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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 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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The Pronk Pops Show Podcasts

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

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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.

How the Senate hearing on surveillance turned into a Russia hearing

Blunt Questions National Security Officials Regarding Russia Investigation & FISA 6/7/17

FULL: Rosenstein, Intel Chiefs Testify at Senate Hearing on President Trump and Russia Investigation

Heinrich Questions Top Intelligence Officials In Senate Intel Committee Hearing

Senator Kamala Harris Grills Deputy AG Rosenstein On Whether He Has Given Mueller Full Independence

Trump Russia Collusion Investigation, Part 1 – Senate Intelligence Committee – FISA 6/7/2017

Trump Russia Collusion Investigation, Part 2 – Senate Intelligence Committee – FISA 6/7/2017

Trump Russia Collusion Investigation, Part 3 – Senate Intelligence Committee – FISA 6/7/2017

‘You Went Back on a Pledge!’ Dem. Senator Gets Nasty With DNI Chief Dan Coats

June 7, 2017: Sen. Cotton’s Q&A at Senate Intel Committee FISA Hearing

OPENING STATEMENT: Director of National Intelligence Dan Coats Testifies at Senate Intel Committee

Senate Russia Investigation: National security officials testify to intelligence committee on FISA

Rand Paul on Unmaskings: ‘We Can’t Live in Fear of Our Own Intelligence Community’

Rand Paul on Obama Illegally Spying on Americans | NSA Wiretapping

Section 702 of the FISA Amendments Act

FISA Hearing – Sec 702 Intel Surveillance – IMPORTANT

NSA Spying On Americans ‘Widespread’ – Let Sec. 702 Expire!

Bill Binney explodes the Russia witchhunt

Obama’s NSA conducted illegal searches on Americans for years: Report

NSA Whistleblower Bill Binney on Tucker Carlson 03.24.2017

NSA Whistleblower Bill Binney On 9/11

William Binney – The Government is Profiling You (The NSA is Spying on You)

NSA Whistleblower William Binney: The Future of FREEDOM

State of Surveillance: Police, Privacy and Technology

The Fourth Amendment Explained: US Government Review

Why We’re Losing Liberty

Sen. Rand Paul Defends the Fourth Amendment – February 11, 2014

Rand Paul Shames Homeland Security on Spying on Americans

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

 

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The Pronk Pops Show 873, April 13, 2017, Story 1: Made In America Terrorist Tested In Afghanistan — Mother of All Bombs — Who is Next? North Korea, Syria, Iran — Videos — Story 2: Trump To NATO Members: Pay You Bills (2% of GDP For Military Spending) — NATO Not Obsolete — Videos — Story 3: Russian Foreign Minister Sergei Lavrov To United States Secretary of State Rex Tillerson — Show Us The Evidence of Chemical Gas Attack in Syria — Assad –“100% Fabrication” — Not Enough Evidence — Videos — Story 4: Trump Will Not Name Communist China As Currency Manipulator –United States Is A Currency Manipulator — Video — Story 5: Trump Favors Fed Chair Yellen’s Unconventional Accommodating Easy Money Policy — Government Intervention in Money Markets — Financial Repression of American Savers — Videos — Story 6: Trump Supporters and Talk Radio Will Dump Trump Should He Continue Flip Flopping and Listening To Liberal Democrat/Moderate Advisers — Videos

Posted on April 13, 2017. Filed under: American History, Blogroll, Breaking News, Budgetary Policy, China, Communications, Countries, Donald Trump, Economics, Elections, Fiscal Policy, Government Spending, History, Human, Law, Life, Media, Monetary Policy, North Korea, Obama, Philosophy, Politics, Polls, President Trump, Radio, Raymond Thomas Pronk, Regulation, Rule of Law, Scandals, Syria, Tax Policy, Taxation, Taxes, Terror, Terrorism, United States of America, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Pronk Pops Show 873: April 13, 2017

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Pronk Pops Show 817: January 13, 2017

Pronk Pops Show 816: January 12, 2017

Pronk Pops Show 815: January 11, 2017

Pronk Pops Show 814: January 10, 2017

Pronk Pops Show 813: January 9, 2017

Image result for mother of all bombs moab

Image result for nato countries and military spending

Image result for nato countries and military spending

 

 

Story 1: Made In America Terrorist Tested In Afghanistan — Mother of All Bombs — Who is Next? North Korea, Syria, Iran — Videos —

Image result for mother of all bombs moab

Image result for MOAB blast site in afganistan

OFFICIAL M.O.A.B FOOTAGE RELEASED (Afghans React to M.O.A.B Bomb) *Compilation 2017 HD*

OFFICIAL M.O.A.B FOOTAGE RELEASED (Afghans React to M.O.A.B Bomb) *Compilation 2017 HD*

Former UN Amb. Bolton on Afghanistan bombing: Magnitude roughly equivalent to small nuclear weapon

Lt. Col. Peters on Afghanistan bombing: A message to North Koreans

President Trump Statement on Dropping MOAB on ISIS 4/13/17

Breaking! U.S. Drops Largest Non-Nuclear Bomb on Afghanistan! “Mother of All Bombs”!

Trump Drops the ”Mother of All Bombs” in Afghanistan

WORLDS LARGEST Non-Nuclear Bomb GBU-43 B Massive Ordnance Air Blast

Published on Apr 13, 2017

Mother of all bombs GBU-43 B Massive Ordnance Air Blast.
U.S. on 04.11.2017 dropped the most powerful conventional bomb in its arsenal on Nangarhar, Afghanistan.
The bomb, known in military ranks as “MOAB,” or the “mother of all bombs,” was used Thursday for the first time in combat, though it was developed in the early 2000s.

Dr. Steve Pieczenik: Syria Strike Was A Message To China And North Korea

Can the U.S. handle the North Korea threat without China?

 

Children of Mother of All Bomb

Boeing Delivers Massive Ordnance Penetrator (MOP) 37,000 LB Bombs To The USAF – GBU-57

MOP Massive Ordnance Penetrator GBU-57A-B Penetrator bunker buster bomb Iran

Father of Mother of All Bombs — The Daisy Cutter

Image result for Daisy Cutter Bomb Explosion

Image result for Daisy Cutter Bomb Explosion

The Daisy Cutter in Vietnam

Desert Storm Daisy cutters 11 March 1991

The BLU 82 – [Daisy Cutter]

ISIS hammered as US drops biggest non-nuclear weapon ever: 21,000lb bomb is used in anger for the first time to obliterate jihadists’ caves in Afghanistan

  • U.S. dropped its largest non-nuclear weapon after targeting ISIS in Afghanistan
  • The GBU-43 bomb weighs 21,600 pounds, is 30 feet long, contains 11 tons of explosives and carries a mile-wide blast radius
  • It can create a blast crater more than 300 meters wide after being dropped from a Hercules MC-130 cargo plane
  • Trump pledged in 2015 that if he became president he would ‘bomb the s**t out of ‘ ISIS 
  • On Thursday he called the bombing ‘another successful job’ and said he had delegated strike authority to his military commanders
  • Pentagon denies that it was revenge for the death on Saturday of a Green Beret soldier in the same region of Pakistan 

The United States has dropped its largest non-nuclear weapon after it targeted ISIS a network of caves and tunnels in eastern Afghanistan.

U.S. forces used a GPS-guided GBU-43 bomb, which is 30 feet long and weighs a staggering 21,600 pounds.

It is known as the ‘Mother Of All Bombs’ – a play on ‘MOAB,’ an acronym that stands for ‘Massive Ordnance Air Burst.’

A crater left by the blast is believed to be more than 300 meters wide after it exploded six feet above the ground. Anyone at the blast site was vaporized.

President Donald Trump told reporters at the White House that he was ‘very, very proud’ and called the operation ‘really another successful job. We’re very, very proud of our military.’

The Pentagon is denying that the attack was a revenge strike despite the fact that it came in the same area of Afghanistan where a Green Beret soldier was killed on Saturday.

Staff Sgt. Mark De Alencar, of 7th Special Forces Group, was cut down by enemy small arms fire while his unit was conducting counter-ISIS operations.

The military used a GBU-43 (pictured), which weighs a staggering 21,600 pounds, and has earned the moniker 'Mother Of All Bombs

The military used a GBU-43 (pictured), which weighs a staggering 21,600 pounds, and has earned the moniker ‘Mother Of All Bombs

That MOAB's first practical test was carried out on March 11, 2003 at Eglin Air Force Base in Florida

That MOAB’s first practical test was carried out on March 11, 2003 at Eglin Air Force Base in Florida

President Donald Trump told reporters at the White House that he had authorized his military commanders to take actions like the one put into play on Thursday

President Donald Trump told reporters at the White House that he had authorized his military commanders to take actions like the one put into play on Thursday

Trump suggested he had not personally ordered the bomb strike but delegated authority to commanders in the field.

‘Everybody knows exactly what happened. So, what I do is I authorize my military … We have given them total authorization,’ he said.

The move marks the fulfilment of a 17-month-old campaign promise Trump delivered in Iowa, when he scoffed at ISIS terror forces and said he ‘would bomb the s**t out of them’ if he became president.

It also comes at a moment in the young Trump presidency when tensions are rising with Russia over its role in Syria, where ISIS has its headquarters.

Huge: The MOAB test fired in 2003 shortly before final preparations for it to be loaded onto an MC-130 attack aircraft

Huge: The MOAB test fired in 2003 shortly before final preparations for it to be loaded onto an MC-130 attack aircraft

Then-candidate Donald Trump told an Iowa audience in November 2015 that he would fight ISIS from the air as president: 'I would bomb the s**t out of them'

Then-candidate Donald Trump told an Iowa audience in November 2015 that he would fight ISIS from the air as president: ‘I would bomb the s**t out of them’

The explosion will also send a saber-rattling message to North Korea and Iran that rogue states’ nuclear-weapons ambitions could be met with brute force.

Trump said of North Korean dictator Kim Jong-Un: ‘I don’t know if this sends a message. It doesn’t make any difference if it does or not.’

‘North Korea’s a problem. The problem will be taken care of.’

The Department of Defense is denying that Thursday's attack was revenge for Saturday's death of Green Beret sergeant Mark De Alencar in the same region of Afghanistan

The Department of Defense is denying that Thursday’s attack was revenge for Saturday’s death of Green Beret sergeant Mark De Alencar in the same region of Afghanistan

White House press secretary Sean Spicer told reporters that MOAB is ‘a large, powerful and accurately delivered weapon’ whose use was intended to collapse underground spaces used by ISIS terrorists to move freely and attack U.S. and allied troops.

‘The United States takes the fight against ISIS seriously, and in order to defeat the group we must deny them operational space – which we did,’ Spicer said.

He referred reporters’ questions to the Pentagon and ignored a shouted question about whether Trump had been aware the bomb was dropped before or during the military operation.

Trump said during a November 2015 campaign rally in Fort Dodge, Iowa that ISIS was ‘making a tremendous amount of money’ because of ‘certain areas of oil that they took away’ after the Obama administration withdrew U.S. troops from Iraq and Afghanistan.

‘They have some in Syria, some in Iraq. I would bomb the s**t out of them,’ he said to wild cheers. ‘I would just bomb those suckers. That’s right. I’d blow up the pipes. … I’d blow up every single inch. There would be nothing left.’

Preparations: This was the scene as the only other MOAB to be exploded was readied for action in 2003 in Florida. The tail rotor is part of the guidance system for it to exploded over a specified target

Preparations: This was the scene as the only other MOAB to be exploded was readied for action in 2003 in Florida. The tail rotor is part of the guidance system for it to exploded over a specified target

Mushroom cloud: This was the aftermath of the test explosion seen outside Eglin Air Force Base in Fort Walton Beach, Florida

Mushroom cloud: This was the aftermath of the test explosion seen outside Eglin Air Force Base in Fort Walton Beach, Florida

 The MOAB was pushed out the back door of a giant cargo plane on Thursday, flying to its target with GPS guidance. A MOAB has only been exploded once before - in a 2003 test

 The MOAB was pushed out the back door of a giant cargo plane on Thursday, flying to its target with GPS guidance. A MOAB has only been exploded once before – in a 2003 test

A specialized MC-130 ‘Hercules’ cargo aircraft released the weapon at 7:00 p.m. local time.

It was too big to drop from a traditional bomb-bay door or release from an aircraft wing, so ‘we kicked it out the back door,’ a U.S. official told Fox News.

The weapon’s sheer power produces a blast that can be felt miles away, largely because of its construction.

Engineers used an unusually thin aluminum skin to encase MOAB’s payload, in order to avoid a thicker steel frame interfering with the impact on a target.

The U.S. fast-tracked the MOAB in 2003 for use in Operation Iraqi Freedom, but the Defense Department later decided that the enemy provided too little resistance to justify its deployment.

It was available to the Obama administration throughout the former president’s entire two terms, but he never deployed it in combat.

Its first practical test was carried out on March 11, 2003 at Eglin Air Force Base in Florida.

HOW ‘MOAB’ WORKS

Key stats:

  • Known as the ‘Mother Of All Bombs’
  • The U.S. military’s largest non-nuclear weapon
  • Each bomb costs around $16 million (£12.8 million)
  • Its explosion is equivalent to 11 tons of TNT and the blast radius is a mile wide
  • First tested by US forces in 2003
  • It is designed to destroy heavily reinforced targets or to shatter ground forces and armour across a large area
  • 30 feet (9 meters) long and 40 inches (1 meter) wide
  • Weighs 21,000lbs (9,500kg) – heavier than the Hiroshima nuclear bomb
  • Leaves no lasting radiation effect

How it’s deployed:

  • The bomb has ‘grid’ fins that fold into the body and then open up in flight to help control its descent
  • It can only be deployed out of the back of a large cargo plane due to its size
  • The bomb rides on a pallet, a parachute pulls the pallet and bomb out of the plane
  • The pallet then separates so that the bomb can fall to its target
  • It accelerates rapidly to its terminal velocity and is partially guided to its target via satellite
  • It explodes six feet (1.8 meters) above the ground
  • The idea behind this ‘airburst’ mechanism is to spread its destructive range

The weapon carries a blast wave that can be felt more than a mile away

The Pentagon confirmed Thursday that the explosive colossus was dropped in Afghanistan’s Nangarhar province, making it the first time America’s largest non-nuclear weapon has been used in a combat situation.

Pentagon spokesman Adam Stump said it was the first ever combat use of the bomb, which contains 11 tons of explosives.

Stump said the bomb was dropped on a cave complex believed to be used by ISIS fighters in the Achin district of Nangarhar province, very close to the border with Pakistan.

Gen. John Nicholson, commander of U.S. forces in Afghanistan, said in a statement about ISIS that ‘as ISIS-K’s losses have mounted, they are using IEDs, bunkers and tunnels to thicken their defense.’

‘This is the right munition to reduce these obstacles and maintain the momentum of our offensive against [ISIS-K].’

News reports suggest Nicholson made the decision to drop it from the sky.

He added that ‘[t]he strike was designed to minimize the risk to Afghan and U.S. Forces conducting clearing operations in the area while maximizing the destruction of ISIS-K fighters and facilities.’

