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The Pronk Pops Show 879, April 24, 2017, Story 1: The Elites vs. The People Not Nationalism vs. Internationalism — Decline and Fall Of The Socialist Welfare State — Videos — Story 2: President Trump’s Transparent Executive Orders — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

Pronk Pops Show 845: February 23, 2017

Pronk Pops Show 844: February 22, 2017

Pronk Pops Show 843: February 21, 2017

Pronk Pops Show 842: February 20, 2017

Pronk Pops Show 841: February 17, 2017

Pronk Pops Show 840: February 16, 2017

Pronk Pops Show 839: February 15, 2017

Pronk Pops Show 838: February 14, 2017

Pronk Pops Show 837: February 13, 2017

Pronk Pops Show 836: February 10, 2017

Pronk Pops Show 835: February 9, 2017

Pronk Pops Show 834: February 8, 2017

Pronk Pops Show 833: February 7, 2017

Pronk Pops Show 832: February 6, 2017

Pronk Pops Show 831: February 3, 2017

Pronk Pops Show 830: February 2, 2017

Pronk Pops Show 829: February 1, 2017

Pronk Pops Show 828: January 31, 2017

Pronk Pops Show 827: January 30, 2017

Pronk Pops Show 826: January 27, 2017

Pronk Pops Show 825: January 26, 2017

Pronk Pops Show 824: January 25, 2017

Pronk Pops Show 823: January 24, 2017

Pronk Pops Show 822: January 23, 2017

Pronk Pops Show 821: January 20, 2017

Pronk Pops Show 820: January 19, 2017

Pronk Pops Show 819: January 18, 2017

Pronk Pops Show 818: January 17, 2017

Pronk Pops Show 817: January 13, 2017

Pronk Pops Show 816: January 12, 2017

Pronk Pops Show 815: January 11, 2017

Pronk Pops Show 814: January 10, 2017

Pronk Pops Show 813: January 9, 2017

 

Image result for cartoons branco french elections round 1 April 23, 2017

 Image result for the political elitesImage result for cartoons trump executive orders

 

 

 

 

Story 1: The Elites vs. The People  Not Nationalism vs. Internationalism — Videos —

Image result for the ruling class angelo codevilla

Image result for the ruling class angelo codevilla

French election explained: Emmanuel Macron and Marine Le Pen go head to head

Nigel Farage on French election: Don’t write off Le Pen

[Video] Rush Limbaugh: French Election Mirrors U.S. 2016 Vote

As anti-establishment candidates advance, France’s political establishment unites against Le Pen

French election: What would Emmanuel Macron’s presidency mean for Britain? – BBC Newsnight

Published on Apr 24, 2017

Centrist Emmanuel Macron will face far-right leader Marine Le Pen in the second round of the French presidential election.To learn more about the presidential candidate, Evan Davis has met up with Benjamin Griveaux, Mr Macron’s campaign spokesman.

PODCAST: The French Election Results and Their Impact

Why the French Election Is Critical and What We Learn from Emmanuel Macron’s Movement Versus Party

Angelo Codevilla – Does America Have a Ruling Class?

The Revolution of America’s Regime

456. The Iron Fist of the Ruling Class | Angelo Codevilla

1. America’s Ruling Class

2. Has Homeland Security Been a Failure?

3. What’s Wrong with the CIA?

[youtube-https://www.youtube.com/watch?v=NC3eM4ZAYL4]

4. Are We Winning the “War on Terror”?

Who Are America’s Elites? – Ben Shapiro

Clinton’s ‘deplorable’ attack

Clinton ‘Basket of Deplorables’ Remark Draws Fire

Peter O’Toole – The Ruling Class

The Ruling Class (1972)

George Carlin – It’s a Big Club and You Ain’t In It! The American Dream

Image result for chart of parties in france 2017

Image result for chart of parties in france 2017

Official first round result

With 107 of 107 departements counted | At 17:58 CEST
Macron 24.01%
Le Pen 21.3%
Fillon 20.01%
Mélenchon 19.58%
Hamon 6.36%
Dupont-Aignan 4.7%
Lassalle 1.21%
Poutou 1.09%
Asselineau 0.92%
Arthaud 0.64%
Cheminade 0.18%

Marine Le Pen and Emmanuel Macron Advance

For the first time in modern French history, neither candidate is from a major party.

Emmanuel Macron casts his ballot in the first round of French presidential election at a polling station in Le Touquet, France on April 23, 2017.

Emmanuel Macron casts his ballot in the first round of French presidential election at a polling station in Le Touquet, France on April 23, 2017.Eric Feferberg / ReutersYASMEEN SERHANAPR 23, 2017

Macron and Le Pen’s strong showings Sunday, which saw an approximately 77 percent voter turnout (slightly lower than the 79 percent who voted in the first round in 2012), signaled a rebuke of the political establishment that has dominated French politics for decades. Macron launched his centrist party in August 2016 after he quit his role in President François Hollande’s Socialist government, and despite the party’s youth it boasts a quarter of a million members. Meanwhile, Le Pen’s FN secured the most votes it has ever received in its nearly half-century history, surpassing the 18-percent first-round finish it saw in 2012. 
Even Jean-Luc Mélenchon, the far-left candidate who ran under a movement called La France Insoumise, or “Unsubmissive France,” had his strongest performance to date. Though his last-minute surge in the polls wasn’t enough to propel him to the second round, he still managed to claim 19.5 percent of the vote, far surpassing the 11 percent he won during his first presidential bid in 2012.Republican candidate François Fillon also earned 19.5 percent of the vote, tying Mélenchon for third place. The center-right candidate and former prime minister enjoyed a comfortable lead early on in his campaign, but support wavered in January after his candidacy was embroiled by allegations he misused public funds to pay his wife, Penelope, and two of their children for parliamentary work they are alleged not to have performed. Fillon denied any wrongdoing, although the launch of a formal investigation into both him and his wife prompted several of his Republican allies to quit his campaign.Socialist candidate Benoît Hamon, who came in last of the main contenders with 6.2 percent of the vote, also suffered from fissures within his own party. Despite clinching a decisive victory during the January primary, Hamon failed to command the support of Socialist party leaders, many of whom, including former Prime Minister Manuel Valls, endorsed Macron instead. This, paired with the deeply unpopular presidency of Hollande and the competition of similarly far-left Mélenchon, made the ruling party’s poor showing all but certain. The results prompted the losing candidates to urge their supporters to back Macron. Hamon said there was a distinction between a political adversary and an “enemy of the Republic,” referring to Le Pen. Fillon warned that Le Pen would lead France to “ruin.”

 

The advancement of two non-traditional candidates will certainly have an impact on their ability to govern once they make it to the Élysée Palace. In the month following the presidential contest, French voters will return to the polls to elect members of the National Assembly, France’s lower but more powerful house of parliament. This election is particularly important because whoever becomes prime minister almost always comes from the party that controls the chamber and, at present, neither Le Pen’s FN (which claims two of the National Assembly’s 577 seats) or Macron’s En Marche (which claims none) are expected to command a majority. This makes cohabitation, in which the president must share power with the prime minister of a different party, almost certain. Though this power-sharing arrangement is not unprecedented in French political history, as Politico’s Pierre Briançon notes, it has never been a favorable one.

It reduces the head of state to a figurehead, akin to northern European monarchs or ceremonial presidents such as those of Germany or Italy. In those times, the prime minister holds most of the executive powers, save for those governing foreign policy and defense, which the constitution puts specifically in the president’s domain. …It has happened three times in postwar history — first from 1986 to 1988, when Socialist President François Mitterrand had to live with Jacques Chirac as prime minister. From 1993 to 1995, Mitterrand had to deal with another conservative premier, Édouard Balladur. And finally, from 1997 to 2002, President Chirac had to contend with Socialist Prime Minister Lionel Jospin.

Macron and Le Pen now have two weeks ahead of the runoff to court the voters who backed their former competitors, as well as the estimated one-third of French voters who are still undecided. From the recent terrorist attack in Paris to the country’s 10 percent unemployment rate, issues such as security and the economy will likely remain at the forefront of the contest.

https://www.theatlantic.com/news/archive/2017/04/french-election-results-first-round/523965/

Outsiders Emmanuel Macron and Marine Le Pen sweep to victory as France kicks out old guard: Europhile newcomer narrowly wins first vote to take on far-Right’s Madame Frexit for the presidency

  • Far-right leader Marine Le Pen and independent centrist Emmanuel Macron have made it to the second round 
  • 36.7million voted, a turnout of 78.2 per cent; Macron won 23.9 per cent of the vote, Le Pen 21.4 
  • Republican candidate Francois Fillon conceded after initial results showed he achieved 19.5 per cent of vote
  • Far-left leader Jean-Luc Melenchon refused to concede until final results of first-round vote announced
  • France’s Prime Minister, Bernard Cazeneuve, has called on voters to support Macron instead of Le Pen 
  • This is the first time in 60 years none of France’s mainstream parties have entered the second round
  • Riots broke out in Nantes and Paris’ Place de la Bastille – the birthplace of the French Revolution 

French voters turned their backs on the political establishment last night in round one of the presidential election.

Emmanuel Macron – an independent centrist – won first place ahead of National Front leader Marine Le Pen.

The result will have major implications for Britain and its departure from the EU.

Miss Le Pen wants to completely renegotiate France’s relationship with Brussels while Mr Macron wants closer links.

Scroll down for video 

Marine Le Pen

Emmanuel Macron

Marine Le Pen (left) and Emmanuel Macron (right) celebrated the initial results of the polls, which said they both made it to the second round of the election

Le Pen went to greet her supporters after the initial results and said: '‘This is a historic result. The French must take the step for this historic opportunity. This is the first step to drive the French [people] into the Elysee Palace'

Le Pen went to greet her supporters after the initial results and said: ”This is a historic result. The French must take the step for this historic opportunity. This is the first step to drive the French [people] into the Elysee Palace’

Supporters of Le Pen, leader of the French National Front, were seen waving their flags emblazoned with ‘Marine Presidente’ at her election headquarters in Henin-Beaumont, after the inital results were announced

Supporters of French centrist candidate Macron were also seen cheering in delight at the results and waving the French flag

Supporters of French centrist candidate Macron were also seen cheering in delight at the results and waving the French flag

Many people were seen hugging after initial results showed Macron winning 23.9 percent of the vote, beating France's two main parties

Many people were seen hugging after initial results showed Macron winning 23.9 percent of the vote, beating France’s two main parties

According to France’s Interior Ministry, 46 million people voted in the first stage of the elections which knocked the traditional Right and Left parties out of the running for the first time in 60 years.

With 97 per cent of the vote counted, Macron achieved 23.9 per cent, followed by Le Pen on 21.4. A total of 36.7million voted, a turnout of 78.2 per cent.

But it is thought that Le Pen’s chances of winning the second round are limited as supporters for Republican candidate Francois Fillon, who conceded but has gained 19.9 per cent of the votes, will support Macron.

However, far-left leader Jean-Luc Melenchon, who gained 19.6 per cent, refused to concede until the final results of first-round vote were announced. 

Macron took to the stage in Paris earlier, with his wife Brigitte, and urged national unity against Le Pen.

To chants of ‘Macron president!’ and ‘We’re going to win,’ Macron began his speech by paying tribute to his opponents, and praised his supporters for his lightning rise.

He said: ‘We have turned a page in French political history,’ and added he wants to gather ‘the largest possible’ support before May 7.

Macron acknowledged widespread anger at traditional parties and promised ‘new transformations’ in French politics.

At a rally last night, Le Pen told her supporters she is offering ‘the great alternative’ in the presidential race. 

Crowds celebrate as Macron & Le Pen expected go through to next round

She added: 'It is time to liberate the French people from the arrogant [political] elite.' Le Pen was later given a bunch of flowers

She added: ‘It is time to liberate the French people from the arrogant [political] elite.’ Le Pen was later given a bunch of flowers

Le Pen addresses supporters as she goes through to second round
She said: ‘This is a historic result. The French must take the step for this historic opportunity. This is the first step to drive the French [people] into the Elysee Palace.

‘It is time to liberate the French people from the arrogant [political] elite.’

Former favourite Fillon conceded and voiced his support for Macron after initial projections showed he and Melanchon got 19.5 per cent of the vote. 

Shortly afterwards, France’s Prime Minister, Bernard Cazeneuve, also called on voters to support Macron.

The outcome capped an extraordinary few months for a deeply divided France, which saw a campaign full of twists and turns and widespread anger at traditional parties.

It signals a stinging defeat for the Fillon and Socialist Benoit Hamon, meaning neither of France’s mainstream parties will be in the second round for the first time in 60 years.

Macron, a 39-year-old who had never before stood for election and only started his independent centrist movement 12 months ago, will be the overwhelming favourite to win the second round on May 7.

He served as an economy minister under President Francois Hollande, ran without the backing of an established party, forming his own called ‘En Marche!’.

His wife Brigitte is 25 years his senior and taught him at school.

Macron, a 39-year-old who had never before stood for election and only started his independent centrist movement, En Marche!, 12 months ago

Macron, a 39-year-old who had never before stood for election and only started his independent centrist movement, En Marche!, 12 months ago

Macron thanks supporters for campaign that changed French politics

He said he wants to gather 'the largest possible' support before the May 7 runoff. He praised his supporters for a campaign that 'changed the course of our country'

He said he wants to gather ‘the largest possible’ support before the May 7 runoff. He praised his supporters for a campaign that ‘changed the course of our country’

Macron acknowledged widespread anger at traditional parties and promised 'new transformations' in French politics

Macron acknowledged widespread anger at traditional parties and promised ‘new transformations’ in French politics

European Commission President Jean-Claude Juncker congratulated Macron on Sunday and wished the centrist well for the May 7 French presidential runoff against Le Pen.

‘Juncker congratulated Macron on his result in the first round and wished him all the best for the next round,’ Margaritis Schinas said on Twitter.

Underlining broad support for Macron among leaders of the European Union institutions in Brussels, EU foreign policy chief Federica Mogherini from the Italian centre-left added her congratulations to those of Juncker, a centre-right former prime minister of Luxembourg.

‘To see the flags of France and the EU hailing Emmanuel Macron’s result shows hope and the future of our generation,’ tweeted Mogherini, 43, after the 39-year-old Macron’s first-round victory speech to supporters was broadcast on television.

Last night he was congratulated by former Labour MP David Miliband and by former chancellor George Osborne.

Mr Miliband said: ‘Tremendous achievement by Emmanuel Macron. Bulwark against evil forces and tribune for modernization in France and Europe.’

Mr Osborne said: ‘Congratulations to my friend Emmanuel Macron. Proof you can win from the centre. At last the chance for the leadership that France needs.’

Fillon urges supporters to vote for Macron as he concedes

Despite his defeat, supporters for the election candidate far-left leader Jean-Luc Melenchon still cheered for him outside his election headquarters

Despite his defeat, supporters for the election candidate far-left leader Jean-Luc Melenchon still cheered for him outside his election headquarters

Anti-fascist activists clashed with riot police in Paris' Place de la Bastille - the birthplace of the French Revolution

Anti-fascist activists clashed with riot police in Paris’ Place de la Bastille – the birthplace of the French Revolution

Demonstrators in Nantes chanted anti-Le Pen slogans as they showed their opposition to the National Front leader

Demonstrators in Nantes chanted anti-Le Pen slogans as they showed their opposition to the National Front leader

The euro has jumped 2 per cent on Sunday night, to more than 85p ($1.09), after projections showed Macron and Le Pen would go head to head.

Macron has vowed to reinforce France’s commitment to the EU and euro.

Stock markets will next open in Asia before Europe starts trading on Monday morning.

But despite stock markets around the world improving significantly, investors fretted beforehand that another unforseen election outcome could upend the market. In addition, the  presidential race was plagued by controversy.

 Republican candidate Fillon, 63, is accused of embezzling state money by paying his British wife Penelope, 61, as his assistant – despite her allegedly carrying out no work.

Le Pen faces a fraud inquiry, with her chief of staff accused of misusing EU funds while Melenchon, 65, had vowed to pull his country out of Europe and get rid of the euro.

Earlier this evening, Le Pen had security authorities on high alert, with rioting expected across the country in protest due to her election success.

More than 50,000 police and gendarmes were deployed to the 66,000 polling stations for Sunday’s election, which comes after Thursday’s deadly attack on the Champs-Elysees in which a police officer and a gunman were slain.

However, initial election results triggered riots across the country, initially sparked in Paris’ Place du la Bastille, the birthplace of the French Revolution, tonight against the Le Pen’s National Front.

The crowds of young people, some from anarchist and anti-fascist groups, gathered in eastern Paris as results were coming in from Sunday’s first-round vote.

Police fired tear gas to disperse an increasingly rowdy crowd. Riot police surrounded the area.

Protesters have greeted several of Le Pen’s campaign events, angry at her anti-immigration policies and her party, which she has sought to detoxify after a past tainted by racism and anti-Semitism.

There were angry scenes in Nantes in western France, where anti-fascists took to the streets to protest

There were angry scenes in Nantes in western France, where anti-fascists took to the streets to protest

Ballot boxes in Le Port, on the French overseas island of La Reunion were seen locked after the polls closed earlier this evening

Ballot boxes in Le Port, on the French overseas island of La Reunion were seen locked after the polls closed earlier this evening

Two officials were seen tipping out the votes ready to count them ahead of the results, which are expected to be announced within the hour

Two officials were seen tipping out the votes ready to count them ahead of the results, which are expected to be announced within the hour

Le Pen has vowed to offer French voters a referendum to leave the EU and wants to leave the euro, known as Frexit.

Her father, the convicted racist and anti-Semite Jean-Marie Le Pen, won through to the second round of the 2002 presidential election but was then crushed by the conservative Jacques Chirac.

However she faces a similar prospect of defeat when she goes up against Macron in the second round of the next week.

He is widely expected to win the contest against Le Pen.

In France the election took place with the nation on high alert, with the vote taking place just three days after a police officer was gunned down by a Jihadi on the Champs-Elysees in Paris.

In Besancon, eastern France a stolen car was abandoned outside a polling station with the engine running.

A policeman secures the entrance of a polling station as people arrive to vote in the first round of 2017 French presidential election in Henin-Beaumont, France, April 23, 2017

A policeman secures the entrance of a polling station as people arrive to vote in the first round of 2017 French presidential election in Henin-Beaumont, France, April 23, 2017

Policemen stand near a polling station during the first round of 2017 French presidential election in Paris, France

Policemen stand near a polling station during the first round of 2017 French presidential election in Paris, France

Femen activists with masks, including one wearing a mask of Marine Le Pen, top left, are detained as they demonstrate in Henin-Beaumont, northern France, where far-right leader and presidential candidate Le Pen voted during the first round of the French presidential election

Femen activists with masks, including one wearing a mask of Marine Le Pen, top left, are detained as they demonstrate in Henin-Beaumont, northern France, where far-right leader and presidential candidate Le Pen voted during the first round of the French presidential election

Police found a hunting rifle inside the vehicle which had been disguised with stolen number plates.

In Rouen, Normandy, a gunman shot and wounded another man but the incident was classified as ‘non-terror related’.

Two other polling station, in Saint Omer, northern France, were evacuated because of a suspicious vehicle with Dutch number plates.

Ballots were cast in the wake of took place after a series of devastating terror attacks across France, but despite that armed police and soldiers are outlawed from protecting 67,000 French polling stations.

There had been a serious concern that groups including Islamic State would target the election.

However the 50,000 policemen and gendarmes that were only standby along with 7,000 soldiers were not required as the day went on.

The presidential poll is the first to be held during a state of emergency, put in place since the Paris attacks of November 2015.

A Femen activists wearing the mask of Marine le Pen is detained as they demonstrate in Henin Beaumont, northern France

A Femen activists wearing the mask of Marine le Pen is detained as they demonstrate in Henin Beaumont, northern France

TOPLESS demonstrators protests outside French polling station

Voters are choosing between 11 candidates in the most unpredictable contest in decades, and the poll conducted by RTBF suggests just that.

Topless demonstrators from the Femen activist group caused a commotion as they staged a stunt against Le Pen outside a polling station where the far-right presidential candidate was heading to vote.

Around six activists were detained Sunday morning after jumping out of an SUV limo wearing masks of Le Pen and United States President Donald Trump.

Police and security forces quickly forced them into police vans, confiscating their signs.

Le Pen voted at the station shortly after without further disruption.

After nine hours of voting, turnout was 69.4 percent, one of the highest levels in 40 years.

While down slightly on the same point in the 2012 election, an extra hour of voting in smaller towns was expected to take turnout to around 78 to 81 percent.

A Femen activist wearing the mask of U.S President Donald Trump is taken away from the scene near a scrum of photographers 

A Femen activist wearing the mask of U.S President Donald Trump is taken away from the scene near a scrum of photographers

People line up before casting their vote for the first-round presidential election at a polling station in Paris, Sunday, April 23, 2017

People line up before casting their vote for the first-round presidential election at a polling station in Paris, Sunday, April 23, 2017

Outgoing French president Francois Hollande casts his ballot at a polling station in Tulle

Outgoing French president Francois Hollande casts his ballot at a polling station in Tulle (left) as Marine Le Pen emerges from a booth (right)

Outgoing French president Francois Hollande picks up ballot papers before casting his vote at a polling station in Tulle, central France, on April 23, 2017, during the first round of the Presidential election

Outgoing French president Francois Hollande picks up ballot papers before casting his vote at a polling station in Tulle, central France, on April 23, 2017, during the first round of the Presidential election

Former French President and former Head of Les Republicains right wing Party Nicolas Sarkozy (centre) and his wife, the singer Carla Bruni Sarkozy (left) vote in the first round of the 2017 French Presidential Election at the Jean de la Fontaine High School in the 16th arrondissement on April 23, 2017 in Paris, France

Former French President and former Head of Les Republicains right wing Party Nicolas Sarkozy (centre) and his wife, the singer Carla Bruni Sarkozy (left) vote in the first round of the 2017 French Presidential Election at the Jean de la Fontaine High School in the 16th arrondissement on April 23, 2017 in Paris, France

Former French President and former Head of Les Republicains right wing Party Nicolas Sarkozy sweeps the curtain aside as he leaves a voting booth

Former French President and former Head of Les Republicains right wing Party Nicolas Sarkozy sweeps the curtain aside as he leaves a voting booth

Marine Le Pen was today poised for a historic breakthrough in France’s nail-biting presidential race

Marine Le Pen was today poised for a historic breakthrough in France’s nail-biting presidential race

Her campaign has been dominated by anti-Islam and anti-immigration rhetoric and critics said she has used the violence to stoke further hostility.

Defiant voters proclaimed the Paris terrorist attack would not alter their political loyalties in the French presidential elections today, although many feared a surge in support for the National Front.

As citizens flocked to polling stations across the country Parisians told how they would ‘vote with their hearts’ to reject extremist ideas, in the first round of voting to decide the new leader of France.

Mother-of-one Marie-Noelle Liesse told MailOnline she voted for independent centrist Emmanuel Macron to stop Marine Le Pen.

She said: ‘I voted with my heart to stop the extremists, the National Front, from getting into power.

‘The terrorist attack on the Champs Elysee has not affected the way I voted, but I fear it may have influenced some people.

‘I voted for Macron. I believe he is the right candidate to lead France.’

Mrs Liesse, 45, a communications executive, brought her five-year-old son Amant, to the polling station in the central Marais district of Paris.

Marine Le Pen casts her vote in the French presidential elections

French presidential election candidate for the far-right Front National (FN) party, Marine Le Pen casts her ballot in the first round of the French presidential elections in Henin-Beaumont, Northern France, shortly after the commotion

French presidential election candidate for the far-right Front National (FN) party, Marine Le Pen casts her ballot in the first round of the French presidential elections in Henin-Beaumont, Northern France, shortly after the commotion

Centrist candidate Emmanuel Macron waves supporters after casting his vote in the first round of the French presidential election, in le Touquet, northern France, Sunday April 23, 2017

Centrist candidate Emmanuel Macron waves supporters after casting his vote in the first round of the French presidential election, in le Touquet, northern France, Sunday April 23, 2017

People line up before casting their vote for the first-round presidential election at a polling station in Paris, Sunday, April 23, 2017

People line up before casting their vote for the first-round presidential election at a polling station in Paris, Sunday, April 23, 2017

Young professional couple Max Nivoix and Mariam Guedra voted for independent centrist Emmanuel Macron for said they feared the terrorist attack would galvanise support for Marine Le Pen’s National Front.

Mr Nivoix, 28, an industrial products buyer, told MailOnline: ‘I have voted for Macron. I think he is the best candidate to lead France.

‘The terrorist attack last week has not influenced the way I voted. But I fear that people outside of Paris will turn to Le Pen because of it.’

French nationals in the UK casting their votes

Among the 60,000 polling stations to open their doors was the French Consulate in South Kensington, where the bulk of the UK’s French nationals are expected to cast their votes.

According to figures from 2014, there are 400,000 French people living in London, which prompted Boris Johnson to call it France’s sixth biggest city.

At the end of 2013, the Foreign Ministry recorded 1.6million French expats living in the UK, according to The Independent.

Outside of the capital, there are polling stations in Ashford, Brighton, Belfast, Birmingham, Bristol, Leeds, Manchester, Aberdeen, Edinburgh and Glasgow.

 His partner Ms Guedra, 28, an engineer, added: ‘I voted for Emmanuel Macron too. He has the best policies for young people and for the time we live in now.

‘But we are both educated and from the city. I know that old people and people in the countryside are more in favour of Le Pen.’

Flight attendant Baptiste Laurent said he voted for communist-backed firebrand Jean-Luc Melonchon he feared National Front candidate Marine Le Pen could come top in the poll.

Mr Laurent, 39, told MailOnline: ‘I voted for Melonchon because I voted for what I believe in – a more equal society.

‘But I fear that Le Pen could be the biggest winner today.’

Mr Laurent came to the polling station with his 14-month-old daughter Romy.

A primary school teacher also backed communist-backed firebrand Jean-Luc Melonchon but feared a surge of support for Le Pen’s National Front.

Alexandre, 42, told MailOnline: ‘I voted for Melonchon because I support his programme and his socialist policies.

‘But Le Pen will do well in the polls today. She has a strong base of support. And after the terrorist attack she will get more votes. I think she will get through to the second round of voting.’

The second round of voting between the two front runners of today’s poll will take place on Sunday 7 May.

She is locked in a duel with centrist front-runner Emmanuel Macron, 39, a staunch defender of the single market who has told Theresa May he favours a ‘hard Brexit’.

If, as expected, Le Pen and Macron are successful in the first round of voting today, they will face each other in the run-off on May 7.

People line up to vote at a polling station in the first round of 2017 French presidential election in Vaulx-en-Velin, France, April 23, 2017

People line up to vote at a polling station in the first round of 2017 French presidential election in Vaulx-en-Velin, France, April 23, 2017

Brigitte Trogneux casts her ballot next to her husband, French presidential election candidate for the En Marche movement Emmanuel Macron during the first round of the Presidential election at a polling station in Le Touquet

Brigitte Trogneux casts her ballot next to her husband, French presidential election candidate for the En Marche movement Emmanuel Macron during the first round of the Presidential election at a polling station in Le Touquet

But analysts say the battle for the Élysée Palace is by no means a two-horse race.

Le Pen has moved from 22 per cent to 23 per cent in the latest opinion poll while her three rivals have all lost half a percentage point of support.

Macron dropped back to 24.5 per cent, while republican candidate François Fillon and leftist candidate Jean-Luc Mélenchon were back on 19 per cent.

The far-Right leader is confident her chances of winning the election’s first round have been strengthened by last week’s terrorist murder of a police officer on the Champs-Élysées

The far-Right leader is confident her chances of winning the election’s first round have been strengthened by last week’s terrorist murder of a police officer on the Champs-Élysées

Experts said a Le Pen victory in the first round could mean cheaper holidays for Brits heading to Europe.

Kathleen Brooks, of City Index Direct, said: ‘I think if Le Pen wins today by a wide enough margin, then the euro will fall significantly, possibly to the lowest levels we’ve seen this year. And a weak euro will initially be great for us as everything will be much cheaper in Europe.’

Le Pen’s father, the convicted racist Jean-Marie Le Pen, caused shockwaves around the world in 2002 when he came second in the first round. He then went on to lose to Jacques Chirac by a landslide of more than 80 per cent.

But Marine Le Pen is convinced she can go one better by positioning herself as the candidate who is toughest on terror.

She had pledged to ‘immediately reinstate border checks’, to expel foreigners and to ban all immigration, whether illegal or not. Supporters include Donald Trump who said the Paris attack would ‘have a big effect on the presidential election’ because the French people ‘will not take much more of this’.

But Prime Minister Cazeneuve accused Le Pen of ‘shamelessly seeking to exploit fear and emotion for exclusively political ends’. Mr Cazeneuve pointed out that Karim Cheurfi, the 39-year-old responsible for the murder of traffic officer Xavier Jugelé, 37, was a born and bred Frenchman.

Le Pen has called for negotiation with Brussels on a new EU, followed by a referendum; extremist mosques closed and priority to French nationals in social housing; and retirement age fixed at 60.

Macron forged a reputation with his ‘Macron Law’, a controversial reform bill that allowed shops to open more often on Sundays. On security, he has said France is paying for the intelligence jobs cuts made when Fillon was PM between 2007 and 2012.

http://www.dailymail.co.uk/news/article-4437156/Leading-candidates-cast-votes-French-election.html#ixzz4fEBy4Ooi

 

Is Macron the EU’s last best hope?

For the French establishment, Sunday’s presidential election came close to a near-death experience. As the Duke of Wellington said of Waterloo, it was a “damn near-run thing.”

Neither candidate of the two major parties that have ruled France since Charles De Gaulle even made it into the runoff, an astonishing repudiation of France’s national elite.

Marine Le Pen of the National Front ran second with 21.5 percent of the vote. Emmanuel Macron of the new party En Marche! won 23.8 percent.

Macron is a heavy favorite on May 7. The Republicans’ Francois Fillon, who got 20 percent, and the Socialists’ Benoit Hamon, who got less than 7 percent, both have urged their supporters to save France by backing Macron.

Ominously for U.S. ties, 61 percent of French voters chose Le Pen, Fillon or radical Socialist Jean-Luc Melenchon. All favor looser ties to America and repairing relations with Vladimir Putin’s Russia.

Le Pen has a mountain to climb to win, but she is clearly the favorite of the president of Russia, and perhaps of the president of the United States. Last week, Donald Trump volunteered:

“She’s the strongest on borders, and she’s the strongest on what’s been going on in France. … Whoever is the toughest on radical Islamic terrorism, and whoever is the toughest at the borders, will do well in the election.”

As an indicator of historic trends in France, Le Pen seems likely to win twice the 18 percent her father, Jean-Marie Le Pen, won in 2002, when he lost in the runoff to Jacques Chirac.

The campaign between now and May 7, however, could make the Trump-Clinton race look like an altarpiece of democratic decorum.

Not only are the differences between the candidates stark, Le Pen has every incentive to attack to solidify her base and lay down a predicate for the future failure of a Macron government.

And Macron is vulnerable. He won because he is fresh, young, 39, and appealed to French youth as the anti-Le Pen. A personification of Robert Redford in “The Candidate.”

But he has no established party behind him to take over the government, and he is an ex-Rothschild banker in a populist environment where bankers are as welcome as hedge-fund managers at a Bernie Sanders rally.

He is a pro-EU, open-borders transnationalist who welcomes new immigrants and suggests that acts of Islamist terrorism may be the price France must pay for a multi-ethnic and multicultural society.

Macron was for a year economic minister to President Francois Hollande who has presided over a 10 percent unemployment rate and a growth rate that is among the most anemic in the entire European Union.

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He is offering corporate tax cuts and a reduction in the size of a government that consumes 56 percent of GDP, and presents himself as the “president of patriots to face the threat of nationalists.”

His campaign is as much “us vs. them” as Le Pen’s.

And elite enthusiasm for Macron seems less rooted in any anticipation of future greatness than in the desperate hope he can save the French establishment from the dreaded prospect of Marine.

But if Macron is the present, who owns the future?

Across Europe, as in France, center-left and center-right parties that have been on the scene since World War II appear to be emptying out like dying churches. The enthusiasm and energy seem to be in the new parties of left and right, of secessionism and nationalism.

