a more permanent legislation was put into place.[22]

Under the presidency of Donald Trump, DACA has been under scrutiny, also in view of Trump’s earlier announcement during his candidacy that he intended to end that program.[23][24]

Implementation

DACA was formally initiated by a policy memorandum sent from Secretary of Homeland SecurityJanet Napolitano to the heads of U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE). The memo formally directed them to exercise their enforcement discretion on behalf of individuals who met the requirements.[25]

To apply for DACA, illegal aliens must pay a $495 application fee, submit several, and produce documents showing they meet the requirements. They do not need legal representation.

Eligibility

To be eligible, illegal aliens must have entered the United States before their 16th birthday and prior to June 2007, be currently in school, a high school graduate or be honorably discharged from the military, be under the age of 31 as of June 15, 2012, and not have been convicted of a felony, significant misdemeanor or three other misdemeanors, or otherwise pose a threat to national security. The program does not provide lawful status or a path to citizenship,[26] nor does it provide eligibility for federal welfare or student aid.[27]

In August 2012, the Migration Policy Institute estimated that as many as 1.76 million people could be eligible for DACA. Of those, 28% were under 15 and would have to wait until reaching that age to apply. In addition, roughly 20% did not meet any of the education criteria, but could become eligible by enrolling in a program before submitting their application. 74% of the eligible population was born in Mexico or Central America. Smaller proportions came from Caribbean and South America (11%), Asia (9%), and the rest of the world (6%).[28]

To qualify for DACA, applicants must meet the following major requirements, although meeting them does not guarantee approval:[26]

  • Came to the United States before their 16th birthday
  • Have lived continuously in the United States since 15 June 2007
  • Were under age 31 on 15 June 2012 (i.e., born on 16 June 1981 or after)
  • Were physically present in the United States on 15 June 2012, and at the time of making their request for consideration of deferred action with USCIS
  • Had no lawful status on 15 June 2012
  • Have completed high school or a GED, have been honorably discharged from the armed forces, or are enrolled in school
  • Have not been convicted of a felony or serious misdemeanors, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety

To show proof of qualification (verify these requirements), applicants must submit three forms; I-821D, Consideration of Deferred Action for Childhood Arrivals; I-765, Application for Employment Authorization; and I-765WS, Worksheet, as well as supporting documentation.[26]

Travel eligibility

In addition to the $495 application fee, if a DACA qualifying illegal alien wants to travel abroad there is an additional fee and application requirement.

Form I-131 Application Type D, with a fee of $575 needs to be submitted to USCIS.[29]

To receive advance parole one must travel abroad for the sole purpose of an educational, employment, or humanitarian purposes. This must be indicating on the Form I-131 as described below:

  • Educational purposes, such as studying abroad;
  • Employment purposes, such as overseas positions, interviews, training, or meetings with clients; or
  • Humanitarian purposes, such as travel for medical reasons, attend funeral services for a family member, or visit a sick relative.

Travel for leisure is not a valid purpose.[29]

Renewals

USCIS released the process for DACA renewals in June 2014 and directed applicants to file their documents during a 30-day window starting 150 days before the expiration of their previous DACA status. Renewing requires an additional $495 fee.[30]

As of June 2016, there had been 606,264 renewal cases, with 526,288 approved, 4,703 denied and 75,205 renewals pending.[4]

Expansion

In November 2014, U.S. President Barack Obama announced changes to DACA which would expand it to include illegal aliens who entered the country prior to 2010, eliminate the requirement that applicants be younger than 31 years old, and lengthen the renewable deferral period to two years. The Pew Research Center estimated that this would increase the number of eligible people by about 330,000.[31]

However, in December 2014, Texas and 25 other states, all with Republican governors, sued in the District Court for the Southern District of Texas asking the court to enjoin implementation of both the DACA expansion and Deferred Action for Parents of Americans (a similar program).[32][33][34] In February 2015, Judge Andrew S. Hanen issued a preliminary injunction blocking the expansion from going into effect while the case, Texas v. United States, proceeds.[35][36] After progressing through the court system, an equally divided (4-4) Supreme Court left the injunction in place, without setting any precedent.[11]

The court’s temporary injunction does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the guidelines established in 2012.[26]

Impact

A 2016 study found that DACA increased labor force participation and decreased the unemployment rate for DACA-eligible immigrants. DACA also increased the income of illegal aliens in the bottom of the income distribution. However, DACA had no significant effects on the likelihood of attending school. Using these estimates, DACA moved 50,000 to 75,000 unauthorized immigrants into employment.[27]

State responses]

State-level government officials are also divided on the issue. Although state governments cannot affect DACA itself, they can control the state benefits available to individuals under deferred action.

California

To assist those eligible under the program,[37] the state of California has agreed to support those who receive a DACA grant by allowing access to a state driver’s license,[38] provided that such individuals participate in specific state guidelines (such as paying income taxes). The state of California also allows DACA holding individuals to qualify for Medi-Cal.[39]

Arizona

Arizona became the first state to oppose President Obama’s order for DACA when Governor Jan Brewer issued a counter-order that prevents those with deferred status from receiving any state benefits.[40] This caused controversy,[41] as eligible and approved applicants would still be unable to obtain a driver’s license.[42] In May 2013, a federal district court held that this policy was likely unconstitutional. In 2014, the Ninth Circuit Court of Appeals issued a preliminary injunction against Brewer’s ban, and in November 2014 held this ban was in violation of the law.[43]

Maryland

Former Baltimore Mayor Stephanie Rawlings-Blake chose to open the city’s doors to undocumented immigrants to boost its dwindling population. The city boasts an executive order prohibiting officials from questioning an individual’s immigration status, especially about Maryland’s Dream Act, which grants in-state tuition rates to “any student who graduates from a Maryland high school and comes from a family who has paid taxes. If the individual is a male he must also complete his Selective Service form and prove his acceptance.”[44]

Illinois

In a New York Times interview, Chicago Mayor Rahm Emanuel stated that he wants to make Chicago the “most immigrant-friendly city in the country”. In addition to offering in-state tuition for illegal aliens, he has also made plans for an ordinance that would prevent illegal aliens with no criminal background from being turned over to immigration enforcement agencies.[45]

Texas

Although in-state tuition is still offered, Governor Rick Perry announced his opposition to DACA by distributing a letter to all state agencies, meant “to ensure that all Texas agencies understand that Secretary Napolitano’s guidelines confer absolutely no legal status whatsoever to any illegal alien who qualifies for the federal ‘deferred action’ designation.”[46]

Nebraska

Governor Dave Heineman, also joined in the opposition against DACA, confirming that the state, will continue its practice of not issuing driver’s licenses, welfare benefits, or other public benefits to illegal immigrants” regardless of deferred status. Since then, however, Nebraska legislature has made it legal for these people to acquire driver’s licenses.[47]

Michigan

In October 2012, the Michigan Secretary of State, Ruth Johnson, announced that Michigan will not issue drivers licenses or state identification of any kind to beneficiaries of Deferred Action for Childhood Arrivals.[48] In making this decision, it was clear that the Secretary of State erroneously conflated the notion of “lawful presence,” which is required under Michigan Law to issue a driver’s license, and “lawful status,” a different legal concept entirely.[49]USCIS has made it clear that DACA beneficiaries do not possess legal status, but does not state that DACA beneficiaries are unlawfully present; in fact, it states that DACA beneficiaries will not accrue unlawful presence time here while they are in this deferred action status.[50] The Secretary of State relied upon USCIS’ own explanation, which discusses legal status, not lawful presence.[50] In response to this policy, the ACLU filed a lawsuit against Johnson, alleging that the policy violated both Michigan law and the U.S. Constitution.[51] On January 18, 2013, USCIS updated their “Frequently Asked Questions” page about DACA, clarifying, among other things, that DACA beneficiaries are, in fact, lawfully present in the United States.[52] On 1 February 2013, Johnson reversed her policy and began issuing drivers licenses to DACA beneficiaries on February 19, 2013.[53]

North Carolina

North Carolina briefly suspended giving out driver’s licenses to DACA grantees while waiting for the state attorney general’s opinion. The attorney general decided that even without formal immigration status the DACA grantees were to be granted legal presence. After that, the state once again continued to give out drivers licenses and allowed the DACA grantees to become legal members of North Carolina.[54]

Virginia

On April 29, 2014, Virginia Attorney GeneralMark Herring sent a letter to the director of the State Council of Higher Education for Virginia (SCHEV), the presidents of Virginia public colleges and universities, and the chancellor of the Virginia Community College System, in response to inquiries from public institutions of higher education on whether DACA students are eligible for in-state tuition. The attorney general advised these institutions that under Virginia law, DACA students who meet Virginia’s domicile requirements are eligible for in-state tuition.[55][56]

See also

References

Story 3: More Mueller Milking The American Taxpayers — Trump Should Fire Them All Now — Enough Is Enough — Videos

War of Words on Special Counsel Mueller Hires 13 Lawyers.

Out of Control Investigations. Alan Dershowitz!

Mueller, Witness Flipper, and More on Hidden Obama Documents! Judge Nap!

Jay Sekulow: It’s a Witch Hunt – The Deep State

Trey Gowdy Questions Fmr Sec of DHS Jeh Johnson!

The Latest from Trey Gowdy! Some About Loretta Lynch and James Comey!

JAY SEKULOW FULL EXPLOSIVE INTERVIEW ON STATE OF THE UNION WITH JAKE TAPPER (6/18/2017)

Lou Dobbs & Legal Expert Delineate The Number Of Crimes Comey & Mueller Have Already Committed

Robert Mueller named special counsel for FBI Russia probe – USA News

Jay Sekulow on The Laura Ingraham Show (6 /16/ 2017)

Mueller’s Empire: Legions of Lawyers, Bottomless Budget, Limitless Jurisdiction

By Andrew C. McCarthy| June 21, 2017

So I’ve been wondering: Why on earth does a prosecutor, brought in to investigate a case in which there is no apparent crime, need a staff of 14 lawyers?

Or, I should say, “14 lawyers and counting.” According to the press spokesman for special counsel Robert Mueller—yeah, he’s got a press spokesman, too—there are “several more in the pipeline.”

Concededly, none of Mueller’s recruits requires Senate confirmation, as do Justice Department officials—notwithstanding that the former may end up playing a far more consequential role in the fate of the Trump administration. But does it seem strange to anyone else that, by comparison, the president of the United States has managed to get—count ’em—three appointees confirmed to Justice Department positions in five months?

A special counsel, the need for whom is far from obvious, has in just a few days staffed up with four times the number of lawyers. And all for a single investigation that the FBI has described as a counterintelligence probe—i.e., not a criminal investigation, the kind for which you actually need lawyers.

The way this is supposed to work is: the Justice Department first identifies a likely crime, and then assigns a prosecutor to investigate it. Here, by contrast, there are no parameters imposed on the special counsel’s jurisdiction. Mueller is loosed—with 14 lawyers and more coming—to conduct what I’ve called a “fishing expedition.”

Oh, and about those three Justice Department appointees: One of them, Attorney General Jeff Sessions, has already recused himself from the investigation in question—the department’s most high profile undertaking. Another, Deputy Attorney General Rod Rosenstein, is reportedly weighing whether he, too, should bow out. Perhaps he figures he has already done quite enough, having sicced a special-counsel investigation on the Trump Administration by flouting both the regulation that requires a basis for a criminal investigation before a special counsel is appointed, and the regulation that requires limiting the special counsel’s jurisdiction to the specific factual matter that triggers this criminal investigation.

For now, Mueller appears utterly without limits, in his writ and in his resources. As the ease with which he has staffed up shows, it is not hard to recruit lawyers. All you need is money. Mueller has a bottomless budget, thanks to a bit of Treasury Department chicanery known as “permanent, indefinite appropriations.”

Under the Constitution’s Appropriations Clause, no funding is supposed to be paid out of the treasury unless Congress has approved it in advance. Under the Framers’ design, with an eye toward limited, accountable government, every spending initiative must compete with every other one when Congress enacts a budget. Lawmakers must decide what we can and can’t afford when they draw on what is supposed to be the finite pot of money confiscated from taxpayers. We are supposed to know what we are underwriting and what it will cost.

These lawyers, overwhelmingly, are Democrats. Powerline’s Paul Mirengoff and the Daily Caller’s Chuck Ross have been tracking it: Mueller’s staffers contribute to Trump’s political opponents, some heavily.

Mueller’s special counsel investigation is somehow under no such restrictions, according to the Justice Department. He unilaterally decides how much staffing he needs. And unlike a normal prosecutor’s office, the special counsel does not have to apportion his resources over hundreds of cases. He can direct all of them at one investigative target.

In this instance, the target is Trump, and the resources—apart from what will be scores of FBI agents—include 14 lawyers (going on 15 … going on 16…).

These lawyers, overwhelmingly, are Democrats. Powerline’s Paul Mirengoff and the Daily Caller’s Chuck Ross have been tracking it: Mueller’s staffers contribute to Trump’s political opponents, some heavily. The latest Democratic talking-point about this unseemly appearance is that hiring regulations forbid an inquiry into an applicant’s political affiliation. That’s laughable. These are lawyers Mueller has recruited. They are not “applicants.” We’re talking about top-shelf legal talent, accomplished professionals who have jumped at the chance of a gig they do not need but, clearly, want.

The Democrats’ other rationalization is that Mueller, whose integrity is well established, is ultimately responsible for all prosecutorial decisions. I agree that Mueller’s personal probity entitles him to a presumption of ethical propriety. But a presumption is not a blank check.

Unlike many conservative commentators, I’ve contended that too much has been made of Mueller’s close personal friendship and longstanding professional ties to former FBI director James Comey. In drawing that conclusion, I have relied on Rosenstein’s description of the investigation assigned to Mueller. He said it is the same investigation Comey described in March 20 congressional testimony. That investigation is a counterintelligence probe—which is why I’ve never understood the need for a prosecutor. Since such investigations are not intended to build criminal cases, there seemed little prospect that Comey could become a critical prosecution witness. I reasoned that, in the unlikely event criminal charges became a possibility, Mueller could be trusted to consider the ethics of his participation.

Now, however, if reports are to be believed, Mueller is weighing whether the president is guilty of an obstruction crime. Putting aside my assessment that there would be no legal merit to such an allegation, there could be no doubting Comey’s importance as a witness in such a case. Mueller would then have to consider an ethical dilemma that the National District Attorneys Association, in its National Prosecution Standards (third edition), has described in the section on conflicts of interest (Standard 1-3.3, at p. 7):

The prosecutor should excuse himself or herself from any investigation, prosecution, or other matter where personal interests of the prosecutor would cause a fair-minded, objective observer to conclude that the prosecutor’s neutrality, judgment, or ability to administer the law in an objective manner may be compromised.

Notice that, consistent with the familiar ethical canon that lawyers must avoid even the appearance of impropriety, the standard here is based not on the lawyer’s personal rectitude or his subjective belief that he can administer the law impartially. The issue is: What would this look like to fair-minded observers?

Consequently, if this boundless investigation careens into a criminal prosecution, Mueller could have some major soul-searching to do. I thus confess to being taken aback that he has exacerbated the problem, rather than trying to mitigate it, with his staffing decisions. Into an investigation that was already fraught with political tension, the special counsel has recruited partisans—donors to politicians who describe themselves not as a loyal opposition but as the Trump “Resistance.” What are fair-minded people to make of that?

Not just one or two recruits, but 14 lawyers, with more to come.

Some personal perspective, if you’ll allow me. I had the good fortune to be a prosecutor in two of the better known criminal cases in modern American history. The Pizza Connection case, which I believe remains our longest federal criminal trial, involved a vast narcotics and money-laundering enterprise, overseen for well over a decade by the mafia in Sicily and the United States. The years-long investigation required gathering evidence on three continents, coordinating with a parallel, massive Italian prosecution, and ultimately indicting 36 mafiosi. The subsequent 17-month trial of 22 defendants, starting in late 1985, featured hundreds of witnesses and more than 2,400 wiretap conversations (translated into English from Italian). I was the junior member of a five-prosecutor team, which many of our peers found to be excessive despite the prosecution’s success.

Consequently, if this boundless investigation careens into a criminal prosecution, Mueller could have some major soul-searching to do. I thus confess to being taken aback that he has exacerbated the problem, rather than trying to mitigate it, with his staffing decisions.

I was the lead government lawyer in the terrorism investigation of the so-called Blind Sheikh’s jihadist cell, following the 1993 World Trade Center bombing and an unsuccessful plot to bomb New York City landmarks. The case involved extensive undercover investigations. We also probed the history of overseas jihadist movements, as well as that of covert American aid to the Afghan mujahideen’s war against the Red Army. There were classified-information challenges, including litigation over the admissibility in a criminal trial of evidence obtained under foreign-intelligence-gathering authorities. The eventual nine-month trial of 12 defendants, involved hundreds of witnesses and intercepted conversations (translated into English from Arabic).

We managed to get by with a team of three trial prosecutors and one appellate lawyer assigned to help us with the many novel legal issues. After all the defendants were convicted, I wrote the government’s appellate brief with the assistance of a single appellate editor. Not much staff, but the convictions and sentences were nevertheless upheld.

Why does special counsel Mueller need 14 lawyers (and more coming) for a counterintelligence investigation, as to which the intelligence professionals—agents, not lawyers—have found no “collusion with Russia” evidence after over a year of hard work? What will those lawyers be doing with no limits on their jurisdiction, with nothing but all the time and funding they need to examine one target, Donald Trump?

About the Author:

Andrew C. McCarthy
Andrew C. McCarthy is a former chief assistant U.S. attorney best known for successfully prosecuting the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for waging a terrorist war against the United States – a war that included the 1993 World Trade Center bombing and a subsequent plot to bomb New York City landmarks. He is a recipient of the Justice Department’s highest honors, helped supervise the command-post near Ground Zero in lower Manhattan following the 9/11 attacks, and later served as an adviser to the Deputy Secretary of Defense. His several popular books include the New York Times bestsellers Willful Blindness: A Memoir of the Jihad and The Grand Jihad: How Islam and the Left Sabotage America. He is a senior fellow at National Review Institute and a contributing editor at National Review. He is a frequent guest commentator on national security, law, politics, and culture in national media, and his columns and essays also appear regularly in The New Criterion, PJ Media, and other major publications.

