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The Pronk Pops Show 747, August 16, 2017, Story 1: Big Lie Media Driving Voters Out Of The Democratic Party and Republican Parties — Three Cheers For Big Lie Media — Credibility Going Going Gone With Prevaricating Progressive Propaganda — Videos — Story 2: Bannon Blistering Blasts — Collectivist Clowns Losing with Identity Politics of Victims and Emotions — Videos

Posted on August 17, 2017. Filed under: American History, Banking System, Blogroll, Breaking News, Budgetary Policy, Business, Cartoons, Communications, Congress, Corruption, Countries, Crime, Culture, Defense Spending, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Economics, Employment, Fiscal Policy, Foreign Policy, Freedom of Speech, Government Spending, Hillary Clinton, History, House of Representatives, Human, Labor Economics, Law, Life, Monetary Policy, Obama, People, Philosophy, Photos, Politics, Polls, President Trump, Progressives, Radio, Raymond Thomas Pronk, Scandals, Security, Senate, Social Science, Social Security, Success, Surveillance and Spying On American People, Tax Policy, Terror, Terrorism, Unemployment, United States of America, Videos, Violence, War, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Story 1: Big Lie Media Driving Voters Out Of The Democratic Party and Republican Parties — Three Cheers For Big Lie Media — Credibility Going Going Gone With Prevaricating Progressive Propaganda — Videos —

BREAKING NEWS TRUMP 8/17/17: Hannity – President Trump vs The Left

Shepard Smith Just Wrecked Trump’s “Disgraceful” Message In An Magnificent Breakdown

Charles Krauthammer Crushes His Fox’ colleague For Defending Trump’s “AWFUL” Statements

Michael Moore & Don Lemon Goes Off On Donald Trump after Latest ‘INSANITY’

What if the pro-Trump media abandons President Trump?

Jake Tapper: The one group that Trump won’t attack

ANTIFA Vs America Battle For Charlottesville

CNN Host Stunned When Callers Are Sick Of Trump-Rüssía Story

CNN Anchor Left Completely Speechless After Hearing Reality!

“YOU GUYS ARE GETTING PLAYED” – SCOTT TAYLOR MOCKS CNN ON CNN!

JFK: Democrat or Republican?

MSNBC Highlights The Collapse Of The Democratic Party Under President Obama

WHOA! Chris Matthews Explains Why Democrat Party is Failing

Trust In Corporate Media Is Historically Low

Can You Trust The Press?

Published on Oct 3, 2016

Is the press trustworthy? Can we believe what reporters and journalists tell us? Judith Miller, Pulitzer Prize-winning former reporter for the New York Times, explains why Americans’ trust in the news media has fallen, and why that matters. Donate today to PragerU: http://l.prageru.com/2eB2p0h

What is Fake News?

Does Free Speech Offend You?

Facts Don’t Care About Your Feelings

A Progressive’s Guide to Political Correctness

Why We’re Losing Liberty

The Dark Art of Political Intimidation

Gallup poll: Public confidence in media falls to all-time low

09/14/2016 03:26 PM EDT

The American public’s trust in the media in 2016 has fallen to its lowest point since at least 1972, according to a new Gallup poll released Wednesday.

Thirty-two percent of the respondents in Gallup’s most recent national poll said that they have “a great deal” or “a fair amount” of trust in the mass media, an eight percentage-point drop compared to 2015. It’s the lowest point in Gallup’s polling history, which began asking respondents whether they had trust and confidence in the media in 1972.

Public trust in the media fell among respondents who identified as Democrats, Republicans and independents, but the decline in trust in the media was most pronounced among Republicans, whose confidence in the media dropped from 32 percent in 2015 to 14 percent in 2016.

“This is easily the lowest confidence among Republicans in 20 years,” according to the poll.

The drop in media trust and confidence was also apparent among both young and old respondents, according to the study. 2016 is the first time in 15 years that confidence in the media among Americans 50 and older fell below 40 percent.

Gallup chalked up the decline in media trust to the “divisive” presidential election, in which both Republican and Democratic candidates have criticized the media for being biased or unfair to them. But the decline in the trust in media has been occurring for more than a decade.

“Before 2004, it was common for a majority of Americans to profess at least some trust in the mass media, but since then, less than half of Americans feel that way,” the study reads. “Now, only about a third of the U.S. has any trust in the Fourth Estate, a stunning development for an institution designed to inform the public.”

http://www.politico.com/blogs/on-media/2016/09/public-confidence-in-media-falls-to-all-time-low-in-2016-228168

Americans’ Trust in Media Remains at Historical Low

by Rebecca Riffkin

STORY HIGHLIGHTS

  • Four in 10 Americans trust the mass media
  • Ties 2014 and 2012 for the lowest trust level in Gallup’s trend
  • Younger Americans less likely than older to trust the media

WASHINGTON, D.C. — Four in 10 Americans say they have “a great deal” or “a fair amount” of trust and confidence in the mass media to report the news fully, accurately and fairly. This ties the historical lows on this measure set in 2014 and 2012. Prior to 2004, slight majorities of Americans said they trusted the mass media, such as newspapers, TV and radio.

Trend: Americans' Trust in the Mass Media

Americans’ confidence in the media has slowly eroded from a high of 55% in 1998 and 1999. Since 2007, the majority of Americans have had little or no trust in the mass media. Trust has typically dipped in election years, including 2004, 2008, 2012 and last year. However, 2015 is not a major election year.

This decline follows the same trajectory as Americans’ confidence in many institutions and their declining trust in the federal government’s ability to handle domestic and international problems over the same time period.

Americans' Trust in Mass Media

Trust in the Mass Media Has Fallen More Sharply Among Those Younger Than 50

Trust in the media continues to be significantly lower among Americans aged 18 to 49 than among those 50 and older, continuing a pattern evident since 2012. Prior to 2012, these groups’ trust levels were more similar, with a few exceptions between 2005 and 2008.

Trend: Trust in Mass Media, by Age

Trust Among Democrats Remains Low, but Higher Than Among Republicans

For more than a decade, Republicans and independents have been significantly less likely than Democrats to trust the media. This pattern continues in the latest survey. In 2014, Gallup found that trust among Democrats fell to a 14-year low of 54%, and this figure is essentially unchanged at 55% this year. While more Democrats than Republicans continue to say they trust the media, the percentage of Republicans who report that they trust the mass media increased slightly this year, from 27% to 32%. This increase was offset, however, by a decrease in independents reporting trust, from 38% to 33%.

Trend: Trust in Mass Media, by Party

Bottom Line

Americans’ trust level in the media has drifted downward over the past decade. The same forces behind the drop in trust in government more generally, as well confidence in many U.S. institutions, may also be at work with the media. But some of the loss in trust may have been self-inflicted. Major venerable news organizations have been caught making serious mistakes in the past several years, including the scandal involving former NBC Nightly News anchor Brian Williams in 2015 that some of his firsthand accounts of news events had been exaggerated or “misremembered.”

Historical data are available inGallup Analytics.

Survey Methods

Results for this Gallup poll are based on telephone interviews conducted Sept. 9-13, 2015, with a random sample of 1,025 adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia. For results based on the total sample of national adults, the margin of sampling error is ±4 percentage points at the 95% confidence level. All reported margins of sampling error include computed design effects for weighting.

Each sample of national adults includes a minimum quota of 60% cellphone respondents and 40% landline respondents, with additional minimum quotas by time zone within region. Landline and cellular telephone numbers are selected using random-digit-dial methods.

View survey methodology, complete question responses and trends.

Party Affiliation

 

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The Pronk Pops Show 945, August 14, 2017, Story 1: President Trump Condemns KKK, Neo-Nazis, White Supremacists and Other Hate Groups (antifa and Black Lives Matter (BLM)) While Big Lie Media’s Progressive Propaganda and Lying Lunatic Left Attack Trump and His 63 Million Voters — How To Lose Readers/Viewers and Influence Kool Aid Drinkers — Videos — Story 2: First Collectivists Went After The Confederate Flag, Now Confederate War Memorial Statues, Next Collectivists Will Burning Confederate History Books — What is Next? Censorship of Youtube Videos — Videos

Posted on August 14, 2017. Filed under: American History, Applications, Banking System, Breaking News, Budgetary Policy, Cartoons, Computers, Congress, Constitutional Law, Corruption, Countries, Culture, Donald J. Trump, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Economics, Elections, Empires, Fiscal Policy, Food, Foreign Policy, Freedom of Speech, Government Spending, Hardware, Hate Speech, History, House of Representatives, Human, Human Behavior, Illegal Immigration, Immigration, Independence, Labor Economics, Law, Legal Immigration, Life, Lying, Media, Mike Pence, Monetary Policy, People, Philosophy, Photos, Politics, Progressives, Raymond Thomas Pronk, Rule of Law, Security, Senate, Software, Success, Tax Policy, Terror, Terrorism, United States of America, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , |

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Story 1: President Trump Condemns KKK, Neo-Nazis, White Supremacists and Other Hate Groups (Antifa and Black Lives Matter (BLM)) While Big Lie Media’s Progressive Propaganda and Lying Lunatic Left Attack Trump and His 63 Million Voters — How To Lose Readers/Viewers and Influence Kool Aid Drinkers — Videos —

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As evidenced this weekend, a civil war is brewing in this country, laying the foundation for a violent coup to take out Trump. Soros-funded NGO’s have been able to achieve regime change in other countries by quite literally teaming up with Neo-nazis and “moderate” terrorists. Now, investigative reporter Lee Stranahan reveals the same players involved in the Ukraine overthrow are working behind the scenes to oust President Trump.

Help us spread the word about the liberty movement, we’re reaching millions help us reach millions more. Share the free live video feed link with your friends & family: http://www.infowars.com/show

Who Killed Heather Heyer?

Alt Right And Antifa Are Products Of The Left Designed To Disagree And Destroy American Discourse

 

Macomb Man In Fear For Life After Mistakenly Identified As Deadly Driver From White Nationalist Rally In Virgina

MACOMB COUNTY – A Michigan man is facing death threats after being wrongly identified on several alt-right websites as the owner and driver of a car that drove into a crowd in Charlottesville, Virginia, Saturday. Jerome Vangheluwo, of Macomb County, was once the owner of the Dodge involved in the deadly crash at yesterday’s rally – but sold the car in 2012 to a dealership.

Now he and his son are facing threats after their names, home address and pictures have been circulated online.

Michigan State Police issued a statement on Twitter regarding this misinformation:

dodge cva gtymhatcher Macomb Man In Fear For Life After Mistakenly Identified As Deadly Driver From White Nationalist Rally In Virgina

The silver Dodge Charger allegedly driven by James Alex Fields Jr. passes near the Market Street Parking Garage moments after driving into a crowd of counter-protesters on Water Street on August 12, 2017 in Charlottesville, Virginia. (Photo by Matthew Hatcher/Getty Images)

Vangheluwo says that he does not feel safe in his home and that the state police has told him that if there is any vandalism to his home – he should sell it, change his phone numbers and his social media IDs.

The suspected driver behind the wheel of the Dodge involved in yesterday’s attack has now been identified by authorities as 20-year-old James Alex Fields Junior of Maumee, Ohio.

A total of three people died in the clashes which escalated with the car driving into the crowd of counter-protesters.

Macomb Man In Fear For Life After Mistakenly Identified As Deadly Driver From White Nationalist Rally In Virgina

Woman is killed and 19 hurt as car plows into anti-fascists at white nationalist rally: Driver ‘intentionally’ accelerates into crowd and is arrested after riot cops use tear gas to break up violent clashes

  • A car plowed into at least 26 counter-protesters at a white nationalist rally in Charlottesville on Saturday
  • Charlottesville Police Chief Al Thomas said a total of 35 people had been treated for injuries after incident 
  • He also confirmed the deceased victim was a 32-year-old woman, who was struck as she crossed the street  
  • Police arrested James Alex Fields Jr, 20, of Ohio, who was charged with second-degree murder
  • A Dodge Challenger is filmed ramming into a line of people, then reversing quickly away from the scene 
  • Before the smash, 15 were already being treated after heated clashes at Unite the Right rally
  • The event was being held at Emancipation Park and hundreds were seen stomping through the city
  • A local state of emergency was declared around 11am and the rally was determined an unlawful assembly 
  • A state police helicopter covering the rally crashed near a golf course within city limits, killing two officers 
  • President Trump admonished the day’s events, saying: ‘We condemn in the strongest possible terms this egregious display of hatred, bigotry, violence, on many sides’ 
  • Virginia Gov Terry McAuliffe strongly condemned all of the so-called ‘patriotic’ white nationalists Saturday 
  • ‘Go home. You are not wanted in this great commonwealth. You are not patriots,’ McAuliffe proclaimed 

James Alex Fields Jr (pictured), of Maumee, Ohio, was arrested on Saturday after he 'intentionally drove his vehicle into a crowd of anti-fascists at white nationalist rally, killing one woman and injuring 19 others' in Charlottesville, Virginia

James Alex Fields Jr (pictured), of Maumee, Ohio, was arrested on Saturday after he ‘intentionally drove his vehicle into a crowd of anti-fascists at white nationalist rally, killing one woman and injuring 19 others’ in Charlottesville, Virginia

At least one person is dead after a driver intentionally plowed into a group of anti-fascist protesters in Charlottesville, Virginia, following violent clashes that erupted between white nationalists and activists on Saturday.

James Alex Fields Jr, of Maumee, Ohio, is being held at the Albemarle-Charlottesville Regional Jail. He was charged with second-degree murder.

Video of the Dodge Challenger, which is registered to Fields, showed the driver accelerating into the crowd throwing bodies into the air as people scream before reversing at high speed.

The incident killed a 32-year-old woman, whose identity has not been released by authorities pending her family’s notification.

Fields was apprehended and arrested a few blocks away from the bloody scene.

According to the jail’s superintendent, Martin Kumer, Fields was also booked on suspicion of malicious wounding, failure to stop for an accident involving a death, and hit and run. Kumer said Fields is being held without bail.

Charlottesville Police Chief Al Thomas said a total of 35 people had been treated for injuries, 14 of those were from individual engagements on the streets.

Horrifying video from the scene of the attack shows the silver muscle car speeding towards a group of fleeing anti-fascist protesters.

Another clip shows the vehicle ramming into the crowd at high speed and victims crying out in pain as they desperately seek medical help.

Witnesses said the car was traveling up to 40 miles an hour when it hit and reversed before ramming into the crowd again and speeding off with someone’s shoe attached to its bumper.

Virginia Gov Terry McAuliffe strongly condemned all of the so-called ‘patriotic’ white nationalists during a press conference Saturday evening.

‘Go home. You are not wanted in this great commonwealth,’ McAuliffe proclaimed. ‘You are not patriots. You came here today to hurt people and that is not patriotic,’ McAuliffe added.