The problem for those who believe the populist movements of Europe have passed their apogee, with losses in Holland, Austria and, soon, France, that the fever has broken, is that the causes of the discontent that spawned these parties are growing stronger.

What are those causes?

A growing desire by peoples everywhere to reclaim their national sovereignty and identity, and remain who they are. And the threats to ethnic and national identity are not receding, but growing.

The tide of refugees from the Middle East and Africa has not abated. Weekly, we read of hundreds drowning in sunken boats that tried to reach Europe. Thousands make it. But the assimilation of Third World peoples in Europe is not proceeding. It seems to have halted.

Second-generation Muslims who have lived all their lives in Europe are turning up among the suicide bombers and terrorists.

Fifteen years ago, al-Qaida seemed confined to Afghanistan. Now it is all over the Middle East, as is ISIS, and calls for Islamists in Europe to murder Europeans inundate social media.

As the numbers of native-born Europeans begin to fall, with their anemic fertility rates, will the aging Europeans become more magnanimous toward destitute newcomers who do not speak the national language or assimilate into the national culture, but consume its benefits?

If a referendum were held across Europe today, asking whether the mass migrations from the former colonies of Africa and the Middle East have on balance made Europe a happier and better place to live in in recent decades, what would that secret ballot reveal?

Does Macron really represent the future of France, or is he perhaps one of the last men of yesterday?
 http://www.wnd.com/2017/04/is-macron-the-eus-last-best-hope/#e9TbxGcObXt9Bpu5.99

 

Story 2:  President Trump’s Transparent Executive Orders — Videos — 

Image result for list of trump executive ordersImage result for list of trump executive ordersImage result for list of trump executive ordersImage result for cartoons trump executive ordersImage result for list of trump executive orders

What Are Executive Orders?

President Trump Signs Financial Services Executive Orders

How Trump’s executive order begins to reform the H-1B visa program

Trump’s executive order to help the American worker

President Trump Signs Executive Orders Regarding Trade

What do all of President Trump’s executive orders mean?

[youtube-https://www.youtube.com/watch?v=ov2-KwmkMNQ]

The impact of President Trump’s executive actions

WATCH: President Trump Signs Executive EPA Orders (FNN)

Executive order (United States)

From Wikipedia, the free encyclopedia
“Executive order” redirects here. For other uses, see Executive order (disambiguation). Not to be confused with Presidential proclamation or Presidential memorandum.

Executive orders are orders issued by United States Presidents and directed towards officers and agencies of the Federal government of the United States. Executive orders have the full force of law, based on the authority derived from statute or the Constitution itself. The ability to make such orders is also based on express or implied Acts of Congress that delegate to the President some degree of discretionary power (delegated legislation).[1]

Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution.[2] Major policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in general fine-tuning policy choices in the implementation of broad statutes.

Basis in the United States Constitution

The United States Constitution does have a provision that explicitly permits the use of executive orders. The term executive power in Article II, Section 1, Clause 1 of the Constitution is not entirely clear. The term is mentioned as direction to “take Care that the Laws be faithfully executed” and is part of Article II, Section 3, Clause 5. The consequence of failing to comply possibly being removal from office.[3][4]

The U.S. Supreme Court has held[5] that all executive orders from the President of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch.[6] Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the congress in statutes. Attempts to block such orders have been successful at times when such orders exceeded the authority of the president or could be better handled through legislation.[7]

The Office of the Federal Register is responsible for assigning the executive order a sequential number after receipt of the signed original from the White House and printing the text of the executive order in the daily Federal Register and Title 3 of the Code of Federal Regulations.[8]

Other types of orders issued by “the Executive” are generally classified simply as administrative orders rather than executive orders.[9] These are typically the following:

Presidential directives are considered a form of executive order issued by the President of the United States with the advice and consent of a major agency or department found within the executive branch of government.[10]Some types of Presidential directives are the following:

History and use

With the exception of William Henry Harrison, all presidents beginning with George Washington in 1789 have issued orders that in general terms can be described as executive orders. Initially they took no set form. Consequently, such orders varied as to form and substance.[11]

The first executive order was issued by George Washington on June 8, 1789, addressed to the heads of the federal departments, instructing them “to impress me with a full, precise, and distinct general idea of the affairs of the United States” in their fields.[12]

The most famous executive order was by President Abraham Lincoln when he issued the Emancipation Proclamation on January 1, 1863. Political scientist Brian R. Dirck states:

The Emancipation Proclamation was an executive order, itself a rather unusual thing in those days. Executive orders are simply presidential directives issued to agents of the executive department by its boss.[13]

Until the early 1900s, executive orders went mostly unannounced and undocumented, seen only by the agencies to which they were directed. This changed when the Department of State instituted a numbering scheme in 1907, starting retroactively with United States Executive Order 1 issued on October 20, 1862, by President Abraham Lincoln.[14] The documents that later came to be known as “executive orders” apparently gained their name from this order issued by Lincoln, which was captioned “Executive Order Establishing a Provisional Court in Louisiana”.[9] This court functioned during the military occupation of Louisiana during the American Civil War, and Lincoln also used Executive Order 1 to appoint Charles A. Peabody as judge, and to designate the salaries of the court’s officers.[14]

President Truman’s Executive Order 10340 in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) placed all steel mills in the country under federal control. This was found invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution. Presidents since this decision have generally been careful to cite which specific laws they are acting under when issuing new executive orders. Likewise, when presidents believe their authority for issuing an executive order stems from within the powers outlined in the Constitution, the order will simply proclaim “under the authority vested in me by the Constitution” instead.

Wars have been fought upon executive order, including the 1999 Kosovo War during Bill Clinton‘s second term in office. However, all such wars have had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution remain unresolved constitutional issues, although all presidents since its passage have complied with the terms of the resolution while maintaining that they are not constitutionally required to do so.

President Truman issued 907 executive orders, with 1,081 orders by Theodore Roosevelt, 1,203 orders by Calvin Coolidge, and 1,803 orders by Woodrow Wilson. Franklin D. Roosevelt has the distinction of making a record 3,522 executive orders.

Franklin Roosevelt

Prior to 1932, uncontested executive orders had determined such issues as national mourning on the death of a president, and the lowering of flags to half-staff. President Franklin Roosevelt issued the first of his 3,522 executive orders on March 6, 1933, declaring a bank holiday, forbidding banks to release gold coin or bullion. Executive Order 6102 forbade the hoarding of gold coin, bullion and gold certificates. A further executive order required all newly mined domestic gold be delivered to the Treasury.[15]

By Executive Order 6581, the president created the Export-Import Bank of the United States. On March 7, 1934, he created the National Industrial Recovery Act (Executive Order 6632). On June 29, the president issued Executive Order 6763 “under the authority vested in me by the Constitution”, thereby creating the National Labor Relations Board.

In 1934, while Charles Evans Hughes was Chief Justice of the United States (in the time period known as the Hughes Court), the Court found that the National Industrial Recovery Act (NIRA) was unconstitutional. The president then issued Executive Order 7073 “by virtue of the authority vested in me under the said Emergency Relief Appropriation Act of 1935“, reestablishing the National Emergency Council to administer the functions of the NIRA in carrying out the provisions of the Emergency Relief Appropriations Act. On June 15, he issued Executive Order 7075, which terminated NIRA and replaced it with the Office of Administration of the National Recovery Administration.[16]

In the years that followed, President Roosevelt replaced the outgoing judges with those more in line with his views, ultimately appointing Hugo Black, Stanley Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, Robert H. Jackson and James F. Byrnes to the Court. Historically, only George Washington had equal or greater influence over Supreme Court appointments, choosing all of its original members. Justices Frankfurter, Douglas, Black, and Jackson dramatically checked presidential power by invalidating the executive order at issue in The Steel Seizure Case (i.e., Executive Order 10340). In that case Roosevelt’s successor, President Truman, had ordered private steel production facilities seized in support of the Korean War effort, but the Court held the executive order was not within the power granted to the President by the Constitution.

Table of Presidents using Executive Orders

President Number
issued [15]
Starting with
E.O. number [15]
George Washington 8 n/a
John Adams 1 n/a
Thomas Jefferson 4 n/a
James Madison 1 n/a
James Monroe 1 n/a
John Quincy Adams 3 n/a
Andrew Jackson 12 n/a
Martin van Buren 10 n/a
William Henry Harrison 0 n/a
John Tyler 17 n/a
James K. Polk 18 n/a
Zachary Taylor 5 n/a
Millard Fillmore 12 n/a
Franklin Pierce 35 n/a
James Buchanan 16 n/a
Abraham Lincoln 48
Andrew Johnson 79
Ulysses S. Grant 217
Rutherford B. Hayes 92
James Garfield 6
Chester Arthur 96
Grover Cleveland (first term) 113
Benjamin Harrison 143
Grover Cleveland (second term) 140
William McKinley 185
Theodore Roosevelt 1,081
William Howard Taft 724
Woodrow Wilson 1,803
Warren G. Harding 522
Calvin Coolidge 1,203
Herbert Hoover 968 5075
Franklin D. Roosevelt (~3.05 terms) 3,522 6071
Harry S. Truman 907 9538
Dwight D. Eisenhower 484 10432
John F. Kennedy 214 10914
Lyndon B. Johnson 325 11128
Richard Nixon 346 11452
Gerald R. Ford 169 11798
Jimmy Carter 320 11967
Ronald Reagan 381 12287
George H. W. Bush 166 12668
Bill Clinton[17] 308 12834
George W. Bush[17] 291 13198
Barack Obama[17] 276 13489
Donald Trump (as of April 21, 2017) [18] 25 13765

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

Trump has already signed 66 executive actions — here’s what each one does

donald trumpPresident Donald Trump signs the executive order halting immigrants from some Muslim-majority countries from entering the US.Olivier Douliery-Pool/Getty Images

President Donald Trump’s first months in office have been filled with a flurry of action, and he’s just getting started.

The 45th president has signed 66 executive actions so far, with far-reaching effects on Americans’ lives.

There are technically three types of executive actions, which each have different authority and effects, with executive orders holding the most prestige:

  • Executive orders are assigned numbers and published in the federal register, similar to laws passed by Congress, and typically direct members of the executive branch to follow a new policy or directive. Trump has issued 24 orders.
  • Presidential memoranda do not have to be published or numbered (though they can be), and usually delegate tasks that Congress has already assigned the president to members of the executive branch. Trump has issued 22 memoranda.
  • Finally, while some proclamations — like President Abraham Lincoln’s emancipation proclamation — have carried enormous weight, most are ceremonial observances of federal holidays or awareness months. Trump has issued 20 proclamations.

Scholars have typically used the number of executive orders per term to measure how much presidents have exercised their power. George Washington only signed eight his entire time in office, according to the American Presidency Project, while FDR penned over 3,700.

In his two terms, President Barack Obama issued 277 executive orders, a total number on par with his modern predecessors, but the lowest per year average in 120 years. Trump, so far, has signed 24 executive orders in 89 days.

Here’s a quick guide to the executive actions Trump has made so far, what they do, and how Americans have reacted to them:

Executive Order, April 18: ‘Buy American, Hire American’

Executive Order, April 18: 'Buy American, Hire American'

President Donald Trump speaks at Snap-On Tools in Kenosha, Wisconsin on April 18, 2017.Associated Press/Kiichiro Sato

At a tools manufacturer in Wisconsin, Trump signed an order directing federal agencies to review and propose changes to the popular, but controversial H-1B visa program meant to attract skilled foreign labor.

Critics say it’s used by companies to hire cheap, foreign workers in place of Americans, while proponents — including many in the tech industry — say it provides much-needed skilled workers to sectors where companies have struggled to hire Americans.

Trump’s “Buy American, hire American” order also directs federal agencies to maximize the American products they purchase, particularly calling out “steel, iron, aluminum, and cement.”

Read the full text of the order here »

Presidential proclamation, April 14: National Park Week

Presidential proclamation, April 14: National Park Week

White House press secretary Sean Spicer gave Interior Secretary Ryan Zinke the first quarter check of Trump’s salary to the National Park Service as Tyrone Brandyburg, Harpers Ferry National Historical Park Superindendant, looked on during the daily press briefing at the White House on April 3, 2017.Mark Wilson/Getty Images

Trump designated April 15-23, 2017 as National Park Week, during which all 417 sites (59 official “parks”) across the country are free to enter, a move many past presidents have made as well.

The president also donated his first quarter salary to the National Park Service’s American Battlefield Protection Program. Critics were quick to point out that Trump’s $78,333.32 donation could hardly make up for the nearly $2 billion his federal budget proposes cutting from the Interior Department this year.

 

Presidential memorandum, April 12: Delegating terrorist report request

Presidential memorandum, April 12: Delegating terrorist report request

FBI Director James Comey testifies on Capitol Hill in Washington on Jan. 10, 2017, before the Senate Intelligence Committee hearing on Russian Intelligence Activities.AP Photo/Cliff Owen

The 2017 National Defense Authorization Act directs the president to review “known instances since 2011 in which a person has traveled or attempted to travel to a conflict zone in Iraq or Syria from the United States to join or provide material support or resources to a terrorist organization,” and submit a report to Congress.

Trump delegated this responsibility to FBI Director James Comey.

Read the full text of the memo here »

Presidential memorandum, April 11: Signing letter on including Montenegro in NATO

Presidential memorandum, April 11: Signing letter on including Montenegro in NATO

Montenegro’s PM Djukanovic attends a NATO foreign ministers meeting in Brussels.Thomson Reuters

At the end of March, the US Senate voted to include Montenegro’s in NATO, 97 to 2. While Trump called the alliance “obsolete” as recently as January, he said he no longer feels that way, and didn’t veto the small southern European country’s inclusion.

The president has called on members of NATO to pay their fair share, saying the US carries too much financial responsibility for the military stronghold. The addition of Montenegro is likely to irk Russia, however, as it means one more country looks to West instead of staying under the influence of the Kremlin.

Read the full text of the memo indicating Trump’s approval of the Senate’s vote here »

Presidential memorandum, April 8: Notifying Congress of the US Syria strike

Presidential memorandum, April 8: Notifying Congress of the US Syria strike

In this image from video provided by the U.S. Navy, the guided-missile destroyer USS Porter (DDG 78) launches a tomahawk land attack missile in the Mediterranean Sea, Friday, April 7, 2017.Mass Communication Specialist 3rd Class Ford Williams/U.S. Navy via AP

This memo formally informed Congress of Trump’s order to launch a salvo of 59 cruise missiles on Shayrat airfield and nearby military infrastructure controlled by Syrian President Bashar Assad on Friday, in response to a chemical attack that killed at least 80 people in the northwestern part of the country on Tuesday.

Some lawmakers slammed Trump for not getting congressional or UN approval before ordering the strike, as the president’s legal authority for doing so is unclear.

“I acted in the vital national security and foreign policy interests of the United States, pursuant to my constitutional authority to conduct foreign relations and as Commander in Chief and Chief Executive,” Trump said in the memo. “I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution.”

Read the full text of the memo here »

5 presidential proclamations, April 3-7: Honoring and drawing awareness

5 presidential proclamations, April 3-7: Honoring and drawing awareness

John Glenn was the first US man to orbit the Earth as part of Project Mercury.NASA

Trump proclaimed various days and weeks in April were in honor of five different causes:

  1. April 2-8, 2017: National Crime Victims’ Rights Week
  2. Honoring the Memory of John Glenn
  3. April 7, 2017: Education and Sharing Day
  4. April 14, 2017: Pan American Day; April 9-15, 2017: Pan American Week
  5. April 9, 2017: National Former Prisoner of War Recognition Day

Read the full text of each proclamation in the links above.

 

Presidential memorandum, April 3: Principles for reforming the draft

Presidential memorandum, April 3: Principles for reforming the draft

The president’s son-in-law and top adviser Jared Kushner talks with Gen. Joseph F. Dunford Jr. during his visit to Iraq with the US military on April 4.Chairman of the Joint Chiefs of Staff/Flickr

The United States has had a volunteer-based military for over four decades, but nearly all American males still have to register for the draft when they turn 18.

In the 2017 National Defense Authorization Act, Congress called on the president to outline his principles for reforming the draft. So in his order, Trump told Congress that the US military should recruit a diverse pool of citizens, and offer them training opportunities that will benefit the armed forces as well as their future employment, in order to “prepare to mitigate an unpredictable global security and national emergency environment.”

Read the full text of the memo here »

2 Executive Orders, March 31: Lowering the trade deficit and collecting import duties

2 Executive Orders, March 31: Lowering the trade deficit and collecting import duties

Vice President Mike Pence tries to stop President Donald Trump as he leaves before signing executive orders regarding trade in the Oval Office on March 31, 2017.AP Photo/Andrew Harnik

Ahead of Trump’s first meeting with Chinese President Xi Jinping, he signed two orders focused on an issue he decried during the campaign: the US trade deficit.

The first order directs the executive branch to produce a country-by-country, product-by-product report on trade deficits in 90 days, in order to figure out how to reduce the $500 billion trade deficit the US had in 2016.

Business Insider’s Pedro Nicolaci da Costa wrote that the order’s plan for a “90-day ‘investigation’ into why the US had trade deficits with specific countries, [was] a quixotic exercise most economists say shows a deep lack of understanding of the workings of international trade.”

The second order seeks to strengthen the US response to its trade laws preventing counterfeit or illegal imports, citing “$2.3 billion in antidumping and countervailing duties” that the government hasn’t collected.

“On a typical day, CBP screens more than 74,000 truck, rail, and sea cargo containers at 328 U.S. ports of entry — with imported goods worth approximately $6.3 billion,” a Department of Homeland Security press release on the order wrote. “In Fiscal Year 2016, CBP seized more than 31,500 of counterfeit shipments and collected more $40 billion in duties, taxes, and fees, making CBP the U.S. government’s second largest source of revenue.”

Read the full text of the deficit order here »

And the full text of the antidumping order here »

Executive Orders, March 31 and February 9: Changing the DOJ order of succession

Executive Orders, March 31 and February 9: Changing the DOJ order of succession

Attorney General Jeff Sessions speaks after being sworn-in in the Oval Office of the White House on February 9, 2017.REUTERS/Kevin Lamarque

On February 9, Trump signed an order establishing a line of succession to lead the US Department of Justice if the attorney general, deputy attorney general, or associate attorney general die, resign, or are otherwise unable to carry on their duties. In order, the US Attorney for the Eastern District of Virginia, the US Attorney for the Northern District of Illinois, and then the US Attorney for the Western District of Missouri will be next in line.

The action reverses an order Obama signed days before leaving office. After Trump fired acting Attorney General Sally Yates for refusing to enforce his first travel ban, he appointed Dana Boente, US attorney for the Eastern District of Virginia, as acting attorney general in her place. This order elevates his position in the order of succession.

Read the full text of the first order here »

On March 31, Trump signed another order reversing this order. The new order of succession after the AG, deputy AG, and associate AG are as follows: US Attorney for the Eastern District of Virginia, US Attorney for the Eastern District of North Carolina, and then the US Attorney for the Northern District of Texas.

Since Attorney General Jeff Sessions recused himself from the DOJ probe into Trump’s associates contacts with Russian operatives, the order of succession will determine who will oversee that investigation. Trump will have to fill the North Carolina post soon, the Palmer Report points out, possibly allowing the president to influence who leads the Russia investigation.

Read the full text of the second order here »

6 presidential proclamations, March 31: Sexual assault awareness and others

6 presidential proclamations, March 31: Sexual assault awareness and others

Jessica Drake (R) was one of several women who accused Donald Trump of past sexual misconduct during the 2016 election.Reuters/Kevork Djansezian

Trump proclaimed April 2, 2017 World Autism Awareness Day, and that the month of April 2017 was in honor of five different causes:

  1. Cancer Control Month
  2. National Child Abuse Prevention Month
  3. National Sexual Assault Awareness and Prevention Month
  4. National Financial Capability Month
  5. National Donate Life Month

Many criticized Trump’s National Sexual Assault Awareness and Prevention Month, in particular, because multiple woman came forward during the campaign and accused Trump of sexual misconduct in the past. He also bragged on a 2005 tape that surfaced in October 2016that he could “grab” women “by the p—y” because “when you’re a star they let you do it.”

A very Ironic Trump Declares “National Sexual Assault Awareness and Prevention Month” http://www.motherjones.com/politics/2017/03/donald-trump-april-national-sexual-assault-awareness-month  via @MotherJones

Photo published for Trump Declares "National Sexual Assault Awareness and Prevention Month"

Trump Declares “National Sexual Assault Awareness and Prevention Month”

The president has been accused of assaulting more than 15 women.

motherjones.com

Trump’s defense of O’Reilly underscores how farcical his proclamation of National Sexual Assault Awareness and Prevention Month is.

Read the full text of each proclamation in the links above.

Executive Order, March 29: Combating the opioid crisis

Executive Order, March 29: Combating the opioid crisis

President Donald Trump shakes hands with New Jersey Gov. Chris Christie at a panel discussion on an opioid and drug abuse in the Roosevelt Room of the White House March 29, 2017 in Washington, DC.Shawn Thew-Pool/Getty Images

This order established the President’s Commission on Combating Drug Addiction and the Opioid Crisis. The commission, headed by New Jersey Gov. Chris Christie, is supposed to report to the president strategies to address the epidemic, which is now killing 30,000 Americans a year.

But many experts said the president’s action is “underwhelming.”

“These people don’t need another damn commission,” an anonymous former Obama administration official who worked on the issue told Politico. “We know what we need to do. … It’s not rocket science.” Business Insider’s Erin Brodwin outlined some strategies that scientists think will work.

Read the full text of the order here »

Executive Order, March 28: Dismantling Obama’s climate change protections

Executive Order, March 28: Dismantling Obama's climate change protections

President Donald Trump, accompanied by Environmental Protection Agency (EPA) Administrator Scott Pruitt, third from left, and Vice President Mike Pence, right, signs an Energy Independence Executive Order, Tuesday, March 28, 2017, at EPA headquarters in Washington with coal and oil executives.AP Photo/Pablo Martinez Monsivais

On the campaign trail, Trump vowed to bring back coal mining jobs and dismantle Obama’s environmental policy, declaring climate change a “hoax.” While coal jobs are unlikely to come back in droves, this executive order makes good on the second promise, directing federal agencies to rescind any existing regulations that “unduly burden the development of domestic energy resources.”

It also rescinds four of Obama’s executive actions, two of his reports, and tells the Environmental Protection Agency to review his landmark Clean Power Plan that would have capped power plant emissions. Since many of Obama’s actions were complex, however, it may take Trump a while to reverse them.

Democrats, environmentalists, and protesters demonstrating outside the White House after Trump signed the order decried the action, declaring it would lead to runaway climate change, while many Republican congressmen applauded the action for promoting energy independence.

Read the full text of the order here »

Executive Order, March 27: Revoking Obama’s fair pay and safe workplaces orders

Executive Order, March 27: Revoking Obama's fair pay and safe workplaces orders

President Barack Obama meets with then-President-elect Donald Trump in the Oval Office of the White House on November 10, 2016.REUTERS/Kevin Lamarque

In 2014, Obama signed an executive order requiring federal government contracts over $500,000 had to go to companies that hadn’t violated labor laws. He signed two more orders making minor clarifications to that original order later that year and in 2016.

Trump’s new order revoking those three orders, and directed federal agencies to review any procedural changes they made because of the orders. When companies bid for federal contracts, they’ll no longer have to disclose if they’ve violated the Fair Labor Standards Act, the Occupational Safety and Health Act, the Migrant and Seasonal Agricultural Worker
Protection Act, or the National Labor Relations Act.

Read the full text of the order here »

Presidential memorandum, March 27: Establishing the White House Office of American Innovation

Presidential memorandum, March 27: Establishing the White House Office of American Innovation

President Trump departs the White House in Washington with son-in-law and senior adviser Jared Kushner.Thomson Reuters

Trump established the White House Office of American Innovation, choosing his son-in-law and senior adviser Jared Kushner to lead it. The office will aim to overhaul government functions with ideas from industry.

Business titans Gary Cohn (National Economic Council director), Dina Powell (senior counselor to the president for economic initiatives and deputy national security adviser), Chris Liddell (assistant to the president for strategic initiatives), and Reed Cordish (assistant to the president for intragovernmental and technology initiatives) will also be on the team.

Read the full text of the memo here »

Presidential proclamation, March 24: Greek Independence Day

Presidential proclamation, March 24: Greek Independence Day

President Donald Trump speaks to guests during a Greek Independence Day celebration in the East Room of the White House, on March 24, 2017 in Washington, DC.Mark Wilson/Getty Images

Trump declared March 25, 2017, as Greek Independence Day.

“American patriots built our Republic on the ancient Greeks’ groundbreaking idea that the people should decide their political fates,” the president wrote in the proclamation.

Read the full text here »

2 presidential memoranda, March 23: Declaring an emergency in South Sudan

2 presidential memoranda, March 23: Declaring an emergency in South Sudan

The same day he signed these memoranda, Trump honked the horn of an 18-wheeler truck while meeting with truckers and CEOs on the South Lawn of the White House, Thursday, March 23, 2017.AP Photo/Andrew Harnik

Trump signed two memoranda declaring a national emergency in South Sudan, and notifying Congress that he did so, extending the emergency Obama declared in 2014. One million people there are on the brink of dying from a lack of food.

United Nations officials have called the famine in South Sudan, Nigeria, and Somalia the “world’s largest humanitarian crisis in 70 years.”

Office of Management and Budget Director Mick Mulvaney has said that the president’s proposed budget would “spend less money on people overseas and more money on people back home” and “absolutely” cut programs like those that would aid those starving in South Sudan.

Read the full text of the memos here and here »

Presidential memorandum, March 20: Delegating to Tillerson

Presidential memorandum, March 20: Delegating to Tillerson

President Donald Trump smiles at Secretary of State Rex Tillerson after he was sworn in in the Oval Office of the White House in Washington, Wednesday, Feb. 1, 2017.Associated Perss/Carolyn Kaster

Trump delegated presidential powers in the National Defense Authorization Act to Secretary of State Rex Tillerson. The law doles out funding “for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths.”

Read the full text of the memo here »

Presidential proclamation, March 17: National Poison Prevention Week

Presidential proclamation, March 17: National Poison Prevention Week

President Donald Trump departs the White House with his grandchildren Arabella and Joseph on March 3, 2017.Win McNamee/Getty Images

Trump proclaimed March 19 through March 25, 2017 National Poison Prevention Week in order to encourage Americans to safeguard their homes and protect children from ingesting common household items that may poison them.

Read the full text of the proclamation here »

Presidential memorandum, March 16: A letter to the House of Representatives outlining Trump’s proposed budget

Presidential memorandum, March 16: A letter to the House of Representatives outlining Trump's proposed budget

Winners and losers in Trump’s first budget.Mike Nudelman/Business Insider

Trump sent his first budget to the House of Representatives, requesting an additional $30 billion for the Department of Defense to fight ISIS and $3 billion for the Department of Homeland Security to protect the US border.

To offset the massive defense money, Trump proposes slashing funding for several key federal agencies, dropping budgets for the State Department and the Environmental Protection Agency by almost a third.

Several noteworthy Republican lawmakers signaled they didn’t approve of Trump’s first budget, and Democrats across the board decried the deep spending cuts.

Read the full text of the memorandum here »

Executive Order, March 13: Reorganizing the executive branch

Executive Order, March 13: Reorganizing the executive branch

President Donald Trump’s Cabinet gathers in the Oval Office on March 13, 2017.Donald Trump/Twitter

With the written aim of improving the efficiency of the federal government, Trump signed an order to shake up the executive branch, and “eliminate or reorganize unnecessary or redundant federal agencies” identified in a 180-day review.

It directs Office of Management and Budget Director Mick Mulvaney to review agency head’s proposed plans to reorganize or shrink their departments, and submit a plan to Trump by September 2017 outlining how to streamline the government.

Historians expressed skepticism that Trump would be able to effectively shrink the government, since many past presidents have tried and failed to do so. Critics argued that Trump could use the order to dismantle federal agencies that he or his Cabinet members don’t like.

Read the full text of the order here »

Presidential proclamation, March 6: National Consumer Protection Week

Presidential proclamation, March 6: National Consumer Protection Week

Pool/Getty Images

March 5 through March 11, 2017 was National Consumer Protection Week, Trump proclaimed, which “reminds us of the importance of empowering consumers by helping them to more capably identify and report cyber scams, monitor their online privacy and security, and make well-informed decisions.”

Read the full text of the proclamation here »

Executive Order, March 6: A new travel ban

Executive Order, March 6: A new travel ban

President Donald Trump signs a new temporary travel ban in the Oval Office on March 6, 2017.Sean Spicer/Twitter

Trump’s second go at his controversial travel order bans people from Sudan, Iran, Somalia, Yemen, Syria, and Libya from entering the US for 90 days, and bars all refugees from coming into the country for 120 days, starting March 16.

Existing visa holders will not be subjected to the ban, and religious minorities will no longer get preferential treatment — two details critics took particular issue with in the first ban. The new order removed Iraq from the list of countries, and changed excluding just Syrian refugees to preventing all refugees from entering the US.

Democrats denounced the new order, with Senate Minority Leader Chuck Schumer saying the “watered-down ban is still a ban,” and Democratic National Committee Chair Tom Perez saying “Trump’s obsession with religious discrimination is disgusting, un-American, and outright dangerous.”

Read the full text of the order here »

UPDATE 3/15: US District Judge Derrick Watson put an emergency halt on the revised travelban the day before it would have taken effect, after several states and refugee groups sued in court. Trump vowed to appeal the decision and take the order all the way to the Supreme Court if necessary.

Presidential Memorandum, March 6: Guidance for agencies to implement the new travel ban

Presidential Memorandum, March 6: Guidance for agencies to implement the new travel ban

Secretary of State Rex Tillerson, Attorney General Jeff Sessions, and Homeland Security Secretary John Kelly make statements on Trump’s new travel ban on March 6, 2017.AP Photo/Susan Walsh

This memo instructs the State Department, the Justice Department, and the Department of Homeland Security how to implement Trump’s new travel ban.

It directs the three department heads to enhance the vetting of visa applicants and other immigrants trying to enter the US as they see fit, to release how many visa applicants there were by country, and to submit a report in 180 days detailing the long-term costs of the United States Refugee Admissions Program.

Read the full text of the memorandum here »

3 Presidential proclamations, March 1: National months for women, the American Red Cross, and Irish-Americans

3 Presidential proclamations, March 1: National months for women, the American Red Cross, and Irish-Americans

Donald Trump signs bills to promote women in STEM.Zach Gibson/Getty Images

The president proclaimed March 2017 Women’s History Month, American Red Cross Month, and Irish-American Heritage Month.

Read the full text of the women’s history proclamation here »

And the Red Cross proclamation here »

And the Irish-American proclamation here »

Executive Order, February 28: Promoting Historically Black Colleges and Universities

Executive Order, February 28: Promoting Historically Black Colleges and Universities

Kellyanne Conway, counselor to the president, takes a photo of leaders from Historically Black Colleges and Universities and Trump in the Oval Office.Getty Images

This order established the White House Initiative on Historically Black Colleges and Universities, which will aim to increase private funding of these schools, encourage more students to attend them, and identify ways the executive branch can help these institutions succeed.

Students at some HBCU protested the meeting their leaders attended to witness Trump signing the order, expressing their disapproval of the president in general, and questioning whether the action was “truly a seat at the table” or merely “a photo op.”

Read the full text of the order here »

Executive Order, February 28: Reviewing the ‘Waters of the United States’ rule

Executive Order, February 28: Reviewing the 'Waters of the United States' rule

EPA Administrator Scott Pruitt holds up an EPA cap during his first address to the agency.AP Photo/Susan Walsh

The order directed federal agencies to revise the Clean Water Rule, a major regulation Obama issued in 2015 to clarify what areas are federally protected under the Clean Water Act.

Trump’s EPA Administrator Scott Pruitt called the rule “the greatest blow to private property rights the modern era has seen,” in 2015, and led a multi-state lawsuit against it while he was Oklahoma’s attorney general.

David J. Cooper, an ecologist at Colorado State University, cautioned that repealing the rule wouldn’t settle the confusion about what the federal government can protect under the Clean Water Act, or where.

Read the full text of the order here »

Executive Order, February 24: Enforcing regulatory reform

Executive Order, February 24: Enforcing regulatory reform

President Donald Trump meets with union leaders at the White House.Getty Images

This order creates Regulator Reform Officers within each federal agency who will comb through existing regulations and recommend which ones the administration should repeal. It directs the officers to focus on eliminating regulations that prevent job creation, are outdated, unnecessary, or cost too much.