The ISIS faction in Afghanistan is known as the Islamic State in Iraq and Syria-Khorasan province, or ISIS-K.

http://www.dailymail.co.uk/news/article-4409772/US-drops-biggest-non-nuclear-bomb-combat-time.html#ixzz4eAJVW5w0

 

Story 2: Trump To NATO Members: Pay You Bills (2% of GDP For Military Spending) — NATO Not Obsolete — Videos — 

Image result for nato countries and military spending

Image result for nato countries and military spending

Image result for nato countries and military spending

Image result for nato countries and military spending

Image result for nato countries and military spending

Image result for nato countries and military spending

Donald Trump “NATO is Largely Obsolete, It’s Got To Be Changed”

President Trump: I will work to enhance NATO

President Trump Holds a Joint Press Conference with Secretary General Stoltenberg

How Powerful Is NATO?

What is NATO?

Story 3: Russian Foreign Minister Sergei Lavrov To  United States Secretary of State Rex Tillerson — Show Us The Evidence of Chemical Gas Attack in Syria — Assad –“100% Fabrication” — Not Enough Evidence — Videos — 

Rex Tillerson holds joint news conference with Russian Foreign Minister after meeting Vladimir Putin…

Sec. Tillerson, Russian Minister Lavrov. News conference in Moscow. Syria. April 12. 2017

Russian President Vladimir Putin: US strike on Syria an act of war against Russia – LoneWolf

Gen. Jack Keane on Secretary Tillerson’s meeting with Putin

BREAKING NEWS 4/13/17: Assad Gives First Interview

Bashar al-Assad First Interview after chemical attack in syria: chemical attack was 100% fabrication

Ron Paul on Syria gas attack: ‘It doesn’t make sense. Zero chance Assad did this.’

What You Need to Know About Assad, Syria, Chemical Attacks and Potential Military Action

Evidence Suggests S-Y-R-I-A G-A-S ATTACK Is False Flag

Trump Orders Attack On Syria! Will Russia Respond? Is Trump Wrong?

TRUMP’S ATTACK ON SYRIA PART OF MUCH LARGER GLOBAL POLICY SHIFT

PUTIN SAYS SYRIA ATTACK IS A FALSE FLAG

BREAKING NEWS TRUMP 04/13/17: FOX NEWS SHOW THURSDAY

Story 4: Trump Will Not Name Communist China As Currency Manipulator –United States Is A Currency Manipulator — Video — 

A New Approach to Currency Manipulation?

How China’s devaluation impacts the U.S.

How Does China Manipulate Its Currency?

China’s Currency Manipulation

Donald Trump Economic Speech | Calls China as a Currency Manipulator | Monessen, PA | Mango News

Trump Tv | Japanese reporter asks Trump about China currency Manipulation | February 10 2017

Why Trump Should Stop Accusing China of Yuan Manipulation

Chinese Yuan Devaluation is an Act of War

C. Fred Bergsten on Currency Wars and US Economy

China’s Upward Currency Manipulation Might Have To End – FX Reserves Are Falling

It is a standard belief of many in the US, including the new President, Donald Trump, that China is a currency manipulator. This is true, China has indeed been manipulating the value of the yuan. However, contrary to popular belief it has, at least recently, been manipulating that value up against the American dollar, not down. This of course makes Chinese exports to America more expensive and reduces the trade deficit between the two countries. Not that simple facts tend to change many peoples’ beliefs about the economy of course.

However, this all might come to an end soon enough because China’s foreign currency reserves are falling as a result of their interventions. In fact, that those reserves are falling is the very evidence we need to show that they are intervening up, not down:

China’s foreign exchange reserves unexpectedly fell below the closely watched $3 trillion level in January for the first time in nearly six years, though tighter regulatory controls appeared to making some progress in slowing capital outflows. China has taken a raft of steps in recent months to make it harder to move money out of the country and to reassert a grip on its faltering currency, even as U.S. President Donald Trump steps up accusations that Beijing is keeping the yuan too cheap.

As we can see the general assumption in the financial markets, and the correct assumption too, is that China has been intervening to keep the value of the yuan up, not down. The major way it has been doing this being by limiting the amount that Chinese citizens can move out of the country:

Further erosion of the world’s largest stockpile may prompt policy makers again to tighten measures for controlling outflows and on companies transferring money to other countries. Authorities recently rolled out stricter requirements for citizens converting yuan into foreign currencies as the annual $50,000 foreign exchange quota for individuals reset Jan. 1.

For a capital outflow does indeed reduce the value of a currency:

China’s foreign exchange reserves fell below the $3 trillion mark for the first time in almost six years as capital continued to flow out of the world’s second-largest economy, data from the People’s Bank of China showed Tuesday.

The reserves fell by $12.31 billion from the previous month to $2.998 trillion, following a drop of $41.08 billion in December. Economists polled by The Wall Street Journal had expected a $1 billion decrease in January.

The reason a capital outflow does this should be obvious. Yuan work only in China. Thus, to take money out of China you must sell yuan and buy some other form of money. That sale reduces the value of the yuan (more of something for sale does usually mean a price fall) against those other currencies. And thus the truth of those accusations of currency manipulation. As we can see the Chinese government is placing restrictions on peoples’ ability to sell yuan. This is thus manipulation which keeps the value up, not such that pushes it down.

All of which leaves us with an interesting point. The general demand is that China stop manipulating the value of its currency. OK, so, let’s insist upon that. The value of the yuan will fall, Chinese exports to America will be cheaper and we might well then see an increase in the US trade deficit. Which isn’t really what the people complaining about manipulation want, is it? But it may well be what they’re about to get.

https://www.forbes.com/sites/timworstall/2017/02/07/chinas-upward-currency-manipulation-might-have-to-end-fx-reserves-are-falling/#49701dc0751c

Trump says he will not label China currency manipulator, reversing campaign promise

April 12

Trump called China a ‘currency manipulator.’ Does it deserve the label?

During his presidential campaign Trump talked tough on China, accusing them of undervaluing the yuan. The International Monetary Fund has said that Chinese currency is “no longer undervalued”. Does China still deserve to be called a “currency manipulator”?(Daron Taylor/The Washington Post)

President Trump on Wednesday said he would not label China a currency manipulator, contradicting one of the biggest economic promises he made on the campaign trail.

Trump told the Wall Street Journal that he had changed his mind because China is not currently manipulating its currency, adding that he hoped to enlist China’s help on containing the nuclear threat from North Korea.

Trump also indicated that he might be open to keeping Janet L. Yellen as Federal Reserve chair after her term expires. “I like her, I respect her. … It’s very early,” he said when asking about her reappointment.

Trump was highly critical of Yellen during the campaign. He accused her of keeping interest rates low to benefit the Obama administration and said she should be ashamed of herself. But Yellen has a reputation for being slow to raise interest rates, and Trump had also professed his preference for low interest rates in the past.

“I do like a low-interest rate policy, I must be honest with you,” he told the Journal, when asked about Yellen.

The president is also “very close” to naming a vice chair and filling another open seat that governs community banking on the Federal Reserve Board, Treasury Secretary Steven Mnuchin said during the interview.

In the interview, Trump also inveighed against the strong U.S. dollar, saying that the strength of the currency stemmed partially from people’s confidence in him, but that it was also hurting the economy.

“It’s very, very hard to compete when you have a strong dollar and other countries are devaluing their currency,” he said.

Eswar Prasad, a professor of international trade at Cornell University, said it was striking that a sitting president would comment so directly on the value of the dollar.

“It could also be taken as an implicit threat to other countries that if the dollar stays strong and if U.S. bilateral trade imbalances with its major trading partners stay high or continue to expand, that he will take some sort of action,” Prasad said.

The judgment on currency manipulation was scheduled to be released in a semiannual report from the Treasury Department that is due this week.

China defies international trade rules in some respects, economists say, but devaluing its currency is not currently one of them. While China suppressed the value of its currency for years to make its products cheaper abroad and boost its exports, for the past several years it has been intervening in currency markets to prop the yuan up, which actually benefits American exporters.

“Certainly for the past six months, which is the period notionally covered by the April 15 report, China has been intervening to raise the value of its currency, not to suppress it,” said Matthew Goodman, a former Treasury official who helped to label China a currency manipulator during the Clinton administration.

https://www.washingtonpost.com/graphics/politics/trump-promise-tracker/?promise=9

China was a favored target of Trump’s on the campaign trail. He often said the world’s second-largest economy was taking advantage of the U.S., and that he would respond on his first day in office by labeling China a currency manipulator. He has also said he would impose tariffs of up to 45 percent on China if the country does not negotiate better trade terms with the United States.

Labeling a country a currency manipulator triggers an investigation and can eventually lead to tariffs or other economically punitive measures.

But when Trump met with Chinese President Xi Jinping at Mar-a-Lago last week, the conversation was much more genial. The outcome of the talks was a 100-day plan to reevaluate the countries’ trading relationship, including trying to boost American exports to China.

President Trump met with China’s president on April 6, after months of criticizing China and promising big trade changes. From blasting China for currency manipulation to accusing them of “raping our economy,” here are some of his biggest blusters from the campaign trail. (Jenny Starrs/The Washington Post)

Has the United States mismanaged the ascent of China?

By April 15, the Treasury Department is required to present to Congress a report on the exchange rate policies of the country’s major trading partners, intended to identify manipulators that cheapen their currency to make their exports more attractive and gain market share in the United States, a designation that could eventually lead to retaliation.

It would be hard, these days, to find an economist who feels China fits the bill. Under a trade law passed in 2015, a country must meet three criteria: It would have to have a “material” trade surplus with the rest of the world, have a “significant” surplus with the United States, and intervene persistently in foreign exchange markets to push its currency in one direction.

While China’s surplus with the United States is pretty big — almost $350 billion — its global surplus is modest, at 2.4 percent of its gross domestic product last year. Most significant, it has been pushing its currency up, not down. Since the middle of 2014 it has sold over $1 trillion from its reserves to prop up the renminbi, under pressure from capital flight by Chinese companies and savers.

Even President Trump — who as a candidate promised to label China a currency manipulator on Day 1 and put a 45 percent tariff on imports of Chinese goods — seems to be backing away from broad, immediate retaliation.

 And yet the temptation remains. “When you talk about currency manipulation, when you talk about devaluations,” the Chinese “are world champions,” Mr. Trump told The Financial Times, ahead of the state visit of the Chinese leader, Xi Jinping, to the United States last week.

For all Mr. Trump’s random impulsiveness and bluster — and despite his lack of a coherent strategy to engage with what is likely soon to become the world’s biggest economy — he is not entirely alone with his views.

Many learned economists and policy experts ruefully acknowledge that the president’s intuition is broadly right: While labeling China a currency manipulator now would look ridiculous, the United States should have done it a long time ago.

“With the benefit of hindsight, China should have been named,” said Brad Setser, an expert on international economics and finance who worked in the Obama administration and is now at the Council on Foreign Relations.

A Changing Trade Picture

After suppressing its currency through 2014, China has turned to propping it up, and its trade surplus as a share of its economy has declined over the last decade.

There were reasonable arguments against putting China on the spot and starting a process that could eventually lead to American retaliation.

Yet by not pushing back against China’s currency manipulation, and allowing China to deploy an arsenal of trade tactics of dubious legality to increase exports to the United States, successive administrations — Republican and Democratic — arguably contributed to the economic dislocations that pummeled so many American workers over more than a decade. Those dislocations helped propel Mr. Trump to power.

From 2000 to 2014 China definitely suppressed the rise of the renminbi to maintain a competitive advantage for its exports, buying dollars hand over fist and adding $4 trillion to its foreign reserves over the period. Until 2005, the Chinese government kept the renminbi pegged to the dollar, following it down as the greenback slid against other major currencies starting in 2003.

American multinationals were flocking into China, taking advantage of its entry into the World Trade Organization in December 2001, which guaranteed access to the American and other world markets for its exports. By 2007, China’s broad trade surplus hit 10 percent of its gross domestic product — an unheard-of imbalance for an economy this large. And its surplus with the United States amounted to a full third of the American deficit with the world.

Though the requirement that the Treasury identify currency manipulators “gaining unfair competitive advantage in international trade” dates back to the Omnibus Trade and Competitiveness Act of 1988, China was never called out.

There were good reasons. Or at least they seemed so at the time. For one, China hands in the administration of George W. Bush argued that putting China on the spot would make negotiations more difficult, because even Chinese leaders who understood the need to allow their currency to rise could not be seen to bow to American pressure.

Labeling China a manipulator could have severely hindered progress in other areas of a complex bilateral economic relationship. And the United States had bigger fish to fry.

“There were other dimensions of China’s economic policies that were seen as more important to U.S. economic and business interests,” Eswar Prasad, who headed the China desk at the International Monetary Fund and is now a professor at Cornell, told me. These included “greater market access, better intellectual property rights protection, easier access to investment opportunities, etc.”

At the end of the day, economists argued at the time, Chinese exchange rate policies didn’t cost the United States much. After all, in 2007 the United States was operating at full employment. The trade deficit was because of Americans’ dismal savings rate and supercharged consumption, not a cheap renminbi. After all, if Americans wanted to consume more than they created, they had to get it somewhere.

Photo

Shi Guangsheng, seated, then the Chinese trade minister, signing documents admitting China to the World Trade Organization at a ceremony in Qatar in 2001. CreditRabih Moghrabi/Agence France-Presse

And the United States had a stake in China’s rise. A crucial strategic goal of American foreign policy since Mao’s death had been how to peacefully incorporate China into the existing order of free-market economies, bound by international law into the fabric of the postwar multilateral institutions.

And the strategy even worked — a little bit. China did allow its currency to rise a little from 2005 to 2008. And when the financial crisis hit, it took the foot off the export pedal and deployed a giant fiscal stimulus, which bolstered internal demand.

Yet though these arguments may all be true, they omitted an important consideration: The overhaul of the world economy imposed by China’s global rise also created losers.

In a set of influential papers that have come to inform the thinking about the United States’ relations with China, David Autor, Daron Acemoglu and Brendan Price from the Massachusetts Institute of Technology; Gordon Hanson from the University of California, San Diego; and David Dorn from the University of Zurich concluded that lots of American workers, in many communities, suffered a blow from which they never recovered.

Rising Chinese imports from 1999 to 2011 cost up to 2.4 million American jobs, one paper estimated. Another found that sagging wages in local labor markets exposed to Chinese competition reduced earnings by $213 per adult per year.

Economic theory posited that a developed country like the United States would adjust to import competition by moving workers into more advanced industries that competed successfully in global markets. In the real world of American workers exposed to the rush of imports after China erupted onto world markets, the adjustment didn’t happen.

If mediocre job prospects and low wages didn’t stop American families from consuming, it was because the American financial system was flush with Chinese cash and willing to lend, financing their homes and refinancing them to buy the furniture. But that equilibrium didn’t end well either, did it?

What it left was a lot of betrayed anger floating around among many Americans on the wrong end of these dynamics. “By not following the law, the administration sent a political signal that the U.S. wouldn’t stand up to Chinese cheating,” said Edward Alden, a senior fellow at the Council on Foreign Relations. “As we can see now, that hurt in terms of maintaining political support for open trade.”

