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The Pronk Pops Show 853, March 8, 2017, Story 1: Republicans United For Clean Repeal of Obamacare and Divided On Obamacare Replacement — Conservatives, Classical Liberals and Libertarians Oppose House Rollover Republican Ryancare — CATO Institute, Club for Growth, Freedom Works Heritage Foundation and House Freedom Caucus, Republican Study Committee and American People All Oppose Obamacare 2.0 Lite — Support Senator Rand Paul’s Bill and Freedom Caucus — Negotiate — Negotiate — Negotiate — Videos — Story 2: Wikileaks Vault 7 Release Reveals CIA’s Collection of Hacking Tools and Malware of Secret Surveillance Spying Security State (S5) — Intelligence Community Are Listening and Watching — George Orwell Was An Optimist — Two Party Turnkey Tyranny — Videos -_

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The Pronk Pops Show Podcasts

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

Pronk Pops Show 812: December 12, 2016

Pronk Pops Show 811: December 9, 2016

Pronk Pops Show 810: December 8, 2016

Pronk Pops Show 809: December 7, 2016

Pronk Pops Show 808: December 6, 2016

Pronk Pops Show 807: December 5, 2016

Pronk Pops Show 806: December 2, 2016

Pronk Pops Show 805: December 1, 2016

 

Story 1: Republicans United For Clean Repeal of Obamacare and Divided On Obamacare Replacement — Conservatives, Classical Liberals and Libertarians Oppose House Rollover Republican Ryancare — CATO Institute, Club for Growth, Freedom Works Heritage Foundation and House Freedom Caucus,  Republican Study Committee and American People  All Oppose Obamacare 2.0 Lite — Support Senator Rand Paul’s Bill and Freedom Caucus — Negotiate — Negotiate — Negotiate — Videos — 

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Conservative Freedom Caucus Torpedoes GOP Obamacare Replacement

MAJOR: Paul Ryan Introduces American Health Care Act, House GOP’s Obamacare Replacement

SABOTAGE! WHAT PAUL RYAN JUST DID TO TRUMPCARE PROVES HE’S A TRAITOR TO THE PRESIDENT

Speaker Paul Ryan: There isn’t chaos in GOP-led Congress

SEAN HANNITY INTERVIEWS TOM PRICE ABOUT TRUMP’S NEW HEALTHCARE PLAN – 3/7/17

Trump’s HHS Secretary On Obamacare Replacement Bill

Ingraham takes issue with GOP’s health care replacement bill

Herman Cain on Obamacare replacement bill: Consumers now back in charge

Laffer: Obamacare replacement bill worth 2,000-3,000 points on the Dow

President Trump Holds Meeting On Obamacare Replacement with House Deputy Whip Team 3/7/17

GOP releases Obamacare replacement details

York: Fate of GOP health care bill lies with Freedom Caucus

Republicans unveil Obamacare replacement

Trump backs healthcare tax credit amid conservative opposition

Sen. Rand Paul unveils ObamaCare replacement plan

Conservatives lash out at House GOP’s Obamacare replacement bill

March 7 at 3:01 PM
Influential conservative lawmakers and activist groups panned health-care legislation drafted by House Republican leaders Tuesday, throwing the GOP’s plan to undo the Affordable Care Act in serious doubt less than 24 hours after it was released.Those groups dubbed the House bill, backed by House Speaker Paul D. Ryan (R-Wis.), as “Obamacare Lite,” “RyanCare” or “RINOcare” — a reference to “Republican in name only,” a popular conservative epithet for establishment politicians.The Ryan-backed bill offers a more conservative vision for the nation’s health-care system, replacing federal insurance subsidies with a new form of individual tax credits and phasing out most of the ACA’s taxes. But key lawmakers and outside groups, who can rile up the party’s base against legislative plans, said the legislation does not go far enough in pulling back elements of President Barack Obama’s overhaul.“The House Republican proposal released last night not only accepts the flawed progressive premises of Obamacare but expands upon them,” Michael Needham, the head of Heritage Action for America, said in a statement Tuesday. “Congressional Republicans should fully repeal the failed law and begin a genuine effort to deliver on longstanding campaign promises that create a free market health care system.”Two other groups, FreedomWorks and the Club for Growth, decried the plans Tuesday as a betrayal of campaign promises.

A day after House Republicans released a plan to supplant the Affordable Care Act, Sen. Rand Paul (R-Ky.) outlined the issues he has with their proposal, indicating it might be unconstitutional. (Alice Li, Jayne Orenstein/The Washington Post)

“If this warmed-over substitute for government-run health care remains unchanged, the Club for Growth will key vote against it,” said the group’s president, David McIntosh, referring to a process in which lawmakers are graded on their votes, the better to use them as ammunition on the campaign trail.

The dilemma Republican congressional leaders face is, if they change the legislation to appease hard-line conservatives, they are likely to alienate more-moderate members who are wary of disrupting insurance markets and taking coverage away from those who gained it under the ACA.

The margin for dissent is slim: Assuming no Democrats break ranks to support the bill, for the overhaul to pass, Republicans can lose only 21 votes in the House and two votes in the Senate.

CONTENT FROM WELLS FARGO ADVISORS
Keep these factors in mind when planning for retirement
Understanding the risks that can come between you and the retirement you want is an important step toward meeting your goals.

Four key Republicans in the Senate have expressed worries about the plan’s possible impact on lower-income people who received Medicaid coverage through the ACA’s expansion of that program. The four senators are split on exactly what proposals would meet their standards, but none are likely to support the course of action favored by many conservatives — passing a 2015 bill that repealed key ACA provisions without immediately including replacement provisions.

There were some signs of hope for the House plan Tuesday. President Trump offered an early boost to GOP leaders with a morning tweet: “Our wonderful new Healthcare Bill is now out for review and negotiation. ObamaCare is a complete and total disaster — is imploding fast!”

Vice President Pence attended a Senate Republican policy luncheon Tuesday and, in a break with normal practice, joined Senate Majority Leader Mitch McConnell and other GOP leaders at a news conference afterward to defend the House approach as “the framework for reform.”

“We are certainly open to improvements and recommendations in the legislative process, but this is the bill, and the president supports the American Health Care Act,” he said. “We are looking forward to working very directly with leadership in the House and the Senate in the weeks ahead. We are very confident that the American Health Care Act, with their help, will be on the president’s desk.”

In another sign of the administration’s support, Health and Human Services Secretary Tom Price sent a letter Tuesday to the chairmen of the two House committees processing the legislation, calling it a “necessary and important first step toward fulfilling our promises to the American people.”

But Price, who authored a similar ACA replacement proposal when he served in the House, said that achieving all of Trump’s health-care goals “will require more than what is possible” in the current legislation, which is limited in its scope to take advantage of special budget rules allowing for easier Senate passage.

He specifically mentioned allowing insurance to be sold across state lines, pharmaceutical cost reductions and “medical legal reforms,” an apparent reference to long-standing GOP proposals to limit malpractice liability.

Senate Majority Leader Mitch McConnell (R-Ky.) offered measured support for the proposed legislation and said he would bring it to the Senate floor should it pass the House.

“I encourage every member to review [the legislation] because I hope to call it up when we receive it from the House,” McConnell said Tuesday on the Senate floor. “We’ve come a long way. We’ve got a lot further to go, but we’re making significant progress. Working arm in arm with the House and the new administration, we’re going to keep our promise to the American people.”

While some of the fiercest criticism came from hard-right activist groups that have dogged Republican congressional leaders for years, other more establishment-minded organs joined the chorus of dissent.

National Review published an editorial Tuesday that said the legislation was “a disappointment” and has “serious flaws even as a first step toward full repeal and replacement.”

Republicans, the influential conservative magazine said, “would be better off rallying behind a bill in which they really believe, even if Democrats kill it with a filibuster,than trying and failing to enact a bill that they support only tepidly.”

Leaders involved in drafting the bills sought to defend their plan against the onslaught of criticism, describing it as the product of months of internal discussions and saying its details could still change.

“We now have a bill that’s available for all to read,” said Rep. Greg Walden (R-Ore.), chairman of the House Energy and Commerce Committee, which helped craft one of them, at a news conference Tuesday. “I’d encourage them to do it. I’d encourage them to look against their own bills and what they’ve supported in the past. And then let’s have a thoughtful legislative discussion.”

Rep. Kevin Brady (R-Tex.), chairman of the House Ways and Means Committee, which produced the other bill, said: “As Republicans, we have a choice. We can act now, or we can keep fiddling around and squander this opportunity to repeal Obamacare and begin a new chapter of freedom for the American people. House Republicans are choosing to act now.”

Still, agitation among conservatives was evident Monday night and poured into Tuesday.

CONTENT FROM WELLS FARGO ADVISORS
Keep these factors in mind when planning for retirement
Understanding the risks that can come between you and the retirement you want is an important step toward meeting your goals.

“Keep the ‘Cadillac’ tax in place? Keep Medicaid in place until 2020?” said Rep. Jim Jordan (R-Ohio), a co-founder of the House Freedom Caucus, referring to high-priced health-care plans. “We didn’t have Medicaid expansion in the bill we sent to President Obama, but we have it in the one we send to President Trump? That makes no sense to me.”

“Obamacare 2.0,” tweeted Rep. Justin Amash (R-Mich.), a libertarian who frequently breaks with GOP leadership.

Under two bills drafted by separate House committees, the government would no longer penalize Americans for failing to have health insurance but would try to encourage people to maintain coverage by allowing insurers to impose a 30 percent surcharge for those who do not have continuous coverage.

The legislation would preserve two of the most popular features of the 2010 health-care law, letting young adults stay on their parents’ health plans until age 26 and forbidding insurers to deny coverage or charge more to people with preexisting medical problems. It would also target Planned Parenthood, rendering the women’s health organization ineligible for Medicaid reimbursements or federal family -planning grants — a key priority for antiabortion groups.

Taken together, the bills introduced Monday represent the Republicans’ first attempt — and best shot to date, with an ally in the White House — to translate into action seven years of talking points about demolishing the ACA.

At the same time, major aspects of the House GOP plan reflect the treacherous terrain that Republicans face to win enough votes within their own conferences in the GOP-controlled House and Senate.

The bills must address concerns of both conservatives worried about the plan’s cost and the notion it might enshrine a new federal entitlement, as well as more moderate members who want to ensure that their constituents, including those who received coverage under the ACA’s Medicaid expansion, retain access to affordable health care.

The Freedom Caucus, a block of roughly 30 House hard-liners who criticized earlier versions of the bill, is set to meet Tuesday night to discuss the health-care bill and perhaps develop a list of demands to present to GOP leaders.

Members of the Republican Study Committee, a larger conservative group, were already critical of key elements of the plan. “This is a Republican welfare entitlement,” reads an RSC analysis distributed late Monday, addressing the inclusion of refundable tax credits in the plan.

With no Democrats expected to vote to pass the bill and four House GOP seats vacant, Republicans can afford to lose no more than 21 members in the lower chamber.

In recognition of the close vote that is expected, House Majority Whip Steve Scalise (R-La.) and several deputy whips are expected to visit the White House Tuesday afternoon to discuss the health-care bill with Trump administration officials.

On Tuesday morning, Trump signaled the work on the proposal was not completely finished, referring to selling insurance across state lines and saying that change would come in “phase 2 & 3 of healthcare rollout.” The president also said he was “working on new system where there will be competition in the Drug Industry” that will lead prices to “come way down.”

Conservative critics of the measure had noted the plan’s exclusion of selling insurance across state lines. “The problems with this bill are not just what’s in it, but also what’s missing,” said McIntosh.

Yet attacks from the right were not the only challenge facing Republican leaders.

Four key Republican senators, all from states that opted to expand Medicaid under the ACA, said they would oppose any new plan that would leave millions of Americans uninsured.

“We will not support a plan that does not include stability for Medicaid expansion populations or flexibility for states,” Sens. Rob Portman (Ohio), Shelley Moore Capito (W.Va.), Cory Gardner (Colo.) and Lisa Murkowski (Alaska) wrote in a letter to McConnell on Monday.

The plan from House Republicans would substantially redesign Medicaid with the goal of balancing the GOP’s antipathy toward the ACA’s expansion of the program against the concerns of a significant cadre of Republican governors — and the lawmakers from their states — who fear losing millions of dollars that the law has funneled to help insure low-income residents.

Democrats, meanwhile, have given no indication that they intend to work with Republicans, and top party leaders decried the GOP plan Monday as a betrayal of everyday Americans. “Trumpcare doesn’t replace the Affordable Care Act, it forces millions of Americans to pay more for less care,” said Senate Minority Leader Charles E. Schumer (D-N.Y.).

In particular, the plan to target Planned Parenthood has already generated fierce pushback from Democrats and doubts from some Republicans who have noted that federal funds are already barred from funding abortions and that Planned Parenthood provides routine medical care to millions of American women.

https://www.washingtonpost.com/powerpost/house-leaders-brace-for-the-task-ahead-selling-obamacare-lite/2017/03/07/ab2f721e-02e5-11e7-ad5b-d22680e18d10_story.html?utm_term=.b64bbc38491c

A Disappointing Start

by THE EDITORS March 7, 2017 12:45 PM We believe that Obamacare should be repealed and replaced with policies that enable Americans to make their own decisions about what sort of health insurance to

We believe that Obamacare should be repealed and replaced with policies that enable Americans to make their own decisions about what sort of health insurance to buy, and that their options should include low-premium coverage that protects them against the risk of major financial setbacks resulting from health care. The legislation released last night by House Republicans is, even on the most charitable reading, only a first step toward that goal.

It does not repeal all of Obamacare, leaving many of its regulations in place. The apparent rationale for this omission is that eliminating the regulations would subject the legislation to a fatal Senate filibuster. We have recommended that Republicans defang the regulations by replacing Obamacare’s subsidies with a simple new tax credit that people could use to buy insurance governed by a new, lighter regulatory regime. That way Obamacare’s regulations would stay on the books but no longer hinder consumer choice. But Republicans shrank from this option, too.

We disagree with this tactical decision, which places Senate parliamentary rules — or, rather, places guesses about how those rules would operate — ahead of good health policy and making good on longstanding party promises. It also seems to us that Republicans would be better off rallying behind a bill in which they really believe, even if Democrats kill it with a filibuster, than trying and failing to enact a bill that they support only tepidly. That second outcome may now take place.

Moreover, the legislation has some serious flaws even as a first step toward full repeal and replacement. It eliminates Obamacare’s fines on people who go without insurance, but in their place creates a new surcharge for people who let their insurance lapse and then try to purchase a new policy. The goal is to keep healthy people from leaving the insurance rolls and thus destabilizing insurance markets.

The surcharge is a heavy-handed instrument: Insurers would be obligated to impose it regardless of their preferences. Yet the surcharge might not achieve its goal. A lot of healthy people might well decide to go without insurance and run the risk of paying a surcharge if they get sick later. The surcharge even undermines its own goal, since it would discourage healthy people who had already left the insurance rolls from getting back on them.

The bill has its good points. If the surcharge works, the deregulation in the bill would lower premiums. Many of Obamacare’s taxes would be repealed. Obamacare’s tax credits create high effective marginal tax rates for people in the lower middle class; the bill’s replacement tax credits would avoid this problem. Permissible contributions to and limits on health savings accounts would be loosened. Federal contributions to Medicaid would be capped, ending the perverse incentives that have for decades enabled the growth of the program. All in all, though, the bill is a disappointment. And it is not too late to get a second opinion.

All in all, though, the bill is a disappointment. And it is not too late to get a second opinion.

 http://www.nationalreview.com/article/445558/obamacare-replacement-republican-plan-house-representatives-disappointing

Story 2: Wikileaks Vault 7 Release Reveals CIA’s Collection of Hacking Tools and Malware of Secret Surveillance Spying Security State (S5) — Intelligence Community Are Listening and Watching — George Orwell Was An Optimist — Two Party Turnkey Tyranny — Videos — 

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Ari Fleischer on CIA leaks, wiretapping claims

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Wikileaks Unveils ‘Vault 7’: “The Largest Ever Publication Of Confidential CIA Documents”; Another Snowden Emerges

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WikiLeaks has published what it claims is the largest ever release of confidential documents on the CIA. It includes more than 8,000 documents as part of ‘Vault 7’, a series of leaks on the agency, which have allegedly emerged from the CIA’s Center For Cyber Intelligence in Langley, and which can be seen on the org chart below, which Wikileaks also released:

A total of 8,761 documents have been published as part of ‘Year Zero’, the first in a series of leaks the whistleblower organization has dubbed ‘Vault 7.’ WikiLeaks said that ‘Year Zero’ revealed details of the CIA’s “global covert hacking program,” including “weaponized exploits” used against company products including “Apple’s iPhone, Google’s Android and Microsoft’s Windows and even Samsung TVs, which are turned into covert microphones.”

WikiLeaks tweeted the leak, which it claims came from a network inside the CIA’s Center for Cyber Intelligence in Langley, Virginia.

Among the more notable disclosures which, if confirmed, “would rock the technology world“, the CIA had managed to bypass encryption on popular phone and messaging services such as Signal, WhatsApp and Telegram. According to the statement from WikiLeaks, government hackers can penetrate Android phones and collect “audio and message traffic before encryption is applied.”

Another profound revelation is that the CIA can engage in “false flag” cyberattacks which portray Russia as the assailant. Discussing the CIA’s Remote Devices Branch’s UMBRAGE group, Wikileaks’ source notes that it “collects and maintains a substantial library of attack techniques ‘stolen’ from malware produced in other states including the Russian Federation.

“With UMBRAGE and related projects the CIA cannot only increase its total number of attack types but also misdirect attribution by leaving behind the “fingerprints” of the groups that the attack techniques were stolen from. UMBRAGE components cover keyloggers, password collection, webcam capture, data destruction, persistence, privilege escalation, stealth, anti-virus (PSP) avoidance and survey techniques.”

As Kim Dotcom summarizes this finding, “CIA uses techniques to make cyber attacks look like they originated from enemy state. It turns DNC/Russia hack allegation by CIA into a JOKE

CIA uses techniques to make cyber attacks look like they originated from enemy state. It turns DNC/Russia hack allegation by CIA into a JOKE

But perhaps what is most notable is the purported emergence of another Snowden-type whistleblower: the source of the information told WikiLeaks in a statement that they wish to initiate a public debate about the “security, creation, use, proliferation and democratic control of cyberweapons.”  Policy questions that should be debated in public include “whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency,” WikiLeaks claims the source said.

The FAQ section of the release, shown below, provides further details on the extent of the leak, which was “obtained recently and covers through 2016”. The time period covered in the latest leak is between the years 2013 and 2016, according to the CIA timestamps on the documents themselves. Secondly, WikiLeaks has asserted that it has not mined the entire leak and has only verified it, asking that journalists and activists do the leg work.

Among the various techniques profiled by WikiLeaks is “Weeping Angel”, developed by the CIA’s Embedded Devices Branch (EDB), which infests smart TVs, transforming them into covert microphones. After infestation, Weeping Angel places the target TV in a ‘Fake-Off’ mode, so that the owner falsely believes the TV is off when it is on. In ‘Fake-Off’ mode the TV operates as a bug, recording conversations in the room and sending them over the Internet to a covert CIA server.

As Kim Dotcom chimed in on Twitter, “CIA turns Smart TVs, iPhones, gaming consoles and many other consumer gadgets into open microphones” and added ” CIA turned every Microsoft Windows PC in the world into spyware. Can activate backdoors on demand, including via Windows update”

BREAKING: CIA turns Smart TVs, iPhones, gaming consoles and many other consumer gadgets into open microphones.

Dotcom also added that “Obama accused Russia of cyberattacks while his CIA turned all internet enabled consumer electronics in Russia into listening devices. Wow!”

Obama accused Russia of cyberattacks while his CIA turned all internet enabled consumer electronics in Russia into listening devices. Wow!

Julian Assange, WikiLeaks editor stated that “There is an extreme proliferation risk in the development of cyber ‘weapons’. Comparisons can be drawn between the uncontrolled proliferation of such ‘weapons’, which results from the inability to contain them combined with their high market value, and the global arms trade. But the significance of “Year Zero” goes well beyond the choice between cyberwar and cyberpeace. The disclosure is also exceptional from a political, legal and forensic perspective.”

Key Highlights from the Vault 7 release so far:

  • “Year Zero” introduces the scope and direction of the CIA’s global covert hacking program, its malware arsenal and dozens of “zero day” weaponized exploits against a wide range of U.S. and European company products, include Apple’s iPhone, Google’s Android and Microsoft’s Windows and even Samsung TVs, which are turned into covert microphones.
  • Wikileaks claims that the CIA lost control of the majority of its hacking arsenal including malware, viruses, trojans, weaponized “zero day” exploits, malware remote control systems and associated documentation. This extraordinary collection, which amounts to more than several hundred million lines of code, gives its possessor the entire hacking capacity of the CIA. The archive appears to have been circulated among former U.S. government hackers and contractors in an unauthorized manner, one of whom has provided WikiLeaks with portions of the archive.
  • By the end of 2016, the CIA’s hacking division, which formally falls under the agency’s Center for Cyber Intelligence (CCI), had over 5000 registered users and had produced more than a thousand hacking systems, trojans, viruses, and other “weaponized” malware. Such is the scale of the CIA’s undertaking that by 2016, its hackers had utilized more code than that used to run Facebook.
  • The CIA had created, in effect, its “own NSA” with even less accountability and without publicly answering the question as to whether such a massive budgetary spend on duplicating the capacities of a rival agency could be justified.
  • Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by rival states, cyber mafia and teenage hackers alike.

Snowden 2.0?

  • In a statement to WikiLeaks the source details policy questions that they say urgently need to be debated in public, including whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency. The source wishes to initiate a public debate about the security, creation, use, proliferation and democratic control of cyberweapons.

CIA targets iPhones, Androids, smart TVs:

  • CIA malware and hacking tools are built by EDG (Engineering Development Group), a software development group within CCI (Center for Cyber Intelligence), a department belonging to the CIA’s DDI (Directorate for Digital Innovation). The DDI is one of the five major directorates of the CIA (see this organizational chart of the CIA for more details).
  • The increasing sophistication of surveillance techniques has drawn comparisons with George Orwell’s 1984, but “Weeping Angel”, developed by the CIA’s Embedded Devices Branch (EDB), which infests smart TVs, transforming them into covert microphones, is surely its most emblematic realization.

Also cars, suggesting that the CIA may have a role in the death of Michael Hastings:

  • As of October 2014 the CIA was also looking at infecting the vehicle control systems used by modern cars and trucks.
  • The purpose of such control is not specified, but it would permit the CIA to engage in nearly undetectable assassinations.

And computers:

  • The CIA also runs a very substantial effort to infect and control Microsoft Windows users with its malware. This includes multiple local and remote weaponized “zero days”, air gap jumping viruses such as “Hammer Drill” which infects software distributed on CD/DVDs, infectors for removable media such as USBs, systems to hide data in images or in covert disk areas ( “Brutal Kangaroo”) and to keep its malware infestations going.

Hoarding of Zero Day exploits:

  • In the wake of Edward Snowden’s leaks about the NSA, the U.S. technology industry secured a commitment from the Obama administration that the executive would disclose on an ongoing basis — rather than hoard — serious vulnerabilities, exploits, bugs or “zero days” to Apple, Google, Microsoft, and other US-based manufacturers.
  • Serious vulnerabilities not disclosed to the manufacturers places huge swathes of the population and critical infrastructure at risk to foreign intelligence or cyber criminals who independently discover or hear rumors of the vulnerability. If the CIA can discover such vulnerabilities so can others.

Proliferation of leaked/hacked Cyberwar programs:

  • While nuclear proliferation has been restrained by the enormous costs and visible infrastructure involved in assembling enough fissile material to produce a critical nuclear mass, cyber ‘weapons’, once developed, are very hard to retain. Cyber ‘weapons’ are in fact just computer programs which can be pirated like any other. Since they are entirely comprised of information they can be copied quickly with no marginal cost.
  • Over the last three years the United States intelligence sector, which consists of government agencies such as the CIA and NSA and their contractors, such as Booze Allan Hamilton, has been subject to unprecedented series of data exfiltrations by its own workers.
  • Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by peer states, cyber mafia and teenage hackers alike.

The U.S. Consulate in Frankfurt is a covert CIA hacker base

  • In addition to its operations in Langley, Virginia the CIA also uses the U.S. consulate in Frankfurt as a covert base for its hackers covering Europe, the Middle East and Africa. CIA hackers operating out of the Frankfurt consulate ( “Center for Cyber Intelligence Europe” or CCIE) are given diplomatic (“black”) passports and State Department cover.
  • The instructions for incoming CIA hackers make Germany’s counter-intelligence efforts appear inconsequential: “Breeze through German Customs because you have your cover-for-action story down pat, and all they did was stamp your passport”

Examples of CIA projects

  • The CIA’s Engineering Development Group (EDG) management system contains around 500 different projects (only some of which are documented by “Year Zero”) each with their own sub-projects, malware and hacker tools. The majority of these projects relate to tools that are used for penetration, infestation (“implanting”), control, and exfiltration.
  • Umbrage: The CIA’s Remote Devices Branch’s UMBRAGE group collects and maintains a substantial library of attack techniques ‘stolen’ from malware produced in other states including the Russian Federation. With UMBRAGE and related projects the CIA cannot only increase its total number of attack types but also misdirect attribution by leaving behind the “fingerprints” of the groups that the attack techniques were stolen from.
  • Fine Dining:  Fine Dining comes with a standardized questionnaire i.e menu that CIA case officers fill out. The questionnaire is used by the agency’s OSB (Operational Support Branch) to transform the requests of case officers into technical requirements for hacking attacks (typically “exfiltrating” information from computer systems) for specific operations.  Among the list of possible targets of the collection are ‘Asset’, ‘Liason Asset’, ‘System Administrator’, ‘Foreign Information Operations’, ‘Foreign Intelligence Agencies’ and ‘Foreign Government Entities’. Notably absent is any reference to extremists or transnational criminals.
  • ‘Improvise’; a toolset for configuration, post-processing, payload setup and execution vector selection for survey/exfiltration tools supporting all major operating systems like Windows (Bartender), MacOS (JukeBox) and Linux (DanceFloor).
  • HIVE: HIVE is a multi-platform CIA malware suite and its associated control software. The project provides customizable implants for Windows, Solaris, MikroTik (used in internet routers) and Linux platforms and a Listening Post (LP)/Command and Control (C2) infrastructure to communicate with these implants. The implants are configured to communicate via HTTPS with the webserver of a cover domain; each operation utilizing these implants has a separate cover domain and the infrastructure can handle any number of cover domains.

And some key sections from the FAQ:

  • What time period is covered? The years 2013 to 2016. The sort order of the pages within each level is determined by date (oldest first). WikiLeaks has obtained the CIA’s creation/last modification date for each page but these do not yet appear for technical reasons. Usually the date can be discerned or approximated from the content and the page order. If it is critical to know the exact time/date contact WikiLeaks.
  • What is “Vault 7” “Vault 7” is a substantial collection of material about CIA activities obtained by WikiLeaks.
  • What is the total size of “Vault 7”? The series is the largest intelligence publication in history.
  • When was each part of “Vault 7” obtained?: Part one was obtained recently and covers through 2016. Details on the other parts will be available at the time of publication.
  • Is each part of “Vault 7” from a different source? Details on the other parts will be available at the time of publication.
  • How did WikiLeaks obtain each part of “Vault 7”? Sources trust WikiLeaks to not reveal information that might help identify them.
  • Isn’t WikiLeaks worried that the CIA will act against its staff to stop the series? No. That would be certainly counter-productive.

* * *

PREVIOUSLY

As a reminder, last night Wikileaks announced that it has released an encrypted torrent file which reportedly contains information on the mysterious “Vault 7”, and which we now know is the biggest “collection of material about CIA activities obtained by WikiLeaks.publication in history.” It can be downloaded now at the following URL, and accessed using the password “SplinterItIntoAThousandPiecesAndScatterItIntoTheWinds”

Wikileaks had previously announced that it would hold an 8am Eastern press conference, as part of the unveiling.

ANNOUNCE: WikiLeaks press conference in under five hours at 8am ET / 1pm UTC / 14:00 CET. Streamed live.

However, there appeared to have been some complications, with Wikileaks tweeting that “the press conference is under attack: Facebook+Periscope video used by WikiLeaks’ editor Julian Assange have been attacked. Activating contingency plans”

Press conf under attack: Facebook+Periscope video used by WikiLeaks’ editor Julian Assange have been attacked. Activating contingency (1/2)

Wikileaks then announced that “As Mr. Assange’s Perscipe+Facebook video stream links are under attack his video press conference will be rescheduled.”