Witnesses said moments before the car plowed into the crowd, a counter-protester had allegedly thrown a rock at the car, causing the driver to swivel around and ram into people and two cars in its way.

Scroll down for more video 

A Dodge Challenger (pictured) intentionally plowed into counter protesters, killing one woman and hospitalizing 19 others, as violence erupted at a rally where thousands of white nationalists gathered for an alt-right event in Charlottesville, Virginia, on Saturday. Police said a total of 35 people were treated for injuries 

A Dodge Challenger (pictured) intentionally plowed into counter protesters, killing one woman and hospitalizing 19 others, as violence erupted at a rally where thousands of white nationalists gathered for an alt-right event in Charlottesville, Virginia, on Saturday. Police said a total of 35 people were treated for injuries

Witnesses said the car was traveling up to 40 miles an hour when it hit and reversed before ramming into the crowd again and speeding off with someone's shoe attached to its bumper

Witnesses said the car was traveling up to 40 miles an hour when it hit and reversed before ramming into the crowd again and speeding off with someone’s shoe attached to its bumper

Fields was apprehended and is currently in police custody. He was arrested a few blocks away from the bloody scene. Pictured: The car that allegedly ran into several people

Fields was apprehended and is currently in police custody. He was arrested a few blocks away from the bloody scene. Pictured: The car that allegedly ran into several people

A counter protester had allegedly thrown a rock at the car, causing the driver to swivel around and accelerate into people and two cars in its way, before driving away from the scene

A counter protester had allegedly thrown a rock at the car, causing the driver to swivel around and accelerate into people and two cars in its way, before driving away from the scene

Rescue personnel help an injured woman after a car ran into a large group of counter protesters. There were several hundred people marching in a long line when the car drove into a group of them

Rescue personnel help an injured woman after a car ran into a large group of counter protesters. There were several hundred people marching in a long line when the car drove into a group of them

Rescue personnel help an injured man after the car drove into a large group of protesters after the white nationalist rally in Charlottesville

Rescue personnel help an injured man after the car drove into a large group of protesters after the white nationalist rally in Charlottesville

Local police reported there were multiple injures and three vehicles were involved in the crash. Pictured: The two vehicles that were rammed into by a Dodge Challenger

Local police reported there were multiple injures and three vehicles were involved in the crash. Pictured: The two vehicles that were rammed into by a Dodge Challenger

People were heard screaming and crying in the aftermath of the smash, as blood was splattered on a car's windshield and victims were desperately calling out for medical help

People were heard screaming and crying in the aftermath of the smash, as blood was splattered on a car’s windshield and victims were desperately calling out for medical help

In addition to the dozen of people hurt in the accident, at least 15 people were already being treated for their injures during other destructive clashes between white nationalists and counter-protesters at Emancipation Park before the controversial Unite the Right rally.

President Trump admonished the day’s tragic events, saying in a press conference: ‘We condemn in the strongest possible terms this egregious display of hatred, bigotry, violence, on many sides… The hate and division must stop, and must stop right now.’

There were several hundred protesters marching in a long line when the car drove into a group of them and police said the crash happened near the intersection of Fourth and Water streets.

Matt Korbon, a 22-year-old University of Virginia student, said counter-protesters were marching when ‘suddenly there was just this tire screeching sound.’

The silver sedan smashed into another car, then backed up, plowing through ‘a sea of people.’

People scattered, running for safety in different directions, he said.

Witness Nic McCarthy told C-VILLE Weekly: ‘There was someone in a dark vehicle that sped, very quickly, down this road and rammed into the crowd.

‘People… He backed up and he went back in again.’

McCarthy added: ‘There was a girl that was caught and she was trying to get up and it ran over her again. I hope the cops catch these terrorists.’

The day was met with more tragedy, when a Virginia State Police helicopter, believed to be carrying two people, crashed inside city limits and thick black smoke was seen rising from behind the trees, according to local reports.

According to WSET, there were two people on board the helicopter when it crashed, however it is not known if there are any injuries or fatalities.

The day was met with more tragedy, when a Virginia State Police helicopter, believed to be carrying two people, crashed inside city limits and thick black smoke was seen rising from behind the trees, according to local reports

The day was met with more tragedy, when a Virginia State Police helicopter, believed to be carrying two people, crashed inside city limits and thick black smoke was seen rising from behind the trees, according to local reports

A 10-second video posted to Twitter and filmed on a golf course shows thick black smoke rising from behind the trees

It is unknown if there are any injuries or fatalities from the crash

A 10-second video posted to Twitter and filmed on a golf course shows thick black smoke rising from behind the trees. It is unknown if there are any injuries or fatalities from the crash

Upsetting video footage of the vehicle ramming into the crowd, described by some as a terror attack, was uploaded online moments after the fatal collision

Upsetting video footage of the vehicle ramming into the crowd, described by some as a terror attack, was uploaded online moments after the fatal collision

A vehicle reverses after driving into a group of protesters demonstrating against the day's white nationalist rally

A vehicle reverses after driving into a group of protesters demonstrating against the day’s white nationalist rally

There were several hundred protesters marching in a long line when the car drove into a group of them and police said the crash happened near the intersection of Fourth and Water streets

There were several hundred protesters marching in a long line when the car drove into a group of them and police said the crash happened near the intersection of Fourth and Water streets

It is believed a counter protester had thrown a rock at the vehicle, causing the driver to swivel around and ram into people and cars in its way, before driving off with someone’s shoe attached to its bumper.

The horrifying scenes in Virginia came after violent clashes erupted between white nationalists and activists.

Upsetting video footage of the vehicle ramming into the crowd, described by some as a terror attack, was uploaded online moments after the fatal collision.

Another witness claimed the act was intentional. He said: ‘Yeah, it was intentional.About 40 miles an hour, hit about 15-20 people, crashed into the two cars in front of it, and then backed up and sped away while cops were standing on the side of the road and didn’t do anything.’

Charlottesville Mayor Mike Singer announced the death on Twitter. He wrote: ‘I am heartbroken that a life has been lost here. I urge all people of good will – go home.’

There were several hundred protesters marching in a long line when the car drove into a group of them

There were several hundred protesters marching in a long line when the car drove into a group of them

A witness claimed the act was intentional. He said : 'Yeah, it was intentional.About 40 miles an hour, hit about 15-20 people, crashed into the two cars in front of it, and then backed up and sped away while cops were standing on the side of the road and didn’t do anything'

A witness claimed the act was intentional. He said : ‘Yeah, it was intentional.About 40 miles an hour, hit about 15-20 people, crashed into the two cars in front of it, and then backed up and sped away while cops were standing on the side of the road and didn’t do anything’

President Trump admonished the day's tragic events, saying in a press conference: 'We condemn in the strongest possible terms this egregious display of hatred, bigotry, violence, on many sides... The hate and division must stop, and must stop right now'

President Trump admonished the day’s tragic events, saying in a press conference: ‘We condemn in the strongest possible terms this egregious display of hatred, bigotry, violence, on many sides… The hate and division must stop, and must stop right now’

President Trump admonished the day's outcome, tweeting: 'Am in Bedminster for meetings & press conference on V.A. & all that we have done, and are doing, to make it better-but Charlottesville sad!'

President Trump admonished the day’s outcome, tweeting: ‘Am in Bedminster for meetings & press conference on V.A. & all that we have done, and are doing, to make it better-but Charlottesville sad!’

President Trump added: 'We ALL must be united & condemn all that hate stands for. There is no place for this kind of violence in America. Lets come together as one!'

President Trump added: ‘We ALL must be united & condemn all that hate stands for. There is no place for this kind of violence in America. Lets come together as one!’

First Lady Melania Trump tweeted: 'Our country encourages freedom of speech, but let's communicate w/o hate in our hearts. No good comes from violence'

First Lady Melania Trump tweeted: ‘Our country encourages freedom of speech, but let’s communicate w/o hate in our hearts. No good comes from violence’

On Saturday evening Trump followed up with this tweet in which he sent his 'deepest condolences to the families & fellow officers of the VA State Police who died today'

On Saturday evening Trump followed up with this tweet in which he sent his ‘deepest condolences to the families & fellow officers of the VA State Police who died today’

Trump took a break from his time in Bedminister to condemn the violence in Charlottesville but also took the time to announce the signing of legislation to expand a veterans health care program.

He said: ‘We have to respect each other, ideally we have to love each other.’

Trump had earlier tweeted about the violence that erupted amid the white supremacist march. He tweeted that ‘we ALL must be united & condemn all that hate stands for.’ He then wrote ‘There is no place for this kind of violence in America. Lets come together as one!’

The White House was silent for hours about the clashes except for a solitary tweet from First Lady Melania Trump. The president has received previous criticism for being slow to condemn acts of hate done in his name.

And though the White House may have been slow to condemn the hateful acts, Virginia Gov Terry McAuliffe gave a powerful speech in which he said all of the so-called ‘patriotic’ white nationalists are not wanted in the United States.

And though the White House may have been slow to condemn the hateful acts, Virginia Gov Terry McAuliffe (pictured) gave a powerful speech in which he said all of the so-called 'patriotic' white nationalists are not wanted in the United States. 'My message is clear we are stronger than you. You will not succeed,' he said

And though the White House may have been slow to condemn the hateful acts, Virginia Gov Terry McAuliffe (pictured) gave a powerful speech in which he said all of the so-called ‘patriotic’ white nationalists are not wanted in the United States. ‘My message is clear we are stronger than you. You will not succeed,’ he said

A counter demonstrator uses a lighted spray can against a white nationalist demonstrator at the entrance to Lee Park

A counter demonstrator uses a lighted spray can against a white nationalist demonstrator at the entrance to Lee Park

‘My message is clear we are stronger than you. You will not succeed,’ he said. ‘There is no place for you here and there is no place for you in America.’

McAuliffe also said he spoke to the president on Saturday following the horrific acts of violence in Virginia.

‘I told the president that there has got to be a movement in this country to bring us together,’ he said.

McAuliffe said he told the president that he’s willing to ‘work with him to stop the hate speech and the bigotry in this country’.

During Saturday evening’s press conference, Charlottesville Police Chief Al Thomas, confirmed that a total of 35 people had been treated for injuries, 14 of those came from individual engagements on the streets.

Nine pedestrians were treated with injuries that ranged from ‘life-threatening to minor’ after the car plowed through the crowd.

Thomas said the 32-year-old woman was struck by the vehicle as she was crossing the street. He didn’t release any information on the woman pending her family’s notification.

He said the incident is still under investigation and will be investigated as a criminal homicide.

The crash occurred approximately two hours after violent clashes between white nationalists and counter-protesters earlier that day during the planned Unite the Right rally.

Hundreds were seen stomping through the city, wearing militia uniforms, waving flags and chanting ‘Blood and Soil’ as they made their way towards the event on Saturday morning.

Counter-protesters flocked to the march in retaliation against the white nationalists, neo-Confederates and alt-right activists, screaming: ‘We’re here, we’re gay, we fight the KKK!’

First Lady Melania Trump tweeted: ‘Our country encourages freedom of speech, but let’s communicate w/o hate in our hearts. No good comes from violence.’

The protest hadn’t officially started but social media videos showed the rally was escalating as people were seen throwing objects, breaking out into fights and people spraying mace into the crowd.

Arrests were made after police in riot gear attempted to clear the park and a group of protesters pushed back against them, while the battle between the two protester groups continued to rage on in the streets of the city.

Charlottesville Mayor Mike Signer had denounced the ‘cowardly parade of hatred, bigotry, racism, and intolerance march down the lawns of the architect of our Bill of Rights’ and warned for residents to stay away from the rally.

At least 15 people were seriously injured earlier during the day during clashes between white nationalists and counter-protesters at Emancipation Park before the controversial Unite the Right rally on Saturday. A video appears to show the altercation, as a man is being dragged away while a woman screams: 'Don't allow them to do this!'

At least 15 people were seriously injured earlier during the day during clashes between white nationalists and counter-protesters at Emancipation Park before the controversial Unite the Right rally on Saturday. A video appears to show the altercation, as a man is being dragged away while a woman screams: ‘Don’t allow them to do this!’

Charlottesville Mayor Mike Signer denounced the 'cowardly parade of hatred, bigotry, racism, and intolerance march down the lawns of the architect of our Bill of Rights' and warned for residents to stay away from the rally

Charlottesville Mayor Mike Signer denounced the ‘cowardly parade of hatred, bigotry, racism, and intolerance march down the lawns of the architect of our Bill of Rights’ and warned for residents to stay away from the rally

The Unite the Right rally was being held at Emancipation Park and hundreds were seen stomping through the city, wearing militia uniforms, waving flags and chanting 'Blood and Soil' as they made their way towards the event

The Unite the Right rally was being held at Emancipation Park and hundreds were seen stomping through the city, wearing militia uniforms, waving flags and chanting ‘Blood and Soil’ as they made their way towards the event

White nationalists, neo-Nazis and members of the 'alt-right' clash with counter-protesters

White nationalists, neo-Nazis and members of the ‘alt-right’ clash with counter-protesters

Police were in position at Emancipation Park and downtown Charlottesville by 6am as they prepared for the rally.

Between 4,000 and 6,000 people from groups including white nationalists, neo-Confederates and alt-right activists were expected to protest at the park, which had recently been renamed from Lee Park.

Right-wing blogger Jason Kessler planned what he called a ‘pro-white’ rally to protest Charlottesville’s decision to remove a statue of Confederate General Robert E. Lee.

Supporters and counter-protesters screamed, chanted, threw punches, hurled water bottles and unleashed chemical sprays on each other. Men dressed in militia uniforms were carrying shields and openly carrying guns.

The protest hadn’t yet begun when two people were seriously injured and protesters reportedly deployed pepper spray, according to state police.

Jason Kessler, the organizer of the rally, said he disavows the violence that eroded it.

The alt-right blogger said in an interview later that day that whoever drove a car into a group of counter-protesters ‘did the wrong thing.’ He said he was saddened that people were hurt.

Kessler is a local blogger and activist who described the event as a pro-white rally. He planned it to protest the city’s decision to remove a Confederate monument.

He also criticized law enforcement’s response to the event, which was dispersed before speakers could take the stage. He said they did a poor job controlling the chaos to allow free speech.