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The Pronk Pops Show 908, June 9, 2017, Story 1: Cover His Assets Comey Leaked Documents To Friend Who Leaked Them To Press — Crime of Mishandling Government Documents with Confession and Evidence — “I Could Be Wrong.” — Trump Winner and Big Lie Media and Lying Lunatic Left Losers — President Trump: No Investigation, No Collusion, No Obstruction, No Evidence — Videos — Story 2: Will Prime Minister May Remain Prime Minister? Yes, But Not For Very Long — Videos — Story 3: President Trump On New Infrastructure and Regulation — Videos

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Image result for cartoons jame comey is a leaker

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Story 1: Cover His Assets Comey Leaked Documents To Friend Who Leaked Them To Press — Crime of Mishandling Government Documents with Confession and Evidence — Videos —

The lasting impact of Comey’s testimony

Comey’s leaked memos spark fierce legal debate

Eboni’s Docket: Was James Comey’s leak a crime?

Trump hits back at James Comey’s claims

LAURA INGRAHAM FULL ONE-ON-ONE EXPLOSIVE INTERVIEW WITH SEAN HANNITY (6/8/2017)

Alan Dershowitz Weighs in on James Comey Testimony. Very Interesting!

Alan Dershowitz Says Trump Cannot Be Guilty of Obstruction While Exercizing His Constitutional Autho

Is Trump’s “Obstruction of Justice” Enough For Impeachment?

Do Donald Trump’s Action Amount To Obstruction Of Justice? #POTUS #Justice

Klayman Discusses Comey Testimony and His Obstruction of Justice

Leftist Host Chris Matthews Admits Russia Collusion Narrative Destroyed

Tucker: The truth about what we learned from Comey hearing

Tucker Carlson Interviews Krauthammer on Comey Testimony

Bob Schieffer on “extraordinary” Comey testimony

Bob Woodward says Comey reputation “enhanced” by testimony

Retired Adm. McRaven on Comey testimony, Navy SEAL lessons

Rush Limbaugh gives his opinion about James Comey hearing on Trump-Russia probe (06-08-2017)

Mark Levin Show 06-08-2017 James Comey testifies before Senate Intelligence Committee

Ben Shapiro gives his opinion about James Comey hearing on Trump-Russia probe (06-08-2017)

Will media admit they were ‘dead wrong’ about Russia?

Sen. Graham on Comey statement: Pretty good day for Trump

Sen. Lankford speaks out about Comey’s opening remarks

COMEY ADMITS LEAKING MEMO Through Columbia Law Prof Friend 6/8/2017

Senator Cotton Questions James Comey

Rubio Corners Comey and LAYS REST to Trump-Russia Question

Senator Burr Questions James Comey

Senator Cornyn Questions James Comey

Sen. McCain’s questioning confuses Comey

The fallout from Comey releasing his prepared remarks

FULL: Trump’s Lawyer Marc Kasowitz Press Conference – Responds to James Comey Hearing (FNN)

PRESIDENT TRUMP: The Democrats Are Now Exposed, “James Comey Is A Leaker”

Full hearing: James Comey testifies to Senate intel committee regarding Russia-Trump

James Comey Hearing on Trump/Russia: Opening Remarks and Questioning

FBI Director James Comey EMOTIONAL Opening Statement in Testimony at Senate Hearing 6/8/2017

Sen. Risch to Comey: Trump’s exact words didn’t direct or order you to let go of Flynn probe

WATCH LIVE: James Comey Testifies on President Trump & Russia Investigation at Senate Hearing

Trump Attorney Responds To Testimony By James Comey

Comey: Trump Did Not Ask To Stop Russia Investigation

COMEY HEARING: COMEY FINALLY ANSWERS – “Do You Believe Donald Trump Colluded With Russia?”

Comey: “I was so stunned by the conversation that I just took it in”

COMEY HEARING: On CLINTON EMAILS – “Brutally Unfair” To Call For Special Counsel. “No Case There!”

Marco Rubio Crushes Democrat Media ‘Collusion’ Narrative at Comey Hearing

James Comey Admits Loretta Lynch Tried To Cover Up Hillary Clinton Investigation

James Comey Admits He Leaked Trump Memo To Reporters

FULL TESTIMONY: Former FBI Director James Comey testifies before Senate Intelligence Committee

Many news stories about Russia probe are dead wrong, Comey tells Sen. Lankford

Rubio questions former FBI Director James Comey

Comey ‘never initiated a communication with the president,’ he tells Sen. King

Comey to Sen. Cornyn: FBI agents have duty to report crime

Sen. Harris asks Comey if it was appropriate for Sessions to be involved in firing after recusal

Heinrich Questions Former FBI Director James Comey In Senate Intel Committee Hearing

Comey: ‘I’m A Little Confused Senator’

Former FBI director James Comey full testimony on Donald Trump at Senate hearing

Comey’s testimony makes things better for Trump: Fmr. DOJ official

Judge Napolitano: Comey statement a lot of parsing of words

 

The ‘Independent’ Mr. Comey

His prepared testimony shows why he deserved to be fired.

The desk in the Hart Senate Office Building from which former FBI director James Comey will testify, June 7.

The desk in the Hart Senate Office Building from which former FBI director James Comey will testify, June 7. PHOTO: AGENCE FRANCE-PRESSE/GETTY IMAGES

The Senate Intelligence Committee released James Comey’s prepared testimony a day early on Wednesday, and it looks like a test of whether Washington can apprehend reality except as another Watergate. Perhaps the defrocked FBI director has a bombshell still to drop. But far from documenting an abuse of power by President Trump, his prepared statement reveals Mr. Comey’s misunderstanding of law enforcement in a democracy.

Mr. Comey’s seven-page narrative recounts his nine encounters with the President-elect and then President, including an appearance at Trump Tower, a one-on-one White House dinner and phone calls. He describes how he briefed Mr. Trump on the Russia counterintelligence investigation and what he calls multiple attempts to “create some sort of patronage relationship.”

But at worst Mr. Comey’s account of Mr. Trump reveals a willful and naive narcissist who believes he can charm or subtly intimidate the FBI director but has no idea how Washington works. This is not new information.

When you’re dining alone in the Green Room with an operator like Mr. Comey—calculating, self-protective, one of the more skilled political knife-fighters of modern times—there are better approaches than asserting “I need loyalty, I expect loyalty.” Of course the righteous director was going to “memorialize” (his word) these conversations as political insurance.

Mr. Trump’s ham-handed demand for loyalty doesn’t seem to extend beyond the events of 2016, however. In Mr. Comey’s telling, the President is preoccupied with getting credit for the election results and resentful that the political class is delegitimizing his victory with “the cloud” of Russian interference when he believes he did nothing wrong.

Mr. Comey also confirms that on at least three occasions he told Mr. Trump that he was not a personal target of the Russia probe. But Mr. Comey wouldn’t make a public statement to the same effect, “most importantly because it would create a duty to correct” if Mr. Trump were implicated. This is odd because the real obligation is to keep quiet until an investigation is complete.

More interesting is that Mr. Trump’s frustration at Mr. Comey’s refusal raises the possibility that the source of Mr. Trump’s self-destructive behavior isn’t a coverup or a bid to obstruct the investigation. The source could simply be Mr. Trump’s wounded pride.

The most troubling part of Mr. Comey’s statement is his belief in what he calls “the FBI’s traditionally independent status in the executive branch,” which he invokes more than once. Independent? This is a false and dangerous view of law enforcement in the American system.

Mr. Comey is describing an FBI director who essentially answers to no one. But the police powers of the government are awesome and often abused, and the only way to prevent or correct abuses is to report to elected officials who are accountable to voters. A director must resist intervention to obstruct an investigation, but he and the agency must be politically accountable or risk becoming the FBI of J. Edgar Hoover.

Mr. Comey says Mr. Trump strongly suggested in February that he close the Michael Flynn file, but after conferring with his “FBI senior leadership” he decided not to relay the conversation to Attorney General Jeff Sessions or any other Justice Department superior. If he thought he was being unduly pressured he had a legal obligation to report, and in our view to resign, but he says he didn’t because “we expected” that Mr. Sessions would recuse himself from Russia involvement.

Well, how did he know? Mr. Sessions didn’t recuse himself until two weeks later. Mr. Comey also didn’t tell the acting Deputy AG, who at the time was a U.S. attorney whom Mr. Comey dismisses as someone “who would also not be long in the role.”

This remarkable presumptuousness is the Comey mindset that was on display last year. He broke Justice Department protocol to absolve Hillary Clinton’s mishandling of classified material, without the involvement of Justice prosecutors or even telling then Attorney General Loretta Lynch. Mr. Comey’s disregard for the chain of legal command is why Mr. Trump was right to fire him, whatever his reasons.

Also on Wednesday two leaders of the intelligence community told the Senate Wednesday that they had not been pressured to cover up anything. “I have never been pressured—I have never felt pressured—to intervene or interfere in any way with shaping intelligence in a political way or in relation to an ongoing investigation,” said Director of National Intelligence Dan Coats. National Security Agency Director Mike Rogers added that he never been asked “to do anything I believe to be illegal, immoral, unethical or inappropriate.”

Meanwhile, Mr. Trump announced that he is nominating respected Justice Department veteran Christopher Wray as the next FBI director. Let’s hope Mr. Wray has a better understanding of the FBI’s role under the Constitution than Mr. Comey does.

Appeared in the June 8, 2017, print edition.

https://www.wsj.com/articles/the-independent-mr-comey-1496878266

Comey: ‘Lordy, I Hope There are Tapes’
AP

COMEY SAYS HE WAS FIRED BECAUSE OF RUSSIA INVESTIGATION


AP Photo
AP Photo/Andrew Harnik

WASHINGTON (AP) — Former FBI Director James Comey asserted Thursday that President Donald Trump fired him to interfere with his investigation of Russia’s role in the 2016 election and its ties to the Trump campaign.

“It’s my judgment that I was fired because of the Russia investigation,” Comey told the Senate intelligence committee in explosive testimony that threatened to undermine Trump’s presidency.

“I was fired in some way to change, or the endeavor was to change, the way the Russia investigation was being conducted,” Comey testified under oath. “That is a very big deal, and not just because it involves me.”

Comey also accused the Trump administration of spreading “lies, plain and simple” about him and the FBI in the aftermath of his abrupt firing last month, declaring that the administration then “chose to defame me and, more importantly, the FBI” by claiming the bureau was in disorder under his leadership. And in testimony that exposed deep distrust between the president and the veteran lawman, Comey described intense discomfort about their one-on-one conversations, saying he decided he immediately needed to document the discussions in memos.

“I was honestly concerned that he might lie about the nature of our meeting, so I thought it really important to document,” Comey said. “I knew there might come a day when I might need a record of what happened not only to defend myself but to protect the FBI.”

The revelations came as Comey delivered his much anticipated first public telling of his relationship with Trump, speaking at a packed Senate intelligence committee hearing that brought Washington and parts of the country to a standstill as all eyes were glued to screens showing the testimony. The former director immediately dove into the heart of the fraught political controversy around his firing and whether Trump interfered in the bureau’s Russia investigation, as he elaborated on written testimony delivered Wednesday. In that testimony he had already disclosed that Trump demanded his “loyalty” and directly pushed him to “lift the cloud” of investigation by declaring publicly the president was not the target of the FBI probe into his campaign’s Russia ties.

Comey said that he declined to do so in large part because of the “duty to correct” that would be created if that situation changed. Comey also said in his written testimony that Trump, in a strange private encounter near the grandfather clock in the Oval Office, pushed him to end his investigation into former National Security Adviser Michael Flynn.

Democratic Sen. Joe Manchin of West Virginia asked Comey the key question: “Do you believe this rises to obstruction of justice?”

“I don’t know. That’s Bob Mueller’s job to sort that out,” Comey responded, referring to the newly appointed special counsel who has taken over the Justice Department’s Russia investigation.

In a startling disclosure, Comey revealed that after his firing he actually tried to spur the special counsel’s appointment by giving one of his memos about Trump to a friend of his to release to the press.

“My judgment was I need to get that out into the public square,” Comey said.

Trump’s private attorney, Marc Kasowitz, seized on Comey’s affirmation that he told Trump he was not personally under investigation. Though Comey said he interpreted Trump’s comments as a directive to shut down the Flynn investigation, Kasowitz also maintained in his written statement that Comey’s testimony showed that the president “never, in form or substance, directed or suggested that Mr. Comey stop investigating anyone, including suggesting that that Mr. Comey ‘let Flynn go.'”

The Republican National Committee and other White House allies worked feverishly to lessen any damage from the hearing, trying to undermine Comey’s credibility by issuing press releases and even ads pointing to a past instance where the FBI had had to clean up the director’s testimony to Congress. Republicans and Trump’s own lawyer seized on Comey’s confirmation, in his written testimony, of Trump’s claim that Comey had told him three times the president was not directly under investigation.

Trump himself was expected to dispute Comey’s claims that the president demanded loyalty and asked the FBI director to drop the investigation into Flynn, according to a person close to the president’s legal team who demanded anonymity because of not being authorized to discuss legal strategy. The president has not yet publicly denied the specifics of Comey’s accounts but has broadly challenged his credibility, tweeting last month Comey “better hope there are no ‘tapes'” of the conversations.

“Lordy, I hope there are tapes,” Comey remarked at one point Thursday, suggesting such evidence would back up his account over any claims from the president.

Democratic Sen. Dianne Feinstein of California asked the question that many Republicans have raised in the weeks since Comey’s firing as one media leak followed another revealing Comey’s claims about Trump’s inappropriate interactions with him.

Discussing the Oval Office meeting where Comey says Trump asked him to back off Flynn, Feinstein asked: “Why didn’t you stop and say, ‘Mr. President, this is wrong,’?”

“That’s a great question,” Comey said. “Maybe if I were stronger I would have. I was so stunned by the conversation I just took it in.”

The hearing unfolded amid intense political interest, and within a remarkable political context as Comey delivered detrimental testimony about the president who fired him, a president who won election only after Comey damaged his opponent, Hillary Clinton, in the final days of the campaign. Clinton has blamed her defeat on Comey’s Oct. 28 announcement that he was re-opening the investigation of her email practices. “If the election were on Oct. 27, I would be your president,” Clinton said last month.

Thursday’s hearing included discussion of that email investigation, as Comey disclosed that then-Attorney General Loretta Lynch instructed him to refer to the issue as a “matter,” not an “investigation.”

“That concerned me because that language tracked how the campaign was talking about the FBI’s work and that’s concerning,” Comey said. “We had an investigation open at the time so that gave me a queasy feeling.”

Many Democrats still blame Comey for Clinton’s loss, leading Trump to apparently believe they would applaud him for firing Comey last month. The opposite was the case as the firing created an enormous political firestorm that has stalled Trump’s legislative agenda on Capitol Hill and taken over Washington.

Under questioning Thursday, Comey strongly asserted the intelligence community’s conclusion that Russia did indeed meddle in the 2016 election.

“There should be no fuzz on this. The Russians interfered,” Comey stated firmly. “That happened. It’s about as unfake as you can possibly get.”

Trump has begrudgingly accepted the U.S. intelligence assessment that Russia interfered with the election. But he has also suggested he doesn’t believe it, saying Russia is a “ruse” and calling the investigation into the matter a “witch hunt.”


http://hosted.ap.org/dynamic/stories/U/US_COMEY?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2017-06-08-12-37-50

Former FBI Director James Comey’s planned testimony to the Senate Intelligence Committee on Thursday will provide President Trump’s opponents with plenty of opportunities to attack his conduct, while also giving his supporters the context they need to defend his actions.The seven-page opening statement Comey provided to the committee this week sheds new light on a series of private conversations and meetings between the president and the former FBI director that had previously been described only through anonymous leaks to the press.However, the statement contained few new revelations, and GOP allies — including the Republican National Committee quickly seized on the document to argue Trump had done nothing wrong.Here are seven takeaways from Comey’s opening statement, which he is slated to deliver before the Senate Intelligence Committee on Thursday morning.Comey really did tell Trump he was not under investigation three times.In his letter last month asking Comey to resign, Trump thanked the former FBI director for telling him, on three occasions, that he was not personally the subject of an FBI probe.On Jan. 6, according to Comey’s statement, the former FBI director sought permission from the bureau’s “leadership team” to inform the president-elect that he was not under investigation.

“That was true; we did not have an open counter-intelligence case on him,” Comey wrote. He noted the team concluded that he should indeed tell Trump he was not under investigation “if circumstances warranted” during a “sensitive” conversation at Trump Tower about an unverified dossier of salacious allegations against the president-elect.

“During our one-on-one meeting at Trump Tower, based on President-elect Trump’s reaction to the briefing and without him directly asking the question, I offered that assurance,” Comey wrote.

Then, during a Jan. 27 dinner at the White House, Comey cautioned Trump against calling publicly for an investigation of the salacious dossier by warning him that doing so “might create a narrative that we were investigating him personally, which we weren’t.”

Finally, during a March 30 phone call, Comey again told the president he was not the subject of an investigation.

“I explained that we had briefed the leadership of Congress on exactly which individuals we were investigating and that we had told those congressional leaders that we were not personally investigating President Trump. I reminded him I had previously told him that,” Comey noted.

The former FBI director noted, however, that counter-intelligence investigations and criminal investigations differ in their scope and methods.

Comey had far more contact with Trump than with Obama.

The former FBI director noted that he decided to document his conversations with Trump shortly after their first meeting on Jan. 6 at Trump Tower.

“Creating written records immediately after one-on-one conversations with Mr. Trump was my practice from that point forward,” Comey wrote in the statement. “This had not been my practice in the past.”

Comey said he had spoken with former President Obama alone just two times throughout his presidency, and said he did not feel compelled to take notes about either encounter.

“I can recall nine one-on-one conversations with President Trump in four months – three in person and six on the phone,” Comey wrote.

Comey did not perceive any interference on the Russia front.

After a Feb. 14 conversation with Trump in the Oval Office, Comey said he felt uncomfortable with comments the president made about his former national security adviser, Gen. Mike Flynn.

Trump asked Comey to “let this go,” referring to an investigation into whether Flynn made misleading statements to FBI agents about his conversations with the Russian ambassador, Comey said.

But the former FBI director clarified that he did not believe the president was asking him to abandon the bureau’s probe of Russian meddling in the presidential race.