NOTICE: As Mr. Assange’s Perscipe+Facebook video stream links are under attack his video press conference will be rescheduled.

In a separate tweet, Wikileaks has just released the passphrase to decrypt the torrent file: RELEASE: CIA Vault 7 Year Zero decryption passphrase:

SplinterItIntoAThousandPiecesAndScatterItIntoTheWinds

RELEASE: CIA Vault 7 Year Zero decryption passphrase:

SplinterItIntoAThousandPiecesAndScatterItIntoTheWinds

As a result, since Assange appears to have been unable to launch his previously scheduled press conference, he has gone ahead and issued the press release on Vault 7 Part 1 “Year Zero, which is titled: Inside the CIA’s global hacking force:

Press Release

Vault 7: CIA Hacking Tools Revealed

Today, Tuesday 7 March 2017, WikiLeaks begins its new series of leaks on the U.S. Central Intelligence Agency. Code-named “Vault 7” by WikiLeaks, it is the largest ever publication of confidential documents on the agency.

The first full part of the series, “Year Zero”, comprises 8,761 documents and files from an isolated, high-security network situated inside the CIA’s Center for Cyber Intelligence in Langley, Virgina. It follows an introductory disclosure last month of CIA targeting French political parties and candidates in the lead up to the 2012 presidential election.

Recently, the CIA lost control of the majority of its hacking arsenal including malware, viruses, trojans, weaponized “zero day” exploits, malware remote control systems and associated documentation. This extraordinary collection, which amounts to more than several hundred million lines of code, gives its possessor the entire hacking capacity of the CIA. The archive appears to have been circulated among former U.S. government hackers and contractors in an unauthorized manner, one of whom has provided WikiLeaks with portions of the archive.

“Year Zero” introduces the scope and direction of the CIA’s global covert hacking program, its malware arsenal and dozens of “zero day” weaponized exploits against a wide range of U.S. and European company products, include Apple’s iPhone, Google’s Android and Microsoft’s Windows and even Samsung TVs, which are turned into covert microphones.

Since 2001 the CIA has gained political and budgetary preeminence over the U.S. National Security Agency (NSA). The CIA found itself building not just its now infamous drone fleet, but a very different type of covert, globe-spanning force — its own substantial fleet of hackers. The agency’s hacking division freed it from having to disclose its often controversial operations to the NSA (its primary bureaucratic rival) in order to draw on the NSA’s hacking capacities.

By the end of 2016, the CIA’s hacking division, which formally falls under the agency’s Center for Cyber Intelligence (CCI), had over 5000 registered users and had produced more than a thousand hacking systems, trojans, viruses, and other “weaponized” malware. Such is the scale of the CIA’s undertaking that by 2016, its hackers had utilized more code than that used to run Facebook. The CIA had created, in effect, its “own NSA” with even less accountability and without publicly answering the question as to whether such a massive budgetary spend on duplicating the capacities of a rival agency could be justified.

In a statement to WikiLeaks the source details policy questions that they say urgently need to be debated in public, including whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency. The source wishes to initiate a public debate about the security, creation, use, proliferation and democratic control of cyberweapons.

Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by rival states, cyber mafia and teenage hackers alike.

Julian Assange, WikiLeaks editor stated that “There is an extreme proliferation risk in the development of cyber ‘weapons’. Comparisons can be drawn between the uncontrolled proliferation of such ‘weapons’, which results from the inability to contain them combined with their high market value, and the global arms trade. But the significance of “Year Zero” goes well beyond the choice between cyberwar and cyberpeace. The disclosure is also exceptional from a political, legal and forensic perspective.”

Wikileaks has carefully reviewed the “Year Zero” disclosure and published substantive CIA documentation while avoiding the distribution of ‘armed’ cyberweapons until a consensus emerges on the technical and political nature of the CIA’s program and how such ‘weapons’ should analyzed, disarmed and published.

Wikileaks has also decided to redact and anonymise some identifying information in “Year Zero” for in depth analysis. These redactions include ten of thousands of CIA targets and attack machines throughout Latin America, Europe and the United States. While we are aware of the imperfect results of any approach chosen, we remain committed to our publishing model and note that the quantity of published pages in “Vault 7” part one (“Year Zero”) already eclipses the total number of pages published over the first three years of the Edward Snowden NSA leaks.

* * *

Analysis

CIA malware targets iPhone, Android, smart TVs

CIA malware and hacking tools are built by EDG (Engineering Development Group), a software development group within CCI (Center for Cyber Intelligence), a department belonging to the CIA’s DDI (Directorate for Digital Innovation). The DDI is one of the five major directorates of the CIA (see this organizational chart of the CIA for more details).

The EDG is responsible for the development, testing and operational support of all backdoors, exploits, malicious payloads, trojans, viruses and any other kind of malware used by the CIA in its covert operations world-wide.

The increasing sophistication of surveillance techniques has drawn comparisons with George Orwell’s 1984, but “Weeping Angel”, developed by the CIA’s Embedded Devices Branch (EDB), which infests smart TVs, transforming them into covert microphones, is surely its most emblematic realization.

The attack against Samsung smart TVs was developed in cooperation with the United Kingdom’s MI5/BTSS. After infestation, Weeping Angel places the target TV in a ‘Fake-Off’ mode, so that the owner falsely believes the TV is off when it is on. In ‘Fake-Off’ mode the TV operates as a bug, recording conversations in the room and sending them over the Internet to a covert CIA server.

As of October 2014 the CIA was also looking at infecting the vehicle control systems used by modern cars and trucks. The purpose of such control is not specified, but it would permit the CIA to engage in nearly undetectable assassinations.

The CIA’s Mobile Devices Branch (MDB) developed numerous attacks to remotely hack and control popular smart phones. Infected phones can be instructed to send the CIA the user’s geolocation, audio and text communications as well as covertly activate the phone’s camera and microphone.

Despite iPhone’s minority share (14.5%) of the global smart phone market in 2016, a specialized unit in the CIA’s Mobile Development Branch produces malware to infest, control and exfiltrate data from iPhones and other Apple products running iOS, such as iPads. CIA’s arsenal includes numerous local and remote “zero days” developed by CIA or obtained from GCHQ, NSA, FBI or purchased from cyber arms contractors such as Baitshop. The disproportionate focus on iOS may be explained by the popularity of the iPhone among social, political, diplomatic and business elites.

A similar unit targets Google’s Android which is used to run the majority of the world’s smart phones (~85%) including Samsung, HTC and Sony. 1.15 billion Android powered phones were sold last year. “Year Zero” shows that as of 2016 the CIA had 24 “weaponized” Android “zero days” which it has developed itself and obtained from GCHQ, NSA and cyber arms contractors.

These techniques permit the CIA to bypass the encryption of WhatsApp, Signal, Telegram, Wiebo, Confide and Cloackman by hacking the “smart” phones that they run on and collecting audio and message traffic before encryption is applied.

CIA malware targets Windows, OSx, Linux, routers

The CIA also runs a very substantial effort to infect and control Microsoft Windows users with its malware. This includes multiple local and remote weaponized “zero days”, air gap jumping viruses such as “Hammer Drill” which infects software distributed on CD/DVDs, infectors for removable media such as USBs, systems to hide data in images or in covert disk areas ( “Brutal Kangaroo”) and to keep its malware infestations going.

Many of these infection efforts are pulled together by the CIA’s Automated Implant Branch (AIB), which has developed several attack systems for automated infestation and control of CIA malware, such as “Assassin” and “Medusa”.

Attacks against Internet infrastructure and webservers are developed by the CIA’s Network Devices Branch (NDB).

The CIA has developed automated multi-platform malware attack and control systems covering Windows, Mac OS X, Solaris, Linux and more, such as EDB’s “HIVE” and the related “Cutthroat” and “Swindle” tools, which are described in the examples section below.

CIA ‘hoarded’ vulnerabilities (“zero days”)

In the wake of Edward Snowden’s leaks about the NSA, the U.S. technology industry secured a commitment from the Obama administration that the executive would disclose on an ongoing basis — rather than hoard — serious vulnerabilities, exploits, bugs or “zero days” to Apple, Google, Microsoft, and other US-based manufacturers.

Serious vulnerabilities not disclosed to the manufacturers places huge swathes of the population and critical infrastructure at risk to foreign intelligence or cyber criminals who independently discover or hear rumors of the vulnerability. If the CIA can discover such vulnerabilities so can others.

The U.S. government’s commitment to the Vulnerabilities Equities Process came after significant lobbying by US technology companies, who risk losing their share of the global market over real and perceived hidden vulnerabilities. The government stated that it would disclose all pervasive vulnerabilities discovered after 2010 on an ongoing basis.

“Year Zero” documents show that the CIA breached the Obama administration’s commitments. Many of the vulnerabilities used in the CIA’s cyber arsenal are pervasive and some may already have been found by rival intelligence agencies or cyber criminals.

As an example, specific CIA malware revealed in “Year Zero” is able to penetrate, infest and control both the Android phone and iPhone software that runs or has run presidential Twitter accounts. The CIA attacks this software by using undisclosed security vulnerabilities (“zero days”) possessed by the CIA but if the CIA can hack these phones then so can everyone else who has obtained or discovered the vulnerability. As long as the CIA keeps these vulnerabilities concealed from Apple and Google (who make the phones) they will not be fixed, and the phones will remain hackable.

The same vulnerabilities exist for the population at large, including the U.S. Cabinet, Congress, top CEOs, system administrators, security officers and engineers. By hiding these security flaws from manufacturers like Apple and Google the CIA ensures that it can hack everyone &mdsh; at the expense of leaving everyone hackable.

‘Cyberwar’ programs are a serious proliferation risk

Cyber ‘weapons’ are not possible to keep under effective control.

While nuclear proliferation has been restrained by the enormous costs and visible infrastructure involved in assembling enough fissile material to produce a critical nuclear mass, cyber ‘weapons’, once developed, are very hard to retain.

Cyber ‘weapons’ are in fact just computer programs which can be pirated like any other. Since they are entirely comprised of information they can be copied quickly with no marginal cost.

Securing such ‘weapons’ is particularly difficult since the same people who develop and use them have the skills to exfiltrate copies without leaving traces — sometimes by using the very same ‘weapons’ against the organizations that contain them. There are substantial price incentives for government hackers and consultants to obtain copies since there is a global “vulnerability market” that will pay hundreds of thousands to millions of dollars for copies of such ‘weapons’. Similarly, contractors and companies who obtain such ‘weapons’ sometimes use them for their own purposes, obtaining advantage over their competitors in selling ‘hacking’ services.

Over the last three years the United States intelligence sector, which consists of government agencies such as the CIA and NSA and their contractors, such as Booze Allan Hamilton, has been subject to unprecedented series of data exfiltrations by its own workers.

A number of intelligence community members not yet publicly named have been arrested or subject to federal criminal investigations in separate incidents.

Most visibly, on February 8, 2017 a U.S. federal grand jury indicted Harold T. Martin III with 20 counts of mishandling classified information. The Department of Justice alleged that it seized some 50,000 gigabytes of information from Harold T. Martin III that he had obtained from classified programs at NSA and CIA, including the source code for numerous hacking tools.

Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by peer states, cyber mafia and teenage hackers alike.

http://www.zerohedge.com/news/2017-03-07/wikileaks-hold-press-conference-vault-7-release-8am-eastern

WikiLeaks Posts Thousands of Purported CIA Cyberhacking Documents

Records show CIA able to spy on smartphones, internet TVs

WikiLeaks released thousands of documents and files Tuesday that it said exposed hacking tools the Central Intelligence Agency uses.

WikiLeaks released thousands of documents and files Tuesday that it said exposed hacking tools the Central Intelligence Agency uses.PHOTO: LARRY DOWNING/REUTERS

WASHINGTON—WikiLeaks released thousands of documents and files Tuesday that it said exposed tools the Central Intelligence Agency uses to hack smartphones, computer operating systems, messenger applications and internet-connected televisions.

The unauthorized disclosure—the first part of which WikiLeaks said consisted of 8,761 documents and files from the CIA’s Center for Cyber Intelligence—confronts President Donald Trump with a threat from the very organization that leaked documents on his opponent, Democrat Hillary Clinton, during the 2016 presidential campaign.

WikiLeaks named the series of files “Vault 7” and called the unauthorized disclosure the “largest ever publication of confidential documents on the agency,” saying it exposed the malware and exploits the agency amassed to hack smartphones and turn some televisions into covert microphones.

A CIA spokesman declined to comment “on the authenticity or content of purported intelligence documents.”

An intelligence source said some of the information does pertain to tools that the CIA uses to hack computers and other devices. This person said disclosing the information would jeopardize ongoing intelligence-gathering operations and the revelations were far more significant than the leaks of Edward Snowden, a former contractor for the National Security Agency who exposed active surveillance programs in 2013.

Mr. Snowden’s leaks revealed names of programs, companies that assist the NSA in surveillance and in some cases the targets of American spying. But the recent leak purports to contain highly technical details about how surveillance is carried out. That would make them far more revealing and useful to an adversary, this person said.

In one sense, Mr. Snowden provided a briefing book on U.S. surveillance, but the CIA leaks could provide the blueprints.

WikiLeaks said in its statement that it was not publishing such information as computer source code that could be used to replicate the tools it claims to have exposed. But the group left open the possibility of publishing those crucial details if “a consensus emerges on the technical and political nature of the CIA’s program and how such ‘weapons’ should [sic] analyzed, disarmed and published.”

Mr. Snowden said in a tweet Tuesday, “Still working through the publication, but what @Wikileaks has here is genuinely a big deal. Looks authentic.”

WikiLeaks said the CIA recently “lost control” of the majority of its hacking arsenal. “This extraordinary collection, which amounts to more than several hundred million lines of code, gives its possessor the entire hacking capacity of the CIA,” the site said in a statement. “The archive appears to have been circulating among former U.S. government hackers and contractors in an unauthorized manner, one of whom has provided WikiLeaks with portions of the archive.”

The website put out what it called the first installment in a series of planned leaks on Tuesday, calling it “Year Zero.” It said the first installment “introduces the scope and direction of the CIA’s global covert hacking program, its malware arsenal and dozens of ‘zero day’ weaponized exploits against a wide range of U.S. and European company products.”

WikiLeaks said the information on CIA hacking came from an unidentified source who believes the spy agency’s hacking authorities “urgently need to be debated in public, including whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency.”

Much of what WikiLeaks posted Tuesday appeared to be a kind of internal Wikipedia for U.S. cyber-warfare developers to collaborate, post and access information about available hacking tools. In many instances, WikiLeaks has redacted entries that appear to link to specific executable files. The documents show, for example, what capabilities exist to bypass antivirus software, with a different entry for each antivirus company.

The revelations are sure to fuel an ongoing debate over whether intelligence agencies that discover security flaws in popular technology should disclose them, so that the users can defend themselves from hackers, or keep that information secret for use in intelligence operations.

One document claims that the CIA has discovered numerous ways to hack into versions of Apple’s iOS, the mobile operating system used on iPhones. In general, hacking tools for the iPhone are considered especially valuable because the technology is so widely used, experts said. One particular hacking tool appears to remain on an iPhone even after it has been rebooted, which would make it particularly valuable to an intruder.

“These documents, which appear to be authentic, show that the intelligence community has deliberately maintained vulnerabilities in the most common devices used by hundreds of millions of people,” Ben Wizner, the director of the Speech, Privacy, and Technology Project at the American Civil Liberties Union, said in a statement.

“Those vulnerabilities will be exploited not just by our security agencies, but by hackers and governments around the world. The government has the capacity and obligation to help technology companies fix vulnerabilities as soon as they are discovered,” Mr. Wizner said.

This is the latest high-profile leak of information by WikiLeaks, which last fall published emails stolen from Mrs. Clinton’s campaign chairman, John Podesta. U.S. intelligence agencies concluded that Russian government hackers stole those emails and provided them to WikiLeaks.

WikiLeaks said the documents show the CIA’s ability to bypass the encryption of popular messenger applications, including WhatsApp, Signal, Telegram and Confide by hacking the smartphones they run on and collecting audio and message traffic before the applications encrypt the user’s texts.

The site said the documents also show how the CIA developed other mobile hacking technologies, including the ability to activate the camera and microphone of a target’s smartphone covertly and surreptitiously retrieve a target’s geolocation, audio and text communications.

WikiLeaks said one of the documents also shows how the CIA developed a program to hack internet-connected televisions in conjunction with British intelligence. The attacks can place Samsung smart TVs in a fake off mode, so the owner believes the television is switched off, while in reality it is functioning as a bug and recording conversations in the room, WikiLeaks said.

https://www.wsj.com/articles/wikileaks-posts-thousands-of-purported-cia-cyberhacking-documents-1488905823

WikiLeaks publishes massive trove of CIA spying files in ‘Vault 7’ release

Julian Assange claims that documents are the most comprehensive CIA release ever and are far larger than the Snowden files

The Independent Tech

WikiLeaks has published a huge trove of what appear to be CIA spying secrets.

The files are the most comprehensive release of US spying files ever made public, according to Julian Assange. In all, there are 8,761 documents that account for “the entire hacking capacity of the CIA”, Mr Assange claimed in a release, and the trove is just the first of a series of “Vault 7” leaks.

Already, the files include far more pages than the Snowden files that exposed the vast hacking power of the NSA and other agencies.

 In publishing the documents, WikiLeaks had ensured that the CIA had “lost control of its arsenal”, he claimed. That included a range of software and exploits that if real could allow unparalleled control of computers around the world.

It includes software that could allow people to take control of the most popular consumer electronics products used today, claimed WikiLeaks.

“‘Year Zero’ introduces the scope and direction of the CIA’s global covert hacking program, its malware arsenal and dozens of “zero day” weaponized exploits against a wide range of U.S. and European company products, include Apple’s iPhone, Google’s Android and Microsoft’s Windows and even Samsung TVs, which are turned into covert microphones,” the organisation said in a release.

The public files don’t include the cyber weapons themselves, according to a statement. The organisation will refrain from distributing “armed” software “until a consensus emerges on the technical and political nature of the CIA’s program and how such ‘weapons’ should analyzed, disarmed and published”, it said.

The files were made available by a source who intended for them to start a conversation about whether the CIA had gained too much power, according to the organisation.

“In a statement to WikiLeaks the source details policy questions that they say urgently need to be debated in public, including whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency,” a release read. “The source wishes to initiate a public debate about the security, creation, use, proliferation and democratic control of cyberweapons.”

It also redacts the details of some of the names, locations and targets that are identified in the documents.

The organisation had teased the release in advance with strange messages about the release being “Year Zero”, and references to “Vault 7”. It had planned to release the files later on but that plan was thrown off when its press conference came under cyber attack, Mr Assange claimed.

http://www.independent.co.uk/life-style/gadgets-and-tech/news/wikileaks-cia-vault-7-julian-assange-year-zero-documents-download-spying-secrets-a7616031.html

WikiLeaks releases ‘entire hacking capacity of the CIA’

Gutfeld: ‘Day Without a Woman’ strike sends wrong message

WikiLeaks on Tuesday released what it said is the full hacking capacity of the CIA in a stunning 8,000-plus page disclosure the anti-secrecy website contends is “the largest ever publication of confidential documents on the agency.”

The 8,761 documents and files — released as “Vault 7 Part 1” and titled “Year Zero” — were obtained from an “isolated, high-security network” at the CIA’s Center for Cyber Intelligence in Langley, Va., a press release from the website said. The trove had been “circulated among former U.S. government hackers and contractors,” one of whom “recently” gave the archive to WikiLeaks. The CIA allegedly employs more than 5,000 people in its cyber spying operation and had produced more than 1,000 programs as of 2016.

“We do not comment on the authenticity or content of purported intelligence documents,” a CIA spokesperson told Fox News.

The collection of purported intelligence documents includes information on CIA-developed malware — bearing names such as “Assassin” and “Medusa” — intended to target iPhones, Android phones, smart TVs and Microsoft, Mac and Linux operating systems, among others. An entire unit in the CIA is devoted to inventing programs to hack data from Apple products, according to WikiLeaks.

WIKILEAKS OFFERS REWARD FOR INFO ON OBAMA MISDEEDS

Some of the remote hacking programs can allegedly turn numerous electronic devices into recording and transmitting stations to spy on their targets, with the information then sent back to secret CIA servers. One document appears to show the CIA was trying to “infect” vehicle control systems in cars and trucks for unspecified means.

WikiLeaks hinted that the capabilites revealed in Tuesday’s disclosure could have even darker utility than simply spying.

“It would permit the CIA to engage in nearly undetectable assassinations,” the release stated.

WikiLeaks confirms CIA can effectively bypass Signal + Telegram + WhatsApp + Confide encryptionhttps://wikileaks.org/ciav7p1 

FLASHBACK: WIKILEAKS REVEALS CLINTON ‘HITS’ FILE ON SANDERS

The site said the CIA additionally failed to disclose security vulnerabilities and bugs to major U.S. software manufacturers, violating an Obama administration commitment made in January 2014. Instead, the agency used the software vulnerabilities — which could also be exploited by rival agencies, nations and groups — for its own ends, WikiLeaks said.

CIA hackers celebrated what they saw as the financial largesse of Obama towards them with “Make It Rain” gifhttps://wikileaks.org/ciav7p1/cms/files/makeitrain.gif 

“As an example, specific CIA malware revealed in ‘Year Zero’ is able to penetrate, infest and control both the Android phone and iPhone software that runs or has run presidential Twitter accounts,” the WikiLeaks release stated.

Digital rights non-profit Access Now said in a statement on Tuesday it was “fantasy to believe only the ‘good guys'” would be able to use the discovered vulnerabilities.

“Today, our digital security has been compromised because the CIA has been stockpiling vulnerabilities rather than working with companies to patch them,” Senior Legislative Manager Nathan White said.

The CIA allegedly also maintains a database of malware created in other nations — WikiLeaks specifically cites Russia — in order to disguise its own hacking attempts as the work of another group.

In what is described by WikiLeaks as “one of the most astounding intelligence own goals in living memory,” the CIA is said to have made most of its programs unclassified to avoid legal consequences for transmitting classified information through the Internet — a move that increased the risk of outside groups pirating the cyber spying tools.

WikiLeaks also revealed the U.S. Consulate in Frankfurt is a hacking base, and the website provided the methods by which agents obfuscate customs officers to gain entry to Germany, pretending to provide technical consultation.

WikiLeaks said its source released the files because they believed questions surrounding the CIA’s reach “urgently need to be debated in public,” echoing the motives of many previous leakers.

PSA: This incorrectly implies CIA hacked these apps / encryption. But the docs show iOS/Android are what got hacked – a much bigger problem. https://twitter.com/wikileaks/status/839120909625606152 

Still working through the publication, but what @Wikileaks has here is genuinely a big deal. Looks authentic.

One such former leaker, Edward Snowden, tweeted Tuesday afternoon about the WikiLeaks release.

“Still working through the publication, but what @Wikileaks has here is genuinely a big deal. Looks authentic,” wrote Snowden, who has been granted asylum in Russia as he seeks to avoid criminal prosecution in the U.S.

Some of the WikiLeaks files include redacted information, such as tens “of thousands of CIA targets and attack machines throughout Latin America, Europe and the United States.”

http://www.foxnews.com/us/2017/03/07/wikileaks-releases-entire-hacking-capacity-cia.html

Vault 7: CIA Hacking Tools Revealed

  • Releases
  • Documents

Press Release

Today, Tuesday 7 March 2017, WikiLeaks begins its new series of leaks on the U.S. Central Intelligence Agency. Code-named “Vault 7” by WikiLeaks, it is the largest ever publication of confidential documents on the agency.

The first full part of the series, “Year Zero”, comprises 8,761 documents and files from an isolated, high-security network situated inside the CIA’s Center for Cyber Intelligence in Langley, Virgina. It follows an introductory disclosure last month of CIA targeting French political parties and candidates in the lead up to the 2012 presidential election.

Recently, the CIA lost control of the majority of its hacking arsenal including malware, viruses, trojans, weaponized “zero day” exploits, malware remote control systems and associated documentation. This extraordinary collection, which amounts to more than several hundred million lines of code, gives its possessor the entire hacking capacity of the CIA. The archive appears to have been circulated among former U.S. government hackers and contractors in an unauthorized manner, one of whom has provided WikiLeaks with portions of the archive.

“Year Zero” introduces the scope and direction of the CIA’s global covert hacking program, its malware arsenal and dozens of “zero day” weaponized exploits against a wide range of U.S. and European company products, include Apple’s iPhone, Google’s Android and Microsoft’s Windows and even Samsung TVs, which are turned into covert microphones.

Since 2001 the CIA has gained political and budgetary preeminence over the U.S. National Security Agency (NSA). The CIA found itself building not just its now infamous drone fleet, but a very different type of covert, globe-spanning force — its own substantial fleet of hackers. The agency’s hacking division freed it from having to disclose its often controversial operations to the NSA (its primary bureaucratic rival) in order to draw on the NSA’s hacking capacities.

By the end of 2016, the CIA’s hacking division, which formally falls under the agency’s Center for Cyber Intelligence (CCI), had over 5000 registered users and had produced more than a thousand hacking systems, trojans, viruses, and other “weaponized” malware. Such is the scale of the CIA’s undertaking that by 2016, its hackers had utilized more code than that used to run Facebook. The CIA had created, in effect, its “own NSA” with even less accountability and without publicly answering the question as to whether such a massive budgetary spend on duplicating the capacities of a rival agency could be justified.

In a statement to WikiLeaks the source details policy questions that they say urgently need to be debated in public, including whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency. The source wishes to initiate a public debate about the security, creation, use, proliferation and democratic control of cyberweapons.

Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by rival states, cyber mafia and teenage hackers alike.

Julian Assange, WikiLeaks editor stated that “There is an extreme proliferation risk in the development of cyber ‘weapons’. Comparisons can be drawn between the uncontrolled proliferation of such ‘weapons’, which results from the inability to contain them combined with their high market value, and the global arms trade. But the significance of “Year Zero” goes well beyond the choice between cyberwar and cyberpeace. The disclosure is also exceptional from a political, legal and forensic perspective.”

Wikileaks has carefully reviewed the “Year Zero” disclosure and published substantive CIA documentation while avoiding the distribution of ‘armed’ cyberweapons until a consensus emerges on the technical and political nature of the CIA’s program and how such ‘weapons’ should analyzed, disarmed and published.

Wikileaks has also decided to redact and anonymise some identifying information in “Year Zero” for in depth analysis. These redactions include ten of thousands of CIA targets and attack machines throughout Latin America, Europe and the United States. While we are aware of the imperfect results of any approach chosen, we remain committed to our publishing model and note that the quantity of published pages in “Vault 7” part one (“Year Zero”) already eclipses the total number of pages published over the first three years of the Edward Snowden NSA leaks.

Analysis

CIA malware targets iPhone, Android, smart TVs

CIA malware and hacking tools are built by EDG (Engineering Development Group), a software development group within CCI (Center for Cyber Intelligence), a department belonging to the CIA’s DDI (Directorate for Digital Innovation). The DDI is one of the five major directorates of the CIA (see this organizational chart of the CIA for more details).

The EDG is responsible for the development, testing and operational support of all backdoors, exploits, malicious payloads, trojans, viruses and any other kind of malware used by the CIA in its covert operations world-wide.

The increasing sophistication of surveillance techniques has drawn comparisons with George Orwell’s 1984, but “Weeping Angel”, developed by the CIA’s Embedded Devices Branch (EDB), which infests smart TVs, transforming them into covert microphones, is surely its most emblematic realization.

The attack against Samsung smart TVs was developed in cooperation with the United Kingdom’s MI5/BTSS. After infestation, Weeping Angel places the target TV in a ‘Fake-Off’ mode, so that the owner falsely believes the TV is off when it is on. In ‘Fake-Off’ mode the TV operates as a bug, recording conversations in the room and sending them over the Internet to a covert CIA server.

As of October 2014 the CIA was also looking at infecting the vehicle control systems used by modern cars and trucks. The purpose of such control is not specified, but it would permit the CIA to engage in nearly undetectable assassinations.

The CIA’s Mobile Devices Branch (MDB) developed numerous attacks to remotely hack and control popular smart phones. Infected phones can be instructed to send the CIA the user’s geolocation, audio and text communications as well as covertly activate the phone’s camera and microphone.