A white supremacist stands behind militia members after he scuffled with a counter demonstrator in Charlottesville

A white supremacist stands behind militia members after he scuffled with a counter demonstrator in Charlottesville

Several Nazi flags were seen proudly raised during the controversial rally protesting the removal of a statue of Confederate General Robert E. Lee

Several Nazi flags were seen proudly raised during the controversial rally protesting the removal of a statue of Confederate General Robert E. Lee

Images show the two opposing sides of the crowd throwing bottles and becoming increasingly violent

Images show the two opposing sides of the crowd throwing bottles and becoming increasingly violent

They were gathered because right-wing blogger Jason Kessler planned what he called a 'pro-white' rally to protest Charlottesville's decision to remove a statue of Confederate General Robert E. Lee

They were gathered because right-wing blogger Jason Kessler planned what he called a ‘pro-white’ rally to protest Charlottesville’s decision to remove a statue of Confederate General Robert E. Lee

The violence, which erupted ahead of the rally's start time of noon, forced the city to declare a local emergency around 11am and determined the event was an unlawful assembly, using tear gas bombs to clear the unruly crowd

The violence, which erupted ahead of the rally’s start time of noon, forced the city to declare a local emergency around 11am and determined the event was an unlawful assembly, using tear gas bombs to clear the unruly crowd

A white nationalist demonstrator, bloodied after a clash with a counter demonstrator, talks on the radio receiver

A white nationalist demonstrator, bloodied after a clash with a counter demonstrator, talks on the radio receiver

A group of white activists clash with others at the Unite the Right Rally in Charlottesville on Saturday morning 

A group of white activists clash with others at the Unite the Right Rally in Charlottesville on Saturday morning

Social media videos show the crowd throwing bottles and objects as police film the interaction from behind fences but don’t intervene.

Brawls broke out as people in militia gear tackled others to the ground and began throwing punches.

Christopher Mathias, a reporter for the Huffington Post tweeted: ‘Just witnessed a violent fight in a parking garage. Nazi dude pulled a gun. Some bad injuries.’

Officials declared a local emergency shortly after 11am. Colleen Cook, 26, stood on a curb shouting at the rally attendees to go home.

Cook, a teacher who attended the University of Virginia, said she sent her black son out of town for the weekend.

‘This isn’t how he should have to grow up,’ she said.

Cliff Erickson leaned against a fence and took in the scene. He said he thinks removing the statue amounts to erasing history and said the ‘counter protesters are crazier than the alt-right. Both sides are hoping for a confrontation,’ he said.

City officials declared a local emergency shortly after 11am. Brawls broke out as people in militia gear tackled others to the ground and began throwing punches

City officials declared a local emergency shortly after 11am. Brawls broke out as people in militia gear tackled others to the ground and began throwing punches

Counter-protesters flocked to the march in retaliation (pictured) against the white nationalists, screaming: 'We're here, we're gay, we fight the KKK!'

Counter-protesters flocked to the march in retaliation (pictured) against the white nationalists, screaming: ‘We’re here, we’re gay, we fight the KKK!’

The Unite the Right rally was being held at Emancipation Park and hundreds were seen stomping through the city, wearing militia uniforms, waving flags and chanting 'Blood and Soil' as they made their way towards the event

The Unite the Right rally was being held at Emancipation Park and hundreds were seen stomping through the city, wearing militia uniforms, waving flags and chanting ‘Blood and Soil’ as they made their way towards the event

Christopher Mathias, a reporter for the Huffington Post tweeted: 'Just witnessed a violent fight in a parking garage. Nazi dude pulled a gun. Some bad injuries'

Christopher Mathias, a reporter for the Huffington Post tweeted: ‘Just witnessed a violent fight in a parking garage. Nazi dude pulled a gun. Some bad injuries’

A local resident of Charlottesville who did not wish to be identified, wipes tears from her eyes at a vigil where 20 candles were burned for the 19 people injured and one killed when the car plowed into a crowd of counter protesters at the 'Unite the Right' rally organized by white nationalists in Charlottesville

A local resident of Charlottesville who did not wish to be identified, wipes tears from her eyes at a vigil where 20 candles were burned for the 19 people injured and one killed when the car plowed into a crowd of counter protesters at the ‘Unite the Right’ rally organized by white nationalists in Charlottesville

Counter protesters pay their respects at a vigil where 20 candles were burned for the 19 people injured and one killed on Saturday 

Counter protesters pay their respects at a vigil where 20 candles were burned for the 19 people injured and one killed on Saturday

In response to the day’s events, the University of Virginia announced on Saturday afternoon that all scheduled events and programming would be canceled.

The announcement stated: ‘This cancellation includes all academic programming, the scheduled community discussions taking place in the University Libraries, and all UVA Athletic events and programming. The University is monitoring the developments in Charlottesville and continues to coordinate with state and local law enforcement.’

The city announced earlier this week that the rally must be moved out of Emancipation Park to a larger one, citing safety reasons. The rally and counter-protests wereexpected to draw thousands of people.

Kessler sued, saying the change was a free speech violation. The city said in a statement that it would abide by the judge’s decision.

Kessler had led a torch lit procession through the University of Virginia campus on Friday night with burning torches, ending at the statue of Thomas Jefferson.

Almost 200 white nationalists, neo-Confederates, and alt-right activists, were heard chanting ‘white lives matter’ and ‘Jews will not replace us’.

They clashed with University of Virginia students who held an anti-racist protest, and were seen holding up signs which read: ‘VA students against white supremacists.’

Students on Friday night were heard chanting ‘go home Nazis,’ a reporter from the Washington Post tweeted.

Hundreds of white nationalists marched through the University of Virginia with burning torches on Friday

Hundreds of white nationalists marched through the University of Virginia with burning torches on Friday

A group of white activists participate in a torch lit march through the University of Virginia campus in Charlottesville

A group of white activists participate in a torch lit march through the University of Virginia campus in Charlottesville

Almost 200 white nationalists, neo-Confederates, and alt-right activists, heard chanting 'white lives matter' held burning torches

Almost 200 white nationalists, neo-Confederates, and alt-right activists, heard chanting ‘white lives matter’ held burning torches

White nationalists carry torches around a statue of Thomas Jefferson on the grounds of the University of Virginia

White nationalists carry torches around a statue of Thomas Jefferson on the grounds of the University of Virginia

Jason Kessler lead the torch lit march of white nationalists on Friday. He is also the organizer of the Unite the Right rally which took place on Saturday

Jason Kessler lead the torch lit march of white nationalists on Friday. He is also the organizer of the Unite the Right rally which took place on Saturday

Police say violence broke out between the rival groups and officers swiftly intervened to break up the riot which they ruled was an unlawful assembly on Friday night.

At least one person was arrested and several on campus were treated for minor injuries, the Daily Progress newspaper said. Several of the marchers were also hit with pepper spray.

The protesters’ decision to use flaming torches seemed to be a deliberate one, to bring back the imagery of KKK violence and cross burning.

Charlottesville Mayor Mike Signer denounced the ‘cowardly parade of hatred, bigotry, racism, and intolerance march down the lawns of the architect of our Bill of Rights.’

‘Everyone has a right under the First Amendment to express their opinion peaceably, so here’s mine… I am beyond disgusted by this unsanctioned and despicable display of visual intimidation on a college campus,’ he told CNN.

'Jews will not replace us' and 'white lives matter' were among chants heard at the rally, according to witnesses

‘Jews will not replace us’ and ‘white lives matter’ were among chants heard at the rally, according to witnesses

The protesters' decision to use flaming torches seemed to be a deliberate one, to bring back the imagery of KKK violence and cross burning

The protesters’ decision to use flaming torches seemed to be a deliberate one, to bring back the imagery of KKK violence and cross burning

Hundreds of alt-right activists snaked through the university campus, illuminating the path with their many torches 

Hundreds of alt-right activists snaked through the university campus, illuminating the path with their many torches

The march, which comes ahead of a much larger rally due to take place Saturday, was condemned by Charlottesville's mayor

The march, which comes ahead of a much larger rally due to take place Saturday, was condemned by Charlottesville’s mayor

On Friday, it was predicted that nearly 6,000 people were expected to descend on the college town on Saturday for the Unite the Right rally.

Saturday’s rally gathered at the statue of Confederate Gen. Robert E. Lee at Emancipation Park – a focal point for a number of white supremacist protests since the council voted to remove the structure in April.

McAuliffe had urged Virginians to stay away ahead of Saturday’s rally.

‘In advance of the rally there have been communications from extremist groups, many of which are located outside of Virginia, who may seek to commit acts of violence against rally participants or law enforcement officials,’ he said in a statement.

‘In the event that such violent or unlawful conduct occurs, I have instructed state public safety officials to act quickly and decisively in order to keep the public and themselves safe.

White nationalists, neo-Confederates, and alt-right activists, heard chanting 'white lives matter,' clashed with University of Virginia students at the statue of Thomas Jefferson (pictured)

White nationalists, neo-Confederates, and alt-right activists, heard chanting ‘white lives matter,’ clashed with University of Virginia students at the statue of Thomas Jefferson (pictured)

Students held an anti-racist protest, and surrounded the statue which has been the focal point for a number of white supremacist protests since the council voted to remove the structure in April and rename the park

Students held an anti-racist protest, and surrounded the statue which has been the focal point for a number of white supremacist protests since the council voted to remove the structure in April and rename the park

‘I want to urge my fellow Virginians who may consider joining either in support or opposition to the planned rally to make alternative plans.

‘Many of the individuals coming to Charlottesville are doing so in order to express viewpoints many people, including me, find abhorrent.

‘As long as that expression is peaceful, that is their right. But it is also the right of every American to deny those ideas more attention than they deserve.’

‘The Charlottesville event could be a potentially historic showcase of hate, bringing together more extremists in one place than we have seen in at least a decade,’ said Oren Segal, director of the Center on Extremism at the Anti-Defamation League, a group that monitors and combats anti-Semitism.

Earlier this week, the city had ordered the rally planned for Saturday to be relocated out of Emancipation Park to a larger one, further out of the city, citing safety reasons.

But Kessler, who organized the rally, said on Twitter that the company’s move amounted to an attack on ‘free speech and civil rights’.

He sued added that the change was a free speech violation and that moving the protest away from the Lee statue undermined his event.

One group of students were seen holding up a sign which read: 'VA students against white supremacists'

Police say violence broke out between the rival groups and officers swiftly intervened to break up the riot which they ruled was an unlawful assembly 

An activist reacts to pepper spray in his eyes during a torch lit march through the University of Virginia campus 

An activist reacts to pepper spray in his eyes during a torch lit march through the University of Virginia campus

Several of the activists appeared to have been subjected to pepper spray, and several treated for minor injuries 

Several of the activists appeared to have been subjected to pepper spray, and several treated for minor injuries

Police used pepper spray on several marchers and counter-demonstrators after clashes broke out between them

Police used pepper spray on several marchers and counter-demonstrators after clashes broke out between them

A man who was pepper-sprayed is helped away from white supremacist marchers at the University of Virginia campus

A man who was pepper-sprayed is helped away from white supremacist marchers at the University of Virginia campus

On Friday, US District Judge Glen Conrad granted a preliminary injunction in a lawsuit filed against Charlottesville by the right-wing blogger which allowed the rally of white nationalists and other extremists to take place at its originally planned location downtown.

The city said in a statement that it would abide by the judge’s decision.

Mimi Arbeit, an organizer of the planned counter-protests, rejected Kessler’s argument that the rally was about freedom of speech.

‘Fascism functions by using the institutions of a democracy towards its own ends,’ she said by telephone.

On July 8, a few dozen Ku Klux Klan marchers gathered in Charlottesville to protest plans to remove the statue of Lee. But they were outnumbered by hundreds of jeering counter-protesters.

Kessler, who also organized the Saturday's rally, was among the white activists and held up a tikki style torch during the march 

Kessler, who also organized the Saturday’s rally, was among the white activists and held up a tikki style torch during the march

The protesters' decision to use flaming torches seemed to be a deliberate one, to bring back the imagery of KKK violence and cross burning

The protesters’ decision to use flaming torches seemed to be a deliberate one, to bring back the imagery of KKK violence and cross burning

Friday night (pictured) was just a taster of things to come as up to 6,000 people are expected to descend on the college town on Saturday for the Unite the Right rally

Friday night (pictured) was just a taster of things to come as up to 6,000 people are expected to descend on the college town on Saturday for the Unite the Right rally

Earlier this week, the city had ordered the rally planned for Saturday to be relocated out of Emancipation Park to a larger one, further out of the city, citing safety reasons

Earlier this week, the city had ordered the rally planned for Saturday to be relocated out of Emancipation Park to a larger one, further out of the city, citing safety reasons

This time the extreme right hopes to have a stronger showing thanks to the presence of various leaders of the 'alt-right' movement that has been emboldened by Donald Trump's ascent to the White House

This time the extreme right hopes to have a stronger showing thanks to the presence of various leaders of the ‘alt-right’ movement that has been emboldened by Donald Trump’s ascent to the White House

This time the extreme right hopes to have a stronger showing thanks to the presence of various leaders of the ‘alt-right’ movement that has been emboldened by Trump’s ascent to the White House.

On Friday, City Manager Maurice Jones revealed the rally called for the largest Virginia State Police deployment in the state in nearly three decades.

‘These are trying and difficult times for our city and our nation,’ Jones said, according to the Daily Progress. ‘We have deep political and ideological differences, and those differences will play out here in our community this weekend. It will be stressful and it will be tense, but I’m optimistic that cooler heads will prevail and we will ultimately be stronger as a community once this event is over.’

Generally, the white nationalist protesters appear to have come from outside the city, and many local residents raised fears over Saturday’s event.

Last month, hundreds went to City Hall to demand the protest be canceled.

Many local businesses also declared their stores ‘safe spaces’ while both firms and local people put up signs showing support for diversity before the event.

However, Kessler has even bigger plans for the city.

‘We’re going to have bigger and bigger events in Charlottesville,’ he told CNN.

http://www.dailymail.co.uk/news/article-4783914/White-nationalists-hold-torch-lit-march-UVA-campus.html#ixzz4plUkhO5j

Antifa (United States)

From Wikipedia, the free encyclopedia
  (Redirected from Antifa (U.S.))
Antifa
Founded 2013
Preceded by Anti-Racist Action[1]
Headquarters none (autonomousbranches throughout the United States)
Ideology Antifascism
Anarcho-communism
Political position Far-left
International affiliation Antifascist Action[2]
Colours Black, red

Antifa is a political movement of autonomous militant anti-fascist groups in the United States.[3] It is associated with the global Antifascist Action movement.[2] Spreading from Germany, the network in the United States was initially known as Anti-Racist Action.[4]

Contents

 [show

Name

The name “Antifa” was originally used as a shorthand for the German Antifaschistische Aktion group in the 1980s and the terminology eventually spread throughout the rest of the Western world as a synonym for any militant anarcho-communist associated anti-fascist groups, including the Anti-Racist Action group in the United States and the Anti-Fascist Action group in the United Kingdom. On the international level, from 2003, many of these groups affiliated with the “Antifa-Net: International Antifascist Network for Research and Action” network.