The act doubles down on Trump’s plan to cut government regulations he says are hampering businesses, but opponents insist are necessary to protect people and the environment. Leaders of 137 nonprofit groups sent a letter to the White House on February 28 telling the president that “Americans did not vote to be exposed to more health, safety, environmental and financial dangers.”

Read the full text of the order here »

Executive Order, February 9: Combating criminal organizations

Executive Order, February 9: Combating criminal organizations

Recaptured drug lord Joaquin “El Chapo” Guzman is escorted by soldiers at the hangar belonging to the office of the Attorney General in Mexico City, Mexico on January 8, 2016.Reuters/Amanda Macias/Business Insider

The order is intended to “thwart” criminal organizations, including “criminal gangs, cartels, racketeering organizations, and other groups engaged in illicit activities.”

The action directs law enforcement to apprehend and prosecute citizens, and deport non-citizens involved in criminal activities including “the illegal smuggling and trafficking of humans, drugs or other substances, wildlife, and weapons,” “corruption, cybercrime, fraud, financial crimes, and intellectual-property theft,” and money laundering

The Secretary of State, Attorney General, Secretary of Homeland Security, and Director of National Intelligence will co-chair a Threat Mitigation Working Group that will identify ways that local, state, federal, and international law enforcement can work together in order to eradicate organized crime.

It also instructs the co-chairs to present the president with a report within 120 days outlining the penetration of criminal organizations into the United States, and recommendations for how to eradicate them.

Read the full text of the order here »

Executive Order, February 9: Reducing crime

Executive Order, February 9: Reducing crime

President Donald Trump speaks during a meeting with county sheriffs in the Roosevelt Room of the White House in Washington, Tuesday, Feb. 7, 2017.AP Photo/Evan Vucci

Following up on his promise to restore “law and order” in America, Trump signed an executive order intended to reduce violent crime in the US, and “comprehensively address illegal immigration, drug trafficking, and violent crime.”

The action directs Attorney General Jeff Sessions to assemble a task force in order to identify new strategies and laws to reduce crime, and to evaluate how well crime data is being collected and leveraged across the country.

Trump has come under fire recently for claiming the national murder rate was at an all-time high, when it has in fact dropped to one of the lowest rates ever, with 2015 merely experiencing a slight uptick from the previous year.

Read the full text of the order here »

Executive Order, February 9: Protecting law enforcement

Executive Order, February 9: Protecting law enforcement

Police break up skirmishes between demonstrators and supporters of then-Republican presidential candidate Donald Trump that broke out after it was announced the rally on March 11, 2016 in Chicago, Illinois would be postponed.Scott Olson/Getty Images

The order seeks to create new laws that will protect law enforcement, and increase the penalties for crimes committed against them.

It also directs the attorney general to review existing federal grant funding programs to law enforcement agencies, and recommend changes to the programs if they don’t adequately protect law enforcement.

The action is likely in response to multiple high-profile police killings over the past year, including a sniper attack that killed five Dallas police officers in July.

Read the full text of the order here »

Executive Order, February 3: Reviewing Wall Street regulations

Executive Order, February 3: Reviewing Wall Street regulations

President Donald Trump signs an executive order rolling back regulations from the 2010 Dodd-Frank law on Wall Street reform on Feb. 3, 2017 in the Oval Office.REUTERS/Kevin Lamarque

Trump signed two actions on Friday that could end up rewriting regulations in the financial industry that Obama and Congress put in place after the 2008 financial crisis.

The executive order sets “Core Principles” of financial regulation declaring that Trump’s administration seeks to empower Americans to make their own financial decisions, prevent taxpayer-funded bailouts, and reduce regulations on Wall Street so US companies can compete globally.

It also directs the Secretary of Treasury to review existing regulations on the financial system, determine whether the Core Principles are being met, and report back to the President in 120 days.

Experts worry that loosening regulations could roll back the Obama administration’s landmark consumer protection reform bill, Dodd-Frank, aimed at reducing risk in the financial system. Sen. Elizabeth Warren, the progressive darling from Massachusetts, led the charge decrying the actions.

Read the full text of the order here »

Presidential Memorandum, February 3: Reviewing the fiduciary duty rule

Presidential Memorandum, February 3: Reviewing the fiduciary duty rule

President Donald Trump signs an executive action in the White House.AP

The memorandum directs the Labor Secretary to review the “fiduciary rule,” another Obama-era law intended to protect Americans’ retirement money from conflicted advice from financial advisers that has long drawn rebuke from Wall Streeters and was scheduled to go into effect in April.

If the secretary finds the rule conflicts with the administration’s Core Principles, adversely affects the retirement industry, or causes increased litigation, then he should recommend revising or repealing the rule.

Democratic lawmakers and 38-million-member retiree nonprofit AARP came out against the action. Read more about Wall Street’s response to the memorandum here »

Read the full text of the memorandum here »

Presidential proclamation, February 2: American Heart Month

Presidential proclamation, February 2: American Heart Month

President Donald Trump and his wife Melania stand for the singing of the National Anthem during his inauguration ceremony at the Capitol on January 20, 2017.REUTERS/Carlos Barria

This ceremonial proclamation invited Americans to wear red on Friday, February 3, 2017 for National Wear Red Day, and followed Congress’ request in 1963 for presidents to annually declare February American Heart Month. The goal is to remember those who have died from heart disease and to improve its prevention, detection, and treatment.

Read the full text of the proclamation here »

Executive Order, January 30: For every new regulation proposed, repeal two existing ones

Executive Order, January 30: For every new regulation proposed, repeal two existing ones

President Donald Trump.Olivier Douliery-Pool/Getty Images

The order states that for every one regulation the executive branch proposes, two must be identified to repeal. It also caps the spending on new regulations for 2017 at $0.

Some environmental groups expressed concern that the order could undo regulations put in place to protect natural resources.

Read the full text here »

Executive Order, January 28: Drain the swamp

Executive Order, January 28: Drain the swamp

Trump’s Cabinet nominees.Skye Gould/Business Insider

The order requires appointees to every executive agency to sign an ethics pledge saying they will never lobby a foreign government and that they won’t do any other lobbying for five years after they leave government.

But it also loosened some ethics restrictions that Obama put in place, decreasing the number of years executive branch employees had to wait since they had last been lobbyists from two years to one.

Read the full text here »

Presidential Memorandum, January 28: Reorganizing the National and Homeland Security Councils

Presidential Memorandum, January 28: Reorganizing the National and Homeland Security Councils

Chief White House strategist Steve Bannon.AP Photo/Gerald Herbert

Trump removed the nation’s top military and intelligence advisers as regular attendees of the National Security Council’s Principals Committee, the interagency forum that deals with policy issues affecting national security.

The executive measure established Trump’s chief strategist, Steve Bannon, as a regular attendee, and disinvited the chairman of the Joint Chiefs of Staff and the Director of National Intelligence to attend only when necessary.

Top Republican lawmakers and national security experts roundly criticized the move, expressing their skepticism that Bannon should be present and alarm that the Joint Chiefs of Staff sometimes wouldn’t be.

Read the full text here »

Presidential Memorandum, January 28: Defeating ISIS

Presidential Memorandum, January 28: Defeating ISIS

Donald Trump at a rally with James Mattis, his pick for defense secretary.AP

Making a point to use the phrase “radical Islamic terrorism” (something Trump criticized Obama for on the campaign trail), Trump directed his administration “to develop a comprehensive plan to defeat ISIS,” drafted within 30 days.

Read the full text here »

Executive Order, January 27: Immigration ban

Executive Order, January 27: Immigration ban

Protesters assemble at John F. Kennedy International Airport in New York, Saturday, Jan. 28, 2017 after earlier in the day two Iraqi refugees were detained while trying to enter the country.Associated Press/Craig Ruttle

In Trump’s most controversial executive action yet, he temporarily barred people from majority-Muslim Iran, Iraq, Libya, Somalia, Sudan, and Yemen from entering the country for 90 days, and Syrians from entering until he decides otherwise.

Federal judges in several states declared the order unconstitutional, releasing hundreds of people who were stuck at US airports in limbo. The White House continues to defend the action, insisting it was “not about religion” but about “protecting our own citizens and border.”

Tens of thousands of people protested the action in cities and airports across the US, company executives came out against the order, and top Republicans split with their president to criticize Trump’s approach.

Read the full text here »

UPDATE: Since the Ninth Circuit Court of Appeals struck down this order on February 9, Trump issued a new order intended to replace this one on March 6.

Presidential Memorandum, January 27: ‘Rebuilding’ the military

Presidential Memorandum, January 27: 'Rebuilding' the military

Marine General James Mattis.US Marine Corps

This action directed Secretary of Defense James Mattis to conduct a readiness review of the US military and Ballistic Missile Defense System, and submit his recommendations to “rebuild” the armed forces.

Read the full text here »

Presidential proclamation, January 26: National School Choice Week

Presidential proclamation, January 26: National School Choice Week

Thousands rally in support of charter schools outside the Capitol in Albany, N.Y., on Tuesday, March 4, 2014.AP Images

Trump proclaimed January 22 through January 28, 2017 as National School Choice Week.

The ceremonial move aimed to encourage people to demand school-voucher programs and charter schools, of which Trump’s Secretary of Education nominee Betsy DeVos is a vocal supporter. Meanwhile, opponents argue that the programs weaken public schools and fund private schools at taxpayers’ expense.

Read the full text here »

Executive Order, January 25: Build the wall

Executive Order, January 25: Build the wall

Supporters of then-Republican presidential candidate Donald Trump chant, “Build that wall,” before a town hall meeting in Rothschild, Wis. on April 2, 2016.Associated Press/Charles Rex Arbogast

Trump outlined his intentions to build a wall along the US border with Mexico, one of his main campaign promises.

The order also directs the immediate detainment and deportation of illegal immigrants, and requires state and federal agencies tally up how much foreign aid they are sending to Mexico within 30 days, and tells the US Customs and Border Protection to hire 5,000 additional border patrol agents.

While Trump has claimed Mexico will pay for the wall, his administration has since softened this pledge, indicating US taxpayers may have to foot the bill, at least at first.

Read the full text here »

Executive Order, January 25: Cutting funding for sanctuary cities

Executive Order, January 25: Cutting funding for sanctuary cities

Lordes Reboyoso, right, yells at a rally outside of City Hall in San Francisco, Wednesday, Jan. 25, 2017.Associated Press/Jeff Chiu

Trump called “sanctuary cities” to comply with federal immigration law or have their federal funding pulled.

The order has prompted a mixture of resistance and support from local lawmakers and police departments in the sanctuary cities, which typically refuse to honor federal requests to detain people on suspicion of violating immigration law even if they were arrested on unrelated charges. The city of San Francisco is already suing Trump, claiming the order is unconstitutional.

Read the full text here »

Executive Order, January 24: Expediting environmental review for infrastructure projects

Executive Order, January 24: Expediting environmental review for infrastructure projects

Then Republican presidential candidate Donald Trump holds a campaign rally.Mark Lyons/Getty Images

The order allows governors or heads of federal agencies to request an infrastructure project be considered “high-priority” so it can be fast-tracked for environmental review.

Trump signed the order as a package infrastructure deal, along with three memoranda on oil pipelines.

Read the full text here »

3 Presidential Memoranda, January 24: Approving pipelines

3 Presidential Memoranda, January 24: Approving pipelines

President Donald Trump looks up while signing an executive action to advance construction of the Keystone XL pipeline at the White House in Washington January 24, 2017.Reuters/Kevin Lamarque

Trump signed three separate memoranda set to expand oil pipelines in the United States, a move immediately decried by Native American tribes, Democrats, and activists.

The first two direct agencies to immediately review and approve construction of the Dakota Access Pipeline and the Keystone XL Pipeline, and the third requires all pipeline materials be built in the US.

While pipeline proponents argue that they transport oil and gas more safely than trains or trucks can, environmentalists say pipelines threaten the contamination of drinking water.

Read the full text of all three memoranda here »

Presidential Memorandum, January 24: Reduce regulations for US manufacturing

Presidential Memorandum, January 24: Reduce regulations for US manufacturing

President-elect Donald Trump talks with workers during a visit to the Carrier factory on Dec. 1, 2016, in Indianapolis, Ind.AP Photo/Evan Vucci

Trump directed his Secretary of Commerce to review how federal regulations affect US manufacturers, with the goal of figuring out how to reduce them as much as possible.

Read the full text here »

Presidential Memorandum, January 23: Reinstating the ‘Mexico City policy’

Presidential Memorandum, January 23: Reinstating the 'Mexico City policy'

Hundreds of thousands of protesters march down Pennsylvania avenue during the Women’s March on Washington January 21, 2017 in Washington, DC to protest newly inaugurated President Donald Trump.Aaron P. Bernstein/Getty Image

The move reinstated a global gag rule that bans American non-governmental organizations working abroad from discussing abortion.

Democratic and Republican presidents have taken turns reinstating it and getting rid of it since Ronald Reagan created the gag order in 1984. The rule, while widely expected, dismayed women’s rights and reproductive health advocates, but encouraged antiabortion activists.

Read the full text here »

Presidential Memorandum, January 23: Hiring Freeze

Presidential Memorandum, January 23: Hiring Freeze

Andy Kiersz/Business Insider

Trump froze all hiring in the executive branch excluding the military, directing no vacancies be filled, in an effort to cut government spending and bloat.

Union leaders called the action “harmful and counterproductive,” saying it would “disrupt government programs and services that benefit everyone.”

Read the full text here »

UPDATE 4/12: The hiring freeze is lifted, but budget director Mick Mulvaney says many jobs will stay unfilled because the Trump administration wants to reduce the federal workforce. The AP reported that the federal government added 2,000 workers in February and January, despite the freeze.

Presidential Memorandum, January 23: Out of the TPP

Presidential Memorandum, January 23: Out of the TPP

A protester holds signs against the TPP during a rally in Lima, Peru.Esteban Felix/AP Photo

This action signaled Trump’s intent to withdraw from the Trans Pacific Partnership, a trade deal that would lower tariffs for 12 countries around the Pacific Rim, including Japan and Mexico but excluding China.

Results were mixed. Sen. Bernie Sanders said he was “glad the Trans-Pacific Partnership is dead and gone,” while Republican Sen. John McCain said withdrawing was a “serious mistake.”

Read the full text here »

Executive Order, January 20: Declaring Trump’s intention to repeal the Affordable Care Act

Executive Order, January 20: Declaring Trump's intention to repeal the Affordable Care Act

Then President-elect Donald Trump meets with Speaker of the House Paul Ryan of Wisconsin on Capitol Hill November 10, 2016.Reuters

One of Trump’s top campaign promises was to repeal and replace the Affordable Care Act, commonly called Obamacare.

His first official act in office was declaring his intention to do so. Congressional Republicans have been working to do just that since their term started January 3, though there was dissent among Republicans over whether or not to complete the repeal process before a replacement plan is finalized and strident Democratic resistance to any repeal of the ACA.

Read the full text here »

UPDATE 3/28: House Speaker Paul Ryan pulled the bill to repeal and replace the ACA, officially called the American Health Care Act, on March 24 after Republicans didn’t have enough votes to pass it. But some members of the GOP are still working on a way to dismantle Obamacare.

Presidential Memorandum, January 20: Reince’s regulatory freeze

Presidential Memorandum, January 20: Reince's regulatory freeze

President-elect Donald Trump and Republican National Committee Chairman Reince Priebus on election night.Mark Wilson/Getty Images

Trump’s Chief of Staff Reince Priebus signed this action, directing agency heads not to send new regulations to the Office of the Federal Register until the administration has leaders in place to approve them.

Obama’s Chief of Staff Rahm Emanuel signed a similar memorandum when he took office in 2009, but as Bloomberg notes, Priebus changed the language from a suggestion to a directive.

The action is partly carried out to make sure the new administration wants to implement any pending regulations the old one was considering. Environmentalists worried if this could mean Trump is about to undo many of Obama’s energy regulations.

http://www.businessinsider.com/trump-executive-orders-memorandum-proclamations-presidential-action-guide-2017-1/#presidential-memorandum-january-20-reinces-regulatory-freeze-50

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The Pronk Pops Show 878, April 21, 2017, Story 1: French Confirm Killing of Police Officer By Radical Islamic Terrorist Killer, Karim Cheurfi, Connected To Islamic State, — Videos — Story 2: Will Marine Le Pen Win In The First Round of French Presidential Election? First Round –Yes — — Making France Great Again — Second Round –Marine Le Pen May Be First Woman President or Emmannuel Marcon The Youngest — Videos — Story 3: Trump Administration Rolls Out New Tax Reform Plan and House Votes On Repeal and Replace Compromise Bill — By Day 100 — American People Want The FairTax And Full Repeal of Obamacare and Republican Establishment Wants Partial Repeal of Obamacare and Border Adjustment Tax — Stupid Party? — Videos — Story 4: Democrats Want To Shut-down Government Over Trump’s Wall — Republicans Pass Continuing Resolution — Videos

Posted on April 21, 2017. Filed under: American History, Banking System, Blogroll, Breaking News, Budgetary Policy, Communications, Computers, Congress, Corruption, Countries, Culture, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Economics, Education, Elections, Federal Government, Fiscal Policy, Foreign Policy, Free Trade, Government, Health Care, Health Care Insurance, History, House of Representatives, Human, Illegal Immigration, Immigration, Independence, Insurance, Investments, Labor Economics, Law, Legal Immigration, Life, Media, Monetary Policy, News, Philosophy, Photos, Politics, Polls, President Trump, Presidential Appointments, Progressives, Radio, Raymond Thomas Pronk, Regulation, Rule of Law, Tax Policy, Terror, Terrorism, U.S. Negotiations with Islamic Republic of Iran, United States of America, Videos, Wealth, Wisdom | Tags: , , , , , , , , , |

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Pronk Pops Show 878: April 21, 2017

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Pronk Pops Show 817: January 13, 2017

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Pronk Pops Show 813: January 9, 2017

Masked police officers were photographed standing on top of a vehicle on the Champs Elysees following an incident which left one officer deadEmmanuel Macron and Marine Le Pen.Image result for trump omb director mike mulveney

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Story 1: French Confirm Killing of Police Officer By Radical Islamic Terrorist Killer, Karim Cheurfi, Connected To Islamic State,  — Videos — 

ISIS Reportedly Claims Responsibility For Paris Attack That Left 1 Officer Dead | TODAY

Is Marine Le Pen the Donald Trump of France?

Paris shooting: Gunman was ‘focus of anti-terror’ probe – BBC News

Police search home of shooting suspect in Paris suburb

Raw: Memorial For Officer Killed In Paris Shooting

Geert Wilders message for Europe

Revealed: ISIS terrorist who shot dead cop in Paris attack was arrested TWO MONTHS ago for threatening to kill police and served 15 years for trying to murder two officers

  • Policeman Xavier Jugele, 37, was killed last night after being ‘targeted’ on the Champs Elysees in central Paris
  • The attacker was eventually shot dead after French police officers rushed to the scene in the heart of the city
  • The gunman’s Audi contained a pump action shotgun, knives and ID of known ‘extremist’ Karim Cheurfi 
  • Two other police officers were ‘seriously injured’ and a ‘female foreign tourist’ was wounded in the incident
  • A note declaring allegiance to ISIS was discovered on the Champs Elysees and is being investigated by police 

French security services are today facing troubling questions as to how they failed to prevent an ISIS gunman from slaughtering one policeman and wounding two other officers in Paris when he was arrested as recently as February.

Karim Cheurfi, 39, had served 15 years of a 20-year jail sentence for attempting to kill two officers in 2001, before his release last year.

In February, the terrorist tried to obtain weapons and made threats to kill police officers, but was let go in early March due to lack of evidence.

On Thursday night, the fanatic was killed by police after he got out of his Audi and opened fire at police who had stopped at a red light on Champs Elysees. His car was packed with more weapons, including a pump action shotgun and knives. A copy of the Koran was also found in the vehicle.

Traffic officer Xavier Jugele, 37, died instantly with a shot to the head, while the other two were hurt before Cheurfi himself was gunned down by nearby armed police. A ricocheting bullet fired by the terrorist also wounded a female foreign tourist passing by.

ISIS has claimed responsibility for the attack and nicknamed the attacker ‘Abu Yousuf al-Belgiki’, which translates to ‘the Belgian’ in Arabic – a name which was listed in uncovered documents from the terror group last year.

A note declaring allegiance to ISIS was discovered on the Champs Elysees and is being investigated by police. Its presence and the speed at which ISIS claimed responsibility may suggest the attack was directed by the jihadist group rather than carried out by a lone supporter.

Karim Cheurfi

Pictured is the suspected ISIS gunman, who has been identified locally as 39-year-old father Karim Cheurfi

Pictured (left and right) is the suspected ISIS gunman, who has been identified locally as 39-year-old Karim Cheurfi

The alleged ISIS gunman, identified as 39-year-old Karim Cheurfi - who was jailed for 20 years for trying to kill officers in 2001 - parked his Audi and opened fire after police stopped at a red light on the world famous avenue. Pictured is his arrest warrant from last month, when he was detained for trying to obtain weapons 'to kill police'

The alleged ISIS gunman, identified as 39-year-old Karim Cheurfi – who was jailed for 20 years for trying to kill officers in 2001 – parked his Audi and opened fire after police stopped at a red light on the world famous avenue. Pictured is his arrest warrant from last month, when he was detained for trying to obtain weapons ‘to kill police’

Traffic officer Xavier Jugele (pictured), 37, died instantly with a shot to the head, while the other two were hurt before Cheurfi himself was gunned down by nearby armed police

Traffic officer Xavier Jugele (pictured), 37, died instantly with a shot to the head, while the other two were hurt before Cheurfi himself was gunned down by nearby armed police

Pictured is armed police crowded two other officers, believed to have been shot in the attack, on Champs Elysees on Thursday night

Pictured is armed police crowded two other officers, believed to have been shot in the attack, on Champs Elysees on Thursday night

French police leave the home of ISIS gunman Karim Cheurfi in the suburb of Chelles, in Paris, following last night's attack

French police leave the home of ISIS gunman Karim Cheurfi in the suburb of Chelles, in Paris, following last night’s attack

A woman places a flower near the spot on the Champs Elysees where the shooting occurred last night in the French capital

A woman places a flower near the spot on the Champs Elysees where the shooting occurred last night in the French capital

A body is removed from the scene after a traffic officer was killed by an ISIS gunman in central Paris last night

A body is removed from the scene after a traffic officer was killed by an ISIS gunman in central Paris last night

French police officers and forensic teams searched a vehicle which was close to the scene on the Champs Elysees in Paris

French police officers and forensic teams searched a vehicle which was close to the scene on the Champs Elysees in Paris

A police lorry seized the Audi which the attacker was driving, before he got out and shot at traffic officers last night

A police lorry seized the Audi which the attacker was driving, before he got out and shot at traffic officers last night

A still image from video footage shows police forensic investigators inspect the car used by the attacker in Paris last night

A still image from video footage shows police forensic investigators inspect the car used by the attacker in Paris last night

In the latest developments after the attack:

  • French police have this morning arrested three family members of ISIS gunman Karim Cheurfi 
  • Police are hunting a second suspect, who was brought to their attention by Belgian authorities 
  • A man whose image appeared on social media as ‘second suspect’ handed himself to police in Antwerp claiming he was not linked to the plot. Detectives have said this man had nothing to do with the attack 
  • Far-right presidential candidate Marine Le Pen called for all French terror suspects to be expelled
  • France’s government has reviewed its already extensive election security measures and says it is ‘fully mobilised’ and nothing will stop Sunday’s presidential vote
  • US President Donald Trump believes the attack will have a ‘big effect’ on the outcome of the election 
  • British Prime Minister Theresa May has sent condolences to the French president following the latest attack but the pair have not spoken directly since last night 
  • Iran’s foreign secretary Bahram Ghasemi said France was feeling a blowback for its support of rebels in Syria 

French officials revealed that Cheurfi was detained in Meaux, 24 miles east of Paris, on February 23 this year, after it emerged he was trying to buy weapons ‘to kill police’.

On Friday night, but prosecutors tonight denied that he was on a security watch list and added the terrorist showed no signs of radicalisation before the attack.

He reportedly used the alias ‘Abu Yousuf the Belgian’ and reportedly made threats to murder officers using the social media app Telegram, an instant messaging service.

Despite having a long list of police-hating convictions, he was able to obtain a Kalashnikov, a pump action shotgun and several knives ahead of last night’s attack.

He had been jailed for 20 years in 2005 for trying to kill two policemen.  He opened fire five times with a .38 revolver following a car chase in 2001, leaving the officers and a third victim wounded. All three survived the attack in Roissy-en-Brie, in the Seine-et-Marne department of northern France.

An armed police officer hoists his weapon as they storm the streets of Paris after the latest terror attack to hit the city

An armed police officer hoists his weapon as they storm the streets of Paris after the latest terror attack to hit the city

Armed police outside a shop in central Paris after an ISIS gunman killed a traffic officer and injured three other people

Armed police outside a shop in central Paris after an ISIS gunman killed a traffic officer and injured three other people

Armed police officers on the streets of Paris after a gunman killed a traffic cop and seriously injured two others last night

Armed police officers on the streets of Paris after a gunman killed a traffic cop and seriously injured two others last night

Armed police officers stood guard after they rushed to the scene in the centre of the capital following the incident which left frightened witnesses sprinting for their lives 

Armed police officers stood guard after they rushed to the scene in the centre of the capital following the incident which left frightened witnesses sprinting for their lives

A team of forensic detectives examine the Audi, which the gunman was driving. ID of Karim Cheurfi was found in the vehicle

A team of forensic detectives examine the Audi, which the gunman was driving. ID of Karim Cheurfi was found in the vehicle

Cheurfi, who was born in France, was a recluse who blamed police for ruining his life, a friend of the family revealed today.

OFFICER SHOT DEAD GUARDED BATACLAN AT ITS REOPENING

By Sam Tonkin for MailOnline 

The policeman killed by an ISIS gunman on the Champs-Elysees was today named as Xavier Jugelé, a 37-year-old Paris officer who defiantly said ‘no to terrorists’ at the reopening of the Bataclan theatre last November.

He was shot in the head when the terrorist – identified today as French national Karim Cheurfi, 39 – launched his attack on three police officers at around 9pm last night.

Jugelé, who was a proud defender of gay rights, was named as the victim who died by French newspaper Le Parisien.

It has since emerged that Jugelé was on duty at the reopening of the Bataclan theatre on November last year - a year on from the Paris attacks which left 130 dead.
Jugelé

It has since emerged that Jugelé (pictured left and right) was on duty at the reopening of the Bataclan theatre on November last year – a year on from the Paris attacks which left 130 dead

It has since emerged that Jugelé was on duty at the reopening of the Bataclan theatre on November last year – a year on from the Paris attacks which left 130 dead.

As British singer Sting marked the occasion with a performance at the concert hall, Jugelé defiantly told PEOPLE.com that he was there ‘to say no to terrorists’.

The policeman added: ‘I’m happy to be here. Glad the Bataclan is reopening. It’s symbolic.

‘We’re here tonight as witnesses. Here to defend our civic values. This concert’s to celebrate life. To say no to terrorists.

‘It doesn’t feel strange, it feels important,’ he added. ‘Symbolic.’

He did not attend formal mosque prayer services and became fascinated by jihadist propaganda via the internet, a confident of his mother claimed.

‘Karim did not pray, he drank alcohol and watched jihadist propaganda,’ neighbour Hakim, 50, told MailOnline.

‘He was not a good Muslim, he was a lost soul. He had no friends, no girlfriend, he never went out. He stayed at home all day watching stuff on the internet.’

Another neighbour added: ‘Karim didn’t go to the mosque. He just stayed at home. You never saw him.’

Hakim continued: ‘Karim blamed the police for ruining his life. He fired (a pistol) at police during a burglary and got sentenced to 15 years prison.

‘He was only 20 at the time. He hated the police, he said they had ruined his life. He was ‘anti-cop’. He would swear at officers in the street, call them bastards. He didn’t care.’

Hakim, whose family is close to Cheurfi’s mother, said the gunman had only recently returned to the quiet residential street after spending years behind bars.

Cheurfi lived separately from his mother in a purpose-built apartment in the front of the property.

Hakim added: ‘He lived in the studio in the garden. The mother lived in the big house.’

Cheurfi’s Algerian-born mother had divorced his father and had married a Frenchman with who she had second son. She later divorced her second son.

Another neighbour said: ‘His parents split up but they stayed living at the same property.

‘The father Salat lived in the apartment in the front of the garden and the mother lived in the house at the back of the property.

‘The mother married again, to a Frenchman, and they had a son together but the father stayed living at the property.

‘So it was a bit complicated but that’s life. Karim got on well with his half brother who is called Stephane.

‘But he went to live in the apartment with his father when he got of prison.’

Another neighbor added: ‘The mother is not here. She is in Algeria. She goes there every few months to visit relatives. She’s not been well.’

Officers have been searching the home of Karim in east Paris and arrested three of his family members.

A French government spokesman said the ISIS gunman began firing against police using ‘a weapon of war’.

The fatal incident unfolded as presidential candidates, including National Front party leader Marine Le Pen, debated on a TV show nearby before Sunday’s election.

Paris police search the suspected Champs-Elysee attacker’s house

A French police officer has been shot dead on the Champs Elysees in Paris (pictured) - just days before the French presidential election 

A French police officer has been shot dead on the Champs Elysees in Paris (pictured) – just days before the French presidential election

People held their hands up as they walked towards officers close to the scene where a policeman was fatally shot in Paris

People held their hands up as they walked towards officers close to the scene where a policeman was fatally shot in Paris

Police closed off the popular avenue (pictured) after a policeman was killed during a shooting incident in the French capital

Police closed off the popular avenue (pictured) after a policeman was killed during a shooting incident in the French capital

Pictured is the scene of a restaurant in Paris when the gunman opened fire on the streets outside. Diners are seen cowering on the ground in fear

Pictured is the scene of a restaurant in Paris when the gunman opened fire on the streets outside. Diners are seen cowering on the ground in fear

An armed policeman speaks to diners in a nearby Parisien restuarant, who cowered to the floor in fear of the ISIS gunman

An armed policeman speaks to diners in a nearby Parisien restuarant, who cowered to the floor in fear of the ISIS gunman

The gunman has been identified by police but they will not officially reveal his name until investigators determine whether he had accomplices, according to the Paris prosecutor.

Prosecutor Francois Molins said: ‘The identity of the attacker is known and has been checked. I will not give it because investigations with raids are ongoing.

‘The investigators want to be sure whether he had or did not have accomplices.’

The Interior Ministry spokesman said the officers were deliberately targeted and the police union added that the policeman was killed while sat in a car at a red light.

US President Donald Trump said: ‘It looks like another terrorist attack. What can you say? It never ends.’

The attack which took place on the Champs Elysees (pictured) comes just three days before the first round of balloting in France's tense presidential election

The attack which took place on the Champs Elysees (pictured) comes just three days before the first round of balloting in France’s tense presidential election

A French police officer stood guard on the Champs Elysees in central Paris following the fatal shooting, which has been described as 'terrorist related' 

A French police officer stood guard on the Champs Elysees in central Paris following the fatal shooting, which has been described as ‘terrorist related’

Police officers secured the area after a gunman got of an Audi vehicle and targeted officers by firing an automatic gun towards them 

Police officers secured the area after a gunman got of an Audi vehicle and targeted officers by firing an automatic gun towards them

A man and a woman put their hands in the air as armed officers stood just yards away from them following the incident in the city 

A man and a woman put their hands in the air as armed officers stood just yards away from them following the incident in the city

Officers searched the home of the suspected gunman on Thursday evening after they travelled to his home in the east part of the capital 

Officers searched the home of the suspected gunman on Thursday evening after they travelled to his home in the east part of the capital

People were seen running away from the area after Thursday night's attack, which has been described as being 'terrorist related'

People were seen running away from the area after Thursday night’s attack, which has been described as being ‘terrorist related’

Police officers searched the home of the suspected gunman in east Paris following the attack in the capital on Thursday 

Police officers searched the home of the suspected gunman in east Paris following the attack in the capital on Thursday

The Audi which is believed to belong to the attacker was taken away from the scene on the back of a lorry as police rushed to the popular avenue 

The Audi which is believed to belong to the attacker was taken away from the scene on the back of a lorry as police rushed to the popular avenue

Forensic experts and police officers were seen examining evidence from a van on the Champs Elysees in central Paris 

Forensic experts and police officers were seen examining evidence from a van on the Champs Elysees in central Paris

ISIS claimed responsibility for the attack and dramatic video footage showed the immediate aftermath of the incident which left one policeman dead.