Despite iPhone’s minority share (14.5%) of the global smart phone market in 2016, a specialized unit in the CIA’s Mobile Development Branch produces malware to infest, control and exfiltrate data from iPhones and other Apple products running iOS, such as iPads. CIA’s arsenal includesnumerous local and remote “zero days” developed by CIA or obtained from GCHQ, NSA, FBI or purchased from cyber arms contractors such as Baitshop. The disproportionate focus on iOS may be explained by the popularity of the iPhone among social, political, diplomatic and business elites.

A similar unit targets Google’s Android which is used to run the majority of the world’s smart phones (~85%) including Samsung, HTC and Sony. 1.15 billion Android powered phones were sold last year. “Year Zero” shows that as of 2016 the CIA had 24 “weaponized” Android “zero days” which it has developed itself and obtained from GCHQ, NSA and cyber arms contractors.

These techniques permit the CIA to bypass the encryption of WhatsApp, Signal, Telegram, Wiebo, Confide and Cloackman by hacking the “smart” phones that they run on and collecting audio and message traffic before encryption is applied.

CIA malware targets Windows, OSx, Linux, routers

The CIA also runs a very substantial effort to infect and control Microsoft Windows users with its malware. This includes multiple local and remote weaponized “zero days”, air gap jumping viruses such as “Hammer Drill” which infects software distributed on CD/DVDs, infectors for removable media such as USBs, systems to hide data in images or in covert disk areas ( “Brutal Kangaroo”) and to keep its malware infestations going.

Many of these infection efforts are pulled together by the CIA’s Automated Implant Branch (AIB), which has developed several attack systems for automated infestation and control of CIA malware, such as “Assassin” and “Medusa”.

Attacks against Internet infrastructure and webservers are developed by the CIA’s Network Devices Branch (NDB).

The CIA has developed automated multi-platform malware attack and control systems covering Windows, Mac OS X, Solaris, Linux and more, such as EDB’s “HIVE” and the related “Cutthroat” and “Swindle” tools, which are described in the examples section below.

CIA ‘hoarded’ vulnerabilities (“zero days”)

In the wake of Edward Snowden’s leaks about the NSA, the U.S. technology industry secured a commitment from the Obama administration that the executive would disclose on an ongoing basis — rather than hoard — serious vulnerabilities, exploits, bugs or “zero days” to Apple, Google, Microsoft, and other US-based manufacturers.

Serious vulnerabilities not disclosed to the manufacturers places huge swathes of the population and critical infrastructure at risk to foreign intelligence or cyber criminals who independently discover or hear rumors of the vulnerability. If the CIA can discover such vulnerabilities so can others.

The U.S. government’s commitment to the Vulnerabilities Equities Process came after significant lobbying by US technology companies, who risk losing their share of the global market over real and perceived hidden vulnerabilities. The government stated that it would disclose all pervasive vulnerabilities discovered after 2010 on an ongoing basis.

“Year Zero” documents show that the CIA breached the Obama administration’s commitments. Many of the vulnerabilities used in the CIA’s cyber arsenal are pervasive and some may already have been found by rival intelligence agencies or cyber criminals.

As an example, specific CIA malware revealed in “Year Zero” is able to penetrate, infest and control both the Android phone and iPhone software that runs or has run presidential Twitter accounts. The CIA attacks this software by using undisclosed security vulnerabilities (“zero days”) possessed by the CIA but if the CIA can hack these phones then so can everyone else who has obtained or discovered the vulnerability. As long as the CIA keeps these vulnerabilities concealed from Apple and Google (who make the phones) they will not be fixed, and the phones will remain hackable.

The same vulnerabilities exist for the population at large, including the U.S. Cabinet, Congress, top CEOs, system administrators, security officers and engineers. By hiding these security flaws from manufacturers like Apple and Google the CIA ensures that it can hack everyone &mdsh; at the expense of leaving everyone hackable.

‘Cyberwar’ programs are a serious proliferation risk

Cyber ‘weapons’ are not possible to keep under effective control.

While nuclear proliferation has been restrained by the enormous costs and visible infrastructure involved in assembling enough fissile material to produce a critical nuclear mass, cyber ‘weapons’, once developed, are very hard to retain.

Cyber ‘weapons’ are in fact just computer programs which can be pirated like any other. Since they are entirely comprised of information they can be copied quickly with no marginal cost.

Securing such ‘weapons’ is particularly difficult since the same people who develop and use them have the skills to exfiltrate copies without leaving traces — sometimes by using the very same ‘weapons’ against the organizations that contain them. There are substantial price incentives for government hackers and consultants to obtain copies since there is a global “vulnerability market” that will pay hundreds of thousands to millions of dollars for copies of such ‘weapons’. Similarly, contractors and companies who obtain such ‘weapons’ sometimes use them for their own purposes, obtaining advantage over their competitors in selling ‘hacking’ services.

Over the last three years the United States intelligence sector, which consists of government agencies such as the CIA and NSA and their contractors, such as Booz Allan Hamilton, has been subject to unprecedented series of data exfiltrations by its own workers.

A number of intelligence community members not yet publicly named have been arrested or subject to federal criminal investigations in separate incidents.

Most visibly, on February 8, 2017 a U.S. federal grand jury indicted Harold T. Martin III with 20 counts of mishandling classified information. The Department of Justice alleged that it seized some 50,000 gigabytes of information from Harold T. Martin III that he had obtained from classified programs at NSA and CIA, including the source code for numerous hacking tools.

Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by peer states, cyber mafia and teenage hackers alike.

U.S. Consulate in Frankfurt is a covert CIA hacker base

In addition to its operations in Langley, Virginia the CIA also uses the U.S. consulate in Frankfurt as a covert base for its hackers covering Europe, the Middle East and Africa.

CIA hackers operating out of the Frankfurt consulate ( “Center for Cyber Intelligence Europe” or CCIE) are given diplomatic (“black”) passports and State Department cover. The instructions for incoming CIA hackers make Germany’s counter-intelligence efforts appear inconsequential: “Breeze through German Customs because you have your cover-for-action story down pat, and all they did was stamp your passport”

Your Cover Story (for this trip)
Q: Why are you here?
A: Supporting technical consultations at the Consulate.

Two earlier WikiLeaks publications give further detail on CIA approaches to customs and secondary screening procedures.

Once in Frankfurt CIA hackers can travel without further border checks to the 25 European countries that are part of the Shengen open border area — including France, Italy and Switzerland.

A number of the CIA’s electronic attack methods are designed for physical proximity. These attack methods are able to penetrate high security networks that are disconnected from the internet, such as police record database. In these cases, a CIA officer, agent or allied intelligence officer acting under instructions, physically infiltrates the targeted workplace. The attacker is provided with a USB containing malware developed for the CIA for this purpose, which is inserted into the targeted computer. The attacker then infects and exfiltrates data to removable media. For example, the CIA attack system Fine Dining, provides 24 decoy applications for CIA spies to use. To witnesses, the spy appears to be running a program showing videos (e.g VLC), presenting slides (Prezi), playing a computer game (Breakout2, 2048) or even running a fake virus scanner (Kaspersky, McAfee, Sophos). But while the decoy application is on the screen, the underlaying system is automatically infected and ransacked.

How the CIA dramatically increased proliferation risks

In what is surely one of the most astounding intelligence own goals in living memory, the CIA structured its classification regime such that for the most market valuable part of “Vault 7” — the CIA’s weaponized malware (implants + zero days), Listening Posts (LP), and Command and Control (C2) systems — the agency has little legal recourse.

The CIA made these systems unclassified.

Why the CIA chose to make its cyberarsenal unclassified reveals how concepts developed for military use do not easily crossover to the ‘battlefield’ of cyber ‘war’.

To attack its targets, the CIA usually requires that its implants communicate with their control programs over the internet. If CIA implants, Command & Control and Listening Post software were classified, then CIA officers could be prosecuted or dismissed for violating rules that prohibit placing classified information onto the Internet. Consequently the CIA has secretly made most of its cyber spying/war code unclassified. The U.S. government is not able to assert copyright either, due to restrictions in the U.S. Constitution. This means that cyber ‘arms’ manufactures and computer hackers can freely “pirate” these ‘weapons’ if they are obtained. The CIA has primarily had to rely on obfuscation to protect its malware secrets.

Conventional weapons such as missiles may be fired at the enemy (i.e into an unsecured area). Proximity to or impact with the target detonates the ordnance including its classified parts. Hence military personnel do not violate classification rules by firing ordnance with classified parts. Ordnance will likely explode. If it does not, that is not the operator’s intent.

Over the last decade U.S. hacking operations have been increasingly dressed up in military jargon to tap into Department of Defense funding streams. For instance, attempted “malware injections” (commercial jargon) or “implant drops” (NSA jargon) are being called “fires” as if a weapon was being fired. However the analogy is questionable.

Unlike bullets, bombs or missiles, most CIA malware is designed to live for days or even years after it has reached its ‘target’. CIA malware does not “explode on impact” but rather permanently infests its target. In order to infect target’s device, copies of the malware must be placed on the target’s devices, giving physical possession of the malware to the target. To exfiltrate data back to the CIA or to await further instructions the malware must communicate with CIA Command & Control (C2) systems placed on internet connected servers. But such servers are typically not approved to hold classified information, so CIA command and control systems are also made unclassified.

A successful ‘attack’ on a target’s computer system is more like a series of complex stock maneuvers in a hostile take-over bid or the careful planting of rumors in order to gain control over an organization’s leadership rather than the firing of a weapons system. If there is a military analogy to be made, the infestation of a target is perhaps akin to the execution of a whole series of military maneuvers against the target’s territory including observation, infiltration, occupation and exploitation.

Evading forensics and anti-virus

A series of standards lay out CIA malware infestation patterns which are likely to assist forensic crime scene investigators as well as Apple, Microsoft, Google, Samsung, Nokia, Blackberry, Siemens and anti-virus companies attribute and defend against attacks.

“Tradecraft DO’s and DON’Ts” contains CIA rules on how its malware should be written to avoid fingerprints implicating the “CIA, US government, or its witting partner companies” in “forensic review”. Similar secret standards cover the use of encryption to hide CIA hacker and malware communication (pdf), describing targets & exfiltrated data (pdf) as well as executing payloads (pdf) and persisting (pdf) in the target’s machines over time.CIA hackers developed successful attacks against most well known anti-virus programs. These are documented in AV defeats, Personal Security Products, Detecting and defeating PSPs and PSP/Debugger/RE Avoidance. For example, Comodo was defeated by CIA malware placing itself in the Window’s “Recycle Bin”. While Comodo 6.x has a “Gaping Hole of DOOM”.

CIA hackers discussed what the NSA’s “Equation Group” hackers did wrong and how the CIA’s malware makers could avoid similar exposure.

Examples

The CIA’s Engineering Development Group (EDG) management system contains around 500 different projects (only some of which are documented by “Year Zero”) each with their own sub-projects, malware and hacker tools.

The majority of these projects relate to tools that are used for penetration, infestation (“implanting”), control, and exfiltration.

Another branch of development focuses on the development and operation of Listening Posts (LP) and Command and Control (C2) systems used to communicate with and control CIA implants; special projects are used to target specific hardware from routers to smart TVs.

Some example projects are described below, but see the table of contents for the full list of projects described by WikiLeaks’ “Year Zero”.

UMBRAGE

The CIA’s hand crafted hacking techniques pose a problem for the agency. Each technique it has created forms a “fingerprint” that can be used by forensic investigators to attribute multiple different attacks to the same entity.

This is analogous to finding the same distinctive knife wound on multiple separate murder victims. The unique wounding style creates suspicion that a single murderer is responsible. As soon one murder in the set is solved then the other murders also find likely attribution.

The CIA’s Remote Devices Branch‘s UMBRAGE group collects and maintains a substantial library of attack techniques ‘stolen’ from malware produced in other states including the Russian Federation.

With UMBRAGE and related projects the CIA cannot only increase its total number of attack types but also misdirect attribution by leaving behind the “fingerprints” of the groups that the attack techniques were stolen from.

UMBRAGE components cover keyloggers, password collection, webcam capture, data destruction, persistence, privilege escalation, stealth, anti-virus (PSP) avoidance and survey techniques.

Fine Dining

Fine Dining comes with a standardized questionnaire i.e menu that CIA case officers fill out. The questionnaire is used by the agency’s OSB (Operational Support Branch) to transform the requests of case officers into technical requirements for hacking attacks (typically “exfiltrating” information from computer systems) for specific operations. The questionnaire allows the OSB to identify how to adapt existing tools for the operation, and communicate this to CIA malware configuration staff. The OSB functions as the interface between CIA operational staff and the relevant technical support staff.

Among the list of possible targets of the collection are ‘Asset’, ‘Liason Asset’, ‘System Administrator’, ‘Foreign Information Operations’, ‘Foreign Intelligence Agencies’ and ‘Foreign Government Entities’. Notably absent is any reference to extremists or transnational criminals. The ‘Case Officer’ is also asked to specify the environment of the target like the type of computer, operating system used, Internet connectivity and installed anti-virus utilities (PSPs) as well as a list of file types to be exfiltrated like Office documents, audio, video, images or custom file types. The ‘menu’ also asks for information if recurring access to the target is possible and how long unobserved access to the computer can be maintained. This information is used by the CIA’s ‘JQJIMPROVISE’ software (see below) to configure a set of CIA malware suited to the specific needs of an operation.

Improvise (JQJIMPROVISE)

‘Improvise’ is a toolset for configuration, post-processing, payload setup and execution vector selection for survey/exfiltration tools supporting all major operating systems like Windows (Bartender), MacOS (JukeBox) and Linux (DanceFloor). Its configuration utilities like Margarita allows the NOC (Network Operation Center) to customize tools based on requirements from ‘Fine Dining’ questionairies.

HIVE

HIVE is a multi-platform CIA malware suite and its associated control software. The project provides customizable implants for Windows, Solaris, MikroTik (used in internet routers) and Linux platforms and a Listening Post (LP)/Command and Control (C2) infrastructure to communicate with these implants.

The implants are configured to communicate via HTTPS with the webserver of a cover domain; each operation utilizing these implants has a separate cover domain and the infrastructure can handle any number of cover domains.

Each cover domain resolves to an IP address that is located at a commercial VPS (Virtual Private Server) provider. The public-facing server forwards all incoming traffic via a VPN to a ‘Blot’ server that handles actual connection requests from clients. It is setup for optional SSL client authentication: if a client sends a valid client certificate (only implants can do that), the connection is forwarded to the ‘Honeycomb’ toolserver that communicates with the implant; if a valid certificate is missing (which is the case if someone tries to open the cover domain website by accident), the traffic is forwarded to a cover server that delivers an unsuspicious looking website.

The Honeycomb toolserver receives exfiltrated information from the implant; an operator can also task the implant to execute jobs on the target computer, so the toolserver acts as a C2 (command and control) server for the implant.

Similar functionality (though limited to Windows) is provided by the RickBobby project.

See the classified user and developer guides for HIVE.

Frequently Asked Questions

Why now?

WikiLeaks published as soon as its verification and analysis were ready.

In Febuary the Trump administration has issued an Executive Order calling for a “Cyberwar” review to be prepared within 30 days.

While the review increases the timeliness and relevance of the publication it did not play a role in setting the publication date.

Redactions

Names, email addresses and external IP addresses have been redacted in the released pages (70,875 redactions in total) until further analysis is complete.

  1. Over-redaction: Some items may have been redacted that are not employees, contractors, targets or otherwise related to the agency, but are, for example, authors of documentation for otherwise public projects that are used by the agency.
  2. Identity vs. person: the redacted names are replaced by user IDs (numbers) to allow readers to assign multiple pages to a single author. Given the redaction process used a single person may be represented by more than one assigned identifier but no identifier refers to more than one real person.
  3. Archive attachments (zip, tar.gz, …) are replaced with a PDF listing all the file names in the archive. As the archive content is assessed it may be made available; until then the archive is redacted.
  4. Attachments with other binary content are replaced by a hex dump of the content to prevent accidental invocation of binaries that may have been infected with weaponized CIA malware. As the content is assessed it may be made available; until then the content is redacted.
  5. The tens of thousands of routable IP addresses references (including more than 22 thousand within the United States) that correspond to possible targets, CIA covert listening post servers, intermediary and test systems, are redacted for further exclusive investigation.
  6. Binary files of non-public origin are only available as dumps to prevent accidental invocation of CIA malware infected binaries.

Organizational Chart

The organizational chart corresponds to the material published by WikiLeaks so far.

Since the organizational structure of the CIA below the level of Directorates is not public, the placement of the EDG and its branches within the org chart of the agency is reconstructed from information contained in the documents released so far. It is intended to be used as a rough outline of the internal organization; please be aware that the reconstructed org chart is incomplete and that internal reorganizations occur frequently.

Wiki pages

“Year Zero” contains 7818 web pages with 943 attachments from the internal development groupware. The software used for this purpose is called Confluence, a proprietary software from Atlassian. Webpages in this system (like in Wikipedia) have a version history that can provide interesting insights on how a document evolved over time; the 7818 documents include these page histories for 1136 latest versions.

The order of named pages within each level is determined by date (oldest first). Page content is not present if it was originally dynamically created by the Confluence software (as indicated on the re-constructed page).

What time period is covered?

The years 2013 to 2016. The sort order of the pages within each level is determined by date (oldest first).

WikiLeaks has obtained the CIA’s creation/last modification date for each page but these do not yet appear for technical reasons. Usually the date can be discerned or approximated from the content and the page order. If it is critical to know the exact time/date contact WikiLeaks.

What is “Vault 7”

“Vault 7” is a substantial collection of material about CIA activities obtained by WikiLeaks.

When was each part of “Vault 7” obtained?

Part one was obtained recently and covers through 2016. Details on the other parts will be available at the time of publication.

Is each part of “Vault 7” from a different source?

Details on the other parts will be available at the time of publication.

What is the total size of “Vault 7”?

The series is the largest intelligence publication in history.

How did WikiLeaks obtain each part of “Vault 7”?

Sources trust WikiLeaks to not reveal information that might help identify them.

Isn’t WikiLeaks worried that the CIA will act against its staff to stop the series?

No. That would be certainly counter-productive.

Has WikiLeaks already ‘mined’ all the best stories?

No. WikiLeaks has intentionally not written up hundreds of impactful stories to encourage others to find them and so create expertise in the area for subsequent parts in the series. They’re there. Look. Those who demonstrate journalistic excellence may be considered for early access to future parts.

Won’t other journalists find all the best stories before me?

Unlikely. There are very considerably more stories than there are journalists or academics who are in a position to write them.

https://wikileaks.org/ciav7p1/

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The Pronk Pops Show 797, November 16, 2016, Story 1: Will Trump Stop The Dumbing Down of Education By Appointing Larry P. Arnn The Last Secretary of the Department of Education? –American People Would Cheer!– Videos

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Pronk Pops Show 793: November 9, 2016

Pronk Pops Show 792: November 8, 2016

Pronk Pops Show 791: November 7, 2016

Pronk Pops Show 790: November 4, 2016

Pronk Pops Show 789: November 3, 2016

Pronk Pops Show 788: November 2, 2016

Pronk Pops Show 787: October 31, 2016

Pronk Pops Show 786: October 28, 2016

Pronk Pops Show 785: October 27, 2016

Pronk Pops Show 784: October 26, 2016 

Pronk Pops Show 783: October 25, 2016

Pronk Pops Show 782: October 24, 2016

Pronk Pops Show 781: October 21, 2016

Pronk Pops Show 780: October 20, 2016

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Pronk Pops Show 777: October 17, 2016

Pronk Pops Show 776: October 14, 2016

Pronk Pops Show 775: October 13, 2016

Pronk Pops Show 774: October 12, 2016

Pronk Pops Show 773: October 11, 2016

Pronk Pops Show 772: October 10, 2016

Pronk Pops Show 771: October 7, 2016

Pronk Pops Show 770: October 6, 2016

Pronk Pops Show 769: October 5, 2016 

Pronk Pops Show 768: October 3, 2016

Pronk Pops Show 767: September 30, 2016

Pronk Pops Show 766: September 29, 2016

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Pronk Pops Show 764: September 27, 2016

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Pronk Pops Show 762: September 23, 2016

Pronk Pops Show 761: September 22, 2016

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Pronk Pops Show 759: September 20, 2016

Pronk Pops Show 758: September 19, 2016

Pronk Pops Show 757: September 16, 2016

Pronk Pops Show 756: September 15, 2016

Pronk Pops Show 755: September 14, 2016

Pronk Pops Show 754: September 13, 2016

Pronk Pops Show 753: September 12, 2016

Pronk Pops Show 752: September 9, 2016

Pronk Pops Show 751: September 8, 2016

Pronk Pops Show 750: September 7, 2016

Pronk Pops Show 749: September 2, 2016

Pronk Pops Show 748: September 1, 2016

Pronk Pops Show 747: August 31, 2016

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Pronk Pops Show 745: August 29, 2016

Pronk Pops Show 744: August 26, 2016

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Pronk Pops Show 742: August 24, 2016

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Pronk Pops Show 739: August 18, 2016

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Pronk Pops Show 736: August 15, 2016

Pronk Pops Show 735: August 12, 2016

Pronk Pops Show 734: August 11, 2016

Pronk Pops Show 733: August 9, 2016

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Pronk Pops Show 730: August 3, 2016

Pronk Pops Show 729: August 1, 2016

Story 1: Will Trump Stop The Dumbing Down of Education By Appointing Larry P. Arnn The Last Secretary of the Department of Education? –American People Would Cheer!– Videos

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Larry P. Arnn Wins 2015 Bradley Prize

Published on Jun 16, 2015

Dr. Larry P. Arnn, president of Hillsdale College, was presented with the 2015 Bradley Prize for Outstanding Achievement.

Trump and Conservatism – Constitution Day Celebration

Published on Sep 17, 2016

Hillsdale College President Larry P. Arnn, National Review Senior Editor Jonah Goldberg, and Professor of Political Science John Marini discuss presidential candidate Donald J. Trump’s role in conservatism in America.

“Education and Politics” – Larry P. Arnn

Dr. Larry P. Arnn at Freshman Convocation | Hillsdale College

Larry Arnn on Reclaiming America’s First Principles

What Problem Does the Constitution Solve?

“Conservatism and Constitutionalism” – Larry P. Arnn

Education, Self-Government and Our Current Crisis

Time to Give Up or Time to Fight On?

Introduction to the U.S. Constitution – 2011-09 – Dr. Larry Arnn

Charlotte Iserbyt – Deliberate Dumbing Down of the World

Charlotte Iserbyt: The Miseducation of America

Trump says he’s going to cut Dept of Ed and EPA

Donald trump on cutting the EPA an department of education (CleanAirMatters)

Abolish Public Education: Privatize All Schools – Ron Paul (1988)

Rand Paul – Eliminating the Department of Education

Ted Cruz Abolish the Dept of Education AFP Defending the American Dream Summit 08 22 2015

The Cruz Radical Agenda: Eliminate the Dept. of Education

Glenn Beck -4-14-2010-The Plan Part 3- Abolish The Department of Education Part 1

National Campaign Launched to Abolish U.S. Education Department

THE SECRETARY OF EDUCATION FOR PRESIDENT-ELECT TRUMP SHOULD BE … NOBODY

By: Brian Darling | November 14, 2016

Now that President-elect Donald J. Trump has shocked the world and won the presidency, the talk has quickly shifted to the individuals he should consider for positions in his administration.

Politico reported on November 9, 2016 in a story titled “Meet Trump’s Cabinet-in-waiting” the following:

President-elect Donald Trump does not have the traditional cadre of Washington insiders and donors to build out his Cabinet, but his transition team has spent the past several months quietly building a short list of industry titans and conservative activists who could comprise one of the more eclectic and controversial presidential Cabinets in modern history.

As USA Today reports, there are plenty of names being floated for various administration positions. However, the best way to make the federal government great again (if that is even possible) is to shrink it. One interesting appointment should be Trump’s decision on who is to be the next Secretary of Education, and he could use that appointment to send a strong small government message. In Trump’s book, as reported by Business Insider, Trump has implied that the U.S Department of Education should be abolished.

During his campaign, President-elect Donald Trump repeatedly hit at the role of federal government in education, arguing instead for increased local control of schools. He has also hinted that the Department of Education should be abolished.

“A lot of people believe the Department of Education should just be eliminated. Get rid of it. If we don’t eliminate it completely, we certainly need to cut its power and reach,” he wrote in his book “Great Again: How to Fix Our Crippled America.”

It would be a bold move for President Trump to refuse to nominate a new head of the Department of Education to show that he is committed to abolishing it. For years, abolishing the Department of Education was part of the Republican platform until President George W. Bush teamed up with a liberal icon, the late Senator Edward Kennedy of Massachusetts, to pass No Child Left Behind that expanded federal intervention in education.

Education is best left to the states. That issue came into focus again when in May the Obama administration issued a letter ordering every public school in America to allow transgender students to use the bathroom of the opposite sex. Furthermore, the Department of Justice sued North Carolina over a law that prohibited people from the opposite sex to use public bathrooms. This action showed all followers of national news that the power of the federal government over education policy has gone haywire.

When one scans the Constitution, one cannot find any reference to education policy as an enumerated power of the federal government. Education has traditionally been a function of the states and ideas like No Child Left Behind have perverted that concept.

The time is now to create some incremental change in federal policy, particularly with regard to education. A good first step to at least scaling back the Department of Education would be for President Donald J. Trump to refuse to appoint anyone to be the next Secretary of Education.

Bruce Fein, former Associate Deputy Attorney General and General Counsel to the FCC under President Ronald Reagan takes my recommendation a few steps further and tells Conservative Review,

Trump should refuse to fill Department of Education, HUD, Department of Energy, Department of Commerce, Department of Labor, Consumer Product Safety Commission, Consumer Finance Protection Board. If there are one or a few serious things any of these agencies do, Trump should transfer them to another Cabinet Department, like DOE control over nuclear facilities.

That would be a bold, bold move and would show that Trump truly is coming to Washington to dismantle big government.

The time is now to create some incremental change in federal policy, particularly with regard to education.

At a minimum, leaving the Secretary of Education position vacant would be a daring move that would help in convincing conservative and libertarian Republicans that the president-elect is serious about implementing small government reforms.

https://www.conservativereview.com/commentary/2016/11/secretary-of-education-for-president-elect-trump-should-be-nobody#sthash.b5nJ00OW.dpuf

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And the truth is that these appointments really do matter. As the old saw has it: “Personnel is policy.” It’s the appointees in the various departments who will ultimately shape the Trump administration’s educational priorities and agenda. This has never been truer than now, given how much of Trump’s educational platform is a blank slate—or one filled with only the broadest of notional directives (e.g. school choice good, Common Core bad).

I’ll be clear: I don’t know who will populate the Trump administration’s Department of Education. I do have a few thoughts on some of the folks I’d like to see in the mix, though—and I figured I’d share them with you, if only so that fewer folks feel obliged to inquire. Please understand that this isn’t an exhaustive, careful, or complete list. After all, I have no particular thoughts, for instance, on the commissioner of the Rehabilitation Services Administration. It’s more an eclectic mix of some names I’d like to see considered. I’m sure I’ve forgotten some names that I’d have included if I’d given this more thought, and it’s obviously limited to individuals who I’m guessing/hoping might be willing to serve in this choice-friendly, Common Core-skeptical, Republican administration. I’ve also omitted some of the most outspoken NeverTrumpers (like John Bailey and Mike Petrilli), for obvious reasons.

Mitch Daniels. Credit: Flickr

Keep in mind that I have no juice in any of this and there’s no reason to expect anyone to listen to me. But so it goes. With all that in mind, here are some of the names I’d love to see considered for a dozen of the top jobs (I’m not bothering with bios or current positions; if you don’t know who someone is, just ride the google):

U.S. Secretary of Education: Mitch Daniels, Scott Walker, Bill Evers, Gerard Robinson
Deputy Secretary: David Cleary, Brian Jones, Lisa Graham Keegan, Larry Arnn
Under Secretary: Nina Rees, Paul Pastorek, Jim Peyser, Vic Klatt, Hanna Skandera
Assistant Secretary – Civil Rights: Joshua Dunn, Greg Lukianoff, Robert Scott
Assistant Secretary – Communications and Outreach: Jenna Talbot, Joy Pullmann, Holly Kuzmich
Assistant Secretary – Elementary and Secondary Education: Dwight Jones, Robert Pondiscio, Tom Luna, Matt Ladner, Jim Stergios
Assistant Secretary – Legislation and Congressional Affairs: Lindsay Fryer, D’arcy Philps, Lindsey Burke
Assistant Secretary – Planning, Evaluation and Policy Development: Peter Oppenheim, Brad Thomas, Andy Smarick, Robert Enlow
Assistant Secretary – Postsecondary Education: Andrew Kelly, Jason Delisle, James Bergeron
Assistant Secretary – Special Education and Rehabilitative Services: Joe Siedlecki, Mike McShane, Max Eden
Assistant Secretary – Vocational and Adult Education: Tom Stewart, Tony Bennett
Institute of Education Sciences – Director: Patrick Wolf, Jay Greene, Caroline Hoxby, Martin West, Rick Hanushek

https://www.aei.org/scholar/frederick-m-hess/

Who Could Be Donald Trump’s Education Secretary?