“I did not understand the president to be talking about the broader investigation into Russia or possible links to his campaign,” Comey noted.

Comey never told Sessions about his concerns.

The former FBI director defended his decision not to alert the attorney general to his concerns in February about Trump by arguing that he did not expect Attorney General Jeff Sessions or the acting deputy attorney general beneath him to remain involved in the Russia investigation for much longer.

“We concluded it made little sense to report it to Attorney General Sessions, who we expected would likely recuse himself from involvement in Russia-related investigations. (He did so two weeks later.),” Comey noted.

However, Sessions did not recuse himself until his campaign-era contact with the Russian ambassador surfaced in news reports.

Trump told Comey “it would be good” to find out whether his associates “did something wrong.”

Rather than press Comey to close an investigation of his more distant associates, Trump told the former FBI director he would prefer to learn whether any had committed a crime.

“The president went on to say that if there were some ‘satellite’ associates of his who did something wrong, it would be good to find that out, but that he hadn’t done anything wrong and hoped I would find a way to get it out that we weren’t investigating him,” Comey wrote in his opening statement.

Several of Trump’s former campaign advisers — such as Carter Page, Roger Stone and Paul Manafort — have come under scrutiny for their activities during the presidential race. All three were dismissed from the campaign long before Trump won the White House in November 2016.

Yet one former campaign hand, Flynn, joined Trump in the administration and has since emerged as a top target of investigative focus. And the president did suggest Comey end his efforts to probe Flynn, although the former FBI director suggested the request fell short of obstruction.

Comey does not describe nearly half of his interactions with Trump.

Although the former FBI director claims he interacted one-on-one with Trump on nine separate occasions, his opening statement describes only five of those conversations.

Comey described all three in-person encounters in the statement he provided to the Senate. However, he described just two of the six phone calls he says he had with Trump between Jan. 6 and April 11, the day Comey said he last spoke with the president.

Comey feared Trump wanted a “patronage relationship.”

Comey said Trump’s unexpected move to host him for a private dinner at the White House on Jan. 27 “was, at least in part, an effort to have me ask for my job and create some sort of patronage relationship.”

The former FBI director based that assessment on “[m]y instincts.”

Comey went on to describe an “awkward” moment that occurred when the president described his desire for “loyalty.”

“[T]he president said, ‘I need loyalty, I expect loyalty.’ I didn’t move, speak, or change my facial expression in any way during the awkward silence that followed. We simply looked at each other in silence. The conversation then moved on, but he returned to the subject near the end of our dinner,” Comey noted.

http://www.washingtonexaminer.com/7-takeaways-from-comeys-opening-statement/article/2625257

Obstruction of justice

From Wikipedia, the free encyclopedia

The crime of obstruction of justice, in United States jurisdictions, refers to the crime of obstructing prosecutors or other (usually government) officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice.

Legal overview

Generally, obstruction charges are laid when it is discovered that a person questioned in an investigation, other than a suspect, has lied to the investigating officers. However, in most common law jurisdictions, the right to remain silent can be used to allow any person questioned by police merely to deny answering questions posed by an investigator without giving any reason for doing so. (In such a case, the investigators may subpoena the witness to give testimony under oath in court, though the witness may then exercise their rights, for example in the Fifth Amendment, if they believe their answer may serve to incriminate themselves.) If the person willfully and knowingly tried to protect a suspect (such as by providing a false alibi) or to hide from investigation of their own activities (such as to hide their involvement in another crime), this may leave them liable to prosecution. Obstruction charges can also be laid if a person alters, destroys, or conceals physical evidence.[1]Obstruction charges may also be laid in unique situations such as refusal to aid a police officer, escape through voluntary action of an officer and refusing to assist prison officers in arresting escaped convicts.

Obstruction can include crimes committed by judges, prosecutors, attorneys general, and elected officials in general. It is misfeasance, malfeasance or nonfeasance in the conduct of the office. Most commonly it is prosecuted as a crime for perjury by a non governmental official primarily because of prosecutorial discretion.

Notable examples

  • Richard Nixon was being investigated for obstruction of justice for his alleged role in the cover-up of the break-in at the Watergate hotel during his re-election campaign in 1972. Although it is unknown whether Nixon had foreknowledge of his re-election committee’s “dirty tricks” campaign against Democratic presidential candidates that led to the break-in, he was aware of it after the fact and paid money to keep the participants quiet.
  • Former Vice-Presidential adviser I. Lewis “Scooter” Libby was convicted of obstruction of justice in March 2007 for his role in the investigation of a leak to reporters that named a CIA agent, Valerie Plame. His prison sentence was commuted by President George W. Bush in July 2007, so that Libby was no longer required to serve a two and a half year prison sentence, but was still required to pay a $250,000 fine, be recorded as a convicted felon, obey probation terms, and be disbarred.
  • Conrad Black was convicted of obstruction of justice in July 2007[2] for removing 13 boxes containing financial records from his office in Toronto after they had been sealed by a court order, returning the boxes a few days later.
  • Barry Bonds was convicted of obstruction of justice on April 13, 2011 for his testimony in front of the grand jury during the BALCO steroid scandal.[3] The conviction was later overturned by an appellate court.[4]
  • In United States v. Binion, malingering (feigning illness) during a competency evaluation was held to be obstruction of justice and led to an enhanced sentence.[5]

Obstruction trends

“Anticipatory obstruction of justice” has recently appeared on the horizon in cases such as US v. Wolff.[6] However, the operative section, 1519, passed in 2002, has thus far languished in quasi-obscurity. Titled “Destruction, Alteration or Falsification of Records in Federal Investigations and Bankruptcy,” the provision was passed under Section 802 of the Sarbanes-Oxley Act of 2002.

The text of the statute is relatively straightforward:

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsified, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under Title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

Aside from Section 1519’s 20-year maximum prison sentence (no small benefit to the government in big-dollar fraud loss cases such as Wolff), its primary appeal is that it uniquely removes certain key proof burdens from prosecutors’ collective shoulders.

Prosecutors charging violations of Section 1519 must still establish both of the following:

  • The accused knowingly directed the obstructive act to affect an issue or matter within the jurisdiction of any U.S. department or agency.
  • The accused acted at least “in relation to” or “in contemplation’” of such issue or matter.

Not on the list, however, is the requirement that prosecutors demonstrate to the finder of fact which specific “pending proceeding” the accused attempted to obstruct. That is a significant benefit to the government.[7]

See also

Footnotes

External links

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

Story 2: How Long Will Prime Minister May Remain Prime Minister? — Videos

 

Image result for 2017 uk election resultsImage result for prime minister thereas may visit to queen of england form government june 9, 2017Image result for prime minister thereas may visit to queen of england form government june 9, 2017Image result for prime minister car of united kingdomImage result for 9 june 2017 prime minister may of united kingdom car visiting buckham palace

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TABLE-British election results: PM May falls short of majority

LONDON, June 9 (Reuters) – Prime Minister Theresa May faced calls to quit on Friday after her election gamble to win a stronger mandate backfired as she lost her parliamentary majority, throwing British politics into turmoil and potentially disrupting Brexit negotiations. Below is a running total for how many seats each party holds. May is unable to get the 326 seats her Conservative party needs for an outright majority. She would need nine more seats, with only two more seats left to declare Party Seats so far Conservative 317 Labour 261 Lib Dems 12 SNP 35 Greens 1 UKIP 0 DUP 10 Other 12 Unreported 2 (Reporting by Alistair Smout and Georgina Prodhan; editing by Guy Faulconbridge)

http://www.dailymail.co.uk/wires/reuters/article-4586860/TABLE-British-election-results-seats-far-party.html#ixzz4jY3jgxZV

 

Humbled Theresa May says losing Tory candidates ‘didn’t deserve it’ but vows to be PM for five more years with support of the DUP… but do her rivals have other ideas?

  • Prime Minister Theresa May has lost seats in the general election in a stunning reversal of her hopes
  • Ashen faced Mrs May vows to stay on despite hammering insisting she can provide ‘certainty’ for the country
  • Mrs May said her government will keep Britain safe by cracking down on terrorism in the recent attacks
  • Serious questions remain over how terrorists behind the atrocities slipped through the net on her watch 
  • She has struck a deal with the 10 MPs from the DUP and is going to see the Queen to ask to form government 
  • But Tories are already breaking ranks to make clear that Mrs May must consider her position after the result
  • Mrs May is expected to reshuffle her cabinet this evening in an attempt to keep a grip on power
  • Labour leader Jeremy Corbyn has demanded that Mrs May ‘go’ and make way for government led by him
  • With just one seat left to count, Conservatives are down from 330 to 318, and Labour up from 232 to 262
  • Ministers including Jane Ellison and Ben Gummer have been ousted in a surge by Mr Corbyn’s party 
  • The US woke to the news of a Tory humiliation and President Donald Trump said the result was ‘surprising’ 
  • Fully 23 hours after polls closed across UK, Kensington was claimed by Labour to draw a line under the results 

Theresa May has finally apologised to the Tory MPs who lost their seats overnight but refused to say if her election disaster had weakened her hand in Brexit negotiations

Theresa May has finally apologised to the Tory MPs who lost their seats overnight but refused to say if her election disaster had weakened her hand in Brexit negotiations

A humbled Theresa May has finally apologised to defeated Tory MPs and pledged to stay for five more years – but is now too ‘weak’ to sack rivals including Philip Hammond and Boris Johnson, it was revealed today.

The Prime Minister’s political career is hanging by a thread after she promised to offer ‘certainty’ for Britain as PM – despite the Tories suffering humiliating losses when her election gamble backfired.

She will now rely on the support of the Democratic Unionist Party (DUP) in Northern Ireland to prop her up when she had hoped for a landslide victory.

Mrs May has said Chancellor Philip Hammond, Foreign Secretary Boris Johnson, Home Secretary Amber Rudd, Brexit Secretary David Davis and Defence Secretary Sir Michael Fallon – five favourites to replace her as leader – will keep their jobs.

The Chancellor and Foreign Minister could have been ‘goners’ but she is now ‘too weak to sack them’, a source said, while another expert suggested she has has been ‘taken prisoner’ by her Cabinet colleagues.

Earlier Mrs May stood in Downing Street and declared her determination to carry on for a full five-year term after getting permission from the Queen to form a government, even though she spectacularly lost her Commons majority overnight.

Incredibly she failed to mention that she had humiliatingly lost seats to Labour after calling the election three years early in a bid to capitalise on sky-high poll ratings.

Around two hours later she appeared on TV again and apologised to defeated Tory MPs after she was accused ‘lacking humility’.

Mrs May acknowledged that she had called an election three years early hoping for a ‘large’ majority, adding: ‘That was not the result that we secured’.

She said: ‘As I reflect on the result, I will reflect on what we need to do in the future to take the party forward.

‘I am sorry for those candidates and hard-working party workers who weren’t successful but also particularly sorry for those colleagues who were MPs or ministers who had contributed so much to our country and who lost their seats and didn’t deserve to lose their seats.’

Mrs May today refused to say if her election disaster has killed off Britain’s chances of a good deal to leave the EU – with former Chancellor George Osborne saying: ‘Hard Brexit went in the rubbish bin last night’.

Senior MPs such as Sarah Wollaston, Anna Soubry and Nicky Morgan have openly called for Mrs May to step aside – with the latter suggesting she should go within ‘weeks or months’ because her credibility is shot.

One senior Tory MP told ITV News: ‘We all f***ing hate her. But there is nothing we can do. She has totally f***ed us’.

Mrs May declared her determination to carry on in Downing Street after going to see the Queen to request permission to form a government – even though she has lost her Commons majority

The PM was flanked by husband Philip on the steps of No10 as she delivered her statement after seeing the Queen today

The PM was flanked by husband Philip on the steps of No10 as she delivered her statement after seeing the Queen today

Mrs May was welcomed back into Downing Street by staff after the Queen gave her permission to form a new government

Mrs May was welcomed back into Downing Street by staff after the Queen gave her permission to form a new government

But the Tory leader looked slightly awkward being clapped by No10 staff after her poor showing in the general election

But the Tory leader looked slightly awkward being clapped by No10 staff after her poor showing in the general election

ELECTION 2017 RESULTS

UK results

Show
previous

SeatsVotes

650 of 650 seats declared 326 seats needed for majority
Con Theresa May (48.92%)
318
8short
Prev. held: 331
Lab Jeremy Corbyn (40.31%)
262
64short
Prev. held: 232
SNP Angus Robertson (5.38%)
35
291short
Prev. held: 56
Lib Dem Tim Farron (1.85%)
12
314short
Prev. held: 8
DUP Arlene Foster (1.54%)
10
316short
Prev. held: 8
Green Caroline Lucas (0.15%)
1
325short
Prev. held: 1
UKIP Paul Nuttall
0
Prev. held: 1
Lab vs. ConTurnout: 32,196,224 (68.73%)

http://www.dailymail.co.uk/news/article-4586042/Stunning-exit-poll-suggests-Theresa-LOST-seats.html#ixzz4jYp3DZSs

 

Story 3: President Trump On New Infrastructure and Regulation — Videos

“In this present crisis, government is not the solution to our problem; government is the problem.”

~President Ronald Reagan

January 20, 1981: From Reagan’s Inaugural Address.

“Prosperity is the best protector of principle.”

~ Mark Twain

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The Pronk Pops Show 907, June 8, 2017, Story 1: Former FBI Director James Comey Answers Some Senator Questions And President Trump’s Lawyer Responds To Comey Testimony — Videos — Story 2: Prime Minister May Expected To Win Reelection But Could Lose Majority With A Hung Parliament — Videos

Posted on June 8, 2017. Filed under: American History, Banking System, Blogroll, Breaking News, Budgetary Policy, College, Communications, Countries, Culture, Donald J. Trump, Economics, Education, Empires, Employment, Fiscal Policy, Freedom of Speech, Government Spending, History, James Comey, Language, Law, News, People, President Barack Obama, President Trump, Raymond Thomas Pronk, Security, Tax Policy, Terror, Terrorism, United States of America, Videos, Violence, War, Weather, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Image result for senate committee questions former fbi director james comey june 8, 2017

Image result for senate committee questions former fbi director james comey june 8, 2017

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Story 1: Former FBI Director James Comey Answers Some Senator Questions And President Trump’s Lawyer Responds To Comey Testimony — Videos —

 

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The ‘Independent’ Mr. Comey

His prepared testimony shows why he deserved to be fired.

The desk in the Hart Senate Office Building from which former FBI director James Comey will testify, June 7.

The desk in the Hart Senate Office Building from which former FBI director James Comey will testify, June 7. PHOTO: AGENCE FRANCE-PRESSE/GETTY IMAGES

The Senate Intelligence Committee released James Comey’s prepared testimony a day early on Wednesday, and it looks like a test of whether Washington can apprehend reality except as another Watergate. Perhaps the defrocked FBI director has a bombshell still to drop. But far from documenting an abuse of power by President Trump, his prepared statement reveals Mr. Comey’s misunderstanding of law enforcement in a democracy.

Mr. Comey’s seven-page narrative recounts his nine encounters with the President-elect and then President, including an appearance at Trump Tower, a one-on-one White House dinner and phone calls. He describes how he briefed Mr. Trump on the Russia counterintelligence investigation and what he calls multiple attempts to “create some sort of patronage relationship.”

But at worst Mr. Comey’s account of Mr. Trump reveals a willful and naive narcissist who believes he can charm or subtly intimidate the FBI director but has no idea how Washington works. This is not new information.

When you’re dining alone in the Green Room with an operator like Mr. Comey—calculating, self-protective, one of the more skilled political knife-fighters of modern times—there are better approaches than asserting “I need loyalty, I expect loyalty.” Of course the righteous director was going to “memorialize” (his word) these conversations as political insurance.

Mr. Trump’s ham-handed demand for loyalty doesn’t seem to extend beyond the events of 2016, however. In Mr. Comey’s telling, the President is preoccupied with getting credit for the election results and resentful that the political class is delegitimizing his victory with “the cloud” of Russian interference when he believes he did nothing wrong.

Mr. Comey also confirms that on at least three occasions he told Mr. Trump that he was not a personal target of the Russia probe. But Mr. Comey wouldn’t make a public statement to the same effect, “most importantly because it would create a duty to correct” if Mr. Trump were implicated. This is odd because the real obligation is to keep quiet until an investigation is complete.

More interesting is that Mr. Trump’s frustration at Mr. Comey’s refusal raises the possibility that the source of Mr. Trump’s self-destructive behavior isn’t a coverup or a bid to obstruct the investigation. The source could simply be Mr. Trump’s wounded pride.

The most troubling part of Mr. Comey’s statement is his belief in what he calls “the FBI’s traditionally independent status in the executive branch,” which he invokes more than once. Independent? This is a false and dangerous view of law enforcement in the American system.

Mr. Comey is describing an FBI director who essentially answers to no one. But the police powers of the government are awesome and often abused, and the only way to prevent or correct abuses is to report to elected officials who are accountable to voters. A director must resist intervention to obstruct an investigation, but he and the agency must be politically accountable or risk becoming the FBI of J. Edgar Hoover.

Mr. Comey says Mr. Trump strongly suggested in February that he close the Michael Flynn file, but after conferring with his “FBI senior leadership” he decided not to relay the conversation to Attorney General Jeff Sessions or any other Justice Department superior. If he thought he was being unduly pressured he had a legal obligation to report, and in our view to resign, but he says he didn’t because “we expected” that Mr. Sessions would recuse himself from Russia involvement.

Well, how did he know? Mr. Sessions didn’t recuse himself until two weeks later. Mr. Comey also didn’t tell the acting Deputy AG, who at the time was a U.S. attorney whom Mr. Comey dismisses as someone “who would also not be long in the role.”

This remarkable presumptuousness is the Comey mindset that was on display last year. He broke Justice Department protocol to absolve Hillary Clinton’s mishandling of classified material, without the involvement of Justice prosecutors or even telling then Attorney General Loretta Lynch. Mr. Comey’s disregard for the chain of legal command is why Mr. Trump was right to fire him, whatever his reasons.