Pierre-Henry Brandet, spokesman for the French Interior Ministry, confirmed that both injured officers in hospital were now ‘out of danger’ and ‘stable’, while the female tourist was far less badly hurt.

Mr Brandet did not name any of the victims, but praised the officers for ‘helping to avoid a bloodbath’ by ‘neutralising’ the attacker as quickly as possible.

French President Francois Hollande said the attack was ‘terrorist related’ and scheduled an emergency meeting following the shootings on Thursday evening.

Mr Hollande said a national tribute will be paid to the policeman and added that a ‘passerby was hit’ before the ‘assailant was neutralised’.

Conservative contender Francois Fillon, who has campaigned against ‘Islamic totalitarianism,’ said on France 2 television that he was canceling his planned campaign stops Friday.

Far-right candidate Le Pen, who campaigns against immigration and Islamic fundamentalism, took to Twitter to offer her sympathy for law enforcement officers ‘once again targeted.’

She canceled a minor campaign stop, but scheduled another.

Centrist candidate Emmanuel Macron offered his thoughts to the family of the dead officer.

Socialist Benoit Hamon tweeted his ‘full support’ to police against terrorism.

Le Pen and Francois Fillon announced that they have both cancelled their campaigning on Friday.

Paris gunman’s neighbour speaks out as police raid suspect’s home

French presidential election candidate Jean-Luc Melenchon (pictured) took part in the TV show just days before the election 

French presidential election candidate Jean-Luc Melenchon (pictured) took part in the TV show just days before the election

French presidential candidates, including National Front party leader Marine Le Pen (pictured), took part in a key debate

French presidential candidates, including National Front party leader Marine Le Pen (pictured), took part in a key debate

Mr Brandet said ‘all lines of investigation were being pursued’, while intelligence sources said the dead assailant was a known radical on a so-called S-file, for ‘State-security’.

This means he would have been under surveillance, because he was a known risk to the country.

An eyewitness, called Chelloug, said: ‘It was a terrorist. He came out with a Kalashnikov and started shooting, but he could’ve shot us on the pavement and killed more people with a spray of shots.

‘But he targeted the policemen and fortunately there were the policemen who killed him.’

Another witness said: ‘I saw someone shoot at the police officers. They returned fire, they killed him, he fell on the floor. And then the emergency services came.

‘It took place by Zara and there was a CRS (Republican Security Companies) van parked up and the man shot the police officers. He took out a weapon and shot them.

‘I think the police officer was killed on the spot and his colleagues fired back and killed the individual.’

The attack comes just three days before the first round of balloting in France’s tense presidential election.

A witness, identified only as Ines, told BFM that she heard a shooting, saw a man’s body on the ground and the area was quickly evacuated by police.

It comes just two days after police arrested two men in southern Marseille with weapons and explosives who were suspected of preparing an attack to disrupt the first-round of the presidential election on Sunday.

France is in a state of emergency and at its highest possible level of alert since a string of terror attacks that began in 2015, which have killed over 230 people.

Thousands of troops and armed police have been deployed to guard tourist hotspots such as the Champs Elysees or other potential targets like government buildings and religious sites.

Police officers quickly secured the area - which is popular with tourists and Parisians - after the attack and the road was on lockdown by 9pm 

Police officers quickly secured the area – which is popular with tourists and Parisians – after the attack and the road was on lockdown by 9pm

Police search the car reportedly used in Paris attack

Police officers took positions near the Champs Elysees avenue in Paris after the gunman - who was known to the security services - launched the attack 

Police officers took positions near the Champs Elysees avenue in Paris after the gunman – who was known to the security services – launched the attack

An armed soldier spoke to a man a told him to leave the area following the fatal shooting close to the Arc de Triomphe (pictured) 

An armed soldier spoke to a man a told him to leave the area following the fatal shooting close to the Arc de Triomphe (pictured)

French soldiers secure the Champs Elysees Avenue after a police officer was killed when a gunman opened fire in Paris

French soldiers secure the Champs Elysees Avenue after a police officer was killed when a gunman opened fire in Paris

French police officers searched the area after some of their colleagues were shot in the heart of Paris on Thursday evening

French police officers searched the area after some of their colleagues were shot in the heart of Paris on Thursday evening

French President Francois Hollande (pictured) said the attack was 'terrorist related' and scheduled an emergency meeting following the shootings

French President Francois Hollande (pictured) said the attack was ‘terrorist related’ and scheduled an emergency meeting following the shootings

‘Stay back, stay back!’ Police warn after shooting in Paris

LE PEN ACCUSED OF ‘EXPLOITING’ ATTACK FOR VOTES

By Thomas Burrows for MailOnline 

French Prime Minister Bernard Cazeneuve has accused far-right candidate Marine Le Pen of ‘exploiting’ the Champs-Elysees terror attack to win votes ahead of Sunday’s presidential election.

In the wake of the shooting Le Pen called for foreign terror suspects to be expelled immediately and claimed France needed a ‘presidency which acts and protects us.’

Responding to that, Cazeneuve, a Socialist, said Le Pen’s National Front (FN) ‘after each attack, seeks to exploit it and use it for purely political means.’

Experts believe the shooting last night could boost Le Pen’s chances of getting elected just days before France goes to the polls.

Le Pen today called for foreign terror suspects to be kicked out the country despite the fact the ISIS gunman was French

Le Pen today called for foreign terror suspects to be kicked out the country despite the fact the ISIS gunman was French

Voters could flock to far-right candidate Marine Le Pen following the latest terror attack

Voters could flock to far-right candidate Marine Le Pen following the latest terror attack

In last night’s attack a police officer was killed and two more were injured after a gunman opened fire close to the Champs-Elysees.

Le Pen today called for foreign terror suspects to be kicked out the country despite the fact the ISIS gunman was French. The 39-year-old had used the war name ‘Abu Yousuf the Belgian’.

Officials confirmed the homegrown fanatic was a French national despite his nickname.

A manhunt is underway for the second suspect who travelled by train to France from Belgium.

The Champs-Elysees terror attack could boost far-right candidate Marine Le Pen's chances of getting elected, experts believe

The Champs-Elysees terror attack could boost far-right candidate Marine Le Pen’s chances of getting elected, experts believe

The shooting took place just four days before the French election and experts believe it could bolster Le Pen’s chances of being elected.

Le Pen has made immigration and security the core part of her campaign. She has pledged to tighten French borders controls and build more jails, and claimed authorities were not doing enough to protect citizens from terror attacks.

More than half of police officers in France had already said they were voting for Le Pen because of her strong anti-terror stance, according to an IFOP poll.

Experts believe it could increase her chances of winning Sunday’s election.

Fredrik Erixon, director at the European Centre for International Political Economy, told CNBC: ‘[It could lead to] a greater performance of Marine Le Pen than otherwise would have been the case.

‘It’s difficult to see how this attack will not play into the hands of political forces that want this campaign to be focused only on issues around migration and terrorism.’

Vishnu Varathan, senior economist at Mizuho Bank, added: ‘The Paris gunman attack may well swing support in her favor; and this may not be picked up by the polls in a timely manner.’

Armed police officers were quick on the scene and closed the world famous avenue following the incident which shocked the city

Armed police officers were quick on the scene and closed the world famous avenue following the incident which shocked the city

The world famous was shut at around 9pm and it is believed police are still searching for a second suspect in relation to the attack 

The world famous was shut at around 9pm and it is believed police are still searching for a second suspect in relation to the attack

Police officers blocked the access of a street near the Champs Elysees in Paris after the fatal shooting on Thursday, April 20

Police officers blocked the access of a street near the Champs Elysees in Paris after the fatal shooting on Thursday, April 20

Officers were wearing vests and helmets as they patrolled the area close to where the fatal shooting took. A 39-year-old man is believed to be responsible for the shooting 

Officers were wearing vests and helmets as they patrolled the area close to where the fatal shooting took. A 39-year-old man is believed to be responsible for the shooting

The world famous street was put on lockdown by 9pm and officers guarded the area in central Paris (pictured, the Eiffel Tower in the background) 

The world famous street was put on lockdown by 9pm and officers guarded the area in central Paris (pictured, the Eiffel Tower in the background)

A policeman attended the scene and was armed with a gun following the incident. Police have reportedly issued a warrant for a second attacker

A policeman attended the scene and was armed with a gun following the incident. Police have reportedly issued a warrant for a second attacker

Up until now, polls showed voters more concerned about unemployment and their spending power than terrorism or security, though analysts warned this would change in the event of further bloodshed.

For weeks, centrist former banker Le Pen has been out in front but opinion polls now show there is a chance that any of the four leading candidates could reach the second-round runoff on May 7.

Scandal-plagued conservative Fillon and far-left firebrand Jean-Luc Melenchon have closed the gap substantially in the last two weeks.

A COUNTRY UNDER SIEGE: TIMELINE OF FRANCE TERROR

By Rory Tingle for MailOnline 

March, 18, 2017 – Convicted criminal with links to radical Islam shouted ‘I am here to die for Allah, there will be deaths’ seconds before he was shot dead during an attack at Orly airport. The 39-year-old, named locally as career criminal Ziyed Ben Belgacem, was killed after wrestling a soldier’s gun from her and fleeing into a McDonald’s. He sent a text message to his brother and father stating ‘I shot the police’, shortly before he was killed.

February 3, 2017 – A man is shot five times outside the Louvre museum in the heart of Paris after attempting to storm the historic art gallery.

July 14, 2016 – Amid Bastille Day celebrations in the Riviera city of Nice, a large truck is driven into a festive crowd. Some 86 people from a wide variety of countries are killed. The driver is shot dead. Islamic State extremists claim responsibility for the attack. The state of emergency in France is extended and extra protection, including robust barriers to prevent similar attacks, is put in place at major sites in France.

June 13, 2016 – Two French police officers are murdered in their home in front of their 3-year-old son. Islamic State claims responsibility for the slaying, which was carried out by a jihadist with a prior terrorist conviction. He is killed by police on the scene.

Nov. 13, 2015 – Islamic State militants kill 130 people in France’s worst atrocity since World War II. A series of suicide bomb and shooting attacks are launched on crowded sites in central Paris, as well as the northern suburb of Saint-Denis. Most of those killed are in a crowded theater where hostages are taken. Islamic State extremists claim responsibility and say it was in retaliation for French participation in airstrikes on the militant group’s positions in Syria and Iraq. It leads to the declaration of a state of emergency in France. Police powers are expanded.

Jan. 7, 2015 – Two brothers kill 11 people inside the Paris building where the satirical magazine Charlie Hebdo is headquartered in what Islamic State extremists claim is retaliation for the publication of cartoons about the Prophet Muhammad. More are killed subsequently in attacks on a kosher market in eastern Paris and on police. There are 17 victims in all, including two police officers. The attackers are killed.

The UK Foreign Office said: ‘The British Embassy is in contact with local authorities and urgently seeking further information following reports of a shooting incident on the Champs-Elysees in Paris.

‘You should remain vigilant and follow the advice of the local security authorities and/or your tour operator.

‘If you’re in the area and it is safe to do so, contact your friends and family to tell them you are safe.’

 were photographed standing on top of a vehicle on the Champs Elysees following an incident which left one officer dead

French police officers reacted after the shooting which left one officer dead and two more seriously injured in Paris 

French police officers reacted after the shooting which left one officer dead and two more seriously injured in Paris

French soldiers were armed with guns (pictured) and stood guard at the Arc de Triomphe near the Champs Elysees in Paris

French soldiers were armed with guns (pictured) and stood guard at the Arc de Triomphe near the Champs Elysees in Paris

Heavily armed officers had flooded the area following the gunshots which were heard in a busy part of the French capital 

Heavily armed officers had flooded the area following the gunshots which were heard in a busy part of the French capital

Reports have suggested that two police officers have been killed on the Champs Elysees in central Paris (pictured) this evening

Reports have suggested that two police officers have been killed on the Champs Elysees in central Paris (pictured) this evening

It was originally believed the other officer was seriously wounded while the attacker was killed on the world famous avenue (pictured)

It was originally believed the other officer was seriously wounded while the attacker was killed on the world famous avenue (pictured)

The incident last night comes as France remains in a state of emergency following the Paris attacks in 2015 and the Bastille Day killings in Nice in 2016.

The shooting comes just hours after one of the busiest roads in Paris was closed off by police as officers dealt with a ‘suspicious package’.

Reports suggested that items were discovered by officers as Rue de Rivoli remained shut. Stunned witnesses described seeing a large police presence on the two-mile-long road.

Rue de Rivoli is a busy commercial street just north of the River Seine which is home to some of the most fashionable shops in the world.

CHAMPS-ELYSEES: THE MOST BEAUTIFUL AVENUE IN THE WORLD

By Thomas Burrows for MailOnline 

The Champs-Elysees – the scene of Thursday night’s terror attack – is the beating historic heart of Paris.

It has been described as the ‘most beautiful avenue’ in the world and is visited by millions of tourists every year.

Tens of thousands of people daily throng the tree-lined 1.2 mile avenue that is home to luxury stores and chain stores, cafes, cinemas and high-end offices.

A tourist draw as famed as the Eiffel Tower just across the River Seine, the avenue, stretching from the Arc de Triomphe down to Concorde Square, was first laid out in 1670.

Over the decades people have gathered there to mark momentous moments in French history.

During the French Revolution in 1789 an angry mob set off from the avenue to march on Versailles, Louis XVI’s opulent retreat.

It was also the site chosen by General Charles de Gaulle to celebrate the August 25, 1944, liberation of Paris from the Germans during World War Two.

More recently, hundreds of thousands congregated along the avenue to celebrate France’s 1998 World Cup victory (sealed with a 3-0 win over Brazil) on home soil.

The Champs Elysees is famously the finish line for the world’s toughest cycling race, the Tour de France.

Thursday was not the first time violence has been visited on the avenue.

In 1986, it witnessed two attacks – the first, on February 3, seeing one death and eight injured at the Claridge shopping arcade.

A second attack on March 20 at the Point Show arcade killed two and injured 29. Both attacks were linked to Middle East terrorism.

On Bastille Day in 2002, president Jacques Chirac survived an assassination attempt by a right-wing extremist who fired off one shot from a rifle hidden in a guitar case before bystanders wrestled him to the ground.

http://www.dailymail.co.uk/news/article-4429938/Paris-terror-attack-video-shows-police-shoot-gunman.html#ixzz4evbT4kjq

Story 2: Will Marine Le Pen Win In The First Round of French Presidential Election? First Round –Yes — — Making France Great Again —  Second Round –Marine Le Pen May Be First Woman President or Emmanuel Marcon The Youngest President — Videos

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“Marine Le Pen will be the next French President” – Christopher Dickey

Dear French People | French Presidential Election 2017

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RT – Why Marine Le Pen is The Only Way to Save Europe #Frexit #EndEU

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Marine Le Pen will not put up with any nonsense from BBC reporter

Marine Le Pen gets poll boost after Paris attack as Donald Trump says her chances of victory have improved

Donald Trump Marine Le Pen

Donald Trump has said the Paris terrorist attack would boost Marine Le Pen’s presidential chances after a last-minute poll gave her a modest increase in support.

The US president said the shooting would “probably help” Ms Le Pen in Sunday’s election, because she is “strongest on borders, and she’s the strongest on what’s been going on in France.”

“Whoever is the toughest on radical Islamic terrorism, and whoever is the toughest at the borders, will do well in the election,” he said.

Marine Le Pen at a campaign rally in Marseille
Marine Le Pen at a campaign rally in Marseille CREDIT: EPA

US presidents typically avoid weighing in on specific candidates running in overseas election. But Mr Trump suggested his opinion was no different from an average observer, saying: “Everybody is making predictions on who is going to win. I’m no different than you.”

Cancelling visits and meetings on Friday, candidates traded blows across the airwaves as it emerged that the Isil-backed gunman had been kept in custody just 24 hours in February despite attempts to procure weapons to murder police.

Xavier Jugelé, 37, a policeman who had been deployed in the 2015 Bataclan attack, was killed in the shooting.

This undated image provided on Friday, April 21, 2017, by FLAG, an association of LGBT police officers, shows French police officer Xavier Jugele
This undated image provided on Friday, April 21, 2017, by FLAG, an association of LGBT police officers, shows French police officer Xavier Jugele CREDIT: FLAG VIA AP

Ms Le Pen, the far-Right candidate, blasted the mainstream “naive” Left and Right for failing to get tough on Islamism, calling for France to instantly reinstate border checks and expel foreigners who are on the watch lists of intelligence services.

François Fillon, the mainstream conservative candidate, pledged an “iron fist” in the fight against “Islamist totalitarianism” – his priority if elected. “We are at war, it’s either us or them,” said the conservative, whose campaign has been weighed down by allegations he gave his British wife a “fake job”.

Meanwhile, Emmanuel Macron, the independent centrist, whom critics dismiss as a soft touch, hit back at claims shutting borders and filling French prisons would solve the problem, saying: “There’s no such thing as zero risk. Anyone who pretends (otherwise) is both irresponsible and deceitful.”

Sticking to his campaign agenda, far-Left candidate Jean-Luc Mélenchon told everyone to keep a “cool head” as he took part in a giant picnic.

A last-minute Odoxa poll taken after the attack suggested that Mr Macron was still on course to come first in Sunday’s first round, with Ms Le Pen just behind and through to the May 7 runoff.

However, Mr Fillon and Mr Mélenchon were still snapping at their heels.

The government on Friday announced elite units would join 50,000 police and troops to guard polling booths on Sunday in France’s first presidential election to be held in a state of emergency.

Matthieu Croissandeau, editor of Nouvel Obs magazine, said the French are now thicker-skinned after two years of bloodshed. “The French are unfortunately getting used to terror attacks on home soil and I don’t think this latest one created the shock and awe that might have made a significant difference,” he said.

Ms Le Pen has struggled to get the campaign to focus on her party’s pet issues of security, Islam and immigration. By contrast, she has been thrown on the defensive over her position to pull out of the eurozone.

After the attack, she called on the “notoriously feeble” socialist, President François Hollande, to instantly reinstate border checks and expel foreigners who are on the watch lists of intelligence services. She said: “We cannot afford to lose this war. But for the past 10 years, Left-wing and Right-wing governments have done everything they can for us to lose it.

“We need a presidency which acts and protects us,” she said from her Paris campaign headquarters. Elected French president, I would immediately, and with no hesitation, carry out the battle plan against Islamist terrorism and against judicial laxity.”

Marine Le Pen reacts to the terror attack in Paris
But Ms Le Pen was not the only one to issue stern pledges. Mr Fillon, who also talks tough on security, said the fight against “Islamist totalitarianism” should be the next president’s priority.

“It will require an unyielding determination and a cool head,” the former prime minister said. “We are at war, there is no alternative, it’s us or them.”

Mr Fillon, though knocked off his initial course towards victory by incessant allegations involving “fake job” payments to his British wife, promised to govern with “an iron fist”.

But the moderate Mr Macron, whom other candidates have portrayed as too inexperienced, took a different tack, warning against any attempts to use the shooting for political gain. “I think we must once and for all have a spirit of responsibility at this extreme time and not give in to panic and not allow it to be exploited, which some might try to do,” he told French radio.

Karim Cheurfi had been detained in February after reports that he had threatened police 
Karim Cheurfi had been detained in February after reports that he had threatened police 

Ms Le Pen’s solutions, he said, were woefully simplistic and “would not protect France”. And he added that to promise a “zero risk” scenario “is both irresponsible and deceitful”.

He also took a swipe at Mr Fillon, saying that intelligence had been depleted on his watch as the prime minister in Nicolas Sarkozy’s presidency.

Meanwhile, Bernard Cazeneuve, the Socialist prime minister, accused Le Pen of “shamelessly seeking to exploit fear and emotion”.

Footage shows moments after suspected terrorist is shot in Paris

00:24

Opinion polls have for months forecast that Le Pen would make it through to the run-off, but then lose in the final vote. Given the margin of error, none of the leading four candidates is a sure bet to reach the final. All hope to woo the third of French voters still undecided.

Previous terror attacks ahead of elections – such as the November 2015 attacks in Paris before regional ballots – did not effect those ballots.

Analyst Who Predicted Trump’s Ascendancy Bets on Le Pen Win

April 21, 2017, 3:41 AM CDT April 21, 2017, 5:42 AM CDT
  • Undecided voters bad news for Macron, says GaveKal’s founder
  • Recommends overweight sterling, large-caps; bond shorts
 How Will Markets React to Elections in France?

Don’t bank on a relief rally in the euro area anytime soon.

Markets are underpricing the prospect of Marine Le Pen emerging victorious in the French election as a sea of undecided voters throws into sharp relief pronounced apathy for center-leftist Emmanuel Macron — the front-runner by a whisker — and the backlash against the European Union project.

That’s the conclusion drawn by Charles Gave, founder of Hong-Kong based asset-allocation consultancy GaveKal Research, who predicted the triumph of Donald Trump in the U.S. election, and is now betting on a win for the anti-euro National Front candidate.

“Le Pen’s momentum is a slow-moving reaction against the men of Davos — as we have seen with Brexit and Trump — but markets don’t want to believe it,” he said by phone before the first round of the French poll on April 23.

Given the prospect of a Le Pen victory, Gave, who has been researching tactical asset allocation for more than 40 years, is advising clients to adopt long positioning in the pound as the U.K. would benefit from haven bids, and shorts on inflation-linked German bonds amid the risk of deflation in the euro area.

Safer Bet

The French economist also recommends bets on the likely outperformance of publicly-listed European multinationals, given their outsize share of income in foreign currencies. In effect, for investors obliged to invest liquidity in euros, Gave says a basket of high-quality stocks is a safer bet than euro-denominated government bonds.

“The market is talking about the nightmare scenario but it’s not pricing it in” said Mark Tinker, head of AXA Framlington Asia. Tinker’s a GaveKal client, and admirer of Gave’s tail-risk warnings over the past year. “After Sunday, we will have more information to make a considered risk-return wager to trade and hedge, but high-quality European companies and German bonds look like an attractive bet,” Tinker said.

Markets are pining for a scenario that would preserve the status quo: Macron, an independent candidate, defeating Le Pen in the second round on May 7. Thursday saw something of a French relief rally, with strong demand at a government debt auction, while France’s benchmark CAC 40 Index rose 1.5 percent aspolls showed Macron pulling marginally ahead of Le Pen.

The euro held steady on Friday and French bonds gained after a police officer was shot in Paris, which may influence the outcome of the first-round vote, according to some analysts. The CAC 40 dropped for the first time in three days, declining 0.5 percent.

The stars, however, appear to be aligning for the National Front candidate, said Gave. The fact two candidates for the runoff are likely to be determined by voters who have yet to make up their minds — as many as 40 percent — is a bad omen for the centrist contender, he said.

Momentum Curtailed

At least half of the far-left and half of the center-right won’t vote for Macron in the second round if he is pitted against Le Pen, believing he is“tainted” by his association with Francois Hollande’s government, and would rather abstain, Gave said.

Supporters of Francois Fillon, a center-right candidate whose momentum has been curtailed by graft charges, and a sizable chunk of Macron’s followers would probably rally to Le Pen’s cause if she were to face leftist Jean-Luc Mélenchon in the final round, according to Gave. He sees only Fillon with a chance to defeat Le Pen in the run-off.

If she emerges victorious, the euro would tank as markets would price in the prospect of its dissolution, rather than focus on Le Pen’s legislative hurdles to exit the single-currency bloc. French and Italian bonds will be “unquotable” given vanishing bids, and the European banking system would be beset by seismic turmoil, he said.

https://www.bloomberg.com/news/articles/2017-04-21/analyst-who-predicted-trump-ascendancy-is-betting-on-le-pen-win

French Elections: Marine Le Pen Backed By Quiet Army of Women

Image: Marine Le Pen campaign rally in Paris

Le Pen waves at the audience after speaking at a rally in Paris on April 17. Christophe Petit Tesson / EPA

COGOLIN, France — Muslims preoccupy Jennifer Troin.

“I’m worried about my nieces having to wear the veil,” said the soft-spoken 29-year-old.

This fear has helped propel the young mother to the far-right of the political spectrum ahead of key presidential elections Sunday — and into the arms of the hard-line National Front party.

Troin sells children’s clothes at a store in Cogolin, a town of 11,000 a few miles from the jet-set resorts of the French Riviera. In 2014, Cogolin became one of a handful of communities nationwide to elect mayors from the National Front, which is also known by the acronym FN.

Image: Jennifer Troin, 29, is a sales assistant in a children's clothes store in Cogolin on April 13, 2017

Jennifer Troin, 29, is a sales assistant in a children’s clothes store in Cogolin, France on April 13, 2017.Saphora Smith / for NBC News

Troin told NBC News that it wasn’t just the FN’s stance on Islam and immigration that attracted her, but also the party’s populist take on the economy.

But most of all, it was the party’s charismatic leader, Marine Le Pen, who captured Troin’s loyalty.

“She fights for women’s rights against Islam,” she said. “I vote because of Marine.”

Troin is part of a quiet army of female National Front supporters, who could well tip the balance of the election and give the presidency to the hard-right.

An FN victory would rewrite the continent’s political playbook, given the party’s pledge to take France out of the European Union. Were it to win, it would not have been an easy ride for a movement that peaked in 2002 when founder Jean Mari Le Pen — Marine Le Pen’s father — reached the second and final round of the presidential election.

French voters flocked to the polls in the runoff to ensure Le Pen did not win, instead electing former President Jacques Chirac with a resounding 78 percent of the vote. Most pollsters expect a similar outcome in May’s second-round vote, predicting moderate voters to rally once again to shut out the FN.

But few doubt that the party’s anti-immigrant and anti-establishment platform is resonating.

The Front’s anti-Islamic message is especially potent in France, whose 4.7 million Muslims make up around 7.5 percent of the population. Islamist militant attacks have killed more than 230 people over two years and plunged the country into a long-term state of emergency.

Play
Marine Le Pen: Mass Immigration Is a Tragedy for France 1:00

This anxiety deepened on the eve of the election after a gunman ambushed three Parisian police officers on the Champs-Elysees late Thursday, killing one and wounding two others. ISIS claimed responsibility for the shooting and French President Francois Hollande said it was likely a terrorist attack.

Meanwhile, the FN’s influence has spread from its heartlands along the Mediterranean coast and in the rust-belt north, into rural “forgotten” France.

‘Marine is different’

Polling institute Elabe recently predicted that 22 percent of women would vote for the National Front in the first round Sunday — almost 5 percent more than in 2012.

With just days to go, polls show the race is tightening. Centrist Emmanuel Macron is edging his way ahead on 24 percent and Le Pen is a fraction behind on 22.5 percent, according to Bloomberg polling.

Just below them, hard-left candidate Jean-Luc Melenchon has enjoyed a late surge and scandal-hit conservative Francois Fillon has hung in there despite a slew of allegations that he paid thousands of euros to his British-born wife for assistance she allegedly did not provide. A third of voters remain undecided.

Image: French far-right Front National leader Marine Le Pen is kissed by her father Jean-Marie Le Pen
Front National leader Marine Le Pen is kissed by her father Jean-Marie Le Pen after being re-elected as president of the party on Nov. 30, 2014.Laurent Cipriani / AP, file

The FN’s ability to motivate French women could be decisive. Traditionally, it has struggled to attract female voters amid accusations of sexism, racism and anti-Semitism.

In its early years under Jean-Marie Le Pen, the party advocated a traditional image of women, opposed abortion rights and developed a reputation for a macho, strongman culture.

This bias showed. The FN was far less successful at attracting women than men. During Jean-Marie Le Pen’ time in charge, around 12 percent of French women supported the party compared with 17 percent of men, according toSciences Po Cevipof, a political institute based in Paris.

Marine Le Pen changed this.

Since taking over in 2011, she has softened the party’s image, steering the FN away from some of its overtly anti-Semitic and racist rhetoric in an effort to broaden its electoral base. In 2015, she expelled her father after he repeated his view that the Holocaust was a “detail of history.”

In the run up to the this year’s election, Le Pen dropped her last name from campaign handouts, referring to herself simply as Marine.

More recently, she specifically targeted the female vote. She has published special pamphlets and a campaign video that describes her as a woman and a mother and shows her flicking through family photo albums. She has also changed the party’s logo from a flame to a blue rose.

‘Hitler-like figure’

For Troin, the children’s clothes seller in Cogolin, her interest in the National Front has grown with Marine Le Pen’s rise. While immigration, job security and her fear of Islam remained underlying motivators, she was also attracted to the party’s re-brand.

For her, the former leader “was too outspoken, too offensive. He was a Hitler-like figure,” Troin said. “But Marine is different.”

In the last presidential election in 2012 — the first with Marine Le Pen as leader — the party’s gender gap closed to 1.5 percentage points. It’s what Cevipof professor and FN expert Nonna Mayer called the “Marine Le Pen effect.”

The party has long advocated clamping down on immigration and securing borders, and throughout her campaign Le Pen has consistently made the country’s Muslims a target.

Image: Marine Le Pen supporters cheer
Marine Le Pen supporters cheer at a rally in the southern city of Marseille on Wednesday.Jeff J Mitchell / Getty Images

“In France we respect women, we don’t beat them, we don’t ask them to hide themselves behind a veil as if they were impure. We drink wine when we want, we can criticize religion and speak freely,” she said during a rally Monday night, comments clearly aimed at Muslims.

During the rally, Le Pen pledged to suspend all visas from non-European migrants hoping to join their families in France — often code for immigrants from mainly Muslim North Africa and the Middle East.

After Thursday night’s attack in Paris, she again singled out what she sees as the threat posed by Islam.

“It is a war in which there can be no retreat because all our population and all our territory are exposed,” she said.

And for all her rebranding, Marine Le Pen can also fall back into the older, harsher style of messaging.

Cathy, a 50-year-old dental assistant who was shopping for groceries in Cogolin, said she was all set to vote FN but was taken aback by Le Pen’s recent comments that the French were not to blame for the anti-Jewish policies of the government during the Nazi occupation in World War II.

Referring to the “Vel d’Hiv” roundup of Jews by French police in July 1942, in which nearly 13,000 were detained and deported to concentration camps, Le Pen told French radio earlier this month she thought France was “not responsible.”

Cathy, who didn’t want to be identified by her second name, said Le Pen’s remarks had made her pause.

“Perhaps she has the same ideas as her father but they’re just hidden behind good PR skills,” she said. “So I’m still thinking.”

Others needed no time to reflect.

“The FN is xenophobic, racist and anti-feminist,” said retired teacher Mireille Escarrat. “For me it feels like the 1930s. We’re going backwards.”

‘I don’t talk politics here’

Many of the National Front supporters interviewed by NBC News were reluctant to admit it, and others were concerned about being named.

“I don’t talk politics here,” a local woman said, having led the way into a backroom of her business in the town. The 60-year-old asked not to be named or for her business to be described because she felt that admitting her loyalty to the FN would damage her reputation.

“I wouldn’t mind if it weren’t for my business,” she added, out of earshot of her customers. “But this is somewhere everyone can come whether you vote communist or for the right.”

Even in this town — where 53 percent of the population voted FN in 2014 — voting Le Pen still carries a social stigma. There’s no telling just how many closet female FN voters there may be.

The party’s marriage of socialist economic policy and right-wing identity politics is working in the town, which sits in the FN’s traditional southern heartland. With the decline of traditional industries and unemployment at 18 percent, locals worry Cogolin is being reduced to a seasonal economy dependent on rich resort communities.

Newly-converted women at the FN’s regional headquarters in neighboring Sainte-Maxime said Sunday’s election would be the first time they voted for the Front in a presidential race.

“We didn’t vote for Jean-Marie Le Pen because he scared us,” said Monique Guckert, 67, a retired shop assistant. “His ideas were too fascist, too racist. It was too much.”