History

Logo used by the Torch Antifa Network

In the 1920s and 1930s, antifascists battled fascists in the streets of Germany, Italy and Spain.[4] In response to rise of Neo-Nazism after the fall of the Berlin Wall,[4]Antifa was formed in Germany in the 1980s; since that time, it “has active cells across the world, including in Germany, the U.S., Canada, the Netherlands, Norway, Sweden, Czechia, and France.”[2] Cells forming in the United States, “initially called their groups Anti-Racist Action, on the theory that Americans would be more familiar with fighting racism than fascism.”[4]

In 2013, the “most radical” chapters of the Anti-Racist Action formed the Torch Antifa Network,[5] which has chapters throughout the United States.[1] Other Antifa groups are a part of different associations, such as NYC Antifa, or operate independently.[6]

Activity

Antifa is a political movement, not a formal organization.[4][7] Activists typically organize protests via social media and through websites and list-serves.[4][7] According to Salon.com it is an organizing strategy, not a group of people,[8]and is commonly associated with a willingness to engage in a show of force. Antifa groups have most notably protested the 2016 election of Donald Trump.[4][9][10]

Protestors under the Antifa banner participated in the 2017 Berkeley protests where they gained mainstream media attention.[7] Later, Antifa groups threatened to disrupt the 2017 Portland Rose Festival parade after hearing that the Multnomah County Republican Party would participate. They had sent the parade organizers an email, saying, “You have seen how much power we have downtown and that the police cannot stop us from shutting down roads so please consider your decision wisely”. The email also said that 200 people would “rush into the parade” and “drag and push” those marching with the Republican Party. The parade ended up being canceled by the organizers due to safety concerns.[11]

Antifa protestors participated against the 2017 Unite the Right rally.[12]

Approaches

The nature and activities of Antifa have caused some debate in the far-left; the prominent anarcho-communist website It’s Going Down published a critique of Antifa in November 2016 originally from Lucha No Feik, entitled On Antifa: Some Critical Notes.[13] The article criticised Antifa for essentially being a reactive, rather than a proactive force. The article (employing New Left tools such as critical race theory and Foucaultian structuralism, as well as left communist approaches derived from Gilles Dauvé) argues that Antifa are too hyper-focused on micro Neo-Nazi groups or single figure such as President Donald Trump as a be-all and end-all, when the United States itself as a system is “white supremacist.”[13]It’s Going Down stated that the Antifa’s ideological position was “but a few steps removed from the Liberal position that we should just all get along.”[13] It also pointed out that Antifa did not protest against the administration of President Barack Obama.[13] This elicited a response from the Philly Antifa and NYC Antifa chapters, with What do US Antifascists Actually Believe?, where they claimed, “Mobilizing large radical movements against neoliberal (or populist) capitalism is not the focus of anti-fascism; this is the work of the anarchist and anti-capitalist movements as a whole.”[14]

See also

References

  1. Jump up to:a b “US anti-fascists: ‘We can make racists afraid again'”. Al-Jazeera. Retrieved 3 August 2017.
  2. Jump up to:a b c Kozak, Edmund (24 April 2017). “The Shadowy Extremist Group Behind the Anti-Trump Riots”LifeZette. Retrieved 14 August 2017Antifa was formed originally in Germany in the 1980s, its members taking the name of the communist paramilitary groups that engaged the Nazis in street-fighting in the 1930s. It now has active cells across the world, including in Germany, the U.S., Canada, the Netherlands, Norway, Sweden, Czechia, and France.
  3. Jump up^ “Neo-Nazis Face a New Foe Online and IRL: the Far-Left Antifa”Wired.
  4. Jump up to:a b c d e f g Beinhart, Peter. “The Rise of the Violent Left”. The Atlantic. Retrieved 7 August2017.
  5. Jump up^ “Inside the Underground Anti-Racist Movement That Brings the Fight to White Supremacists”. Mother Jones. Retrieved 3 August 2017.
  6. Jump up^ Lennard, Natasha (19 January 2017). “Anti-Fascists Will Fight Trump’s Fascism in the Streets”The Nation. Retrieved 14 August 2017.
  7. Jump up to:a b c “Behind Berkeley’s Semester of Hate”. New York Times. 4 August 2017. Retrieved 7 August 2017.
  8. Jump up^ “There’s a legacy of people resisting white supremacy in the US. Antifa is not new”Salon.
  9. Jump up^ Lennard, Natasha (19 January 2017). “Anti-Fascists Will Fight Trump’s Fascism in the Streets”. The Nation. Retrieved 7 August 2017.
  10. Jump up^ Tuttle, Ian (5 June 2017). “The Roots of Left-Wing Violence”National Review. Retrieved 7 August 2017.
  11. Jump up^ Mettler, Katie (27 April 2017). “Portland rose parade canceled after ‘antifascists’ threaten GOP marchers”The Washington Post. Retrieved 14 August 2017.
  12. Jump up^ “Car Hits Crowd After White Nationalist Rally in Charlottesville Ends in Violence”The New York Times.
  13. Jump up to:a b c d “On Antifa: Some Critical Notes”. It’s Going Down. Retrieved 3 August 2017.
  14. Jump up^ “What do US Antifascists Actually Believe? A Reply to “On Antifa: Some Critical Notes””. Anarchist News. Retrieved 3 August 2017.

External links

https://en.wikipedia.org/wiki/Antifa_(United_States)

 

Patriot movement

From Wikipedia, the free encyclopedia

The “Betsy Ross” flag

The patriot movement is a collection of various conservative, independent, largely rural, small government,[1] social movements in the United States that include organized militia members, tax protesterssovereign or state citizensquasi-Christian apocalypticists/survivalists, and combinations thereof.[2] Adherents describe the movement as centered on a belief that individual liberties are in jeopardy due to unconstitutional actions taken by elected government officials, appointed bureaucrats, and some special interest groups outside of government, to illegally accumulate power.[3] Journalists and researchers have associated the patriot movement with the right-wing militia movement[4] and some in the movement have been associated with illegal acts of violence.[1][5][6] United States law enforcement groups “call them dangerous, delusional and sometimes violent.”[7]

Major events in America which alarm or inspire the patriot movement include the 1992 Ruby Ridge siege, the 1993 Waco siege and the 1996 Summer Olympics. After declining from 1996 to 2008, the number of patriot groups has increased dramatically following the election of Barack Obama to the presidency.[8] Other factors leading to the increase in groups include the rise of social media, the rise of globalism, the Great Recession and its aftermath, and, to the small White Supremacist branch of the patriot movement, increasing ethnic diversity in the United States.[9] The movement’s iconography centers on themes relating to the American Revolution, such as the colonial Minuteman, the 13-star Betsy Ross flagThomas Jefferson, and the Archibald Willard painting “The Spirit of ’76”.[citation needed]

History

Some date the movement back to the 1950s. The reformist wing of the patriot movement is considered to have begun in 1958 with the formation of the John Birch Society and opposition to communism, the United Nations and the civil rights movement.[10][11] An insurgent wing has been traced in origins to the Liberty Lobby active in the 1950s with promotion of themes of White supremacy and antisemitism.[12]

In the early 1990s, the patriot movement saw a surge of growth spurred by the confrontations at Ruby Ridge and Waco.[1][5] The 1995 Oklahoma City bombing was carried out by two patriot movement members, Timothy McVeigh and Terry Nichols.[13][14] During the 1990s the movement organized using “gun shows and the Internet“.[15] The movement was highly active in the mid-1990s, and at a peak in 1996 contained around 800 separate groups.[13] It saw decline in the late 1990s.[8][16][16][17]

In 2009, the Southern Poverty Law Center (SPLC) expressed concern about a resurgent patriot movement,[18][19] and the United States Department of Homeland Security issued a report warning of heightened “Rightwing Extremism”.[20] The SPLC attributed this growth to “an angry backlash against non-white immigration and … the economic meltdown and the climb to power of Barack Obama.[21] It reported that the number of patriot groups grew from 149 in 2008, to 824 in 2010, to 1,274 in 2011[22] and 1,360 in 2012.[23] According to the SPLC, “That explosive growth seems to have been driven by the election of our first black president and the approaching loss of a white majority in the U.S. that he represents. Another driver is the crash of the economy, which coincided neatly with the rise to national power of President Obama.”[23]

The SPLC found that while “there are many people” in the patriot movement “that aren’t engaged in illegal activity,” the “normalizing of conspiracy theories”—such as the belief that the Federal Emergency Management Agency (FEMA) is building concentration camps; rumors of covert plans by Mexico to repatriate parts of the Southwest; and concerns about Muslim Sharia law becoming part of the US court system—has played into the growth of the groups.[22]

An extremist member of the patriot movement carried out the 2009 anti-abortion murder of George Tiller,[24][25] and some extremists within the movement also have expressed support for Joseph Stack’s 2010 plane crash into an Internal Revenue Service office.[26]

The movement was connected to, and received a boost in profile from, the 2014 Bundy standoff and 2016 Occupation of the Malheur National Wildlife Refuge. Two members of the movement, Jerad Miller and Amanda Miller, killed two police officers and a civilian during a violent shooting rampage in Las Vegas after leaving the Bundy standoff; they pinned a note to one of their victims saying “This is the beginning of the revolution.”[7]

Views

Various patriot movement aligned groups have frequently been described as racist, extremist, anti-semitic, and violent by groups such as the Southern Poverty Law Center,[27][28] Anti-Defamation League,[29] and the FBI.[30]

Descriptions of the patriot movement include:

In addition, the patriot movement has been associated with the following views:

Elements of the patriot movement have expressed support for various conspiracy theories:

In addition to the militia movement, which is said to have come out of the patriot movement, the patriot movement is often associated with the sovereign citizen movement, whose adherents believe that “most US law doesn’t apply to them.”[2][22]

Groups

Groups that have been mentioned in association with the patriot movement include

See also

References

  1. Jump up to:a b c d e f g Right-wing Counterculture Uses Waco as Rallying Cry| Herald-Journal 24 April 1995
  2. Jump up to:a b c d e AMERICAN MILITIAS: Rebellion, Racism & Religionby Richard Abanes, review by Dennis L. Feucht in American Scientific Affiliation.
  3. Jump up^ John Wallace, American Patriot Movement
  4. Jump up^ Parish, Jane; Parker, Martin (3 December 2001). “The Age of Anxiety: Conspiracy Theory and the Human Sciences”. Wiley – via Google Books.
  5. Jump up to:a b c Salon.com Books | America’s homegrown terrorists
  6. Jump up to:a b Winerip, Michael (June 23, 1996). “Ohio Case Typifies the Tensions Between Militia Groups and Law”The New York Times.
  7. Jump up to:a b Sullivan, Kevin. “Primed to Fight The Government”Washington Post.
  8. Jump up to:a b Report: ‘Explosive’ Growth Of ‘Patriot Movement’ And Militias Continues by Mark Memmott npr.org 13 March 2012
  9. Jump up^ “PublicEye.org – The Website of Political Research Associates”.
  10. Jump up^ Wright, Stuart T. (2007). Patriots, politics, and the Oklahoma City bombing. Cambridge, UK: Cambridge University Press. pp. 54–55. ISBN 0-521-87264-2…marking the genesis of a Patriot narrative. The Birch Society was founded in 1958 by Robert Welch,…
  11. Jump up^ Michael, George C. (2003). Confronting right-wing extremism and terrorism in the USA. New York: Routledge. pp. 44–47. ISBN 0-415-31500-X.
  12. Jump up^ Matthew Lyons, Chip Berlet (2000). Right-wing populism in America: too close for comfort. New York: Guilford Press. pp. 288–289. ISBN 1-57230-562-2The Patriot movement was bracketed on the reformist side by the Birch Society and the conspiracist segment of the Christian Right and on the insurgent side by the Liberty Lobby and groups promoting themes historically associated with White supremacy and antisemitism.
  13. Jump up to:a b c Janofsky, Michael (April 11, 1996). “Closer Watch of Paramilitary Groups Is Urged”The New York Times.
  14. Jump up^ Michel, Lou. “American Terrorist”, 2001.
  15. Jump up to:a b c Online NewsHour:Militia Movement – April 3, 1997
  16. Jump up to:a b “Militias ‘in retreat'”BBC News. May 11, 2001.
  17. Jump up^ “Patriots No More”CBS News. April 19, 2001.
  18. Jump up^ Militia movement on the rise – 22 August 2009 – MiamiHerald.com
  19. Jump up^ Bright, Arthur (14 August 2009). “Report: militia activity on the rise in US” – via Christian Science Monitor.
  20. Jump up^ Carty, Daniel (April 16, 2009). “Homeland Security Chief Defends Report On Right Wing Extremists”CBS News.
  21. Jump up^ Gaynor, Tim (March 4, 2010). “U.S. right-wing groups, militias surge: study”Reuters.
  22. Jump up to:a b c d Right-wing ‘patriot’ groups girding for actual class warfare, report says By Patrik Jonsson | csmonitor.com | 8 March 2012
  23. Jump up to:a b Potok, Mark (November 2, 2013). “Hatewatch Exclusive: Alleged LAX Shooter Referenced ‘Patriot’ Conspiracy Theories”. Southern Poverty Law Center.
  24. Jump up^ Berlet, Chip (June 3, 2009). “Anti-Abortion Violence and the Right-Wing Patriot Movement”Huffington Post.
  25. Jump up^ Saulny, Susan; Davey, Monica (2 June 2009). “Seeking Clues on Suspect in Shooting of Doctor” – via NYTimes.com.
  26. Jump up^ News, A. B. C. (7 September 2010). “Extremists in ‘Patriot’ Movement Calling Joe Stack a Hero”.
  27. Jump up^ “Key Events and Crimes of the Patriot Movement”SPLCenter.org. April 15, 2015. Retrieved February 23, 2017.
  28. Jump up^ “THE ‘PATRIOT’ MOVEMENT TIMELINE”SPLCenter.org. Retrieved February 23, 2017.
  29. Jump up^ “The Oath Keepers: Anti-Government Extremists Recruiting Military and Police”ADL.org. September 16, 2015. Retrieved February 23, 2017.
  30. Jump up^ “Terrorism in the United States 1996” (PDF). FBi.gov. Retrieved February 23, 2017.
  31. Jump up^ Tea Party Lights Fuse for Rebellion on Right By DAVID BARSTOW| nyt.com 15 February 2010
  32. Jump up to:a b c d Patriot Movement is Alive and Well in the US Los Angeles Daily News 26 December 1994 |(Wilmington NC, Star-News Google News Archive Search
  33. Jump up to:a b c Janofsky, Michael (May 31, 1995). “Demons and Conspiracies Haunt a ‘Patriot’ World”The New York Times.
  34. Jump up^ “Pittsburgh Post-Gazette – Google News Archive Search”.
  35. Jump up^ Zaitchik, Alexander (2010). “‘Patriot’ Paranoia: A Look at the Top Ten Conspiracy Theories”Intelligence Report. Southern Poverty Law Center. Fall 2010 (139). Retrieved May 27, 2014.
  36. Jump up^ Lampart, Andrew (July 4, 2013). “Sandy Hook Massacre: Did It Really Happen? A Look at the Conspiracies”. Patriot News Organization (PNO). Retrieved May 27, 2014.
  37. Jump up^ Nugent, Karen (October 23, 2009). “Ready to Protect: Former Bolton Chief Focuses On Constitution”Telegram & Gazette. Retrieved October 24, 2009.