Also on Wednesday two leaders of the intelligence community told the Senate Wednesday that they had not been pressured to cover up anything. “I have never been pressured—I have never felt pressured—to intervene or interfere in any way with shaping intelligence in a political way or in relation to an ongoing investigation,” said Director of National Intelligence Dan Coats. National Security Agency Director Mike Rogers added that he never been asked “to do anything I believe to be illegal, immoral, unethical or inappropriate.”

Meanwhile, Mr. Trump announced that he is nominating respected Justice Department veteran Christopher Wray as the next FBI director. Let’s hope Mr. Wray has a better understanding of the FBI’s role under the Constitution than Mr. Comey does.

Appeared in the June 8, 2017, print edition.

https://www.wsj.com/articles/the-independent-mr-comey-1496878266

Comey: ‘Lordy, I Hope There are Tapes’
AP

COMEY SAYS HE WAS FIRED BECAUSE OF RUSSIA INVESTIGATION


AP Photo
AP Photo/Andrew Harnik

WASHINGTON (AP) — Former FBI Director James Comey asserted Thursday that President Donald Trump fired him to interfere with his investigation of Russia’s role in the 2016 election and its ties to the Trump campaign.

“It’s my judgment that I was fired because of the Russia investigation,” Comey told the Senate intelligence committee in explosive testimony that threatened to undermine Trump’s presidency.

“I was fired in some way to change, or the endeavor was to change, the way the Russia investigation was being conducted,” Comey testified under oath. “That is a very big deal, and not just because it involves me.”

Comey also accused the Trump administration of spreading “lies, plain and simple” about him and the FBI in the aftermath of his abrupt firing last month, declaring that the administration then “chose to defame me and, more importantly, the FBI” by claiming the bureau was in disorder under his leadership. And in testimony that exposed deep distrust between the president and the veteran lawman, Comey described intense discomfort about their one-on-one conversations, saying he decided he immediately needed to document the discussions in memos.

“I was honestly concerned that he might lie about the nature of our meeting, so I thought it really important to document,” Comey said. “I knew there might come a day when I might need a record of what happened not only to defend myself but to protect the FBI.”

The revelations came as Comey delivered his much anticipated first public telling of his relationship with Trump, speaking at a packed Senate intelligence committee hearing that brought Washington and parts of the country to a standstill as all eyes were glued to screens showing the testimony. The former director immediately dove into the heart of the fraught political controversy around his firing and whether Trump interfered in the bureau’s Russia investigation, as he elaborated on written testimony delivered Wednesday. In that testimony he had already disclosed that Trump demanded his “loyalty” and directly pushed him to “lift the cloud” of investigation by declaring publicly the president was not the target of the FBI probe into his campaign’s Russia ties.

Comey said that he declined to do so in large part because of the “duty to correct” that would be created if that situation changed. Comey also said in his written testimony that Trump, in a strange private encounter near the grandfather clock in the Oval Office, pushed him to end his investigation into former National Security Adviser Michael Flynn.

Democratic Sen. Joe Manchin of West Virginia asked Comey the key question: “Do you believe this rises to obstruction of justice?”

“I don’t know. That’s Bob Mueller’s job to sort that out,” Comey responded, referring to the newly appointed special counsel who has taken over the Justice Department’s Russia investigation.

In a startling disclosure, Comey revealed that after his firing he actually tried to spur the special counsel’s appointment by giving one of his memos about Trump to a friend of his to release to the press.

“My judgment was I need to get that out into the public square,” Comey said.

Trump’s private attorney, Marc Kasowitz, seized on Comey’s affirmation that he told Trump he was not personally under investigation. Though Comey said he interpreted Trump’s comments as a directive to shut down the Flynn investigation, Kasowitz also maintained in his written statement that Comey’s testimony showed that the president “never, in form or substance, directed or suggested that Mr. Comey stop investigating anyone, including suggesting that that Mr. Comey ‘let Flynn go.'”

The Republican National Committee and other White House allies worked feverishly to lessen any damage from the hearing, trying to undermine Comey’s credibility by issuing press releases and even ads pointing to a past instance where the FBI had had to clean up the director’s testimony to Congress. Republicans and Trump’s own lawyer seized on Comey’s confirmation, in his written testimony, of Trump’s claim that Comey had told him three times the president was not directly under investigation.

Trump himself was expected to dispute Comey’s claims that the president demanded loyalty and asked the FBI director to drop the investigation into Flynn, according to a person close to the president’s legal team who demanded anonymity because of not being authorized to discuss legal strategy. The president has not yet publicly denied the specifics of Comey’s accounts but has broadly challenged his credibility, tweeting last month Comey “better hope there are no ‘tapes'” of the conversations.

“Lordy, I hope there are tapes,” Comey remarked at one point Thursday, suggesting such evidence would back up his account over any claims from the president.

Democratic Sen. Dianne Feinstein of California asked the question that many Republicans have raised in the weeks since Comey’s firing as one media leak followed another revealing Comey’s claims about Trump’s inappropriate interactions with him.

Discussing the Oval Office meeting where Comey says Trump asked him to back off Flynn, Feinstein asked: “Why didn’t you stop and say, ‘Mr. President, this is wrong,’?”

“That’s a great question,” Comey said. “Maybe if I were stronger I would have. I was so stunned by the conversation I just took it in.”

The hearing unfolded amid intense political interest, and within a remarkable political context as Comey delivered detrimental testimony about the president who fired him, a president who won election only after Comey damaged his opponent, Hillary Clinton, in the final days of the campaign. Clinton has blamed her defeat on Comey’s Oct. 28 announcement that he was re-opening the investigation of her email practices. “If the election were on Oct. 27, I would be your president,” Clinton said last month.

Thursday’s hearing included discussion of that email investigation, as Comey disclosed that then-Attorney General Loretta Lynch instructed him to refer to the issue as a “matter,” not an “investigation.”

“That concerned me because that language tracked how the campaign was talking about the FBI’s work and that’s concerning,” Comey said. “We had an investigation open at the time so that gave me a queasy feeling.”

Many Democrats still blame Comey for Clinton’s loss, leading Trump to apparently believe they would applaud him for firing Comey last month. The opposite was the case as the firing created an enormous political firestorm that has stalled Trump’s legislative agenda on Capitol Hill and taken over Washington.

Under questioning Thursday, Comey strongly asserted the intelligence community’s conclusion that Russia did indeed meddle in the 2016 election.

“There should be no fuzz on this. The Russians interfered,” Comey stated firmly. “That happened. It’s about as unfake as you can possibly get.”

Trump has begrudgingly accepted the U.S. intelligence assessment that Russia interfered with the election. But he has also suggested he doesn’t believe it, saying Russia is a “ruse” and calling the investigation into the matter a “witch hunt.”


http://hosted.ap.org/dynamic/stories/U/US_COMEY?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2017-06-08-12-37-50

Former FBI Director James Comey’s planned testimony to the Senate Intelligence Committee on Thursday will provide President Trump’s opponents with plenty of opportunities to attack his conduct, while also giving his supporters the context they need to defend his actions.The seven-page opening statement Comey provided to the committee this week sheds new light on a series of private conversations and meetings between the president and the former FBI director that had previously been described only through anonymous leaks to the press.However, the statement contained few new revelations, and GOP allies — including the Republican National Committee quickly seized on the document to argue Trump had done nothing wrong.Here are seven takeaways from Comey’s opening statement, which he is slated to deliver before the Senate Intelligence Committee on Thursday morning.

Comey really did tell Trump he was not under investigation three times.

In his letter last month asking Comey to resign, Trump thanked the former FBI director for telling him, on three occasions, that he was not personally the subject of an FBI probe.

On Jan. 6, according to Comey’s statement, the former FBI director sought permission from the bureau’s “leadership team” to inform the president-elect that he was not under investigation.

“That was true; we did not have an open counter-intelligence case on him,” Comey wrote. He noted the team concluded that he should indeed tell Trump he was not under investigation “if circumstances warranted” during a “sensitive” conversation at Trump Tower about an unverified dossier of salacious allegations against the president-elect.

“During our one-on-one meeting at Trump Tower, based on President-elect Trump’s reaction to the briefing and without him directly asking the question, I offered that assurance,” Comey wrote.

Then, during a Jan. 27 dinner at the White House, Comey cautioned Trump against calling publicly for an investigation of the salacious dossier by warning him that doing so “might create a narrative that we were investigating him personally, which we weren’t.”

Finally, during a March 30 phone call, Comey again told the president he was not the subject of an investigation.

“I explained that we had briefed the leadership of Congress on exactly which individuals we were investigating and that we had told those congressional leaders that we were not personally investigating President Trump. I reminded him I had previously told him that,” Comey noted.

The former FBI director noted, however, that counter-intelligence investigations and criminal investigations differ in their scope and methods.

Comey had far more contact with Trump than with Obama.

The former FBI director noted that he decided to document his conversations with Trump shortly after their first meeting on Jan. 6 at Trump Tower.

“Creating written records immediately after one-on-one conversations with Mr. Trump was my practice from that point forward,” Comey wrote in the statement. “This had not been my practice in the past.”

Comey said he had spoken with former President Obama alone just two times throughout his presidency, and said he did not feel compelled to take notes about either encounter.

“I can recall nine one-on-one conversations with President Trump in four months – three in person and six on the phone,” Comey wrote.

Comey did not perceive any interference on the Russia front.

After a Feb. 14 conversation with Trump in the Oval Office, Comey said he felt uncomfortable with comments the president made about his former national security adviser, Gen. Mike Flynn.

Trump asked Comey to “let this go,” referring to an investigation into whether Flynn made misleading statements to FBI agents about his conversations with the Russian ambassador, Comey said.

But the former FBI director clarified that he did not believe the president was asking him to abandon the bureau’s probe of Russian meddling in the presidential race.

“I did not understand the president to be talking about the broader investigation into Russia or possible links to his campaign,” Comey noted.

Comey never told Sessions about his concerns.

The former FBI director defended his decision not to alert the attorney general to his concerns in February about Trump by arguing that he did not expect Attorney General Jeff Sessions or the acting deputy attorney general beneath him to remain involved in the Russia investigation for much longer.

“We concluded it made little sense to report it to Attorney General Sessions, who we expected would likely recuse himself from involvement in Russia-related investigations. (He did so two weeks later.),” Comey noted.

However, Sessions did not recuse himself until his campaign-era contact with the Russian ambassador surfaced in news reports.

Trump told Comey “it would be good” to find out whether his associates “did something wrong.”

Rather than press Comey to close an investigation of his more distant associates, Trump told the former FBI director he would prefer to learn whether any had committed a crime.

“The president went on to say that if there were some ‘satellite’ associates of his who did something wrong, it would be good to find that out, but that he hadn’t done anything wrong and hoped I would find a way to get it out that we weren’t investigating him,” Comey wrote in his opening statement.

Several of Trump’s former campaign advisers — such as Carter Page, Roger Stone and Paul Manafort — have come under scrutiny for their activities during the presidential race. All three were dismissed from the campaign long before Trump won the White House in November 2016.

Yet one former campaign hand, Flynn, joined Trump in the administration and has since emerged as a top target of investigative focus. And the president did suggest Comey end his efforts to probe Flynn, although the former FBI director suggested the request fell short of obstruction.

Comey does not describe nearly half of his interactions with Trump.

Although the former FBI director claims he interacted one-on-one with Trump on nine separate occasions, his opening statement describes only five of those conversations.

Comey described all three in-person encounters in the statement he provided to the Senate. However, he described just two of the six phone calls he says he had with Trump between Jan. 6 and April 11, the day Comey said he last spoke with the president.

Comey feared Trump wanted a “patronage relationship.”

Comey said Trump’s unexpected move to host him for a private dinner at the White House on Jan. 27 “was, at least in part, an effort to have me ask for my job and create some sort of patronage relationship.”

The former FBI director based that assessment on “[m]y instincts.”

Comey went on to describe an “awkward” moment that occurred when the president described his desire for “loyalty.”

“[T]he president said, ‘I need loyalty, I expect loyalty.’ I didn’t move, speak, or change my facial expression in any way during the awkward silence that followed. We simply looked at each other in silence. The conversation then moved on, but he returned to the subject near the end of our dinner,” Comey noted.

http://www.washingtonexaminer.com/7-takeaways-from-comeys-opening-statement/article/2625257

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The Pronk Pops Show 906, June 7, 2017, Story 1: Will Congress Reauthorize Section 702 Foreign Intelligence Surveillance Act? Yes with changes to protect the privacy of American People. — How About Executive Order 12333 That Allow The President To Target Americans Without A Warrant — Unconstitutional and Illegal — Happens Every Day! — Oversight My Ass –Videos — Story 2: National Security Agency Under Obama Spied On American People —  Obama’s Abuse of Power — Huge Scandal Ignored By Big Lie Media — Videos — Story 3: President Trump To Nominate Christopher A. Wray For FBI Director — Videos

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Story 1: Will Congress Reauthorize Section 702 Foreign Intelligence Surveillance Act? Yes with changes to protect the privacy of American People — How About Executive Order 12333 That Allows The President To Target American Citizens Without A Warrant — Unconstitutional and Illegal — Happens Every Day! — Oversight My Ass –Videos

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FISA: 702 Collection

In 2008, Congress passed a set of updates to the Foreign Intelligence Surveillance Act (FISA), including Section 702 which authorized warrantless surveillance of non-U.S. persons reasonably believed to be outside the country. However, documents leaked by Edward Snowden revealed that 702 was being used far more heavily than many expected, serving as the legal basis for the collection of large quantities of telephone and Internet traffic  passing through the United States (and unlike 215, including content rather than just metadata). Still, as 702 only permits overseas collection, most criticism of the provision has come from abroad. But many domestic privacy advocates also worry that large amounts of American communication are being swept up “incidentally” and then used as well.

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Top Intel Community Officials Deny That Trump Pressured Them On Russia Probe

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CHUCK ROSS
Reporter

The directors of the Office of National Intelligence and the National Security Agency testified on Wednesday that they have not been pressured by President Trump on the ongoing Russia investigation, undercutting recent reports that they were.

Dan Coats, the director of national intelligence, and Adm. Mike Rogers, the director of NSA, largely declined to discuss details about their interactions with Trump when pressed on the matter during a Senate Intelligence Committee hearing.

According to news reports published last month, Trump asked both Coats and Rogers to rebut stories that Trump was under investigation as part of the Russia probe.

Both Coats and Rogers reportedly felt uncomfortable with the requests from Trump.

But when asked about those interactions on Wednesday, both declined to discuss their specific conversations with Trump while stating that they have never felt pressure from the White House.

“In the three-plus years that I have been the director of the National Security Agency, to the best of my recollection, I have never been directed to do anything that I believe to be illegal, immoral, unethical or inappropriate. And to the best of my collection … I do not recall ever feeling pressured to do so,” Rogers told Virginia Sen. Mark Warner, the vice chairman of the Senate panel.

“Did the president … ask you in any way, shape or form to back off or downplay the Russia investigation?” Warner asked.

Rogers said that he would not discuss specifics of conversations he had with Trump, but added: “I stand by the comment I just made, sir.”

Coats, a former Indiana senator who was appointed by Trump, also denied ever being pressured to downplay the Russia investigation or any other.

On Tuesday, The Washington Post reported that Coats told associates on March 22 that Trump asked him to intervene with former FBI Director James Comey to push back against the Russia investigation.

“In my time of service … I have never been pressured, I have never felt pressure, to intervene or interfere in any way, with shaping intelligence in a political way or in relationship to an ongoing investigation,” Coats testified Wednesday.

http://dailycaller.com/2017/06/07/top-intel-community-officials-deny-that-trump-pressured-them-on-russia-probe/

The Way the NSA Uses Section 702 is Deeply Troubling. Here’s Why.

MAY 7, 2014

This blog post was updated at 5:10 pm PST 5/8/14.

The most recent disclosure of classified NSA documents revealed that the British spy agency GCHQ sought unfettered access to NSA data collected under Section 702 of the FISA Amendments Act. Not only does this reveal that the two agencies have a far closer relationship than GCHQ would like to publicly admit, it also serves as a reminder that surveillance under Section 702 is a real problem that has barely been discussed, much less addressed, by Congress or the President.

In fact, the “manager’s amendment” to the USA FREEDOM Act, which passed unanimously out of the House Judiciary Committee, has weakened the minimal changes to Section 702 that USA FREEDOM originally offered. Although Representative Zoe Lofgren—who clearly understands the import of Section 702—offered several very good amendments that would have addressed these gaps, her amendments were all voted down. There’s still a chance though—as this bill moves through Congress it can be strengthened by amendments from the floor.