Image: Mayor Marc Etienne Lansade sits at his desk
Cogolin’s mayor Marc Etienne Lansade sits at his desk.Saphora Smith / for NBC News

Even the FN mayor of Cogolin, Marc Etienne Lansade, admitted his mother would never have voted for Jean-Marie Le Pen.

“He drove her crazy,” he said. “Women understand Marine Le Pen, she’s divorced, she has three children, she works — she’s a modern woman,” he added, sitting in his second-floor office in the town hall.

Still, not all women appreciate Le Pen’s message. On Monday, a topless protester carrying flowers charged the candidate during a rally northern Paris.

Le Pen does not try to make out that she is a feminist. Of her 144 manifesto pledges, only one addresses women’s issues. In it, she promises to defend women’s rights by fighting against Islam, implementing a plan for equal pay and combating social and job insecurity.

“She’s a fake feminist,” said Camille Froidevaux-Metterie, a political scientist and expert on women in politics at the University of Reims.

Asked if a Le Pen win would be a victory for women, she said that though symbolically “it would not be nothing.” She said it would mean France is ready for a female president but would have elected one on a non-feminist agenda.

“It’s a sort of paradox,” she said.

http://www.nbcnews.com/news/world/french-elections-marine-le-pen-backed-quiet-army-women-n748136

French elections: New poll shows Macron’s lead over Le Pen is narrowing

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The Pronk Pops Show 865, March 31, 2017, Story 1: Conservative and Libertarian Talk Radio Could Turn On Trump For Attacking Freedom Caucus and Failure To Completely Repeal Obamacare By Law (Statute) Not Discretion of Secretary of Health and Human Services Dr. Thomas Price — Establishment Republican House Speaker Ryan’s Bad Faith, Bad Process, Bad Bill — Socialized Medicine Obamacare Lite vs. Good Faith, Good Process, Good Bill — Free Enterprise Market Capitalism Competitive Health Insurance Premiums and Deductibles Decreases! — Close The Deal Mr. President — Videos — Story 2: Obama Administration Spied On American Citizens Including Trump and Trump Team — Obama Scandal Far Worse Than Nixon’s Cover-up of Watergate Break-in — Legacy Fading Fast — Grand Jury Should Be Impaneled Now! — Videos

Posted on March 31, 2017. Filed under: American History, Applications, Blogroll, Breaking News, Business, Communications, Computers, Congress, Consitutional Law, Countries, Crime, Culture, Donald J. Trump, Donald Trump, Economics, Education, Empires, Employment, Federal Bureau of Investigation (FBI), Federal Government, Foreign Policy, Fourth Amendment, Freedom of Speech, Government, Government Dependency, Government Spending, Hardware, Health, Health Care, Health Care Insurance, High Crimes, History, House of Representatives, Human, Independence, Insurance, Investments, Language, Law, Life, Media, Medicare, Mike Pence, National Security Agency, News, Nixon, Obama, Philosophy, Photos, Politics, Polls, President Barack Obama, Progressives, Radio, Raymond Thomas Pronk, Regulation, Rule of Law, Scandals, Second Amendment, Security, Senate, Servers, Social Networking, Social Security, Software, Spying, Surveillance and Spying On American People, Terror, Terrorism, Unemployment, United States Constitution, United States of America, Welfare Spending | Tags: , , , , , , , , , , , , , , , , , |

 

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Story 1: Conservative and Libertarian Talk Radio Could Turn On Trump For Attacking Freedom Caucus and Failure To Completely Repeal Obamacare By Law (Statute) Not Discretion of Secretary of Health and Human Services Dr. Thomas Price — Establishment Republican House Speaker Ryan’s Bad Faith, Bad Process, Bad Bill — Socialized Medicine Obamacare Lite  vs. Good Faith, Good Process, Good Bill — Free Enterprise Market Capitalism Competitive Health Insurance Premiums and Deductibles Decreases! — Close The Deal Mr. President — Videos —

 

“Effective as of Dec. 31, 2017, the Patient Protection and Affordable Care Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted,”

 Image result for trump tweet freedom caususImage result for Trump on freedom caucus ring leaders

Image result for cartoons obama spyied on trump

Image result for obama spied on trump

Limbaugh on Trump’s Shots at Freedom Caucus: These Guys Are Not the Enemy — Dems Are the Enemy

Laura Ingraham: ‘Really Unhelpful’ to Trump’s Agenda for Him to Be Slamming House Freedom Caucus

Hannity 3⁄31⁄17 ¦ HANNITY Fox News March 31, 2017

Laura Ingraham: Trump’s Attacks on Freedom Caucus ‘Ridiculous’

Hannity: Freedom Caucus not to blame for health care failure

Newt Gingrich outlines why GOP health care bill failed

Freedom Caucus Jim Jordan: Ryan’s Legislation Doesn’t Lower Premiums For Americans!

Rep. Mo Brooks Files A Bill To Repeal Obamacare

Published on Mar 27, 2017

On the same day that the House of Representatives canceled its vote on Ryancare, Alabama Rep. Mo Brooks filed a simple one-line bill to repeal Obama’s signature health care law.
The Huntsville Republican titled the bill ‘Obamacare Repeal Act.” It is short and to the point, AI.com reported.
“Effective as of Dec. 31, 2017, the Patient Protection and Affordable Care Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted,” the bill reads.
Brooks, a member of the House Freedom Caucus, told constituents last week that he was a “no” vote on the Obamacare repeal/replace bill offered by Republican Speaker of the House Paul Ryan.
Also last week, in an interview with SiriusXM host Alex Marlow, Brooks called the Speaker’s bill “a horrible replacement bill.”

Rep. Brooks: We need a bill that repeals Obamacare

Rep. Mo Brooks: ‘Deceptive’ to call GOP’s plan a repeal of Obamacare

Donald Trump THREATENS The Freedom Caucus, said Rush Limbaugh

SEAN SPICER ON TRUMP’S ANTI FREEDOM CAUCUS TWEET

Rand Paul: 75 Percent Chance We Repeal Obamacare

Ep. 239: Trump Needs To Lead Not Oppose The Freedom Caucus

Employers Will Cut Wages and Workers to Pay for Obamacare Premiums

News Wrap: Trump takes aim at the Freedom Caucus

SMOKING GUN Devastating New Email Released, Look What Obama’s Caught Ordering His Spy Ring To Do

The House Freedom Caucus: What You Need To Know | TIME

Wh On Changes Of President Trump Working With House Freedom Caucus Again: It Depends – Cavuto

Mark Levin Interviews Freedom Caucus Chair Mark Meadows

Is The House Freedom Caucus Unwilling to take “Yes” For an Answer?

Freedom Caucus’s reasonable demand on Obamacare repeal

Poll: Just 17 percent of voters back ObamaCare repeal plan

 

Poll: Just 17 percent of voters back ObamaCare repeal plan

A majority of American voters oppose the Republicans’ plan to repeal and replace ObamaCare, while very few voters support it, a new poll finds.

A poll published Thursday by Quinnipiac University found that 56 percent of voters disapprove of the GOP healthcare plan, while just 17 percent support it.

Even among Republicans, only 41 percent support the American Health Care Act, while 24 percent oppose it. And 80 percent of Democrats and 58 percent of Independent voters disapprove of the plan.

Republicans are scrambling to shore up support for the repeal-and-replace bill ahead of an expected House vote later Thursday. President Trump is meeting with members of the conservative Freedom Caucus, who are seeking a number of changes to the bill in exchange for their support.But centrist Republicans are fleeing from the bill as it changes to fit the conservatives’ desires, complicating efforts to get the bill passed in the House.

The poll found that 46 percent of voters say they will be less likely to vote for their Congressional representative if they vote to approve the GOP health insurance plan.

The Quinnipiac University poll was conducted from March 16 to 21 and surveyed 1,056 voters. The margin of error is 3 percentage points.

http://thehill.com/policy/healthcare/325448-poll-majority-of-voters-disapprove-of-gop-obamacare-repeal-plan

 

Essential health benefits

From Wikipedia, the free encyclopedia

In the context of health care in the United States, essential health benefits (EHBs) are a set of benefits that certain health insurance plans are required to cover for patients.[1]

Essential health benefits must be offered by health plans in individual and small group markets, both inside and outside of the Health Insurance Marketplace.[2][3] Large-group health plans, self-insured ERISA plans, and ERISA-governed multiemployer welfare arrangements not subject to state insurance law are exempt from the EHB requirement.[4]

Essential health benefits

The ACA sets forth the following ten categories of essential health benefits,[5][6] at Section 1302(b)(1) of the Affordable Care Act, codified at 42 U.S.C. § 18022(b):[7]

  1. Ambulatory patient services. [outpatient care]
  2. Emergency services.
  3. Hospitalization. [inpatient care]
  4. Maternity and newborn care
  5. Mental health and substance use disorder services, including behavioral health treatment.
  6. Prescription drugs.
  7. Rehabilitative and habilitative services and devices.
  8. Laboratory services
  9. Preventive and wellness services and chronic disease management;
  10. Pediatric services, including oral and vision care.

The essential health benefits are a minimum standard: “Qualified health plans are not barred from offering additional benefits, and states may require that qualified health plans sold in state health insurance exchanges also cover state-mandated benefits.”[8]

The ACA’s list of essential health benefits is defined in terms of ten broad classes.[9] The act gives “considerable discretion” to the Secretary of Health and Human Services to determine, through regulation, what specific services within these classes are essential. However, the Act provides certain parameters for the secretary to consider. The secretary (1) must “ensure that such essential health benefits reflect an appropriate balance among the categories … so that benefits are not unduly weighted toward any category”; (2) may “not make coverage decisions, determine reimbursement rates, establish incentive programs, or design benefits in ways that discriminate against individuals because of their age, disability, or expected length of life”; (3) must take into account “the health care needs of diverse segments of the population, including women, children, persons with disabilities, and other groups”; and (4) must ensure that essential benefits “not be subject to denial to individuals against their wishes on the basis of the individuals’ age or expected length of life or the individuals’ present or predicted disability, degree of medical dependency, or quality of life.”[10]

According to a Commonwealth Fund report in 2011:

As it stands, federal regulations for 2014 and 2015 do not establish a single, nationally uniform package of health services. Instead, the U.S. Department of Health and Human Services (HHS) gave states discretion to determine the specific benefits they deem essential. This approach was well-received by many state officials, who valued the opportunity to tailor benefit standards to reflect state priorities, and by insurers, who retained more control over benefit design. Groups representing consumers and providers were less supportive, however, expressing concern that the degree of flexibility found in the rules undermines the law’s promise of consistent, meaningful coverage.[11]

History

Coverage of essential health benefits was first required by the Patient Protection and Affordable Care Act (PPACA or ACA) of 2010, which was a major piece of health care reform legislation.[1] The EHB provisions of the ACA was an amendment to the Public Health Service Act.[12]

Dr. Shana Alex Lavarreda, the director of health insurance studies for the UCLA Center for Health Policy Research, explains that before the ACA’s passage, U.S. health insurance sector experienced “a race to the bottom, with insurers cutting benefits to lower premiums.”[1] The establishment of essential health benefits “set a standard for insurance. Anything below that is not true health insurance.”[1] The EHB requirement came into effect on January 1, 2014.[1]

Revision and repeal of essential health benefits coverage was proposed in the Republican part American Health Care Act of 2017.[13] House Freedom Caucus members lobbied during legislation discussion with House Speaker Paul Ryan to remove EHBs as a condition for approval of the AHCA bill.[14]

Comparison with minimum essential coverage

Essential health benefits should not be confused with minimum essential coverage (MEC). MEC is the minimum amount of coverage that an individual must carry to meet the individual health insurance mandate, while EHBs are a set of benefits that qualified health plans (QHPs) must offer.[15] MEC is a low threshold; many forms of coverage that do not provide essential health benefits are nevertheless considered minimum essential coverage.[15]

Notes

  1. ^ Jump up to:a b c d e Frank Lalli, The Health Care Law’s 10 Essential Benefits: The Affordable Care Act ensures you’ll have access to these medical and wellness services, AARP The Magazine (August/September 2013).
  2. Jump up^ Essential Health Benefits, HealthCare.gov (accessed November 12, 2015).
  3. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 2.
  4. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 3.
  5. Jump up^ 10 health care benefits covered in the Health Insurance Marketplace, HealthCare.gov (accessed November 12, 2015).
  6. Jump up^ Alexandra Ernst, 10 Essential Health Benefits Insurance Plans Must Cover Starting in 2014, FamiliesUSA (March 28, 2013).
  7. Jump up^ 42 U.S. Code § 18022 – Essential health benefits requirements
  8. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 3.
  9. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 3.
  10. Jump up^ Rosenbaum, Teitelbaum & Hayes, pp. 3-4
  11. Jump up^ Giovannelli, Lucia & Corlette, p. 2.
  12. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 2.
  13. Jump up^ “Republicans may gut an overlooked provision of Obamacare — and disrupt health insurance”. Business Insider. Retrieved 2017-03-26.
  14. Jump up^ Luhby, Tami. “Essential Health Benefits and why they matter”. CNN. Retrieved 2017-03-26.
  15. ^ Jump up to:a b Susan Grassli & Lisa Klinger, Understanding the Difference between Minimum Essential Coverage, Essential Health Benefits, Minimum Value, and Actuarial Value, Leavitt Group (January 27, 2014).

Sources

External links

Patient Protection and Affordable Care Act

From Wikipedia, the free encyclopedia
Patient Protection and Affordable Care Act
Great Seal of the United States
Long title The Patient Protection and Affordable Care Act
Acronyms(colloquial) PPACA, ACA
Nicknames Affordable Care Act, Health Insurance Reform, Healthcare Reform, Obamacare
Enacted by the 111th United States Congress
Effective March 23, 2010; 7 years ago
Most major provisions phased in by January 2014; remaining provisions phased in by 2020
Citations
Public law 111–148
Statutes at Large 124 Stat.119through 124 Stat.1025(906 pages)
Legislative history
  • Introduced in the Houseasthe “Service Members Home Ownership Tax Act of 2009” (H.R. 3590) byCharles Rangel (DNY) on September 17, 2009
  • Committee consideration byWays and Means
  • Passed the House on October 8, 2009 (416–0)
  • Passed the Senate as the “Patient Protection and Affordable Care Act” on December 24, 2009 (60–39) with amendment
  • House agreed to Senate amendment on March 21, 2010 (219–212)
  • Signed into law by PresidentBarack Obamaon March 23, 2010
Major amendments
Health Care and Education Reconciliation Act of 2010
Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011
United States Supreme Court cases
National Federation of Independent Business v. Sebelius
Burwell v. Hobby Lobby
King v. Burwell

The Patient Protection and Affordable Care Act, often shortened to the Affordable Care Act (ACA) and nicknamed Obamacare, is a United States federal statute enacted by the 111th United States Congress and signed into law by PresidentBarack Obama on March 23, 2010. Under the act, hospitals and primary physicians would transform their practices financially, technologically, and clinically to drive better health outcomes, lower costs, and improve their methods of distribution and accessibility.

The Affordable Care Act was designed to increase health insurance quality and affordability, lower the uninsured rate by expanding insurance coverage and reduce the costs of healthcare. It introduced mechanisms including mandates, subsidies and insurance exchanges.[1][2] The law requires insurers to accept all applicants, cover a specific list of conditions and charge the same rates regardless of pre-existing conditions or sex.[3]

The ACA has caused a significant reduction in the number and percentage of people without health insurance, with estimates ranging from 20-24 million additional persons covered during 2016.[4][5] Increases in overall healthcare spending have slowed since the law was implemented, including premiums for employer-based insurance plans.[6] The Congressional Budget Office reported in several studies that the ACA would reduce the budget deficit, and that repealing it would increase the deficit.[7][8]

As implementation began, first opponents, then others, and finally the president himself adopted the term “Obamacare” to refer to the ACA.[9]

The law and its implementation faced challenges in Congress and federal courts, and from some state governments, conservativeadvocacy groups, labor unions, and small business organizations. The United States Supreme Court upheld the constitutionality of the ACA’s individual mandate as an exercise of Congress’s taxing power,[10]found that states cannot be forced to participate in the ACA’s Medicaid expansion,[11][12][13] and found that the law’s subsidies to help individuals pay for health insurance are available in all states, not just in those that have set up state exchanges.[14]

Together with the Health Care and Education Reconciliation Act amendment, it represents the U.S. healthcare system‘s most significant regulatory overhaul and expansion of coverage since the passage of Medicare and Medicaid in 1965.[15][16][17][18]

Contents

 [show] 

Provisions

The President and White House Staff react to the House of Representatives passing the bill on March 21, 2010.

The ACA includes provisions to take effect between 2010 and 2020, although most took effect on January 1, 2014. Few areas of the US health care system were left untouched, making it the most sweeping health care reform since the enactment of Medicare and Medicaid in 1965.[15][16][17][19][18] However, some areas were more affected than others. The individual insurance market was radically overhauled, and many of the law’s regulations applied specifically to this market,[15] while the structure of Medicare, Medicaid, and the employer marketwere largely retained.[16] Most of the coverage gains were made through the expansion of Medicaid,[20] and the biggest cost savings were made in Medicare.[16] Some regulations applied to the employer market, and the law also made delivery system changes that affected most of the health care system.[16] Not all provisions took full effect. Some were made discretionary, some were deferred, and others were repealed before implementation.

Individual insurance

Guaranteed issue prohibits insurers from denying coverage to individuals due to pre-existing conditions. States were required to ensure the availability of insurance for individual children who did not have coverage via their families.

States were required to expand Medicaid eligibility to include individuals and families with incomes up to 133% of the federal poverty level, including adults without disabilities or dependent children.[21] The law provides a 5% “income disregard”, making the effective income eligibility limit for Medicaid 138% of the poverty level.[22]

The State Children’s Health Insurance Program (CHIP) enrollment process was simplified.[21]

Dependents were permitted to remain on their parents’ insurance plan until their 26th birthday, including dependents that no longer live with their parents, are not a dependent on a parent’s tax return, are no longer a student, or are married.[23][24]

Among the groups who remained uninsured were:

  • Illegal immigrants, estimated at around 8 million—or roughly a third of the 23 million projection—are ineligible for insurance subsidies and Medicaid.[25][26] They remain eligible for emergency services.
  • Eligible citizens not enrolled in Medicaid.[27]
  • Citizens who pay the annual penalty instead of purchasing insurance, mostly younger and single.[27]
  • Citizens whose insurance coverage would cost more than 8% of household income and are exempt from the penalty.[27]
  • Citizens who live in states that opt out of the Medicaid expansion and who qualify for neither existing Medicaid coverage nor subsidized coverage through the states’ new insurance exchanges.[28]

Subsidies

Households with incomes between 100% and 400% of the federal poverty level were eligible to receive federal subsidies for policies purchased via an exchange.[29][30] Subsidies are provided as an advanceable, refundable tax credit[31][32] Additionally, small businesses are eligible for a tax credit provided that they enroll in the SHOP Marketplace.[33] Under the law, workers whose employers offer affordable coverage will not be eligible for subsidies via the exchanges. To be eligible the cost of employer-based health insurance must exceed 9.5% of the worker’s household income.

Subsidies (2014) for Family of 4[34][35][36][37][38]
Income % of federal poverty level Premium Cap as a Share of Income Incomea Max Annual Out-of-Pocket Premium Premium Savingsb Additional Cost-Sharing Subsidy
133% 3% of income $31,900 $992 $10,345 $5,040
150% 4% of income $33,075 $1,323 $9,918 $5,040
200% 6.3% of income $44,100 $2,778 $8,366 $4,000
250% 8.05% of income $55,125 $4,438 $6,597 $1,930
300% 9.5% of income $66,150 $6,284 $4,628 $1,480
350% 9.5% of income $77,175 $7,332 $3,512 $1,480
400% 9.5% of income $88,200 $8,379 $2,395 $1,480
a.^ Note: In 2014, the FPL was $11,800 for a single person and $24,000 for family of four.[39][40] See Subsidy Calculator for specific dollar amount.[41] b.^ DHHS and CBO estimate the average annual premium cost in 2014 would have been $11,328 for a family of 4 without the reform.[36]

Premiums were the same for everyone of a given age, regardless of preexisting conditions. Premiums were allowed to vary by enrollee age, but those for the oldest enrollees (age 45-64 average expenses $5,542) could only be three times as large as those for adults (18-24 $1,836).[42]

Mandates

Individual

The individual mandate[43] is the requirement to buy insurance or pay a penalty for everyone not covered by an employer sponsored health plan, Medicaid, Medicare or other public insurance programs (such as Tricare). Also exempt were those facing a financial hardship or who were members in a recognized religious sect exempted by the Internal Revenue Service.[44]

The mandate and the limits on open enrollment[45][46] were designed to avoid the insurance death spiral in which healthy people delay insuring themselves until they get sick. In such a situation, insurers would have to raise their premiums to cover the relatively sicker and thus more expensive policies,[43][47][48] which could create a vicious cycle in which more and more people drop their coverage.[49]

The purpose of the mandate was to prevent the healthcare system from succumbing to adverse selection, which would result in high premiums for the insured and little coverage (and thus more illness and medical bankruptcy) for the uninsured.[47][50][51] Studies by the CBO, Gruber and Rand Health concluded that a mandate was required.[52][53][54] The mandate increased the size and diversity of the insured population, including more young and healthy participants to broaden the risk pool, spreading costs.[55] Experience in New Jersey and Massachusetts offered divergent outcomes.[50][53][56]

Business

Businesses that employ 50 or more people but do not offer health insurance to their full-time employees pay a tax penalty if the government has subsidized a full-time employee’s healthcare through tax deductions or other means. This is commonly known as the employer mandate.[57][58] This provision was included to encourage employers to continue providing insurance once the exchanges began operating.[59] Approximately 44% of the population was covered directly or indirectly through an employer.[60][61]

Excise taxes

Excise taxes for the Affordable Care Act raised $16.3 billion in fiscal year 2015 (17% of all excise taxes collected by the Federal Government). $11.3 billion was an excise tax placed directly on health insurers based on their market share. The ACA was going to impose a 40% “Cadillac tax” on expensive employer sponsored health insurance but that was postponed until 2018. Annual excise taxes totaling $3 billion were levied on importers and manufacturers of prescription drugs. An excise tax of 2.3% on medical devices and a 10% excise tax on indoor tanning services were applied as well.[62]

Insurance standards

Essential health benefits

The National Academy of Medicine defined the law’s “essential health benefits” as “ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance use disorder services, including behavioral health treatment; prescription drugs; rehabilitative and habilitative services and devices; laboratory services; preventive and wellness services and chronic disease management; and pediatric services, including oral and vision care”[63][64][65][66][67][68][69] and others[70] rated Level A or B by the U.S. Preventive Services Task Force.[71] In determining what would qualify as an essential benefit, the law required that standard benefits should offer at least that of a “typical employer plan”.[68] States may require additional services.[72]

Contraceptives

One provision in the law mandates that health insurance cover “additional preventive care and screenings” for women.[73] The guidelines mandate “[a]ll Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity”.[74] This mandate applies to all employers and educational institutions except for religious organizations.[75][76] These regulations were included on the recommendations of the Institute of Medicine.[77][78]

Risk management

ACA provided three ways to control risk for insurers in the individual and business markets: temporary reinsurance, temporary risk corridors, and permanent risk adjustment.

Risk corridor program

The risk-corridor program was a temporary risk management device defined under the PPACA section 1342[79]:1 to encourage reluctant insurers into the “new and untested” ACA insurance market during the first three years that ACA was implemented (2014-2016). For those years the Department of Health and Human Services (HHS) “would cover some of the losses for insurers whose plans performed worse than they expected. Insurers that were especially profitable, for their part, would have to return to HHS some of the money they earned on the exchanges”[80][81] According to an article in Forbes, risk corridors “had been a successful part of the Medicare prescription drug benefit, and the ACA’s risk corridors were modeled after Medicare’s Plan D.”[82] They operated on the principle that “more participation would mean more competition, which would drive down premiums and make health insurance more affordable” and “[w]hen insurers signed up to sell health plans on the exchanges, they did so with the expectation that the risk-corridor program would limit their downside losses.”[80] The risk corridors succeeded in attracting ACA insurers. The program did not pay for itself as planned with “accumulated losses” up to $8.3 billion for 2014 and 2015 alone. Authorization had to be given so that HHS could pay insurers from “general government revenues”. Congressional Republicans “railed against” the program as a ‘bailout’ for insurers. Then-Rep. Jack Kingston (R-Ga.), on the Appropriations Committee that funds the Department of Health and Human Services and the Labor Department “[slipped] in a sentence” — Section 227 — in the “massive” appropriationsConsolidated Appropriations Act, 2014 (H.R. 3547) that said that no funds in the discretionary spending bill “could be used for risk-corridor payments.” This effectively “blocked the administration from obtaining the necessary funds from other programs”[83] and placed Congress in a potential breach of contract with insurers who offered qualified health plans, under the Tucker Act[79] as it did not pay the insurers.[84][84] On February 10, 2017, in the Moda Health v the US Government, Moda, one of the insurers that struggled financially because of the elimination of the risk corridor program, won a “$214-million judgment against the federal government”. Justice Thomas C. Wheeler stated, “the Government “made a promise in the risk corridors program that it has yet to fulfill. Today, the court directs the Government to fulfill that promise. After all, ‘to say to [Moda], ‘The joke is on you. You shouldn’t have trusted us,’ is hardly worthy of our great government.”[85]

Temporary reinsurance

Temporary reinsurance for insurance for insurers against unexpectedly high claims was a program that ran from 2014 through 2016. It was intended to limit insurer losses.[citation needed]

Risk adjustment

Of the three risk management programs, only risk adjustment was permanent. Risk adjustment attempts to spread risk among insurers to prevent purchasers with good knowledge of their medical needs from using insurance to cover their costs (adverse selection). Plans with low actuarial risk compensate plans with high actuarial risk.[citation needed]

Other provisions

In 2012 Senator Sheldon Whitehouse created this summary to explain his view on the act.

The ACA has several other provisions:

  • Annual and lifetime coverage caps on essential benefits were banned.[86][87]
  • Prohibits insurers from dropping policyholders when they get sick.[88]
  • All health policies sold in the United States must provide an annual maximum out of pocket (MOOP) payment cap for an individual’s or family’s medical expenses (excluding premiums). After the MOOP payment cap is reached, all remaining costs must be paid by the insurer.[89]
  • A partial community rating requires insurers to offer the same premium to all applicants of the same age and location without regard to gender or most pre-existing conditions (excluding tobacco use).[90][91][92] Premiums for older applicants can be no more than three times those for the youngest.[93]
  • Preventive care, vaccinations and medical screenings cannot be subject to co-payments, co-insurance or deductibles.[94][95][96] Specific examples of covered services include: mammograms and colonoscopies, wellness visits, gestational diabetes screening, HPV testing, STI counseling, HIV screening and counseling, contraceptive methods, breastfeeding support/supplies and domestic violence screening and counseling.[97]
  • The law established four tiers of coverage: bronze, silver, gold and platinum. All categories offer the essential health benefits. The categories vary in their division of premiums and out-of-pocket costs: bronze plans have the lowest monthly premiums and highest out-of-pocket costs, while platinum plans are the reverse.[68][98] The percentages of health care costs that plans are expected to cover through premiums (as opposed to out-of-pocket costs) are, on average: 60% (bronze), 70% (silver), 80% (gold), and 90% (platinum).[99]
  • Insurers are required to implement an appeals process for coverage determination and claims on all new plans.[88]
  • Insurers must spend at least 80–85% of premium dollars on health costs; rebates must be issued to policyholders if this is violated.[100][101]

Exchanges

Established the creation of health insurance exchanges in all fifty states. The exchanges are regulated, largely online marketplaces, administered by either federal or state government, where individuals and small business can purchase private insurance plans.[102][103][104]

Setting up an exchange gives a state partial discretion on standards and prices of insurance.[105][106] For example, states approve plans for sale, and influence (through limits on and negotiations with private insurers) the prices on offer. They can impose higher or state-specific coverage requirements—including whether plans offered in the state can cover abortion.[107] States without an exchange do not have that discretion. The responsibility for operating their exchanges moves to the federal government.[105]

State waivers

From 2017 onwards, states can apply for a “waiver for state innovation” that allows them to conduct experiments that meet certain criteria.[108] To obtain a waiver, a state must pass legislation setting up an alternative health system that provides insurance at least as comprehensive and as affordable as ACA, covers at least as many residents and does not increase the federal deficit.[109] Such states can exempt states from some of ACA’s central requirements, including the individual and employer mandates and the provision of an insurance exchange.[110] The state would receive compensation equal to the aggregate amount of any federal subsidies and tax credits for which its residents and employers would have been eligible under ACA plan, if they cannot be paid out due to the structure of the state plan.[108]

In May 2011, Vermont enacted Green Mountain Care, a state-based single-payer system for which they intended to pursue a waiver to implement.[111][112][113] In December 2014, Vermont decided not to continue due to high expected costs.[114]

Accountable Care Organizations

The Act allowed the creation of Accountable Care Organizations (ACOs), which are groups of doctors, hospitals and other providers that commit to give coordinated, high quality care to Medicare patients. ACOs were allowed to continue using a fee for service billing approach. They receive bonus payments from the government for minimizing costs while achieving quality benchmarks that emphasize prevention and mitigating chronic disease. If they fail to do so, they are subject to penalties.[115]

Unlike Health Maintenance Organizations, ACO patients are not required to obtain all care from the ACO. Also, unlike HMOs, ACOs must achieve quality of care goals.[115]

Others

Legislative history

President Obama signing the Patient Protection and Affordable Care Act on March 23, 2010

Background

An individual mandate coupled with subsidies for private insurance as a means for universal healthcare was considered the best way to win the support of the Senate because it had been included in prior bipartisan reform proposals. The concept goes back to at least 1989, when the conservativeHeritage Foundation proposed an individual mandate as an alternative to single-payer health care.[125] It was championed for a time by conservative economists and Republican senators as a market-based approach to healthcare reform on the basis of individual responsibility and avoidance of free rider problems. Specifically, because the 1986 Emergency Medical Treatment and Active Labor Act (EMTALA) requires any hospital participating in Medicare (nearly all do) to provide emergency care to anyone who needs it, the government often indirectly bore the cost of those without the ability to pay.[126][127][128]

President Bill Clintonproposed a healthcare reform bill in 1993 that included a mandate for employers to provide health insurance to all employees through a regulated marketplace of health maintenance organizations. Republican Senators proposed an alternative that would have required individuals, but not employers, to buy insurance.[127]Ultimately the Clinton plan failed amid an unprecedented barrage of negative advertising funded by politically conservative groups and the health insurance industry and due to concerns that it was overly complex.[129] Clinton negotiated a compromise with the 105th Congress to instead enact the State Children’s Health Insurance Program (SCHIP) in 1997.[130]

John Chafee

The 1993 Republican alternative, introduced by Senator John Chafee as the Health Equity and Access Reform Today Act, contained a “universal coverage” requirement with a penalty for noncompliance—an individual mandate—as well as subsidies to be used in state-based ‘purchasing groups’.[131] Advocates for the 1993 bill included prominent Republicans such as Senators Orrin Hatch, Chuck Grassley, Bob Bennett and Kit Bond.[132][133] Of 1993’s 43 Republican Senators, 20 supported the HEART Act.[125][134] Another Republican proposal, introduced in 1994 by Senator Don Nickles (R-OK), the Consumer Choice Health Security Act, contained an individual mandate with a penalty provision;[135] however, Nickles subsequently removed the mandate from the bill, stating he had decided “that government should not compel people to buy health insurance”.[136] At the time of these proposals, Republicans did not raise constitutional issues with the mandate; Mark Pauly, who helped develop a proposal that included an individual mandate for George H. W. Bush, remarked, “I don’t remember that being raised at all. The way it was viewed by the Congressional Budget Office in 1994 was, effectively, as a tax.”[125]

Mitt Romney’s Massachusetts went from 90% of its residents insured to 98%, the highest rate in the nation.[137]

In 2006, an insurance expansion bill was enacted at the state level in Massachusetts. The bill contained both an individual mandate and an insurance exchange. Republican Governor Mitt Romney vetoed the mandate, but after Democrats overrode his veto, he signed it into law.[138] Romney’s implementation of the ‘Health Connector’ exchange and individual mandate in Massachusetts was at first lauded by Republicans. During Romney’s 2008 presidential campaign, Senator Jim DeMint praised Romney’s ability to “take some good conservative ideas, like private health insurance, and apply them to the need to have everyone insured”. Romney said of the individual mandate: “I’m proud of what we’ve done. If Massachusetts succeeds in implementing it, then that will be the model for the nation.”[139]