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UPDATED

President-elect Donald Trump doesn’t have a track record on education, which means that his choice of education secretary will send a really important signal on where he wants to go in terms of policy on the Every Student Succeeds Act, higher education, and more.

So who is on the short list? Tough to say, but here are some names making the rounds inside the Beltway:

Dr. Ben Carson: The neurosurgeon was among Trump’s opponents in the Republican presidential primaries and later endorsed him. As a candidate, Carson’s proposed education agenda, like Trump’s, centered on school choice. It’s easy to imagine that Carson, who is famous for separating conjoined twins, would spend a lot of time as secretary talking about the importance of science education. It’s unclear what form that would take though, given some of Carson’s other views. As secretary, Carson could revive the culture wars over how to teach evolution, since he’s said in the past he doesn’t believe in it. UPDATE: It doesn’t look like Carson is interested in serving in Trump’s cabinet, according to Bloomberg.

Gov. Scott Walker of Wisconsin: Walker, also a one-time Trump GOP primary rival, is probably best known for rolling back collective bargaining rights for public employees, including teachers, in Wisconsin. It’s unclear if he wants to sit at the helm of the education department, but a lot of Republicans in Washington have him on the top of their wish list. Since Walker is, or at least was, a rising star in the party, such a pick could elevate the importance of the issue.

Gerard Robinson: The former state chief in Virginia and Florida is now a fellow at the conservative American Enterprise Institute and a leader of Trump’s transition team on education. Check out Andrew’s interview with him here on what he hopes to see from a Trump administration. (Robinson was speaking only for himself in the interview, not on behalf of any organization.)

Williamson Evers: A research fellow at the Hoover Institution at Stanford University, he served in a top policymaking role—assistant secretary of planning, evaluation, and policy—during the tail end of the President George W. Bush’s administration. Evers, who has worked for past GOP presidential campaigns, is also a leader of the Trump transition team. He’s a veteran of the so-called “math wars” in California, has opposed teacher tenure, and was part of the Bush administration’s efforts to restart K-12 education in Iraq. More in this story. One possibility: Evers doesn’t become secretary, but gets a key role in the administration that could matter just as much on K-12, such as deputy secretary (the No. 2 post in the department).

Rep. Luke Messer, of Indiana: The GOP congressman pushed legislation that would allow Title I money for disadvantaged kids to follow students to the school of their choice, including a private school. That proposal ultimately foundered, but Messer has done some deep thinking on the question of how small-government-friendly Republicans could push choice. And he has a track record of working in a bipartisan way. He’s teamed up with Rep. Jared Polis, D-Colo., on student data privacy legislation, for instance.

Former Indiana state chief Tony Bennett: Bennett, who was a driving force in Chiefs for Change in its early days, is close to both former Florida Gov. Jeb Bush and incoming Vice President Mike Pence, who served as governor of Indiana. As state chief, Bennett, a Republican, pushed for an ambitious education redesign agenda, including teacher evaluation through student outcomes, A through F grades for schools, an expansion of charter schools and vouchers, and more. He was also a consistent supporter of the Common Core State Standards, which Trump doesn’t like. But his hard charging style didn’t sit well with some educators, and he was defeated in his bid for re-election by Glenda Ritz, a Democrat. (Ritz went on to lose her own re-election bid this year.) Later, Bennett became Florida’s state chief.

But he came under scrutiny when emails showed that, during his tenure in Indiana, he had changed the grade of a charter school from “C” to “A.” The school, Christel House, was run by a philanthropist who donated to Bennett’s campaign. Bennett left his gig in Florida, and was ultimately cleared of ethics violations by the Indiana State Ethics Commission. He was found guilty of using state resources for political purposes, and had to pay a $5,000 fine.

Admiral William McRaven: He is a former United States Navy admiral who oversaw special operations, and is the current chancellor of the University of Texas system. He’d be the first secretary with a primarily higher education background since Lauro Cavazos who served as education secretary under Presidents Ronald Reagan and George H.W. Bush.

Tony Zeiss: The former president of Central Piedmont Community College in Charlotte, N.C. retired in February after more than two decades of service. The school became a national leader in workforce development under his watch, according to the Charlotte Observer. His work even got a shout-out in President Barack Obama’s 2012 State of the Union address. Zeiss, whose name surfaced late Tuesday, would be another higher education pick. And like Pence, he’s a Hoosier.

Eva Moskowitz or Michelle Rhee: Both of these “reformey” Democrats were floated by a Trump spokesman during an appearence on MSNBC. Moskowitz is the founder of Success Academy Charter Schools, Rhee is the controversial former chancellor of public schools in the District of Columbia, where she pushed through policies like performance pay. Both are Democrats, so their policies could be pretty different from most of the other folks on this list.

Jeanne Allen: She’s a long-time school choice advocate who founded the Center for Education Reform, which champions vouchers and charter schools. Allen served as a senior aide at the U.S. Department of Education under President Ronald Reagan. In May, Allen said she rejected the opportunity to advise Trump’s campaign on education issues, telling us, “I don’t want my issues coming out of his mouth.”

It sounds like Allen may have reconsidered since then. She was heartened by the selection of Pence, and campaign manager Kellyanne Conway, she said on Twitter.

A Total Outsider: Before the election, Carl Paladino, a school member in Buffalo, N.Y., and Trump surrogate, told the Council of the Great City Schools that Trump could go completely outside the box on the education secretary pick and choose a business leader or someone with experience outside of education.

In addition, two other school choice advocates, Betty DeVos, a philanthropist, and Kevin Chavous, a former D.C. City council member and a Democrat, are also possibilities. Both sit on the board of directors of the American Federation for Children, a school choice advocacy organization. (Hat tip: Politico). And CNN has reported that Michelle Rhee, the former DC schools chancellor, is on the short list.

Of course, filling the lower-level positions at the department, such as the deputy secretary and assistant secretaries, can have an equally outsized impact on K-12. Over at Rick Hess Straight Up, the education policy director at AEI has some ideas.

http://blogs.edweek.org/edweek/campaign-k-12/2016/11/who_could_be_trumps_education_.html

 

 

Dumbing down

From Wikipedia, the free encyclopedia

Dumbing down is the deliberate oversimplification of intellectual content within education, literature, cinema, news, video games and culture in order to relate to those unable to assimilate more sophisticated information. The term “dumbing down” originated in 1933 as movie-business slang, used by motion picture screenplay writers, meaning: “[to] revise so as to appeal to those of little education or intelligence”.[1] Dumbing-down varies according to subject matter along with the reasons for lowering the intellect of the subject or topic. It often involves diminishment of critical thought involving the undermining of intellectual standards within language and learning; thus trivializing meaningful information, culture, and academic standards, as is the case of popular culture.

Philosophically, the term “dumbing down” is a relative definition, because what is considered dumbing down depends on the taste, value judgement, and intellectual level of the person involved in the matter. In Distinction: A Social Critique of the Judgement of Taste (1979), the sociologist Pierre Bourdieu (1930–2002) proposed that, in a society in which the cultural practices of the ruling class are rendered and established as the legitimate culture of that society, that action then devalues the cultural capital of the subordinate social classes, and thus limits their social mobility within their own society.

Education

In the late 20th century, the proportion of young people attending university in the UK increased sharply, including many who previously would not have been considered to possess the appropriate scholastic aptitude. In 2003, the UK Minister for Universities, Margaret Hodge, criticised Mickey Mouse degrees as a negative consequence of universities dumbing down their courses to meet “the needs of the market”: these are degrees conferred for studies in a field of endeavour “where the content is perhaps not as [intellectually] rigorous as one would expect, and where the degree, itself, may not have huge relevance in the labour market”: thus, a university degree of slight intellectual substance, which the student earned by “simply stacking up numbers on Mickey Mouse courses, is not acceptable”.[2][3]

In 2007 Wellington Grey, a high school physics instructor in London, published an Internet petition objecting to what he described as a dumbed-down curriculum. He wrote: “I am a physics teacher. Or, at least, I used to be”; and complained that “[Mathematical] calculations – the very soul of physics – are absent from the new General Certificate of Secondary Education.”[4] Among the examples of dumbing-down that he provided were: “Question: Why would radio stations broadcast digital signals, rather than analogue signals? Answer: Can be processed by computer/ipod” to “Question: Why must we develop renewable energy sources?” (a political question).

In Dumbing Us Down: The Hidden Curriculum of Compulsory Schooling (1991, 2002), John Taylor Gatto presented speeches and essays, including “The Psychopathic School”, his acceptance speech for the 1990 New York City Teacher of the Year award, and “The Seven-Lesson Schoolteacher”, his acceptance speech upon being named as the New York State Teacher of the Year for 1991.[5] Gatto writes that while he was hired to teach English and literature, he came to believe he was employed as part of a social engineering project. The “seven lessons” at the foundation of schooling were never explicitly stated, Gatto writes, but included teaching students that their self-worth depended on outside evaluation; that they were constantly ranked and supervised; and that they had no opportunities for privacy or solitude. Gatto speculated:

Was it possible, I had been hired, not to enlarge children’s power, but to diminish it? That seemed crazy, on the face of it, but slowly, I began to realize that the bells and confinement, the crazy sequences, the age-segregation, the lack of privacy, the constant surveillance, and all the rest of the national curriculum of schooling were designed exactly as if someone had set out to prevent children from learning how to think, and act, to coax them into addiction and dependent behavior.[5]

In examining the seven lessons of teaching, Gatto concluded that “all of these lessons are prime training for permanent underclasses, people deprived forever of finding the center of their own special genius.” That “school is a twelve-year jail sentence, where bad habits are the only curriculum truly learned. I teach school, and win awards doing it. I should know.”[5]

Mass communications media

Increased business competition and the introduction of econometric methods changed the business practices of the mass communications media. The business monopoly practice of media consolidation reduced the breadth and the depth of the journalism practiced and provided for the information of the public. The reduction of operating costs (overhead expenses) eliminated foreign news bureaus and reporters, in favour of presenting the public relations publications (news releases) of governments, businesses, and political parties as fact.

Refinements in measurement of approval ratings and audience size increased the incentive for journalists and TV producers to write simplistic material, diminishing the intellectual complexity of the argument presented, usually at the expense of factual accuracy and rationality. Cultural theorists, such as Richard Hoggart, Raymond Williams, Neil Postman, Henry Giroux, and Pierre Bourdieu, invoked these effects as evidence that commercial television is an especially pernicious contributor to the dumbing-down of communications. Nonetheless, the cultural critic Stuart Hall said that the people responsible for teaching critical thinking – parents and academic instructors – can improve the quality (breadth and depth) of their instruction by occasionally including television programmes.

In France, Michel Houellebecq has written (not excluding himself) of “the shocking dumbing-down of French culture and intellect as was recently pointed out, [2008] sternly but fairly, by TIME magazine.”[6]

In popular culture

The science fiction film Idiocracy (2005) portrays the U.S. as a greatly dumbed-down society 500 years later, in which the low cultural condition was achieved with dysgenics, over-reproduction by people of low intelligence being greater than the rate of reproduction of people of high intelligence. Similar concepts appeared in earlier works, notably the science fiction short story The Marching Morons (1951), by Cyril M. Kornbluth which also features a modern-day protagonist in a future dominated by low-intelligence persons. Moreover, the novel Brave New World (1931), by Aldous Huxley, discussed the ways that society was effectively dumbed down in order to maintain political stability and social order.

The social critic Paul Fussell touched on these themes (“prole drift”) in his non-fiction book Class: A Guide Through the American Status System (1983)[7] and focused on them specifically in BAD: or, The Dumbing of America(1991).

The musical groups Chumbawamba, The Divine Comedy, Ugly Duckling, and Lupe Fiasco, each have a song titled “Dumb It Down”.

See also

References

  1. Jump up^ Algeo, John; Algeo, Adele (1988). “Among the New Words”. American Speech. 63 (4): 235–236. doi:10.1215/00031283-78-3-331.
  2. Jump up^ ‘Irresponsible’ Hodge under fire“, BBC News, 14 January 2003. URL accessed on 24 June 2006.
  3. Jump up^ 50% higher education target doomed, says thinktank“, EducationGuardian.co.uk, 14 July 2005. URL accessed on 24 June 2006.
  4. Jump up^ “Physicists protest at GCSE change”. BBC News. 28 June 2007.
  5. ^ Jump up to:a b c The Odysseus Group Web site of John Taylor Gatto [1], retrieved 23 February 2009
  6. Jump up^ Michel Houellebecq/Bernard-Henri Lévy, Public Enemies (2011) pp. 3-4
  7. Jump up^ Fussell, P. (1983). Class: A Guide Through the American Status System. New York: Summit Books

External links

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

Larry P. Arnn

From Wikipedia, the free encyclopedia

Larry Paul Arnn has served as the twelfth president of Hillsdale College in Hillsdale, Michigan, United States since May 2000.[1][2][3][4][5]

He is a political conservative who has been influenced by the thought of Leo Strauss and his teacher Harry V. Jaffa.[6]

Biography

Born in Pocahontas, Arkansas, Arnn received his B.A. (1974) in Political Science and Accounting from Arkansas State University.[1][3][4] He earned graduate degrees in Government from Claremont Graduate School — an M.A. in 1976 and a Ph.D. in 1985.[1][3][4] Arnn studied in England from 1977 to 1980, at the London School of Economics studying International History and then at Worcester College, Oxford University in Modern History.[3][4] While in England, he worked as Director of Research for Martin Gilbert, the official biographer of Winston Churchill.[1][3]

In 1980, Arnn become an editor for Public Research, Syndicated in the United States.[1] He was one of four founders of the Claremont Institute in Claremont, California, and served as its president from 1985 to 2000.[2][4][5] In 2000, he was named the twelfth president of Hillsdale College.[5] In this capacity, he set the ambitious goal of $400 million for the college’s Founders Campaign, beginning in 2001, and under his watch, several new buildings have arisen on the campus.

Arnn has been a trustee of the conservative Heritage Foundation since 2002.[2] In 2012 it offered its presidency to Arnn, who decided to stay in academe instead.[7]

Arnn also sits on the boards of directors of the Henry Salvatori Center for the Study of Individual Freedom in the Modern World at Claremont McKenna College, the Center for Individual Rights, and the Claremont Institute.[1] He is a member of the Mont Pelerin Society, the Churchill Centre, and the Philanthropy Roundtable.[1] As of 2014, he was listed as a member of the Council for National Policy in their directory.[8]

Discussing politics at Hillsdale, Arnn remarked, “If you take the reading of an old book on the view that it’s valuable, you have already discarded the modern Left.”[9] Arnn supported Donald Trump for President in the 2016 US election[10]

Controversies

“Dark Ones” Comment

In 2013, Arnn was criticized for his remarks about ethnic minorities when he testified before the Michigan State Legislature. In testimony against the Common Core curriculum standards, in which Arnn expressed concern about government interference with educational institutions, he recalled that shortly after he assumed the presidency at Hillsdale he received a letter from the state Department of Education that said his college “violated the standards for diversity,” adding, “because we didn’t have enough dark ones, I guess, is what they meant.” After being criticized for calling minorities “dark ones”, he explained that he was referring to “dark faces”, saying: “The State of Michigan sent a group of people down to my campus, with clipboards … to look at the colors of people’s faces and write down what they saw. We don’t keep records of that information. What were they looking for besides dark ones?”[11] Michigan House Democratic Leader Tim Greimel condemned Arnn for his comments, which he called “offensive” and “inflammatory and bigoted”, and asked for an apology.[12] The College issued a statement apologizing for Arnn’s remark, while reiterating Arnn’s concern about “state sponsored racism” in the form of affirmative action policies.[13]

Bibliography

  • Liberty and Learning: The Evolution of American Education (2004)
  • The Founders’ Key: The Divine and Natural Connection Between the Declaration and the Constitution and What We Risk by Losing It
  • Churchill’s Trial: Winston Churchill and the Salvation of Free Government” (2015)

References

  1. ^ Jump up to:a b c d e f g Hillsdale College faculty page
  2. ^ Jump up to:a b c Heritage Foundation Board of Trustees
  3. ^ Jump up to:a b c d e Thomas Nelson webpage[dead link]
  4. ^ Jump up to:a b c d e John Locke Foundation webpage
  5. ^ Jump up to:a b c Claremont Institute webpage
  6. Jump up^ Paul E. Gottfried (2011). Leo Strauss and the Conservative Movement in America. Cambridge U.P. p. 59.
  7. Jump up^ Tim Mak, “Heritage Foundation gets tough: Think tank puts punch behind its conservative ideas,” Washington Examiner Sept. 13, 2013
  8. Jump up^ 2014 Membership Directory, redacted and released by the Southern Poverty Law Center
  9. Jump up^ Arnn, Larry (September 1, 2014). “Hugh Hewitt Show” (Interview). Interview with Hugh Hewitt.
  10. Jump up^ http://scholarsandwritersforamerica.org/. Missing or empty |title= (help)
  11. Jump up^ Klein, Rebecca (2013-08-01). “Hillsdale College President Larry Arnn Under Fire For Calling Minority Students ‘Dark Ones'”. Huffington Post.
  12. Jump up^ “Statement from House Democratic Leader Tim Greimel (D-Auburn Hills) on Hillsdale College President Larry Arnn’s racist remarks: | Michigan House Democratic Caucus”. Housedems.com. 2013-07-31. Retrieved 2014-08-27.
  13. Jump up^ Higgins, Lori; Jesse, David (August 1, 2013). “Hillsdale president get heat over racial remark”. Detroit Free Press. Retrieved September 26, 2013. ‘No offense was intended by the use of that term except to the offending bureaucrats, and Dr. Arnn is sorry if such offense was honestly taken. But the greater concern, he believes, is the state-endorsed racism the story illustrates.’

External links

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The Pronk Pops Show 781, October 21, 2016, Part 2 of 2: Story 1: Who Won The Third 2016 Presidential Debate? Trump — Who Will Be Elected President of The United States? — Who Do You Trust The Most? — Trump — Verdict On Hillary Clinton’s Criminal Activities Given By American People on Election Day, November 8 — Videos — Story 2: Hillary Clinton Is Nurse Ratched! — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 781: October 21, 2016

Pronk Pops Show 780: October 20, 2016

Pronk Pops Show 779: October 19, 2016

Pronk Pops Show 778: October 18, 2016

Pronk Pops Show 777: October 17, 2016

Pronk Pops Show 776: October 14, 2016

Pronk Pops Show 775: October 13, 2016

Pronk Pops Show 774: October 12, 2016

Pronk Pops Show 773: October 11, 2016

Pronk Pops Show 772: October 10, 2016

Pronk Pops Show 771: October 7, 2016

Pronk Pops Show 770: October 6, 2016

Pronk Pops Show 769: October 5, 2016 

Pronk Pops Show 768: October 3, 2016

Pronk Pops Show 767: September 30, 2016

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Pronk Pops Show 713: July 6, 2016

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Pronk Pops Show 711: July 1, 2016

Story 1: Who Won The Third 2016 Presidential Debate? Trump — Who Will Be Elected President of The United States? — Who Do You Trust The Most? — Trump — Verdict On Hillary Clinton’s Criminal Activities Given By American People on Election Day, November 8 —  Videos

 

Electoral College Projections as of October 19th

October 19, 2016

As we head into the final presidential debate, and with just under three weeks to go until the 2016 presidential election, here’s the state of the race from the viewpoint of 14 forecasters. You can find all the associated maps, as well as a few others, on our2016 Presidential Election Forecasts page.

Since our last update on October 13th, both Hillary Clinton and Donald Trump’s average total electoral votes are little changed. Clinton is at 300, Trump 187. Within Trump’s average, however, we are beginning to see an erosion in states where the Republican nominee is favored vs. those that are leaning in his direction. For example, a couple forecasters have moved Texas from favored to leaning.

Note that the statistical projections (shaded in gray) in the table may change several times a day as new input data (e.g., polls released that day) are processed by the models. This will lead to more variability vs. the other forecasters.

http://www.270towin.com/news/2016/10/19/electoral-college-projections-october-19th_398.html#.WAgvH-iAOko

Latest Polls

Wednesday, October 19
Race/Topic   (Click to Sort) Poll Results Spread
General Election: Trump vs. Clinton vs. Johnson vs. Stein Quinnipiac Clinton 47, Trump 40, Johnson 7, Stein 1 Clinton +7
General Election: Trump vs. Clinton Quinnipiac Clinton 50, Trump 44 Clinton +6
General Election: Trump vs. Clinton vs. Johnson vs. Stein IBD/TIPP Clinton 40, Trump 41, Johnson 8, Stein 6 Trump +1
General Election: Trump vs. Clinton IBD/TIPP Clinton 44, Trump 41 Clinton +3
General Election: Trump vs. Clinton vs. Johnson vs. Stein Bloomberg Clinton 47, Trump 38, Johnson 8, Stein 3 Clinton +9
General Election: Trump vs. Clinton vs. Johnson vs. Stein Economist/YouGov Clinton 42, Trump 38, Johnson 6, Stein 1 Clinton +4
General Election: Trump vs. Clinton vs. Johnson vs. Stein Reuters/Ipsos Clinton 42, Trump 38, Johnson 6, Stein 2 Clinton +4
General Election: Trump vs. Clinton vs. Johnson vs. Stein Rasmussen Reports Clinton 42, Trump 42, Johnson 7, Stein 1 Tie
General Election: Trump vs. Clinton LA Times/USC Tracking Clinton 44, Trump 44 Tie
North Carolina: Trump vs. Clinton vs. Johnson SurveyUSA Clinton 46, Trump 44, Johnson 6 Clinton +2
North Carolina: Trump vs. Clinton vs. Johnson Civitas (R) Clinton 45, Trump 43, Johnson 5 Clinton +2
Pennsylvania: Trump vs. Clinton vs. Johnson vs. Stein Emerson Clinton 45, Trump 41, Johnson 4, Stein 4 Clinton +4
New Hampshire: Trump vs. Clinton vs. Johnson vs. Stein Emerson Clinton 44, Trump 36, Johnson 10, Stein 6 Clinton +8
New Hampshire: Trump vs. Clinton vs. Johnson vs. Stein WMUR/UNH Clinton 49, Trump 34, Johnson 8, Stein 2 Clinton +15
Missouri: Trump vs. Clinton vs. Johnson vs. Stein Emerson Trump 47, Clinton 39, Johnson 5, Stein 2 Trump +8
Arizona: Trump vs. Clinton vs. Johnson vs. Stein Arizona Republic Clinton 43, Trump 38, Johnson 7, Stein 4 Clinton +5
Wisconsin: Trump vs. Clinton vs. Johnson vs. Stein Monmouth Clinton 47, Trump 40, Johnson 6, Stein 1 Clinton +7
New York: Trump vs. Clinton vs. Johnson vs. Stein Siena Clinton 54, Trump 30, Johnson 5, Stein 4 Clinton +24
Kansas: Trump vs. Clinton vs. Johnson vs. Stein KSN News/SurveyUSA Trump 47, Clinton 36, Johnson 7, Stein 2 Trump +11
Utah: Trump vs. Clinton vs. Johnson vs. Stein vs. McMullin Emerson Trump 27, Clinton 24, McMullin 31, Johnson 5, Stein 0 McMullin +4
Vermont: Trump vs. Clinton vs. Johnson vs. Stein Vermont Public Radio Clinton 45, Trump 17, Johnson 4, Stein 3 Clinton +28

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Presidential Debate – October 19, 2016

Full. Third Presidential Debate. Donald Trump vs Hillary Clinton. October 19, 2016

LIVE: Third Presidential Debate (C-SPAN)

Social media mocks Hillary Clinton’s ‘creepy grandma’ grin

Hillary Clinton ~~ Pure Evil Devil Laugh (Remix)

Trump: Clinton such a nasty woman

Donald Trump: We need to get out ‘bad hombres’

Trump: Justice Ginsburg apologized to me

TRUMP RESPONDS! Project Veritas Action – Clinton Campaign and DNC Incite Violence at Trump Rallies

UPDATE , A MUST WATCH Project Veritas #3

Fox & Friends 10/15/16 NEW Wikileaks Bombshell Hillary Clinton Open Border

WikiLeaks Doc Dump on Hillary! Calls for Open Borders in Leaked Emails! – 10/7/16

WikiLeaks Hits Hillary Clinton with a 9.0 Magnitude Earthquake | 08 Oct 2016

Michael Savage – If Trumps Wins Elite Will Blame Russia And Cancel Elections

RUSH: What In The World Happened To All The Trump Voters?

LIMBAUGH: Woman Who Claims Trump ‘OCTOPUSED’ Her Is MAKING IT UP!

Wikileaks Blows To Pieces Rigged Media, Project Veritas Destroys Democratic Party Operatives

Rigging the Election – Video I: Clinton Campaign and DNC Incite Violence at Trump Rallies

Rigging the Election – Video II: Mass Voter Fraud

FOX NEWS ALERT 10/18/16 Trump On Clinton Email Scandal This Is Big Stuff. This Is Watergate.

Hillary Clinton The Movie Banned by the Courts in 2008

3 Reasons Not To Sweat The “Citizens United” SCOTUS Ruling

What You Probably Haven’t Heard About Citizens United

Justice Scalia on Citizens United (C-SPAN)

Crooked Hillary Threatens to Ban Gun Ownership With Supreme Court Nominations

Hillary Clinton Outlines Plan to Abolish the Second Amendment

The Heller Ruling, Five Years On (Robert Levy)

Dem Operative Who Oversaw Trump Rally Agitators Visited White House 342 Times

PETER HASSON

Reporter, Associate Editor

A key operative in a Democratic scheme to send agitators to cause unrest at Donald Trump’s rallies has visited the White House 342 times since 2009, White House records show.

Robert Creamer, who acted as a middle man between the Clinton campaign, the Democratic National Committee and “protesters” who tried — and succeeded — to provoke violence at Trump rallies met with President Obama during 47 of those 342 visits, according to White House records. Creamer’s last visit was in June 2016.

Creamer, whose White House visits were first pointed out by conservative blog Weasel Zippers, is stepping back from his role within the Clinton campaign. (RELATED: Second O’Keefe Video Shows Dem Operative Boasting About Voter Fraud)

Hidden camera video from activist James O’Keefe showed Creamer bragging that his role within the Clinton campaign was to oversee the work of Americans United for Change, a non-profit organization that sent activists to Trump rallies. (RELATED: Activist Who Took Credit For Violent Chicago Protests Was On Hillary’s Payroll)

Scott Foval, the national field director for Americans United for Change, explained how the scheme works.
“The [Clinton] campaign pays DNC, DNC pays Democracy Partners, Democracy Partners pays the Foval Group, The Foval Group goes and executes the shit,” Foval told an undercover journalist.
One example of the “shit” Foval executes was an instance in which a 69-year-old woman garnered headlines after claiming to be assaulted at a Trump rally.

“She was one of our activists,” Foval said.

Creamer’s job was to “manage” the work carried out by Foval.

“And the Democratic Party apparatus and the people from the campaign, the Clinton campaign and my role with the campaign, is to manage all that,” Creamer told an undercover journalist.