Section 702 has been used by the NSA to justify mass collection of phone calls and emails by collecting huge quantities of data directly from the physical infrastructure of communications providers. Here’s what you should know about the provision and why it needs to be addressed by Congress and the President:

  • Most of the discussion around the NSA has focused on the phone records surveillance program. Unlike that program, collection done under Section 702 capturescontent of communications. This could include content in emails, instant messages, Facebook messages, web browsing history, and more.
  • Even though it’s ostensibly used for foreign targets, Section 702 surveillance sweeps up the communications of Americans. The NSA has a twisted, and incredibly permissive, interpretation of targeting that includes communications about a target, even if the communicating parties are completely innocent. As John Oliver put it in his interview with former NSA General Keith Alexander: “No, the target is not the American people, but it seems that too often you miss the target and hit the person next to them going, ‘Whoa, him!'”
  • The NSA has confirmed that it is searching Section 702 data to access American’s communications without a warrant, in what is being called the “back door search loophole.”  In response to questions from Senator Ron Wyden, former NSA director General Keith Alexander admitted that the NSA specifically searches Section 702 data using “U.S. person identifiers,” for example email addresses associated with someone in the U.S.
  • The NSA has used Section 702 to justify programs in which the NSA can siphon off large portions of Internet traffic directly from the Internet backbone. These programs exploit the structure of the Internet, in which a significant amount of traffic from around the world flows through servers in the United States. In fact, through Section 702, the NSA has access to information stored by major Internet companies like Facebook and Google.
  • Section 702 is likely used for computer security operations. Director of National Intelligence James Clapper noted Section 702’s use to obtain communications “regarding potential cyber threats” and to prevent “hostile cyber activities.” Richard Ledgett, Deputy Director of NSA, noted the use of intelligence authorities to mitigate cyber attacks.
  • The FISA Court has little opportunity to review Section 702 collection. The court approves procedures for 702 collection for up to a year. This is not approval of specific targets, however; “court review [is] limited to ‘procedures’ for targeting and minimization rather than the actual seizure and searches.” This lack of judicial oversight is far beyond the parameters of criminal justice.
  • Not only does the FISA Court provide little oversight, Congress is largely in the dark about Section 702 collection as well. NSA spying defenders say that Congress has been briefed on these programs. But other members of Congress have repeatedly noted that it is incredibly difficult to get answers from the intelligence community, and that attending classified hearings means being unable to share any information obtained at such hearings. What’s more, as Senator Barbara Mikulski stated: “‘Fully briefed’ doesn’t mean that we know what’s going on.”  Without a full picture of Section 702 surveillance, Congress simply cannot provide oversight.
  • Section 702 is not just about keeping us safe from terrorism. It’s a distressingly powerful surveillance tool. While the justification we’ve heard repeatedly is that NSA surveillance is keeping us safer, data collected under Section 702 can be shared in a variety of circumstances, such as ordinary criminal investigations. For example, the NSA has shared intelligence with the Drug Enforcement Agency that has led to prosecutions for drug crimes, all while concealing the source of the data.
  • The President has largely ignored Section 702. While the phone records surveillance program has received significant attention from President Obama, in his speeches and his most recent proposal, Section 702 remains nearly untouched.
  • The way the NSA uses Section 702 is illegal and unconstitutional—and it violates international human rights law. Unlike searches done under a search warrant authorized by a judge, Section 702 has been used by the NSA to get broad FISA court authorization for general search and seizure of huge swathes of communications. The NSA says this is OK because Section 702 targets foreign citizens. The problem is, once constitutionally protected communications of Americans are swept up, the NSA says these communications are “fair game” for its use.
  • Innocent non-Americans don’t even get the limited and much abused protections the NSA promises for Americans. Under international human rights law to which the United States is a signatory, the United States must respect the rights of all persons. With so many people outside the United States keeping their data with American companies, and so much information being swept up through mass surveillance, that makes Section 702 the loophole for the NSA to violate the privacy rights of billions of Internet users worldwide.

The omission of Section 702 reform from the discourse around NSA surveillance is incredibly concerning, because this provision has been used to justify some of the most invasive NSA surveillance. That’s why EFF continues to push for real reform of NSA surveillance that includes an end to Section 702 collection. You can help by educating yourself and engaging your elected representatives. Print out our handy one-page explanation of Section 702. Contact your members of Congress today and tell them you want to see an end to all dragnet surveillance, not just bulk collection of phone records.

https://www.eff.org/deeplinks/2014/05/way-nsa-uses-section-702-deeply-troubling-heres-why

 

By ZACK WHITTAKER CBS NEWS June 30, 2014, 4:02 PM
Legal loopholes could allow wider NSA surveillance, researchers say
CBS NEWS

NEW YORK — Secret loopholes exist that could allow the National Security Agency to bypass Fourth Amendment protections to conduct massive domestic surveillance on U.S. citizens, according to leading academics.

The research paper released Monday by researchers at Harvard and Boston University details how the U.S. government could “conduct largely unrestrained surveillance on Americans by collecting their network traffic abroad,” despite constitutional protections against warrantless searches.

One of the paper’s authors, Axel Arnbak of Harvard University’s Berkman Center for Internet & Society, told CBS News that U.S. surveillance laws presume Internet traffic is non-American when it is collected from overseas.

“The loopholes in current surveillance laws and today’s Internet technology may leave American communications as vulnerable to surveillance, and as unprotected as the internet traffic of foreigners,” Arnbak said.

Although Americans are afforded constitutional protections against unwarranted searches of their emails, documents, social networking data, and other cloud-stored data while it’s stored or in-transit on U.S. soil, the researchers note these same protections do not exist when American data leaves the country.

Furthermore, they suggest that Internet traffic can be “deliberately manipulated” to push American data outside of the country. Although the researchers say they “do not intend to speculate” about whether any U.S. intelligence agencies are actually doing this, they say it could provide a loophole for vacuuming up vast amounts of U.S. citizen data for intelligence purposes, thus “circumventing constitutional and statutory safeguards seeking to protect the privacy of Americans,” they warned.

Play VIDEO
Snowden: NSA programs “uncontrolled and dangerous”
The academic paper lands just over a year since the Edward Snowden revelations first came to light, outlining the massive scope of U.S. government surveillance, under the justification of preventing terrorism. Although the classified programs that make up the NSA’s data acquisition arsenal have only recently been disclosed over the past year, the laws that govern them have been under close scrutiny for years. The paper only adds fuel to the fire of the intelligence agency’s alleged spying capabilities, which have been heavily criticized by civil liberties and privacy groups alike.

“The fix has to come from the law — the same laws that apply to Internet traffic collected domestically should also apply to traffic that is collected abroad,” the paper’s co-author, Sharon Goldberg of Boston University’s Computer Science Department, said.

While the researchers do not say whether these loopholes are being actively exploited — saying their aim is solely to broaden the understanding of the current legal framework — the current legislation as it stands “opens the door for unrestrained surveillance,” they write.

Since the September 11 terrorist attacks, the subsequent introduction of the Patriot Act allowed certain kinds of data to be collected to help in the fight against terrorism — so-called “metadata,” such as the time and date of phone calls and emails sent, including phone numbers and email addresses themselves. But the contents of those phone calls or emails require a warrant. The classified documents leaked by Edward Snowden showed that while the public laws have been in effect for years or even decades, the U.S. government has used secret and classified interpretations of these laws for wider intelligence gathering outside the statutes’ text.

The Obama administration previously said there had been Congressional and Judicial oversight of these surveillance laws — notably Section 215 of the Patriot Act, which authorized the collection of Americans’ phone records; and Section 702 of the Foreign Intelligence Surveillance Act (FISA), which authorized the controversial PRISM program to access non-U.S. residents’ emails, social networking, and cloud-stored data.

But the researchers behind this new study say that the lesser-known Executive Order (EO) 12333, which remains solely the domain of the Executive Branch — along with United States Signals Intelligence Directive (USSID) 18, designed to regulate the collection of American’s data from surveillance conducted on foreign soil — can be used as a legal basis for vast and near-unrestricted domestic surveillance on Americans.

The legal provisions offered under EO 12333, which the researchers say “explicitly allows for intentional targeting of U.S. persons” for surveillance purposes when FISA protections do not apply, was the basis of the authority that reportedly allowed the NSA to tap into the fiber cables that connected Google and Yahoo’s overseas to U.S. data centers.

An estimated 180 million user records, regardless of citizenship, were collected from Google and Yahoo data centers each month, according to the leaked documents. The program, known as Operation MUSCULAR, was authorized because the collection was carried out overseas and not on U.S. soil, the researchers say.

The paper also said surveillance can also be carried out across the wider Internet by routing network traffic overseas so it no longer falls within the protection of the Fourth Amendment.

However, an NSA spokesperson denied that either EO 12333 or USSID 18 “authorizes targeting of U.S. persons for electronic surveillance by routing their communications outside of the U.S.,” in an emailed statement to CBS News.

“Absent limited exception (for example, in an emergency), the Foreign Intelligence Surveillance Act requires that we get a court order to target any U.S. person anywhere in the world for electronic surveillance. In order to get such an order, we have to establish, to the satisfaction of a federal judge, probable cause to believe that the U.S. person is an agent of a foreign power,” the spokesperson said.

The report highlights a fundamental fact about Internet traffic: Data takes the quickest route possible rather than staying solely within a country’s borders. Data between two U.S. servers located within the U.S. can still sometimes be routed outside of the U.S.

Although this is normal, the researchers warn data can be deliberately routed abroad by manipulating the Internet’s core protocols — notably the Border Gateway Protocol (BGP), which determines how Internet traffic is routed between individual networks; and the Domain Name Service (DNS), which converts website addresses to numerical network addresses.

If the NSA took advantage of the loophole by pushing Internet traffic outside of the U.S., it would have enough time to capture the data while it is outside the reach of constitutional protection.

The researchers rebuffed the NSA’s statement in an email: “We argue that these loopholes exist when surveillance is conducted abroad and when the authorities don’t ‘intentionally target a U.S. person’. There are several situations in which you don’t ‘target a U.S. person’, but Internet traffic of many Americans can in fact be affected.”

“We cannot tell whether these loopholes are exploited on a large scale, but operation MUSCULAR seems to find its legal and technical basis in them.”

Mark M. Jaycox, a legislative analyst at the Electronic Frontier Foundation (EFF), said: “If you are intentionally spying on a U.S. person, the government must go to the FISA Court,” he said. “That’s the way the law is supposed to operate.”

Describing how the NSA says it never “intentionally collects” U.S. information, he warned the agency’s foreign data dragnet would inevitably include U.S. data.

“The NSA is an intelligence organization — it’s going to be targeting foreigners. But it’s the way that its targeting millions of foreigners, and millions of foreign communications that will eventually pick up U.S. persons’ data and information. And once that data has been collected, it must be destroyed.”

“It’s a question the NSA can’t reconcile, so they lean heavily on saying they never ‘intentionally collect’ the U.S. person information,” he said

A recent primer on EO 12333 written by the privacy group said the order “mandates rules for spying… on anyone within the United States.” The group also notes because the order remains inside the Executive Branch, the Obama administration could “repeal or modify” it at will.

The American Civil Liberties Union said in a post on its website that the U.S. government interprets USSID 18 to “permit it to sweep up Americans’ international communications without any court order and with little oversight.”

Patrick Toomey, staff attorney at the American Civil Liberties Union’s National Security Project, said: “Today, Americans’ communications increasingly travel the globe — and privacy protections must reliably follow. This academic paper raises key questions about whether our current legal regime meets that standard, or whether it allows the NSA to vacuum up Americans’ private data simply by moving its operations offshore.”

He added that there should be a uniform set of laws that protect Americans’ privacy regardless of where they are in the world, and that Congressional oversight of all rules governing surveillance is needed for comprehensive reforms.

The ACLU has also filed a Freedom of Information lawsuit with a federal court in New York, questioning “whether it [EO 12333] appropriately accommodates the constitutional rights of American citizens and residents whose communications are intercepted in the course of that surveillance.”

Although there is no direct evidence yet to suggest the NSA has exploited this loophole, network monitoring firm Renesys observed two “route hijacking” events in June and November 2013 that led Internet traffic to be redirected through Belarus and Iceland on separate occasions. These events are virtually unnoticeable to the ordinary Internet user, but the side effect is that U.S. data may be readable by foreign governments traveling through their country’s infrastructure. It also could allow the NSA to capture that data by treating it as foreign data.

These legal and technical loopholes can allow “largely unrestrained surveillance on Americans communications,” the researchers wrote.

The NSA, whose job it is to produce intelligence from overseas targets, said for the first time in August 2013 that it derives much of its “foundational authority” for its operations from EO 12333. Recent Snowden disclosures shed new light on understanding the capabilities of the executive order.

It was also recently revealed that Snowden himself questioned the legal authority of EO 12333, according to one declassified email exchange released by the Director of National Intelligence James Clapper.

According to John Schindler, a former NSA chief analyst, speaking to The Washington Post in October, the sole aim of the NSA’s “platoon” of lawyers’ is to figure out “how to stay within the law and maximize collection by exploiting every loophole.”

“It’s fair to say the rules are less restrictive under [EO] 12333 than they are under FISA,” he added.

FISA expanded the NSA’s powers allowing it to obtain foreign intelligence — including economic and political surveillance of foreign governments, companies, news outlets and citizens. But the amended law in 2008 also restricted what can be collected on U.S. citizens.

The so-called “targeting” and “minimization” procedures, which remain classified but were reported as a result of the Snowden leaks, were introduced to ensure any data inadvertently collected on U.S. citizens from overseas would not be used in investigations. These were later criticized following subsequent leaks which suggested the rules on collecting U.S. persons’ data were more relaxed than the statute led the public to believe.

U.S. intelligence agencies can only do so much with U.S. data, therefore they have a “strong incentive to conduct surveillance abroad,” the researchers say, because legal protections under the Fourth Amendment and FISA do not apply outside U.S. territory.

“Programs under EO 12333 may collect startling amounts of sensitive data on both foreigners and Americans,” the paper summarizes, “without any meaningful congressional or judiciary involvement.”

http://www.cbsnews.com/news/legal-loopholes-could-let-nsa-surveillance-circumvent-fourth-amendment-researchers-say/

 

FISA Authority and Blanket Surveillance: A Gatekeeper Without Opposition

Vol. 40 No. 3

The author is with ZwillGen PLLC in Washington, D.C.

Surveillance and espionage were once practices ordinary Americans only read about in novels or saw in movie theaters. That is no longer true. America is at the center of a worldwide communications network. It is home to the world’s most popular telecommunications, email, instant message, and video chat providers. Because of America’s unique role, hundreds of millions of users send communications through American soil. At the same time, America’s enemies have grown from nation-states, like the Soviet Union, to small cells of terrorists that use ordinary communications networks. Taken together, it is not surprising that signals intelligence agencies like the National Security Agency (NSA), which intercept and analyze these signals, would seek and use surveillance powers to conduct more surveillance at home.

Part of this new regime means that more legal process to gather intelligence is being served on companies in the United States. Recent revelations have declassified documents describing the NSA’s broad “collect now, search later” approach to surveillance. This means that some electronic communications providers, and their in-house and outside counsel, are faced with new forms of legal process. But unlike criminal process, which is rooted in a large body of publicly available case law and which often comes to light in the course of criminal trials, this new process comes to these providers in secret. As documents recently declassified by the director of national intelligence demonstrate, the government has served a number of different kinds of orders on providers—each of whom must assess when and how they might comply with or challenge those orders.

My firm and I represented one such provider in In re Directives [Redacted] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act [Redacted], 551 F.3d 1004 (FISA Ct. Rev. 2008). That case presented a challenge that more providers may face as the NSA explores its surveillance capabilities. The provider received process known as a 105B directive (which is now called a 702 directive) starting in 2007. In contrast with typical criminal process, there was no prior court review or approval of particular surveillance targets. Instead, a 702 directive, like the one served on that provider, approved of the government’s procedure for conducting surveillance—not its targets.

 

Faced with this process, the provider had to make decisions about how it could respond. The provider chose not to comply with the process, and the government filed a motion to compel in the Foreign Intelligence Surveillance Court (FISC), a secret court charged with reviewing and approving some types of surveillance.

The course of that litigation proved complex. The Foreign Intelligence Surveillance Court of Review (FISCR), which handles appeals from the FISC, had published a single opinion before the In re Directives case, and while the lower court, the FISC, had rules for proceedings, there were no publicly available decisions on which to rely in litigating the procedural aspects of the case. The merits of the case too were litigated in the dark. No docket was made available, and there was no public mention of the case until after it was appealed and the FISCR entered its decision. Some documents related to the case are still being declassified, but in the words of the FISCR’s declassified decision, there was “multitudinous briefing” in the FISC and ample briefing on appeal.

The FISCR released its opinion in In re Directives in 2009, and a beam of light shone on its decisions for the first time in seven years. But then the FISC went dark again. In late 2013, however, the director of national intelligence, in response to increased public pressure seeking information on surveillance activities, began releasing more FISC opinions that are instructive on how the FISC operates and how it has been interpreting the Fourth Amendment and process under the Foreign Intelligence Surveillance Act, 50 U.S.C. § 1801 et seq. (FISA) in the intervening years, giving much needed guidance to providers and outside counsel.

 

The History of FISA

Understanding how to advise clients faced with FISA process, the challenges they face, and how to revise FISA to address public concerns about the NSA’s “collect now, search later” surveillance requires some history, legal analysis, and creative thinking. FISA’s history provides context for the reforms needed to adjust the balance between surveillance and privacy. Current events provide information about the extent of the problem. And creative thinking is required to create solutions.

FISA occupies an uneasy place. It resides where intelligence gathering meets the Fourth Amendment. FISA addresses the problem of how, and when, the government can conduct surveillance for intelligence-gathering purposes on United States soil. Over time, Congress has addressed this delicate balance by amending FISA to expand and contract surveillance capabilities. Today, FISA provides a comprehensive set of procedures for obtaining and using “foreign intelligence information” within the United States.

Before Congress passed FISA in 1978, there were no clear rules for when the executive branch could conduct clandestine surveillance for foreign intelligence purposes. Prior to FISA, every president since at least 1931 used surveillance to protect national security interests—even when no law specifically allowed that surveillance. See Sen. Rep. No. 94-755 (1976), Book III, Supplementary Detailed Staff Reports on Intelligence Activities and the Rights of Americans [hereinafter Church Report], available at www.intelligence.senate.gov/pdfs94th/94755_III.pdf. Presidents justified this surveillance by pointing to their role as commander-in-chief combined with their duty and authority to execute the laws of the United States. U.S. Const. art. II, § 1, § 2, cl. 1; see Church Report, supra, at 279.

This power remained relatively untested until the seminal case United States v. U.S. District Court for Eastern District of Michigan, Southern Division, 407 U.S. 297 (1972), also known as the Keith case. There, the government prosecuted three individuals for conspiring to bomb an office of the Central Intelligence Agency in Ann Arbor, Michigan. The Keith defendants moved to compel the government to disclose electronic surveillance information the government collected without first getting a warrant. The attorney general argued the surveillance satisfied the Fourth Amendment because it was necessary “to gather intelligence information deemed necessary to protect the nation from attempts of domestic organizations to attack and subvert the existing structure of the Government.” Id. at 300. The Supreme Court found that the government must get a warrant before engaging in domestic surveillance, but limited its opinion to “domestic aspects of national security” and stated that it “express[ed] no opinion as to the issues which may be involved with respect to activities of foreign powers or their agents.” Id. at 321. Keith changed the landscape of domestic surveillance, but lower courts struggled to decide when surveillance required a warrant and when surveillance fell outside Keith’s holding; as a result, they increasingly invalidated surveillance. See Zweibon v. Mitchell, 516 F.2d 594, 651 (D.C. Cir. 1975).