In 2007, a year after the Massachusetts reform, Republican Senator Bob Bennett and Democratic Senator Ron Wyden introduced the Healthy Americans Act, which featured an individual mandate and state-based, regulated insurance markets called “State Health Help Agencies”.[128][139] The bill initially attracted bipartisan support, but died in committee. Many of the sponsors and co-sponsors remained in Congress during the 2008 healthcare debate.[140]

By 2008 many Democrats were considering this approach as the basis for healthcare reform. Experts said that the legislation that eventually emerged from Congress in 2009 and 2010 bore similarities to the 2007 bill[131] and that it was deliberately patterned after Romney’s state healthcare plan.[141]

Healthcare debate, 2008–10

Healthcare reform was a major topic during the 2008 Democratic presidential primaries. As the race narrowed, attention focused on the plans presented by the two leading candidates, Hillary Clinton and the eventual nominee, Barack Obama. Each candidate proposed a plan to cover the approximately 45 million Americans estimated to not have health insurance at some point each year. Clinton’s proposal would have required all Americans to obtain coverage (in effect, an individual mandate), while Obama’s proposal provided a subsidy but rejected the use of an individual mandate.[142][143]

During the general election, Obama said that fixing healthcare would be one of his top four priorities as president.[144] Obama and his opponent, Sen. John McCain, proposed health insurance reforms though they differed greatly. Senator John McCain proposed tax credits for health insurance purchased in the individual market, which was estimated to reduce the number of uninsured people by about 2 million by 2018. Obama proposed private and public group insurance, income-based subsidies, consumer protections, and expansions of Medicaid and SCHIP, which was estimated at the time to reduce the number of uninsured people by 33.9 million by 2018.[145]

President Obama addressing Congress regarding healthcare reform, September 9, 2009

After his inauguration, Obama announced to a joint session of Congress in February 2009 his intent to work with Congress to construct a plan for healthcare reform.[146][147] By July, a series of bills were approved by committees within the House of Representatives.[148] On the Senate side, from June to September, the Senate Finance Committee held a series of 31 meetings to develop a healthcare reform bill. This group — in particular, Democrats Max Baucus, Jeff Bingaman and Kent Conrad, along with Republicans Mike Enzi, Chuck Grassley and Olympia Snowe — met for more than 60 hours, and the principles that they discussed, in conjunction with the other committees, became the foundation of the Senate healthcare reform bill.[149][150][151]

Congressional Democrats and health policy experts like MIT economics professor Jonathan Gruber[152] and David Cutler argued that guaranteed issue would require both community rating and an individual mandate to ensure that adverse selection and/or “free riding” would not result in an insurance “death spiral”.[153] This approach was taken because the president and congressional leaders had concluded that more progressive plans, such as the (single-payer)Medicare for All act, could not obtain filibuster-proof support in the Senate. By deliberately drawing on bipartisan ideas — the same basic outline was supported by former Senate majority leaders Howard Baker, Bob Dole, Tom Daschle and George J. Mitchell—the bill’s drafters hoped to garner the votes necessary for passage.[154][155]

However, following the adoption of an individual mandate, Republicans came to oppose the mandate and threatened to filibuster any bills that contained it.[125] Senate minority leader Mitch McConnell, who led the Republican congressional strategy in responding to the bill, calculated that Republicans should not support the bill, and worked to prevent defections:[156]

It was absolutely critical that everybody be together because if the proponents of the bill were able to say it was bipartisan, it tended to convey to the public that this is O.K., they must have figured it out.[157]

Republican Senators, including those who had supported previous bills with a similar mandate, began to describe the mandate as “unconstitutional”. Journalist Ezra Klein wrote in The New Yorker that “a policy that once enjoyed broad support within the Republican Party suddenly faced unified opposition.”[128] Reporter Michael Cooper of The New York Times wrote that: “the provision … requiring all Americans to buy health insurance has its roots in conservative thinking.”[127][134]

Tea Party protesters at the Taxpayer March on Washington, September 12, 2009

The reform negotiations also attracted attention from lobbyists,[158] including deals between certain lobby groups and the advocates of the law to win the support of groups that had opposed past reforms, as in 1993.[159][160] The Sunlight Foundation documented many of the reported ties between “the healthcare lobbyist complex” and politicians in both parties.[161]

During the August 2009 summer congressional recess, many members went back to their districts and held town hall meetings on the proposals. The nascent Tea Party movement organized protests and many conservative groups and individuals attended the meetings to oppose the proposed reforms.[147] Many threats were made against members of Congress over the course of the debate.[162][163]

When Congress returned from recess, in September 2009 President Obama delivered a speech to a joint session of Congress supporting the ongoing Congressional negotiations.[164] He acknowledged the polarization of the debate, and quoted a letter from the late Senator Edward “Ted” Kennedy urging on reform: “what we face is above all a moral issue; that at stake are not just the details of policy, but fundamental principles of social justice and the character of our country.”[165] On November 7, the House of Representatives passed the Affordable Health Care for America Act on a 220–215 vote and forwarded it to the Senate for passage.[147]

Senate

The Senate began work on its own proposals while the House was still working. The United States Constitution requires all revenue-related bills to originate in the House.[166] To formally comply with this requirement, the Senate used H.R. 3590, a bill regarding housing tax changes for service members.[167] It had been passed by the House as a revenue-related modification to the Internal Revenue Code. The bill became the Senate’s vehicle for its healthcare reform proposal, discarding the bill’s original content.[168] The bill ultimately incorporated elements of proposals that were reported favorably by the Senate Health and Finance committees. With the Republican Senate minority vowing to filibuster, 60 votes would be necessary to pass the Senate.[169] At the start of the 111th Congress, Democrats had only 58 votes; the Senate seat in Minnesota ultimately won by Al Franken was still undergoing a recount, while Arlen Specter was still a Republican (he became a Democrat in April, 2009).

Negotiations were undertaken attempting to satisfy moderate Democrats and to bring Republican senators aboard; particular attention was given to Republicans Bennett, Enzi, Grassley and Snowe. On July 7 Franken was sworn into office, providing a potential 60th vote. On August 25 Ted Kennedy—a longtime healthcare reform advocate—died. Paul Kirk was appointed as Senator Kennedy’s temporary replacement on September 24.

After the Finance Committee vote on October 15, negotiations turned to moderate Democrats. Majority leader Harry Reid focused on satisfying centrists. The holdouts came down to Joe Lieberman of Connecticut, an independent who caucused with Democrats, and conservative Nebraska Democrat Ben Nelson. Lieberman’s demand that the bill not include a public option[153][170] was met,[171] although supporters won various concessions, including allowing state-based public options such as Vermont’s Green Mountain Care.[171][172]

Senate vote by state.

  Democratic yes (58)
  Independent yes (2)
  Republican no (39)
 Republican not voting (1)

The White House and Reid addressed Nelson’s concerns[173] during a 13-hour negotiation with two concessions: a compromise on abortion, modifying the language of the bill “to give states the right to prohibit coverage of abortion within their own insurance exchanges”, which would require consumers to pay for the procedure out of pocket if the state so decided; and an amendment to offer a higher rate of Medicaid reimbursement for Nebraska.[147][174] The latter half of the compromise was derisively termed the “Cornhusker Kickback”[175] and was repealed in the subsequent reconciliation amendment bill.

On December 23, the Senate voted 60–39 to end debate on the bill: a cloture vote to end the filibuster. The bill then passed, also 60–39, on December 24, 2009, with all Democrats and two independents voting for it, and all Republicans against (except Jim Bunning, who did not vote).[176] The bill was endorsed by the AMA and AARP.[177]

On January 19, 2010, Massachusetts Republican Scott Brown was elected to the Senate in a special election to replace Kennedy, having campaigned on giving the Republican minority the 41st vote needed to sustain Republican filibusters.[147][178][179] His victory had become significant because of its effects on the legislative process. The first was psychological: the symbolic importance of losing Kennedy’s traditionally Democratic Massachusetts seat made many Congressional Democrats concerned about the political cost of passing a bill.[180][181]

House

House vote by congressional district.

  Democratic yes (219)
  Democratic no (34)
  Republican no (178)
  No representative seated (4)

Brown’s election meant Democrats could no longer break a filibuster in the Senate. In response, White House Chief of StaffRahm Emanuel argued that Democrats should scale back to a less ambitious bill; House SpeakerNancy Pelosi pushed back, dismissing Emanuel’s scaled-down approach as “Kiddie Care”.[182][183]

Obama remained insistent on comprehensive reform. The news that Anthem Blue Cross in California intended to raise premium rates for its patients by as much as 39% gave him new evidence of the need for reform.[182][183] On February 22, he laid out a “Senate-leaning” proposal to consolidate the bills.[184] He held a meeting with both parties’ leaders on February 25. The Democrats decided that the House would pass the Senate’s bill, to avoid another Senate vote.

House Democrats had expected to be able to negotiate changes in a House-Senate conference before passing a final bill. Since any bill that emerged from conference that differed from the Senate bill would have to pass the Senate over another Republican filibuster, most House Democrats agreed to pass the Senate bill on condition that it be amended by a subsequent bill.[181] They drafted the Health Care and Education Reconciliation Act, which could be passed by the reconciliation process.[182][185][186]

As per the Congressional Budget Act of 1974, reconciliation cannot be subject to a filibuster. But reconciliation is limited to budget changes, which is why the procedure was not used to pass ACA in the first place; the bill had inherently non-budgetary regulations.[187][188] Although the already-passed Senate bill could not have been passed by reconciliation, most of House Democrats’ demands were budgetary: “these changes—higher subsidy levels, different kinds of taxes to pay for them, nixing the Nebraska Medicaid deal—mainly involve taxes and spending. In other words, they’re exactly the kinds of policies that are well-suited for reconciliation.”[185]

The remaining obstacle was a pivotal group of pro-life Democrats led by Bart Stupak who were initially reluctant to support the bill. The group found the possibility of federal funding for abortion significant enough to warrant opposition. The Senate bill had not included language that satisfied their concerns, but they could not address abortion in the reconciliation bill as it would be non-budgetary. Instead, Obama issued Executive Order 13535, reaffirming the principles in the Hyde Amendment.[189] This won the support of Stupak and members of his group and assured the bill’s passage.[186][190] The House passed the Senate bill with a 219–212 vote on March 21, 2010, with 34 Democrats and all 178 Republicans voting against it.[191] The next day, Republicans introduced legislation to repeal the bill.[192] Obama signed ACA into law on March 23, 2010.[193] Since passage, Republicans have voted to repeal all or parts of the Affordable Care Act over sixty times; no such attempt by Republicans has been successful.[194] The amendment bill, The Health Care and Education Reconciliation Act, cleared the House on March 21; the Senate passed it by reconciliation on March 25, and Obama signed it on March 30.

Impact

Coverage rate, employer market cost trends, budgetary impact, and income inequality aspects of the Affordable Care Act.

This chart illustrates several aspects of the Affordable Care Act, including number of persons covered, cost before and after subsidies, and public opinion.

Coverage

The law has caused a significant reduction in the number and percentage of people without health insurance. The CDC reported that the percentage of people without health insurance fell from 16.0% in 2010 to 8.9% during the January–June 2016 period.[195] From Q4-2013 to Q1-2016, a Gallup survey found that the uninsured rate among adults declined from 17.1% to 11.0%, a decline of 6.1 percentage points.[196] In a 2016 review, Obama presented data showing that the uninsured rate had declined by 43%, from 16.0% in 2010 to 9.1% in 2015, mostly in 2014.[197] The uninsured rate dropped in every congressional district in the U.S. between 2013 and 2015.[198]

In March 2016, the CBO reported that there were approximately 27 million people without insurance in 2016, a figure they expected would range from 26-28 million through 2026. CBO also estimated the percentage of insured among all U.S. residents would remain at 90% through that period, 92-93% excluding unauthorized immigrants.[4]

Those states that expanded Medicaid had a 7.3% uninsured rate on average in the first quarter of 2016, while those that did not expand Medicaid had a 14.1% uninsured rate, among adults aged 18 to 64.[199] As of December 2016 there were 32 states (including Washington DC) that had adopted the Medicaid extension, while 19 states had not.[200]

The Congressional Budget Office reported in March 2016 that there were approximately 12 million people covered by the exchanges (10 million of whom received subsidies to help pay for insurance) and 11 million made eligible for Medicaid by the law, a subtotal of 23 million people. An additional 1 million were covered by the ACA’s “Basic Health Program,” for a total of 24 million.[4] CBO also estimated that the ACA would reduce the net number of uninsured by 22 million in 2016, using a slightly different computation for the above figures totaling ACA coverage of 26 million, less 4 million for reductions in “employment-based coverage” and “non-group and other coverage.”[4] The Department of Health and Human Services (HHS) estimated that 20.0 million adults (aged 18–64) gained healthcare coverage via ACA as of February 2016, a 2.4 million increase over September 2015. HHS estimated that this 20.0 million included: a) 17.7 million from the start of open enrollment in 2013-2016; and b) 2.3 million young adults aged 19–25 who initially gained insurance from 2010-2013, as they were allowed to remain on their parent’s plans until age 26. Of the 20.0 million, an estimated 6.1 million were aged 19–25.[5]

By 2017, nearly 70% of those on the exchanges could purchase insurance for less than $75/month after subsidies, which rose to offset significant pre-subsidy price increases in the exchange markets.[201] Healthcare premium cost increases in the employer market continued to moderate. For example, healthcare premiums for those covered by employers rose by 69% from 2000-2005, but only 27% from 2010 to 2015,[6] with only a 3% increase from 2015 to 2016.[202]

The ACA also helps reduce income inequality measured after taxes, due to higher taxes on the top 5% of income earners and both subsidies and Medicaid expansion for lower-income persons.[203] CBO estimated that subsidies paid under the law in 2016 averaged $4,240 per person for 10 million individuals receiving them, roughly $42 billion. For scale, the subsidy for the employer market, in the form of exempting from taxation those health insurance premiums paid on behalf of employees by employers, was approximately $1,700 per person in 2016, or $266 billion total in the employer market. The employer market subsidy was not changed by the law.[4]

Insurance exchanges

As of August 2016, 15 states operated their own exchanges. Other states either used the federal exchange, or operated in partnership with or supported by the federal government.[204]

Medicaid expansion

Medicaid expansion by state.[205]

  Adopted the Medicaid expansion
  Medicaid expansion under discussion
  Not adopting Medicaid expansion

As of December 2016 there were 32 states (including Washington DC) that had adopted the Medicaid extension, while 19 states had not.[200] Those states that expanded Medicaid had a 7.3% uninsured rate on average in the first quarter of 2016, while those that did not expand Medicaid had a 14.1% uninsured rate, among adults aged 18 to 64.[199] Following the Supreme Court ruling in 2012, which held that states would not lose Medicaid funding if they didn’t expand Medicaid under the ACA, several states rejected expanded Medicaid coverage. Over half of the national uninsured population lived in those states.[206] In a report to Congress, the Centers for Medicare and Medicaid Services (CMS) estimated that the cost of expansion was $6,366 per person for 2015, about 49 percent above previous estimates. An estimated 9 million to 10 million people had gained Medicaid coverage, mostly low-income adults.[207] The Kaiser Family Foundation estimated in October 2015 that 3.1 million additional people were not covered because of states that rejected the Medicaid expansion.[208]

States that rejected the Medicaid expansion could maintain their Medicaid eligibility thresholds, which in many states were significantly below 133% of the poverty line.[209]Many states did not make Medicaid available to childless adults at any income level.[210] Because subsidies on exchange insurance plans were not available to those below the poverty line, such individuals had no new options.[211][212] For example, in Kansas, where only able-bodied adults with children and with an income below 32% of the poverty line were eligible for Medicaid, those with incomes from 32% to 100% of the poverty level ($6,250 to $19,530 for a family of three) were ineligible for both Medicaid and federal subsidies to buy insurance. Absent children, able-bodied adults were not eligible for Medicaid in Kansas.[206]

Studies of the impact of state decisions to reject the Medicaid expansion calculated that up to 6.4 million people could fall into this status.[213] The federal government initially paid for 100% of the expansion (through 2016). The subsidy tapered to 90% by 2020 and continued to shrink thereafter.[214] Several states argued that they could not afford their 10% contribution.[214][215] Studies suggested that rejecting the expansion would cost more than expanding Medicaid due to increased spending on uncompensated emergency care that otherwise would have been partially paid for by Medicaid coverage,[216]

A 2016 study led by Harvard University health economics professor Benjamin Sommers found that residents of Kentucky and Arkansas, which both accepted the Medicaid expansion, were more likely to receive health care services and less likely to incur emergency room costs or have trouble paying their medical bills than before the expansion. Residents of Texas, which did not accept the Medicaid expansion, did not see a similar improvement during the same period.[217] Kentucky opted for increased managed care, while Arkansas subsidized private insurance. The new Arkansas and Kentucky governors have proposed reducing or modifying their programs. Between 2013 and 2015, the uninsured rate dropped from 42% to 14% in Arkansas and from 40% to 9% in Kentucky, compared with 39% to 32% in Texas. Specific improvements included additional primary and preventive care, fewer emergency departments visits, reported higher quality care, improved health, improved drug affordability, reduced out-of-pocket spending and increased outpatient visits, increased diabetes screening, glucose testing among diabetes patients and regular care for chronic conditions.[218]

A 2016 DHHS study found that states that expanded Medicaid had lower premiums on exchange policies, because they had fewer low-income enrollees, whose health on is worse than that of those with higher income.[219]

Healthcare insurance costs

U.S. healthcare cost information, including rate of change, per-capita, and percent of GDP. (Data source: Centers for Medicare and Medicaid Services[220])

The law is designed to pay subsidies in the form of tax credits to the individuals or families purchasing the insurance, based on income levels. Higher income consumers receive lower subsidies. While pre-subsidy prices rose considerably from 2016 to 2017, so did the subsidies, to reduce the after-subsidy cost to the consumer. For example, a study published in 2016 found that the average requested 2017 premium increase among 40-year-old non-smokers was about 9 percent, according to an analysis of 17 cities, although Blue Cross Blue Shield proposed increases of 40 percent in Alabama and 60 percent in Texas.[221] However, some or all of these costs are offset by subsidies, paid as tax credits. For example, the Kaiser Foundation reported that for the second-lowest cost “Silver plan” (a plan often selected and used as the benchmark for determining financial assistance), a 40-year old non-smoker making $30,000 per year would pay effectively the same amount in 2017 as they did in 2016 (about $208/month) after the subsidy/tax credit, despite large increases in the pre-subsidy price. This was consistent nationally. In other words, the subsidies increased along with the pre-subsidy price, fully offsetting the price increases.[222]

Healthcare premium cost increases in the employer market continued to moderate after the implementation of the law. For example, healthcare premiums for those covered by employers rose by 69% from 2000-2005, but only 27% from 2010 to 2015,[6] with only a 3% increase from 2015 to 2016.[202] From 2008-2010 (prior to Obamacare) health insurance premiums rose by an average of 10% per year.[223]

Several studies found that the financial crisis and accompanying recession could not account for the entirety of the slowdown and that structural changes likely share at least partial credit.[224][225][226][227] A 2013 study estimated that changes to the health system had been responsible for about a quarter of the recent reduction in inflation.[228] Paul Krawzak claimed that even if cost controls succeed in reducing the amount spent on healthcare, such efforts on their own may be insufficient to outweigh the long-term burden placed by demographic changes, particularly the growth of the population on Medicare.[229]

In a 2016 review of the ACA published in JAMA, Barack Obama himself wrote that from 2010 through 2014 mean annual growth in real per-enrollee Medicare spending was negative, down from a mean of 4.7% per year from 2000 through 2005 and 2.4% per year from 2006 to 2010; similarly, mean real per-enrollee growth in private insurance spending was 1.1% per year over the period, compared with a mean of 6.5% from 2000 through 2005 and 3.4% from 2005 to 2010.[230]

Effect on deductibles and co-payments

While health insurance premium costs have moderated, some of this is because of insurance policies that have a higher deductible, co-payments and out-of-pocket maximums that shift costs from insurers to patients. In addition, many employees are choosing to combine a health savings account with higher deductible plans, making the impact of the ACA difficult to determine precisely.

For those who obtain their insurance through their employer (“group market”), a 2016 survey found that:

  • Deductibles grew by 63% from 2011 to 2016, while premiums increased 19% and worker earnings grew by 11%.
  • In 2016, 4 in 5 workers had an insurance deductible, which averaged $1,478. For firms with less than 200 employees, the deductible averaged $2,069.
  • The percentage of workers with a deductible of at least $1,000 grew from 10% in 2006 to 51% in 2016. The 2016 figure drops to 38% after taking employer contributions into account.[231]

For the “non-group” market, of which two-thirds are covered by the ACA exchanges, a survey of 2015 data found that:

  • 49% had individual deductibles of at least $1,500 ($3,000 for family), up from 36% in 2014.
  • Many marketplace enrollees qualify for cost-sharing subsidies that reduce their net deductible.
  • While about 75% of enrollees were “very satisfied” or “somewhat satisfied” with their choice of doctors and hospitals, only 50% had such satisfaction with their annual deductible.
  • While 52% of those covered by the ACA exchanges felt “well protected” by their insurance, in the group market 63% felt that way.[232]

Health outcomes

Insurance coverage helps save lives, by encouraging early detection and prevention of dangerous medical conditions. According to a 2014 study, the ACA likely prevented an estimated 50,000 preventable patient deaths from 2010 to 2013.[233]City University public health professors David Himmelstein and Steffie Woolhandler wrote in January 2017 that a rollback of the ACA’s Medicaid expansion alone would cause an estimated 43,956 deaths annually.[234]

Federal deficit

CBO estimates of revenue and impact on deficit

The CBO reported in several studies that the ACA would reduce the deficit, and that repealing it would increase the deficit.[7][8][235][236] The 2011 comprehensive CBO estimate projected a net deficit reduction of more than $200 billion during the 2012–2021 period:[8][237] it calculated the law would result in $604 billion in total outlays offset by $813 billion in total receipts, resulting in a $210 billion net deficit reduction.[8] The CBO separately predicted that while most of the spending provisions do not begin until 2014,[238][239] revenue would exceed spending in those subsequent years.[240] The CBO claimed that the bill would “substantially reduce the growth of Medicare’s payment rates for most services; impose an excise tax on insurance plans with relatively high premiums; and make various other changes to the federal tax code, Medicare, Medicaid, and other programs”[241]—ultimately extending the solvency of the Medicare trust fund by 8 years.[242]

This estimate was made prior to the Supreme Court’s ruling that enabled states to opt out of the Medicaid expansion, thereby forgoing the related federal funding. The CBO and JCT subsequently updated the budget projection, estimating the impact of the ruling would reduce the cost estimate of the insurance coverage provisions by $84 billion.[243][244][245]

The CBO in June 2015 forecasted that repeal of ACA would increase the deficit between $137 billion and $353 billion over the 2016–2025 period, depending on the impact of macroeconomic feedback effects. The CBO also forecasted that repeal of ACA would likely cause an increase in GDP by an average of 0.7% in the period from 2021 to 2015, mainly by boosting the supply of labor.[7]

Major new sources of increased tax receipts include:[95] higher Medicare taxes; annual fees on insurance providers; fees on the healthcare industry such as manufacturers and importers of brand-name pharmaceutical drugs and certain medical devices; limits on tax deductions of medical expenses and flexible spending accounts; a 40% excise tax on plans with annual insurance premiums in excess of $10,200 for an individual or $27,500 for a family; revenue from mandate penalty payments; a 10% federal sales tax on indoor tanning services. Predicted spending reductions included a reduction in Medicare reimbursements to insurers and drug companies for private Medicare Advantage policies that the Government Accountability Office and Medicare Payment Advisory Commission found to be excessively costly relative to government Medicare;[246][247] and reductions in Medicare reimbursements to hospitals that failed standards of efficiency and care.[246]

Although the CBO generally does not provide cost estimates beyond the 10-year budget projection period because of the degree of uncertainty involved in the projection, it decided to do so in this case at the request of lawmakers, and estimated a second decade deficit reduction of $1.2 trillion.[241][248] CBO predicted deficit reduction around a broad range of one-half percent of GDP over the 2020s while cautioning that “a wide range of changes could occur”.[249]

Opinions on CBO projections

The CBO cost estimates were criticized because they excluded the effects of potential legislation that would increase Medicare payments by more than $200 billion from 2010 to 2019.[250][251][252] However, the so-called “doc fix” is a separate issue that would have existed whether or not ACA became law – omitting its cost from ACA was no different from omitting the cost of other tax cuts.[253][254][255]

Uwe Reinhardt, a Princeton health economist, wrote. “The rigid, artificial rules under which the Congressional Budget Office must score proposed legislation unfortunately cannot produce the best unbiased forecasts of the likely fiscal impact of any legislation”, but went on to say “But even if the budget office errs significantly in its conclusion that the bill would actually help reduce the future federal deficit, I doubt that the financing of this bill will be anywhere near as fiscally irresponsible as was the financing of the Medicare Modernization Act of 2003.”[256]Douglas Holtz-Eakin, CBO director during the George W. Bush administration, who later served as the chief economic policy adviser to U.S. Senator John McCain‘s 2008 presidential campaign, alleged that the bill would increase the deficit by $562 billion because, he argued, it front-loaded revenue and back-loaded benefits.[257]

Scheiber and Cohn rejected critical assessments of the law’s deficit impact, arguing that predictions were biased towards underestimating deficit reduction. They noted that for example, it is easier to account for the cost of definite levels of subsidies to specified numbers of people than account for savings from preventive healthcare, and that the CBO had a track record of overestimating costs and underestimating savings of health legislation;[258][259] stating, “innovations in the delivery of medical care, like greater use of electronic medical records[260] and financial incentives for more coordination of care among doctors, would produce substantial savings while also slowing the relentless climb of medical expenses… But the CBO would not consider such savings in its calculations, because the innovations hadn’t really been tried on such large scale or in concert with one another—and that meant there wasn’t much hard data to prove the savings would materialize.”[258]

In 2010 David Walker, former U.S. Comptroller General then working for The Peter G. Peterson Foundation, stated that the CBO estimates are not likely to be accurate, because they were based on the assumption that the law would not change.[261] The Center on Budget and Policy Priorities objected that Congress had a good record of implementing Medicare savings. According to their study, Congress followed through on the implementation of the vast majority of provisions enacted in the past 20 years to produce Medicare savings, although not the payment reductions addressed by the annual “doc fix”.[262][263]

Economic consequences

CBO estimated in June 2015 that repealing the ACA would:

  • Decrease aggregate demand (GDP) in the short-term, as low-income persons who tend to spend a large fraction of their additional resources would have fewer resources (e.g., ACA subsidies would be eliminated). This effect would be offset in the long-run by the labor supply factors below.
  • Increase the supply of labor and aggregate compensation by about 0.8 and 0.9 percent over the 2021-2025 period. CBO cited the ACA’s expanded eligibility for Medicaid and subsidies and tax credits that rise with income as disincentives to work, so repealing the ACA would remove those disincentives, encouraging workers to supply more hours of labor.
  • Increase the total number of hours worked by about 1.5% over the 2021-2025 period.
  • Remove the higher tax rates on capital income, thereby encouraging additional investment, raising the capital stock and output in the long-run.[7]

In 2015 the Center for Economic and Policy Research found no evidence that companies were reducing worker hours to avoid ACA requirements[264] for employees working over 30 hours per week.[265]

The CBO estimated that the ACA would slightly reduce the size of the labor force and number of hours worked, as some would no longer be tethered to employers for their insurance. Cohn, citing CBO’s projections, claimed that ACA’s primary employment effect was to alleviate job lock: “People who are only working because they desperately need employer-sponsored health insurance will no longer do so.”[266] He concluded that the “reform’s only significant employment impact was a reduction in the labor force, primarily because people holding onto jobs just to keep insurance could finally retire”, because they have health insurance outside of their jobs.[267]

Employer mandate and part-time work

For more details on health insurance mandates, see Health insurance mandate.

The employer mandate requires employers meeting certain criteria to provide health insurance to their workers. The mandate applies to employers with more than 50 employees that do not offer health insurance to their full-time workers.[268] Critics claimed that the mandate created a perverse incentive for business to keep their full-time headcount below 50 and to hire part-time workers instead.[269][270] Between March 2010 and 2014 the number of part-time jobs declined by 230,000, while the number of full-time jobs increased by 2 million.[271][272] In the public sector full-time jobs turned into part-time jobs much more than in the private sector.[271][273] A 2016 study found only limited evidence that ACA had increased part-time employment.[274]

Several businesses and the state of Virginia added a 29-hour-a-week cap for their part-time employees,[275][unreliable source?][276][unreliable source?] to reflect the 30-hour-or-more definition for full-time worker.[268] As of yet, however, only a small percent of companies have shifted their workforce towards more part-time hours (4% in a survey from the Federal Reserve Bank of Minneapolis).[270] Trends in working hours[277] and the effects of the Great Recession correlate with part-time working hour patterns.[278][279] The impact of this provision may have been offset by other factors, including that health insurance helps attract and retain employees, increases productivity and reduces absenteeism; and the lower training and administration costs of a smaller full-time workforce over a larger part-time work force.[270][277][280] Relatively few firms employ over 50 employees[270] and more than 90% of them offered insurance.[281] Workers without employer insurance could purchase insurance on the exchanges.[282]

Most policy analysts (on both right and left) were critical of the employer mandate provision.[269][281] They argued that the perverse incentives regarding part-time hours, even if they did not change existing plans, were real and harmful;[283][284] that the raised marginal cost of the 50th worker for businesses could limit companies’ growth;[285] that the costs of reporting and administration were not worth the costs of maintaining employer plans;[283][284] and noted that the employer mandate was not essential to maintain adequate risk pools.[286][287] The effects of the provision generated vocal opposition from business interests and some unions not granted exemptions.[284][288]

A 2013/4 survey by the National Association for Business Economics found that about 75 percent of those surveyed said ACA hadn’t influenced their planning or expectations for 2014, and 85 percent said the law wouldn’t prompt a change in their hiring practices. Some 21 percent of 64 businesses surveyed said that the act would have a harmful effect and 5 percent said it would be beneficial.[289]

Hospitals

From the start of 2010 to November 2014, 43 hospitals in rural areas closed. Critics claimed that the new law caused these hospitals to close. Many of these rural hospitals were built using funds from the 1946 Hill–Burton Act, to increase access to medical care in rural areas. Some of these hospitals reopened as other medical facilities, but only a small number operated emergency rooms (ER) or urgent care centers.[290]

Between January 2010 and 2015, a quarter of emergency room doctors said they had seen a major surge in patients, while nearly half had seen a smaller increase. Seven in ten ER doctors claimed that they lacked the resources to deal with large increases in the number of patients. The biggest factor in the increased number of ER patients was insufficient primary care providers to handle the larger number of insured patients.[291]

Insurers claimed that because they have access to and collect patient data that allow evaluations of interventions, they are essential to ACO success. Large insurers formed their own ACOs. Many hospitals merged and purchased physician practices. The increased market share gave them more leverage in negotiations with insurers over costs and reduced patient care options.[115]

Public opinion

Prior to the law’s passage, polling indicated the public’s views became increasingly negative in reaction to specific plans discussed during the legislative debate over 2009 and 2010. Polling statistics showed a general negative opinion of the law; with those in favor at approximately 40% and those against at 51%, as of October 2013.[292][293] About 29% of whites approve of the law, compared with 61% of Hispanics and 91% of African Americans.[294]Opinions were divided by age of the person at the law’s inception, with a solid majority of seniors opposing the bill and a solid majority of those younger than forty years old in favor.[295]

Congressional Democrats celebrating the 6th anniversary of the Affordable Care Act in March 2016 on the steps of the U.S. Capitol.

Congressional Democrats celebrating the 6th anniversary of the Affordable Care Act in March 2016 on the steps of the U.S. Capitol.