“Wherever Trump and Pence are gonna be we have events,” he said.

http://dailycaller.com/2016/10/18/exposed-dem-operative-who-oversaw-trump-rally-agitators-visited-white-house-342-times/#ixzz4Naebnlzy

 

 

Citizens United v. FEC

From Wikipedia, the free encyclopedia
“Citizens United” redirects here. For the political organization, see Citizens United (organization). For other uses, see Citizens United (disambiguation).
Citizens United v. Federal Election Commission
Seal of the United States Supreme Court.svg

Argued March 24, 2009
Reargued September 9, 2009
Decided January 21, 2010
Full case name Citizens United, Appellant v. Federal Election Commission
Docket nos. 08-205
Citations 558 U.S. 310 (more)

130 S.Ct. 876
Argument Oral argument
Reargument Reargument
Opinion announcement Opinion announcement
Prior history denied appellants motion for a preliminary injunction 530 F. Supp. 2d 274 (D.D.C. 2008)[1]probable jurisdiction noted128 S. Ct. 1471 (2008).
Holding
The Freedom of the Speech Clause of the First Amendment to the United States Constitution prohibits the government from restricting independent political expenditures by a nonprofit corporation. And the provision of the Bipartisan Campaign Reform Act prohibiting unions, corporations and not-for-profit organizations from broadcasting electioneering communications within 60 days of a general election or 30 days of a primary election violates the clause of the First Amendment to the United States Constitution. United States District Court for the District of Columbia reversed.
Court membership
Case opinions
Majority Kennedy, joined by Roberts, Scalia, Alito; Thomas (all but Part IV); Stevens, Ginsburg, Breyer, Sotomayor (only as to Part IV)
Concurrence Roberts, joined by Alito
Concurrence Scalia, joined by Alito; Thomas (in part)
Concur/dissent Stevens, joined by Ginsburg, Breyer, Sotomayor
Concur/dissent Thomas
Laws applied
U.S. Const. amend. I, Bipartisan Campaign Reform Act
This case overturned a previous ruling or rulings
McConnell v. FEC (in part)

Citizens United v. Federal Election Commission, No. 08-205, 558U.S.310 (2010), is a U.S. constitutional law and corporate law case dealing with the regulation of campaign spending by organizations. The United States Supreme Court held (5–4) that freedom of speech prohibited the government from restricting independent political expenditures by a nonprofit corporation. The principles articulated by the Supreme Court in the case have also been extended to for-profit corporations, labor unions and other associations.[2][3]

In the case, the conservativenon-profit organizationCitizens United wanted to air a film critical of Hillary Clinton and to advertise the film during television broadcasts, which was a violation of the 2002 Bipartisan Campaign Reform Act, commonly known as the McCain–Feingold Act or “BCRA”.[4] Section 203 of BCRA defined an “electioneering communication” as a broadcast, cable, or satellite communication that mentioned a candidate within 60 days of a general election or 30 days of a primary, and prohibited such expenditures by corporations and unions. The United States District Court for the District of Columbia held that §203 of BCRA applied and prohibited Citizens United from advertising the film Hillary: The Movie in broadcasts or paying to have it shown on television within 30 days of the 2008 Democratic primaries.[1][5] The Supreme Court reversed this decision, striking down those provisions of BCRA that prohibited corporations (including nonprofit corporations) and unions from making independent expenditures and “electioneering communications”.[4] The majority decision overruled Austin v. Michigan Chamber of Commerce (1990) and partially overruled McConnell v. Federal Election Commission (2003).[6] The Court, however, upheld requirements for public disclosure by sponsors of advertisements (BCRA §201 and §311). The case did not involve the federal ban on direct contributions from corporations or unions to candidate campaigns or political parties, which remain illegal in races for federal office.[7]

Background

The Bipartisan Campaign Reform Act of 2002 (known as BCRA or McCain–Feingold Act) – specifically §203, which modified the Federal Election Campaign Act of 1971, 2 U.S.C.§ 441b – prohibited corporations and unions from using their general treasury to fund “electioneering communications” (broadcast advertisements mentioning a candidate) within 30 days before a primary or 60 days before a general election. During the 2004 presidential campaign, a conservative nonprofit 501(c)(4) organization named Citizens United filed a complaint before the Federal Election Commission (FEC) charging that advertisements for Michael Moore’s film Fahrenheit 9/11, a docudrama critical of the Bush administration’s response to the terrorist attacks on September 11, 2001, constituted political advertising and thus could not be aired within the 30 days before a primary election or 60 days before a general election. The FEC dismissed the complaint after finding no evidence that broadcast advertisements for the film and featuring a candidate within the proscribed time limits had actually been made.[8] The FEC later dismissed a second complaint which argued that the movie itself constituted illegal corporate spending advocating the election or defeat of a candidate, which was illegal under the Taft-Hartley Act of 1947 and the Federal Election Campaign Act Amendments of 1974. In dismissing that complaint, the FEC found that:

The complainant alleged that the release and distribution of FAHRENHEIT 9/11 constituted an independent expenditure because the film expressly advocated the defeat of President Bush and that by being fully or partially responsible for the film’s release, Michael Moore and other entities associated with the film made excessive and/or prohibited contributions to unidentified candidates. The Commission found no reason to believe the respondents violated the Act because the film, associated trailers and website represented bona fide commercial activity, not “contributions” or “expenditures” as defined by the Federal Election Campaign Act.[9]

In the wake of these decisions, Citizens United sought to establish itself as a bona fide commercial film maker, producing several documentary films between 2005 and 2007. By early 2008, it sought to run television commercials to promote its political documentary Hillary: The Movie and to air the movie on DirecTV.[10]

In the District Court

In December 2007 Citizens United filed a complaint in the U.S. District Court for the District of Columbia challenging the constitutionality of several statutory provisions governing “electioneering communications”.[11] It asked the court to declare that the corporate and union funding restrictions were unconstitutional both on its face and as applied to Hillary: The Movie, and to enjoin the Federal Election Commission from enforcing its regulations. Citizens United also argued that the Commission’s disclosure and disclaimer requirements were unconstitutional as applied to the movie pursuant to the Supreme Court decision in Federal Election Commission v. Wisconsin Right to Life, Inc.. It also sought to enjoin the funding, disclosure, and disclaimer requirements as applied to Citizens United’s intended ads for the movie.

In accordance with special rules in section 403 of the BCRA, a three-judge court was convened to hear the case. On January 15, 2008, the court denied Citizens United’s motion for a preliminary injunction, finding that the suit had little chance of success because the movie had no reasonable interpretation other than as an appeal to vote against Senator Clinton, that it was therefore express advocacy, not entitled to exemption from the ban on corporate funding of electioneering communications, and that television advertisements for the movie within 30 days of a primary violated the BCRA restrictions on “electioneering communications”.[12] The court held that the Supreme Court in McConnell v. FEC (2003) had found the disclosure requirements constitutional as to all electioneering communications, and Wisconsin RTL did not disturb this holding because the only issue of that case was whether speech that did not constitute the functional equivalent of express advocacy could be banned during the relevant pre-election period.

On July 18, 2008, the District Court granted summary judgement to the Federal Election Commission. In accordance with the special rules in the BCRA, Citizens United appealed to the Supreme Court which docketed the case on August 18, 2008 and granted certiorari on November 14, 2008.[13]

The Supreme Court heard oral argument on March 24, 2009[10][14][15] and then asked for further briefs on June 29; the re-argument was heard on September 9, 2009.[13]

Before the Supreme Court

During the original oral argument, Deputy Solicitor General Malcolm L. Stewart (representing the FEC) argued that under Austin v. Michigan Chamber of Commerce, the government would have the power to ban books if those books contained even one sentence expressly advocating the election or defeat of a candidate and were published or distributed by a corporation or labor union.[16] In response to this line of questioning, Stewart further argued that under Austin the government could ban the digital distribution of political books over the Amazon Kindle or prevent a union from hiring a writer to author a political book.[17]

According to a 2012 article in The New Yorker by Jeffrey Toobin, the Court expected after oral argument to rule on the narrow question that had originally been presented: could Citizens United show the film? At the subsequent conference among the justices after oral argument, the vote was 5–4 in favor of Citizens United being allowed to show the film. The justices voted the same as they had in Federal Election Commission v. Wisconsin Right to Life, Inc., a similar 2007 case, with Chief Justice Roberts and Justices Scalia, Kennedy, Thomas and Alito in the majority.[18]

Chief Justice John Roberts wrote the initial opinion of the Court, holding that the BCRA allowed the showing of the film. A draft concurring opinion by Justice Kennedy argued that the court could and should have gone much further. The other justices in the majority began agreeing with Kennedy, and convinced Roberts to reassign the writing and allow Kennedy’s concurrence to become the majority opinion.[18]

On the other side, John Paul Stevens, the most senior justice in the minority, assigned the dissent to David Souter, who announced his retirement from the Court while he was working on it. The final draft went beyond critiquing the majority. Toobin described it as “air[ing] some of the Court’s dirty laundry,” writing that Souter’s dissent accused Roberts of having manipulated Court procedures to reach his desired result – an expansive decision that, Souter claimed, changed decades of election law and ruled on issues neither party to the litigation had presented.[18]

According to Toobin, Roberts was concerned that Souter’s dissent, likely to be his last opinion for the Court, could “damage the Court’s credibility.” He agreed with the minority to withdraw the opinion and schedule the case for reargument. However, when he did, the “Questions Presented” to the parties were more expansive, touching on the issues Kennedy had identified. According to Toobin, the eventual result was therefore a foregone conclusion from that point on.[18] Toobin’s account has been criticized for drawing conclusions unsupported by the evidence in his article.[19]

On June 29, 2009, the last day of the term, the Court issued an order directing the parties to re-argue the case on September 9 after briefing whether it might be necessary to overrule Austin and/or McConnell v. Federal Election Commission to decide the case.[20] Justice Stevens noted in his dissent that in its prior motion for summary judgment Citizens United had abandoned its facial challenge of BCRA §203, with the parties agreeing to the dismissal of the claim.[21]

Justice Sotomayor sat on the bench for the first time during the second round of oral arguments. This was the first case argued by then-Solicitor General and future Supreme Court Justice Elena Kagan. Former Bush Solicitor General Ted Olson and First Amendment lawyer Floyd Abrams argued for Citizens United, and former Clinton Solicitor General Seth Waxman defended the statute on behalf of various supporters.[22] Legal scholar Erwin Chemerinsky called it “one of the most important First Amendment cases in years”.[23]

Opinions of the Court

Majority opinion

Justice Kennedy, the author of the Court’s opinion.

Justice Kennedy’s majority opinion[24] found that the BCRA §203 prohibition of all independent expenditures by corporations and unions violated the First Amendment’s protection of free speech. The majority wrote, “If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.”[25]

Justice Kennedy’s opinion also noted that because the First Amendment does not distinguish between media and other corporations, the BCRA restrictions improperly allowed Congress to suppress political speech in newspapers, books, television, and blogs.[4] The Court overruled Austin, which had held that a state law that prohibited corporations from using treasury money to support or oppose candidates in elections did not violate the First and Fourteenth Amendments. The Court also overruled that portion of McConnell that upheld BCRA’s restriction of corporate spending on “electioneering communications”. The Court’s ruling effectively freed corporations and unions to spend money both on “electioneering communications” and to directly advocate for the election or defeat of candidates (although not to contribute directly to candidates or political parties).

The majority ruled that the Freedom of the Press clause of the First Amendment protects associations of individuals in addition to individual speakers, and further that the First Amendment does not allow prohibitions of speech based on the identity of the speaker. Corporations, as associations of individuals therefore, have free speech rights under the First Amendment. Because spending money is essential to disseminating speech, as established in Buckley v. Valeo, limiting a corporation’s ability to spend money is unconstitutional because it limits the ability of its members to associate effectively and to speak on political issues.

The decision overruled Austin because that decision allowed different restrictions on speech-related spending based on corporate identity. Additionally, the decision said that Austinwas based on an “equality” rationale – trying to equalize speech between different speakers – that the Court had previously rejected as illegitimate under the First Amendment in Buckley. The Michigan statute at issue in Austin had distinguished between corporate and union spending, prohibiting the former while allowing the latter. The Austin Court, over the dissent by Justices Scalia, Kennedy, and O’Connor, had held that such distinctions were within the legislature’s prerogative. In Citizens United v. Federal Election Commission, however, the majority argued that the First Amendment purposefully keeps the government from interfering in the “marketplace of ideas” and “rationing” speech, and it is not up to the legislatures or the courts to create a sense of “fairness” by restricting speech.[24]

The majority also criticized Austin’s reasoning that the “distorting effect” of large corporate expenditures constituted a risk of corruption or the appearance of corruption. Rather, the majority argued that the government had no place in determining whether large expenditures distorted an audience’s perceptions, and that the type of “corruption” that might justify government controls on spending for speech had to relate to some form of “quid pro quo” transaction: “There is no such thing as too much speech.”[24] The public has a right to have access to all information and to determine the reliability and importance of the information. Additionally, the majority did not believe that reliable evidence substantiated the risk of corruption or the appearance of corruption, and so this rationale did not satisfy strict scrutiny.

The Court’s opinion relied heavily on the reasoning and principles of the landmark campaign finance case of Buckley and First National Bank of Boston v. Bellotti, in which the Court struck down a broad prohibition against independent expenditures by corporations in ballot initiatives and referenda.[24] Specifically, the Court echoed Bellotti’s rejection of categories based on a corporation’s purpose. The majority argued that to grant Freedom of the Press protections to media corporations, but not others, presented a host of problems; and so all corporations should be equally protected from expenditure restrictions.

The Court found that BCRA §§201 and 311, provisions requiring disclosure of the funder, were valid as applied to the movie advertisements and to the movie itself.[24] The majority ruled for the disclosure of the sources of campaign contributions, saying that

…prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters. Shareholders can determine whether their corporation’s political speech advances the corporation’s interest in making profits, and citizens can see whether elected officials are “in the pocket” of so-called moneyed interests…This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.[26][27]

Concurrences

Chief Justice Roberts, with whom Justice Alito joined, wrote separately “to address the important principles of judicial restraint and stare decisis implicated in this case”.[28]

Roberts wrote to further explain and defend the Court’s statement that “there is a difference between judicial restraint and judicial abdication.” Roberts explained why the Court must sometimes overrule prior decisions. Had prior Courts never gone against stare decisis, for example, “segregation would be legal, minimum wage laws would be unconstitutional, and the Government could wiretap ordinary criminal suspects without first obtaining warrants”. Roberts’ concurrence recited a plethora of case law in which the court had ruled against precedent. Ultimately, Roberts argued that “stare decisis…counsels deference to past mistakes, but provides no justification for making new ones”.[28]

Justice Scalia joined the opinion of the Court, and wrote a concurring opinion joined by Justice Alito in full and by Justice Thomas in part. Scalia addressed Justice Stevens‘ dissent, specifically with regard to theoriginal understanding of the First Amendment. Scalia said Stevens’ dissent was “in splendid isolation from the text of the First Amendment…It never shows why ‘the freedom of speech’ that was the right of Englishmen did not include the freedom to speak in association with other individuals, including association in the corporate form.” He further considered the dissent’s exploration of the Framers’ views about the “role of corporations in society” to be misleading, and even if valid, irrelevant to the text. Scalia principally argued that the First Amendment was written in “terms of speech, not speakers” and that “Its text offers no foothold for excluding any category of speaker.”[29] Scalia argued that the Free Press clause was originally intended to protect the distribution of written materials and did not only apply to the media specifically. This understanding supported the majority’s contention that the Constitution does not allow the Court to separate corporations into media and non-media categories.[24]

Justice Thomas wrote a separate opinion concurring in all but the upholding of the disclosure provisions. In order to protect the anonymity of contributors to organizations exercising free speech, Thomas would have struck down the reporting requirements of BCRA §201 and §311 as well, rather than allowing them to be challenged only on a case-specific basis. Thomas’s primary argument was that anonymous free speech is protected and that making contributor lists public makes the contributors vulnerable to retaliation, citing instances of retaliation against contributors to both sides of a then recent California voter initiative. Thomas also expressed concern that such retaliation could extend to retaliation by elected officials. Thomas did not consider “as-applied challenges” to be sufficient to protect against the threat of retaliation.[30]

Dissent

Justice Stevens, the author of the dissenting opinion.

A dissenting opinion by Justice Stevens[31] was joined by Justice Ginsburg, Justice Breyer, and Justice Sotomayor. To emphasize his unhappiness with the majority, Stevens read part of his 90-page dissent from the bench.[32] Stevens concurred in the Court’s decision to sustain BCRA’s disclosure provisions, but dissented from the principal holding of the Court. He argued that the Court’s ruling “threatens to undermine the integrity of elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution.” He added: “A democracy cannot function effectively when its constituent members believe laws are being bought and sold.”[33]

Stevens also argued that the Court addressed a question not raised by the litigants when it found BCRA §203 to be facially unconstitutional, and that the majority “changed the case to give themselves an opportunity to change the law”.[24] He argued that the majority had expanded the scope beyond the questions presented by the appellant and that therefore a sufficient record for judging the case did not exist. Stevens argued that at a minimum the Court should have remanded the case for a fact-finding hearing, and that the majority did not consider other compilations of data, such as the Congressional record for justifying BCRA §203.

Stevens referenced a number of major cases to argue that the Court had long recognized that to deny Congress the power to safeguard against “the improper use of money to influence the result [of an election] is to deny to the nation in a vital particular the power of self protection”.[34] After recognizing that in Buckley v. Valeo the Court had struck down portions of a broad prohibition of independent expenditures from any sources, Stevens argued that nevertheless Buckley recognized the legitimacy of “prophylactic” measures for limiting campaign spending and found the prevention of “corruption” to be a reasonable goal for legislation. Consequently, Stevens argued that Buckley left the door open for carefully tailored future regulation.[24] Although the majority echoed many of the arguments in First National Bank of Boston v. Bellotti, Stevens argued that the majority opinion contradicted the reasoning of other campaign finance cases – in particular, Austin v. Michigan State Chamber of Commerce and McConnell v. Federal Election Commission – and found it telling that the majority, when citing such cases, referenced mainly dissenting opinions.

Stevens’ dissent specifically sought to address a number of the majority’s central arguments:

First, Stevens argued that the majority failed to recognize the possibility for corruption outside strict quid pro quo exchanges. He referenced facts from a previous BCRA challenge to argue that, even if the exchange of votes for expenditures could not be shown, contributors gain favorable political access from such expenditures.[24] The majority considered access to be insufficient justification for limiting speech rights.

Stevens, however, argued that in the past, even when striking down a ban on corporate independent expenditures, the Court “never suggested that such quid pro quo debts must take the form of outright vote buying or bribes” (Bellotti). Buckley, he said, also acknowledged that large independent expenditures present the same dangers as quid pro quo arrangements, although Buckley struck down limits on such independent expenditures. Using the record from a previous BCRA §203 challenge, he argued that independent expenditures were sometimes a factor in gaining political access and concluded that large independent expenditures generate more influence than direct campaign contributions.[24] Furthermore, Stevens argued that corporations could threaten Representatives and Senators with negative advertising to gain unprecedented leverage. Stevens supported his argument by citing Caperton v. A.T. Massey Coal Co.,[35] where the Court held that $3 million in independent expenditures in a judicial race raised sufficient questions about a judge’s impartiality to require the judge to recuse himself in a future case involving the spender. Stevens argued that it was contradictory for the majority to ignore the same risks in legislative and executive elections, and argued that the majority opinion would exacerbate the problem presented in Caperton because of the number of states with judicial elections and increased spending in judicial races.

Second, Stevens argued that the majority did not place enough emphasis on the need to prevent the “appearance of corruption” in elections. Earlier cases, including Buckley and Bellotti, recognized the importance of public confidence in democracy. Stevens cited recent data indicating that 80% of the public view corporate independent expenditures as a method used to gain unfair legislative access.[24] Stevens predicted that if the public believes that corporations dominate elections, disaffected voters will stop participating.

Third, Stevens argued that the majority’s decision failed to recognize the dangers of the corporate form. Austin held that the prevention of corruption, including the distorting influence of a dominant funding source, was a sufficient reason for regulating corporate independent expenditures. In defending Austin, Stevens argued that the unique qualities of corporations and other artificial legal entities made them dangerous to democratic elections. These legal entities, he argued, have perpetual life, the ability to amass large sums of money, limited liability, no ability to vote, no morality, no purpose outside profit-making, and no loyalty. Therefore, he argued, the courts should permit legislatures to regulate corporate participation in the political process.

Legal entities, Stevens wrote, are not “We the People” for whom our Constitution was established.[24] Therefore, he argued, they should not be given speech protections under the First Amendment. The First Amendment, he argued, protects individual self-expression, self-realization and the communication of ideas. Corporate spending is the “furthest from the core of political expression” protected by the Constitution, he argued, citing Federal Election Commission v. Beaumont,[36] and corporate spending on politics should be viewed as a business transaction designed by the officers or the boards of directors for no purpose other than profit-making. Stevens called corporate spending “more transactional than ideological”. Stevens also pointed out that any member of a corporation may spend personal money on promoting a campaign because BCRA only prohibited the use of general treasury money.

Fourth, Stevens attacked the majority’s central argument: that the prohibition of spending guards free speech and allows the general public to receive all available information. Relying on Austin, Stevens argued that corporations “unfairly influence” the electoral process with vast sums of money that few individuals can match, which distorts the public debate. Because a typical voter can only absorb so much information during a relevant election period, Stevens described “unfair corporate influence” as the potential to outspend others, to push others out of prime broadcasting spots and to dominate the “marketplace of ideas”.[24] This process, he argued, puts disproportionate focus on this speech and gives the impression of widespread support regardless of actual support. Thus, this process marginalizes the speech of other individuals and groups.

Stevens referred to the majority’s argument that “there is no such thing as too much speech” as “facile” and a “straw man” argument. He called it an incorrect statement of First Amendment law because the Court recognizes numerous exceptions to free speech, such as fighting words, obscenity restrictions, time, place and manner restrictions, etc. Throughout his dissent, Stevens said that the majority’s “slogan” ignored the possibility that too much speech from one source could “drown out” other points of view.

Fifth, Stevens criticized the majority’s fear that the government could use BCRA §203 to censor the media. The focus placed on this hypothetical fear made no sense to him because it did not relate to the facts of this case – if the government actually attempted to apply BCRA §203 to the media (and assuming that Citizens United could not constitute “media”), the Court could deal with the problem at that time. Stevens described the majority’s supposed protection of the media as nothing more than posturing. According to him, it was the majority’s new rule, announced in this case, that prohibited a law from distinguishing between “speakers” or funding sources. This new rule would be the only reason why media corporations could not be exempted from BCRA §203. In this, Stevens and the majority conceptualize the First Amendment’s protection of “the press” quite differently. Stevens argues that the “Press” is an entity, which can be distinguished from other persons and entities which are not “press”. The majority opinion viewed “freedom of the press” as an activity, applicable to all citizens or groups of citizens seeking to publish views.

Sixth, Stevens claimed that the majority failed to give proper deference to the legislature. Stevens predicted that this ruling would restrict the ability of the states to experiment with different methods for decreasing corruption in elections. According to Stevens, this ruling virtually ended those efforts, “declaring by fiat” that people will not “lose faith in our democracy”.[24] Stevens argued that the majority’s view of a self-serving legislature, passing campaign-spending laws to gain an advantage in retaining a seat, coupled with “strict scrutiny” of laws, would make it difficult for any campaign finance regulation to be upheld in future cases.

Seventh, Stevens argued that the majority opinion ignored the rights of shareholders. A series of cases protects individuals from legally compelled payment of union dues to support political speech.[37] Because shareholders invest money in corporations, Stevens argued that the law should likewise help to protect shareholders from funding speech that they oppose. The majority, however, argued that ownership of corporate stock was voluntary, and that unhappy shareholders could simply sell off their shares if they did not agree with the corporation’s speech. Stevens also argued that Political Action Committees (PACs), which allow individual members of a corporation to invest money in a separate fund, are an adequate substitute for general corporate speech and better protect shareholder rights. The majority, by contrast, had argued that most corporations are too small and lack the resources and raw number of shareholders and management staff necessary to cover the compliance, accounting, and administrative costs of maintaining a PAC. In this dispute, the opposing views essentially discussed differing types of entities: Stevens focused his argument on large, publicly held corporations, while the justices in the majority, and particularly Justice Scalia’s concurring opinion, placed an emphasis on small, closely held corporations and non-profits.

Stevens called the majority’s faith in “corporate democracy” an unrealistic method for a shareholder to oppose political funding. A derivative suit is slow, inefficient, risky and potentially expensive. Likewise, shareholder meetings only happen a few times a year, not prior to every decision or transaction. Rather, the officers and boards control the day-to-day spending, including political spending. According to Stevens, the shareholders have few options, giving them “virtually nonexistent” recourse for opposing a corporation’s political spending.[24] Furthermore, most shareholders use investment intermediaries, such as mutual funds or pensions, and by the time a shareholder may find out about a corporation’s political spending and try to object, the damage is done and the shareholder has funded disfavored speech.

Stevens concluded his dissent:

At bottom, the Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics.[25]

Subsequent developments

There was a wide range of reactions to the case from politicians, academics, attorneys, advocacy groups and journalists.

Support

Politicians

Senate Minority Leader Mitch McConnell, a plaintiff in the earlier related decision McConnell v. FEC, said:[38][39]

For too long, some in this country have been deprived of full participation in the political process. With today’s monumental decision, the Supreme Court took an important step in the direction of restoring the First Amendment rights of these groups by ruling that the Constitution protects their right to express themselves about political candidates and issues up until Election Day. By previously denying this right, the government was picking winners and losers. Our democracy depends upon free speech, not just for some but for all.