Faced with this uncertainty and the revelations about warrantless surveillance, the Senate created the Church Committee to investigate the executive branch’s use of warrantless surveillance. The committee’s report provided revelations much like those that are coming to light today as a result of Edward Snowden’s leaks. The committee’s report, which is actually 14 separate reports regarding intelligence abuses, provides one of the most extensive, in-depth examinations of the use and abuse of surveillance powers in the United States. The Church Report revealed that from the early 1960s to 1972, the NSA targeted certain Americans’ international communications by placing their names on a watch list. It contended that intercepting these Americans’ communications was part of monitoring programs it was conducting against international communications channels. As is the case in news reports today, “to those Americans who have had their communications—sent with the expectation that they were private—intentionally intercepted and disseminated by their Government, the knowledge that NSA did not monitor specific communications channels solely to acquire their message is of little comfort.” Church Report, supra, at 735.

History tends to repeat itself. Today, newspapers have reported that the NSA engages in bulk telephone records surveillance using the “Business Records” provision in section 215 of FISA (50 U.S.C. § 1861). This bulk surveillance, however, isn’t anything new. The Church Report provides shockingly similar revelations about the NSA’s Operation SHAMROCK. Much like recent revelations about today’s bulk records collection, Operation SHAMROCK, which lasted all the way from August 1945 until May 1975, collected millions of telegrams leaving or transiting the United States and monitored certain telephone links between the United States and South America. As part of this monitoring, the NSA intercepted Americans’ international communications and disseminated those communications to other intelligence agencies. In doing so, the NSA “never informed the companies that it was analyzing and disseminating telegrams of Americans.” Unlike today, however, “the companies, who had feared in 1945 that their conduct might be illegal, apparently never sought assurances that NSA was limiting its use to the messages of foreign targets once the intercept program had begun.” Church Report, supra, at 740–41.

The NSA discontinued SHAMROCK in 1975, but it still incidentally collected Americans’ communications—much like it does (to a lesser extent) today. The Church Committee described the NSA’s “initial interception of a stream of communications” as “analogous to a vacuum cleaner.” “NSA picks up all communications carried over a specific link that it is monitoring. The combination of this technology and the use of words to select communications of interest results in NSA analysts reviewing the international messages of American citizens, groups, and organizations for foreign intelligence.” Id. at 741. This is eerily similar to the FISC’s description of bulk records collection as recently as October 2011, in which it stated “that NSA has acquired, is acquiring, and . . . will continue to acquire tens of thousands of wholly domestic communications,” Redacted, slip op. at 33 (FISA Ct. Oct. 3, 2011), because it intercepts all communications over certain Internet links it is monitoring and is “unable to exclude certain Internet transactions.” Id. at 30.

 

Purposes of FISA

That history tells us where FISA comes from and the problems Congress was trying to solve. Congress had two main goals: provide some oversight where there was none, and draw clear lines so that law enforcement would know when it could use foreign intelligence process and when it had to follow ordinary criminal process. To address these goals, FISA contains two important parts. First, it established a framework for judicial review by creating the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review. It also created a new FISA process to replace criminal process such as warrants, subpoenas, surveillance orders, and pen register/trap and trace orders. The FISA versions of each of these has less stringent requirements for the government to satisfy than criminal process. See 50 U.S.C. § 1801–12 (electronic surveillance equivalent to Title III orders), 50 U.S.C. § 1821–29 (physical searches like search warrants), 50 U.S.C. § 1841–46 (pen registers and trap-and-trace devices), 50 U.S.C. § 1861–62 (business records like grand jury subpoenas).

Second, FISA addressed when law enforcement can and cannot use these FISA processes to conduct surveillance or gather evidence. As it was originally enacted, law enforcement could obtain FISA process, rather than criminal process, when the “primary purpose” of surveillance was to gather foreign intelligence information. At the same time, Congress explicitly excluded activities conducted abroad from FISA’s reach. It also did not provide protection for U.S. citizens when they left the United States. See H.R. Rep. No. 95–1283, at 51 (1978).

To fill in the gaps FISA left and to provide rules of executive branch intelligence agencies, President Reagan issued Executive Order 12,333, United States Intelligence Activities (46 Fed. Reg. 59,941 (Dec. 4, 1981)). That order (as amended) remains the basis for executive branch surveillance for foreign intelligence purposes. What is important is that the order sets forth procedures that apply where FISA did not, specifically for surveillance of United States persons located abroad. Id. § 2.5.

Foreign intelligence gathering continued under FISA and Executive Order 12,333 for nearly two decades without major revision or challenge, until the attacks of September 11, 2001. Following 9/11, Congress passed the USA Patriot Act, which amended FISA by expanding law enforcement authority and lowering the standards required to obtain surveillance authority. Pub. L. No. 107–56 (H.R. 3162), 115 Stat. 272 (2001). The act eliminated the “primary purpose” test and replaced it with a “significant purpose” test. Id. § 218. The “primary purpose” test led law enforcement to create a wall between agencies that engaged in criminal prosecutions (such as parts of the Federal Bureau of Investigation and the Department of Justice) and agencies that primarily engaged in foreign intelligence gathering (such as the NSA). One of the problems identified in the aftermath of 9/11 was a reluctance to share information because of this “primary purpose” rule—and the fear that doing so could put surveillance or criminal prosecutions at risk.

In a rare published decision (there have been only two), the FISCR upheld the “significant purpose” test in In re Sealed Case, 310 F.3d 717 (FISA Ct. Rev. 2002). The FISC court had found that the “significant purpose” standard was lower than the “primary purpose” standard but that the Fourth Amendment did not require more. The court concluded that the procedures and government showings required under FISA, even if they do not meet the warrant requirement, come close enough that FISA as amended by the Patriot Act meets the balancing test between Fourth Amendment rights and the need to protect against national security threats. In re Sealed Case would prove to be a launching point for reconciling FISA with the Fourth Amendment and for chipping away at the warrant requirement for foreign intelligence-gathering purposes.

In December 2005, a New York Times article revealed a warrantless domestic wiretapping program, the Terrorist Surveillance Program (TSP), in which the NSA was allowed to eavesdrop on communications where at least one party was not a United States person. According to reports, technical glitches resulted in some “purely domestic” communications being subject to surveillance. The surveillance was based on a 2002 executive order that allowed the NSA to monitor international email messages and international telephone calls transmitted by communications networks based in the United States—surveillance that was outside the scope of review in In re Sealed Case. That executive order claimed that FISA’s warrant requirements were implicitly superseded by the passage of the congressional resolution authorizing the use of military force against terrorists and that the president’s inherent authority under Article II of the Constitution to conduct foreign surveillance trumped FISA.

A group of plaintiffs sought to challenge the TSP in American Civil Liberties Union v. National Security Agency, 438 F. Supp. 2d 754 (E.D. Mich. 2006). The district court ruled that the surveillance violated the Fourth Amendment, finding that the TSP was implemented without regard to the Fourth Amendment or to FISA, and thus violated FISA, the standards of Title III, and the Fourth Amendment. On appeal, however, the Sixth Circuit dismissed the case, finding that the plaintiffs lacked standing to challenge the TSP because they had not alleged that they were the actual victims of warrantless surveillance. ACLU v. NSA, 493 F.3d 644 (6th Cir. 2007); see also Clapper v. Amnesty Int’l, 133 S. Ct. 1138 (2013).

The Protect America Act of 2007

Following the public outcry in response to the New York Times article and the ACLU decision, the Bush administration proposed the Protect America Act of 2007 (PAA), Pub. L. No. 110-55, 121 Stat. 552, which was designed to address surveillance of communications facilities located in the United States that transmit communications between individuals both of whom are located abroad. PAA § 105A. Again, just as in 1978, the government needed more guidance on when FISA applied and when the executive branch was free of its requirements. The PAA addressed a new problem: capturing wholly foreign communications on U.S. soil. In the past, to capture foreign communications between non-U.S. persons, the government simply implemented surveillance on foreign communications networks, which are not subject to restrictions imposed by the Fourth Amendment or any statute. Now that foreign communications could be transferred within the United States and the TSP’s constitutionality had been called into doubt, the intelligence community required a new tool to continue that surveillance. The PAA, by providing a number of procedures to conduct surveillance of targets outside the United States, and in an attempt to avoid resort to traditional warrants and Title III orders, implemented a system of internal controls at the NSA as well as overarching review of policies and procedures by the FISC. The PAA was a stopgap measure, to preserve some aspects of warrantless surveillance of foreign communications transmitted within the United States while Congress worked to overhaul FISA.

Notably, the PAA, like the Patriot Act, again changed the test of when the FISA process does and does not apply. The PAA changed the focus from the identity of the party targeted to whether a party was present in the United States. This change made it much simpler for the attorney general and the director of national intelligence to approve surveillance—rather than certifying that both parties to the communication were foreign powers or agents of foreign powers, they now only had to certify that the target of the surveillance was located outside the United States. Under the PAA, the director of national intelligence and the attorney general could permit, for up to one year, “the acquisition of foreign intelligence information concerning persons reasonably believed to be outside the United States” if they determined that the acquisition met five specified criteria and the minimization procedures for that surveillance were approved by the FISC. PAA § 105B. In practical terms, the government could serve providers with orders that the FISC approved, and then name the targets of surveillance later.

One provider, Yahoo, challenged this in In re Directives [Redacted] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act [Redacted], 551 F.3d 1004 (FISA Ct. Rev. 2008). In that case, the government revealed that it not only complied with the PAA but also voluntarily complied with Executive Order 12,333, 46 Fed. Reg. 59,941, 59,951 (Dec. 4, 1981), which taken together mean that the certifications at issue “permit surveillances conducted to obtain foreign intelligence for national security purposes when those surveillances are directed against foreign powers or agents of foreign powers reasonably believed to be located outside the United States.” In re Directives, 551 F.3d at 1008. The court upheld these warrantless searches, finding that because the purpose of the surveillance was to gather foreign intelligence information, it fell under a “foreign intelligence exception to the Fourth Amendment’s warrant requirement” so long as it was directed against foreign powers or agents of foreign powers reasonably believed to be located outside the United states. Id. at 1012.

The court also found that the searches were reasonable because they complied with Executive Order 12,333, which required probable cause to believe that an individual is outside the United States and a finding that such surveillance was necessary, and which limited the duration of the surveillance and thus contained sufficient protections to avoid risk of mistake or executive branch misconduct.

The PAA was a stopgap measure and was eventually replaced by the FISA Amendments Act of 2008 (FAA), Pub. L. No. 110-261, § 403, 122 Stat. 2436, 2473. The FAA repealed the most troublesome provision of the PAA, which provided for warrantless surveillance of foreign intelligence targets “reasonably believed” to be outside the United States, even if they were U.S. persons, by adding a new section to FISA entitled “Additional Procedures Regarding Certain Persons Outside the United States.” Much of this section enshrines the protections present in Executive Order 12,333’s treatment of U.S. persons that the court relied on in In re Sealed Case and In re Directives to uphold the surveillance of United States persons located abroad.

The FAA again addressed the question of when FISA applies via a complicated web of procedures and processes for each category of target subject to surveillance: individuals outside the country that are not “U.S. Persons” (section 1881a), acquisitions inside the country targeting U.S. persons outside the country (section 1881b), and U.S. persons outside the country (section 1881c). Different processes are required for each type of target, but in a nutshell, U.S. persons receive slightly more protection. The most important change is that there is no prior judicial review of surveillance conducted in the United States that targets non-U.S. persons located outside the United States. FAA § 1881a. To conduct surveillance of U.S. persons outside the United States, however, the government must first obtain FISC approval of the particular targets. FAA § 1881b.

 

Time to Address Problems

FISA’s history and current events demonstrate that we are at a point in the cycle where it is again time to address the two basic questions: How do we provide oversight of intelligence-gathering activities? And when does this oversight apply? FISA, from a textual perspective, provides the government with far-reaching authority for surveillance and specific process for each type of surveillance it may want to conduct, but the public was relatively unaware of how the government used that authority until Edward Snowden leaked classified documents in late 2013 providing some detail on the NSA’s use of surveillance activities. In response, the government has begun declassifying a wealth of FISC decisions, letters to Congress, and other information regarding the NSA’s use of FISA authorities. A detailed analysis of these opinions could lead to a new report as voluminous as the Church Committee’s reports, but even a high-level analysis provides some context for moving forward.

The recently released opinions—such as Redacted, LEXIS 157706 (FISA Ct. Oct. 3, 2011), and Redacted II, LEXIS 157706 (FISA Ct. Nov. 30, 2011)—confirm what appeared to be the case in In re Directives, that the FISC has adopted an exception to the warrant requirement for foreign intelligence gathering—particularly where the government seeks communications that are not wholly domestic. In those cases, despite finding that the NSA knowingly collected wholly domestic communications that had nothing to do with foreign intelligence, the FISC generally approved most of the government’s targeting and minimization procedures. On a bad set of facts for the government, the FISC held that only a small part of the NSA’s surveillance program was unconstitutional and only because the NSA did not make enough of an effort to delete wrongly collected communications—a problem the NSA soon remedied. Redacted II, LEXIS 157705 (FISA Ct. Nov. 30, 2011).

The window left open in Keith seems to be closed. Similarly, the FISC has approved of the NSA’s “collect now, restrict searching later” approach to minimization. See In re Application of the F.B.I. for an Order Requiring the Production of Tangible Things from [Redacted], No. BR 13-109, LEXIS 134786 (FISA Ct. Sept. 13, 2013). In other words, the FISC has found no constitutional or statutory impediment to the government “over collecting” data—so long as it does not intentionally collect wholly domestic communications and it has minimization procedures to restrict access. There is no indication that the government has used its surveillance powers improperly (except in a limited number of circumstances attributable to NSA employee misconduct), but the FISC has not taken a robust view of the Fourth Amendment.

As was the case back in the late 1970s, the American public has reacted to executive surveillance activities—some of which are eerily similar to the NSA’s use of surveillance authority in the mid– to late 1970s. And as was the case in the late 1970s, it may again be time for Congress to take action. The problems remain quite similar to those Congress faced in 1978: provide oversight where there is none, or where it is inadequate, and make clear when the government can, and cannot, use different types of FISA process.

In late 2013, numerous members of Congress began proposing bills to reform FISA and provide new protections. See Mark M. Jaycox, “Cheat Sheet to Congress’ NSA Spying Bills,” Elec. Frontier Found. (Sept. 11, 2013), http://www.eff.org/deep links/2013/08/effs-cheat-sheet. Given the heated nature of the current debate, it is likely that the particular content of these bills will change daily, and summarizing their particularities is best left to blogs. Still, the bills generally fall into two categories: increasing transparency and restructuring the process. A few bills address bulk collection of records under section 215, but none takes a comprehensive approach to changing the question of when FISA applies and when it does not.

The current system of checks and balances under the FAA is simply not enough. It’s not because of a lack of desire by the providers to defend their users. Unlike the telephone and telegraph companies that did not act to end NSA spying in the Operation SHAMROCK era, providers today are taking a much more active role in the process. Yahoo challenged the FISA process in 2008, interest groups have filed actions seeking information about surveillance practices, and now providers have brought declaratory judgment actions seeking to reveal more information about surveillance process they receive.

One of the pending bills, Senator Blumenthal’s FISA Court Reform Act of 2013, Senate Bill 1460 and Senate Bill 1467, provides an answer that, having had the experience of litigating before the FISC myself, I believe could provide much needed improvements. That bill provides for a new Office of the Special Advocate, which introduces an adversary to the court. (This is similar to the public privacy advocate that President Obama recently proposed.) The act attempts to solve a basic problem with the current oversight procedures: There is no true adversarial process for most of the legal issues that arise. The newly declassified opinions the director of national intelligence has released make this abundantly clear. Setting aside the legal arguments, the procedural history of the opinions indicates delays on the government’s part, a lack of supervision after the court issues its orders, and a preference for secrecy over public disclosure at any cost. Appointing a special advocate ad litem for the public would ensure that novel legal arguments in the FISA court would face a consistent, steady challenge no matter who the provider is, thereby strengthening the FISA process by subjecting results to checks and balances.

Without such a process, the court and the Department of Justice must work through difficult legal issues with no balancing input. An advocate could participate in all cases involving a new statute or authority or a new interpretation or application of an existing authority. The special advocate could choose the cases in which to be involved, or the court or a provider that receives process could request its involvement where an opposition would be useful to test and evaluate the government’s legal arguments. The special advocate’s office could be established with proper security safeguards to draft, store, and access classified records more efficiently. It could also be required to report to the public and Congress the number of cases it has argued and how often it has limited or pared back the government’s requests. It would provide a vital counterpoint for legislators exercising their oversight duties.

The special advocate would be especially useful in cases in which the government demands access to communications in a way that may have a profound effect on people other than the target, such as when decryption may be involved or when a provider is asked to provide assistance in ways that are unlike traditional wiretaps.

Providing for an advocate in front of the court would also resolve several problems for companies and individuals faced with receiving FISA process or having evidence gathered using that process used against them. The statutory process as it stands now does not necessarily provide for complete transparency or a level playing field for the provider. As the published decision in In re Directives makes clear, a phalanx of 11 government lawyers, including the acting solicitor general of the United States, was involved in defending the statute. The decision also shows that some of the documents relied on by the court of review were classified procedures submitted as part of an ex parte appendix that remains sealed. 551 F.3d at 1013–14.

If an advocate were present in other matters before the FISC, the government and court would be more likely to provide more public information on what challenges have and have not been successful. Public access would also provide litigators with a much greater opportunity to use those challenges in advising and defending their clients. The FISC’s decisions may or may not have been correct, depending on your view, but the secrecy employed up to this point erodes the safeguards built into our adversarial court system. The presence of an advocate would help to ensure that the government cannot continue to keep new opinions classified, unless it is truly in the interest of national security to do so.

Revising FISA is no easy task, and analyzing and responding to the FISA process presents thorny questions. There is one constant throughout the history of surveillance, as was the case in the Church Report and as is the case today with news reports about NSA surveillance: The government will use the surveillance power it is given to its fullest. This article does not opine on when that is and is not appropriate. America’s long history of surveillance and current events demonstrate a need to revise the process and take a hard look at whether courts have the tools to oversee executive branch surveillance and when the executive branch should be allowed to use foreign intelligence procedures. Introducing an advocate to test the government’s theories and surveillance in every case—even the ones it brings ex parte—would go a long way toward ensuring that the American public is not shocked again.

https://www.americanbar.org/publications/litigation_journal/2013-14/spring/fisa_authority_and_blanket_surveillance_gatekeeper_without_opposition.html

Meet Executive Order 12333: The Reagan rule that lets the NSA spy on Americans

July 18, 2014

John Napier Tye served as section chief for Internet freedom in the State Department’s Bureau of Democracy, Human Rights and Labor from January 2011 to April 2014. He is now a legal director of Avaaz, a global advocacy organization.