If there was a winner from this dynamic, it was Mr. Trump.

Will Mr. Trump really go after China? In addition to an expected executive order to retaliate against the dumping of Chinese steel, he has promised more. He could tinker with the definitions of “material” and “significant” trade surpluses to justify a manipulation charge.

And yet a charge of manipulation would add irony upon irony. “It would be incredibly ironic not to have named China a manipulator when it was manipulating, and name it when it is not,” Mr. Setser told me. And Mr. Trump would be retaliating against the economic dynamic that handed him the presidency.

China is No Longer Manipulating its Currency

C. Fred Bergsten (PIIE)

November 18, 2016 9:45 AM

US President-elect Donald Trump has vowed to instruct his Secretary of the Treasury to label China a currency manipulator on his first day in office, just as Republican presidential candidate Mitt Romney did in 2012. He would then presumably seek to negotiate with the Chinese to reduce their large trade surplus, which equals roughly half the total US trade deficit of about $500 billion, under the threat of limiting imports unilaterally if they failed to cooperate (and risking retaliation against US exports). A declining US trade deficit, if it could be achieved, would increase US economic growth. But China has not manipulated its currency, the renminbi, for the past two years, and even an erroneous designation would not enable the new president to take any retaliatory trade actions.

China was the champion currency manipulator of all time from 2003 through 2014. During this “decade of manipulation,” China bought more than $300 billion annually to resist upward movement of its currency by artificially keeping the exchange rate of the dollar strong and the renminbi’s exchange rate weak. China’s competitive position was thus strengthened by as much as 30 to 40 percent at the peak of the intervention. Currency manipulation explained most of China’s large trade surpluses, which reached a staggering 10 percent of its entire GDP in 2007.

China was not the only manipulator. A number of other Asian economies, including Taiwan and Hong Kong, also intervened regularly to keep from losing their competitive position to China (and thus to the United States as well). A few others, including Japan and Korea, intervened occasionally as well.

Naming a country a manipulator, however, has no significant operational consequences (which is one of the reasons it has not been done in recent years). The relevant US law, dating from 1988, requires only that the Secretary of the Treasury launch a negotiation with the indicted countries in an effort to rectify the situation. Trump and his advisors have suggested they would use a designation to impose new import restrictions against China, up to the level of the renminbi undervaluation that resulted, but they would have to invoke other US statutes to justify such action. (Regardless of manipulation, the administration might authorize the Commerce Department to apply countervailing duties against imports that were subsidized by undervalued exchange rates in China and elsewhere; this would probably run afoul of US obligations in the World Trade Organization, however, and might also be challenged domestically unless Congress explicitly authorized such treatment.)

I was among the first to call attention to the manipulation by the Chinese and others and to advocate strong action to counter it, but it must be recognized that the situation has changed dramatically over the past two years. China has experienced large outflows of private capital that have driven its exchange rate down and indeed sparked market fears of disorderly renminbi devaluations. To their credit, the Chinese have intervened heavily on the opposite side of the market: Instead of buying dollars to keep the renminbi weak, they have sold large amounts of dollars to prevent it from sliding further. Their recent intervention has promoted US competitiveness rather than undermined it. Manipulation (including by other countries) has passed largely into remission.

It would thus be factually incorrect, as well as ineffectual, for the new Trump administration to label China a currency manipulator (and the Chinese might well refuse to negotiate under such circumstances). Indeed, the White House would be running counter to the thrust of the new US currency law (although it could still label a country as a “manipulator,” even if it did not meet the terms of that law). The Trade Facilitation and Trade Enforcement Act of 2015 spells out three criteria for identifying a country for currency misbehavior:

  • a large bilateral trade surplus with the United States, which China has;
  • a material global current account surplus, which the Treasury Department interprets as meaning more than 3 percent of a country’s GDP, a bit more than China is now running; and
  • “persistent one-sided intervention” in the currency markets, to keep its exchange rate from rising, which China is clearly not conducting.

These tests would have caught China for eight consecutive years, from 2003 through 2010, but Treasury currently has placed China only on a “monitoring list” along with five others that meet at least two of the criteria or have met them in the recent past. There is always a possibility that China (and others) could resume the competitive nonappreciation of the earlier period if market pressure again pushed the renminbi upward, especially if China’s economic reforms faltered and its growth rate sank below the new target of 7 percent. So we cannot be confident that the problem has been definitively resolved.

Indeed, it would be desirable for the Trump administration to add a new tool to the US policy arsenal, to ensure the problem will not resurface, by announcing that the United States will counter any future manipulation by others with offsetting intervention of its own. If China buys $1 billion in an effort to keep the dollar artificially strong, the United States could buy $1 billion worth of renminbi to neutralize any impact of the Chinese action on the exchange rate between the two currencies. The Chinese currency and bond markets are now large enough to permit any foreseeable level of US intervention that might be needed. But simply the announcement of a policy of such “countervailing currency intervention” would almost surely deter future manipulation efforts, requiring very little if any actual activity. It should thus prolong the current remission of manipulation indefinitely. The Senate passed a bill authorizing “remedial currency intervention” in 2011, but the policy could be adopted under current law.

Trump’s economic team may decide to address a number of Chinese policies that support its exports and impede its imports, in an effort to reduce the Chinese surplus and the US deficit, as its predecessors have done for many years. There are several US statutes that provide a basis for doing so. Currency manipulation is not one of these, however, especially at the present time. The new administration should look for alternative paths to any immediate action while shoring up the country’s defenses against possible recrudescence of currency aggression in the future.

C. Fred Bergsten is senior fellow and director emeritus of the Peterson Institute for International Economics. He was the founding director of the Institute from 1981 through 2012. He was previously assistant secretary of the Treasury for International Affairs and is coauthor, with Joseph E. Gagnon, of the forthcoming Institute book Currency Conflict and Trade Policy: A New Strategy for the United States.

https://piie.com/blogs/trade-investment-policy-watch/china-no-longer-manipulating-its-currency

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Trump’s base turns on him

Steve Bannon’s downgrade is just one of many complaints. ‘We expect him to keep his word, and right now he’s not keeping his word,’ says one campaign supporter.

04/13/17 02:21 PM EDT

Donald Trump is pictured. | Getty
The swiftness and abruptness of Trump’s shift from bomb-throwing populist outsider to a more mainstream brand of Republican has taken the president’s stalwarts by surprise. | Getty
 Donald Trump’s true believers are losing the faith.

As Trump struggles to keep his campaign promises and flirts with political moderation, his most steadfast supporters — from veteran advisers to anti-immigration activists to the volunteers who dropped their jobs to help elect him — are increasingly dismayed by the direction of his presidency.

Their complaints range from Trump’s embrace of an interventionist foreign policy to his less hawkish tone on China to, most recently, his marginalization of his nationalist chief strategist, Steve Bannon. But the crux of their disillusionment, interviews with nearly two dozen Trump loyalists reveal, is a belief that Trump the candidate bears little resemblance to Trump the president. He’s failing, in their view, to deliver on his promise of a transformative “America First” agenda driven by hard-edged populism.

“Donald Trump dropped an emotional anchor. He captured how Americans feel,” said Tania Vojvodic, a fervent Trump supporter who founded one of his first campaign volunteer networks. “We expect him to keep his word, and right now he’s not keeping his word.”

Earlier this week, Vojvodic launched a Facebook group called, “The concerned support base of President Trump,” which quickly drew several dozen sign-ups. She also changed the banner on her Facebook page to a picture of Bannon accompanied by the declaration: “Mr. President: I stand with Steve Bannon.”

“I’m not so infatuated with Trump that I can’t see the facts,” she said. “People’s belief, their trust in him, it’s declining.”

The swiftness and abruptness of Trump’s shift from bomb-throwing populist outsider to a more mainstream brand of Republican has taken the president’s stalwarts by surprise.

http://www.politico.com/story/2017/04/trump-base-supporters-turn-on-him-237200

“It was like, here’s the chance to do something different. And that’s why people’s hopes are dashed,” said Lee Stranahan, who, as a former writer at Breitbart News, once worked with Bannon. “There was always the question of, ‘Did he really believe this stuff?’ Apparently, the answer is, ‘Not as much as you’d like.’”

The White House did not respond to a request for comment.

The deflation of Trump’s base threatens to further weaken a president who’s already seen his public support drop to historic lows. Frustration among the president’s allies has intensified in recent days, with many expressing worry that Bannon, the intellectual pillar of the nationalist movement that catapulted Trump to the presidency, is being pushed out.

As Bannon’s influence wanes, on the rise is a small group of Wall Street-connected advisers whose politically moderate and globalist views are anathema to the populist cause.

The palace intrigue intensified this week after Trump refused to say he still had confidence in Bannon and downplayed the former Breitbart chairman’s role in his campaign victory. And it’s feeding suspicions that the president is changing his priorities.

Rep. Steve King (R-Iowa), one of the president’s most vocal backers on Capitol Hill, said he’s been disheartened by the chief strategist’s isolation.

“A lot of us look at Steve Bannon as the voice of conservatism in the White House,” said King, who has known Bannon for years.

The displeasure over Bannon’s reduced status has trickled down to Trump’s grass-roots army of volunteers. Among those unsettled is Shane Bouvet, a 24-year-old campaign volunteer and blue-collar single father from Illinois who became something of a hero in the Trump movement. On the eve of the inauguration, Trump, who had read about how Bouvet trekked across the country by car so he could watch the swearing-in, gave him a check for $10,000.

Bouvet later said the gift saved the life of his father, who was battling cancer and needed the money to cover medical costs.

That day, Bouvet also was introduced to Bannon. The two spoke briefly, and Bouvet came to identify with the adviser who, like him, represented a “forgotten America” that Trump had appealed to with his blue-collar pitch. He said in an interview that he still supports the president, but is troubled by reports that Bannon is on the outs and that senior adviser Jared Kushner, a New York City real estate scion, is accumulating influence.

“I see a lot of people upset about his role,” Bouvet said of Bannon.

“I love our president,” he added. “I would tell him, follow his heart instead of whispers in his ears.”

On his South Florida-based radio show, Trump backer John Cardillo has begun to hear from listeners who are disillusioned with the rising influence of moderate staffers like Kushner and Gary Cohn, the Goldman Sachs executive-turned-Trump economic adviser.

For Cardillo, too, it’s been a letdown. During the 2016 Republican primary, he was attracted to Trump because of his insurgent streak. As a former New York City police officer, Cardillo identified with the candidate’s blue-collar style. He fell hard and got aboard the Trump train early, backing the insurgent candidate over home-state favorite Marco Rubio.

Trump voters “felt like they were voting for an anti-establishment candidate — and they’re terrified, they’re losing faith,” Cardillo said. “They’re saying, ‘Why does he have these people around him?’”

The gripes go beyond Bannon’s apparent downgrade. Many of Trump’s most stalwart supporters, including radio show hosts Michael Savage and Laura Ingraham, called last week’s bombing of Syria a betrayal of Trump’s pledge to be an “America First” commander in chief who would avoid unnecessary conflicts overseas.

Concerns about Trump’s foreign policy approach intensified on Wednesday when he backed away from his oft-repeated campaign line that NATO is “obsolete.” Instead, during an appearance with NATO Secretary General Jens Stoltenberg, Trump called the organization a “great alliance.”

Howie Carr, an influential Boston radio show host and a vocal Trump backer, said he’s been mostly satisfied with the president’s tenure so far. But he said he and his listeners weren’t on board with the Syria bombing and warned against a U.S.-led push to overthrow Syrian President Bashar Assad.

“People are concerned because it’s such a morass over there,” Carr said. “I don’t think any of my listeners have any great stomach for overthrowing Assad, as odious as he is.”

Other Trump boosters worry that he’s ditching his economic agenda. They wonder why he backed off his vow to label
China a currency manipulator, and are chagrined by his reversal on his position to eliminate the Export-Import Bank.

On Thursday, White House press secretary Sean Spicer took issue with the premise that Trump’s switch on labeling China a currency manipulator amounted to abandoning a campaign promise.

“The president’s tough talk … on a variety of subjects was to get results for the American people. That’s what he has pledged to do, to get more jobs here, to grow more manufacturing, to keep our country safe,” Spicer told reporters. “At the end of the day, this is always about developing a better situation for the American people, and I think he’s done that.”

Still others are concerned about Trump’s lack of progress on reforming the tax code.

Larry Kudlow, a veteran economist who advised Trump’s campaign, expressed dismay that the president hadn’t yet released a tax plan. He said he was beginning to wonder whether the president is about to walk back his pledge to cut taxes.

“What is their product?” Kudlow asked. “It doesn’t make any sense to me. I’m not giving up hope. But it’s looking very shaky to me.”

Conservative economist Stephen Moore, who also advised the Trump campaign, said he’s reached out to the White House about the lack of a tax package.

“They’re all over the map,” he said. “I don’t know if they’re listening or not.”

Then there’s immigration, the issue that catapulted Trump to front-runner status. Activists are increasingly alarmed that the president has yet to follow through on his pledge to rescind protections for undocumented parents and children put in place under former President Barack Obama.

Brenda Sparks, an “angel mom” whose son was killed by an illegal immigrant, appeared onstage with Trump at an August campaign event in Phoenix. She said he promised her that he would overturn the program known Deferred Action for Childhood Arrivals, or DACA, in short order.

While Sparks said she didn’t think it would be done immediately, “I had expected it before now.”

“I still support Trump, but I’m going to hold his feet to the fire,” she said. “He has not lived up to that promise.”

Michelle Dallacroce, an anti-immigration activist, is more pointed. Immigration is “why we voted for Donald Trump,” she said. “This could be the most elaborate reality show. I’m wondering, was this all an illusion for us, using our movement so he could get in there?”

Trump is hardly the first president to get crosswise with his supporters. After running on a promise to infuse Washington with change, Barack Obama faced sharp accusations from backers that he was moving too slowly to change the culture of the capitol. Governing, Obama learned, is a lot different than campaigning.

Not all of the president’s backers are disappointed. They point to his successful nomination of Supreme Court Justice Neil Gorsuch and his rollback of environmental regulations as early wins.

“There’s always going to be things that aren’t perfect, but it’s exciting,” said Ed Martin, a conservative leader in Missouri.

But as Trump evolves, some of his loyalists are beginning to compare him to another Republican who lost the support of the party’s base: Arnold Schwarzenegger. After being elected California governor in 2003, the former movie star took on entrenched Democratic interests, lost badly, then tacked sharply to the left.

http://www.politico.com/story/2017/04/trump-base-supporters-turn-on-him-237200

This week, some Trump die-hards passed around a column by conservative commentator Kurt Schlichter headlined: “Trump Can’t Let His Real or His Fake Friends Turn Him into Schwarzenegger Part 2.”

Schlichter, in an interview, said conservatives are fundamentally distrustful of Republican politicians who had often misled them. He urged the president to take some immediate actions, however small, to put his supporters at ease.

“You’ve got to understand the base. It’s like dating a girl whose father cheated on her mother. She’s always going to be suspicious,” he said. “He’s got to constantly provide wins because he’s got an emotionally damaged base that’s been abused.”