Specific elements were popular across the political spectrum, while others, such as the mandate to purchase insurance, were widely disliked. In a 2012 poll 44% supported the law, with 56% against. By party affiliation, 75% of Democrats, 27% of Independents and 14% of Republicans favored the law overall. 82% favored banning insurance companies from denying coverage to people with pre-existing conditions, 61% favored allowing children to stay on their parents’ insurance until age 26, 72% supported requiring companies with more than 50 employees to provide insurance for their employees, and 39% supported the individual mandate to own insurance or pay a penalty. By party affiliation, 19% of Republicans, 27% of Independents, and 59% of Democrats favored the mandate.[296] Other polls showed additional provisions receiving majority support, including the creation of insurance exchanges, pooling small businesses and the uninsured with other consumers so that more people can take advantage of large group pricing benefits and providing subsidies to individuals and families to make health insurance more affordable.[297][298]

In a 2010 poll, 62% of respondents said they thought ACA would “increase the amount of money they personally spend on health care”, 56% said the bill “gives the government too much involvement in health care”, and 19% said they thought they and their families would be better off with the legislation.[299] Other polls found that people were concerned that the law would cost more than projected and would not do enough to control costs.[300]

Some opponents believed that the reform did not go far enough: a 2012 poll indicated that 71% of Republican opponents rejected it overall, while 29% believed it did not go far enough; independent opponents were divided 67% to 33%; and among the much smaller group of Democratic opponents, 49% rejected it overall and 51% wanted more.[296] In June 2013, a majority of the public (52–34%) indicated a desire for “Congress to implement or tinker with the law rather than repeal it”.[301] After the Supreme Court upheld the individual mandate, a 2012 poll held that “most Americans (56%) want to see critics of President Obama’s health care law drop efforts to block it and move on to other national issues”.[302]A 2014 poll reported that 48.9% of respondents had an unfavorable view of ACA vs. 38.3% who had a favorable view (of more than 5,500 individuals).[303]

A 2014 poll reported that 26% of Americans support ACA.[304] Another held that 8% of respondents say that the Affordable Care Act “is working well the way it is”.[305] In late 2014, a Rasmussen poll reported Repeal: 30%, Leave as is: 13%, Improve: 52%, i.e., 65% wanted to leave ACA alone or improve upon it.[306]

In 2015, a CBS News / New York Times poll reported that 47% of Americans approved the health care law. This was the first time that a major poll indicated that more respondents approved ACA than disapproved of it.[307] The recurring Kaiser Health Tracking Poll from December 2016 reported that: a) 30% wanted to expand what the law does; b) 26% wanted to repeal the entire law; c) 19% wanted to move forward with implementing the law as it is; and d) 17% wanted to scale back what the law does, with the remainder undecided.[308]

Separate polls from Fox News and NBC/WSJ both taken during January 2017 indicated more people viewed the law favorably than did not for the first time. One of the reasons for the improving popularity of the law is that Democrats who opposed it in the past (many prefer a “Medicare for All” approach) have shifted their positions since the ACA is under threat of repeal.[309]

A January 2017 Morning Consult poll showed that 35% of respondents either believed that Obamacare and the Affordable Care Act were different or did not know.[310] Approximately 45% were unsure whether the repeal of Obamacare also meant the repeal of the Affordable Care Act.[310] 39% did not know that “many people would lose coverage through Medicaid or subsidies for private health insurance if the A.C.A. were repealed and no replacement enacted,” with Democrats far more likely (79%) to know that fact than Republicans (47%).[310]

A 2017 study found that personal experience with public health insurance programs leads to greater support for the Affordable Care Act, and the effects appear to be most pronounced among Republicans and low-information voters.[311]

Political aspects

“Obamacare”

The term “Obamacare” was originally coined by opponents as a pejorative. The term emerged in March 2007 when healthcare lobbyist Jeanne Schulte Scott used it in a health industry journal, writing “We will soon see a ‘Giuliani-care’ and ‘Obama-care’ to go along with ‘McCain-care’, ‘Edwards-care’, and a totally revamped and remodeled ‘Hillary-care‘ from the 1990s”.[9][312] According to research by Elspeth Reeve, the expression was used in early 2007, generally by writers describing the candidate’s proposal for expanding coverage for the uninsured.[313] It first appeared in a political campaign by Mitt Romney in May 2007 in Des Moines, Iowa. Romney said, “In my state, I worked on healthcare for some time. We had half a million people without insurance, and I said, ‘How can we get those people insured without raising taxes and without having government take over healthcare?’ And let me tell you, if we don’t do it, the Democrats will. If the Democrats do it, it will be socialized medicine; it’ll be government-managed care. It’ll be what’s known as Hillarycare or Barack Obamacare, or whatever you want to call it.”[9]

By mid-2012, Obamacare had become the colloquial term used by both supporters and opponents. In contrast, the use of “Patient Protection and Affordable Care Act” or “Affordable Care Act” became limited to more formal and official use.[313] Use of the term in a positive sense was suggested by Democrat John Conyers.[314] Obama endorsed the nickname, saying, “I have no problem with people saying Obama cares. I do care.”[315]

In March 2012, the Obama reelection campaign embraced the term “Obamacare”, urging Obama’s supporters to post Twitter messages that begin, “I like #Obamacare because…”.[316]

In October 2013 the Associated Press and NPR began cutting back on use of the term.[317] Stuart Seidel, NPR’s managing editor, said that the term “seems to be straddling somewhere between being a politically-charged term and an accepted part of the vernacular”.[318]

Common misconceptions

“Death panels”

Main article: Death panel

On August 7, 2009, Sarah Palin pioneered the term “death panels” to describe groups that would decide whether sick patients were “worthy” of medical care.[319] “Death panel” referred to two claims about early drafts.

One was that under the law, seniors could be denied care due to their age[320] and the other that the government would advise seniors to end their lives instead of receiving care. The ostensible basis of these claims was the provision for an Independent Payment Advisory Board (IPAB).[321] IPAB was given the authority to recommend cost-saving changes to Medicare by facilitating the adoption of cost-effective treatments and cost-recovering measures when the statutory levels set for Medicare were exceeded within any given 3-year period. In fact, the Board was prohibited from recommending changes that would reduce payments to certain providers before 2020, and was prohibited from recommending changes in premiums, benefits, eligibility and taxes, or other changes that would result in rationing.[322][323]

The other related issue concerned advance-care planning consultation: a section of the House reform proposal would have reimbursed physicians for providing patient-requested consultations for Medicare recipients on end-of-life health planning (which is covered by many private plans), enabling patients to specify, on request, the kind of care they wished to receive.[324] The provision was not included in ACA.[325]

In 2010, the Pew Research Center reported that 85% of Americans were familiar with the claim, and 30% believed it was true, backed by three contemporaneous polls.[326] A poll in August 2012 found that 39% of Americans believed the claim.[327] The allegation was named PolitiFact‘s “Lie of the Year”,[319][328] one of FactCheck.org‘s “whoppers”[329][330] and the most outrageous term by the American Dialect Society.[331]AARP described such rumors as “rife with gross—and even cruel—distortions”.[332]

Members of Congress

ACA requires members of Congress and their staffs to obtain health insurance either through an exchange or some other program approved by the law (such as Medicare), instead of using the insurance offered to federal employees (the Federal Employees Health Benefits Program).[333][334][335][336][337]

Illegal immigrants

ACA does not provide benefits to illegal immigrants.[338] It explicitly denies insurance subsidies to “unauthorized (illegal) aliens”.[25][26][339]

Exchange “death spiral”

One argument against the ACA is that the insurers are leaving the marketplaces, as they cannot profitably cover the available pool of customers, which contains too many unhealthy participants relative to healthy participants. A scenario where prices rise, due to an unfavorable mix of customers from the insurer’s perspective, resulting in fewer customers and fewer insurers in the marketplace, further raising prices, has been called a “Death Spiral.”[340]During 2017, the median number of insurers offering plans on the ACA exchanges in each state was 3.0, meaning half the states had more and half had fewer insurers. There were five states with one insurer in 2017; 13 states with two; 11 states with three; and the remainder had four insurers or more. Wisconsin had the most, with 15 insurers in the marketplace. The median number of insurers was 4.0 in 2016, 5.0 in 2015, and 4.0 in 2014.[341]

Further, the CBO reported in January 2017 that it expected enrollment in the exchanges to rise from 10 million during 2017 to 13 million by 2027, assuming laws in place at the end of the Obama administration were continued.[342] Following a 2015 CBO report that reached a similar conclusion, Paul Krugman wrote: “But the truth is that this report is much, much closer to what supporters of reform have said than it is to the scare stories of the critics–no death spirals, no job-killing, major gains in coverage at relatively low cost.”[343]

Opposition

Opposition and efforts to repeal the legislation have drawn support from sources that include labor unions,[344][345]conservative advocacy groups,[346][347] Republicans, small business organizations and the Tea Party movement.[348] These groups claimed that the law would disrupt existing health plans, increase costs from new insurance standards, and increase the deficit.[349] Some opposed the idea of universal healthcare, viewing insurance as similar to other unsubsidized goods.[350][351] President Donald Trump has repeatedly promised to “repeal and replace” it.[352][353]

As of 2013 unions that expressed concerns about ACA included the AFL-CIO,[354] which called ACA “highly disruptive” to union health care plans, claiming it would drive up costs of union-sponsored plans; the International Brotherhood of Teamsters, United Food and Commercial Workers International Union, and UNITE-HERE, whose leaders sent a letter to Reid and Pelosi arguing, ” ACA will shatter not only our hard-earned health benefits, but destroy the foundation of the 40-hour work week that is the backbone of the American middle class.”[345] In January 2014, Terry O’Sullivan, president of the Laborers’ International Union of North America (LIUNA) and D. Taylor, president of Unite Here sent a letter to Reid and Pelosi stating, “ACA, as implemented, undermines fair marketplace competition in the health care industry.”[344]

In October 2016, Mark Dayton, the governor of Minnesota and a member of the Minnesota Democratic–Farmer–Labor Party, said that the ACA had “many good features” but that it was “no longer affordable for increasing numbers of people” and called on the Minnesota legislature to provide emergency relief to policyholders.[355] Dayton later said he regretted his remarks after they were seized on by Republicans seeking to repeal the law.[356]

Legal challenges

National Federation of Independent Business v. Sebelius

Opponents challenged ACA’s constitutionality in multiple lawsuits on multiple grounds.[357][358][not in citation given] In National Federation of Independent Business v. Sebelius, the Supreme Court ruled on a 5–4 vote that the individual mandate was constitutional when viewed as a tax, although not under the Commerce Clause.

The Court further determined that states could not be forced to participate in the Medicaid expansion. ACA withheld all Medicaid funding from states declining to participate in the expansion. The Court ruled that this withdrawal of funding was unconstitutionally coercive and that individual states had the right to opt out without losing preexisting Medicaid funding.[359]

Contraception mandate

In March 2012 the Roman Catholic Church, while supportive of ACA’s objectives, voiced concern through the United States Conference of Catholic Bishops that aspects of the mandate covering contraception and sterilization and HHS‘s narrow definition of a religious organization violated the First Amendment right to free exercise of religion and conscience. Various lawsuits addressed these concerns.[360][361]

On June 25, 2015, the U.S. Supreme Court ruled 6–3 that federal subsidies for health insurance premiums could be used in the 34 states that did not set up their own insurance exchanges.[362]

House v. Burwell

In United States House of Representatives v. Burwell the House sued the administration alleging that the money for premium subsidy payments to insurers had not been appropriated, as required for any federal government spending. The Obamacare subsidy that helps customers pay premiums was not part of the suit. Without the cost-sharing subsidies, the government estimated that premiums would increase by 20 percent to 30 percent for silver plans.[363]

Non-cooperation

Officials in Texas, Florida, Alabama, Wyoming, Arizona, Oklahoma and Missouri opposed those elements of ACA over which they had discretion.[364][365] For example, Missouri declined to expand Medicaid or establish a health insurance marketplace engaging in active non-cooperation, enacting a statute forbidding any state or local official to render any aid not specifically required by federal law.[366] Other Republican politicians discouraged efforts to advertise the benefits of the law. Some conservative political groups launched ad campaigns to discourage enrollment.[367][368]

Repeal efforts

ACA was the subject of unsuccessful repeal efforts by Republicans in the 111th, 112th, and 113th Congresses: Representatives Steve King (R-IA) and Michele Bachmann (R-MN) introduced bills in the House to repeal ACA the day after it was signed, as did Senator Jim DeMint (R-SC) in the Senate.[369] In 2011, after Republicans gained control of the House of Representatives, one of the first votes held was on a bill titled “Repealing the Job-Killing Health Care Law Act” (H.R. 2), which the House passed 245–189.[370] All Republicans and 3 Democrats voted for repeal.[371] House Democrats proposed an amendment that repeal not take effect until a majority of the Senators and Representatives had opted out of the Federal Employees Health Benefits Program; Republicans voted down the measure.[372] In the Senate, the bill was offered as an amendment to an unrelated bill, but was voted down.[373] President Obama had stated that he would have vetoed the bill even if it had passed both chambers of Congress.[374]

2017 House Budget

Following the 2012 Supreme Court ruling upholding ACA as constitutional, Republicans held another vote to repeal the law on July 11;[375] the House of Representatives voted with all 244 Republicans and 5 Democrats in favor of repeal, which marked the 33rd, partial or whole, repeal attempt.[376][377] On February 3, 2015, the House of Representatives added its 67th repeal vote to the record (239 to 186). This attempt also failed.[378]

2013 federal government shutdown

Strong partisan disagreement in Congress prevented adjustments to the Act’s provisions.[379] However, at least one change, a proposed repeal of a tax on medical devices, has received bipartisan support.[380] Some Congressional Republicans argued against improvements to the law on the grounds they would weaken the arguments for repeal.[284][381]

Republicans attempted to defund its implementation,[365][382] and in October 2013, House Republicans refused to fund the federal government unless accompanied with a delay in ACA implementation, after the President unilaterally deferred the employer mandate by one year, which critics claimed he had no power to do. The House passed three versions of a bill funding the government while submitting various versions that would repeal or delay ACA, with the last version delaying enforcement of the individual mandate. The Democratic Senate leadership stated the Senate would only pass a “clean” funding bill without any restrictions on ACA. The government shutdown began on October 1.[383][384][385] Senate Republicans threatened to block appointments to relevant agencies, such as the Independent Payment Advisory Board[386] and Centers for Medicare and Medicaid Services.[387][388]

2017 repeal effort

During a midnight congressional session starting January 11, 2017, the Senate of the 115th Congress of the United States voted to approve a “budget blueprint” which would allow Republicans to repeal parts of the law “without threat of a Democraticfilibuster.”[389][390] The plan, which passed 51-48 is a budget blueprint named by Senate Republicans the “Obamacare ‘repeal resolution.'”[391] Democrats opposing the resolution staged a protest during the vote.[392]

House Republicans announced their replacement for the ACA, the American Health Care Act, on March 6, 2017.[393] On March 24, 2017 the effort, led by Paul Ryan and Donald Trump, to repeal and replace the ACA failed amid a revolt among Republican representatives.[394]

Implementation history

Once the law was signed, provisions began taking effect, in a process that continued for years. Some provisions never took effect, while others were deferred for various periods.

Existing individual health plans

Plans purchased after the date of enactment, March 23, 2010, or old plans that changed in specified ways would eventually have to be replaced by ACA-compliant plans.[citation needed]

At various times during and after the ACA debate, Obama stated that “if you like your health care plan, you’ll be able to keep your health care plan”.[395][396] However, in fall 2013 millions of Americans with individual policies received notices that their insurance plans were terminated,[397] and several million more risked seeing their current plans cancelled.[398][399][400]

Obama’s previous unambiguous assurance that consumers’ could keep their own plans became a focal point for critics, who challenged his truthfulness.[401][402] On November 7, 2013, President Obama stated: “I am sorry that [people losing their plans] are finding themselves in this situation based on assurances they got from me.”[403] Various bills were introduced in Congress to allow people to keep their plans.[404]

In the fall of 2013, the Obama Administration announced a transitional relief program that would let states and carriers allow non-compliant individual and small group policies to renew at the end of 2013. In March 2014, HHS allowed renewals as late as October 1, 2016. In February 2016, these plans were allowed to renew up until October 1, 2017, but with a termination date no later than December 31, 2017.[citation needed]

2010

In June small business tax credits took effect. For certain small businesses, the credits reached up to 35% of premiums. At the same time uninsured people with pre-existing conditions could access the federal high-risk pool. Also, participating employment-based plans could obtain reimbursement for a portion of the cost of providing health insurance to early retirees.[405]

In July the Pre-Existing Condition Insurance Plan (PCIP) took effect to offer insurance to those that had been denied coverage by private insurance companies because of a pre-existing condition. Despite estimates of up to 700,000 enrollees, at a cost of approximately $13,000/enrollee, only 56,257 enrolled at a $28,994 cost per enrollee.[405]

2011

As of September 23, 2010, pre-existing conditions could no longer be denied coverage for children’s policies. HHS interpreted this rule as a mandate for “guaranteed issue“, requiring insurers to issue policies to such children.[citation needed] By 2011, insurers had stopped marketing child-only policies in 17 states, as they sought to escape this requirement.[406]

The average beneficiary in the prior coverage gap would have spent $1,504 in 2011 on prescriptions. Such recipients saved an average $603. The 50 percent discount on brand name drugs provided $581 and the increased Medicare share of generic drug costs provided the balance. Beneficiaries numbered 2 million[407]

2012

In National Federation of Independent Business v. Sebelius decided on June 28, 2012, the Supreme Court ruled that the individual mandate was constitutional when the associated penalties were construed as a tax. The decision allowed states to opt out of the Medicaid expansion. Several did so,[408] although some later accepted the expansion.[409]

2013

In January 2013 the Internal Revenue Service ruled that the cost of covering only the individual employee would be considered in determining whether the cost of coverage exceeded 9.5% of income. Family plans would not be considered even if the cost was above the 9.5% income threshold. This was estimated to leave 2–4 million Americans unable to afford family coverage under their employers’ plans and ineligible for subsidies.[410][411]

A June 2013 study found that the MLR provision had saved individual insurance consumers $1.2 billion in 2011 and $2.1 billion in 2012, reducing their 2012 costs by 7.5%.[412] The bulk of the savings were in reduced premiums, but some came from MLR rebates.

On July 2, 2013, the Obama Administration announced that it would delay the implementation of the employer mandate until 2015.[281][413][414]

The Community Living Assistance Services and Supports Act (or CLASS Act) was enacted as Title VIII of Obamacare. It would have created a voluntary and public long-term care insurance option for employees.[121][123] In October 2011 the administration announced it was unworkable and would be dropped.[415] The CLASS Act was repealed January 1, 2013.[416]

The launch for both the state and federal exchanges was troubled due to management and technical failings. HealthCare.gov, the website that offers insurance through the exchanges operated by the federal government, crashed on opening and suffered endless problems.[417] Operations stabilized in 2014, although not all planned features were complete.[418][419]

CMS reported in 2013 that, while costs per capita continued to rise, the rate of increase in annual healthcare costs had fallen since 2002. Per capita cost increases averaged 5.4% annually between 2000 and 2013. Costs relative to GDP, which had been rising, had stagnated since 2009.[420] Several studies attempted to explain the reductions. Reasons included:

  • Higher unemployment due to the 2008-2010 recession, which limited the ability of consumers to purchase healthcare;
  • Out-of-pocket costs rose, reducing demand for healthcare services.[421] The proportion of workers with employer-sponsored health insurance requiring a deductible climbed to about three-quarters in 2012 from about half in 2006.[224]
  • ACA changes[224] that aim to shift the healthcare system from paying-for-quantity to paying-for-quality. Some changes occurred due to healthcare providers acting in anticipation of future implementation of reforms.[120][225]

2014

On July 30, 2014, the Government Accountability Office released a non-partisan study that concluded that the administration did not provide “effective planning or oversight practices” in developing the website.[422]

In Burwell v. Hobby Lobby the Supreme Court exempted closely held corporations with religious convictions from the contraception rule.[423] In Wheaton College vs Burwell the Court issued an injunction allowing the evangelical college and other religiously affiliated nonprofit groups to completely ignore the contraceptive mandate.[424]

A study found that average premiums for the second-cheapest silver plan were 10-21% less than average individual market premiums in 2013, while covering many more conditions. Credit for the reduced premiums was attributed to increased competition stimulated by the larger market, greater authority to review premium increases, the MLR and risk corridors.[citation needed]

Many of the initial plans featured narrow networks of doctors and hospitals.[425][not in citation given]

A 2016 analysis found that health care spending by the middle class was 8.9% of household spending in 2014.[426]

2015

By the beginning of the year, 11.7 million had signed up (ex-Medicaid).[427] On December 31, 2015, about 8.8 million consumers had stayed in the program. Some 84 percent, or about 7.4 million, were subsidized.[428]

Bronze plans were the second most popular in 2015, making up 22% of marketplace plan selections. Silver plans were the most popular, accounting for 67% of marketplace selections. Gold plans were 7%. Platinum plans accounted for 3%. On average across the four metal tiers, premiums were up 20% for HMOs and 18% for EPOs. Premiums for POS plans were up 15% from 2015 to 2016, while PPO premiums were up just 8%.[citation needed]

A 2015 study found 14% of privately insured consumers received a medical bill in the past two years from an out-of-network provider in the context of an overall in-network treatment event. Such out-of-network care is not subject to the lower negotiated rates of in-network care, increasing out-of-pocket costs. Another 2015 study found that the average out-of-network charges for the majority of 97 medical procedures examined “were 300% or higher compared to the corresponding Medicare fees” for those services.[citation needed]

Some 47% of the 2015 ACA plans sold on the Healthcare.gov exchange lacked standard out-of-network coverage. Enrollees in such plans, typically received no coverage for out-of-network costs (except for emergencies or with prior authorization). A 2016 study on Healthcare.gov health plans found a 24 percent increase in the percentage of ACA plans that lacked standard out-of-network coverage.[citation needed]

The December spending bill delayed the onset of the “Cadillac tax” on expensive insurance plans by two years, until 2020.[429]

The average price of non-generic drugs rose 16.2% in 2015 and 98.2% since 2011.[426]

2016

As of March 2016 11.1 million people had purchased exchange plans,[citation needed] while an estimated 9 million to 10 million people had gained Medicaid coverage, mostly low-income adults.[207] 11.1 million were still covered, a decline of nearly 13 percent.[430] 6.1 million uninsured 19-25 year olds gained coverage.[431]

Employers

A survey of New York businesses found an increase of 8.5 percent in health care costs, less than the prior year’s survey had expected. A 10 percent increase was expected for 2017. Factors included increased premiums, higher drug costs, ACA and aging workers. Some firms lowered costs by increasing cost-sharing (for higher employee contributions, deductibles and co-payments). 60% planned to further increase cost-sharing. Coverage and benefits were not expected to change. Approximately one fifth said ACA had pushed them to reduce their workforce. A larger number said they were raising prices.[432]

Insurers

The five major national insurers expected to lose money on ACA policies in 2016.[433] UnitedHealth withdrew from the Georgia and Arkansas exchanges for 2017, citing heavy losses.[204] Humana exited other markets, leaving it operating in 156 counties in 11 states for 2017.[434] 225 counties across the country had access to only a single ACA insurer. A study released in May estimated that 664 counties would have one insurer in 2017.[435][not in citation given]

Aetna cancelled planned expansion of its offerings and following an expected $300 million loss in 2016 and then withdrew from 11 of its 15 states.[436] In August 2016 Anthem said that its offerings were losing money, but also that it would expand its participation if a pending merger with Cigna was approved.[437] Aetna and Humana’s exit for 2017 left 8 rural Arizona counties with only Blue Cross/Blue Shield.[438]

Blue Cross/Blue Shield Minnesota announced that it would exit individual and family markets in Minnesota in 2017, due to financial losses of $500 million over three years.[439]

Another analysis found that 17 percent of eligibles may have a single insurer option in 2017. North Carolina, Oklahoma, Alaska, Alabama, South Carolina and Wyoming were expected to have a single insurer,[440] while only 2 percent of 2016 eligibles had only one choice.[441]

Aetna, Humana, UnitedHealth Group also exited various individual markets. Many local Blue Cross plans sharply narrowed their networks. In 2016 two thirds of individual plans were narrow-network HMO plans.[425]

One of the causes of insurer losses is the lower income, older and sicker enrollee population. One 2016 analysis reported that while 81% of the population with incomes from 100-150% of the federal poverty level signed up, only 45% of those from 150-200% did so. The percentage continued to decline as income rose: 2% of those above 400% enrolled.[442]

Costs

The law is designed to pay subsidies in the form of tax credits to the individuals or families purchasing the insurance, based on income levels. Higher income consumers receive lower subsidies. While pre-subsidy prices rose considerably from 2016 to 2017, so did the subsidies, to reduce the after-subsidy cost to the consumer. For example, a study published in 2016 found that the average requested 2017 premium increase among 40-year-old non-smokers was about 9 percent, according to an analysis of 17 cities, although Blue Cross Blue Shield proposed increases of 40 percent in Alabama and 60 percent in Texas.[221] However, some or all of these costs are offset by subsidies, paid as tax credits. For example, the Kaiser Foundation reported that for the second-lowest cost “Silver plan” (a plan often selected and used as the benchmark for determining financial assistance), a 40-year old non-smoker making $30,000 per year would pay effectively the same amount in 2017 as they did in 2016 (about $208/month) after the subsidy/tax credit, despite large increases in the pre-subsidy price. This was consistent nationally. In other words, the subsidies increased along with the pre-subsidy price, fully offsetting the price increases.[222]

Cooperatives

The number of ACA nonprofit insurance cooperatives for 2017 fell from 23 originally to 7 for 2017. The remaining 7 posted annual losses in 2015. A General Accountability Report found that co-ops’ 2015 premiums were generally below average. At the end of 2014, money co-ops and other ACA insurers had counted on risk corridor payments that didn’t materialize. Maryland’s Evergreen Health claims that ACA’s risk-adjustment system does not adequately measure risk.[citation needed]

Medicaid

Newly elected Louisiana Governor John Bel Edwards issued an executive order to accept the expansion, becoming the 32nd state to do so. The program was expected to enroll an additional 300,000 Louisianans.[443]

2017

More than 9.2 million people signed up for care on the national exchange (healthcare.gov) for 2017, down some 400,000 from 2016. This decline was due primarily to the election of President Trump, who pulled advertising encouraging people to signup for coverage, issued an executive order that attempts to eliminate the mandate, and has created significant uncertainty about the future of the ACA. Enrollments had been running ahead of 2016 prior to President Obama leaving office, with 9.8 million expected to sign-up, so President Trump’s actions potentially cost about 600,000 national enrollments (i.e., 9.8 million expected – 9.2 million actual = 0.6 million impact).[444]Of the 9.2 million, 3.0 million were new customers and 6.2 million were returning. The 9.2 million excludes the 11 states that run their own exchanges, which have signed up around 3 million additional people.[444] These figures also exclude the additional coverage due to the Medicaid expansion, which covers another approximately 10 million persons, as described in the impact section above.

In February, Humana announced that it would withdraw from the individual insurance market in 2018, citing “further signs of an unbalanced risk pool.”[445] That month the IRS announced that it would not require that tax returns indicate that a person has health insurance, reducing the effectiveness of the individual mandate, in response to an executive order from President Donald Trump.[446]

Aetna CEO Mark Bertolini stated that ACA was in a “death spiral” of escalating premiums and shrinking, skewed enrollment.[447] However, a U.S. judge found that the Aetna CEO misrepresented why his company was leaving the exchanges; an important part of the reason was the Justice Department’s opposition to the intended merger between Aetna and Humana. Aetna actually pulled out of states where it was making money on the exchanges, while remaining in some states where it was not.[448] Further, the CBO reported in March 2017 that the healthcare exchanges were expected to be stable; i.e., they were not in a “death spiral.”[449]

Molina Healthcare, a major Medicaid provider, said that it was considering exiting some markets in 2018, citing “too many unknowns with the marketplace program.” Molina lost $110 million in 2016 due to having to contribute $325 million more than expected to the ACA “risk transfer” fund that compensated insurers with unprofitable risk pools. These pools were establish to help prevent insurers from artificially selecting lower-risk pools.[450]

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

 

Story 2: Obama Administration Spied On American Citizens Including Trump and Trump Team — Obama Scandal Far Worse Than Nixon’s Cover-up of Watergate Break-in — Legacy Fading Fast — Grand Jury Should Be Impaneled Now! — Videos

Krauthammer analyzes the fallout over the Trump-Russia probe

WH points to new surveillance info amid growing questions

Hannity 3⁄31⁄17 ¦ HANNITY Fox News March 31, 2017

BREAKING NEWS The O’reilly Factor 3⁄31⁄17 ¦ Bill O’reilly Fox News March 31, 2017

Lou Dobbs Tonight 3⁄31⁄17 ¦ Fox Business ¦ March 31, 2017

Former Obama official floundering in her own lies. Evelyn Farkas is so Farked

Surveillance Confirmed Of President Trump. Obama spied on Trump. where is the arrest?

Obama Official Admits They Were Surveilling Trump & His Team, Unmasking Names & Leaking Intel

Nunes Overkill and Schizophrenic Russophobic Frothing Continue

HUGE: Obama SCREAMS LIKE A BABY After Being Refused Meeting With Trump at White House

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Obama went to British intelligence to spy on Trump says Judge Napolitano

HUGE: Trump Calls Dems’ Bluff, Comes Forward With Evidence Obama Spied on Him.

Team Obama Gets Caught Committing Political Espionage, Spying on Trump & His Team

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Rep. Devin Nunes: Obama Officials Face Five Years In Prison For Trump Wiretap(VIDEO)!!

Obama is SCREWED! The NSA Just Released the SMOKING GUN Trump Was Waiting For!

OBAMA CONDUCTED INCIDENTAL SURVEILLANCE ON TRUMP COMMUNICATIONS

NSA Whistleblower Bill Binney on Tucker Carlson 03.24.2017

CIA Whistleblower Larry C. Johnson About Trump Wiretapping And CIA Control Of The Media

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

NSA WHISTLEBLOWER SAYS TRUMP WAS WIRETAPPED AND MONITORED

Worse Than Watergate: Obama Ordered Wiretaps of Trump’s Campaign

The Truth About Saul Alinsky’s Rules for Radicals

Rules for Radicals: What Constitutional Conservatives Should Know About Saul Alinsky

Obama, Saul Alinsky connection, dedication to lucifer?

The Untold Story of Barack Obama’s Mentor

Judge Napolitano: For the first Time in Modern Era We Have President Who Is Adversary of Deep State

Napolitano: Why Hillary lost

Minute Speech that Got Judge Napolitano Fired from Fox News

BREAKING: Obama SCREAMS LIKE A BABY After Being Refused A Meeting With Trump At The White House

Four Secret Service agents and two United States Marines had a good laugh earlier today when Barack Obama showed up unannounced at the White House, demanding a meeting with President Trump. At first, the former president just nodded and waved and started walking through the door at the ellipse like he owned the place until he came face to face with Agent Brock Neidemeir, who used to serve on his detail.

After a short discussion, Neidemyer agreed to call down to the Oval Office and was told by Trump’s secretary Rosalita that he wasn’t welcome and that Trump had no time for him. Obama, being the sore loser that he is, started stomping around like a baby and demanding he be allowed in. People as far away as the south gate could hear him whining.