Republican campaign consultant Ed Rollins opined that the decision adds transparency to the election process and will make it more competitive.[40]

Advocacy groups

Citizens United, the group filing the lawsuit, said, “Today’s U.S. Supreme Court decision allowing Citizens United to air its documentary films and advertisements is a tremendous victory, not only for Citizens United but for every American who desires to participate in the political process.”[41] During litigation, Citizens United had support from the United States Chamber of Commerce and the National Rifle Association.[42]

Campaign finance attorney Cleta Mitchell, who had filed an amicus curiae brief on behalf of two advocacy organizations opposing the ban, wrote that “The Supreme Court has correctly eliminated a constitutionally flawed system that allowed media corporations (e.g., The Washington Post Co.) to freely disseminate their opinions about candidates using corporate treasury funds, while denying that constitutional privilege to Susie’s Flower Shop Inc. … The real victims of the corporate expenditure ban have been nonprofit advocacy organizations across the political spectrum.”[43]

Heritage Foundation fellow Hans A. von Spakovsky, a former Republican member of the Federal Election Commission, said “The Supreme Court has restored a part of the First Amendment that had been unfortunately stolen by Congress and a previously wrongly-decided ruling of the court.”[44]

Libertarian Cato Institute analysts John Samples and Ilya Shapiro wrote that restrictions on advertising were based on the idea “that corporations had so much money that their spending would create vast inequalities in speech that would undermine democracy”. However, “to make campaign spending equal or nearly so, the government would have to force some people or groups to spend less than they wished. And equality of speech is inherently contrary to protecting speech from government restraint, which is ultimately the heart of American conceptions of free speech.”[45]

The American Civil Liberties Union filed an amicus brief that supported the decision,[46] saying that “section 203 should now be struck down as facially unconstitutional”, though membership was split over the implications of the ruling and its board sent the issue to its special committee on campaign finance for further consideration.[47] On March 27, 2012, the ACLU reaffirmed its stance in support of the Supreme Court’sCitizens United ruling.[48]

Academics and attorneys

Bradley A. Smith, professor of law at Capital University Law School, former chairman of the FEC, founder of the Center for Competitive Politics and a leading proponent of deregulation of campaign finance, wrote that the major opponents of political free speech are “incumbent politicians” who “are keen to maintain a chokehold on such speech”. Empowering “small and midsize corporations – and every incorporated mom-and-pop falafel joint, local firefighters’ union, and environmental group – to make its voice heard” frightens them.[49] In response to statements by President Obama and others that the ruling would allow foreign entities to gain political influence through U.S. subsidiaries, Smith pointed out that the decision did not overturn the ban on political donations by foreign corporations and the prohibition on any involvement by foreign nationals in decisions regarding political spending by U.S. subsidiaries, which are covered by other parts of the law.[50][51][52]

Campaign finance expert Jan Baran, a member of the Commission on Federal Ethics Law Reform, agreed with the decision, writing that “The history of campaign finance reform is the history of incumbent politicians seeking to muzzle speakers, any speakers, particularly those who might publicly criticize them and their legislation. It is a lot easier to legislate against unions, gun owners, ‘fat cat’ bankers, health insurance companies and any other industry or ‘special interest’ group when they can’t talk back.” Baran further noted that in general conservatives and libertarians praised the ruling’s preservation of the First Amendment and freedom of speech, but that liberals and campaign finance reformers criticized it as greatly expanding the role of corporate money in politics.[53]

Attorney Kenneth Gross, former associate general counsel of the FEC, wrote that corporations relied more on the development of long-term relationships, political action committees and personal contributions, which were not affected by the decision. He held that while trade associations might seek to raise funds and support candidates, corporations which have “signed on to transparency agreements regarding political spending” may not be eager to give.[43]

The New York Times asked seven academics to opine on how corporate money would reshape politics as a result of the court’s decision.[54] Three of the seven wrote that the effects would be minimal or positive: Christopher Cotton, a University of Miami School of Business assistant professor of economics, wrote that “There may be very little difference between seeing eight ads or seeing nine ads (compared to seeing one ad or two). And, voters recognize that richer candidates are not necessarily the better candidates, and in some cases, the benefit of running more ads is offset by the negative signal that spending a lot of money creates.[54]Eugene Volokh, a professor of law at UCLA, stated that the “most influential actors in most political campaigns” are media corporations which “overtly editorialize for and against candidates, and also influence elections by choosing what to cover and how to cover it”. Holding that corporations like Exxon would fear alienating voters by supporting candidates, the decision really meant that voters would hear “more messages from more sources”.[54] Joel Gora, a professor at Brooklyn Law School who had previously argued the case of Buckley v. Valeo on behalf of the American Civil Liberties Union, said that the decision represented “a great day for the First Amendment” writing that the Court had “dismantled the First Amendment ‘caste system’ in election speech”.[54]

Journalists

The Editorial Board of the San Antonio Express-News criticized McCain–Feingold’s exception for media corporations from the ban on corporate electioneering, writing that it “makes no sense” that the paper could make endorsements up until the day of the election but advocacy groups could not. “While the influence of money on the political process is troubling and sometimes corrupting, abridging political speech is the wrong way to counterbalance that influence.”[55]

Anthony Dick in National Review countered a number of arguments against the decision, asking rhetorically, “is there something uniquely harmful and/or unworthy of protection about political messages that come from corporations and unions, as opposed to, say, rich individuals, persuasive writers, or charismatic demagogues?” He noted that “a recent Gallup poll shows that a majority of the public actually agrees with the Court that corporations and unions should be treated just like individuals in terms of their political-expenditure rights”.[56] A Gallup poll taken in October 2009 and released soon after the decision showed 57 percent of those surveyed agreed that contributions to political candidates are a form of free speech and 55 percent agreed that the same rules should apply to individuals, corporations and unions. Sixty-four percent of Democrats and Republicans believed campaign donations are a form of free speech.[57]

Chicago Tribune editorial board member Steve Chapman wrote “If corporate advocacy may be forbidden as it was under the law in question, it’s not just Exxon Mobil and Citigroup that are rendered mute. Nonprofit corporations set up merely to advance goals shared by citizens, such as the American Civil Liberties Union and the National Rifle Association, also have to put a sock in it. So much for the First Amendment goal of fostering debate about public policy.”[58]

Opposition

Politicians

President Barack Obama stated that the decision “gives the special interests and their lobbyists even more power in Washington – while undermining the influence of average Americans who make small contributions to support their preferred candidates”.[59] Obama later elaborated in his weekly radio address saying, “this ruling strikes at our democracy itself” and “I can’t think of anything more devastating to the public interest”.[60]On January 27, 2010, Obama further condemned the decision during the 2010 State of the Union Address, stating that, “Last week, the Supreme Court reversed a century of law[61] to open the floodgates for special interests – including foreign corporations – to spend without limit in our elections. Well I don’t think American elections should be bankrolled by America’s most powerful interests, or worse, by foreign entities.” On television, the camera shifted to a shot of the SCOTUS judges in the front row directly in front of the President while he was making this statement, and Justice Samuel Alito was frowning, shaking his head side to side while mouthing the words “Not true”.[62][63][64][65][66][67]

Democratic Senator Russ Feingold, a lead sponsor of the 2002 Bipartisan Campaign Reform Act, stated “This decision was a terrible mistake. Presented with a relatively narrow legal issue, the Supreme Court chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president.”[68]RepresentativeAlan Grayson, a Democrat, stated that it was “the worst Supreme Court decision since the Dred Scott case, and that the court had opened the door to political bribery and corruption in elections to come.[69] Democratic congresswoman Donna Edwards, along with constitutional law professor and Maryland Democratic State Senator Jamie Raskin, have advocated petitions to reverse the decision by means of constitutional amendment.[70] Rep. Leonard Boswell introduced legislation to amend the constitution.[71] Senator John Kerry also called for an Amendment to overrule the decision.[72] On December 8, 2011, Senator Bernie Sanders proposed the Saving American Democracy Amendment, which would reverse the court’s ruling.[73][74]

Republican Senator John McCain, co-crafter of the 2002 Bipartisan Campaign Reform Act and the party’s 2008 presidential nominee, said “there’s going to be, over time, a backlash … when you see the amounts of union and corporate money that’s going to go into political campaigns”.[75] McCain was “disappointed by the decision of the Supreme Court and the lifting of the limits on corporate and union contributions” but not surprised by the decision, saying that “It was clear that Justice Roberts, Alito and Scalia, by their very skeptical and even sarcastic comments, were very much opposed to BCRA.”[68] Republican Senator Olympia Snowe opined that “Today’s decision was a serious disservice to our country.”[76]

Although federal law after Citizens United v. Federal Election Commission still prohibited corporate contributions to all political parties, Sanda Everette, co-chair of the Green Party, stated that “The ruling especially hurts the ability of parties that don’t accept corporate contributions, like the Green Party, to compete.” Another Green Party officer, Rich Whitney, stated “In a transparently political decision, a majority of the US Supreme Court overturned its own recent precedent and paid tribute to the giant corporate interests that already wield tremendous power over our political process and political speech.”

Ralph Nader condemned the ruling,[77] saying that “With this decision, corporations can now directly pour vast amounts of corporate money, through independent expenditures, into the electoral swamp already flooded with corporate campaign PAC contribution dollars.” He called for shareholder resolutions asking company directors to pledge not to use company money to favor or oppose electoral candidates.[78]Pat Choate, former Reform Party candidate for Vice President, stated, “The court has, in effect, legalized foreign governments and foreign corporations to participate in our electoral politics.”[79]

Senator Bernie Sanders, a contender in the 2016 Democratic Primary, has filed a constitutional amendment to overturn the Supreme Court’s Decision.[80] Further, both Sanders and Hillary Clinton have said that, if elected, they will only appoint Supreme Court Justices who are committed to the repeal of Citizens United.[81] In September 2015, Sanders said that “the foundations of American Democracy are being undermined” and called for sweeping campaign finance reform.[82]

International

Ambassador Janez Lenarčič, speaking for the Organization for Security and Co-operation in Europe‘s Office for Democratic Institutions and Human Rights (which has overseen over 150 elections) said the ruling may adversely affect the organization’s two commitments of “giving voters a genuine choice and giving candidates a fair chance” in that “it threatens to further marginalize candidates without strong financial backing or extensive personal resources, thereby in effect narrowing the political arena”.[83]

Academics and attorneys

Money isn’t speech and corporations aren’t people
— David Kairys[84]

The constitutional law scholar Laurence H. Tribe wrote that the decision “marks a major upheaval in First Amendment law and signals the end of whatever legitimate claim could otherwise have been made by the Roberts Court to an incremental and minimalist approach to constitutional adjudication, to a modest view of the judicial role vis-à-vis the political branches, or to a genuine concern with adherence to precedent” and pointed out, “Talking about a business corporation as merely another way that individuals might choose to organize their association with one another to pursue their common expressive aims is worse than unrealistic; it obscures the very real injustice and distortion entailed in the phenomenon of some people using other people’s money to support candidates they have made no decision to support, or to oppose candidates they have made no decision to oppose.”[85]

Former Supreme Court Justice Sandra Day O’Connor, whose opinions had changed from dissenting in Austin v. Michigan State Chamber of Commerce to co-authoring (with Stevens) the majority opinion in McConnell v. Federal Election Commission twelve years later, criticized the decision only obliquely, but warned, “In invalidating some of the existing checks on campaign spending, the majority in Citizens United has signaled that the problem of campaign contributions in judicial elections might get considerably worse and quite soon.”[86]

Richard L. Hasen, professor of election law at Loyola Law School, argued that the ruling “is activist, it increases the dangers of corruption in our political system and it ignores the strong tradition of American political equality”. He also described Justice Kennedy’s “specter of blog censorship” as sounding more like “the rantings of a right-wing talk show host than the rational view of a justice with a sense of political realism”.[87]

Kathleen M. Sullivan, professor at Stanford Law School and Steven J. Andre, adjunct professor at Lincoln Law School, argued that two different visions of freedom of speech exist and clashed in the case. An egalitarian vision skeptical of the power of large agglomerations of wealth to skew the political process conflicted with a libertarian vision skeptical of government being placed in the role of determining what speech people should or should not hear.[88][89] Wayne Batchis, Professor at the University of Delaware, in contrast, argues that the Citizens United decision represents a misguided interpretation of the non-textual freedom of association.[90]

The four other scholars of the seven writing in the aforementionedNew York Times article were critical.[54]Richard L. Hasen, Distinguished Professor of election law at Loyola Law School argued differently from his Slate article above, concentrating on the “inherent risk of corruption that comes when someone spends independently to try to influence the outcome of judicial elections”, since judges are less publicly accountable than elected officials. Heather K. Gerken, Professor of Law at Yale Law School wrote that “The court has done real damage to the cause of reform, but that damage mostly came earlier, with decisions that made less of a splash.” Michael Waldman, director of the Brennan Center for Justice at N.Y.U. School of Law, opined that the decision “matches or exceeds Bush v. Gore in ideological or partisan overreaching by the court”, explaining how “Exxon or any other firm could spend Bloomberg-level sums in any congressional district in the country against, say, any congressman who supports climate change legislation, or health care, etc.” andFred Wertheimer, founder and president of Democracy 21 considered that “Chief Justice Roberts has abandoned the illusory public commitments he made to ‘judicial modesty’ and ‘respect for precedent’ to cast the deciding vote for a radical decision that profoundly undermines our democracy,” and that “Congress and presidents past have recognized this danger and signed numerous laws over the years to prevent this kind of corruption of our government.”[54]

Journalists

The New York Times stated in an editorial, “The Supreme Court has handed lobbyists a new weapon. A lobbyist can now tell any elected official: if you vote wrong, my company, labor union or interest group will spend unlimited sums explicitly advertising against your re-election.”[91]Jonathan Alter called it the “most serious threat to American democracy in a generation”.[92] The Christian Science Monitor wrote that the Court had declared “outright that corporate expenditures cannot corrupt elected officials, that influence over lawmakers is not corruption, and that appearance of influence will not undermine public faith in our democracy”.[93]

Business leaders

In 2012, Ben Cohen, the co-founder of Ben & Jerry’s ice cream, founded Stamp Stampede, a sustained protest to demonstrate widespread support for a proposed constitutional amendment to overturn Citizens United. The campaign encourages people to rubber stamp messages such as “Not To Be Used for Bribing Politicians” on paper currency. In 2014, Cohen told Salon, “As long as the Supreme Court rules money is speech, corporations and the wealthy are using it by giving piles of it to politicians to pass or not pass laws that they want. Now, the rest of the people, [those] who don’t have that money, can actually make their voice heard by using money to stamp a message out.”[94]

Media coverage

Political blogs

Most blogs avoided the theoretical aspects of the decision and focused on more personal and dramatic elements, including the Barack ObamaSamuel Alito face-off during the President’s State of the Union address.[95] There, President Obama argued that the decision “reversed a century of law” (the federal ban on corporate contributions dates back to the 1907 Tillman Act, and the ban on union and corporate expenditures dates from 1947) and that it would allow “foreign corporations to spend without limits in our elections”, during which Justice Alito, in the audience, perceptibly mouthed the words “not true”. This event received extensive comment from political bloggers, with a substantial amount of the coverage concentrated on whether or not foreign corporations would be able to make substantial political contributions in US elections. In the opinion, the Court had specifically indicated it was not overturning the ban on foreign contributions.

Opinion polls

ABC-Washington Post poll results.

An ABC–Washington Post poll conducted February 4–8, 2010, showed that 80% of those surveyed opposed (and 65% strongly opposed) the Citizens United ruling, which the poll described as saying “corporations and unions can spend as much money as they want to help political candidates win elections”. Additionally, 72% supported “an effort by Congress to reinstate limits on corporate and union spending on election campaigns”. The poll showed large majority support from Democrats, Republicans and independents.[96][97][98]

A Gallup Poll conducted in October 2009, after oral argument, but released after the Supreme Court released its opinion, found that 57 percent of those surveyed “agreed that money given to political candidates is a form of free speech” and 55 percent agreed that the “same rules should apply to individuals, corporations and unions”. However, in the same poll respondents by 52% to 41% prioritized limits on campaign contributions over protecting rights to support campaigns and 76% thought the government should be able to place limits on corporation or union donations.[99][100]

Separate polls by various conservative organizations, including the plaintiff Citizens United and the Center for Competitive Politics, found support for the decision.[101] In particular, the Center for Competitive Politics poll[102] found that 51% of respondents believed that Citizens United should have a right to air ads promoting Hillary: The Movie. The poll also found that only 22 percent had heard of the case.

Further court rulings

SpeechNow v. FEC

Main article: SpeechNOW v. FEC

SpeechNow is a nonprofit, unincorporated association organized as a section 527 entity under the U.S. Internal Revenue Code. The organization was formed by individuals who seek to pool their resources to make independent expenditures expressly advocating the election or defeat of federal candidates. SpeechNow planned to accept contributions only from individuals, not corporations or other sources prohibited under the Federal Election Campaign Act. On February 14, 2008, SpeechNow and several individual plaintiffs filed a complaint in the U.S. District Court for the District of Columbia challenging the constitutionality of the Federal Election Campaign Act provisions governing political committee registration, contribution limits and disclosure. The plaintiffs contended that the Act unconstitutionally restricts their association guaranteed under the First Amendment. By requiring registration as a political committee and limiting the monetary amount that an individual may contribute to a political committee, SpeechNow and the other plaintiffs asserted that the Act unconstitutionally restricted the individuals’ freedom of speech by limiting the amount that an individual can contribute to SpeechNow and thus the amount the organization may spend. SpeechNow also argued that the reporting required of political committees is unconstitutionally burdensome.[103]

On March 26, 2010, the U.S. Court of Appeals for the District of Columbia Circuit ruled in SpeechNow.org. v. FEC that the contribution limits of 2 U.S.C. §441a were unconstitutional as applied to individuals’ contributions to SpeechNow. The court also ruled that the reporting requirements of 2 U.S.C. §§432, 433 and 434(a) and the organizational requirements of 2 U.S.C. §431(4) and §431(8) can be constitutionally applied to SpeechNow.[103] A unanimous nine-judge panel of the United States Court of Appeals[104] struck down the federal limits on contributions to federal political committees that make only independent expenditures and do not contribute to candidates or political parties. This type of “independent expenditure committee” is inherently non-corruptive, the Court reasoned, and therefore contributions to such a committee can not be limited based on the government’s interest in preventing political corruption.[105] In light of the Supreme Court’s decision in Citizens United v. FEC, in which the Supreme Court held that the government has no anti-corruption interest in limiting independent expenditures, the appeals court ruled that “contributions to groups that make only independent expenditures cannot corrupt or create the appearance of corruption.” As a result, the court of appeals held that the government has no anti-corruption interest in limiting contributions to an independent group such as SpeechNow. Contribution limits as applied to SpeechNow “violate the First Amendment by preventing [individuals] from donating to SpeechNow in excess of the limits and by prohibiting SpeechNow from accepting donations in excess of the limits.” The court noted that its holding does not affect direct contributions to candidates, but rather contributions to a group that makes only independent expenditures.[103] The appeals court held that, while disclosure and reporting requirements do impose a burden on First Amendment interests, they “‘impose no ceiling on campaign related activities'” and “‘do not prevent anyone from speaking.'” Furthermore, the court held that the additional reporting requirements that the Commission would impose on SpeechNow if it were organized as a political committee are minimal, “given the relative simplicity with which SpeechNow intends to operate.” Since SpeechNow already had a number of “planned contributions” from individuals, the court ruled that SpeechNow could not compare itself to “ad hoc groups that want to create themselves on the spur of the moment.” Since the public has an interest in knowing who is speaking about a candidate and who is funding that speech, the court held that requiring such disclosure and organization as a political committee are sufficiently important governmental interests to justify the additional reporting and registration burdens on SpeechNow.[103]

Public electoral financing

Main article: McComish v. Bennett

On June 27, 2011, ruling in the consolidated cases of Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett (No. 10-238) and McComish v. Bennett (No. 10-239), the Supreme Court deemed unconstitutional an Arizona law that provided extra taxpayer-funded support for office seekers who have been outspent by privately funded opponents or by independent political groups. A conservative 5–4 majority of justices said the law violated free speech, concluding the state was impermissibly trying to “level the playing field” through a public finance system. Arizona lawmakers had argued there was a compelling state interest in equalizing resources among competing candidates and interest groups.[106] Opponents said the law violated free-speech rights of the privately financed candidates and their contributors, inhibiting fundraising and spending, discouraging participation in campaigns and limiting what voters hear about politics.[107] Chief Justice John Roberts said in the court’s majority opinion that the law substantially burdened political speech and was not sufficiently justified to survive First Amendment scrutiny.[107]

As a consequence of the decision, states and municipalities are blocked from using a method of public financing that is simultaneously likely to attract candidates fearful that they will be vastly outspent and sensitive to avoiding needless government expense. “The government can still use taxpayer funds to subsidize political campaigns, but it can only do that in a manner that provides an alternative to private financing” said William R. Maurer, a lawyer with the Institute for Justice, which represented several challengers of the law. “It cannot create disincentives.”[108] The ruling meant the end of similar matching-fund programs in Connecticut, Maine and a few other places according to David Primo, a political science professor at the University of Rochester who was an expert witness for the law’s challengers.[109]

State campaign-spending limits

Despite the Citizens United ruling, In December 2011, the Montana Supreme Court, in Western Tradition Partnership, Inc. v. Attorney General of Montana, upheld that state’s law limiting corporate contributions. Examining the history of corporate interference in Montana government that led to the Corrupt Practices Law, the majority decided that the state still had a compelling reason to maintain the restrictions. It ruled that these restrictions on speech were narrowly tailored and withstood strict scrutiny and thus did not contradict Citizens United v. Federal Election Commission.

While granting permission to file a Certiorari petition, the US Supreme Court agreed to stay the Montana ruling, although Justices Ginsburg and Breyer wrote a short statement urging the Court “to consider whether, in light of the huge sums of money currently deployed to buy candidate’s allegiance, Citizens United should continue to hold sway”.[110] In June 2012, over the dissent of the same four judges who dissented in Citizens United, the Court simultaneously granted certiorari and summarily reversed the decision in American Tradition Partnership, Inc. v. Bullock, 567, U.S. __ (2012).[111] The Supreme Court majority rejected the Montana Supreme Court arguments in a two paragraph, twenty line per curiam opinion, stating that these arguments “either were already rejected in Citizens United, or fail to meaningfully distinguish that case.”[112] The ruling makes clear that states cannot bar corporate and union political expenditures in state elections.[113]

McCutcheon v. FEC

Main article: McCutcheon v. FEC

In addition to limiting the size of donations to individual candidates and parties, the Federal Election Campaign Act also includes aggregate caps on the total amount that an individual may give to all candidates and parties. In 2012, Shaun McCutcheon, a Republican Party activist,[114][115] sought to donate more than was allowed by the federal aggregate limit on federal candidates.[116] McCutcheon et al filed suit against theFederal Election Commission (FEC).[117] In 2014, the US Supreme Court reversed a ruling of the DC District Court‘s dismissal of McCutcheon v. FEC and struck down the aggregate limits. The plurality opinion invalidated only the aggregate contribution limits, not limits on giving to any one candidate or party. The decisive fifth vote for McCutcheon came from Justice Thomas, who concurred in the judgment on the grounds that all contribution limits are unconstitutional.[118]

Legislative responses

Legislative impact

The New York Times reported that 24 states with laws prohibiting or limiting independent expenditures by unions and corporations would have to change their campaign finance laws because of the ruling.[119]

After Citizens United and SpeechNow.org numerous state legislatures raised their limits on contributions to candidates and parties.[120] At the federal level, lawmakers substantially increased contribution limits to political parties as part of the 2014 budget bill.[121] Such changes are widely perceived as efforts to place candidates and parties on something closer to equal footing with organizations making independent expenditures.[121]

While many states and the federal government have raised contribution limits in response to Citizens United, proposals aimed at discouraging political spending, or providing for public financing of campaigns, have been less successful.

Senator Dick Durbin (D-IL) proposed that candidates who sign up small donors receive $900,000 in public money, but the proposal has not been acted on by Congress. Others proposed that laws on corporate governance be amended to assure that shareholders vote on political expenditures.[92]

In February 2010, Senator Charles E. Schumer of New York, immediate past Chairman of the Democratic Senatorial Campaign Committee, and Representative Chris Van Hollen of Maryland, Chairman of the Democratic Congressional Campaign Committee, outlined legislation aimed at undoing the decision.[122] In April 2010, they introduced such legislation in the Senate and House, respectively.[123] On June 24, 2010, H.R.5175 (The DISCLOSE Act) passed in the House of Representatives but failed in the Senate. It would have required additional disclosure by corporations of their campaign expenditures. The law, if passed, would also have prohibited political spending by U.S. companies with twenty percent or more foreign ownership, and by most government contractors.[124] The DISCLOSE Act included exemptions to its rules given to certainspecial interests such as the National Rifle Association and the American Association of Retired Persons. These gaps within the proposal attracted criticism from lawmakers on both political parties. “They are auctioning off pieces of the First Amendment in this bill… The bigger you are, the stronger you are, the less disclosure you have,” said Republican Congressman Dan Lungren of California. Democratic Congressman Adam Schiff of California commented, “I wish there had been no carve-outs”.[125] The bill was criticized as prohibiting much activity that was legal before Citizens United.[126]

The DISCLOSE Act twice failed to pass the U.S. Senate in the 111th Congress, in both instances reaching only 59 of the 60 votes required to overcome a unified Republican filibuster.[127][128] A scaled down version of the DISCLOSE Act was reintroduced in both the House and Senate in 2012 but did not pass.[citation needed]

Some have argued for a constitutional amendment to overturn the decision. Although the decision does not address “corporate personhood,” a long-established judicial and constitutional concept,[129] much attention has focused on that issue. Move to Amend, a coalition formed in response to the ruling,[130] seeks to amend the Constitution to abolish corporate personhood, thus stripping corporations of all rights under the Constitution.[131][132] In an online chat with web community Reddit, President Obama endorsed further consideration of a constitutional amendment and stated “Over the longer term, I think we need to seriously consider mobilizing a constitutional amendment process to overturn Citizens United (assuming the Supreme Court Doesn’t revisit it)”.[133] He further elaborated that “Even if the amendment process falls short, it can shine a spotlight on the super-PAC phenomenon and help apply pressure for change.”[133]

Legislative reactions by state and local lawmakers

Members of 16 state legislatures have called for a constitutional amendment to reverse the court’s decision: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Montana, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and West Virginia.[134][135]

Most of these are non-binding resolutions. However, three states – Vermont, California, and Illinois – called for an Article V Convention to draft and propose a federal constitutional amendment to overturn Citizens United.[136] In Minnesota, the Minnesota Senate passed a similar resolution, “Senate File No. 17,” on May 2, 2013, but the House of Representatives returned the measure to the General Calendar (meaning the measure did not pass) on May 15, 2013.[137] Thirty-four states are needed to call an Article V convention.

On a local level, Washington D.C. and 400 other municipalities passed resolutions requesting a federal constitutional amendment.[138]

Since Citizens United, however, 13 states have actually raised their contribution limits.[120]

Political impact

The Citizens United ruling “opened the door” for unlimited election spending by corporations, but most of this spending has “ended up being funneled through the groups that have become known as super PACs”.[139]While critics predicted that the ruling would “bring about a new era of corporate influence in politics” allowing companies and businesspeople to “buy elections” to promote their financial interests, as of 2016, in fact large corporations still play a “negligible role” in presidential election spending. Instead large expenditures, usually through “Super PACS,” have come from “a small group of billionaires”, based largely on ideology. This has shifted power “away from the political parties and toward the … donors themselves. In part, this explains the large number and variety of candidates fielded by the Republicans in 2016.”[139] The ability of individuals to spend unlimited sums was first affirmed by the Supreme Court, however, not in Citizens United, but in Buckley v. Valeo, decided in 1976.

Super PACs

Citizens United v. Federal Election Commission has often been credited for the creation of “super PACs“, political action committees which make no financial contributions to candidates or parties, and so can accept unlimited contributions from individuals, corporations and unions. Certainly, the holding in Citizens United helped affirm the legal basis for super PACs by deciding that, for purposes of establishing a “compelling government interest” of corruption sufficient to justify government limitations on political speech, “independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption”.[140]

However, it took another decision, by the U.S. Court of Appeals for the District of Columbia Circuit, Speechnow.org v. Federal Election Commission, to actually authorize the creation of super PACs. While Citizens United held that corporations and unions could make independent expenditures, a separate provision of the Federal Election Campaign Act, at least as long interpreted by the Federal Election Commission, held that individuals could not contribute to a common fund without it becoming a PAC. PACs, in turn, were not allowed to accept corporate or union contributions of any size or to accept individual contributions in excess of $5,000. In Speechnow.org, the D.C. Circuit, sitting en banc, held 9–0 that in light of Citizens United, such restrictions on the sources and size of contributions could not apply to an organization that made only independent expenditures in support of or opposition to a candidate, but not contributions to a candidate’s campaign.

Citizens United and SpeechNOW left their imprint on the 2012 United States presidential election, in which single individuals contributed large sums to “super PACs” supporting particular candidates. Sheldon Adelson, the gambling entrepreneur, gave approximately fifteen million dollars to support Newt Gingrich. Foster Friess, a Wyoming financier, donated almost two million dollars to Rick Santorum’s super PAC. Karl Rove organized super PACs that spent over $300 million in support of Republicans during the 2012 elections.[141]

In addition to indirectly providing support for the creation of super PACs, Citizens United allowed incorporated 501(c)(4) public advocacy groups (such as the National Rifle Association, the Sierra Club, and the group Citizens United itself) and trade associations to make expenditures in political races. Such groups may not, under the tax code, have a primary purpose of engaging in electoral advocacy. These organizations must disclose their expenditures, but unlike super PACs they do not have to include the names of their donors in their FEC filings. A number of partisan organizations such as Karl Rove‘s influential conservative Crossroads Grassroots Policy Strategies and the liberal 21st Century Colorado have since registered as tax-exempt 501(c)(4) groups (defined as groups promoting “social welfare”) and engaged in substantial political spending.[142][143] This has led to claims[144][145][146] of large secret donations, and questions about whether such groups should be required to disclose their donors. Historically, such non-profits have not been required to disclose their donors or names of members. See National Association for the Advancement of Colored People v. Alabama.