Within Trump’s inner circle, a moderate voice captures the president’s ear

April 13 at 7:58 PM
As power struggles and ideological battles engulfed the White House, an unlikely player is exercising new influence on the direction of President Trump’s administration.Gary Cohn, a former Goldman Sachs president, is capitalizing on his new position as director of Trump’s National Economic Council to push a centrist vision and court bipartisan support on some of Trump’s top agenda items such as tax reform and a $1 trillion infrastructure plan.The growing strength of Cohn and like-minded moderates was on display this week as Trump reversed himself on several high-profile issues — including a less confrontational approach to China, an endorsement of government subsidies for exports and the current leadership of the Federal Reserve. The president’s new positions move him much closer to the views of Cohn and others on Wall Street, not to mention mainstream Republicans and Democrats.It was the clearest sign yet that an alliance of moderates in the White House — including Cohn; senior adviser Jared Kushner, the president’s son-in-law; and another influential Goldman Sachs alumna, Dina Powell — is racking up successes in a battle over ideology and control with hardcore conservatives led by chief strategist Stephen K. Bannon, who held sway at the start of the administration.In a White House short on experienced personnel, Cohn has found an edge by hiring two dozen policy experts, most with government experience. His team produced detailed proposals on overhauling the tax code, rebuilding infrastructure, cutting back financial regulations and restructuring international trade deals. He is widely considered a future candidate to be chief of staff.

“Cohn might be a newbie to policy and Washington, but you have to give him credit for one thing,” said Gene Sperling, who held Cohn’s job during the Obama administration. “While others seemed engaged in ideological and ‘House of Cards’-like staff warfare, he quietly and quickly focused on the first rule of governing: He hired some competent, professional staff at the NEC, and it has paid off for him.”

Cohn now finds himself in the awkward — and politically risky — position of being praised by Democrats but shunned by conservative allies of Trump who see the former Goldman Sachs executive as anathema to the values that got Trump elected.

“From a pure political perspective, I do not know if the White House appreciates how Gary Cohn is a liability with the Republican and conservative base, as well as the Republican Congress,” said Sam Nunberg, a strategist on Trump’s 2016 campaign. “The Trump White House will always be held in suspicion when you have someone who’s consolidated full economic power in the White House who is also a liberal, New York Democrat.”

Cohn has been getting flak in the conservative media as he has risen in profile. Rush Limbaugh last week called him “a very ideological liberal Democrat” and a “trader at Goldman Sachs.” He expressed concern that Cohn and his allies in the White House “are starting to have sway” at Bannon’s expense.

Cohn, who declined to comment for this article, has given thousands of dollars to candidates from both parties, including President Barack Obama and former candidate Hillary Clinton.

White House aides say Cohn has done well because Trump sees him, more than anything else, as a dealmaker. Cohn represents a bloc of White House officials who are working harder than before to court Democratic support for key parts of Trump’s agenda, having seen the Republican Party splinter during the health-care debate.

“I’m not a Democrat, and I’m not a Republican,” Cohn often says in meetings with business executives, according to two people familiar with his exchanges. “I just want to get things done.”

People who have met with Cohn in his new role said they weren’t aware of what his ideology was. He just seemed driven to forge agreements.

That philosophy has led Cohn to show enthusiasm for ideas such as a new tax on carbon — a Democrat-friendly idea which would raise revenue to ease tax reform, a top presidential priority, while also helping to curb carbon emissions. The idea is ridiculed by many conservatives on Capitol Hill, and the White House rapidly distanced itself last week after word leaked that senior officials were studying the concept.

“I think the National Economic Council has done a terrible job,” said Larry Kudlow, who was one of Trump’s top economic advisers during the campaign. “It’s the NEC’s job to put a plan together and show the president options and make decisions. So far, I would say they are way behind the eight ball.”

But even as the legislative agenda struggles to gain momentum, Cohn and his allies are having a clear impact on the president’s thinking. In the past week, Trump reversed his earlier statements and said he supported the Export-Import Bank, would not declare China a “currency manipulator” and said flattering things about Federal Reserve Board Chair Janet L. Yellen.

Conservatives took aim at the Ex-Im Bank and the Fed throughout much of Obama’s term, while Trump, as part of his tough trade rhetoric, promised to go after China’s currency practices on Day One of his administration.

Cohn’s stature among the top advisers is notable because he is one of the few who played no role in the campaign. Cohn, who grew up in a middle-class family and struggled in a number of schools because of dyslexia, graduated from American University and took a job with U.S. Steel in Ohio. During a trip to New York, he coaxed a well-dressed senior Wall Street executive into sharing a cab with him to the airport, acting as if he knew financial markets (he knew virtually nothing), according to an interview he gave author Malcolm Gladwell. Cohn schmoozed his way into his first Wall Street job and then climbed the ranks, eventually becoming Goldman’s president and chief operating officer.

While friends say he loves his new job, they say Cohn also holds the traditions of Washington in low regard.

At a recent dinner with friends in New York, he called Washington a “s—show,” according to a person familiar with the exchange.

Cohn has not tried to shirk his past at Goldman Sachs or hide his lavish lifestyle. He recently had drinks at the Four Seasons with Goldman Sachs chief executive Lloyd Blankfein, and shortly after the failure of the House GOP health-care legislation, he went on vacation in the Bahamas.

If he is able to deflect the growing criticism from hardcore conservatives, White House officials say Cohn will have a strong future as a Trump adviser given his experience and the deep bench of experts he has established.

This includes DJ Gribbin, an infrastructure expert, and Shahira Knight, a former congressional aide on tax policy who joined the White House from Fidelity Investments.

Other top members of the team include Kenneth Juster, who is slated to play a top White House role in international negotiations; Jeremy Katz, a former White House official in the George W. Bush administration; and Ray Starling, who works on agriculture issues and was formerly the general counsel for the North Carolina Department of Agriculture and Consumer Services.

While Cohn has met with lawmakers from both parties and executives from numerous companies in his role, he rarely telegraphs what the White House plans to do.

One exception came last week, when — during a gathering of chief executives — he went into great detail about how the U.S. air-traffic-control system needed to be reworked.

He quickly moved through a technical discussion on why the United States should scrap its land-based radar system and adopt a global-positioning system, suggesting he had already devoted time to the topic. He said their approach would save 25 percent of the jet fuel consumed each year.

“We are going to cut flight times down fairly dramatically,” he told the executives. “We are going to cut the experience down. We are going to cut tarmac time down.”

His penchant for dealmaking has even attracted the admiration of Office of Management and Budget Director Mick Mulvaney, a tough fiscal conservative and longtime critic of government spending. Cohn, working to fulfill Trump’s pledge to spend billions to rebuild infrastructure, has toyed with an idea that would pair $200 billion in taxpayer money with $800 billion in additional funds, mostly from private investors.

“You’ve got to give these Goldman Sachs guys credit,” Mulvaney said this week on CNBC about Cohn’s plan. “They know how to lever up.”

https://www.washingtonpost.com/business/economy/within-trumps-inner-circle-a-moderate-voice-captures-the-presidents-ear/2017/04/13/7a7f87b0-1fa7-11e7-be2a-3a1fb24d4671_story.html?utm_term=.0024e13db393

Steve Bannon

From Wikipedia, the free encyclopedia
  (Redirected from Steve bannon)
Steve Bannon
Steve Bannon by Gage Skidmore.jpg

Bannon at the 2017 CPAC
White House Chief Strategist
Assumed office
January 20, 2017
President Donald Trump
Preceded by Position established
Senior Counselor to the President
Assumed office
January 20, 2017
Serving with Kellyanne Conway
(Counselor to the President)
President Donald Trump
Preceded by John Podesta (2015)
Personal details
Born Stephen Kevin Bannon
November 27, 1953 (age 63)
Norfolk, Virginia, U.S.
Political party Republican
Spouse(s) Cathleen Houff Jordan
(divorced)
Mary Piccard (1995–1997)
Diane Clohesy (divorced 2009)
Children 3
Education Virginia Tech (BA)
Georgetown University (MA)
Harvard University (MBA)
Military service
Allegiance  United States
Service/branch  United States Navy
Years of service 1976–1983
Rank Lieutenant (O-3)[1][a]

Stephen Kevin “Steve” Bannon (born November 27, 1953) is an American political aide, and former media executive and film producer, who is currently the White House Chief Strategist in the Trump administration.[2] In this capacity, he attended the Principals Committee of the U.S. National Security Council from January 28, 2017[3] to April 5, 2017.[4][5]

On August 17, 2016, in the later months of the campaign, Bannon joined the Donald Trump’s 2016 presidential bid, taking the position of chief executive officer.[6][7] Prior to taking a leave of absence in August 2016, he had been executive chair of Breitbart News, a far-right[i] news, opinion, and commentary website[17][18] which he described in 2016 as “the platform for the alt-right“.[I]

Bannon was previously a US Navy officer, a Goldman Sachs banker, a radio host, a research director, a film producer and then a media executive. He was an officer in the United States Navy for seven years in the late 1970s and early 1980s, serving on the destroyer USS Paul F. Foster as well as at the Pentagon. After his military service, he worked at Goldman Sachs as an investment banker in the Mergers and Acquisitions Department. When he left the company, Bannon held the position of vice president. In 1993, he was made acting director of the Earth-science research project Biosphere 2. In the 1990s, he became an executive producer in the Hollywood film and media industry and has produced 18 films since 1991.

Early life, family and education

Stephen Kevin Bannon was born on November 27, 1953, in Norfolk, Virginia, to Doris (née Herr) and Martin Bannon, a telephone lineman, later in middle management.[26][27] His working class, Irish Catholic family was pro-Kennedy, pro-union Democrat.[28][29] After serving as president of the student government association,[30] he graduated from Virginia Tech in 1976 with a bachelor’s degree in urban planning and holds a master’s degree in national security studies from Georgetown University School of Foreign Service. In 1985,[33] Bannon received a Master of Business Administration degree with honors[34] from Harvard Business School.[35]

Service as naval officer

Bannon was an officer in the United States Navy for seven years in the late 1970s and early 1980s, serving on the destroyer USS Paul F. Foster as a surface warfare officer in the Pacific Fleet and, afterwards stateside as a special assistant to the Chief of Naval Operations at the Pentagon.[36] Bannon’s job at the Pentagon were among other things handling messages between senior officers and writing reports about the state of the Navy fleet worldwide.[37]

Upon his departure he was ranked as a lieutenant (O-3).[1][a]

Business career

Investment banking

After his military service, Bannon worked at Goldman Sachs as an investment banker in the Mergers and Acquisitions Department.[39] When he left the company he held the position of vice president.[40][b]

In 1990, Bannon and several colleagues from Goldman Sachs launched Bannon & Co., a boutique investment bank specializing in media. In one of Bannon & Co.’s transactions, the firm represented Westinghouse Electric which wanted to sell Castle Rock Entertainment.[34] Bannon negotiated a sale of Castle Rock to CNN, which was owned by Ted Turner at the time.[42]Instead of a full adviser’s fee, Bannon & Co. accepted a financial stake in five television shows, including Seinfeld, which was in its third season. Bannon still receives cash residuals each time Seinfeld is aired.[42] Société Générale purchased Bannon & Co. in 1998.[34]

Earth science

In 1993, while still managing Bannon & Co., Bannon was made acting director of the Earth-science research project Biosphere 2 in Oracle, Arizona. Under Bannon, the closed-system experiment project shifted emphasis from researching human space exploration and colonization toward the scientific study of earth’s environment, pollution and climate change. He left the project in 1995.[43][44]

Entertainment and media

Bannon in 2010

In the 1990s, Bannon ventured into the entertainment and media industry. He became an executive producer in the Hollywood film and media industry. Bannon produced 18 films,[27] from the 1991 Sean Penn drama The Indian Runner to Julie Taymor‘s 1999 film Titus. Bannon became a partner with entertainment industry executive Jeff Kwatinetz at The Firm, Inc., a film and television management company.[34]

In 2004, Bannon made a documentary about Ronald Reagan titled In the Face of Evil. Through the making and screening of this film, Bannon was introduced to Reagan’s War author Peter Schweizer and publisher Andrew Breitbart, who would later describe him as the Leni Riefenstahl of the Tea Party movement.[34] He was involved in the financing and production of a number of films, including Fire from the Heartland: The Awakening of the Conservative Woman, The Undefeated, and Occupy Unmasked.

Bannon persuaded Goldman Sachs to invest, in 2006, in a company known as Internet Gaming Entertainment.[45] Following a lawsuit, the company rebranded as Affinity Media and Bannon took over as CEO. From 2007 through 2011, Bannon was the chair and CEO of Affinity Media.[46][47]

In 2007, Bannon wrote an eight-page treatment for a new documentary called Destroying the Great Satan: The Rise of Islamic Facism (sic) in America. The outline describes Council on American-Islamic Relations and the Islamic Society of North America as “cultural jihadists” and describes the Washington Post, the New York Times, NPR, “Universities and the Left”, the “American Jewish Community“, the ACLU, the CIA, the FBI, the State Department, and the White House as “enablers” of a covert mission to establish an Islamic Republic in the United States.[48] In 2011, Bannon spoke at the “Liberty Restoration Foundation” in Orlando, Florida about the Economic Crisis of 2008, the Troubled Assets Relief Program and their impact in the origins of the Tea Party movement, while also discussing his films Generation Zero and The Undefeated.[49]

Bannon was executive chair and co-founder of the Government Accountability Institute, a tax-exempt 501(c)(3) organization, where he helped orchestrate the publication of Breitbart News senior editor-at-large[50] Peter Schweizer’s book Clinton Cash,[34][51] from its founding in 2012 until he left in August 2016.[52] For the years 2012 through 2015, he received between $81,000 and $100,000 each year; the organization reported that he worked an average of 30 hours per week for the organization.[52] He has also worked as vice president of Cambridge Analytica‘s board, a data-analytics firm owned largely by the Mercer family;[53] said family are also co-owners of Breitbart News.[54]

In 2015, Bannon was ranked No. 19 on Mediaite‘s list of the “25 Most Influential in Political News Media 2015”.[55]

Bannon also hosted a radio show (Breitbart News Daily) on the SiriusXM Patriot satellite radio channel.[56]

Breitbart News

Main article: Breitbart News

Bannon was a founding member of the board of Breitbart News,[57] an online far-right news, opinion and commentary website which, according to Philip Elliott and Zeke J. Miller of Time, has “pushed racist, sexist, xenophobic and anti-Semitic material into the vein of the alternative right“.[17]

In March 2012, after founder Andrew Breitbart‘s death, Bannon became executive chair of Breitbart News LLC, the parent company of Breitbart News.[58][59][60] Under his leadership, Breitbart took a more alt-right and nationalistic approach toward its agenda.[61] Bannon declared the website “the platform for the alt-right” in 2016.[19] Bannon identifies as a conservative.[62][63][64] Speaking about his role at Breitbart, Bannon said: “We think of ourselves as virulently anti-establishment, particularly ‘anti-‘ the permanent political class.”[65]