Further reading

External links

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

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The Pronk Pops Show 939, August 2, 2017, Breaking News — Story 1: President Trump For National Unity Furiously Signs Flawed Russia, Iran, and North Korea Sanctions Bill — Videos — Story 2: Trump Announces New Immigration Policy — Reforming American Immigration for Strong Employment (RAISE) Act — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 939,  August 2, 2017

Pronk Pops Show 938,  August 1, 2017

Pronk Pops Show 937,  July 31, 2017

Pronk Pops Show 936,  July 27, 2017

Pronk Pops Show 935,  July 26, 2017

Pronk Pops Show 934,  July 25, 2017

Pronk Pops Show 934,  July 25, 2017

Pronk Pops Show 933,  July 24, 2017

Pronk Pops Show 932,  July 20, 2017

Pronk Pops Show 931,  July 19, 2017

Pronk Pops Show 930,  July 18, 2017

Pronk Pops Show 929,  July 17, 2017

Pronk Pops Show 928,  July 13, 2017

Pronk Pops Show 927,  July 12, 2017

Pronk Pops Show 926,  July 11, 2017

Pronk Pops Show 925,  July 10, 2017

Pronk Pops Show 924,  July 6, 2017

Pronk Pops Show 923,  July 5, 2017

Pronk Pops Show 922,  July 3, 2017 

Pronk Pops Show 921,  June 29, 2017

Pronk Pops Show 920,  June 28, 2017

Pronk Pops Show 919,  June 27, 2017

Pronk Pops Show 918,  June 26, 2017 

Pronk Pops Show 917,  June 22, 2017

Pronk Pops Show 916,  June 21, 2017

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

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Image result for RAISE ACT immigration

Image result for Reforming American Immigration for a Strong Economy (RAISE) Act. charts on numbers 

Breaking News — Story 1: President Trump For National Unity Furiously Signs Flawed Russia, Iran, and North Korea Sanctions Bill — Videos —

President Trump signs Russian sanctions bill Fox News Video

President Trump signs new Russia sanctions, questions whether bill interferes with foreign policy 

BREAKING NEWS 8/2/17 PRESIDENT TRUMP SIGNS NEW RUSSIA SANCTIONS BILL

January 3, 2017: Sen. Tom Cotton joined Tucker Carlson Tonight on Fox News

Trump Signs Sanctions Bill – Another Deep State Victory

Real Bipartisanship: Republicans And Democrats Unite For New Cold War

Germany growing sick of US sanctions on Russia

Russians See Sanctions Regime as a Blessing in Disguise

Trump signs Russia sanctions bill but blasts Congress

In a pair of statements, the president said parts of the law violate the Constitution.

President Donald Trump on Wednesday signed a bipartisan bill placing new sanctions on Russia — but in a statement, he claimed multiple aspects of the legislation violate the Constitution.

The sanctions, aimed at punishing Russia for its interference in the 2016 election, limit the president’s power to lift the sanctions without congressional approval and were initially resisted by the administration.

In one of two statements released almost simultaneously Wednesday morning by the White House, Trump said he supports the law’s efforts to crack down on the actions of Iran, North Korea and Russia. But the White House protested what it sees as congressional encroachment on the president’s power in foreign affairs.

“In its haste to pass this legislation, the Congress included a number of clearly unconstitutional provisions,” Trump said in one statement. “My Administration particularly expects the Congress to refrain from using this flawed bill to hinder our important work with European allies to resolve the conflict in Ukraine, and from using it to hinder our efforts to address any unintended consequences it may have for American businesses, our friends, or our allies.”

The president’s second statement included a stepped-up defense of his own administration’s foreign policy and input on the legislation. Trump said that “despite its problems,” he had signed the bill “for the sake of national unity.” The statement characterized the governments of Iran and North Korea as “rogue regimes,” a label he did not apply to the Russian government.

Even as he continues to label Russian interference in the election a “hoax,” the statement went further in acknowledging the intrusion than Trump has in the past.

“I also support making clear that America will not tolerate interference in our democratic process, and that we will side with our allies and friends against Russian subversion and destabilization,” the statement said.

Still, Trump was quick to push back on what he views as congressional overreach.

“The bill remains seriously flawed — particularly because it encroaches on the executive branch’s authority to negotiate. Congress could not even negotiate a health care bill after seven years of talking,” Trump said, in reference to congressional Republicans’ latest failure to repeal and replace the Affordable Care Act.

“I built a truly great company worth many billions of dollars. That is a big part of the reason I was elected,” the president continued. “As President, I can make far better deals with foreign countries than Congress.”

The statements drew mixed reaction on Capitol Hill.

Senate Foreign Relations Chairman Bob Corker, a leading architect of the sanctions bill, told reporters he was not concerned about Trump’s statement, though he said he had not yet seen it.

“Both countries talk privately in ways that are very different from how they talk publicly,” the Tennessee Republican said of U.S.-Russia relations. “But this was a necessary step that we took, and I’m glad we took it.”

In addition to allowing lawmakers to handcuff Trump on any future changes to Russia sanctions, the legislation converts some existing sanctions from executive orders into law, making them more difficult to roll back, and imposes new sanctions focused on Moscow’s reported cyber-meddling in the November election. The legislation’s Iran and North Korea sanctions were broadly popular in both parties and with the Trump administration.

Although White House officials asserted that some of the preferred changes to the legislation were included before its final passage last week, the administration had long underscored its opposition to provisions that will impede Trump’s ability to warm relations with Russian President Vladimir Putin.

“The action by the Congress to put these sanctions in place and the way that they did, neither the president nor I are very happy about that,” Secretary of State Rex Tillerson told reporters Tuesday. “We were clear that we didn’t think it was going to be helpful to our efforts.”

Still, Tillerson added, “we can’t let it take us off track of trying to restore the relationship” with Russia.

Even as Trump criticized the measure, he added that “I nevertheless expect to honor the bill’s waiting periods to ensure that Congress will have a full opportunity to avail itself of the bill’s review procedures.”

That apparent concession by Trump did not assuage Democratic concerns about his signing statement. House Minority Leader Nancy Pelosi of California warned in a statement that Trump’s interpretation of the sanctions bill “raises serious questions about whether his administration intends to follow the law, or whether he will continue to enable and reward Vladimir Putin’s aggression.”

And some Republicans who played a key role in the sanctions package raised their own alarms.

“Look, whether it was President Bush, President Obama, or President Trump, I’ve never been a fan of signing statements,” said Sen. Cory Gardner of Colorado. “I think they’re a way for any president to usurp the role of the legislative branch. And that’s why I’ve always been concerned, regardless of who issued them, on any matter.”

The bill enjoyed wide bipartisan support. The House passed the sanctions by a vote of 419-3, and the Senate cleared it 98-2 — making any presidential veto futile and sure to be overridden.

With multiple investigations into whether the Trump campaign colluded with Russia, a veto also would have been politically disastrous.

After weeks of waffling, the White House confirmed over the weekend that Trump would sign the bill.

The White House still sought to characterize the bill as a win, with press secretary Sarah Huckabee Sanders saying in a statement on Friday that Trump “negotiated regarding critical elements of it” and decided to sign it “based on its responsiveness to his negotiations.”

The statement Wednesday also contained a warning — not to Russia, but to Congress.

“The Framers of our Constitution put foreign affairs in the hands of the President,” Trump said. “This bill will prove the wisdom of that choice.”

http://www.politico.com/story/2017/08/02/trump-signs-bipartisan-russia-sanctions-bill-241242

 

Furious Trump signs Russian sanctions into law – then issues tirade against ‘unconstitutional’ bill and boasts his billions show why Congress shouldn’t stop him making deals with Putin

  • President Donald Trump signed legislation imposing new sanctions on Russia, North Korea, and Iran
  • The White House did not organize a ceremony of any kind for it
  • Trump said in a statement he signed the bill for the sake of ‘national unity’ 
  • The White House lobbied to water down restrictions in the bill
  • It passed Congress overwhelmingly with veto-proof majorities
  • Secretary of State Rex Tillerson said he and the president were not ‘very happy’ about the sanctions bill 

President Donald Trump signed legislation Wednesday that slaps sanctions on Russia and limits his own ability to create waivers – but at the same time issued a furious statement calling it ‘flawed’.

He signed the bill, which Secretary of State Rex Tillerson publicly said he wasn’t happy about, in private.

Then the White House sent out statement by the president revealing the depths of his unhappiness and boasting that his billions showed he was far better at deal-making than Congress.

Trump said despite some changes, ‘the bill remains seriously flawed – particularly because it encroaches on the executive branch’s authority to negotiate.’

He called parts of it ‘unconstitutional’ and signaled fresh tensions with Republicans by criticizing their failure to repeal and replace Obamacare.

President Donald Trump has signed legislation that slaps sanctions on Russia and limits his own ability to create waivers

‘Congress could not even negotiate a healthcare bill after seven years of talking. By limiting the Executive’s flexibility, this bill makes it harder for the United States to strike good deals for the American people, and will drive China, Russia, and North Korea much closer together.

‘The Framers of our Constitution put foreign affairs in the hands of the President. This bill will prove the wisdom of that choice,’ Trump said in a statement.

‘Yet despite its problems, I am signing this bill for the sake of national unity. It represents the will of the American people to see Russia take steps to improve relations with the United States. We hope there will be cooperation between our two countries on major global issues so that these sanctions will no longer be necessary.’

In a message to Congress in response to the bill, Trump singled out provisions his lawyers considers in conflict with Supreme Court case law – and asserts his own latitude to carry out the law as he sees fit.

Secretary of State Rex Tillerson said Trump wasn't happy with the bill

Secretary of State Rex Tillerson said Trump wasn’t happy with the bill

‘My Administration will give careful and respectful consideration to the preferences expressed by the Congress in these various provisions,’ the president said in one point – in language certain to irk lawmakers who consider the law much more than a preference.

‘My administration … expects the Congress to refrain from using this flawed bill to hinder our important work with European allies to resolve the conflict in Ukraine, and from using it to hinder our efforts to address any unintended consequences it may have for American businesses, our friends, or our allies,’ he said.

The president also complained about what he said were ‘clearly unconstitutional provisions’ in the legislation relating to presidential powers to shape foreign policy.

 White House counselor Kellyanne Conway confirmed the signing on Fox News.

The bill passed Congress by overwhelming margins sufficient to override a presidential veto. The White House lobbied to water down restrictions in the bill.

The bill contains language meant to prevent the president from lifting them without approval from Congress – provisions that got drafted amid concerns Trump would lift or limit sanctions amid his frequent praise for Russian President Vladimir Putin and desire to improve ties between the two powers.

Secretary of State Rex Tillerson told reporters he shared misgivings with the president, as they try to improve relations with Russia.

‘Neither the president nor I are very happy about that,’ Tillerson said. ‘We were clear that we didn’t think that was going to be helpful to our efforts, but that’s the decision they made.’

The FBI and congressional intelligence panels are probing Trump campaign connections to Russians during the election.

SIGN OF THE TIMES: Russian President Vladimir Putin speaks during a news conference after the G20 summit in Hamburg, northern Germany, July 8, 2017

SIGN OF THE TIMES: Russian President Vladimir Putin speaks during a news conference after the G20 summit in Hamburg, northern Germany, July 8, 2017

Then-candidate Donald Trump holds up a signed pledge during a press availability at Trump Tower in Manhattan, New York September 3, 2015

Then-candidate Donald Trump holds up a signed pledge during a press availability at Trump Tower in Manhattan, New York September 3, 2015

Justice Department lawyers and security officials were reviewing Russia sanctions legislation Tuesday

Justice Department lawyers and security officials were reviewing Russia sanctions legislation Tuesday

Trump during the campaign repeatedly called for better relations with Russia. The U.S. intelligence community concluded that the Russian government backed a campaign to interfere in the presidential election.

Despite communications with Russian President Vladimir Putin capped off by two one-on-one meetings in Europe, Trump has struggled to meet his goal.

Putin said last weekend that Russia would expel more than 700 U.S. diplomats from Russia in retaliation for the sanctions legislation.

I’M WORTH BILLIONS – I CAN MAKE BETTER DEALS THAN CONGRESS

Today, I signed into law the ‘Countering America’s Adversaries Through Sanctions Act,’ which enacts new sanctions on Iran, North Korea, and Russia. I favor tough measures to punish and deter bad behavior by the rogue regimes in Tehran and Pyongyang. I also support making clear that America will not tolerate interference in our democratic process, and that we will side with our allies and friends against Russian subversion and destabilization.

That is why, since taking office, I have enacted tough new sanctions on Iran and North Korea, and shored up existing sanctions on Russia.

Since this bill was first introduced, I have expressed my concerns to Congress about the many ways it improperly encroaches on Executive power, disadvantages American companies, and hurts the interests of our European allies.

My Administration has attempted to work with Congress to make this bill better. We have made progress and improved the language to give the Treasury Department greater flexibility in granting routine licenses to American businesses, people, and companies. The improved language also reflects feedback from our European allies – who have been steadfast partners on Russia sanctions – regarding the energy sanctions provided for in the legislation. The new language also ensures our agencies can delay sanctions on the intelligence and defense sectors, because those sanctions could negatively affect American companies and those of our allies.

Still, the bill remains seriously flawed – particularly because it encroaches on the executive branch’s authority to negotiate. Congress could not even negotiate a healthcare bill after seven years of talking. By limiting the Executive’s flexibility, this bill makes it harder for the United States to strike good deals for the American people, and will drive China, Russia, and North Korea much closer together. The Framers of our Constitution put foreign affairs in the hands of the President. This bill will prove the wisdom of that choice.

Yet despite its problems, I am signing this bill for the sake of national unity. It represents the will of the American people to see Russia take steps to improve relations with the United States. We hope there will be cooperation between our two countries on major global issues so that these sanctions will no longer be necessary.

Further, the bill sends a clear message to Iran and North Korea that the American people will not tolerate their dangerous and destabilizing behavior. America will continue to work closely with our friends and allies to check those countries’ malignant activities.

I built a truly great company worth many billions of dollars. That is a big part of the reason I was elected. As President, I can make far better deals with foreign countries than Congress.

In his statement about the bill, Trump highlighted a series of concerns about the legislation. Had he vetoed it, Congress could have easily overridden him.

‘Since this bill was first introduced, I have expressed my concerns to Congress about the many ways it improperly encroaches on Executive power, disadvantages American companies, and hurts the interests of our European allies,’ Trump complained.