In March I received a call from the White House counsel’s office regarding a speech I had prepared for my boss at the State Department. The speech was about the impact that the disclosure of National Security Agency surveillance practices would have on U.S. Internet freedom policies. The draft stated that “if U.S. citizens disagree with congressional and executive branch determinations about the proper scope of signals intelligence activities, they have the opportunity to change the policy through our democratic process.”

But the White House counsel’s office told me that no, that wasn’t true. I was instructed to amend the line, making a general reference to “our laws and policies,” rather than our intelligence practices. I did.

Even after all the reforms President Obama has announced, some intelligence practices remain so secret, even from members of Congress, that there is no opportunity for our democracy to change them.

Public debate about the bulk collection of U.S. citizens’ data by the NSA has focused largely on Section 215 of the Patriot Act, through which the government obtains court orders to compel American telecommunications companies to turn over phone data. But Section 215 is a small part of the picture and does not include the universe of collection and storage of communications by U.S. persons authorized under Executive Order 12333.

From 2011 until April of this year, I worked on global Internet freedom policy as a civil servant at the State Department. In that capacity, I was cleared to receive top-secret and “sensitive compartmented” information. Based in part on classified facts that I am prohibited by law from publishing, I believe that Americans should be even more concerned about the collection and storage of their communications under Executive Order 12333 than under Section 215.

Bulk data collection that occurs inside the United States contains built-in protections for U.S. persons, defined as U.S. citizens, permanent residents and companies. Such collection must be authorized by statute and is subject to oversight from Congress and the Foreign Intelligence Surveillance Court. The statutes set a high bar for collecting the content of communications by U.S. persons. For example, Section 215 permits the bulk collection only of U.S. telephone metadata — lists of incoming and outgoing phone numbers — but not audio of the calls.

Executive Order 12333 contains no such protections for U.S. persons if the collection occurs outside U.S. borders. Issued by President Ronald Reagan in 1981 to authorize foreign intelligence investigations, 12333 is not a statute and has never been subject to meaningful oversight from Congress or any court. Sen. Dianne Feinstein (D-Calif.), chairman of the Senate Select Committee on Intelligence, has said that the committee has not been able to “sufficiently” oversee activities conducted under 12333.

Unlike Section 215, the executive order authorizes collection of the content of communications, not just metadata, even for U.S. persons. Such persons cannot be individually targeted under 12333 without a court order. However, if the contents of a U.S. person’s communications are “incidentally” collected (an NSA term of art) in the course of a lawful overseas foreign intelligence investigation, then Section 2.3(c) of the executive order explicitly authorizes their retention. It does not require that the affected U.S. persons be suspected of wrongdoing and places no limits on the volume of communications by U.S. persons that may be collected and retained.

“Incidental” collection may sound insignificant, but it is a legal loophole that can be stretched very wide. Remember that the NSA is building a data center in Utah five times the size of the U.S. Capitol building, with its own power plant that will reportedly burn $40 million a year in electricity.

“Incidental collection” might need its own power plant.

A legal regime in which U.S. citizens’ data receives different levels of privacy and oversight, depending on whether it is collected inside or outside U.S. borders, may have made sense when most communications by U.S. persons stayed inside the United States. But today, U.S. communications increasingly travel across U.S. borders — or are stored beyond them. For example, the Google and Yahoo e-mail systems rely on networks of “mirror” servers located throughout the world. An e-mail from New York to New Jersey is likely to wind up on servers in Brazil, Japan and Britain. The same is true for most purely domestic communications.

Executive Order 12333 contains nothing to prevent the NSA from collecting and storing all such communications — content as well as metadata — provided that such collection occurs outside the United States in the course of a lawful foreign intelligence investigation. No warrant or court approval is required, and such collection never need be reported to Congress. None of the reforms that Obama announced earlier this year will affect such collection.

Without any legal barriers to such collection, U.S. persons must increasingly rely on the affected companies to implement security measures to keep their communications private. The executive order does not require the NSA to notify or obtain consent of a company before collecting its users’ data.

The attorney general, rather than a court, must approve “minimization procedures” for handling the data of U.S. persons that is collected under 12333, to protect their rights. I do not know the details of those procedures. But the director of national intelligence recently declassified a document (United States Signals Intelligence Directive 18) showing that U.S. agencies may retain such data for five years.

Before I left the State Department, I filed a complaint with the department’s inspector general, arguing that the current system of collection and storage of communications by U.S. persons under Executive Order 12333 violates the Fourth Amendment, which prohibits unreasonable searches and seizures. I have also brought my complaint to the House and Senate intelligence committees and to the inspector general of the NSA.

I am not the first person with knowledge of classified activities to publicly voice concerns about the collection and retention of communications by U.S. persons under 12333. The president’s own Review Group on Intelligence and Communication Technologies, in Recommendation 12 of its public report, addressed the matter. But the review group coded its references in a way that masked the true nature of the problem.

At first glance, Recommendation 12 appears to concern Section 702 of the FISA Amendments Act, which authorizes collection inside the United States against foreign targets outside the United States. Although the recommendation does not explicitly mention Executive Order 12333, it does refer to “any other authority.” A member of the review group confirmed to me that this reference was written deliberately to include Executive Order 12333.

Recommendation 12 urges that all data of U.S. persons incidentally collected under such authorities be immediately purged unless it has foreign intelligence value or is necessary to prevent serious harm. The review group further recommended that a U.S. person’s incidentally collected data never be used in criminal proceedings against that person, and that the government refrain from searching communications by U.S. persons unless it obtains a warrant or unless such searching is necessary to prevent serious harm.

The White House understood that Recommendation 12 was intended to apply to 12333. That understanding was conveyed to me verbally by several White House staffers, and was confirmed in an unclassified White House document that I saw during my federal employment and that is now in the possession of several congressional committees.

In that document, the White House stated that adoption of Recommendation 12 would require “significant changes” to current practice under Executive Order 12333 and indicated that it had no plans to make such changes.

All of this calls into question some recent administration statements. Gen. Keith Alexander, a former NSA director, has said publicly that for years the NSA maintained a U.S. person e-mail metadata program similar to the Section 215 telephone metadata program. And he has maintained that the e-mail program was terminated in 2011 because “we thought we could better protect civil liberties and privacy by doing away with it.” Note, however, that Alexander never said that the NSA stopped collecting such data — merely that the agency was no longer using the Patriot Act to do so. I suggest that Americans dig deeper.

Consider the possibility that Section 215 collection does not represent the outer limits of collection on U.S. persons but rather is a mechanism to backfill that portion of U.S. person data that cannot be collected overseas under 12333.

Proposals for replacing Section 215 collection are currently being debated in Congress. We need a similar debate about Executive Order 12333. The order as used today threatens our democracy. There is no good reason that U.S. citizens should receive weaker privacy and oversight protections simply because their communications are collected outside, not inside, our borders.

I have never made any unauthorized disclosures of classified information, nor would I ever do so. I fully support keeping secret the targets, sources and methods of U.S. intelligence as crucial elements of national security. I was never a disgruntled federal employee; I loved my job at the State Department. I left voluntarily and on good terms to take a job outside of government. A draft of this article was reviewed and cleared by the State Department and the NSA to ensure that it contained no classified material.

When I started at the State Department, I took an oath to protect the Constitution of the United States. I don’t believe that there is any valid interpretation of the Fourth Amendment that could permit the government to collect and store a large portion of U.S. citizens’ online communications, without any court or congressional oversight, and without any suspicion of wrongdoing. Such a legal regime risks abuse in the long run, regardless of whether one trusts the individuals in office at a particular moment.

I am coming forward because I think Americans deserve an honest answer to the simple question: What kind of data is the NSA collecting on millions, or hundreds of millions, of Americans?

https://www.washingtonpost.com/opinions/meet-executive-order-12333-the-reagan-rule-that-lets-the-nsa-spy-on-americans/2014/07/18/93d2ac22-0b93-11e4-b8e5-d0de80767fc2_story.html?utm_term=.0be4d4e8beac

A Primer on Executive Order 12333: The Mass Surveillance Starlet

JUNE 2, 2014

Many news reports have focused on Section 215 of the Patriot Act (used to collect all Americans’ calling records) and Section 702 of the Foreign Intelligence Surveillance Act Amendments Act (FAA) (used to collect phone calls, emails and other Internet content) as the legal authorities supporting much of the NSA’s spying regime. Both laws were passed by Congress and are overseen by the Foreign Intelligence Surveillance Court (FISA court). However, it’s likely that the NSA conducts much more of its spying under the President’s claimed inherent powers and only governed by a document originally approved by President Reagan titled Executive Order 12333. The Senate Select Committee on Intelligence is currently conducting a secret investigation into the order, but Congress as a whole—including the Judiciary committee—must release more information about the order to the public.

EO 12333 was first written in 1981 in the wake of Watergate and the Foreign Intelligence Surveillance Act, an act passed by Congress that regulates spying conducted on people located within the United States. Since FISA only covers specific types of spying, the President maintains that the executive branch remains free to spy abroad on foreigners with little to no regulation by Congress.

Executive Order 12333

The Executive Order does three things: it outlines what it governs, when the agencies can spy, and how they can spy. In broad strokes, the Executive Order mandates rules for spying on United States persons (a term that includes citizens and lawful permanent residents wherever they may be) and on anyone within the United States. It also directs the Attorney General and others to create further policies and procedures for what information can be collected, retained, and shared.

The first section of the order covers the role of every agency conducting intelligence in the Intelligence Community, which includes seventeen different agencies, including well-known entities like the Central Intelligence Agency (CIA) and the NSA, and lesser-known entities like the Office of Terrorism and Financial Intelligence in the Department of Treasury. The roles vary by agency. For instance, the NSA is, among other things, responsible for “collection, processing and dissemination of signals intelligence,” while the CIA is responsible for “national foreign intelligence.

The Information Collected

The Executive Order purports to cover all types of spying conducted with the President’s constitutional powers—including mass spying. That’s important to note because some of the spying conducted under EO 12333 is reportedly similar to the mass spying conducted under Section 702 of the FAA. Under this type of spying, millions of innocent foreigners’ communications are collected abroad, inevitably containing Americans’ communications. In the Section 702 context, this includes techniques like Prism and Upstream. While we don’t know for sure, the Executive Order probably uses similar techniques or piggybacks off of programs used for Section 702 spying.

The second section of the EO partly covers mass spying by establishing what information intelligence agencies can collect, retain, and share about US persons. The current guidelines, the United States Signals Intelligence Directive SP0018, also known as “USSID 18,” are (just like the “minimization procedures” based off of them) littered with loopholes to over-collect, over-retain, and over-share Americans’ communications—all without a probable cause warrant or any judicial oversight.

Defenders (.pdf) of the mass spying conducted under the Executive Order point out the order “protects” such US person information with guidelines like USSID 18, but such protections are window-dressing, at best. Policies like USSID 18 and other accompanying Executive Order guidelines such as the “Special Procedures Governing Communications Metadata Analysis” allow for extensive use of US person information and data without a probable cause warrant. Indeed, news reports and Congressional testimony confirm the “Special Procedures” are used to map Americans’ social networks. The procedures are clear evidence the government believes that Fourth Amendment’s protections stop at the border.

Uses of Executive Order 12333

We do know a little about the spying conducted using EO 12333, but more must be revealed to the public. One early news report revealed it was the NSA’s claimed authority for the collection of Americans’ address books and buddy lists. It’s also involved in the NSA’s elite hacking unit, the Tailored Access Operations unit, which targets system administrators and installs malware while masquerading as Facebook servers. And in March, the Washington Postrevealed the order alone—without any court oversight—is used to justify the recording of “100 percent of a foreign country’s telephone calls.” The NSA’s reliance on the order for foreign spying includes few, if any, Congressional limits or oversight. Some of the only known limits on Executive spying are found in Executive procedures like USSID 18, the metadata procedures discussed above, and probably other still-classified National Security Policy Directives, none of which have been publicly debated much less approved by Congress or the courts.

The extent of the NSA’s reliance on Executive Order 12333 demands that the government release more information about how the order is used, or misused. And Congress—specifically the Judiciary and Intelligence committees—must reassert the same aggressive and diligent oversight they performed in the 1970s and 1980s.

https://www.eff.org/deeplinks/2014/06/primer-executive-order-12333-mass-surveillance-starlet

Maintaining America’s Ability to Collect Foreign Intelligence: The Section 702 Program

May 13, 2016 21 min read Download Report

Authors:Paul Rosenzweig, Charles Stimson andDavid Shedd

Select a Section 1/0

Section 702 of the Foreign Intelligence Surveillance Act (FISA) will, in its current form, come up for reauthorization in 2017. Broadly speaking, the Section 702 program targets non-U.S. persons reasonably believed to be located outside the United States, in order to acquire foreign intelligence. Over the past several years, this surveillance of the online activities of foreigners has been a critical and invaluable tool for American intelligence professionals and officials. Knowledgeable officials note that more than 25 percent of all current U.S. intelligence is based on information collected under Section 702.[1]

Still, there are those who have concerns about the program. These critics believe that the program, as currently implemented, infringes on Americans’ rights. Their concern hinges on the inevitable reality that in the course of collecting information about foreign actors, the Section 702 program will also collect information about American citizens. As a result, some opponents liken the Section 702 program to the government telephony metadata program disclosed by Edward Snowden, and characterize Section 702 as an instance of government overreach.[2] Such comparisons are misguided and unfair. The program is so vital to America’s national security that Congress should reauthorize Section 702 in its current form.

Section 702 Explained

Section 702 has its origins in President George W. Bush’s terrorist surveillance program and the Patriot Act. That program was initiated in the immediate aftermath of the 9/11 terror attacks, on the President’s own authority. That reliance on exclusive presidential authority contributed to the controversy that initially attended the program—some vocal critics saw it as an example of executive overreach.

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That aspect of the criticism was significantly ameliorated, if not eliminated, several years later, when Congress fully discussed and authorized the activities in question. Indeed, the governing law was adopted and amended twice, after the program had been initiated on the President’s own authority. First, Congress adopted a temporary measure known as the Protect America Act in 2007.[3] Then, it passed the FISA Amendments Act (FAA) in 2008. This is the statute that includes the new Section 702.[4]

Under Section 702, the U.S. Attorney General and the Director of National Intelligence (DNI) may jointly authorize surveillance of people who are not “U.S. persons.” U.S. persons is a term of art in the intelligence community (IC) that means people who are not only American citizens but also covers permanent-resident aliens. As such, the targets of Section 702 surveillance can be neither citizens nor permanent residents of the U.S.

Section 702 authorizes the government to acquire foreign intelligence by targeting non-U.S. persons “reasonably believed” to be outside U.S. borders. Taken together, these two requirements identify the fundamental domain of Section 702 surveillance: it applies to foreigners on foreign soil. It is expressly against the law to attempt collection of information from targets inside the U.S.—whether Americans or foreigners—or to deliberately target the collection of online communications of American citizens.[5]

The law also requires the government to develop “targeting procedures”—the steps the government needs to take in order to ensure that the target is outside the United States at any time that electronic surveillance is undertaken. Obviously, that is sometimes difficult. A cell phone number, for instance, remains the same whether the phone is physically overseas or in the U.S., and the fact that someone has a U.S. cell phone number does not necessarily indicate whether the owner or user of that cell phone is a foreigner or an American. Hence, targeting must be tied to the geolocation of a phone and some knowledge about the owner/user, rather than solely to the phone’s number. Ultimately, it is the targeting procedures, not the targets themselves, that must be approved by the U.S. Foreign Intelligence Surveillance Court (FISC).[6]

To conduct this surveillance, the government can compel assistance from Internet service providers (ISPs) and telephone companies in acquiring foreign intelligence information—that is, information relating to a foreign espionage program or international terrorism. The government often compensates these providers for the necessary effort. According to The Washington Post, the payments range from $250 million to nearly $400 million annually.[7] Some critics of the program suspect that as a result, surveillance turns from a legal obligation to a source of income. Finally, it is important to note that not only regulated carriers, such as traditional cable and telephone companies (such as AT&T or Verizon), are required to participate, but also newer technology companies to include Google, Facebook, and Skype.

The Incidental Collection Issue

If that were all that the 702 program involved, it would likely not be particularly controversial. Few Americans have expressed grave concerns about America’s overseas intelligence collection. Significantly, the 702 program cannot be used to target any U.S. person or any person located in the U.S., whether that person is an American or a foreigner. The government is also prohibited from “reverse targeting” under 702—that is, the government cannot target a non-U.S. person outside the U.S. when the real interest is to collect the communications of a person in the U.S. or of any U.S. person, regardless of location.

But a residual issue arises because of the inevitability of inadvertent collection—the incidental collection of information about Americans as part of the authorized collection of foreign intelligence.

To see why this happens, one needs to understand two distinct aspects of the Section 702 program: one portion that goes by the name of PRISM, and another that is referred to colloquially as “upstream collection.”[8]

PRISM collection is relatively straightforward. A hypothetical can explain: The government has information about a particular e-mail address, or a particular individual, linking it or him to a foreign terrorist organization. That address (john.doe@xyz.com) or that individual’s name (John Doe) is known as a “selector”; it is a basis for sifting through vast quantities of data, and selecting what will be collected and analyzed.

The Attorney General and the DNI certify the selector as relating to a non-U.S. person who is outside the United States, and who is reasonably believed to be connected to a foreign intelligence activity. Then, the National Security Agency (NSA) sends a query about that selector to an ISP. The ISP, in turn, is required to hand over to the government any communications it might have that were sent to—or from—the identified selector. The NSA receives all data collected through PRISM, and makes portions of it available to the CIA and the FBI.

Upstream collection, by contrast, does not focus on the ISP. Instead, it focuses on the “backbone,” through which all telephone and Internet communications travel, which lies “upstream” within the telecommunications infrastructure. For example, an individual’s ISP might be a local company, while the backbone that carries its Internet traffic across the ocean to Europe is almost certainly operated by a larger provider, such as Verizon or AT&T.