In 2016, Ronald Radosh claimed in The Daily Beast that Bannon had told him earlier, in a book party on November 12, 2013, that he was a Leninist, in that “Lenin wanted to destroy the state, and that’s my goal too. I want to bring everything crashing down, and destroy all of today’s establishment”.[66] While Snopes considers this claim unproven,[67] other media such as Time magazine and The Guardian have reported or discussed it.[68][69]

In a 2014 speech to a Vatican conference, Bannon made a passing reference to Julius Evola, a twentieth-century, Nazi-linked Italian writer who influenced Mussolini‘s Italian Fascism and promoted the Traditionalist School, described by a New York Times writer as “a worldview popular in far-right and alternative religious circles that believes progress and equality are poisonous illusions.”[70] In referring to the associated views of Vladimir Putin, who is influenced by Evola follower Aleksandr Dugin, Bannon stated “We, the Judeo-Christian West, really have to look at what he’s talking about as far as Traditionalism goes — particularly the sense of where it supports the underpinnings of nationalism.”[70] He has likewise quoted French anti-Enlightenment writer Charles Maurras approvingly to a French diplomat.[71][72]

Starting in 2015, Bannon has frequently referenced controversial, allegedly racist 1973 French novel The Camp of the Saints, which depicts immigration destroying Western civilization.[73]

Political career

Donald Trump campaign

On August 17, 2016, Bannon was appointed chief executive of Donald Trump‘s presidential campaign; he left Breitbart, as well as the Government Accountability Institute[52] and Cambridge Analytica,[74] to take the job, and shortly after the chairman of the Trump campaign, Paul Manafort, was dismissed.[59][62][75][76][58]

Protests against Bannon’s appointment

Following Trump’s election, on November 13 Bannon was appointed chief strategist and senior counselor to President-elect Donald Trump.[77]This appointment drew opposition from the Anti-Defamation League (ADL), the Council on American–Islamic Relations, the Southern Poverty Law Center, Democrat Senate Minority Leader Harry Reid, and some Republican strategists, because of statements in Breitbart News that were alleged to be racist or antisemitic.[6][7][78][79][80]

Ben Shapiro,[80][81][82] David Horowitz,[83] Pamela Geller,[84] Bernard Marcus of the Republican Jewish Coalition,[85] Morton Klein[86] and the Zionist Organization of America,[85] and Rabbi Shmuley Boteach[87] defended Bannon against the allegations of antisemitism. Alan Dershowitz first defended Bannon and said there was no evidence he was antisemitic,[88][89] but in a later piece stated that Bannon and Breitbart had made bigoted statements against Muslims, women, and others.[90] The ADL said “we are not aware of any anti-Semitic statements from Bannon”, while adding “under his stewardship, Breitbart has emerged as the leading source for the extreme views of a vocal minority who peddle bigotry and promote hate.”[91] Shapiro, who previously worked as an editor-at-large at Breitbart, said that he has no evidence of Bannon being racist or an antisemite, but that he was “happy to pander to those people and make common cause with them in order to transform conservatism into European far-right nationalist populism”,[92] an assertion supported by other sources and by gestures like his alluding to Front National politician Marion Maréchal-Le Pen as “the new rising star”.[93]

On November 15, 2016, U.S. Representative David Cicilline of Rhode Island released a letter to Trump signed by 169 Democratic House Representatives urging him to rescind his appointment of Bannon. The letter stated that appointing Bannon “sends a disturbing message about what kind of president Donald Trump wants to be”,[94][95][96] because his “ties to the White Nationalist movement have been well documented”; it went on to present several examples of Breitbart News’ alleged xenophobia.[97] Bannon denied being a white nationalist and claimed, rather, that he is an “economic nationalist.”[98]

On November 18, during his first interview not conducted by Breitbart Media since the 2016 presidential election, Bannon remarked on some criticisms made about him stating that “Darkness is good: Dick Cheney. Darth Vader. Satan. That’s power. It only helps us when they get it wrong. When they’re blind to who we are and what we’re doing.”[99][100] The quote was published widely in the media.[99][101][102][103]

Trump responded to the ongoing controversy over Bannon’s appointment in an interview with The New York Times by saying “I’ve known Steve Bannon a long time. If I thought he was a racist, or alt-right, or any of the things that we can, you know, the terms we can use, I wouldn’t even think about hiring him.”[104]

Trump administration

Bannon and other advisors watching Trump sign an executive order.

White House Chief Strategist Steve Bannon shake hands with WH Chief of Staff Reince Priebus at 2017 CPAC

Several days after Donald Trump’s inauguration, Bannon told an American newspaper, “The media should be embarrassed and humiliated and keep its mouth shut and just listen for a while. I want you to quote this: the media here is the opposition party. They don’t understand this country. They still do not understand why Donald Trump is the president of the United States.”[105]

Bannon, along with Stephen Miller, was involved in the creation of Executive Order 13769, which resulted in restricted U.S. travel and immigration by individuals from seven countries, suspension of the United States Refugee Admissions Program (USRAP) for 120 days, and indefinite suspension of the entry of Syrians to the United States.[106][107]

At the end of January 2017, in a departure from the previous format of the National Security Council (NSC), the holder of Bannon’s position, along with that of the Chief of Staff, were designated by presidential memorandum as regular attendees to the NSC’s Principals Committee, a Cabinet-level senior interagency forum for considering national security issues.[3][108][109] The enacted arrangement was criticised by several members of previous administrations and was called “stone cold crazy” by Susan E. Rice, Barack Obama’s last national security adviser.[110] In response, White House spokesman Sean Spicer pointed to Bannon’s seven years experience as a Navy officer in justifying his presence on the Committee.

File:Bannon Says Corporatist Global Media Opposed to Economic Nationalist Agenda.webmhd.webm

‘Bannon Says Corporatist Global Media Opposed to Economic Nationalist Agenda’ video from Voice of America, recorded at the Conservative Political Action Conference 2017

In February 2017, Bannon appeared on the cover of Time, on which he was labeled “the Great Manipulator”.[111] The headline used for the associated article was “Is Steve Bannon the Second Most Powerful Man in the World?”, alluding to Bannon’s perceived influence in the White House.[112] In an interview with The Hollywood Reporter in the aftermath of the 2016 election, Bannon analogized his influence to that of “Thomas Cromwell in the court of the Tudors“.[113][114][115]

Bannon was removed from his NSC role in early April 2017 in a reorganization by National Security Advisor H. R. McMaster, who Bannon had helped select.[4] Some White House officials said Bannon’s main purpose of serving on the committee was as a check against former National Security Advisor Michael T. Flynn, who had resigned in February 2017 for misleading the vice president about a conversation with the Russian operatives.[116][5] Hence, with Flynn gone, Bannon was no longer needed.[4] Bannon reportedly opposed his removal from the council and threatened to quit if president Trump went forward with it, although Republican megadonor Rebekah Mercer urged him to stay.[53] The White House said Bannon had not attempted to leave, and Bannon said any indication that he threatened resignation was “total nonsense”.[117] Bannon had only attended one NSC meeting.[118]

Personal life

Bannon has been married and divorced three times. He has three adult daughters.

His first marriage was to Cathleen Suzanne Houff.[119] Bannon and Houff had a daughter, Maureen, in 1988 and subsequently divorced.[120][78]

Bannon’s second marriage was to Mary Louise Piccard, a former investment banker, in April 1995. Their twin daughters were born three days after the wedding. Piccard filed for dissolution of their marriage in 1997.[121][122]

Bannon was charged with misdemeanor domestic violence, battery and dissuading a witness in early January 1996 after Piccard accused Bannon of domestic abuse. The charges were later dropped when his now ex-wife did not appear in court.[123] In an article in The New York Times Piccard stated her absence was due to threats made to her by Bannon and his lawyer:

Mr. Bannon, she said, told her that “if I went to court he and his attorney would make sure that I would be the one who was guilty” … Mr. Bannon’s lawyer, she said, “threatened me,” telling her that if Mr. Bannon went to jail, she “would have no money and no way to support the children.” … Mr. Bannon’s lawyer … denied pressuring her not to testify.[124]

Piccard and Bannon divorced in 1997. During the divorce proceedings, Piccard alleged that Bannon had made antisemitic remarks about choice of schools, saying that he did not want to send his children to The Archer School for Girls because there were too many Jews at the school and Jews raise their children to be “whiny brats”. Bannon’s spokesperson denied the accusation noting that he had chosen to send both his children to the Archer School.[123][125][126][127][128]

Bannon’s third marriage was to Diane Clohesy; they divorced in 2009.[129]

Lebanese-American author Nassim Nicholas Taleb, neoreactionary blogger Curtis Yarvin and conservative intellectual Michael Anton have been pointed out as three of the main influences in Steve Bannon’s political thinking, alongside the William Strauss and Neil Howe book The Fourth Turning (which directly inspired Bannon’s film Generation Zero).[130]

Filmography

Bannon has been a producer, writer or director on the following films and documentaries:

Year Title Credited as Notes
1991 The Indian Runner[131] executive producer
1999 Titus[132] co-executive producer
2004 In the Face of Evil: Reagan’s War in Word and Deed[133] director, co-producer, writer based on the 2003 book Reagan’s War by Peter Schweizer
2005 Cochise County USA: Cries from the Border executive producer
2006 Border War: The Battle Over Illegal Immigration executive producer
2007 Tradition Never Graduates: A Season Inside Notre Dame Football executive producer
2009 The Chaos Experiment executive producer
2010 Generation Zero[134] director, producer, writer based on the 1997 book The Fourth Turning by William Strauss and Neil Howe[68]
Battle for America[135] director, producer, writer
Fire from the Heartland: The Awakening of the Conservative Woman[135] director, producer, writer
2011 Still Point in a Turning World: Ronald Reagan and His Ranch[136][137] director, writer
The Undefeated[135][138] director, producer, writer about Sarah Palin
2012 Occupy Unmasked[139] director, writer
The Hope & The Change[140] director, producer, writer
District of Corruption director, producer
2013 Sweetwater[141] executive producer
2014 Rickover: The Birth of Nuclear Power executive producer
2016 Clinton Cash producer, writer based on the similarly titled Peter Schweizer book
Torchbearer director, producer, writer features Duck Dynasty patriarch Phil Robertson[142]

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

 

 

Jared Kushner

From Wikipedia, the free encyclopedia
Jared Kushner
Jared Kushner cropped.jpg
Director of the Office of American Innovation
Assumed office
March 27, 2017
President Donald Trump
Preceded by Position established
Senior Advisor to the President
Assumed office
January 20, 2017
Serving with Stephen Miller
President Donald Trump
Preceded by Brian Deese
Valerie Jarrett
Shailagh Murray
Personal details
Born Jared Corey Kushner
January 10, 1981 (age 36)
Livingston, New Jersey, U.S.[1]
Political party Democratic[2]
Spouse(s) Ivanka Trump (m. 2009)
Relations Charles Kushner (Father)
Joshua Kushner (Brother)
Murray Kushner (Uncle)
Children 3
Education Harvard University (BA)
New York University (JD, MBA)
Religion Judaism

Jared Corey Kushner (born January 10, 1981) is an American real estate investor and developer, publisher, and senior advisor to his father-in-law, President Donald Trump. Together with Chief of Staff Reince Priebus and Chief Strategist Steve Bannon he formed Trump’s leadership team. Kushner is said to be President Trump’s most trusted advisor, showing “unwavering loyalty” to his father-in-law.[3]

He was principal owner of the real estate holding and development company Kushner Companies and of Observer Media, publisher of the weekly, on-line New York Observer. On January 9, 2017, Kushner was named to be a Senior White House Adviser to his father-in-law, President Donald Trump. As a result, Kushner resigned as CEO of his family’s real estate company and as publisher of the Observer.[4] He also divested “substantial assets”.[5]

Kushner is the elder son of American real estate developer Charles Kushner and is married to Donald Trump’s daughter Ivanka Trump. He was among the senior advisors to Trump’s presidential campaign. Peter Thiel said “If Trump was the CEO, Jared was effectively the chief operating officer.”[6] Kushner played the largest role in developing and running Trump’s digital media strategy.[7][8][9]

In 2007, Kushner’s father and CEO made the most expensive single-building property purchase in U.S. history, acquiring 666 Fifth Avenue for $1.8 billion.[10] In 2011, Kushner brought in Vornado Realty Trust as a 50% equity partner in the ownership of the building.[11]

Family history, early life and education

Kushner was born in Livingston, New Jersey, and is the elder son of Seryl Kushner (née Stadtmauer) and real estate developer Charles Kushner.[12][13] His paternal grandparents, Rae and Joseph Kushner, were Holocaust survivors who came to the U.S. from Poland[a] in 1949.[14]His grandmother Rae Kushner was born in Novogrudek, in what is now Belarus.[15] Joseph became a prominent real estate businessman.[16][17]

He has a brother, Joshua (also a businessman), and two sisters, Nicole and Dara. He is also a nephew of Murray Kushner, the owner of Kushner Real Estate Group. Kushner Real Estate Group is separate from Kushner Companies, which Murray Kushner started in 2000.[16]

Kushner was raised in a Modern Orthodox Jewish family in New Jersey.[18] He graduated from the Frisch School, a private, coed yeshiva high school, in 1999. According to a spokeswoman for Kushner Companies, he was an honors student and a member of the debate, hockey, and basketball teams while at Frisch.[19]

In 2003, Kushner graduated cum laude from Harvard College with a Bachelor of Arts degree[20][21] in government.[22] He lived in Kirkland House.[23] While a student at Harvard, Kushner was a member of the Fly Club and bought and sold buildings in Somerville, Massachusetts, earning a $20 million profit.[24]

In 2007, Kushner graduated from New York University where he earned a J.D. and an M.B.A.;[25] He interned at Manhattan District AttorneyRobert Morgenthau‘s office and Paul, Weiss, Rifkind, Wharton & Garrison LLP.[26]

Business career

Real estate

Kushner Companies purchased 666 Fifth Avenue in 2007 for $1.8 billion, the most expensive single property purchase in US history at the time.[27]

In May 2015, Kushner purchased a majority stake of One Times Square for $295 million.[28]

According to Forbes, in 2017 Jared Kushner and his parents had a personal fortune of around $1.8 billion.[29] Kushner is a real estate investor, and has increased the Kushner Companies’ presence in the New York City real estate market as a principal in his family’s real estate company.[30] His father, Charles Kushner, was arrested on charges of tax evasion, illegal campaign donations, and witness tampering in 2004, and was eventually convicted on all charges (by the then U.S. Attorney Chris Christie)[31] and sentenced to two years in federal prison.[32]

Kushner Companies purchased the office building at 666 Fifth Avenue in 2007, for a then-record price of $1.8 billion, most of it borrowed.[27] However, following the property crash in 2008, the cash flow generated by the property was insufficient to cover its debt service, and the Kushners were forced to sell the retail portion in the building to Stanley Chera for more than $1 billion[33] and bring in Vornado Realty Trust as a 50% equity partner in the ownership of the building.[11]

He assumed the role of CEO of Kushner Companies in 2008.[31] On August 18, 2014, Kushner acquired a three-building apartment portfolio in Middle River, Maryland, for $37.9 million with Aion Partners. In 2013–14, he and his company acquired more than 11,000 units throughout New York, New Jersey, and the Baltimore area.[34] In May 2015, he purchased 50.1% of the Times Square Building from Africa Israel Investments Ltd. for $295 million.[28]

In 2015, Kushner scored spot No. 25 on Fortune Magazine’s 40 under 40 list ranking the most influential young people in business.[35]

Newspaper publishing

At age 25, Kushner purchased the New York Observer, a weekly New York City newspaper, for $10 million,[36] using money he says he earned during his college years by closing deals on residential buildings in Somerville, Massachusetts, with family members providing the backing for his investments.[37]

After purchasing the Observer, Kushner published it in tabloid format.[38] Since then, he has been credited with increasing the Observers online presence and expanding the Observer Media Group.[39][40] With no substantial experience in journalism, Kushner could not establish a good relationship with the newspaper’s veteran editor-in-chief, Peter W. Kaplan.[41] “This guy doesn’t know what he doesn’t know,” Kaplan remarked about Kushner, to colleagues, at the time. [41] As a result of his differences with Kushner, Kaplan quit his position. Kaplan was followed by a series of short-lived successors until Kushner hired Elizabeth Spiers in 2011.[42] In December 2011, the New York Post reported that the Observer expected to become profitable for the first time.[43] Spiers left the newspaper in 2012. In January 2013, Kushner hired a new editor-in-chief, Ken Kurson. Kurson had been a consultant to Republican political candidates in New Jersey[42] and one-time member of Rudy Giuliani‘s unsuccessful 2008 presidential primary campaign.