‘My Administration has attempted to work with Congress to make this bill better. We have made progress and improved the language to give the Treasury Department greater flexibility in granting routine licenses to American businesses, people, and companies. The improved language also reflects feedback from our European allies – who have been steadfast partners on Russia sanctions – regarding the energy sanctions provided for in the legislation. The new language also ensures our agencies can delay sanctions on the intelligence and defense sectors, because those sanctions could negatively affect American companies and those of our allies.’

 Russia hawk Sen. John McCain of Arizona responded in a statement: ‘I welcome President Trump’s decision to sign legislation imposing new sanctions on Russia, Iran, and North Korea. The enactment of this legislation, which enjoyed overwhelming bipartisan support in both houses of Congress, sends a strong message to friend and foe alike that the United States will hold nations accountable for aggressive and destabilizing behavior that threatens our national interests and those of our allies and partners.’

McCain also called out Trump’s signing statement. ‘The concerns expressed in the President’s signing statement are hardly surprising, though misplaced. The Framers of our Constitution made the Congress and the President coequal branches of government. This bill has already proven the wisdom of that choice,’ he wrote.

“While the American people surely hope for better relations with Russia, what this legislation truly represents is their insistence that Vladimir Putin and his regime must pay a real price for attacking our democracy, violating human rights, occupying Crimea, and destabilizing Ukraine.’

http://www.dailymail.co.uk/news/article-4754014/President-Donald-Trump-signs-Russia-sanctions-bill.html#ixzz4ocylqTKe

 

President Vladimir V. Putin of Russia met with President Trump for the first time during the Group of 20 summit meeting in Hamburg, Germany, this month. CreditStephen Crowley/The New York Times

MOSCOW — The last time the Kremlin forced a sweeping reduction of local staff at the American Embassy in Moscow, a young diplomat named Steven Pifer found himself working four days a week on arms control, as usual. But on the fifth day, he navigated the capital in a big truck to move furniture or haul mammoth grocery loads.

The entire staff of the embassy, except the ambassador, was assigned one day each week to grunt work called All Purpose Duty, Mr. Pifer recalled in an interview on Monday, when they shed their dark suits and polished loafers to mow the lawns, fix the plumbing, cook in the cafeteria and even clean the toilets.

That was a last hurrah for the Cold War in 1986, and although the embassy now functions on a far more complex scale, many current and former diplomats expect a similar effort in the wake of President Vladimir V. Putin’s announcement on Sunday that the United States diplomatic mission in Russia must shed 755 employees by Sept. 1.

“The attitude in the embassy was if they think that they will shut us down, we will show them,” said Mr. Pifer, who went on to become an American ambassador to Ukraine and is now a senior fellow at the Brookings Institution in Washington. “I think the embassy will adapt this time, too.”

Russia demanded that the United States reduce its diplomatic staff to equal the 455 Russian diplomats working in the United States, including at the mission to the United Nations. That means cutting about 60 percent of a work force estimated at 1,200 to 1,300 people, the vast majority of whom are Russians.

Given the continuing deterioration in relations between the two countries, core functions like political and military analysis will be preserved, along with espionage, experts said, while programs that involve cooperation on everything from trade to culture to science are likely to be reduced or eliminated.

Besides the State Department, a dizzying array of American government agencies have employees at the embassy, including the Departments of Agriculture and Commerce as well as NASA and the Library of Congress.

The other area expected to take a heavy hit will be public services, like issuing visas to Russian travelers to the United States, which is likely to slow to a glacial pace.

The Russian staff can be broken down into two broad categories: specialists who help individual departments in the embassy like public relations, and basic service workers employed as security guards, drivers, janitors, electricians and a host of other maintenance functions.

As of 2013, the latest year for which public records are available, there were 1,279 staff members working in the American Embassy in Moscow and in consulates in St. Petersburg, Yekaterinburg and Vladivostok, according to a report by the Inspector General’s Office. Of those, 934 were not Americans, including 652 basic service workers. The numbers are believed to have stayed roughly the same.

Russian staff members working in various departments like the political or economic section often provide the embassy’s institutional memory, because they stay on the job for years while American diplomats rotate every two or three years. (If the Russian employees stay for at least 15 years, they are eligible for special immigration visas to the United States and their salaries are high by Russian standards.)

It is the Russians who tend to notice nuances in domestic news coverage or in Mr. Putin’s speeches, or who direct diplomats toward public events or responsible journalists. The Russian employees provide continuity, an American diplomat who recently left Moscow said, speaking anonymously because he was not authorized to speak publicly.

Gen. Bruce McClintock, the American Defense attaché from 2014 to 2016 and now a RAND Corporation analyst, said Russian employees were often more effective in organizing meetings with government officials, while experienced translators ensured that the positions of both sides were clear in often complex discussions.

Russia had already chipped away at embassy programs, anyway, he noted. In 2013, it shuttered USAID, for example, and in 2014, in response to the West’s cutting off military cooperation after the Ukraine crisis, it closed the Defense Threat Reduction Agency.

Although the work continued, it was much harder to coordinate because its 10 employees had departed, said General McClintock.

Russian nationals are not given the security clearances needed to work in the more clandestine branches of the embassy. Indeed, in the chancellery itself, no Russians worked above the fourth floor in the roughly 10-story building, former Russian employees said.

The American Embassy, which held a staff meeting on Monday to confirm the news to its employees, refused to comment on the events, while in Washington the State Department would say only that it was studying the Russian government’s request.

The general hostility toward the United States means Moscow was already considered a hardship post for American diplomats, and the new measures will lower morale further, diplomats said.

Russian employees are confused and do not yet understand how the changes will be carried out, a former Russian employee now working outside the country said, adding with dark humor that Stalin used to say there were no irreplaceable people.

Russian employees who worked for specialized departments feel especially vulnerable because they carry a certain stigma in Russia’s current nationalistic mood. Michael McFaul, a Stanford University professor who was the American ambassador from 2012 to 2014, remembered trying to help find work for 70 Russians who were let go when the Kremlin closed the USAID office.

It was especially hard because “many Russian companies would not consider hiring these ‘tainted’ people,” he said in an email.

In recent years, local employees have come under increasing pressure from the Russian security service, the F.S.B., according to current and former employees. Russians escorting delegations of American musicians around the country were harassed, for example, or some in Moscow returned home from work to find agents sitting in their living rooms, demanding that they inform on their employers, they said.

Mr. Pifer said American diplomats who lived through the 1986 clampdown learned all kinds of things about Soviet life that they would not have otherwise.

One of his colleagues, who had to navigate customs, wrote a slightly tongue-in-cheek diplomatic cable titled “The 29 Steps Needed to Clear a Container of Furniture,” detailing every stamp issued on every piece of paper. The cable was a huge hit back in Washington, he said.

In previous spats with the United States or the West in general, Mr. Putin often chose measures that hurt Russians the most, not least because Russia’s limited economic reach globally means it does not have many options.

Angered over sanctions imposed by Congress under the Magnitsky Act in 2012, he banned Americans from adopting Russian children. When the West imposed economic and military sanctions after the Russian annexation of Crimea in 2014, he barred a broad array of food imports, forcing up prices and limiting the options for Russian consumers.

This time, hundreds of Russians will lose their jobs and Russian travelers hoping to visit the United States are likely to wait months for visas. Some 50 Russians were employed in the consular section that processes visas, according to the inspector general’s report.

“I don’t think Mr. Putin is terribly worried about this,” Mr. Collins said, noting the presidential election looming in March. “As he is running for election, it is comfortable for him to show that he can stand up to the Americans and to protect Russian interests and that is what he is doing.”

Outside the embassy on Monday, many of those emerging from the visa section suggested the Russian measures could only make a bad situation worse. Anecdotal evidence suggested that on both sides, what used to take weeks had already slowed to months.

Shavkat Butaev, 50, who works for a company that helps Russians get visas, said rejections were way up, too. “It was never like this before. Fifty, 60 people get rejected every day,” he said.

Oleg Smirnov, an 18-year-old student studying in the United States to become a psychiatrist, said that he had hoped President Trump would improve relations and that he was worried about possible fallout on immigration policy.

“These mutual sanctions look like a game played with water guns,” he said

https://www.nytimes.com/2017/07/31/world/europe/russia-sanctions-embassy.html

Story 2: Trump Announces New Immigration Policy — Reforming American Immigration for Strong Employment (RAISE) Act — Videos

Trump announces new immigration policy

Published on Aug 2, 2017

President Trump announced the Reforming American Immigration for Strong Employment (RAISE) Act on Aug. 2, which aims to cut immigration by half from the current level of more than 1 million green cards granted per year.

 

Pres Trump and Sens Cotton and Perdue Introduce “The Raise Act”. Excellent!

August 2, 2017: Sen. Cotton and Sen. Perdue Answer Questions about the RAISE Act at the White House

 

Jim Acosta vs Stephen Miller – Immigration – White House Press Briefing 8/2/17

Senator Tom Cotton, Immigration Reform, and the RAISE Act

Senators David Perdue and Tom Cotton RAISE Act Press Conference

Immigration by the Numbers — Off the Charts

Sen.Barbara Jordan Legal Immigration Recommendations

2015 Barbara Jordan TV ad

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

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

Milton Friedman – Illegal Immigration – PT 1

Milton Friedman – Illegal Immigration – PT 2

Why Free Markets Work: Milton Friedman on Political Economy (1996)

Obama’s Amnesty & How Illegal Immigration Affects Us

The Impact of Immigration on Jobs and Income

 

Trump, GOP senators unveil measure to cut legal immigration

Trump, GOP senators unveil measure to cut legal immigration

President Trump on Wednesday teamed up with two conservative Republican senators to roll out new legislation aimed at dramatically curbing legal immigration to the United States, a key Trump campaign promise.

Sens. Tom Cotton (R-Ark.) and David Perdue (R-Ga.) have been working with White House officials to revise and expand a bill released earlier this year that would halve the number of people who receive legal permanent residence over a decade.

The senators joined Trump at a White House ceremony to announce the measure.

The president told reporters in the Roosevelt Room that the measure “would represent the most significant reform to our immigration system in a half a century.”
They say the legislation would move the United States to a “merit-based” immigration system and away from the current model, which is largely based on family ties.
The measure reflects Trump’s rhetoric during the 2016 campaign, when he argued that the spike in legal immigration over the past several decades has taken job opportunities away from American citizens and threatened national security.
“As a candidate, I campaigned on creating a merit-based immigration system that protects U.S. workers and taxpayers and that’s why we are here today,” he said, adding the measure would “reduce poverty, increase wages and save taxpayers billions and billions of dollars.”
Trump met with Cotton and Perdue in March to discuss the legislation, known as the Reforming American Immigration for a Strong Economy (RAISE) Act.
The bill would mark a dramatic change in U.S. immigration laws, and could open up a nasty internal fight among Republicans.

The legislation would eliminate immigration preferences currently given to extended family members and adult children of U.S. citizens seeking green cards, and it would cap the number of accepted refugees at 50,000 — half of the Obama administration’s target for 2017.

It would also end the State Department’s Diversity visa lottery, which the senators say is “plagued with fraud.” The program had been allotted 50,000 visas for the 2018 fiscal year.

About 1 million immigrants receive green cards per year.

Conservative outside groups immediately praised the legislation and called for the Senate to vote on the bill.

“The RAISE Act helps realize President Trump’s vision of making America great again by making immigration great again as well. It provides a pathway for a modern, smarter immigration system while protecting those Americans struggling to make ends meet,” said Dan Stein, president of Federation for American Immigration Reform.

Roy Beck, president of NumbersUSA, added that the Cotton-Perdue bill will “do more than any other action to fulfill” Trump’s campaign pledges on immigration.

The legislation faces an uphill battle in the Senate, however, where it’s expected to get pushback from Democrats as well as GOP senators who oppose strict limits on legal immigration and want a broader reform effort that would address the roughly 11 million undocumented immigrants living in the U.S.

If Cotton and Perdue can get GOP leadership to bring the legislation up for a vote, supporters will need to cobble together 60 senators, including at least eight Democrats or independents, to agree to start debate on the legislation.

Sen. Lindsey Graham (R-S.C.) and a handful of Republicans — including GOP Sens. Jeff Flake (Ariz.), Lisa Murkowski (Alaska) and Dean Heller (Nev.) — have been working on bills this year to allow undocumented immigrants who entered the country as children to, at least temporarily, remain in the country legally.

Hundreds of thousands of undocumented immigrants have been granted temporary reprieves from deportation under the Obama-era Deferred Action for Childhood Arrivals program. But it does not confer legal status on immigrants.

Cotton and Perdue would need to win over their votes, as well as Sen. John McCain. The Arizona Republican, who is currently undergoing cancer treatment, was critical of their earlier bill.

The White House roll out could give the legislation a boost of momentum, but the earlier version of the Cotton-Perdue bill garnered zero cosponsors.

Critics of the measure say it would devastate families’ effort to reunite with their overseas relatives while providing few economic benefits.

“If this is an acknowledgement that our immigration system is broken, the Trump administration and these senators are right, but this is the wrong way to fix it,” said Ali Noorani, executive director of the National Immigration Forum. “Cutting legal immigration for the sake of cutting immigration would cause irreparable harm to the American worker and their family.”

“Congress should focus on stopping illegal immigration – not on restricting the legal immigration that grows our economy,” said John Feinblatt, president of the former New York City Mayor Michael Bloomberg-backed group New American Economy.

http://thehill.com/homenews/administration/344924-trump-gop-senators-unveil-measure-to-cut-legal-immigration

Sen. Cotton Officially Introduces RAISE Act

PUBLISHED:

Thu, FEB 16th 2017 @ 9:40am EST

Sen. Tom Cotton (R-Ark.) has officially introduced the Reforming American Immigration for Strong Employment (RAISE) Act, S. 354, in the Senate. The bill would reduce legal immigration by up to 50% by ending future chain migration and the diversity visa lottery.

Roy Beck, President and Founder of NumbersUSA responded saying, “the RAISE Act has a number — S. 354 — and one that we will do all possible to ensure that lives on through history as one of the great achievements of this period of our country.”

The RAISE Act would:

  • End the Visa Lottery
  • Limit annual refugee admissions to 50,000
  • End chain migration
  • Reduce the worldwide level of family-sponsored immigrants from 480,000 to 88,000 by prioritizing nuclear family
  • Add a nonimmigrant visa for parents of adult U.S. citizens (W-Visa)
    • 5-year renewable visa
    • No work authorization or ability to receive public benefits

The RAISE Act would reduce legal immigration to the United States by 50% in an effort to diminish its impact on vulnerable American workers. First, it eliminates the visa lottery and limits refugee admissions to 50,000 per year, removing the ability of the President to unilaterally adjust upward refugee admissions. Further, it eliminates chain migration by limiting family-sponsored immigration to the spouses and minor children of U.S. citizens and legal permanent residents.