In an August 2015 essay in Der Spiegel, Markus Feldkirchen wrote that the Citizens United decision was “now becoming visible for the first time” in federal elections as the super-rich have “radically” increased donations to support their candidates and positions via super PACs. Feldkirchen also said in the first six months of 2015 the candidates and their super PACs received close to $400 million: “far more than in the entire previous campaign.” He opined that super-rich donating more than ever before to individual campaigns plus the “enormous” chasm in wealth has given the super-rich the power to steer the economic and political direction of the United States and undermine its democracy.[147] In October 2015, the New York Times observed that just 158 super-rich families each contributed $250,000 or more, while an additional 200 families gave more than $100,000 for the 2016 presidential election. Both groups contributed almost half of the “early money” for candidates in the 2016 presidential election as of June 30, 2015 through channels like super PACs legalized by the Supreme Court’s Citizens United decision.[148][149]

See also

https://en.wikipedia.org/wiki/Citizens_United_v._FEC

District of Columbia v. Heller

From Wikipedia, the free encyclopedia
“Dick Heller” redirects here. For the sportswriter, see Dick Heller (sportswriter).
District of Columbia v. Heller
Seal of the United States Supreme Court.svg

Argued March 18, 2008
Decided June 26, 2008
Full case name District of Columbia, et al. v. Dick Anthony Heller
Docket nos. 07-290
Citations 554 U.S. 570 (more)

128 S. Ct. 2783; 171 L. Ed. 2d 637; 2008 U.S. LEXIS 5268; 76 U.S.L.W. 4631; 21 Fla. L. Weekly Fed. S 497
Argument Oral argument
Opinion announcement Opinion announcement
Prior history Provisions of the Firearms Control Regulations Act of 1975 infringe an individual’s right to bear arms as protected by the Second Amendment. District Court for the District of Columbia reversed.
Procedural history Writ of Certiorari to the U.S. Court of Appeals for the District of Columbia Circuit
Holding
The Second Amendment guarantees an individual’s right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. United States Court of Appeals for the District of Columbia Circuit affirmed.
Court membership
Case opinions
Majority Scalia, joined by Roberts, Kennedy, Thomas, Alito
Dissent Stevens, joined by Souter, Ginsburg, Breyer
Dissent Breyer, joined by Stevens, Souter, Ginsburg
Laws applied
U.S. Const. amend. II; D.C. Code §§ 7-2502.02(a)(4), 22–4504, 7–2507.02

District of Columbia v. Heller, 554 U.S. 570 (2008), was a landmarkcase in which the Supreme Court of the United States held in a 5-4 decision that the Second Amendment to the United States Constitution applies to federal enclaves and protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home. The decision did not address the question of whether the Second Amendment extends beyond federal enclaves to the states,[1] which was addressed later by McDonald v. Chicago (2010). It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense.[2]

On June 26, 2008, the Supreme Court affirmed the Court of Appeals for the D.C. Circuit in Heller v. District of Columbia.[3][4] The Supreme Court struck down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional, determined that handguns are “arms” for the purposes of the Second Amendment, found that the Regulations Act was an unconstitutional ban, and struck down the portion of the Regulations Act that requires all firearms including rifles and shotguns be kept “unloaded and disassembled or bound by a trigger lock“. Prior to this decision the Firearms Control Regulation Act of 1975 also restricted residents from owning handguns except for those registered prior to 1975.

Lower court background

In 2002, Robert A. Levy, a Senior Fellow at the Cato Institute, began vetting plaintiffs with Clark M. Neily III for a planned Second Amendment lawsuit that he would personally finance. Although he himself had never owned a gun, as a Constitutional scholar he had an academic interest in the subject and wanted to model his campaign after the legal strategies of Thurgood Marshall, who had successfully led the challenges that overturned school segregation.[5] They aimed for a group that would be diverse in terms of gender, race, economic background, and age, and selected six plaintiffs from their mid-20s to early 60s, three men and three women, four white and two black:[6]

Shelly Parker
A software designer and former nurse who had been active in trying to rid her neighborhood of drugs. Parker is a single woman whose life had been threatened on numerous occasions by drug dealers who had sometimes tried to break into her house.[7][8]
Tom G. Palmer
A colleague of Robert A. Levy at the Cato Institute and the only plaintiff that Levy knew before the case began.[6] Palmer, who is gay, defended himself with a 9mm handgun in 1982. While walking with a friend in San Jose, California, he was accosted by a gang of about 20 young men who used profane language regarding his sexual orientation and threatened his life. When he produced his gun, the men fled. Palmer believes that the handgun saved his life.[9][10]
Gillian St. Lawrence
A mortgage broker who lives in the Georgetown section of D.C. and who owns several legally registered long guns which she uses for recreation in nearby Chantilly, Virginia. It had taken St. Lawrence two years to complete the registration process. She wanted to be able to use these guns to defend herself in her home and to be able to register a handgun.[11][12]
Tracey Ambeau (now Tracey Hanson)
An employee of the U.S. Department of Agriculture. Originally from St. Gabriel, Louisiana, she lives in the Adams Morgan neighborhood of D.C. with her husband, Andrew Hanson, who is from Waterloo, Iowa. They live in a high-crime neighborhood near Union Station in D. C. She grew up around guns and wanted one to defend her home.[13][11]
George Lyon
A communications lawyer who had previously contacted the National Rifle Association about filing a lawsuit to challenge the D.C. gun laws. Lyon held D.C. licenses for a shotgun and a rifle, but wanted to have a handgun in his home.[14]
Dick Anthony Heller
A licensed special police officer for the District of Columbia. For his job, Heller carried a gun in federal office buildings, but was not allowed to have one in his home.[15] Heller had lived in southeast D.C. near the Kentucky Courts public housing complex since 1970 and had seen the neighborhood “transformed from a child-friendly welfare complex to a drug haven”. Heller had also approached the National Rifle Association about a lawsuit to overturn the D.C. gun ban, but the NRA declined.[11]

Previous federal case law pertaining to the question of an individual’s right to bear arms included United States v. Emerson, 270 F.3d 203 (5th Cir. 2001), which supported the right and Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), which opposed the right. The Supreme Court ruling in United States v. Miller, 307 U.S. 174 (1939) was interpreted to support both sides of the issue.

District Court

In February 2003, the six residents of Washington, D.C. filed a lawsuit in the District Court for the District of Columbia, challenging the constitutionality of provisions of the Firearms Control Regulations Act of 1975, a local law (part of the District of Columbia Code) enacted pursuant to District of Columbia home rule. This law restricted residents from owning handguns, excluding those grandfathered in by registration prior to 1975 and those possessed by active and retired law enforcement officers. The law also required that all firearms including rifles and shotguns be kept “unloaded and disassembled or bound by a trigger lock.”[16] They filed for an injunction pursuant to 28 U.S.C.§ 2201, 2202, and 42 U.S.C.§ 1983. District Court Judge Ricardo M. Urbina dismissed the lawsuit.

Court of Appeals

On appeal, the U.S. Court of Appeals for the D.C. Circuit reversed the dismissal in a 2–1 decision. The Court of Appeals struck down provisions of the Firearms Control Regulations Act as unconstitutional. JudgesKaren L. Henderson, Thomas B. Griffith and Laurence H. Silberman formed the Court of Appeals panel, with Senior Circuit Judge Silberman writing the court’s opinion and Circuit Judge Henderson dissenting.

The court’s opinion first addressed whether appellants have standing to sue for declaratory and injunctive relief in section II (slip op. at 5–12). The court concluded that of the six plaintiffs, only Heller – who applied for a handgun permit but was denied – had standing.

The court then held that the Second Amendment “protects an individual right to keep and bear arms”, saying that the right was “premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad).” They also noted that though the right to bear arms also helped preserve the citizen militia, “the activities [the Amendment] protects are not limited to militia service, nor is an individual’s enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.” The court determined that handguns are “Arms” and concluded that thus they may not be banned by the District of Columbia.

The court also struck down the portion of the law that requires all firearms including rifles and shotguns be kept “unloaded and disassembled or bound by a trigger lock.” The District argued that there is an implicit self-defense exception to these provisions, but the D.C. Circuit rejected this view, saying that the requirement amounted to a complete ban on functional firearms and prohibition on use for self-defense:[17]

Section 7-2507.02, like the bar on carrying a pistol within the home, amounts to a complete prohibition on the lawful use of handguns for self-defense. As such, we hold it unconstitutional.

Henderson’s dissent

In her dissent, Circuit Judge Henderson stated that Second Amendment rights did not extend to residents of Washington D.C., writing:

To sum up, there is no dispute that the Constitution, case law and applicable statutes all establish that the District is not a State within the meaning of the Second Amendment. Under United States v. Miller, 307 U.S. at 178, the Second Amendment’s declaration and guarantee that “the right of the people to keep and bear Arms, shall not be infringed” relates to the Militia of the States only. That the Second Amendment does not apply to the District, then, is, to me, an unavoidable conclusion.[18]

Petition for rehearing

In April 2007, the District and Mayor Adrian Fenty petitioned for rehearing en banc, arguing that the ruling creates inter- and intra-jurisdictional conflict.[19] On May 8, the Court of Appeals for the D.C. Circuit denied the request to rehear the case, by a 6–4 vote.

Supreme Court

The defendants petitioned the United States Supreme Court to hear the case. The plaintiffs did not oppose but, in fact, welcomed the petition. The Supreme Court agreed to hear the case on November 20, 2007.[20]The court rephrased the question to be decided as follows:

The petition for a writ of certiorari is granted limited to the following question: Whether the following provisions, D.C. Code §§ 7-2502.02(a)(4), 22–4504(a), and 7-2507.02, violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?

This represented the first time since the 1939 case United States v. Miller that the Supreme Court had directly addressed the scope of the Second Amendment.[16]

Amicus curiae briefs

Because of the controversial nature of the case, it garnered much attention from many groups on both sides of the gun rights issue. Many of those groups filed amicus curiae (friend of the court) briefs, about 47 urging the court to affirm the case and about 20 to remand it.[21]

A majority of the members of Congress[22] signed the brief authored by Stephen Halbrook advising that the case be affirmed overturning the ban on handguns not otherwise restricted by Congress.[23]Vice PresidentDick Cheney joined in this brief, acting in his role as President of the United States Senate, and breaking with the George W. Bush administration’s official position.[22] Arizona Senator John McCain, Republican, also signed the brief. Then Illinois Senator Barack Obama, did not.[24]

A majority of the states signed the brief of Texas Attorney General Greg Abbott, authored by Abbott’s solicitor general, Ted Cruz,[25] advising that the case be affirmed, while at the same time emphasizing that the states have a strong interest in maintaining each of the states’ laws prohibiting and regulating firearms.[26][27][28] Law enforcement organizations, including the Fraternal Order of Police and the Southern States Police Benevolent Association, also filed a brief urging that the case be affirmed.[29]

A number of organizations signed friend of the court briefs advising that the case be remanded, including the United States Department of Justice[30] and Attorneys General of New York, Hawaii, Maryland,Massachusetts, New Jersey, and Puerto Rico.[31] Additionally, friend of the court briefs to remand were filed by a spectrum of religious and anti-violence groups,[32] a number of cities and mayors,[33] and many police chiefs and law enforcement organizations.[34]

A collection of organizations and prominent scholars, represented by Attorney Jeffrey Teichert, submitted an “errors brief” arguing that many of the common historical and factual “myths and misrepresentations” generally offered in favor of banning handguns were in error. Teichert’s errors brief argued from a historical perspective that the Second Amendment protected an individual right to keep and bear arms.[dead link][35]

Oral arguments

Robert A. Levy (left) and Alan Gura, counsel for Heller

The Supreme Court heard oral arguments in the case on March 18, 2008. Both the transcript[36] and the audio[37] of the argument have been released. Each side was initially allotted 30 minutes to argue its case, with U.S. Solicitor GeneralPaul D. Clement allotted 15 minutes to present the federal government’s views.[38] During the argument, however, extra time was extended to the parties, and the argument ran 23 minutes over the allotted time.[39]

Walter E. Dellinger of the law firm O’Melveny & Myers, also a professor at Duke University Law School and former Acting Solicitor General, argued the District’s side before the Supreme Court. Dellinger was assisted by Thomas Goldstein of Akin Gump Strauss Hauer & Feld, Robert Long of Covington & Burling and D.C. Solicitor General Todd Kim. The law firms assisting the District worked pro bono.[40]

Alan Gura, of the D.C.-based law firm Gura & Possessky, was lead counsel for Heller, and argued on his behalf before the Supreme Court.[41] Robert Levy, a senior fellow at theCato Institute, and Clark Neily, a senior attorney at the Institute for Justice, were his co-counsel.[42][43]

Decision

The Supreme Court held:[44]

(1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.
(c) The Court’s interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the Second Amendment. Pp. 28–30.
(d) The Second Amendment’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30–32.
(e) Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion. Pp. 32–47.
(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542 , nor Presser v. Illinois, 116 U. S. 252 , refutes the individual-rights interpretation.United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes.
(2) Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. Pp. 54–56.
(3) The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition – in the place where the importance of the lawful defense of self, family, and property is most acute – would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional. Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home. Pp. 56–64.

The Opinion of the Court, delivered by Justice Scalia, was joined by Chief Justice John G. Roberts, Jr. and by Justices Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr.[45]

Second Amendment findings and reasoning for the decision

The Illinois Supreme Court in People v. Aguilar (2013), summed up the Hellers findings and reasoning:

In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court undertook its first-ever “in-depth examination” of the second amendment’s meaning Id. at 635. After a lengthy historical discussion, the Court ultimately concluded that the second amendment “guarantee[s] the individual right to possess and carry weapons in case of confrontation” (id. at 592); that “central to” this right is “the inherent right of self-defense”(id. at 628); that “the home” is “where the need for defense of self, family, and property is most acute” (id. at 628); and that, “above all other interests,” the second amendment elevates “the right of law-abiding, responsible citizens to use arms in defense of hearth and home” (id. at 635). Based on this understanding, the Court held that a District of Columbia law banning handgun possession in the home violated the second amendment. Id. at 635.[46]

Issues addressed by the majority

The core holding in D.C. v. Heller is that the Second Amendment is an individual right intimately tied to the natural right of self-defense.

The Scalia majority invokes much historical material to support its finding that the right to keep and bear arms belongs to individuals; more precisely, Scalia asserts in the Court’s opinion that the “people” to whom the Second Amendment right is accorded are the same “people” who enjoy First and Fourth Amendment protection: “‘The Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning.’ United States v. Sprague, 282 U. S. 716, 731 (1931); see also Gibbons v. Ogden, 9 Wheat. 1, 188 (1824). Normal meaning may of course include an idiomatic meaning, but it excludes secret or technical meanings….”

With that finding as anchor, the Court ruled a total ban on operative handguns in the home is unconstitutional, as the ban runs afoul of both the self-defense purpose of the Second Amendment – a purpose not previously articulated by the Court – and the “in common use at the time” prong of the Miller decision: since handguns are in common use, their ownership is protected.

The Court applies as remedy that “[a]ssuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.” The Court, additionally, hinted that other remedy might be available in the form of eliminating the license requirement for carry in the home, but that no such relief had been requested: “Respondent conceded at oral argument that he does not ‘have a problem with … licensing’ and that the District’s law is permissible so long as it is ‘not enforced in an arbitrary and capricious manner.’ Tr. of Oral Arg. 74–75. We therefore assume that petitioners’ issuance of a license will satisfy respondent’s prayer for relief and do not address the licensing requirement.”

In regard to the scope of the right, the Court wrote, in an obiter dictum, “Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”[47]

The Court also added dicta regarding the private ownership of machine guns. In doing so, it suggested the elevation of the “in common use at the time” prong of the Miller decision, which by itself protects handguns, over the first prong (protecting arms that “have some reasonable relationship to the preservation or efficiency of a well regulated militia”), which may not by itself protect machine guns: “It may be objected that if weapons that are most useful in military service – M16 rifles and the like – may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home.”[48]

The Court did not address which level of judicial review should be used by lower courts in deciding future cases claiming infringement of the right to keep and bear arms: “[S]ince this case represents this Court’s first in-depth examination of the Second Amendment, one should not expect it to clarify the entire field.” The Court states, “If all that was required to overcome the right to keep and bear arms was a rational basis, the Second Amendment would be redundant with the separate constitutional prohibitions on irrational laws, and would have no effect.”[49] Also, regarding Justice Breyer’s proposal of a “judge-empowering ‘interest-balancing inquiry,'” the Court states, “We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding ‘interest-balancing’ approach.”[50]

Dissenting opinions

In a dissenting opinion, Justice John Paul Stevens stated that the court’s judgment was “a strained and unpersuasive reading” which overturned longstanding precedent, and that the court had “bestowed a dramatic upheaval in the law”.[51] Stevens also stated that the amendment was notable for the “omission of any statement of purpose related to the right to use firearms for hunting or personal self-defense” which was present in the Declarations of Rights of Pennsylvania and Vermont.[51]

The Stevens dissent seems to rest on four main points of disagreement: that the Founders would have made the individual right aspect of the Second Amendment express if that was what was intended; that the “militia” preamble and exact phrase “to keep and bear arms” demands the conclusion that the Second Amendment touches on state militia service only; that many lower courts’ later “collective-right” reading of the Miller decision constitutes stare decisis, which may only be overturned at great peril; and that the Court has not considered gun-control laws (e.g., the National Firearms Act) unconstitutional. The dissent concludes, “The Court would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons…. I could not possibly conclude that the Framers made such a choice.”

Justice Stevens’ dissent was joined by Justices David Souter, Ruth Bader Ginsburg, and Stephen Breyer.

Justice Breyer filed a separate dissenting opinion, joined by the same dissenting Justices, which sought to demonstrate that, starting from the premise of an individual-rights view, the District of Columbia’s handgun ban and trigger lock requirement would nevertheless be permissible limitations on the right.

The Breyer dissent looks to early municipal fire-safety laws that forbade the storage of gunpowder (and in Boston the carrying of loaded arms into certain buildings), and on nuisance laws providing fines or loss of firearm for imprudent usage, as demonstrating the Second Amendment has been understood to have no impact on the regulation of civilian firearms. The dissent argues the public safety necessity of gun-control laws, quoting that “guns were responsible for 69 deaths in this country each day.'”

With these two supports, the Breyer dissent goes on to conclude, “there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas.” It proposes that firearms laws be reviewed by balancing the interests (i.e., “‘interest-balancing’ approach”) of Second Amendment protections against the government’s compelling interest of preventing crime.

The Breyer dissent also objected to the “common use” distinction used by the majority to distinguish handguns from machineguns: “But what sense does this approach make? According to the majority’s reasoning, if Congress and the States lift restrictions on the possession and use of machineguns, and people buy machineguns to protect their homes, the Court will have to reverse course and find that the Second Amendment does, in fact, protect the individual self-defense-related right to possess a machine-gun…There is no basis for believing that the Framers intended such circular reasoning.”[52]

Non-party involvement

National Rifle Association

Attorney Alan Gura, in a 2003 filing, used the term “sham litigation” to describe the NRA’s attempts to have Parker (aka Heller) consolidated with its own case challenging the D.C. law. Gura also stated that “the NRA was adamant about not wanting the Supreme Court to hear the case”.[53] These concerns were based on NRA lawyers’ assessment that the justices at the time the case was filed might reach an unfavorable decision.[54]Cato Institute senior fellow Robert Levy, co-counsel to the Parker plaintiffs, has stated that the Parker plaintiffs “faced repeated attempts by the NRA to derail the litigation.”[55] He also stated that “The N.R.A.’s interference in this process set us back and almost killed the case. It was a very acrimonious relationship.”[5]

Wayne LaPierre, the NRA’s chief executive officer, confirmed the NRA’s misgivings. “There was a real dispute on our side among the constitutional scholars about whether there was a majority of justices on the Supreme Court who would support the Constitution as written,” Mr. LaPierre said.[5] Both Levy and LaPierre said the NRA and Mr. Levy’s team were now on good terms.[5]

Elaine McArdle wrote in the Harvard Law Bulletin: “If Parker is the long-awaited “clean” case, one reason may be that proponents of the individual-rights view of the Second Amendment – including the National Rifle Association, which filed an amicus brief in the case – have learned from earlier defeats, and crafted strategies to maximize the chances of Supreme Court review.” The NRA did eventually support the litigation by filing an amicus brief with the Court arguing that the plaintiffs in Parker had standing to sue and that the D.C. ban was unconstitutional under the Second Amendment.[56]

Chris Cox, executive director of the NRA’s Institute for Legislative Action, had indicated support of federal legislation which would repeal the D.C. gun ban. Opponents of the legislation argued that this would have rendered the Parker case moot, and would have effectively eliminated the possibility that the case would be heard by the Supreme Court.[57]

Immediately after the Supreme Court’s ruling, the NRA filed a lawsuit against the city of Chicago over its handgun ban, followed the next day by a lawsuit against the city of San Francisco over its ban of handguns in public housing.[58]

Brady Campaign to Prevent Gun Violence

The Brady Campaign to Prevent Gun Violence opposed the arguments made by the plaintiffs in Parker, and filed amicus curiae against those arguments in both the District and Circuit courts.

Paul Helmke, the president of the Brady Campaign, suggested to D.C. before the Court granted certiorari that it modify its gun laws rather than appeal to the Supreme Court.[59] Helmke has written that if the Supreme Court upholds the Circuit court ruling, it “could lead to all current and proposed firearms laws being called into question.”[60]

After the ruling, Paul Helmke stated that, “the classic ‘slippery slope’ argument”, “that even modest gun control would lead down the path to a complete ban on gun ownership”, “is now gone.” Helmke added that, “The Court also rejected the absolutist misreading of the Second Amendment that some use to argue ‘any gun, any time for anyone,’ which many politicians have used as an excuse to do nothing about the scourge of gun violence in our country and to block passage of common sense gun laws.”[61]

Reactions

To the lower court rulings

Various experts expressed opinions on the D.C. Circuit’s decision.

Harvard Law School professor Laurence Tribe contended that the Second Amendment protects an individual right, and predicted that if Parker is reviewed by the Supreme Court “there’s a really quite decent chance that it will be affirmed.”[56] However, Professor Tribe has also argued that the District’s ban on one class of weapons does not violate the Second Amendment even under an individual rights view.[62]

Erwin Chemerinsky, then of Duke Law School and now dean of the University of California, Irvine School of Law, argued that the District of Columbia’s handgun laws, even assuming an “individual rights” interpretation of the Second Amendment, could be justified as reasonable regulations and thus upheld as constitutional. Professor Chemerinsky believes that the regulation of guns should be analyzed in the same way “as other regulation of property under modern constitutional law” and “be allowed so long as it is rationally related to achieving a legitimate government purpose.”[63] However, the dicta in Heller suggests that applying a mere rational basis analysis is an incorrect reading of the Constitution and would, in fact, defeat the entire purpose of the Second Amendment.[49]

To the Supreme Court rulings

Cato Institute senior fellow Robert Levy, co-counsel to the Parker plaintiffs, agreed with the court’s ruling but describes that his interpretation of the Second Amendment would not preclude all governmental regulation of private ownership of weapons:

Even the NRA concedes that you can’t have mad men running around with weapons of mass destruction. So there are some restrictions that are permissible and it will be the task of the legislature and the courts to ferret all of that out and draw the lines. I am sure, though, that outright bans on handguns like they have in D.C. won’t be permitted. That is not a reasonable restriction under anybody’s characterization. It is not a restriction, it’s a prohibition.[64]

Clark Neily, an attorney for Dick Heller in this case, has said regarding Heller:

America went over 200 years without knowing whether a key provision of the Bill of Rights actually meant anything. We came within one vote of being told that it did not, notwithstanding what amounts to a national consensus that the Second Amendment means what it says: The right of the people to keep and bear arms shall not be infringed. Taking rights seriously, including rights we might not favor personally, is good medicine for the body politic, and Heller was an excellent dose.[65]

Richard Posner, judge for the United States Court of Appeals for the Seventh Circuit, compares Heller to Roe v. Wade, stating that it created a federal constitutional right that did not previously exist, and he asserts that the originalist method – to which Justice Antonin Scalia claimed to adhere – would have yielded the opposite result of the majority opinion.

The text of the amendment, whether viewed alone or in light of the concerns that actuated its adoption, creates no right to the private possession of guns for hunting or other sport, or for the defense of person or property. It is doubtful that the amendment could even be thought to require that members of state militias be allowed to keep weapons in their homes, since that would reduce the militias’ effectiveness. Suppose part of a state’s militia was engaged in combat and needed additional weaponry. Would the militia’s commander have to collect the weapons from the homes of militiamen who had not been mobilized, as opposed to obtaining them from a storage facility? Since the purpose of the Second Amendment, judging from its language and background, was to assure the effectiveness of state militias, an interpretation that undermined their effectiveness by preventing states from making efficient arrangements for the storage and distribution of military weapons would not make sense.[66]

J. Harvie Wilkinson III, chief judge of United States Court of Appeals for the Fourth Circuit, consents to Posner’s analysis, stating that Heller “encourages Americans to do what conservative jurists warned for years they should not do: bypass the ballot and seek to press their political agenda in the courts.”[67]

Heller thus represents the worst of missed opportunities—the chance to ground conservative jurisprudence in enduring and consistent principles of restraint. The Constitution expresses the need for judicial restraint in many different ways—separation of powers, federalism, and the grant of life tenure to unelected judges among them. It is an irony that Heller would in the name of originalism abandon insights so central to the Framers’ designs.[67]

Alan Gura, Lead Counsel for Respondent in Heller rejects Wilkinson’s criticism, stating that “Rather, the Court affirmed the Second Amendment’s original public meaning, as confirmed by its plain text. Having determined the Amendment’s meaning, the Court showed the proper level of deference to the D.C. City Council’s outright repudiation of the constitutional text: none.”[68]

Post ruling impacts

Since the June 2008 ruling, over 80 different cases have been heard in lower federal courts on the constitutionality of a wide variety of gun control laws.[69][70] These courts have heard lawsuits in regard to bans of firearm possession by felons, drug addicts, illegal aliens, and individuals convicted of domestic violence misdemeanors.[69][70] Also, cases have been heard on the constitutionality of laws prohibiting certain types of weapons, such as machine guns, sawed-off shotguns and/or specific types of weapons attachments. In addition, courts have heard challenges to laws barring guns in post offices and near schools and laws outlawing “straw” purchases, carrying of concealed weapons, types of ammunition and possession of unregistered firearms.[69][70]

The courts have upheld most of these laws as being constitutional.[70] The basis for the lower court rulings is the paragraph near the end of the Heller ruling that states:

Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions on the commercial sale of arms.[71]

Consistently since the Heller ruling, the lower federal courts have ruled that almost all gun control measures as presently legislated are lawful and that according to UCLA professor of constitutional law Adam Winkler: “What gun rights advocates are discovering is that the vast majority of gun control laws fit within these categories.”[69]

Robert Levy, the executive director of the Cato Institute who funded the Heller litigation has commented on this passage describing constitutionally acceptable forms of prohibitions of firearms: “I would have preferred that that not have been there,” and that this paragraph in Scalia’s opinion “created more confusion than light.”[69]

Similar to the lifting of gun bans mentioned previously in the settlements of lawsuits filed post-Heller, in US v. Arzberger, also decided post-Heller, it was noted:

To the extent, then, that the Second Amendment creates an individual right to possess a firearm unrelated to any military purpose, it also establishes a protectible liberty interest. And, although the Supreme Court has indicated that this privilege may be withdrawn from some groups of persons such as convicted felons, there is no basis for categorically depriving persons who are merely accused of certain crimes of the right to legal possession of a firearm.[72]

District of Columbia

The D.C. government indicated it would continue to use zoning ordinances to prevent firearms dealers from operating and selling to citizens residing in the District, meaning it would continue to be difficult for residents to legally purchase guns in the District.[73] Additionally, the District enacted new firearms restrictions in an effort to cure the constitutional defects in the ordinance that the Supreme Court had identified in Heller. The new provisions were: (1) the firearms registration procedures; (2) the prohibition on assault weapons; and (3) the prohibition on large capacity ammunition feeding devices. In response, Dick Heller challenged these new restrictions filing a civil suit named Heller v. District of Columbia (Civil Action No. 08-1289 (RMU), No. 23., 25) where he requested a summary judgment to vacate the new prohibitions. On March 26, 2010, the D.C. District Judge Ricardo M. Urbina denied Dick Heller’s request and granted the cross motion, stating that the court “concludes that the regulatory provisions that the plaintiffs challenge permissibly regulate the exercise of the core Second Amendment right to use arms for the purpose of self-defense in the home. “[74]

Dick Heller’s application to register his semi-automatic pistol was rejected because the gun was a bottom-loading weapon, and according to the District’s interpretation, all bottom-loading guns, including magazine-fed non-assault-style rifles, are outlawed because they are grouped with machine guns.[75]Revolvers will likely not fall under such a ban.[76]

On December 16, 2008 the D.C. Council unanimously passed the Firearms Registration Emergency Amendment Act of 2008[77] which addresses the issues raised in the Heller Supreme Court decision, and also puts in place a number of registration requirements to update and strengthen the District’s gun laws.[78]

Justice Antonin Scalia’s opinion for the majority provided Second Amendment protection for commonly used and popular handguns but not for atypical arms or arms used for unlawful purposes, such as short-barreled shotguns. Scalia stated: “Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.” “We think that Miller’s “ordinary military equipment” language must be read in tandem with what comes after: “[O]rdinarily when called for [militia] service [able-bodied] men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.” 307 U. S., at 179.” “We therefore read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns.” “It may be objected that if weapons that are most useful in military service – M-16 rifles and the like – may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty.”[79]

On July 24, 2014, the U.S. District Court for the District of Columbia ruled, in Palmer v. District of Columbia, that the District’s total ban on the public carrying of ready-to-use handguns is unconstitutional.[80][81] In its decision, the Court stated: “[ . . . ] the Court finds that the District of Columbia’s complete ban on the carrying of handguns in public is unconstitutional. Accordingly, the Court grants Plaintiffs’ motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms. Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.”[82]

New York

Mayor of New York CityMichael Bloomberg said that “all of the laws on the books in New York State and New York City” would be allowed by the ruling as “reasonable regulation.”[83] Robert Levy has stated that the current New York City gun laws are “not much different” from the D.C. ban that has been overturned.[84] The National Rifle Association and other gun-rights advocates have not ruled out suing New York City, especially over the definition of “reasonable regulation”.[85]

Southern District of New York Magistrate Judge James Francis has said that, prior to Heller, it would not have been considered unreasonable to require a defendant to surrender a firearm as a condition of pretrial release. Specifically, according to Judge Francis:[86]

This all changed, with the recent U.S. Supreme Court decision in District of Columbia v. Heller; 128 S.Ct. 2783 (2008), where the court changed the course of Second Amendment jurisprudence by creating what he said was a “protectible liberty interest” in the possession of firearms. Thus, in the absence of an individualized determination at a bail hearing, requiring the defendant to give up any firearms violates due process.