According to Vanity Fair, under Kushner, the “Observer has lost virtually all of its cultural currency among New York’s elite, but the paper is now profitable and reporting traffic growth … [it] boasts 6 million unique visitors per month, up from 1.3 million in January 2013″.[44] In April 2016, the New York Observer became one of only a handful of newspapers to officially endorse United States presidential candidate Donald Trump in the Republican primary, but the paper ended the campaign period by choosing not to back any presidential candidate at all.[45][46]

Kushner stepped down from his newspaper role in January 2017 to pursue a role in President Donald Trump’s administration. He was replaced by his brother-in-law, Joseph Meyer.[47]

Los Angeles Dodgers bid

In February 2012, Kushner put in a bid to acquire the MLB team the Los Angeles Dodgers.[48] He withdrew his bid in March 2012.[49]

Political activity

Earlier career and family history

Jared Kushner had been a life-long Democrat and had made major donations to its candidates for years before reportedly undergoing an “ideological conversion” and supporting the 2015–16 Trump campaign.[50][51][52][53] Kushner has had no prior involvement in campaign politics or in government before his father-in-law, Trump’s, campaign.[54]

Trump presidential campaign

From the outset of the presidential campaign of his father-in-law Donald Trump, Kushner was the architect of Trump’s digital, online and social media campaigns, enlisting talent from Silicon Valley to run a 100-person social-media team dubbed “Project Alamo”.[8] Kushner has also helped as a speechwriter and was tasked with working to establish a plan for Trump’s White House transition team should he be elected.[55] He was for a time seen as Trump’s de facto campaign manager, succeeding Corey Lewandowski, who was fired in part on Kushner’s recommendation in June 2016.[56] He has been intimately involved with campaign strategy, coordinating Trump’s visit in late August to Mexico and he was believed to be responsible for the choice of Mike Pence as Trump’s running mate.[8][57] Kushner’s “sprawling digital fundraising database and social media campaign” has been described as “the locus of his father-in-law’s presidential bid”.[58]

According to Eric Schmidt, “Jared Kushner is the biggest surprise of the 2016 election, Best I can tell, he actually ran the campaign and did it with essentially no resources.”[6] Eric Schmidt said, “Jared understood the online world in a way the traditional media folks didn’t. He managed to assemble a presidential campaign on a shoestring using new technology and won. That’s a big deal. Remember all those articles about how they had no money, no people, organizational structure? Well, they won, and Jared ran it.”[6] Peter Thiel said “If Trump was the CEO, Jared was effectively the chief operating officer.”[6]

On July 5, 2016, Kushner wrote an open letter in the New York Observer addressing the controversy around a tweet from the Trump campaign containing allegedly antisemitic imagery. He was responding to his own paper’s editorial by Dana Schwartz criticizing Kushner’s involvement with the Trump campaign.[59] In the letter, Kushner wrote, “In my opinion, accusations like “racist” and “anti-Semite” are being thrown around with a carelessness that risks rendering these words meaningless.”[60]

Trump presidential transition

During the presidential transition, Kushner was said to be his father-in-law’s “confidant”[61] and one of Donald Trump’s closest advisors, even more so than Trump’s four adult children.[62]Trump was reported to have requested the top-secret security clearance for him to attend the Presidential daily intelligence briefings as his staff-level companion, along with General Mike Flynn who already had the clearance prior to his resignation.[63]

The Washington Post, New York Times and numerous other national news authorities explain Kushner was an influential factor behind the firing of New Jersey governor Chris Christie as head of the transition team, as well as the dismissal from the Donald Trump transition team of anyone connected to Christie.[64][65] A source familiar with the Trump campaign explained that “Jared doesn’t like Christie. He’s always held [the prosecution of his father, Charles Kushner] against Christie.”[66] Kushner told Forbes that the reports that he was involved in Christie’s dismissal were false: “Six months ago Governor Christie and I decided this election was much bigger than any differences we may have had in the past, and we worked very well together. The media has speculated on a lot of different things, and since I don’t talk to the press, they go as they go, but I was not behind pushing out him or his people.”[67]

Senior Advisor to President Trump

Japanese PM Shinzō Abe, Jared Kushner, Ivanka, and President Trump, November 17, 2016

In January 2017, Kushner was named a Senior White House Advisor to President Trump. Kushner’s appointment was questioned on the basis of a 1967 anti-nepotism law.[68] On January 20, 2017 the Department of Justice Office of Legal Counsel issued an opinion stating “the President may appoint relatives to his immediate staff of advisors.”[69][70] Kushner was sworn in on January 22, 2017.[71]

Trump put Kushner in charge of brokering peace in Israeli–Palestinian conflict as well as making deals with foreign countries, although in what way he is in charge is unclear.[72][73][74] Furthermore, after Donald Trump became President-elect, Kushner and his wife met with Japanese Prime Minister and other Japanese officials while his wife was conducting a licensing deal between her namesake clothing brand and a Japanese government-owned company.[75] His wife sat in on a meeting between her father, then President-elect Donald Trump and Japan’s Prime Minister Shinzo Abe.[76] In February 2017, his wife Ivanka Trump was a surprise attendee at the Chinese Embassy’s New Year’s party.[77] In late March 2017 he was also given the new role of leading the “White House Office of American Innovation”.[78][79]

Personal life

Kushner married Ivanka Trump, daughter of businessman and U.S. president Donald Trump, in a Jewish ceremony on October 25, 2009.[80][81] They are Modern Orthodox Jews, keep a kosher home, and observe Shabbat.[82][83][84] Jared and Ivanka have three children: Arabella Rose, Joseph Fredrick and Theodore James.[85]

Notes

Gary Cohn (investment banker)

From Wikipedia, the free encyclopedia
This article is about the business executive. For others, see Gary Cohn (disambiguation).
Gary Cohn
Gary D. Cohn - World Economic Forum Annual Meeting Davos 2010.jpg
11th Director of the National Economic Council
Assumed office
January 20, 2017
President Donald Trump
Preceded by Jeffrey Zients
Personal details
Born August 27, 1960 (age 56)
Political party Democratic
Spouse(s) Lisa Pevaroff
Children 3
Education American University (BA)

Gary D. Cohn (born August 27, 1960) is an American investment banker and political figure. He is the chief economic advisor to President Donald Trump and Director of the National Economic Council.[1][2] He was formerly the president and chief operating officer of Goldman Sachs from 2006 to 2017. Cohn is a registered Democrat, but has donated extensively to the Republican Party.[3]

Early life and education

Gary Cohn was born to an Eastern European Jewish family,[4][5] the son of Victor and Ellen Cohn;[6] and was raised in Shaker Heights, Ohio. His father was an electrician who later became a real estate developer.[7] Cohn was diagnosed with dyslexia at a young age and attended four schools by the time he reached the sixth grade.[8] Cohn studied at Gilmour Academy, and received his bachelor’s degree from American University‘s Kogod School of Business.[7]

National Economic Council director

On January 20, 2017 Cohn took office as Director of the National Economic Council (NEC) in President Donald Trump‘s administration, a position which did not require Congressional confirmation. By February 11, 2017, The Wall Street Journal described Cohn as an “economic-policy powerhouse”[9][10] and The New York Times called him Trump’s “go-to figure on matters related to jobs, business and growth”.[11] With the confirmation of Trump’s December 12, 2016 nominee for Secretary of Treasury, Steven Mnuchin, being held back by Congressional hearings, Cohn filled in the “personnel vacuum” and pushed “ahead on taxes, infrastructure, financial regulation and replacing health-care law”.[9] Had Cohn stayed at Goldman Sachs, some believed he would have become CEO when Lloyd Blankfein vacated that office.[9] His severance package at Goldman Sachs amounted to $285 million.[12] Additionally, Cohn sold a stake valued at $16 million in the Industrial and Commercial Bank of China, the world’s largest bank as of 2017.[13]

Cohn supports reinstating the Glass-Steagall legislation, which would separate commercial and investment banking.[14]

Career

Cohn started his career at the U.S. Steel home products division in Cleveland, Ohio.[15] After a few months, he left U.S. Steel and started his career as an options dealer in the New York Mercantile Exchange.[15] He taught himself the basics of options by reading about it in the days between meeting the hiring manager and joining the New York Mercantile Exchange.[16]

Goldman Sachs

Cohn was recruited by Goldman Sachs in 1990.[17] In 1996, he was named head of the commodities department and in 2002, he was named the head of the entire Fixed Income, Currency and Commodities Division (FICC) division. In 2003, he was named co-head of Equities and in January 2004, Cohn was named the co-head of global securities businesses .[18] He became President and Co-Chief Operating Officer and director in June 2006.[19]

In late 2009, Cohn led a delegation from Goldman Sachs to meetings with the government of Greece, which included proposals (that were not adopted) to push debt-due dates far into the future, “much as when strapped homeowners take out second mortgages to pay off their credit cards.”[20] Goldman Sachs had been scrutinized for creating or pitching products used by Greece to “obscure billions in debt from the budget overseers in Brussels”.[20]

In 2010, Cohn testified to Congress on the role of Goldman Sachs in the 2007-2008 financial crisis.[21] Cohn testified: “During the two years of the financial crisis, Goldman Sachs lost $1.2 billion in its residential mortgage-related business. We did not ‘bet against our clients,’ and the numbers underscore this fact.”[22]

In February 2015, Cohn hosted the Goldman Sachs Technology and Internet Conference in San Francisco. As host, Cohn asked questions of Tim Cook, CEO of Apple Inc., while Cook was on stage.[23]

Compensation

Cohn’s salary at Goldman Sachs was US$22 million in 2014.[24] He received $21 million in 2015.[25]

He received a severance package worth around $285 million – mostly in stock – from Goldman Sachs upon leaving to join the administration of Donald Trump.[12]

Personality and work style

Critics of Cohn attribute to him an arrogant, aggressive, abrasive and risk-prone work style. They see his “6-foot 3-inch & 220lbs” as intimidating, as he might “sometimes hike up one leg, plant his foot on a trader’s desk, his thigh close to the employee’s face and ask how markets were doing”[17] According to former Bear Stearns Asset Management CEO Richard Marin, Cohn’s arrogance is at the root of the problem.

When you become arrogant, in a trading sense, you begin to think that everybody’s a counterparty, not a customer, not a client.[17]

Cohn’s supporters see these qualities as advantages. Michael Ovitz, co-founder and former chairman of Creative Artists Agency and former president of The Walt Disney Company, stated that he is impressed with Cohn. Ovitz said:

“He’s a trader. He has that whole feel in his body and brain and fingertips.”[17]

Ovitz sees Cohn’s toughness as a “positive” value, explaining that a high ranking executive can’t be “all peaches and cream.”[7][17]

Donna Redel, who was Chairman of the Board of the New York Mercantile Exchange when Cohn worked there as a silver trader, remembers Cohn as “firm,” “strategic” and “driven.” Martin Greenberg, her predecessor, said Cohn “was tough,” and added that “Gary got in with the right people, worked his ass off and used his head.”[17]

Personal life

Cohn is married to Lisa A Pevaroff-Cohn.[26] [27] They have three daughters and reside in New York City.[6][15]

Philanthropy

Cohn and his wife are founding board members of the New York University Child Study Center. The couple funded the Pevaroff Cohn Professorship in Child and Adolescent Psychiatry at the New York University School of Medicine in 1999. He financed the Gary D. Cohn Endowed Research Professorship in Finance at American University, his alma mater.[28]

In 2009, the Hillel International building at Kent State University was named the Cohn Jewish Student Center in recognition of a gift from Cohn and his wife.[29] It is the first Hillel building built directly on the campus of a state university.[30]

Cohn has been a supporter of Reviving Baseball in Inner Cities and has supported Harlem RBI since 2011. At that time, Harlem RBI was given the chance to build its own charter school. Mark Teixeira of the New York Yankees and Harlem RBI director Rich Berlin asked Cohn if he could help them raise the capital they needed to build the school.[31]

In December 2012, Cohn attended the 12-12-12 Concert for Sandy Relief which raised money for the Robin Hood Relief fund to help victims of Hurricane Sandy.[32]

Cohn is active as a trustee of his alma mater, American University, and of his school, Gilmour Academy.[33]

In 2010, the Hospital for Joint Diseases at NYU Langone Medical Center named Cohn the chairman of the HJD Advisory Board.[34]

On June 17, 2013, Cohn was honored at the annual “Bid for Kids” gala in order to raise funds for Harlem RBI and the DREAM charter school. Cohn said in an interview that Harlem RBI is a project that is “very near and dear to his heart.”[31]

Published works

Cohn has written editorials in prestigious journals and newspapers.[citation needed] In March 2014, he wrote an opinion piece for the Wall Street Journal, discussing “The Responsible Way to Rein in Super-Fast Trading.”[35]

Memberships

Cohn is a member of the Jewish Federation of Palm Beach County.[36]

Cohn is a member of the Treasury Borrowing Advisory Committee of the Securities Industry and Financial Markets Association.[37]

https://en.wikipedia.org/wiki/Gary_Cohn_(investment_banker)

 

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The Pronk Pops Show 862, March 28, 2017, Story 1: Energy Independence and An Industrial Renaissance — Jobs — Jobs — Jobs — Making America Great Again — Videos — Story 2: Repeal and Replacement of Obamacare Bill Will Back Shortly — Stay Tuned — Videos

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Story 1: Energy Independence and An Industrial Renaissance — Jobs — Jobs — Jobs — Making America Great Again — Videos —

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By Valerie Volcovici and Jeff Mason | WASHINGTON

U.S. President Donald Trump signed an executive order on Tuesday to undo a slew of Obama-era climate change regulations that his administration says is hobbling oil drillers and coal miners, a move environmental groups have vowed to take to court.