While U.S. citizens maintain the ability to sponsor nuclear family members without numerical limitation, the worldwide level of family-sponsored immigration is reduced from 480,000 to 88,000 to account for the elimination of the extended-family categories. Finally, a new nonimmigrant visa category is created for parents of adult U.S. citizens. Under this new category, sponsored alien parents would receive a renewable 5-year visa, but must be financially independent or supported financially by the adult son or daughter, as the visa does not authorize the alien to work or receive any form of public benefit.

https://www.numbersusa.com/news/sen-cotton-officially-introduces-raise-act

 

 

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The Pronk Pops Show 931, July 19, 2017, Story 1: “Obamacare Failed” Says President Trump — Wants Obamacare Completely  Repealed and Replaced Sooner or Later — Obama Lied To American People — Does President Trump Understand The Relationship Between Pre-existing Conditions, Guaranteed Issue, Community Rating and Adverse Selection — Many Doubt Trump Really Understands The Relationship That Is The Real Reason Obamacare Was Designed To Fail From The Beginning So It Could Be Replaced By Single Payer Government Health Care — Videos

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Image result for cartoons trump on obamacare failure

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Story 1: “Obamacare Failed” Says President Trump — Wants Obamacare Completely  Repealed and Replaced Sooner or Later — Obama Lied To American People — Does President Trump Understand The Relationship Between Pre-existing Conditions, Guaranteed Issue, Community Rating and Adverse Selection — Many Doubt Trump Really Understands The Relationship That Is The Real Reason Obamacare Was Designed To Fail From The Beginning So It Could Be Replaced By Single Payer Government Health Care — Videos

Trump Warns GOP Senators; 7-19-2017

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Listen To Pronk Pops Podcast or Download Shows 55-57

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Listen To Pronk Pops Podcast or Download Shows 30-33

Listen To Pronk Pops Podcast or Download Shows 27-29

Listen To Pronk Pops Podcast or Download Shows 17-26

Listen To Pronk Pops Podcast or Download Shows 16-22

Listen To Pronk Pops Podcast or Download Shows 10-15

Listen To Pronk Pops Podcast or Download Shows 1-9

 

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The Pronk Pops Show 929, July 17, 2017, Story 1: Downsizing The Federal Government or Draining The Swap: Trump Should Permanently Close 8 Departments Not Appoint People To Run Them — Cut All Other Department Budgets by 20% — Video — Story 2: Federal Spending Breaks $4 Trillion for Fiscal Year 2017 — Story 3: The American People and President Trump Vs. Political Elitist Establishment of The Big Government Democratic and Republican Parties — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 929,  July 17, 2017

Pronk Pops Show 928,  July 13, 2017

Pronk Pops Show 927,  July 12, 2017

Pronk Pops Show 926,  July 11, 2017

Pronk Pops Show 925,  July 10, 2017

Pronk Pops Show 924,  July 6, 2017

Pronk Pops Show 923,  July 5, 2017

Pronk Pops Show 922,  July 3, 2017 

Pronk Pops Show 921,  June 29, 2017

Pronk Pops Show 920,  June 28, 2017

Pronk Pops Show 919,  June 27, 2017

Pronk Pops Show 918,  June 26, 2017 

Pronk Pops Show 917,  June 22, 2017

Pronk Pops Show 916,  June 21, 2017

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Image result for cartoons on big government democratic and republican partiesImage result for cartoons on big fat governmentBar Chart of Government Spending by AgencyImage result for cartoons on big government democratic and republican parties

Image result for cartoons the american people and trump vs washington establishment

 

Story 1: Downsizing The Federal Government or Draining The Swap: Trump Should Permanently Close 8 Departments Not Appoint People To Run Them — Cut All Other Department Budgets by 20% — Video

Order of Establishment of the Executive Departments

Rank*
Year
Executive Departments
1
1789
2
1789
3
1789
1947
Department of War
Department of Defense (merger of War and Navy departments)
4
1789
1870
Attorney General
Department of Justice
1798
Department of the Navy
(merged with War Department in 1947)
1829
Postmaster General
(Post Office privatized in 1970)
5
1849
6
1862
1903
Department of Commerce and Labor
(Departments split in 1913)
7
1913
8
1913
9
1953
1980
10
1965
11
1966
12
1977
13
1979
14
1989
15
2002

Close Permanently The Following Federal Departments

1. Department of Agriculture

2. Department of Commerce

3. Department of Education

4. Department of Energy

5. Department of Housing and Urban Development

6. Department of Interior

7. Department of Labor

8. Department of Transportation

Keep Open The Following Federal Departments 

But Cut Budgets By 20 Percent

1. Department of Defense

2. Department of State

3. Department of Treasury

4. Department of Justice

5. Department of Veterans’ Affairs

6. Department of Health and Human Services

7. Department of Homeland Security

How to Solve America’s Spending Problem

Government: Is it Ever Big Enough?

The Bigger the Government…

The War on Work

What Creates Wealth?

The Promise of Free Enterprise

Why Capitalism Works

What is Crony Capitalism?

WH Website Asks Americans to Suggest Ways to Reorganize, Eliminate Federal Gov’t

Trump signs order to cut government costs

President Trump Signs Executive Order to Cut Government Costs

Trump orders a total examination and reorganization of federal agencies.

Downsizing the Federal Government

Dan Mitchell Commenting on Downsizing Government and Federal Bureaucracy

TAKE IT TO THE LIMITS: Milton Friedman on Libertarianism

Bureaucracy Basics: Crash Course Government and Politics #15

Types of Bureaucracies: Crash Course Government and Politics #16

Controlling Bureaucracies: Crash Course Government and Politics #17

Can the United States Reform its Way to Financial Security?

 

President Trump has filled far fewer top jobs in cabinet or cabinet-level agencies than President Barack Obama had at this point in his presidency.

The status of top jobs
25 weeks into each administration:

Confirmed
by Senate
Nominated or
Announced
Empty
Trump 33 57 120
Obama 126 43 41

Story 2: Federal Spending Breaks $4 Trillion for Fiscal Year 2017 — Videos

Bar Chart of Government Spending by Agency

The bar chart comes directly from the Monthly Treasury Statement published by the U. S. Treasury Department. <—- Click on the chart for more info.

The “Debt Total” bar chart is generated from the Treasury Department’s “Debt Report” found on the Treasury Direct web site. It has links to search the debt for any given date range, and access to debt interest information. It is a direct source to government provided budget information.

$$$ — “Deficit” vs. “Debt”— $$$

Suppose you spend more money this month than your income. This situation is called a “budget deficit”. So you borrow (ie; use your credit card). The amount you borrowed (and now owe) is called your debt. You have to pay interest on your debt. If next month you spend more than your income, another deficit, you must borrow some more, and you’ll still have to pay the interest on your debt (now larger). If you have a deficit every month, you keep borrowing and your debt grows. Soon the interest payment on your loan is bigger than any other item in your budget. Eventually, all you can do is pay the interest payment, and you don’t have any money left over for anything else. This situation is known as bankruptcy.

“Reducing the deficit” is a meaningless soundbite. If the DEFICIT is any amount more than ZERO, we have to borrow more and the DEBT grows.

Each year since 1969, Congress has spent more money than its income. The Treasury Department has to borrow money to meet Congress’s appropriations. Here is a direct link to the Congressional Budget Office web site. Check out the CBO’s assessment of the Debt. We have to pay interest* on that huge, growing debt; and it dramatically cuts into our budget.

Huge Mistake! White House Reveals Budget Deficit Will Be $250 BILLION Greater

Federal Spending to Top a Record $4 Trillion in FY2017

1. June Unemployment Report Was Better Than Expected
2. Federal Spending to Blow Through $4 Trillion in FY2017
3. What Does the Government Spend Our Tax Dollars On?
4.Even President Trump’s Federal Budget Increases Spending

Overview

Both the Congressional Budget Office and the White House Office of Management and Budget announced last week that federal spending will top $4 trillion for the first time ever in fiscal 2017, which began on October 1, 2016 and ends on September 30.

The Congressional Budget Office released its annual “Budget and Economic Outlook: 2017 to 2027” last week in which it projected that total federal spending in fiscal 2017 will hit a record $4,008,000,000,000. That’s up from the previous record of $3.853 trillion spent in fiscal 2016.

While most Americans have no idea how much our out-of-control government spends each year, much less what our enormous annual federal budget deficits are, long-time clients and readers, know this is a topic I focus on and warn about each and every year – and will again today. This is something every American voter should absolutely know about!

Yet before we get to those discussions, I will summarize last Friday’s better than expected unemployment report for June. The strong jobs report had several significant implications for the economy going forward as I will discuss below. Let’s get started.

June Unemployment Report Was Better Than Expected

Friday’s unemployment report for June was a welcome surprise, especially following the weaker than expected report for May. The Labor Department reported at the end of last week that the economy created 222,000 new jobs in June, up from only 152,000 in May – and well above the pre-report expectation of 179,000.

The increase in new jobs in June was the largest in four months and the second highest of the year. Hiring was also revised higher for May and April than previously reported. The pickup in hiring in the spring coincides with a fresh spurt of growth in the economy after a slow start to the year.

Monthly change in nonfarm payrolls

The headline unemployment rate rose slightly from 4.3% in May to 4.4% in June, but that was largely because more jobless Americans rejoined the labor force by actively looking for work last month. That’s a good thing.

Hourly pay rose 0.2% to $26.25 an hour in June, the government said. Over the last 12 months, wages have only advanced a modest 2.5% — up slightly from the rate reported for May, but still well below the usual gains at this late stage of an economic expansion.

Underemployment, which measures people who want to be working full-time but are not, rose to 8.6% in June from 8.4% in May. It‘s still far lower than in prior years but it’s never a good sign to see this measure tick up.

The number of Americans who work part-time but want a full-time job also rose a notch to 5.3 million in June. Part-time employment has been a persistent problem for job seekers since the recession ended, as many companies try to limit increases in full-time workers.

Overall, economists say the strong job gains in June reflect a healthy labor market. Some believe we are approaching the level of “full employment.”

Federal Spending to Blow Through $4 Trillion in FY2017

The Congressional Budget Office (CBO) and the White House Office of Management and Budget (OMB) reported last week that federal spending will top $4 trillion for the first time ever in fiscal 2017, which ends on September 30.

The CBO released its annual “Budget and Economic Outlook: 2017 to 2027” last week in which it projected that total federal spending in fiscal 2017 will hit a record $4.008 trillion. That’s up from the previous record of $3.853 trillion spent in fiscal 2016.

Federal spending to top $4 trillion

The record $4.008 trillion the CBO estimates the federal government will spend this fiscal year equals $33,805 for each of the 118,562,000 households the Census Bureau estimated were in the United States as of March.

I should note for the record that while federal spending will top $4 trillion for the first time this year while Donald Trump is president, this year’s spending is actually tied to Barack Obama’s budget passed in his last year in office. So don’t blame President Trump… yet.

The federal budget goes up every single year, no matter which party is in office, and no matter that our national debt will top $20 trillion later this year. Clearly, federal spending is out of control, and no one in Washington, DC has the will to stop it – including President Trump (more on this below).

Apparently, leaders in both parties no longer believe there is a limit to how much our country can borrow and spend. There is no longer any sense that our ballooning national debt will at some point trigger a new financial crisis much worse than what we experienced in late 2007-early 2009.

Worst of all, WE keep electing and re-electing these people. In that sense, it’s our own fault.

What Does the Government Spend Our Tax Dollars On?

Many (if not most) Americans don’t understand how and where the government spends our tax dollars and the tens of billions it borrows each and every year. That’s what we will take a look at in the discussion just below. Let’s start with this graphic for an overview.

Government spending

Pew Research had an excellent analysis on how the federal government spends our money (and what it borrows) earlier this year. I’ll reprint the highlights for you below (emphasis mine).

“When thinking about federal spending, it’s worth remembering that, as former Treasury official Peter Fisher once said, the federal government is basically ‘a gigantic insurance company,’ albeit one with ‘a sideline business in national defense and homeland security.’

In fiscal year 2016, which ended this past September 30, the federal government spent just under $4 trillion, and about $2.7 trillion – more than two-thirds of the total – went for various kinds of social insurance (Social Security, Medicaid and Medicare, unemployment compensation, Veterans benefits and the like).

Another $604 billion, or 15.3% of total spending, went for national defense; net interest payments on government debt was about $240 billion, or 6.1%. Education aid and related social services were about$114 billion, or less than 3% of all federal spending. Everything else – crop subsidies, space travel, highway repairs, national parks, foreign aid and much, much more – accounted for the remaining 6%.

It can be helpful to look at federal spending as a share of the overall US economy, which provides a consistent frame of reference over long periods. In fiscal 2016, total federal outlays were 21.5% of Gross Domestic Product (GDP). For most of the past several decades, federal spending has hovered within a few percentage points above or below 20%.

The biggest recent exception came in the wake of the 2008 mortgage crash: In fiscal 2009, a surge in federal relief spending combined with a shrinking economy to push federal outlays to 24.4% of GDP, the highest level since World War II — when federal spending peaked at nearly 43% of GDP.

Social security, Medicare, human services a growing share of spendingMeasured as a share of GDP, the biggest long-term growth in federal spending has come in human services, a broad category that includes various kinds of social insurance, other health programs, education aid and veterans benefits.

From less than 1% of GDP during World War II (when many Depression-era aid programs were either ended or shifted to the war effort), federal spending on human services now amounts to 15.5% of GDP.

It actually was higher – 16.1% – in fiscal 2010, largely due to greater spending on unemployment compensation, food assistance and other forms of aid during the Great Recession. Now, the main growth drivers of human-services spending are Medicaid, Medicare and Social Security.

While spending on human services has grown to represent a greater share of GDP over time, the defense share has become smaller: It was 3.3% in fiscal 2016, versus 4.7% as recently as fiscal 2010. In general, and perhaps not surprisingly, defense spending consumes more of GDP during wartime (well over a third at the height of World War II) and less during peacetime.

The major exception was the Reagan-era military buildup… From a post-Vietnam low of 4.5% of GDP in fiscal 1979, defense spending eventually peaked at 6% of GDP in fiscal 1986.

Besides human services and national defense, the next-biggest category of federal spending is interest on public debt. Excluding interest paid to government trust funds (such as the Social Security and military-retirement trust funds) and various other small government loanprograms, the $240 billion in net interest paid on federal debt in fiscal 2016 represented 1.3% of GDP. [Remember that interest rates are near historic lows today.]