There are several additional differences that distinguish upstream collection from PRISM. Most notably, upstream collection can involve “about” communications. “About” communications refer to selectors that occur within the content of the monitored communication, instead of, in the example of e-mail, in the “To” or “From” line.

So, if the government were using a name—John Doe—as a selector, under the upstream collection program, it would also collect foreign intelligence–related communications in which that name appeared in the body of the communication. Say, for example, that two al-Qaeda members are communicating via e-mail, and one says to the other: “We should recruit Doe.” That e-mail would be subject to upstream collection and would be a good example of an “about” communication. The e-mail is about Doe. Under the PRISM program, by contrast, the government would collect e-mails to and from the user name, and nothing more.

As should be evident, in some cases, these programs might result unintentionally in the collection of information about an American. If two Americans are communicating domestically in an exchange that names a foreign intelligence target (say, an e-mail that mentions an al-Qaeda operative by name), that e-mail might be incidentally collected by upstream collection. Likewise, an e-mail between two terrorist targets might be collected that incidentally includes information not only about legitimately identified U.S. persons (the recruit target John Doe), but also others. An e-mail might also mention Mary Doe—even though no evidence exists of any connection between Mary Doe and a foreign intelligence matter.

This prospect of collecting American data led Congress to include certain requirements that would reduce, though not entirely eliminate, the possibility that the data could be misused. Under the FAA, when information is collected about an American, whether incidentally as part of an authorized investigation, or inadvertently as the result of a mistake, the government is required to apply FISC-approved “minimization” procedures to determine whether such information may be retained or disseminated.

When lawyers and intelligence professionals use the word “minimization” in the context of intelligence collection, it means that any information inadvertently collected on a U.S. person is retained (if at all) only for a limited time, and that information about Americans is used and revealed and further disseminated only under narrowly defined circumstances. Minimization requirements may also mean deleting the information entirely. As with the targeting procedures, these minimization procedures are approved by the FISC—but again, the approval is for the entire system of minimization, not for each individual case.

So, for example, under these minimization rules, the NSA, CIA, and FBI are subject to certain limitations in how they are permitted to query and analyze the data they have lawfully collected. For example, they must demonstrate a reasonable likelihood that targeting a particular item in the information collected will result in the development of foreign intelligence. In other words, the rules limit when a U.S. person can be targeted for examination, and how long data about an American can be retained before it is deleted.

The Effectiveness of Section 702

With that background in mind, it is useful to turn to more practical questions about the program: Does it work? Is it being abused?

The public record suggests that the Section 702 program has indeed helped in the fight against terrorism. Classified records might provide additional support for this conclusion but they are unavailable to us.[9] The Privacy and Civil Liberties Oversight Board (PCLOB)—a bipartisan panel in the executive branch that reviews actions the executive branch takes to protect the country from terrorism, and also monitors civil liberty concerns—has reported that more than one-quarter of NSA reports on international terrorism include information that is based in whole, or in part, on data collected under the Section 702 program.

The PCLOB found that the 702 program “makes a substantial contribution to the government’s efforts to learn about the membership, goals, and activities of international terrorist organizations, and to prevent acts of terrorism from coming to fruition.”[10] Additionally, the program has “led the government to identify previously unknown individuals who are involved in international terrorism, and it has played a key role in discovering and disrupting specific terrorist plots aimed at the United States and other countries.”[11]

Although the details supporting these findings are classified, the board has also said that the program has played a role in discovering, and disrupting, specific terrorist plots aimed at the United States by enabling the government to identify previously unidentified individuals involved in international terrorism.[12] Additionally, the U.S. House of Representatives Permanent Select Committee on Intelligence (HPSCI) has posted three declassified examples from the NSA that involved the effective use of Section 702 collection in 2009: the New York City Subway Attack Plot; the Chicago Terror Investigation; and Operation Wi-Fi.

A few critics of the 702 program have disputed its actual impact in the New York City Subway Attack Plot and the Chicago Terror Investigation. TheGuardian interviewed several people who were involved in the two investigations and reviewed U.S. and British court documents.[13] Based on this incomplete record, The Guardian concluded that these investigations began with “conventional” surveillance methods—such as “old-fashioned tip-offs” of the British intelligence services—rather than from leads produced by NSA surveillance.

But the fact remains that current and former intelligence officials, members from both political parties across two Administrations, national security law experts in the private sector, and the PCLOB maintain that 702 has been and continues to be a very important intelligence tool for overseas intelligence collection.

Section 702 Criticisms v. Facts

Some of the criticisms of Section 702 are little more than philosophical objections to the concept of overseas surveillance.

Setting aside those concerns, there are other specific criticisms, each of which lacks merit. For example, there has been criticism that there is no significant publicly available data on how little, or how much, incidental collection there is about U.S. persons. Such data would be helpful to know in assessing the program. According to the PCLOB, in 2013 the NSA approved 198 U.S. person identifiers to be used as content query terms. The real issue is the frequency with which U.S. persons’ information was collected incidentally to the general foreign intelligence mission, and what is done with the information. After all, if the volume of incidental collection even remotely came close to what is collected as useful data on terrorism activities, including threats, skepticism about Section 702’s efficacy would be warranted.

Given that the targets of Section 702 collection are non-U.S. persons reasonably believed to be located overseas, it can reasonably be inferred that the predominant portion of the collected data does not contain U.S. person information. Although it would be useful to have an accurate estimate of how much incidental U.S. person information actually resides within the remaining portion of the data collected under the Section 702 program, it has proved very difficult to find any solution that would provide such an estimate. The first problem is that the collected data is often not readily identifiable as being associated with a U.S. person and would require the application of additional scarce technological and analytic resources in an effort to make those associations. The second problem is that the targets of the Section 702 collection efforts do not always communicate with persons of foreign intelligence interest. Ironically, an effort to ascertain an accurate estimate of non-pertinent U.S. person information lying dormant in the collected data is inconsistent with the purpose of Section 702, which is to identify foreign intelligence information. Such an effort to provide an estimate would result in more invasive review of U.S. person information.

FISA itself takes a more practical approach in attempting to understand the potential U.S. person privacy implications raised by Section 702 collection. It requires the head of each element of the Intelligence Community to conduct an annual review and to provide an accounting of the references to U.S. persons in intelligence reporting.[14] This outcome-based approach focuses on the U.S. person information that is actually being seen by the Intelligence Community, in order to assess whether there is any prejudicial impact on privacy rights. Also, the Office of the Director of National Intelligence (ODNI) recently released its “Statistical Transparency Report Regarding Use of National Security Authorities–Annual Statistics for Calendar Year 2015.”[15] The report estimates that 94,368 non-U.S. persons are targets of Section 702 collection. By comparison, the report estimates that the IC used 4,672 known U.S. person search terms in 23,800 queries of the lawfully collected Section 702 data. The report also notes that in 2015, the NSA disseminated 4,290 Section 702 intelligence reports that included U.S. person information. Of those reports, the U.S. person information was masked in 3,168 reports and unmasked in 1,122 reports. The remaining major criticisms of the 702 program are more systematic and definitional. One critique is that the government uses too broad a means in its first stage of collection, which is then followed by a more refined collection of data.[16] Judge Thomas F. Hogan of the FISC has described the program more accurately: “While in absolute terms, the scope of acquisition under Section 702 is substantial, the acquisitions are not conducted in a bulk or indiscriminate manner. Rather they are effected through…discrete targeting decisions for individual selectors.”[17]

Another complaint about the Section 702 program is that U.S. person data is retained—at least partially—at all. Under current rules, when the U.S. government targets someone abroad, it is not required to discard the incidentally collected communications of U.S. persons—if authorities conclude that those conversations constitute foreign intelligence.

In that event, even incidental conversations by or about U.S. persons may be retained. And the threshold for querying a U.S. person within the data collected is relatively low. To affirmatively query the data collected about a U.S. person, all that is needed is a determination that the search is reasonably likely to return foreign intelligence information. “Reasonably likely” is an especially easy standard to meet. It does not, for example, require any particularized suspicion that the U.S. person who is subject of the inquiry is engaged in any wrongdoing himself.

For that reason, a Presidential Review Board, as well a few Members of Congress, believe that Section 702 collection on Americans goes too far.[18] The program, they argue, is permissible and lawful without individual case supervision or a warrant requirement precisely because it targets non-Americans. So they contend that when the communications of U.S. persons are queried, probable cause and warrant requirements should apply. Any loophole that allows that particular querying should be closed because the government should not be able to obtain “back door” evidence against U.S. persons that it could otherwise only obtain with judicial approval.

But there is no “back door” here—a query does not collect any additional data. The FISC specifically holds that the 702 collection is constitutional and entirely consistent with the Fourth Amendment’s protections. The court found that “the querying provisions of the FBI Minimization Procedures strike a reasonable balance between the privacy interests of U.S. persons and persons in the United States, on the one hand, and the government’s national security interests, on the other.”[19] Even the fact that the “FBI’s use of those provisions to conduct queries designed to return evidence of crimes unrelated to foreign intelligence” did “not preclude the Court from concluding that taken together, the targeting and minimization procedures submitted with the 2015 Certifications are consistent with the requirements of the Fourth Amendment.”[20]

Obviously, Congress itself did not agree with these systematic and definitional complaints. While the focus of Section 702 collection is on non-U.S. persons located overseas, one of the specifically intended benefits of Section 702 was its ability to provide tip and lead information about persons in the United States who might be conspiring with overseas terrorists. This limited information might prove useful in helping to establish the probable cause necessary to obtain full surveillance coverage of these domestic suspects. It is also important to understand that the response to complaints about the theoretical possibility of abuse under FISA revolves around tight controls. The PCLOB found little evidence of abuse of the Section 215 metadata program, and in the case of Section 702 implementation found virtually no intentional misuse of the collection authorities where U.S. persons were concerned:

Over the years, a series of compliance issues were brought to the attention of the FISA court by the government. However, none of these compliance issues involved significant intentional misuse of the system. Nor has the Board seen any evidence of bad faith or misconduct on the part of any government officials or agents involved with the program. Rather, the compliance issues were recognized by the [FISA] court—and are recognized by the Board—as a product of the program’s technological complexity and vast scope, illustrating the risks inherent in such a program.[21]

Similarly, the PCLOB included a section in its 702 report called “Compliance Issues.” According to the PCLOB, the few instances of error in the administration of the 702 program were infrequent and mainly minor and administrative in nature. That is why the PCLOB found that “internal and external compliance programs have not to date identified any intentional attempts to circumvent or violate the procedures or the statutory requirements, but both unintentional incidents of noncompliance and instances where Intelligence Community personnel did not fully understand the requirements of the statute.”[22]

In other words, all of the errors in the program were accidental or due to mistakes. None was the product of intentional misconduct. Indeed, the non-compliance incident rate has been substantially below 1 percent, according to the PCLOB.[23] Over half of the reported incidents involved instances in which the “NSA otherwise complied with the targeting and minimization procedures in tasking and de-tasking a selector, but failed to make a report to the NSD and ODNI” in a timely fashion.[24]

Two other common reasons why compliance errors occurred are that: (1) the wrong selector was tasked due to a typographical error, or (2) a delay in de-tasking (removing the selector) resulted when an analyst de-tasked some, but not all, of the Section 702-tasked selectors placed on a non-U.S. person target known to be traveling to the United States.[25]

Taken together, these minor administrative errors accounted for “almost 75% of the compliance incidents,” according to the PCLOB.[26]

Section 702: Constitutional and Lawful

One last aspect of Section 702 needs to be addressed: the suggestion that the program might in some way be unconstitutional or unlawful. This Backgrounder concludes that relevant case law firmly supports the constitutionality and legality of the Section 702 program. To support this conclusion, we provide a brief history of relevant case law.

The predicate case is United States v. United States District Court,[27] sometimes known as the Keith case, after Judge Damon Keith, the federal district court judge who oversaw the case.

The case hearkens back to an era of protest and civil unrest in the United States. It involved several leaders of the so-called White Panther Party—a white supremacist group—who were charged with bombing a CIA office in Ann Arbor, Michigan, in 1968. Their phones were wiretapped by order of U.S. Attorney General John Mitchell, who served under President Richard Nixon. Mitchell said that no warrant was required to authorize the interception, because the defendants posed a “clear and present danger to the structure or existence of the government.”

Judge Keith responded that the Attorney General’s rationale was insufficient, and ruled that warrantless interception and surveillance of domestic conversations was unconstitutional. When the case reached the Supreme Court, the justices agreed with Judge Keith, establishing as precedent the idea that a warrant was needed before electronic surveillance commenced, even if the domestic surveillance was related to national security.

As Justice Lewis Powell said in writing for the Court, the “price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power.” Justice Powell continued, “Nor must the fear of un-authorized official eavesdropping deter vigorous citizen dissent and discussion of government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.”

Notably, however, the Court limited its holding to domestic surveillance, and said that different rules might apply when the surveillance occurred outside the United States, or was directed at a foreign power—or at non-Americans. Regarding surveillance of non-Americans overseas, courts around the country have agreed with the implicit suggestion of the Supreme Court, holding that surveillance for foreign intelligence purposes need only be reasonable (and that a warrant is not required).[28] That distinction—between domestic and foreign surveillance—is preserved in FISA, which allows more relaxed FISA procedures (for which a criminal warrant was not required) only when the purpose of the investigation is to collect foreign intelligence.

In Vernonia School District 47J v. Acton, the Supreme Court upheld the drug testing of high school athletes and explained that the exception to the warrant requirement applied “when special needs, beyond the normal need for law enforcement, make the warrant and probable cause requirements impracticable.”[29] Although Vernonia was not a foreign intelligence case—far from it—the principles from the Court’s “special needs” cases influenced later cases in the national security context.

In “In re: Sealed Case,” the United States Foreign Intelligence Surveillance Court of Review held that FISA did not require the government to demonstrate to the FISA court that its primary purpose in conducting electronic surveillance was not criminal prosecution and, significantly, the PATRIOT Act’s amendment to FISA, permitting the government to conduct surveillance of agents of foreign powers if foreign intelligence was the “significant purpose” of the surveillance, did not violate the Fourth Amendment.[30] The court avoided an express holding that a foreign intelligence exception exists, but held that FISA could survive on reasonableness grounds.

In 2008, “In re: Directives Pursuant to Section 105B of FISA” applied the principles derived from the special needs cases to conclude that the foreign intelligence surveillance authorized by the Protect America Act possesses characteristics that qualify it for a foreign intelligence exception to the warrant requirement of the Fourth Amendment.[31]

Notably, the “In re: Directives” decision cites a Fourth Circuit opinion for the proposition that there is a high degree of probability that requiring a warrant would hinder the government’s ability to collect time-sensitive information and thus impede vital national security interests.[32]

In April 2016, the first decision addressing the constitutionality of upstream collection under Section 702 was publicly released. The FISA court issued a declassified opinion[33] in which it concluded that use of information collected under Section 702 authority for domestic investigations satisfied both constitutional standards and was within the statutory bounds of the FISA Amendments Act. Notably, for purposes of this discussion, the court reached this conclusion after having had the benefit of a public advocate who articulated a position contrary to that of the government.[34] Judge Hogan cites “In re: Directives” in support of the proposition that the Fourth Amendment does not require the government to obtain a warrant to conduct surveillance in order “to obtain foreign intelligence for national security purposes [that] is directed against foreign powers or agents of foreign powers reasonably believed to be located outside of the United States.”

Section 702: Continuing Improvements

On February 5, 2016, the PCLOB issued its “Recommendations Assessment Report.” The purpose of the report was to assess whether the DNI had responded appropriately to recommendations it had made for the improvement of the program.

The DNI had taken action to the PCLOB recommendations. Indeed, with respect to the 10 recommendations relating to the Section 702 program, the PCLOB Recommendations Assessment Report determined that five recommendations have been fully implemented; one has been substantially implemented; three are in the process of being implemented; and one has been partially implemented.[35]

The historical record demonstrates the effectiveness of both the PCLOB’s oversight function and the responsiveness of the DNI to its recommendations—a win-win story in the new age of intelligence oversight.[36]

Conclusions

First, Section 702 is constitutional, statutorily authorized, and carefully constructed to address a vital U.S. national security requirement: the collection of vital information relating to foreign threats.

Second, it seems clear that, in light of careful scrutiny by the PCLOB, the specter of alleged abuse of the program is more theoretical than real.

Third, the Section 702 program has great current utility and provides invaluable intelligence of practical impact and not replaceable by other means of collection.

The benefits of the Section 702 program greatly outweigh its (theoretical) costs and the program should continue as currently authorized. Indeed, the record suggests that the 702 Program is invaluable as a foreign intelligence collection tool. The fruits of the program constitute more than 25 percent of the NSA’s reports concerning international terrorism. It has clearly defined implementation rules and robust oversight by all three branches of government, and is a necessary tool for defending the nation.

Congress should reauthorize 702 in its entirety. There is no need for a further sunset of the act’s provisions, as it has demonstrated its usefulness; and an arbitrarily forced reconsideration by Congress is unnecessary, a waste of time and money, and at the expense of national security.

The program can, and should, be implemented in a manner that is consistent with American values. To quote General Michael Hayden, former director of the NSA and former CIA director:

[A]n American strategy for cyberspace must reflect and serve our ideals. In our zeal to secure the internet, we must be careful not to destroy that which we are trying to preserve, an open, accessible, ubiquitous, egalitarian, and free World Wide Web. There are nations—like Iran, China, Russia and others—who view precisely those attributes as the very definition of cyber security threats. Their concern is not digital theft, but the free movement of ideas. We must take care that in our efforts to prevent the former, we do not legitimize their efforts to prevent the latter.[37]

A properly configured Section 702 program has met that challenge to the benefit of the American public. At a time when international terrorism is on the rise, the United States must have a lawful, robust foreign intelligence capability.

—David R. Shedd is a Visiting Distinguished Fellow in the Kathryn and Shelby Cullom Davis Institute for National Security and Foreign Policy, Paul Rosenzweig is a Visiting Fellow in the Douglas and Sarah Allison Center for Foreign Policy, of the Davis Institute, and Charles D. Stimson is Manager of the National Security Law Program and Senior Legal Fellow in the Center for National Defense, of the Davis Institute, at The Heritage Foundation.

JUNE 06, 2017 5:27 PM

Republicans worried about leaks consider cutting back surveillance authority