The decree’s main target is former President Barack Obama’s Clean Power Plan that required states to slash carbon emissions from power plants – a critical element in helping the United States meet its commitments to a global climate change accord reached by nearly 200 countries in Paris in 2015.

The so-called “Energy Independence” order also reverses a ban on coal leasing on federal lands, undoes rules to curb methane emissions from oil and gas production, and reduces the weight of climate change and carbon emissions in policy and infrastructure permitting decisions.

“I am taking historic steps to lift restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump said at the Environmental Protection Agency headquarters, speaking on a stage lined with coal miners.

The wide-ranging order is the boldest yet in Trump’s broader push to cut environmental regulation to revive the drilling and mining industries, a promise he made repeatedly during the presidential campaign. But energy analysts and executives have questioned whether the moves will have a big effect on their industries, and environmentalists have called them reckless.

“I cannot tell you how many jobs the executive order is going to create but I can tell you that it provides confidence in this administration’s commitment to the coal industry,” Kentucky Coal Association president Tyler White told Reuters.

Trump signed the order with EPA Administrator Scott Pruitt, Interior Secretary Ryan Zinke, Energy Secretary Rick Perry and Vice President Mike Pence by his side.

U.S. presidents have aimed to reduce U.S. dependence on foreign oil since the Arab oil embargo of the 1970s, which triggered soaring prices. But the United States still imports about 7.9 million barrels of crude oil a day, almost enough meet total oil demand in Japan and India combined.

U.S. President Donald Trump holds up an executive order on ‘energy independence,’ eliminating Obama-era climate change regulations, during a signing ceremony at the Environmental Protection Agency (EPA) headquarters in Washington, U.S., March 28, 2017. REUTERS/Carlos Barria

While Trump’s administration has said reducing environmental regulation will create jobs, some green groups have countered that rules supporting clean energy have done the same.

The number of jobs in the U.S. wind power industry rose 32 percent last year while solar power jobs rose by 25 percent, according to a Department of Energy study.

‘ASSAULT ON AMERICAN VALUES’

Environmental groups hurled scorn on Trump’s order, arguing it is dangerous and goes against the broader global trend toward cleaner energy technologies.

“These actions are an assault on American values and they endanger the health, safety and prosperity of every American,” said billionaire environmental activist Tom Steyer, the head of activist group NextGen Climate.

Green group Earthjustice was one of many organizations that said it will fight the order both in and out of court. “This order ignores the law and scientific reality,” said its president, Trip Van Noppen.

An overwhelming majority of scientists believe that human use of oil and coal for energy is a main driver of climate change, causing a damaging rise in sea levels, droughts, and more frequent violent storms.

But Trump and several members of his administration have doubts about climate change, and Trump promised during his campaign to pull the United States out of the Paris climate accord, arguing it would hurt U.S. business.

Since being elected Trump has been mum on the Paris deal and the executive order does not address it.

Christiana Figueres, former executive secretary of the United Nations Framework Convention on Climate Change who helped broker the Paris accord, lamented Trump’s order.

“Trying to make fossil fuels remain competitive in the face of a booming clean renewable power sector, with the clean air and plentiful jobs it continues to generate, is going against the flow of economics,” she said.

The order will direct the EPA to start a formal “review” process to undo the Clean Power Plan, which was introduced by Obama in 2014 but was never implemented in part because of legal challenges brought by Republican-controlled states.

The Clean Power Plan required states to collectively cut carbon emissions from power plants by 32 percent below 2005 levels by 2030.

Some 85 percent of U.S. states are on track to meet the targets despite the fact the rule has not been implemented, according to Bill Becker, director of the National Association of Clean Air Agencies, a group of state and local air pollution control agencies.

Trump’s order also lifts the Interior Department’s Bureau of Land Management’s temporary ban on coal leasing on federal property put in place by Obama in 2016 as part of a review to study the program’s impact on climate change and ensure royalty revenues were fair to taxpayers.

It also asks federal agencies to discount the cost of carbon in policy decisions and the weight of climate change considerations in infrastructure permitting, and reverses rules limiting methane leakage from oil and gas facilities.

http://www.reuters.com/article/us-usa-trump-energy-idUSKBN16Z1L6

 Story 2: Repeal and Replacement Bill Will Back Shortly — Videos

Shep Smith goes off on Trump’s incompetent health care strategy on Monday– March 27, 2017.

WASHINGTON — House Republican leaders and the White House, under extreme pressure from conservative activists, have restarted negotiations on legislation to repeal the Affordable Care Act, with House leaders declaring that Democrats were celebrating the law’s survival prematurely.

Just days after President Trump said he was moving on to other issues, senior White House officials are now saying they have hope that they can still score the kind of big legislative victory that has so far eluded Mr. Trump. Vice President Mike Pence was dispatched to Capitol Hill on Tuesday for lunchtime talks.

“We’re not going to retrench into our corners or put up dividing lines,” House Speaker Paul D. Ryan said after a meeting of House Republicans that was dominated by a discussion of how to restart the health negotiations. “There’s too much at stake to get bogged down in all of that.”

The House Republican whip, Steve Scalise of Louisiana, said of Democrats, “Their celebration is premature. We are closer to repealing Obamacare than we ever have been before.”

It is not clear what political dynamics might have changed since Friday, when a coalition of hard-line conservatives and more moderate Republicans torpedoed legislation to repeal President Barack Obama’s signature domestic achievement. The replacement bill would still leave 24 million more Americans without insurance after a decade, a major worry for moderate Republicans. It would also leave in place regulations on the health insurance industry that conservatives find anathema.

Mr. Ryan declined to say what might be in the next version of the Republicans’ repeal bill, nor would he sketch any schedule for action. But he said Congress needed to act because insurers were developing the premiums and benefit packages for health plans they would offer in 2018, with review by federal and state officials beginning soon.

The new talks, which have been going on quietly this week, involve Stephen K. Bannon, the president’s chief strategist, and members of the two Republican factions that helped sink the bill last week, the hard-right Freedom Caucus and the more centrist Tuesday Group.

Any deal would require overcoming significant differences about how to rework a law that covers about one-fifth of the American economy, differences that were so sharp they led Mr. Trump and Mr. Ryan to pull the bill from consideration just as the House was scheduled to vote on Friday.

Still, Republican members of Congress said they hoped that revisiting the issue would lead this time to a solution and a vote in the House.

“I think everyone wants to get to yes and support President Trump,” said Representative Dave Brat, Republican of Virginia and a Freedom Caucus member. “There is a package in there that is a win-win.”

Representative Raúl Labrador of Idaho, another Freedom Caucus member, said he hoped the discussions would yield a compromise that brings the party together after a divisive debate that revealed deep fissures. “I think we will have a better, stronger product that will unify the conference,” Mr. Labrador said.

Mr. Trump has sent mixed signals in recent days, at times blaming the Freedom Caucus, outside groups and even, it appeared, Mr. Ryan. On Monday, for instance, he said in a late-night Twitter post that the Freedom Caucus was able to “snatch defeat from the jaws of victory” over the health care repeal. “After so many bad years they were ready for a win!”

But then he suggested that he could also cut a deal with Democrats, a move that would almost certainly make more conservative members of the House balk. “Don’t worry,” he tweeted later Monday night, “we are in very good shape!”

Mr. Ryan said House Republicans were determined to use the next version of the repeal bill, like the first version, as a vehicle to cut off federal funds for Planned Parenthood clinics.

Asked if he saw any signs that members of the conservative House Freedom Caucus might be willing to compromise, he said: “I don’t want us to become a factionalized majority. I want us to become a unified majority, and that means we’re going to sit down and talk things out until we get there, and that’s exactly what we’re doing.”

“We saw good overtures from those members from different parts of our conference to get there because we all share these goals, and we’re just going to have to figure out how to get it done,” Mr. Ryan said.

Mr. Scalise said that “we’re going to keep working” because “this issue isn’t going away,” and he added: “Obamacare continues to fail the American people. You’re going to continue to see double-digit increases in premiums because Obamacare doesn’t work.”

Democrats took formal steps to get involved in what they called improving the Affordable Care Act. Representative Nancy Pelosi of California, the Democratic leader, sent a letter to House Democrats calling for suggestions in ways to make the health law work better. “We can then discuss these suggestions in our caucus and be prepared at the earliest possible time to go forward,” she said.

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The Pronk Pops Show 829, February 1, 2017, Story 1: President Trump Honors U.S. Navy SEAL Killed in a Weekend Raid in al Qaeda Camp near al Bayda in south central Yemen — Videos — Story 2: Trump Administration Condemns Iran for Provacative Guided Ballistic Missile Launch and Violates United Nations Resolution — Officially Putting Iran on Notice’ — Videos — Story 3: Yemen Houthis Rebels Attack Saudi Missile Frigate — Killing Two Crewmen — Videos

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Story 1: President Trump Honors U.S. Navy SEAL Killed in a Weekend Raid in al Qaeda Camp near al Bayda in south central Yemen — Videos —

Image result for president trump dover air force baseImage result for Chief Special Warfare Operator William Nawar Al Awlaki This was the president's first clandestine strike, and not one that was originally ordered by former President Obama. It involved 'boots on the ground' at an al Qaeda Camp near al Bayda in south central Yemen (pictured)

PRESIDENT TRUMP MAKES UNANNOUNCED VISIT TO HONOR SLAIN NAVY SEAL

President Trump departs for Dover Air Force Base

FOX NEWS ALERT , SOON: President Trump at dover air force base to honor fallen seal killed in yemen

News Wrap: Trump makes surprise visit to honor Navy SEAL killed in Yemen

Navy SEAL Team 6 carries out daring raid in Yemen

Trump Releases Statement About SEAL Team Six Warrior Killed in Yemen Raid

U.S. Special Forces launch Raid against Al-Qaeda in Yemen

Raid in Yemen results in first U.S. combat death under Trump administration

Trump Leaves D.C. to Honor Fallen U.S. Navy Seal

DOVER AIR FORCE BASE, Del. (AP) — Assuming the somber duties of commander in chief, President Donald Trump made an unannounced trip Wednesday to honor the returning remains of a U.S. Navy SEAL killed in a weekend raid in Yemen.

Chief Special Warfare Operator William “Ryan” Owens, a 36-year-old from Peoria, Illinois, was the first known U.S. combat casualty since Trump took office less than two weeks ago. More than half a dozen militant suspects were also killed in the raid on an al-Qaida compound and three other U.S. service members were wounded.

More than a dozen civilians were also killed in the operation, including the 8-year-old daughter of Anwar al-Awlaki, a radical cleric and U.S. citizen who was targeted and killed by a drone strike in 2011.

Trump’s trip to Delaware’s Dover Air Base was shrouded in secrecy. The president and his daughter, Ivanka, departed the White House in the presidential helicopter with their destination unannounced. A small group of journalists traveled with Trump on the condition that the visit was not reported until his arrival.

Marine One landed at Dover shortly before a C-17 believed to be carrying Owens’ remains touched down. The president met with Owens’ family during a two-hour visit to the base. The sailor’s family had requested that Trump’s visit and the return of Owens’ remains be private.

Former President Barack Obama lifted a ban on media coverage of the casualty returns, though families may still request privacy. A spokeswoman at Dover said about half of families choose to allow media coverage.

Owens joined the Navy in 1998 and was the recipient of two Bronze stars, a Joint Service Commendation and an Afghanistan Campaign Medal, among other honors. In a statement following his death, the Navy Special Command called Owens a “devoted father, a true professional and a wonderful husband.”

His death underscores the human costs of the military campaigns Trump now oversees. Far fewer troops are serving in combat now than in the wars Trump’s predecessors led in Afghanistan and Iraq, but thousands of Americans remain in hotspots around the world.

In Afghanistan, where America’s longest war continues, about 8,400 U.S. troops are training and advising local forces. More than U.S. 5,100 troops in Iraq and about 500 in Syria are involved in the campaign against the Islamic State group. The U.S. also engages in counterterrorism operations – mainly drone strikes – in Yemen, where Al-Qaida in the Arabian Peninsula has exploited the chaos of the country’s civil war.

Sunday’s pre-dawn raid – which a defense official said was planned by the Obama administration but authorized by Trump – could signal a new escalation against extremist groups in Yemen.

As a candidate, Trump said he would be willing to “take out” the families of terrorists in order to root out extremism. On Tuesday, White House spokesman Sean Spicer said no Americans “will ever be targeted” in raids against terror suspects.

The president’s trip to Dover comes as he begins weighing whether to reshape U.S. military activities around the world. As a candidate, he vowed to be tougher on the Islamic State and at one point said he would be willing to send up to 30,000 U.S. troops to fight the extremist group in Iraq and Syria. Last week, Trump gave the Pentagon and other agencies 30 days to submit a plan for defeating the Islamic State.

Trump has said little about his approach to Afghanistan. Obama had pledged to end the war there on his watch, but continuing security concerns prompted him to extend the U.S. military campaign, handing the war off to a third American president.

Trump, who never served in the armed forces and received student and medical deferments during the Vietnam War, had an uneven relationship with the military community during the presidential campaign.

About 60 percent of voters who served in the military supported Trump in the presidential election, compared with 34 percent who voted for Democrat Hillary Clinton, according to exit polls. But Trump was also criticized by military groups, including the Veterans of Foreign Wars, for his feud with the Khan family, whose Muslim-American son was killed while serving in Iraq.

Associated Press writer Lolita C. Baldor and AP Polling Director Emily Swanson contributed to this report.

http://hosted.ap.org/dynamic/stories/U/US_TRUMP_NAVY_SEAL?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2017-02-01-15-54-04

President Trump honors first military casualty of his presidency by meeting fallen SEAL’s coffin – and takes Ivanka with him

  • The body of fallen SEAL Team 6 member Officer William Owens arrived Tuesday afternoon at Dover Air Force Base
  • President Donald Trump and daughter Ivanka flew to Delaware to meet him
  • Officials said that in the President’s first strike ‘almost everything went wrong’
  • White House Press Secretary Sean Spicer got emotional on Wednesday as he talked about the raid, which he admitted was not a ‘100% successs’ 
  • Nawar al-Awlaki, 8, was among several non-combatants killed in Trump’s first raid; she was the daughter of the American al Qaeda leader killed in a 2011 raid  

Chief Petty Officer William 'Ryan' Owens, a 36-year-old from Illinois, was killed in Sunday's botched raid

Chief Petty Officer William ‘Ryan’ Owens, a 36-year-old from Illinois, was killed in Sunday’s botched raid

President Donald Trump is mourning the death of a SEAL Team Six member killed in his first military raid as president.

Trump and his eldest daughter, Ivanka, arrived at Dover Air Force Base this afternoon, after making the short flight to Delaware from Washington in Marine One, to receive the body of Chief Special Warfare Officer William ‘Ryan’ Owens.

They touched down at Dover AFB at 3:51 pm.

The president and first daughter were accompanied by Delaware Sen. Chris Coons at the private return ceremony that Owens’ family also attended.

He is survived by his wife, Karen, and their three children. They are believed to have arrived after the president and his daughtr in a Air Force C-17 transport.