Even though total public debt has continued to grow (it stood at nearly $19.96 trillion in February, hitting the statutory debt limit), the dollar amount of actual interest paid fluctuates with the general interest rate environment. Rates are quite low now, but they were much higher in the 1980s and 1990s; in those decades, net interest payments often approached or exceeded 3% of GDP. END QUOTE

Even President Trump’s Federal Budget Increases Spending

Back in March, President Trump unveiled a controversial new federal budget proposal for fiscal year 2018, which begins on October 1st. The budget was a shocker in that it proposed cutting spending in every federal agency except Defense, Homeland Security and Veterans Affairs.

The new budget would slash Environmental Protection Agency spending by over 31% next year and cut State Department spending by over 28%, all in one fell swoop. It is by far the most conservative, smaller government budget we have seen in my adult lifetime.

Trump proposals for government agency budget changes

Yet as I wrote on March 21, Mr. Trump’s so-called “skinny budget” has no chance of becoming law. I bring it back up today only to point out that even with Trump’s massive government agency cuts (which will never pass), federal spending still increases in FY2018.

As noted above, the CBO and the OMB now agree that federal spending in FY2017 will be apprx. $4.008 trillion. In Trump’s proposed budget, federal spending would reach apprx. $4.094 trillion. And it goes up each year thereafter, soaring to $5.7 trillion by 2027 – even under Trump’s skinny budget.

The sad reality is that our politicians will not take definitive actions to slow the rise in our national debt. Perhaps that’s because half of American households receive direct benefits from government programs like Medicare, Social Security, the Supplemental Nutrition Assistance Program (food stamps), nutrition programs for mothers and children, subsidized housing and unemployment assistance, to name just a few.

That’s another topic for another day. The point is, federal spending is out of control, and our leaders have no intention of stopping or reversing this dangerous trend. What this means is that we are destined for another serious financial crisis at some point. The markets and our creditors will decide when and it won’t be pretty!

Wishing you well,
Gary D. Halbert

Forecasts & Trends E-Letter is published by Halbert Wealth Management, Inc. Gary D. Halbert is the president and CEO of Halbert Wealth Management, Inc. and is the editor of this publication. Information contained herein is taken from sources believed to be reliable but cannot be guaranteed as to its accuracy. Opinions and recommendations herein generally reflect the judgement of Gary D. Halbert (or another named author) and may change at any time without written notice. Market opinions contained herein are intended as general observations and are not intended as specific investment advice. Readers are urged to check with their investment counselors before making any investment decisions. This electronic newsletter does not constitute an offer of sale of any securities. Gary D. Halbert, Halbert Wealth Management, Inc., and its affiliated companies, its officers, directors and/or employees may or may not have investments in markets or programs mentioned herein. Past results are not necessarily indicative of future results. Reprinting for family or friends is allowed with proper credit. However, republishing (written or electronically) in its entirety or through the use of extensive quotes is prohibited without prior written consent.

https://www.advisorperspectives.com/commentaries/2017/07/11/federal-spending-to-top-a-record-4-trillion-in-fy2017?channel=Economic%20Insights

Social Security Will Be Paying Out More Than It Receives In Just Five Years

Tyler Durden's picture

Authored by Mac Slavo via SHTFplan.com,

When social security was first implemented in the 1930’s, America was a very different country. Especially in regards to demographics. The average life expectancy was roughly 18 years younger than it is now, and birth rates were a bit higher than they are now. By the 1950’s, the fertility rate was twice as high as it is in the 21st century.

In other words, for the first few decades, social security seemed very sustainable. Most people would only live long enough to benefit from it for a few years, and there was an abundance of young workers who could pay into the system.

Those days are long gone. As birth rates plummet and people live longer, (which otherwise should be considered a positive development) social security’s future is looking more and more bleak.

No matter how you slice it, it doesn’t seem possible to keep social security funded. In fact, social security is going to start paying out more money than it receives in just a few short years. It may even be insolvent before the baby boomer generation dies off.

According to the Social Security Board of Trustees, the Old-Age and Survivors Insurance, and Disability Insurance (OASDI) Trust Funds will be depleted in 2034.

When this happens, only 77 percent of benefits will be payable. That estimate is no change from last year’s estimate.

In addition, the Disability Insurance trust fund will be depleted in 2028, which is an improvement from last year’s estimate of 2023. Once that fund is depleted, 93 percent of benefits will be paid.

Right now, Social Security continues to take in through revenue more than it pays it through benefits, which is expected to continue until 2022. Once Social Security begins to pay out more than it takes in, it will be forced to liquidate the assets held by the trust funds.

In 2016, Social Security generated $957 billion in income. It only paid out $922 billion including $911 billion in benefits to 61 million beneficiaries.

But the solutions that have been proposed for this problem don’t hold much promise. For instance, we know that simply raising taxes won’t work.

But increasing the payroll tax is not a good long-term solution to fixing Social Security. For example a higher payroll tax would have negative economic effects. In addition, it’s not even clear that raising the payroll tax would even generate enough revenue.

“Some claim that the solution to preserving Social Security is to raise more taxes, but history shows that doesn’t work,” said David Barnes who is the director of policy engagement for Generation Opportunity in a statement to the Washington Free Beacon. “In fact, since Social Security was created, payroll taxes have been raised more than 20 times. Twenty times! Yet, the program is still headed towards insolvency.”

This is one reason why so many Western countries, almost all of which are suffering from declining birth rates, have been so eager to open their borders to more immigrants. They’re trying to bring in as many young workers as they can.

But that’s not going to work either. Forget about the high crime rates, terrorist attacks, and social disintegration that Europe is facing now after bringing in millions of immigrants. Even if those problems didn’t exist, immigration isn’t the solution. The West has had wide open borders for decades, and it hasn’t made a dent in the liabilities faced by social security programs (perhaps these immigrants aren’t paying as many taxes as these governments had hoped).

We could let younger generations opt out of social security to stave off future obligations, but that wouldn’t help fund the current generation of retirees. Social security is already on the path to being underfunded for them, and letting young people opt out would obviously make things worst for current retirees.

There isn’t really any viable solution for paying off the future liabilities of social security, aside from cutting the benefits or increasing the retirement age. Otherwise it’s going to run out of money eventually, which is the same story with private and public pensions. We are all paying for our retirements in one form or another, but few of us living right now are going to fully benefit from it.

http://www.zerohedge.com/news/2017-07-19/social-security-will-be-paying-out-more-it-receives-just-five-years

Story 3: The American People and President Trump Vs. Political Elitist Establishment of The Big Government Democratic and Republican Parties — Videos

Ronald Reagan .. “Government is the problem”

The Bigger the Government…

Government: Is it Ever Big Enough?

How Big Should Government Be? Left vs. Right #1

Big Government Kills Small Businesses

Socialist explains why we need big government and more freebies

 

Why universal basic income is gaining support, critics

July 15, 2017 Updated: July 17, 2017 11:49am

The idea of government giving every person a universal basic income has been gaining traction thanks in part to endorsements from some Silicon Valley celebs. Elon Musk, Mark Zuckerberg, venture capitalist Marc Andreessen and others want to explore the idea.

The idea of government giving every person a universal basic income has been gaining traction thanks in part to endorsements from some Silicon Valley celebs. Elon Musk, Mark Zuckerberg, venture capitalist Marc Andreessen and others want to explore the idea.

The idea of a universal basic income — monthly cash payments from the government to every individual, working or not, with no strings attached — is gaining traction, thanks in part to endorsements from Silicon Valley celebs.

Some see it as a way to compensate for the traditional jobs with benefits that will be wiped out by robotics, artificial intelligence, self-driving vehicles, globalization and the gig economy. Others see it as a way to reduce income inequality or to create a more efficient, less stigmatizing safety net than our current mishmash of welfare benefits.

“I think ultimately we will have to have some kind of universal basic income, I don’t think we are going to have a choice,” Tesla CEO Elon Musk said at the World Government Summit in Dubai in February.

In a commencement speech at Harvard University in May, Facebook CEO Mark Zuckerberg said, “We should explore ideas like universal basic income to give everyone a cushion to try new things.” And in a July 4 blog post,Zuckerberg praised Alaska’s Permanent Fund Dividend, the nearest thing to universal income in this or any country. Since 1982, Alaska has been distributing some of its oil revenue as an annual payment, ranging from about $1,000 to $3,000, to every resident including children.

Facebook co-founder Chris Hughes, venture capitalist Marc Andreessen and Y Combinator president Sam Altman have all said it’s worth exploring. Y Combinator’s nonprofit research lab started a basic income pilot with fewer than 100 people in Oakland last fall with the goal of gathering information to structure a larger research proposal, its director, Elizabeth Rhodes, said.

The concept has been around, with different names and in different countries, for centuries, said Karl Widerquist, co-founder of the Basic Income Earth Network.

It enjoyed a wave of U.S. popularity in the 1910s and ’20s and again in the ’60s and ’70s when it was championed by free-market economist Milton Friedman, Martin Luther King and, for a while, Richard Nixon.

It resurfaced again after the 2008 financial crisis, when soaring unemployment and corporate bailouts focused attention on the “99 percent.” The concept picked up steam in recent years as studies started predicting widespread unemployment because of automation.

Basic income has fans across the political spectrum, but for very different reasons. Libertarian backers would replace all or most welfare programs with a monthly cash payment as a way to prevent poverty, reduce government bureaucracy and let people decide for themselves how to use the money.

Facebook CEO Mark Zuckerberg (right), shown in May receiving an honorary degree from Harvard, also supports the universal income concept. Photo: Paul Marotta, Getty Images

Photo: Paul Marotta, Getty Images

Facebook CEO Mark Zuckerberg (right), shown in May receiving an honorary degree from Harvard, also supports the universal income concept.

By contrast, “those left of center like the idea of using (basic income) as a supplement to the existing safety net,” said Natalie Foster, co-chairwoman of the Economic Security Project, a two-year fund devoted to researching and promoting the idea of unconditional cash.

In a “utopian version,” the money would “sit alongside existing programs” and go to every man, woman and child, Foster said. But if you made it enough to keep people above poverty — $1,000 a month is a popular number — “it starts to add up to a very significant portion of the GDP,” Foster said.

That’s why some proposals would reduce or eliminate payments to children or to adults over 65 if they are getting Social Security and Medicare. Some would limit the benefits going to high-income people, either directly or indirectly by raising their tax.

“In the simple model, everyone in the lower half (of the income distribution) would be a net beneficiary, everyone in the upper half would be net payers,” Widerquist said.

Charles Murray, a libertarian political scientist with the American Enterprise Institute, has proposed a basic income plan that would replace all transfer payments including welfare, food stamps, housing subsidies, the earned income tax credit, Social Security, Medicare and Medicaid. It would also eliminate farm subsidies and “corporate welfare.”

In exchange, each American older than 21 would get a monthly payment totaling $13,000 a year, of which $3,000 would go to health insurance. After $30,000 in earned income, a graduated tax would “reimburse” some of the grant until it dropped to $6,500 at $60,000 in income. However, the grant would never drop below $6,500 to compensate for the loss of Social Security and Medicare.

Murray admitted that many seniors get more than $6,500 worth of benefits a year from those two programs, which is why it would have to be phased in.

“What I’m proposing would actually be cheaper than the current system,” Murray said. It would give adults a “living income” and “liberate people” who are tied to a job or welfare program in a particular city because they can’t risk leaving to pursue a new opportunity.

Tesla CEO Elon Musk favors universal basic income to compensate workers displaced by automation. "I don’t think we are going to have a choice," he said at a February event in Dubai. Photo: KARIM SAHIB, AFP/Getty Images

Photo: KARIM SAHIB, AFP/Getty Images

Tesla CEO Elon Musk favors universal basic income to compensate workers displaced by automation. “I don’t think we are going to have a choice,” he said at a February event in Dubai.

Andy Stern, a senior fellow at the Economic Security Project, has proposed a “left-of-center” plan that would give every adult 18 to 64 a monthly cash payment of $1,000. It would replace welfare programs such as food stamps, the earned income tax credit, unemployment and Supplemental Security Income. But it would keep Social Security, Medicare, Medicaid and Social Security disability.

He figures the plan would cost about $1.75 trillion a year. Ending welfare programs would save about a third of that. Another third could come from ending the tax deduction for mortgage interest and other write-offs. The remaining third could come from new sources such as a tax on carbon emissions or financial transactions.

Stern would not reduce payments to the rich or raise their taxes because that would bring back the problem he is trying to eliminate — determining who is “worthy and unworthy” to receive benefits. But many of the tax increases he envisions “would have a disproportionate effect on higher-income people,” he said.

Some opponents of guaranteed income say it will encourage laziness. Proponents say the current system discourages work by taking away some benefits as income goes up.

Zipcar founder Robin Chase, now a speaker and author, said universal income would encourage and reward important work that “does not get monetized,” such as child care and volunteer work. It would also spur business creation. “I had the luxury of taking risks because I had a husband who had a full-time job with health care. A majority of the population cannot take any risks in pursuing innovation or higher-value, non-remunerative things.”

Some believe the answer to income inequality and automation is not guaranteed income but a guaranteed job. Jared Bernstein, a senior fellow at the Center on Budget and Policy Priorities, has said the federal government should provide a job with benefits to anyone who wants one and can’t get one. “A job guarantee could simultaneously lower un- and underemployment while providing critically needed labor in fields ranging from infrastructure to education to child and elder care,” Bernstein, who was an economist in President Barack Obama’s administration, wrote in the American Prospect.

Jason Furman, who chaired Obama’s Council of Economic Advisers, doesn’t like guaranteed jobs or guaranteed income. Furman, now a professor at the Harvard Kennedy School, said universal income suffers from three problems.

“One is that it’s very hard to make the numbers add up. To get to (incomes) like $12,000, you need huge increases in taxes. Two, there are a lot of benefits to targeting. You only get unemployment if you don’t have a job and are looking for a new job. If anything, I might toughen the work search requirement” to receive unemployment.

Finally, he said, “I believe there is no reason that people can’t be employed in the future. We have thousands of years of experience of technological progress not leading” to mass unemployment. He pointed out that technologically advanced countries do not have higher unemployment rates than those that are less advanced.

“We should put more effort into how to create jobs and prepare people for jobs in the future,” he said. Universal basic income “is giving up on work and giving up on people. I’m not prepared to do that.”

Kathleen Pender is a San Francisco Chronicle columnist. 

http://www.sfchronicle.com/aboutsfgate/article/Why-universal-basic-income-is-gaining-support-11290211.php

 

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

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

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FISA: 702 Collection

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

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

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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

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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

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Rand Paul on Obama Illegally Spying on Americans | NSA Wiretapping

Section 702 of the FISA Amendments Act

FISA Hearing – Sec 702 Intel Surveillance – IMPORTANT

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NSA Whistleblower Bill Binney on Tucker Carlson 03.24.2017

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

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CHUCK ROSS
Reporter

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

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

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

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

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

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

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

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

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

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

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

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

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

MAY 7, 2014

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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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