There’s no telling why Obama felt the need to show up at the White House or why he thought he could just waltz right in like he owned the place. One thing is for sure: Trump isn’t going to allow someone who knows how to do his job that much better than him come down the halls of the West Wing to show him up. He has real issues to deal with.

http://thelastlineofdefense.org/breaking-obama-screams-like-a-baby-after-being-refused-a-meeting-with-trump-at-the-white-house/

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The Pronk, 2017, March 30, 2017, Breaking News — Story 1: Trump White House To Provide Documents of Unmasking of Americans Citizens (Trump and Trump Team) By Obama Administration National Security Agency Foreign Intelligence Surveillance — The Smoking Gun — NSA Documents with Dr. Evelyn Farkas Lets The Cat Out of The Bag — Exploding Obamagate Scandal — Videos — Story 2: Real Republicans Support Real Repeal & Replacement of Obamacare vs. Fake Republicans Support Fake Repeal & Replacement — Republican Voters Expect And Vote For Real Republicans Not Fake Republicans In Name Only (RINOs) or Liberal/Progressive Democrats — Videos — Story 3: Independence Party Coming Soon — Videos —

Posted on March 30, 2017. Filed under: American History, Blogroll, Breaking News, Communications, Congress, Countries, Donald J. Trump, Donald Trump, Donald Trump, Economics, Education, Federal Bureau of Investigation (FBI), Federal Government, Foreign Policy, Fourth Amendment, Free Trade, Freedom of Speech, Government, Government Dependency, Government Spending, Health Care, Health Care Insurance, Hillary Clinton, History, House of Representatives, Law, Media, Mike Pence, National Security Agency, News, Obama, Philosophy, Photos, Politics, Polls, President Barack Obama, President Trump, Radio, Rand Paul, Rand Paul, Raymond Thomas Pronk, Regulation, Rule of Law, Scandals, Senate, Spying, Taxation, Taxes, Ted Cruz, United States Constitution, United States of America, Videos, Wealth, Weather, Wisdom | Tags: , , , , , , , , , , |

 

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Breaking News — Story 1: Trump White House To Provide Documents of Unmasking of Americans Citizens (Trump and Trump Team) By Obama Administration National Security Agency Foreign  Intelligence Surveillance — The Smoking Gun — NSA Documents with Dr. Evelyn Farkas Lets The Cat Out of The Bag — Exploding Obamagate Scandal  —  Videos — 

Image result for obama warrantless searches poster spying on trumpImage result for Evelyn FarkasImage result for trump tweet house freedom caucus

Who Is Evelyn Farkas? – Worked In Obama Admin; Was Advisor To Hillary R. Clinton – Fox & Friends

Evelyn Farkas on MSNBC, 3/2/17

MARK LEVIN: Interview Between Mika And Evelyn Farkas On Trump Spying Is A SMOKING GUN

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Tucker Carlson Tonight || Devin Nunes RESPONDS & EXPOSED Democrats – James Comey Wiretapping RUSSIA

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Priebus: WH Will Look Into Evelyn Farkas Story; Almost Too Incredible To Be True

White House chief of staff Reince Priebus joins Hugh Hewitt for a Thursday morning interview.

One of the subjects touched on is the story of Evelyn Farkas, formerly the Defense Department’s top Russia expert under President Obama who is now calling for an independent investigation of the president’s ties to Moscow.

This week, conservative media has noticed an interview she did on MSNBC’s ‘Morning Joe’ on March 2nd, 2017 where Farkas appears to happily admit that she was repsonsible for leaking sensitive information about what parts of the government might have spied on President-elect Trump and his Trump Tower. Fox News ran a story on this titled: Former Obama official discloses rush to get intelligence on Trump team

The Farkas statement in question: “I had a fear that somehow that information would disappear with the senior [Obama] people who left, so it would be hidden away in the bureaucracy … that the Trump folks – if they found out how we knew what we knew about their … the Trump staff dealing with Russians – that they would try to compromise those sources and methods, meaning we no longer have access to that intelligence.”

Note: The Farkas clip originally aired on March 2. President Trump’s infamous ‘wiretap’ tweet came two days later:

Terrible! Just found out that Obama had my “wires tapped” in Trump Tower just before the victory. Nothing found. This is McCarthyism!

White House chief of staff Reince Priebus responded Thursday morning: “That’s incredible.”

“It certainly is an incredible comment, although I don’t want to add too much into it right now until I have an opportunity to sort of dig into it and figure out the scope of such a statement… It’s just an incredible statement, you know, and how, what it means and what she meant by that, and whether that has anything to do with the issues in regard to surveillance of Trump transition team members is something that we need to figure out this morning and throughout the day.”

“I hope that the intelligence committees and agencies are interested,” he also said.

Radio hosts Sean Hannity…

…and Mark Levin both mentioned the story Wednesday afternoon…

The original clip from MSNBC’s ‘Morning Joe’:

“That’s why you have the leaking!” Farkas says in the clip.

“A personal reaction is it’s, it’s almost, it’s so cavalier and unbelievable that I just wonder whether this person knows what the heck she’s talking about. I mean, you know what I’m saying?” Priebus added.

Transcript of the Priebus interview, courtesy of the Hugh Hewitt Show:

HUGH HEWITT: A news story came up last night, Mr. Priebus. Evelyn Farkas, former assistant deputy secretary of Defense a few days ago was on with Morning Joe, and talking to Mika about the end game during the Obama years. She said this, the 30 second clip:

EVELYN FARKAS: …that the Trump folks, if they found out how we knew what we knew about their, the staff, the Trump staff’s dealing with Russians, that they would try to compromise those sources and methods, meaning we would no longer have access to that intelligence. So I became very worried, because not enough was coming out into the open, and I knew that there was more. We have very good intelligence on Russia. So then I had talked to some of my former colleagues, and I knew that they were trying to also help get information to the Hill.

HH: So Mr. Priebus, I put two clips together.

REINCE PRIEBUS, TRUMP ADMIN: That’s incredible.

HH: React to that for me, would you?

RP: Well, I mean, I heard it late last night, so I mean I honestly, I talked to Sean a little bit about it late last night, Spicer, and then we’re going to be meeting on it this morning. It’s just an incredible statement, you know, and how, what it means and what she meant by that, and whether that has anything to do with the issues in regard to surveillance of Trump transition team members is something that we need to figure out this morning and throughout the day. But it certainly is an incredible comment, although I don’t want to add too much into it right now until I have an opportunity to sort of dig into it and figure out the scope of such a statement.

HH: Now I want to ask you about a personal reaction to it, though. It suggests that incidental collection of American conversation in intelligence, perhaps even in Russian to Russian conversation, was pushed out by Team Obama for the purposes of cornering you guys? I don’t know what, but…

RP: Yeah, I mean, a personal reaction is it’s, it’s almost, it’s so cavalier and unbelievable that I just wonder whether this person knows what the heck she’s talking about. I mean, you know what I’m saying?

HH: Yeah.

RP: It’s sort of like one of these things it’s so much in your face that it makes you wonder what she means.

HH: Now do you think Director Comey will be interested in that statement?

RP: (laughing) Well, I hope that the intelligence committees and agencies are interested in all of these things. And the one thing I will tell you is that we want, we want this thing done thoroughly, and I will tell you that because we have got nothing to hide. I mean, there’s just nothing there. I’ve said it many times on television and elsewhere. There is no collusion. The issues in regard to contacts with Russia as outlined in the New York Times article about a month ago is total garbage, and we just, we would rather this move forward and be thorough and get on with it, because we’ve got nothing to hide. It’s ridiculous.

HH: Okay, to a substantive question.

http://www.realclearpolitics.com/video/2017/03/30/priebus_wh_will_respond_to_evelyn_farkas_story_incredible_raises_many_questions.html

White House Invites Lawmakers to View Surveillance Documents

March 30, 2017, 2:23 PM CDT March 30, 2017, 3:34 PM CD
President Donald Trump walks with Vice President Mike Pence, left, and Sean Spicer, White House press secretary, right, in the East Room of the White House in Washington on Jan. 22, 2017.Photographer: Andrew Harrer/Bloomberg

The Trump administration invited leaders of congressional intelligence panels to review documents it said raise questions about whether government spy agencies improperly identified President Donald Trump’s campaign officials and associates in the course of routine foreign surveillance.

In a letter signed by White House Counsel Donald McGahn, the administration said Thursday it was responding to a March 15 request from intelligence committees for “documents necessary to determine whether information collected on U.S. persons was mishandled and leaked.” It asks the committees to probe whether the intelligence was properly gathered, whether names were improperly revealed and “to the extent that U.S. citizens were subject to such surveillance, were civil liberties violated?”

White House press secretary Sean Spicer announced the invitation during a briefing with reporters in Washington Thursday, shortly after the New York Times reported that two White House officials had provided House Intelligence Chairman Devin Nunes with reports showing that Trump and his associates were named incidentally by U.S. spy agencies monitoring foreign officials.

Schiff during a news conference on Capitol Hill, on March 30.

Photographer: Andrew Harrer/Bloomberg

The top Democrat on the House Intelligence Committee, Representative Adam Schiff, said he’s willing to review the material but questioned the administration’s motives, saying officials may be trying to disseminate information that helps Trump’s case. “I hope they’ll have some kind of explanation for why they chose this path,” Schiff told reporters at the Capitol.

Deflecting Questions

The administration has been deflecting questions about Russian meddling in the presidential election by focusing on leaks of classified materials and, more recently, Trump’s allegations that his predecessor may have spied on him and his aides before and after the election. The spying claims and the leaks have become prominent sidelights to a broader investigation by the FBI and congressional intelligence committees into Russia’s campaign to disrupt U.S. politics and whether anyone close to Trump colluded with Russia.

At a Senate Intelligence Committee hearing Thursday, several experts testified that Russia’s efforts began as early as 2008 and peaked during last year’s election. The moves included propagation of false news stories and the hacking of Democratic Party computer systems followed by the release of emails. Clint Watts, former FBI agent who is now a national security expert at the Foreign Policy Research Institute, said other targets were prominent Republicans, including House Speaker Paul Ryan and Senator Marco Rubio, a member of the intelligence panel.

Rubio of Florida said Thursday that staff members on his presidential campaign were unsuccessfully targeted in July 2016 by hackers using an address in Russia and that former campaign aides were again targeted on Wednesday.

Inquiry in Turmoil

The House Intelligence Committee’s inquiry was thrown into turmoil when Nunes, a California Republican, last week held a news conference to outline material he said suggested some names of Trump associates were incidentally revealed during legal surveillance of foreign sources. He then went to the White House to brief Trump while refusing to share the information with other members of the committee. After repeated questions about how he got the material, Nunes said on March 27 that he met a source on the White House grounds.

Democrat Schiff, also of California, has called for Nunes to step aside from the investigation and accused him of doing the president’s bidding. Schiff said Thursday he is “more than willing” to go to the White House to review the material being offered but that the committee’s broader investigation must continue.

“This is not going to distract us from doing our Russia investigation,” Schiff said, adding that the White House action “raises profound questions.”

He said he didn’t know whether the material being offered is the same as the documents that were viewed by Nunes.

Nunes has refused to say who showed him the material, and Spicer has said he didn’t know the identity of Nunes’ source. The New York Times, citing unnamed U.S. officials, reported Thursday that Nunes was shown the material by Ezra Cohen-Watnick, the senior director for intelligence at the National Security Council, and Michael Ellis, who works at the White House Counsel’s Office and previously worked on the House Intelligence Committee staff.

Cohen-Watnick was an aide brought into the White House by Michael Flynn, who was fired as national security adviser in February after Trump concluded Flynn had given misleading information about contacts with Russian officials.

‘Smart Move’

“Our view was that the smart move was to make all the materials available to the chairman and the ranking member of the relevant committees,” Spicer said Thursday. “We want them to look into this, as we have maintained all along — that I think there’s a belief that the president has maintained — that there was surveillance that occurred during the 2016 election that was improper.”

Nunes has said, and the Times said it confirmed, that the material isn’t related to the investigation into Russian attempts to influence the election, nor did it necessarily show any illegal surveillance of U.S. citizens.

While the House investigation has been stymied by the dispute over the material shown to Nunes, the Senate Intelligence Committee is proceeding with its own investigation. Panel Chairman Richard Burr, a North Carolina Republican, vowed that the probe won’t be politicized.

“The public deserves to hear the truth about possible Russian involvement in our elections,” Burr said.

Virginia Senator Mark Warner, the committee’s top Democrat, echoed that sentiment, but also expressed concern about what he called Trump’s “wild and uncorroborated accusations” that then-President Barack Obama ordered Trump Tower wiretapped and about Trumps intermittent attacks on intelligence agencies.

https://www.bloomberg.com/politics/articles/2017-03-30/white-house-says-intelligence-panels-can-see-surveillance-data

Foreign Intelligence Surveillance Act

From Wikipedia, the free encyclopedia
“FISA” redirects here. For other uses, see FISA (disambiguation).
Foreign Intelligence Surveillance Act of 1978
Great Seal of the United States
Long title An Act to authorize electronic surveillance to obtain foreign intelligence information.
Acronyms(colloquial) FISA
Enacted by the 95th United States Congress
Effective October 25, 1978
Citations
Public law 95-511
Statutes at Large 92 Stat. 1783
Codification
Titles amended 50 U.S.C.: War and National Defense
U.S.C. sections created 50 U.S.C. ch. 36 § 1801 et seq.
Legislative history
Major amendments

The Foreign Intelligence Surveillance Act of 1978 (“FISAPub.L. 95–511, 92 Stat. 1783, 50 U.S.C. ch. 36) is a United States federal law which prescribes procedures for the physical and electronic surveillance and collection of “foreign intelligence information” between “foreign powers” and “agents of foreign powers” suspected of espionage or terrorism).[1] The Act created the Foreign Intelligence Surveillance Court (FISC) to oversee requests for surveillance warrants by federal law enforcement and intelligence agencies. It has been repeatedly amended since the September 11 attacks.

Contents

 [show] 

History

The Foreign Intelligence Surveillance Act (FISA) was introduced on May 18, 1977, by Senator Ted Kennedy and was signed into law by President Carter in 1978. The bill was cosponsored by nine Senators: Birch Bayh, James O. Eastland, Jake Garn, Walter Huddleston, Daniel Inouye, Charles Mathias, John L. McClellan, Gaylord Nelson, and Strom Thurmond.

The FISA resulted from extensive investigations by Senate Committees into the legality of domestic intelligence activities. These investigations were led separately by Sam Ervin and Frank Church in 1978 as a response to President Richard Nixon’s usage of federal resources to spy on political and activist groups.[2] The act was created to provide judicial and congressional oversight of the government’s covert surveillance activities of foreign entities and individuals in the United States, while maintaining the secrecy needed to protect national security.

Warrantless domestic wiretapping program

The Act came into public prominence in December 2005 following publication by the New York Times of an article[3] that described a program of warrantless domestic wiretapping ordered by the Bush administration and carried out by the National Security Agency since 2002; a subsequent Bloomberg article[4] suggested that this may have already begun by June 2000.

Provisions

The subchapters of FISA provide for:

Electronic surveillance

Generally, the statute permits electronic surveillance in two different scenarios.

Without a court order

The President may authorize, through the Attorney General, electronic surveillance without a court order for the period of one year, provided that it is only to acquire foreign intelligence information,[5] that it is solely directed at communications or property controlled exclusively by foreign powers,[6] that there is no substantial likelihood that it will acquire the contents of any communication to which a United States person is a party, and that it be conducted only in accordance with defined minimization procedures.[7]

The code defines “foreign intelligence information” to mean information necessary to protect the United States against actual or potential grave attack, sabotage or international terrorism.[5]

“Foreign powers” means a foreign government, any faction of a foreign nation not substantially composed of U.S. persons, and any entity directed or controlled by a foreign government.[8]The definition also includes groups engaged in international terrorism and foreign political organizations.[9] The sections of FISA authorizing electronic surveillance and physical searches without a court order specifically exclude their application to groups engaged in international terrorism.[10]

A “U.S. person” includes citizens, lawfully admitted permanent resident aliens, and corporations incorporated in the United States.

“Minimization procedures” is defined to mean procedures that minimize the acquisition of information concerning United States persons, allow the retention of information that is evidence of a crime, and require a court order be obtained in order to retain communication involving a United States person for longer than 72 hours.

The Attorney General is required to make a certification of these conditions under seal to the Foreign Intelligence Surveillance Court,[11] and report on their compliance to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence.[12]

Since 50 U.S.C. § 1802(a)(1)(A) of this Act specifically limits warrantless surveillance to foreign powers as defined by 50 U.S.C. §1801(a) (1),(2), (3) and omits the definitions contained in 50 U.S.C. §1801(a) (4),(5),(6) the act does not authorize the use of warrantless surveillance on: groups engaged in international terrorism or activities in preparation therefore; foreign-based political organizations, not substantially composed of United States persons; or entities that are directed and controlled by a foreign government or governments.[13] Under the FISA act, anyone who engages in electronic surveillance except as authorized by statute is subject to both criminal penalties[14] and civil liabilities.[15]

Under 50 U.S.C. § 1811, the President may also authorize warrantless surveillance at the beginning of a war. Specifically, he may authorize such surveillance “for a period not to exceed fifteen calendar days following a declaration of war by the Congress”.[16]

With a court order

Alternatively, the government may seek a court order permitting the surveillance using the FISA court.[17] Approval of a FISA application requires the court find probable cause that the target of the surveillance be a “foreign power” or an “agent of a foreign power”, and that the places at which surveillance is requested is used or will be used by that foreign power or its agent.[2][18] In addition, the court must find that the proposed surveillance meet certain “minimization requirements” for information pertaining to U.S. persons.[19] Depending on the type of surveillance, approved orders or extensions of orders may be active for 90 days, 120 days, or a year.[20]

FISA court

The Act created the Foreign Intelligence Surveillance Court (FISC) and enabled it to oversee requests for surveillance warrants by federal law enforcement and intelligence agencies (primarily the Federal Bureau of Investigation and the National Security Agency) against suspected foreign intelligence agents inside the U.S. The court is located within the E. Barrett Prettyman United States Courthouse in Washington, D.C. The court is staffed by eleven judges appointed by the Chief Justice of the United States to serve seven-year terms.

Proceedings before the FISA court are ex parte and non-adversarial. The court hears evidence presented solely by the Department of Justice. There is no provision for a release of information regarding such hearings, or for the record of information actually collected.

Denials of FISA applications by the FISC may be appealed to the Foreign Intelligence Surveillance Court of Review. The Court of Review is a three judge panel. Since its creation, the court has come into session twice: in 2002 and 2008.

FISC meets in secret, and approves or denies requests for search warrants. Only the number of warrants applied for, issued and denied, is reported. In 1980 (the first full year after its inception), it approved 322 warrants.[21]This number has steadily grown to 2,224 warrants in 2006.[22] In the period 1979–2006, a total of 22,990 applications for warrants were made to the Court of which 22,985 were approved (sometimes with modifications; or with the splitting up, or combining together, of warrants for legal purposes), and only 5 were definitively rejected.[23]

Physical searches

In addition to electronic surveillance, FISA permits the “physical search” of the “premises, information, material, or property used exclusively by” a foreign power. The requirements and procedures are nearly identical to those for electronic surveillance.

Remedies for violations

Both the subchapters covering physical searches and electronic surveillance provide for criminal and civil liability for violations of FISA.

Criminal sanctions follows violations of electronic surveillance by intentionally engaging in electronic surveillance under the color of law or through disclosing information known to have been obtained through unauthorized surveillance. The penalties for either act are fines up to US$10,000, up to five years in jail, or both.[14]

In addition, the statute creates a cause of action for private individuals whose communications were unlawfully monitored. The statute permits actual damages of not less than $1,000 or $100 per day. In addition, that statute authorizes punitive damages and an award of attorney’s fees.[15] Similar liability is found under the subchapter pertaining to physical searches. In both cases, the statute creates an affirmative defense for law enforcement personnel acting within their official duties and pursuant to a valid court order. Presumably, such a defense is not available to those operating exclusively under presidential authorization.

Lone wolf amendment

In 2004, FISA was amended to include a “lone wolf” provision. 50 U.S.C. § 1801(b)(1)(C). A “lone wolf” is a non-U.S. person who engages in or prepares for international terrorism. The provision amended the definition of “foreign power” to permit the FISA courts to issue surveillance and physical search orders without having to find a connection between the “lone wolf” and a foreign government or terrorist group. However, “if the court authorizes such a surveillance or physical search using this new definition of ‘agent of a foreign power’, the FISC judge has to find, in pertinent part, that, based upon the information provided by the applicant for the order, the target had engaged in or was engaging in international terrorism or activities in preparation therefor”.[24]

Constitutionality

Before FISA

In 1967, the Supreme Court of the United States held that the requirements of the Fourth Amendment applied equally to electronic surveillance and to physical searches. Katz v. United States, 389 U.S. 347 (1967). The Court did not address whether such requirements apply to issues of national security. Shortly after, in 1972, the Court took up the issue again in United States v. United States District Court, Plamondon, where the court held that court approval was required in order for the domestic surveillance to satisfy the Fourth Amendment. 407 U.S. 297 (1972). Justice Powell wrote that the decision did not address this issue that “may be involved with respect to activities of foreign powers or their agents”.

In the time immediately preceding FISA, a number of courts squarely addressed the issue of “warrantless wiretaps”. In both United States v. Brown, 484 F.2d 418 (5th Cir. 1973), and United States v. Butenko, 494 F.2d 593 (3rd Cir. 1974), the courts upheld warrantless wiretaps. In Brown, a U.S. citizen’s conversation was captured by a wiretap authorized by the Attorney General for foreign intelligence purposes. In Butenko, the court held a wiretap valid if the primary purpose was for gathering foreign intelligence information.

A plurality opinion in Zweibon v. Mitchell, 516 F.2d 594 (D.C. Cir. 1975), held that a warrant was required for the domestic surveillance of a domestic organization. In this case, the court found that the domestic organization was not a “foreign power or their agent”, and “absent exigent circumstances, all warrantless electronic surveillance is unreasonable and therefore unconstitutional.”

Post-FISA

There have been very few cases involving the constitutionality of FISA. Two lower court decisions found FISA constitutional. In United States v. Duggan, the defendants were members of the Irish Republican Army. 743 F.2d 59 (2nd Cir., 1984). They were convicted for various violations regarding the shipment of explosives and firearms. The court held that there were compelling considerations of national security in the distinction between the treatment of U.S. citizens and non-resident aliens.

In the United States v. Nicholson, the defendant moved to suppress all evidence gathered under a FISA order. 955 F.Supp. 588 (Va. 1997). The court affirmed the denial of the motion. There the court flatly rejected claims that FISA violated Due process clause of the Fifth Amendment, Equal protection, Separation of powers, nor the Right to counsel provided by the Sixth Amendment.

However, in a third case, the special review court for FISA, the equivalent of a Circuit Court of Appeals, opined differently should FISA limit the President’s inherent authority for warrantless searches in the foreign intelligence area. In In re Sealed Case, 310 F.3d 717, 742 (Foreign Intel. Surv. Ct. of Rev. 2002) the special court stated “[A]ll the other courts to have decided the issue [have] held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information . … We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President’s constitutional power.”

Criticism

K. A. Taipale of the World Policy Institute, James Jay Carafano of the Heritage Foundation,[25] and Philip Bobbitt of Columbia Law School,[26] among others,[27] have argued that FISA may need to be amended to include, among other things, procedures for programmatic approvals, as it may no longer be adequate to address certain foreign intelligence needs and technology developments, including: the transition from circuit-based communications to packet-based communications; the globalization of telecommunication infrastructure; and the development of automated monitoring techniques, including data mining and traffic analysis.[28]

John R. Schmidt, associate attorney general (1994–1997) in the Justice Department under President Bill Clinton, expressed a need for programmatic approval of technology-enabled surveillance programs.[29] He recalled early arguments made by then-Attorney General Edward Levi to the Church Committee that foreign intelligence surveillance legislation should include provisions for programmatically authorizing surveillance programs because of the particular needs of foreign intelligence where “virtually continuous surveillance, which by its nature does not have specifically predetermined targets” may be required. In these situations, “the efficiency of a warrant requirement would be minimal.”

In a 2006 opinion, Judge Richard Posner wrote that FISA “retains value as a framework for monitoring the communications of known terrorists, but it is hopeless as a framework for detecting terrorists. [FISA] requires that surveillance be conducted pursuant to warrants based on probable cause to believe that the target of surveillance is a terrorist, when the desperate need is to find out who is a terrorist.”[30]

Subsequent amendments

The Act was amended in 2001 by the USA PATRIOT Act, primarily to include terrorism on behalf of groups that are not specifically backed by a foreign government.

An overhaul of the bill, the Protect America Act of 2007 was signed into law on August 5, 2007.[31] It expired on February 17, 2008.

The FISA Amendments Act of 2008 passed by the United States Congress on July 9, 2008.[32]

Amendments

Terrorist Surveillance Act of 2006

On March 16, 2006, Senators Mike DeWine (R-OH), Lindsey Graham (R-SC), Chuck Hagel (R-NE), and Olympia Snowe (R-ME) introduced the Terrorist Surveillance Act of 2006 (S.2455),[33][34] under which the President would be given certain additional limited statutory authority to conduct electronic surveillance of suspected terrorists in the United States subject to enhanced Congressional oversight. Also on March 16, 2006, Senator Arlen Specter (R-PA) introduced the National Security Surveillance Act of 2006 (S. 2453),[35][36] which would amend FISA to grant retroactive amnesty[37] for warrantless surveillance conducted under presidential authority and provide FISA court (FISC) jurisdiction to review, authorize, and oversight “electronic surveillance programs”. On May 24, 2006, Senator Specter and Senator Dianne Feinstein (D-CA) introduced the Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006 (S. 3001) asserting FISA as the exclusive means to conduct foreign intelligence surveillance.

All three competing bills were the subject of Judiciary Committee hearings throughout the summer.[38] On September 13, 2006, the Senate Judiciary Committee voted to approve all three mutually exclusive bills, thus, leaving it to the full Senate to resolve.[39]

On July 18, 2006, U.S. Representative Heather Wilson (R-NM) introduced the Electronic Surveillance Modernization Act (H.R. 5825). Wilson’s bill would give the President the authority to authorize electronic surveillance of international phone calls and e-mail linked specifically to identified terrorist groups immediately following or in anticipation of an armed or terrorist attack on the United States. Surveillance beyond the initial authorized period would require a FISA warrant or a presidential certification to Congress. On September 28, 2006, the House of Representatives passed Wilson’s bill and it was referred to the Senate.[40]

Protect America Act of 2007

Main article: Protect America Act

On July 28, 2007, President Bush called on Congress to pass legislation to reform the FISA in order to ease restrictions on surveillance of terrorist suspects where one party (or both parties) to the communication are located overseas. He asked that Congress pass the legislation before its August 2007 recess. On August 3, 2007, the Senate passed a Republican-sponsored version of FISA (S. 1927) in a vote of 60 to 28. The House followed by passing the bill, 227–183. The Protect America Act of 2007 (Pub.L. 110–55, S. 1927) was then signed into law by George W. Bush on 2007-08-05.[41]

Under the Protect America Act of 2007, communications that begin or end in a foreign country may be wiretapped by the U.S. government without supervision by the FISA Court. The Act removes from the definition of “electronic surveillance” in FISA any surveillance directed at a person reasonably believed to be located outside the United States. As such, surveillance of these communications no longer requires a government application to, and order issuing from, the FISA Court.

The Act provides procedures for the government to “certify” the legality of an acquisition program, for the government to issue directives to providers to provide data or assistance under a particular program, and for the government and recipient of a directive to seek from the FISA Court, respectively, an order to compel provider compliance or relief from an unlawful directive. Providers receive costs and full immunity from civil suits for compliance with any directives issued pursuant to the Act.

A summary of key provisions follows. The Act empowers the Attorney General or Director of National Intelligence (“DNI”) to authorize, for up to one year, the acquisition of communications concerning “persons reasonably believed to be outside the United States” if the Attorney General and DNI determine that each of five criteria has been met:

  • There are reasonable procedures in place for determining that the acquisition concerns persons reasonably believed to be located outside the United States;
  • The acquisition does not constitute electronic surveillance (meaning it does not involve solely domestic communications);
  • The acquisition involves obtaining the communications data from or with the assistance of a communications service provider who has access to communications;
  • A significant purpose of the acquisition is to obtain foreign intelligence information; and
  • Minimization procedures outlined in the FISA will be used.

This determination by the Attorney General and DNI must be certified in writing, under oath, and supported by appropriate affidavit(s). If immediate action by the government is required and time does not permit the preparation of a certification, the Attorney General or DNI can direct the acquisition orally, with a certification to follow within 72 hours. The certification is then filed with the FISA Court.

Once the certification is filed with the FISA Court, the Attorney General or DNI can direct a provider to undertake or assist in the undertaking of the acquisition.

If a provider fails to comply with a directive issued by the Attorney General or DNI, the Attorney General may seek an order from the FISA Court compelling compliance with the directive. Failure to obey an order of the FISA Court may be punished as a contempt of court.

Likewise, a person receiving a directive may challenge the legality of that directive by filing a petition with the FISA Court. An initial review must be conducted within 48 hours of the filing to determine whether the petition is frivolous, and a final determination concerning any non-frivolous petitions must be made – in writing – within 72 hours of receipt of the petition.

Determinations of the FISA Court may be appealed to the Foreign Intelligence Court of Appeals, and a petition for a writ of certiorari of a decision from the FICA can be made to the U.S. Supreme Court.

All petitions must be filed under seal.

The Act allows providers to be compensated, at the prevailing rate, for providing assistance as directed by the Attorney General or DNI.

The Act provides explicit immunity from civil suit in any federal or state court for providing any information, facilities, or assistance in accordance with a directive under the Act.

Within 120 days, the Attorney General must submit to the FISA Court for its approval the procedures by which the government will determine that acquisitions authorized by the Act conform with the Act and do not involve purely domestic communications. The FISA Court then will determine whether the procedures comply with the Act. The FISA Court thereafter will enter an order either approving the procedures or directing the government to submit new procedures within 30 days or cease any acquisitions under the government procedures. The government may appeal a ruling of the FISA Court to the FICA and ultimately the Supreme Court.

On a semiannual basis, the Attorney General shall inform the Intelligence and Judiciary Committees of the House and Senate of incidents of noncompliance with a directive issued by the Attorney General or the DNI, incidents of noncompliance with FISA Court-approved procedures by the Intelligence Community, and the number of certifications and directives issued during the reporting period.

The amendments to FISA made by the Act expire 180 days after enactment, except that any order in effect on the date of enactment remains in effect until the date of expiration of such order and such orders can be reauthorized by the FISA Court.[42] The Act expired on February 17, 2008.

Subsequent developments

Legal experts experienced in national security issues are divided on how broadly the new law could be interpreted or applied. Some believe that due to subtle changes in the definitions of terms such as “electronic surveillance”, it could empower the government to conduct warrantless physical searches and even seizures of communications and computer devices and their data which belong to U.S. citizens while they are in the United States, if the government contended that those searches and potential seizures were related to its surveillance of parties outside the United States. Intelligence officials, while declining to comment directly on such possibilities, respond that such interpretations are overly broad readings of the act, and unlikely to actually occur.

In a September 10, 2007 address at a symposium on modernizing FISA held at Georgetown University Law Center‘s National Security Center, Kenneth L. Wainstein, Assistant Attorney General for National Security, argued against the current six-month sunset provision in the Protect America Act of 2007, saying that the broadened surveillance powers the act provides for should be made permanent. Wainstein proposed that internal audits by the Office of the Director of National Intelligence and the National Security Division of the Justice Department, with reporting to select groups of Congressmen, would ensure that the expanded capability would not be abused.[43]

Also on September 10, DNI Mike McConnell testified before the Senate Committee on Homeland Security and Governmental Affairs that the Protect America Act had helped foil a major terror plot in Germany. U.S. intelligence-community officials questioned the accuracy of McConnell’s testimony and urged his office to correct it, which he did in a statement issued September 12, 2007. Critics cited the incident as an example of the Bush administration’s exaggerated claims and contradictory statements about surveillance activities. Counterterrorism officials familiar with the background of McConnell’s testimony said they did not believe he made inaccurate statements intentionally as part of any strategy by the administration to persuade Congress to make the new eavesdropping law permanent. Those officials said they believed McConnell gave the wrong answer because he was overwhelmed with information and merely mixed up his facts.[44]

Speaking at National Security Agency headquarters in Fort Meade, Maryland on September 19, 2007, President George W. Bush urged Congress to make the provisions of the Protect America Act permanent. Bush also called for retroactive immunity for telecommunications companies who had cooperated with government surveillance efforts, saying, “It’s particularly important for Congress to provide meaningful liability protection to those companies now facing multibillion-dollar lawsuits only because they are believed to have assisted in efforts to defend our nation, following the 9/11 attacks”.[45]

On October 4, 2007, the bipartisan Liberty and Security Committee of the Constitution Project, co-chaired by David Keene and David D. Cole, issued its “Statement on the Protect America Act”.[46] The Statement urged Congress not to reauthorize the PAA, saying the language of the bill “runs contrary to the tripartite balance of power the Framers envisioned for our constitutional democracy, and poses a serious threat to the very notion of government of the people, by the people and for the people”. Some in the legal community have questioned the constitutionality of any legislation that would retroactively immunize telecommunications firms alleged to have cooperated with the government from civil liability for having potentially violated their customers’ privacy rights.[