Owens was killed in a pre-dawn raid, in which officials have said ‘almost everything went wrong,’ on Al Qaeda in the Arabian Peninsula last Sunday.

It was Trump’s first clandestine strike, and it was not one that had previously been ordered by former President Barack Obama.

Eight-year-old Nawar al-Awlaki, known as Nora, was also among the non-combats killed in the raid, which resulted in the death of several Yemeni women.

Owens was a 36-year-old from Illinois.

Scroll down for video

President Donald Trump is mourning the death of a SEAL Team Six member killed in his first military raid as president

President Donald Trump is mourning the death of a SEAL Team Six member killed in his first military raid as president

Trump and his eldest daughter, Ivanka, arrived at Dover Air Force Base this afternoon, after making the short flight to Delaware from Washington, to receive the body of Chief Petty Officer William 'Ryan' Owens

Trump and his eldest daughter, Ivanka, arrived at Dover Air Force Base this afternoon, after making the short flight to Delaware from Washington, to receive the body of Chief Petty Officer William ‘Ryan’ Owens

Today's journey is Ivanka's first trip on Marine One

Today’s journey is Ivanka’s first trip on Marine One

The pair exited the Oval Office to make the journey

The pair exited the Oval Office to make the journey

President Trump salutes a marine as he boards Marine One Wednesday afternoon from the South Lawn of the White House

President Trump salutes a marine as he boards Marine One Wednesday afternoon from the South Lawn of the White House

Marine One flew with a decoy and support helicopters to Dover Air Force 

Marine One flew with a decoy and support helicopters to Dover Air Force

Ivanka Trump leaves her home in Washington D.C. on Wednesday lunchtime

Ivanka Trump leaves her home in Washington D.C. on Wednesday lunchtime

She met her father at the White House and they rode together on Marine One to Dover

She met her father at the White House and they rode together on Marine One to Dover

SEAL Team 6 is the US Navy’s special forces team that gained worldwide fame for killing Osama bin Laden.

Dover AFB is traditionally the arrival point for service members killed in action.

Obama’s first trip to Dover was on Oct. 29, 2009, nine months into his administration.

He received 18 American soldiers who were killed in Afghanistan. He reflected several hours later, in Oval Office remarks on the toll of war. ‘It is something that I think about each and every day,’ he stated.

The U.S. president was back at Dover again two years later, in 2011, to receive the remains of 30 soldiers who died in Extortion 17, a helicopter mission in Afghanistan that resulted in the most American military casualties in a single day since the beginning of the war on terror.

The Sunday raid that resulted in the death of Owens involved ‘boots on the ground’ at an AQAP near al Bayda in south central Yemen, officials confirmed in a statement to NBC news.

White House Press Secretary Sean Spicer was visibly affected by the tragedy as he addressed it in his daily briefing with reporters before Trump’s trip to Dover.

The president’s spokesman admitted that the raid was not a ‘100 percent success.’

‘I think it’s hard to ever say something was successful when you lose a life,’ Spicer said.

The White House official said Owens deployed 12 times ‘because he loved his country and he believed in the mission.’

Spicer said that 14 AQAP members were killed and U.S. forces gained ‘an unbelievable amount of intelligence’ in the raid ‘that will prevent potential deaths or attacks on American soil.’

‘You never want to call something a success 100 percent when someone is hurt or killed and that was the case here. But I think when you recognize that an individual like this loved this country so much and deployed over and over again because he knew the mission that he was conducting was so important to our protection, our freedom, our safety.’  

Ivanka has been filling in for some traditionally first lady roles with Melania in New York

Ivanka has been filling in for some traditionally first lady roles with Melania in New York

The First Lady is in New York until at least June, leaving Ivanka to fill the role

The First Lady is in New York until at least June, leaving Ivanka to fill the role

Marine One with US President Donald Trump and Ivanka on board, just before it lands at Dover Air Force Base

Marine One with US President Donald Trump and Ivanka on board, just before it lands at Dover Air Force Base

Ivanka's husband, Senior Adviser Jared Kushner, and White House Chief of Staff Reince Priebus and Vice President Mike Pence watched from the Rose Garden as they left

Ivanka’s husband, Senior Adviser Jared Kushner, and White House Chief of Staff Reince Priebus and Vice President Mike Pence watched from the Rose Garden as they left

An eight-year-old, Nora, killed in the raid was the daughter of Anwar al-Awlaki (pictured), an American al Qaeda leader, born in New Mexico, who was killed in a US strike ordered by President Obama five years ago

An eight-year-old, Nora, killed in the raid was the daughter of Anwar al-Awlaki (pictured), an American al Qaeda leader, born in New Mexico, who was killed in a US strike ordered by President Obama five years ago

Anwar al-Awlaki’s daughter killed in first Trump sanctioned raid

Owens’ wife, Karen, stressed in her conversation with the president that while it is ‘an unbelievably sad and emotional time for her and her family that he loved doing this.’

‘And so again, I don’t think you ever call anything 100 percent success, but what he did for this nation and what we got out of that mission, I think, I truly believe and I know the president believes is going to save American lives.’

The eight-year-old who was killed in the raid, Nora, was the daughter of Anwar al-Awlaki, an American-born al Qaeda leader, born in New Mexico, who was killed in a U.S. strike Obama ordered five years ago.

Al-Awlaki was killed by a drone on September 30, 2011 after the Justice Department approved the strike in a memorandum that was not disclosed until 2014.

The memo said: ‘We do not believe that al-Awlaki’s US citizenship imposes constitutional limitations that would preclude the contemplated lethal action.’

United States intelligence officiers believed that al-Awaki was a potential successor to Osama Bin Laden.

Defense Secretary James Mattis said of Owens in a statement, ‘Ryan gave his full measure for our nation, and in performing his duty, he upheld the noblest standard of military service.’

This was the president's first clandestine strike, and not one that was originally ordered by former President Obama. It involved 'boots on the ground' at an al Qaeda Camp near al Bayda in south central Yemen (pictured)

This was the president’s first clandestine strike, and not one that was originally ordered by former President Obama. It involved ‘boots on the ground’ at an al Qaeda Camp near al Bayda in south central Yemen (pictured)

Nora’s grandfather, Nasser al-Awlaki, is Yemen’s former agriculture minister. He told NBC news, ‘My granddaughter was staying for a while with her mother, so when the attack came, they were sitting in the house, and a bullet struck her in the neck at 2:30 past midnight. Other children in the same house were killed.’

He said she died two hours after being shot.

Mr. al-Awlaki said hte SEALS ‘entered another house and killed everybody in it, including all the women. They burned the house. There is an assumption there was a woman from Saudi Arabia who was with al Qaeda. All we know is that she was a children’s teacher.’

Nawar al-Awlaki, also known as Nora, was among the non-combatants killed in the raid, which also resulted in the death of several Yemeni women

Nawar al-Awlaki, also known as Nora, was among the non-combatants killed in the raid, which also resulted in the death of several Yemeni women

The girl’s mother survived, NBC says, and sustained a minor wound. Al-Awlaki’s brother-in-law, however, was killed in the raid.

An official told NBC that the raid was directed from a U.S. base in Djibouti. Officially, it was to search for ‘information that will likely provide insight into the planning of future terrorist plots’.

After American service members landed on the ground, a two-hour gun battle ensued. Some al Qaeda fighters were women, and they were among the casualties, reported the San Diego Union Tribune.

Al Qaeda has claimed that 30 civilians have died, and the Tribune reported that four other Americans were wounded in the raid and complications in the aircraft landing.

National security experts believe that the death of the girl will be used as a part of al Qaeda propaganda methods.

Trump said in December of 2015 that he wouldn’t fight a ‘politically correct war’ against ISIS. In a interivew on Fox & Friends, Trump said, ‘The other thing with the terrorists, you have to take out their families.

‘They care about their lives, don’t kid yourself. But when they say they don’t care about their lives, you have to take out their families,’ he said.

The Geneva Conventions, of which the United States is a signatory, bars the killing of civillians.

Trump, then a GOP candidate for president, reversed his position in March, saying in a statement, ‘I will use every legal power that I have to stop these terrorist enemies.

‘I do, however, understand that the United States is bound by laws and treaties and I will not order our military or other officials to violate those laws and will seek their advice on such matters.’

After Nora al-Awaki was killed in Sunday’s raid, the White House went a step further on Tuesday and Spicer unoquicivocally stated: ‘No American citizen will ever be targeted.’

One of Spicer’s deputies walked back her boss’ claim later that day. She said in a statement that the Trump administration would abide by the legal standard adopted by the Obama administration.

‘U.S. policy regarding the possible targeting of American citizens has not changed,’ Sarah Huckabee Sanders said in a statement that was reported on by Bloomberg.

Pictured: The rubble of a building destroyed by a US drone air strike that targeted suspected al Qaeda militants. The strike killed Abdulrahman al-Awlaki, son of Anwar and brother of Nora. National security experts believe that the death of the girl will be used as a part of al Qaeda propaganda methods

Pictured: The rubble of a building destroyed by a US drone air strike that targeted suspected al Qaeda militants. The strike killed Abdulrahman al-Awlaki, son of Anwar and brother of Nora. National security experts believe that the death of the girl will be used as a part of al Qaeda propaganda methods

http://www.dailymail.co.uk/news/article-4181764/Trump-receives-SEAL-Team-6-member-killed-Yemen-raid.html#ixzz4XTutqj5c

One US service member killed, 3 injured in raid on Al Qaeda in Yemen

Published on Jan 29, 2017

DEVELOPING: One U.S. service member was killed and three wounded in a raid against a group of senior Al Qaeda leaders in central Yemen, officials said.

The U.S. Central Command said in a statement Sunday that another service member was injured in a “hard landing” in a nearby location.

The aircraft used in the landing unable to fly afterward and “was then intentionally destroyed in place.”

A total of 14 fighters from Al Qaeda in the Arabian Peninsula were killed in the assault, and U.S. service members captured “information that will likely provide insight into the planning of future terror plots,” according to the military.

Yemeni security and tribal officials said the assault in central Bayda province killed three senior Al Qaeda leaders.

The surprise dawn attack killed Abdul-Raouf al-Dhahab, Sultan al-Dhahab, and Seif al-Nims, Yemeni officials said. The al-Dhahab family is considered an ally of Al Qaeda, which security forces say is concentrated in Bayda province. A third family member, Tarek al-Dhahab, was killed in a previous U.S. drone strike years ago. It was not immediately clear whether the family members were actual members of Al Qaeda.

Just over a week ago, suspected U.S. drone strikes killed three other alleged Al Qaeda operatives in Bayda province in what was the first-such killings reported in the country since Donald Trump assumed the U.S. presidency.

The tribal officials said the Americans were looking for Al Qaeda leader Qassim al-Rimi, adding that they captured and departed with at least two unidentified individuals.

Al Qaeda in the Arabian Peninsula, long seen by Washington as among the most dangerous branches of the global terror network, has exploited the chaos of Yemen’s civil war, seizing territory in the south and east.

The war began in 2014, when Shiite Houthi rebels and their allies swept down from the north and captured the capital, Sanaa. A Saudi-led military coalition has been helping government forces battle the rebels for nearly two years.

An 8-year-old American girl was killed during the SEAL Team 6 raid in Yemen

The 8-year-old daughter of American-born cleric Anwar al-Awlaki was among roughly 30 civilians who were killed during a raid carried out by US commandos Sunday in Yemen. About 14 Al Qaeda militants were killed during the operation, according to the Pentagon.

Nawar Anwar al-Awlaki, known as Nora, was shot during the raid carried out by the Navy’s SEAL Team 6 against an Al Qaeda camp,according to NBC News.

“She was hit with a bullet in her neck and suffered for two hours,” her grandfather Nasser al-Awlaki told Reuters. “Why kill children? This is the new administration. It’s very sad — a big crime.”

SEAL Chief Petty Officer William (Ryan) Owens was also killed during the hourlong gun battle, and three other American commandos were injured. An MV-22 helicopter that crash-landed had to be destroyed before the SEALs left.

“Almost everything went wrong,” a senior US military official told NBC News of the operation, which was the first clandestine strike approved by President Donald Trump.

Born in New Mexico, Anwar al-Awlaki spoke at the Capitol and the Pentagon after the 9/11 attacks but eventually left the US in 2002. The process of his radicalization accelerated after he was imprisoned in Yemen — with US encouragement — and he became a top recruiter and mentor to several Al Qaeda operatives, including Nidal Malik Hasan, who killed 13 people during the shooting at Fort Hood, Texas, in 2009, and Umar Farouk Abdulmutallab, who tried to bring down an American airliner in 2009 with explosives hidden in his underwear.

Awlaki was killed in a CIA Predator drone strike in 2011, the first time an American citizen was targeted and killed in such a way. Another US citizen, Samir Khan, who published the Al Qaeda magazine Inspire, was also killed in the strike.

About two weeks later, a US drone strike killed Awlaki’s 16-year-old son, Abdulrahman. US officials denied he was their target.

Anwar al-Awlaki’s fiery online video sermons have continued to inspire militants in the years since his death.

His daughter’s death will likely be used in militant propaganda efforts, especially since she is the second of Anwar al-Awlaki’s children killed by the US. It was not immediately clear where she was born, but having an American father would have given her automatic dual citizenship in the US and the country of her birth.

“The perception will be that it’s not enough to kill al-Awlaki — that the US had to kill the entire family,” Karen Greenberg, director of Fordham University’s Center on National Security, told NBC.

According to Middle East Monitor, the US is already being accused on social media of “assassinating children.”

http://www.businessinsider.com/awlaki-killed-seal-team-6-raid-yemen-2017-1

US soldier killed in Yemen

US servicemember killed in raid on al Qaeda in Yemen

US service member killed in raid 01:13

(CNN)A US Navy Seal died of wounds suffered during a raid in Yemen against al Qaeda — the first American combat death under President Donald Trump, US Central Command said Sunday.

Six other servicemembers also were wounded, all non-life threatening.
On Monday, the Pentagon identified the service member who was killed as Chief Petty Officer William “Ryan” Owens.
President Donald Trump on Tuesday callled Owens’ family, the White House said.
White House Press Secretary Sean Spicer described the call as a “very somber and lengthy conversation” with Owens’ wife, father and children.
“Ryan gave his full measure for our nation, and in performing his duty, he upheld the noblest standard of military service,” Defense Secretary James Mattis said.
“In a successful raid against al Qaeda in the Arabian Peninsula (AQAP) headquarters, brave US forces were instrumental in killing an estimated 14 AQAP members and capturing important intelligence that will assist the US in preventing terrorism against its citizens and people around the world,” Trump said in a statement Sunday.
“Americans are saddened this morning with news that a life of a heroic service member has been taken in our fight against the evil of radical Islamic terrorism,” he added. “My deepest thoughts and humblest prayers are with the family of this fallen service member. I also pray for a quick and complete recovery for the brave service members who sustained injuries.”
A US military official said the raid was not directed against specific individuals, but aimed at “site exploitation,” a military term to describe intelligence-gathering actions.
Sources in Yemen told CNN that three senior al Qaeda leaders were among those killed. That was later confirmed by a US official.

Donald Trump's Middle East challenges

Donald Trump’s Middle East challenges 03:06