Maloney v. Rice (a.k.a. Maloney v. Cuomo and Maloney v. Spitzer), 554 F.3d 56 (2d. Cir. 2009) originally held that the 2nd Amendment does not apply to the states in the Second Circuit. The case involved a state ban on Nunchaku sticks (a martial arts weapon) in New York. In a memorandum opinion dated June 29, 2010, the Supreme Court vacated the Second Circuit decision in Maloney and remanded for further consideration in light of the holding in McDonald v. Chicago that the Second Amendment does apply to the states. The Second Circuit has remanded the case to the trial court.

Illinois

The NRA has filed five related lawsuits since the Heller decision.[87] In four Illinois lawsuits, the NRA sought to have the Second Amendment incorporated by the Fourteenth Amendment, causing the Second Amendment to apply to state and local jurisdictions and not just to the federal government.[88] Three Illinois lawsuits have been negotiated and settled out of court involving agreements that repeal gun ban ordinances and did not result in incorporation of the Second Amendment to state and local jurisdictions. The fourth NRA lawsuit against Chicago was rejected.[89] The NRA appealed the case to the 7th Circuit Court of Appeals. On June 2, 2009, the Court of Appeals affirmed the district court’s decision, based on the theory that Heller applied only to the Federal Government (including the District of Columbia), and not to states or their subordinate jurisdictions.[citation needed] This opinion directly conflicts with the 9th Circuit Court of Appeals’s earlier decision, holding that Heller applies to states as well.[citation needed]

On June 28, 2010, the Supreme Court reversed the Court of Appeals for the Seventh Circuit‘s decision in McDonald v. Chicago and remanded it back to Seventh Circuit to resolve conflicts between certain Chicagogun restrictions and the Second Amendment. Chicago’s handgun law was likened to the D.C. handgun ban by Justice Breyer.[90]

Similarly, three Illinois municipalities with gun control measures on the books that previously had banned all handguns have rescinded their handgun bans.[91][92][93][94] These cities were Morton Grove, Illinois,[95]Wilmette, another Illinois village,[96] and Evanston, Illinois which enacted a partial repeal of its handgun ban.

In Ezell v. Chicago, decided July 6, 2011, the Seventh Circuit reversed a district court decision that the post-McDonald measures adopted by the City of Chicago were constitutional. The Chicago law required firearms training in a shooting range in order to obtain a gun permit, but also banned shooting ranges within the City of Chicago. The City had argued that applicants could obtain their training at gun ranges in the suburbs. The opinion noted that Chicago could not infringe Second Amendment rights on the grounds that they could be exercised elsewhere, any more than it could infringe the right to freedom of speech on the grounds that citizens could speak elsewhere.

California

On January 14, 2009, in Guy Montag Doe v. San Francisco Housing Authority, the San Francisco Housing Authority reached a settlement out of court with the NRA, which allows residents to possess legal firearms within a SFHA apartment building. The San Francisco lawsuit resulted in the elimination of the gun ban from the SF Housing Authority residential lease terms. Tim Larsen speaking for the Housing Authority said that they never intended to enforce its 2005 housing lease gun ban against law-abiding gun owners and have never done so.[97]

On February 13, 2014, in Peruta v. San Diego, the United States Court of Appeals for the Ninth Circuit decided that the San Diego policy to disallow both concealed carry, and the State of California law that disallowsopen carry anywhere in the state, were not acceptable under Supreme Court precedent in Heller and McDonald. A “responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense.” More specifically, “the Second Amendment does require that the states permit some form of carry for self-defense outside the home.”(italics in original) … and “carrying weapons in public for the lawful purpose of self defense is a central component of the right to bear arms.”[98] The case was remanded to the district court because “San Diego County’s ‘good cause’ permitting requirement impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense.”[98]

Idaho

On January 10, 2014, in Morris v. U.S. Army Corps of Engineers, the District Court struck down a Corps of Engineers regulation barring possession of loaded guns in recreation areas surrounding Corps dams. The court held that tents are akin to homes, and under Heller, Second Amendment rights are protected.[99]

Legacy

Initial reaction has deemed the Heller ruling to be of great significance, though it remains too soon to tell what the long-term effects may be.[100]Sanford Levinson has written that he is inclined to believe that the Hellerdecision will be relatively insignificant to the practice of law in the long run but that it will have significance to other groups interested in cultural literacy and constitutional designers.[100]

In 2009, both Levinson and Mark Tushnet speculated that it is quite unlikely that the case would be studied as part of casebooks of future law schools.[100] As was predicted,[101] a large surge of court cases was seen in lower federal courts in the aftermath of the 2008 ruling. As of March 2009, over 80 cases had been filed seeking to overturn existing gun laws.[102][needs update]

The decision in McDonald v. Chicago, which was brought in response to Heller and decided in 2010, did invalidate much of Chicago’s gun purchase and registration laws, and has called into question many other state and local laws restricting purchase, possession and carry of firearms.

See also

https://en.wikipedia.org/wiki/District_of_Columbia_v._Heller

Story 2: Hillary Clinton Is Nurse Ratched! — Videos

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One Flew Over the Cuckoo’s Nest (film)

From Wikipedia, the free encyclopedia
One Flew Over the Cuckoo’s Nest
One Flew Over the Cuckoo's Nest poster.jpg

Theatrical release poster
Directed by Miloš Forman
Produced by Saul Zaentz
Michael Douglas
Screenplay by Lawrence Hauben
Bo Goldman
Based on One Flew Over the Cuckoo’s Nest
by Ken Kesey
Starring Jack Nicholson
Louise Fletcher
William Redfield
Music by Jack Nitzsche
Cinematography Haskell Wexler
Bill Butler[1]
Edited by Richard Chew[2]
Sheldon Kahn
Lynzee Klingman
Production
company
Fantasy Films
Distributed by United Artists
Release dates
  • November 19, 1975
Running time
133 minutes
Country United States
Language English
Budget $3 million[3]
Box office $109 million[3]

One Flew Over the Cuckoo’s Nest is a 1975 American comedy-drama film directed by Miloš Forman, based on the 1962 novel One Flew Over the Cuckoo’s Nest by Ken Kesey. The film stars Jack Nicholson and features a supporting cast of Louise Fletcher, William Redfield, Will Sampson, and Brad Dourif.

Considered to be one of the greatest films ever made, One Flew Over the Cuckoo’s Nest is No. 33 on the American Film Institute‘s 100 Years… 100 Movies list. The film was the second to win all five major Academy Awards (Best Picture, Actor in Lead Role, Actress in Lead Role, Director, and Screenplay) following It Happened One Nightin 1934, an accomplishment not repeated until 1991 by The Silence of the Lambs. It also won numerous Golden Globe and BAFTA Awards.

In 1993, the film was deemed “culturally, historically, or aesthetically significant” by the United States Library of Congress and selected for preservation in the National Film Registry.

Plot

In 1963, Oregon, recidivist criminal Randle McMurphy is moved to a mental institution after serving a short sentence on a prison farm after raping a teenager. Though not actually mentally ill, McMurphy hopes to avoid hard labour and serve the rest of his sentence in a relaxed environment. Upon arriving at the hospital, he finds the ward run by the steely, strict Nurse Ratched, who subtly suppresses the actions of her patients through a passive-aggressive routine, intimidating the patients.

The other patients include anxious, stuttering Billy Bibbit; Charlie Cheswick, who is prone to childish tantrums; delusional Martini; the well-educated, paranoid Dale Harding; belligerent Max Taber; epileptic Jim Sefelt; and “Chief” Bromden, a tall Native American believed to be deaf and mute. Ratched soon sees McMurphy’s lively, rebellious presence to be a threat to her authority, confiscating the patients’ cigarettes and rationing them. During his time in the ward, McMurphy gets into a battle of wits with Ratched. He steals a hospital bus, escaping with several patients to go on a fishing trip, encouraging his friends to become more self-confident.

McMurphy learns his sentence may become indefinite, and he makes plans to escape, exhorting Chief to throw a hydrotherapy cart through a window. He, Chief, and Cheswick get into a fight with the orderlies after the latter becomes agitated over his stolen cigarettes. Ratched sends them to the “shock shop”, and McMurphy discovers Chief can actually speak, feigning illness to avoid engaging with anyone. After being subjected to electroconvulsive therapy, McMurphy returns to the ward pretending to have brain damage, but reveals the treatment has charged him up even more. McMurphy and Chief make plans to escape, but decide to throw a secret Christmas party for their friends after Ratched leaves for the night.

McMurphy sneaks two women, Candy and Rose, into the ward and bribes the night guard. After a night of partying, McMurphy and Chief prepare to escape, inviting Billy to come with them. He refuses, not ready to leave the hospital. McMurphy instead convinces him to have sex with Candy. Ratched arrives in the morning to find the ward in disarray and most of the patients unconscious. She discovers Billy and Candy together, the former now free of his stutter, until Ratched threatens to inform his mother about his escapade. Billy is overwhelmed with fear and locks himself in the doctor’s office and commits suicide. The enraged McMurphy strangles Ratched, before being knocked out by an orderly.

Ratched comes back with a neck brace and a scratchy voice. Rumours spread that McMurphy escaped rather than be taken “upstairs”. Later that night, Chief sees McMurphy being returned to his bed. He discovers McMurphy has lobotomy scars on his forehead, and smothers his friend with a pillow. Chief finally throws the hydrotherapy cart through the window and escapes into the night, cheered on by the men.

Cast

Production

Filming began in January 1975 and concluded approximately three months later,[4] and was shot on location in Salem, Oregon and the surrounding area, as well as on the Oregon coast.[5][6] It was also shot at Oregon State Hospital in Salem, Oregon, which was also the setting of the novel.[7]

Haskell Wexler was fired as cinematographer and replaced by Bill Butler. Wexler believed his dismissal was due to his concurrent work on the documentary Underground, in which the radical terrorist group The Weather Underground were being interviewed while hiding from the law. However, Miloš Forman said he had terminated Wexler over mere artistic differences. Both Wexler and Butler received Academy Awardnominations for Best Cinematography for One Flew Over the Cuckoo’s Nest, though Wexler said there was “only about a minute or two minutes in that film I didn’t shoot.”[8]

According to Butler, Jack Nicholson refused to speak to Forman: “…[Jack] never talked to Milos at all, he only talked to me.”[1]

Reception

The film was met with overwhelming critical acclaim; Roger Ebert said “Miloš Forman’s One Flew Over the Cuckoo’s Nest is a film so good in so many of its parts that there’s a temptation to forgive it when it goes wrong. But it does go wrong, insisting on making larger points than its story really should carry, so that at the end, the human qualities of the characters get lost in the significance of it all. And yet there are those moments of brilliance.”[9] Ebert would later put the film on his “Great Movies” list.[10] A.D. Murphy of Variety wrote a mixed review as well,[11] as did Vincent Canby: writing in The New York Times, Canby called the film “a comedy that can’t quite support its tragic conclusion, which is too schematic to be honestly moving, but it is acted with such a sense of life that one responds to its demonstration of humanity if not to its programmed metaphors.”[12]

The film opens with original music by composer Jack Nitzsche, featuring an eerie bowed saw (performed by Robert Armstrong) and wine glasses. Commenting on the score, reviewer Steven McDonald has said, “The edgy nature of the film extends into the score, giving it a profoundly disturbing feel at times — even when it appears to be relatively normal. The music has a tendency to always be a little off-kilter, and from time to time it tilts completely over into a strange little world of its own …”[13]

The film went on to win the “Big Five” Academy Awards at the 48th Oscar ceremony. These include the Best Actor for Jack Nicholson, Best Actress for Louise Fletcher, Best Direction for Forman, Best Picture, andBest Adapted Screenplay for Laurence Hauben and Bo Goldman. The film currently has a 95% “Certified Fresh” rating at Rotten Tomatoes with an average rating of 8.9/10.[14] Its consensus states “The onscreen battle between Jack Nicholson and Louise Fletcher serves as a personal microcosm of the culture wars of the 1970s — and testament to the director’s vision that the film retains its power more than three decades later.”

One Flew Over the Cuckoo’s Nest is considered to be one of the greatest American films. Ken Kesey participated in the early stages of script development, but withdrew after creative differences with the producers over casting and narrative point of view; ultimately he filed suit against the production and won a settlement.[15] Kesey himself claimed never to have seen the movie, but said he disliked what he knew of it,[16] a fact confirmed by Chuck Palahniuk who wrote, “The first time I heard this story, it was through the movie starring Jack Nicholson. A movie that Kesey once told me he disliked.”[17]

In 1993, this film was deemed “culturally, historically, or aesthetically significant” by the United States Library of Congress and selected for preservation in their National Film Registry.[18]

Awards and honors

Award Category Nominee Result
Academy Award Academy Award for Best Picture Michael Douglas and Saul Zaentz Won
Academy Award for Best Director Miloš Forman Won
Academy Award for Best Actor Jack Nicholson Won
Academy Award for Best Actress Louise Fletcher Won
Academy Award for Writing Adapted Screenplay Laurence Hauben and Bo Goldman Won
Academy Award for Best Supporting Actor Brad Dourif Nominated
Academy Award for Best Cinematography Haskell Wexler and Bill Butler Nominated
Academy Award for Film Editing Richard Chew, Lyzee Klingman and Sheldon Kahn Nominated
Academy Award for Original Music Score Jack Nitzsche Nominated
Golden Globe Award Golden Globe Award for Best Motion Picture – Drama Michael Douglas and Saul Zaentz Won
Golden Globe Award for Best Director – Motion Picture Miloš Forman Won
Golden Globe Award for Best Actor – Motion Picture Drama Jack Nicholson Won
Golden Globe Award for Best Actress – Motion Picture Drama Louise Fletcher Won
Golden Globe Award for Best Screenplay Laurence Hauben and Bo Goldman Won
Golden Globe Award for New Star of the Year – Actor Brad Dourif Won
BAFTA Award BAFTA Award for Best Film Michael Douglas and Saul Zaentz Won
BAFTA Award for Best Direction Miloš Forman Won
BAFTA Award for Best Actor in a Leading Role Jack Nicholson Won
BAFTA Award for Best Actress in a Leading Role Louise Fletcher Won
BAFTA Award for Best Actor in a Supporting Role Brad Dourif Won
BAFTA Award for Best Editing Richard Chew, Lynzee Klingman and Sheldon Kahn Won
BAFTA Award for Best Cinematography Haskell Wexler and Bill Butler Nominated
BAFTA Award for Best Adapted Screenplay Laurence Hauben and Bo Goldman Nominated

Others

American Film Institute

See also

References

  1. ^ Jump up to:a b Townsend, Sylvia (19 December 2014). “Haskell Wexler and the Making of ‘One Flew Over the Cuckoo’s Nest'”. Retrieved 13 April2015.
  2. Jump up^ Chew was listed as “supervising editor” in the film’s credits, but was included in the nomination for an editing Academy Award.
  3. ^ Jump up to:a b “One Flew Over the Cuckoo’s Nest, Box Office Information”.Box Office Mojo. Retrieved January 22, 2012.
  4. Jump up^ One Flew Over the Cuckoo’s Nest at the American Film Institute
  5. Jump up^ Story Notes for One Flew Over the Cuckoo’s Nest
  6. Jump up^ “Hollywood’s Love Affair with Oregon Coast Continues”. Retrieved15 June 2015.
  7. Jump up^ Oregon State Hospital – A documentary film (Mental Health Association of Portland)
  8. Jump up^ Anderson, John. “Haskell Wexler, Oscar-Winning Cinematographer, Dies at 93.” The New York Times, December 27, 2015.
  9. Jump up^ Suntimes.com – Roger Ebert review, Chicago Sun-Times, January 1, 1975
  10. Jump up^ Suntimes.com – Roger Ebert review, Chicago Sun-Times, February 2, 2003.
  11. Jump up^ Variety.com – A.D. Murphy, Variety, November 7, 1975
  12. Jump up^ Canby, Vincent (November 28, 1975). “Critic’s Pick: One Flew Over the Cuckoo’s Nest”. The New York Times.
  13. Jump up^ AllMusic: Review by Steven McDonald
  14. Jump up^ “One Flew over the Cuckoo’s Nest Movie Reviews, Pictures – Rotten Tomatoes”. Retrieved 2010-08-19.
  15. Jump up^ Carnes, Mark Christopher, Paul R. Betz, et al. (1999). American National Biography, Volume 26. New York: Oxford University Press USA. ISBN 0-19-522202-4. p. 312,
  16. Jump up^ Carnes, p. 312
  17. Jump up^ Foreword of One Flew Over the Cuckoo’s Nest, Copyright 2007 by Chuck Palahniuk. Available in the 2007 Edition published by Penguin Books
  18. Jump up^ “U.S. National Film Registry — Titles”. Retrieved September 2,2016.
  19. Jump up^ AFI’s 100 Years…100 Heroes and Villains Nominees

External links

https://en.wikipedia.org/wiki/One_Flew_Over_the_Cuckoo%27s_Nest_(film)

Could Hillary’s smile cost her the election? Twitter mocks Clinton’s ‘creepy grandma’ grin as she smirks her way through presidential debate

With her opponent dogged by accusations of sexual assault, Hillary Clinton had strong odds as she entered the third presidential debate on Wednesday.

Only one thing seemed to threaten her chances of victory: her smile.

The Democratic candidate faced a flood of insults as she took to the stage at the University of Las Vegas, with many viewers confessing they were ‘creeped out’ by her stubborn grin.

Hundreds took to Twitter to describe her smile as ‘scary’ and ‘creepy’.

Hillary Clinton's unrelenting smile at Wednesday's presidential debate made for uncomfortable viewing for some voters 

Hillary Clinton’s unrelenting smile at Wednesday’s presidential debate made for uncomfortable viewing for some voters

Social media mocks Hillary Clinton’s ‘creepy grandma’ grin

Others questioned why, when being slammed with insults from her opponent, her expression did not drop.

‘Hillary Clinton’s smile is the scariest thing I’ve ever seen in my life,’ said one observer.

‘When Hillary smiles she looks like an evil snake,’ another commented.

‘What to do when you don’t have a response? Smile like a chipmunk,’ remarked another.

‘Whoever told Hillary Clinton to smile less since the first debate gave great advice,’ mused a different viewer.

Others, ever-so-slightly more charmed by her cheerful demeanor, likened her to a happy grandmother.

The Democratic candidate beamed as she listened to Donald Trump slam her political record and campaign policies 

Her glee remained written all over her face as Trump continued to slate her, much to viewers' confusion 

Her glee remained written all over her face as Trump continued to slate her, much to viewers’ confusion

Twitter users were quick to mock her expression as they watched the debate on Wednesday 

Twitter users were quick to mock her expression as they watched the debate on Wednesday

Clinton's happy expression became a talking point at earlier debates. It continued to peak viewers' interests at her final showdown with Trump on Wednesday (above) e

Clinton’s happy expression became a talking point at earlier debates. It continued to peak viewers’ interests at her final showdown with Trump on Wednesday (above)

‘Hillary Clinton is so cute it’s something about her I just want her to tuck me in and give me a kiss with her coffee breath,’ one commented.

It was not the first time her facial expression sparked interest among voters.

After the first presidential debate on September 26, political commentators shared some free advice with the candidate online.

‘Who told Hillary Clinton to keep smiling like she’s at her granddaughter’s birthday party?’ said David Frum, senior editor of The Atlantic, at the time.

The discussion had the same hallmarks of bizarre criticisms made earlier this month about Donald Trump’s incessant sniffing.

Viewers were distracted throughout the second presidential debate by the Republican candidate’s runny nose, complaining in their droves about it online. 
http://www.dailymail.co.uk/news/article-3854016/Could-Hillary-s-smile-cost-election-Twitter-mocks-Clinton-s-creepy-grandma-grin-smirks-way-presidential-debate.html#ixzz4Nf3WfCyu

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The Pronk Pops Show 778, October 18, 2016, Breaking Stories — October Surprise — Surprise — Surprise — Story 1: Project Veritas Undercover Investigation Exposes Clinton Campaign and DNC Inciting Violence at Trump Rallies! — Dirty Democrat Deeds — Multiple Violations of The Law — Assault On Rule of Law — Videos — Story 2: The Sound of Silence of Big Lie Media — How The Democrats Rigged The Election — Videos — Story 3: Bill and Hillary Clinton Exposed By Hillary Hit Man –24 years of Cover-ups and Crimes — Read It In The National Enquirer — Videos

Posted on October 18, 2016. Filed under: 2016 Presidential Campaign, 2016 Presidential Candidates, Addiction, American History, Assault, Banking System, Blogroll, Breaking News, Bribery, Budgetary Policy, Business, College, Communications, Computers, Congress, Constitutional Law, Corruption, Countries, Crime, Culture, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Drugs, Economics, Education, Empires, Employment, Federal Bureau of Investigation (FBI), Federal Communications Commission, Fiscal Policy, Foreign Policy, Fourth Amendment, Free Trade, Government, Government Dependency, Government Spending, Health Care, Health Care Insurance, High Crimes, Hillary Clinton, Hillary Clinton, History, House of Representatives, Human, Human Behavior, Illegal Drugs, Illegal Immigration, Immigration, Impeachment, Language, Law, Legal Drugs, Legal Immigration, Life, Lying, Media, Monetary Policy, News, Philosophy, Photos, Politics, Polls, President Barack Obama, Pro Abortion, Pro Life, Progressives, Radio, Raymond Thomas Pronk, Second Amendment, Senate, Social Networking, Tax Policy, Trade Policy, Unemployment, United States Constitution, United States of America, United States Supreme Court, Videos, Violence, Wall Street Journal, War, Wealth, Weapons, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Story 1: Project Veritas Undercover Investigation Exposes Clinton Campaign and DNC Inciting Violence at Trump Rallies! — Dirty Democrat Deeds — Multiple Violations of The Law — Assault On Rule of Law  — Videos —

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Bob Cramer

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Scott Foval

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Rigging the Election – Video I: Clinton Campaign and DNC Incite Violence at Trump Rallies

Published on Oct 17, 2016

In this explosive new video from Project Veritas Action, a Democratic dirty tricks operative unwittingly provides a dark money trail to the DNC and Clinton campaign. The video documents violence at Trump rallies that is traced to the Clinton campaign and the DNC through a process called birddogging.

A shady coordinated communications chain between the DNC, Clinton Campaign, Hillary Clinton’s Super PAC (Priorities) and other organizations are revealed. A key Clinton operative is on camera saying, “It doesn’t matter what the friggin’ legal and ethics people say, we need to win this motherfucker.”

Rigging the Election – Video II: Mass Voter Fraud

The O’Reilly Factor 10/18/16 Rigging the Election – Mass Voter Fraud

James O’Keefe on Varney & Co Fox Business

UNDERCOVER VIDEO: DEMOCRATS CAUSED VIOLENCE AT TRUMP RALLIES

“Conflict engagement” means paying leftist agitators, the homeless and the mentally ill, to cause melees at Trump rallies.

The frequent outbursts of violence at Republican candidate Donald Trump’s campaign rallies have been orchestrated and paid for by Hillary Clinton’s campaign, a stunning new undercover video suggests.

Why isn’t the mainstream media apart from Fox News covering this new scandal? Perhaps because reporters overwhelmingly support Hillary Clinton in the election. In terms of dollars donated to the Clinton and Trump campaigns, journalists favor Clinton by a factor of 27 to 1. They’ve given more than $382,000 to Clinton’s campaign compared to just $14,000 to Trump’s campaign, according to the Center for Public Integrity.

This newly revealed Reichstag fire of a plot by Democrats at the highest levels is “a direct assault on democracy and the rule of law,” former House Speaker Newt Gingrich (R-Ga.) told Sean Hannity on Fox News Channel last night. “This is a hundred times bigger than Watergate.”

Gingrich may be on to something. Thanks to the video provided by Project Veritas Action, Americans will now be able to see that the Left has been running a clandestine operation against Trump for some time now.

The idea was to concoct evidence that Trump supporters were crazy, knuckle-dragging thugs in order to discredit the billionaire businessman’s campaign for president. Many left-wingers already call Trump a fascist or a Nazi so creating the appearance at Trump rallies that the candidate’s supporters are violent put some meat on the bone, so to speak. It’s the Big Lie American-style, a huge false-flag operation generated by a real-life vast left-wing conspiracy.

This, of course, is what the Left does. Its agenda-setters dislike stories that deviate from their preferred narrative. They will lie and distort in order to shoehorn events to support their worldview. This is why Americans were told over and over again that the Tea Party movement was violent and dangerous, while Black Lives Matter and Occupy Wall Street are gentle and benign. This is why we are told Republicans are greedy, heartless, and racist, while Democrats are selfless, compassionate, and color-blind.

In the video, Americans United for Change (AUfC) operative Scott Foval is shown on camera saying, “One of the things we do is we stage very authentic grassroots protests right in their faces at their own events. Like, we infiltrate.”

Ethics, shmethics, is Foval’s attitude. “It doesn’t matter what the friggin’ legal and ethics people say, we need to win this motherfucker.” He adds, “we’re starting anarchy here.”

The Clinton campaign “is fully in it,” veteran left-wing strategist Robert Creamer confirms on hidden camera. “Hillary knows through the chain of command what’s going on.”

In another clip, Creamer is shown saying, “I’m not suggesting we wait around. We need to start this shit right away on every one of these fronts.”

The new video also appears to unveil a carefully coordinated scheme to circumvent campaign finance laws involving what some call the “Brocktopus,” or the network of organizations created by Media Matters for America founder and Hillary Clinton ally David Brock to get Clinton elected.

In the footage released by ACORN slayer James O’Keefe III yesterday, Creamer and Foval were caught explaining in detail their devious plan to generate negative media coverage of Trump events.

Creamer, a practitioner of the agitation arts taught by Marxist community organizing guru Saul Alinsky, is the husband of Rep. Jan Schakowsky (D-Ill.), a socialist and advocate of single-payer health care. Creamer is considered by many to be the legislative architect of Obamacare. He also wrote a series of bad checks to cover his salary at a nonprofit and went to prison. Prosecutors wanted to send him up the river for 37 months but he received a mere five-month sentence and 11 months of home confinement from a friendly Democrat judge.

The information provided by Creamer and Foval is damning because it spells out the relationship between their various dirty tricks crews across the country and the leadership of the Democratic Party and how these people go about their illicit business.

But first let’s look at what Creamer said.

“Wherever Trump and Pence are gonna be we have events,” Creamer explains in the video. “We have a call with the campaign every day to go over the focuses that need to be undertaken.”

He continues:

And we have a whole team across the country that does that. Both consultants and people from the Democratic Party and the Democratic Party apparatus and people from the campaign, the Clinton campaign. And my role in the campaign is to manage all that.

Creamer founded Democracy Partners in 2011. He explains, “Just for a little orientation, Democracy Partners is kind of a group practice of a variety of consultants that do, essentially, a wide variety of different kinds of political consulting.”

Foval says that he works “with Bob Creamer one to one. I’m the white hat; Democracy Partners is kind of dark hat.” He adds, “Bob Creamer is diabolical and I love him for it.”

“We are contracted directly with the DNC and the campaign both,” Foval says. “I am contracted to him [Creamer], but I answer to the head of special events for the DNC and the head of the special events and political for the campaign.”

“The campaign pays DNC, DNC pays Democracy Partners, Democracy Partners pays the Foval Group, the Foval Group goes and executes the shit on the ground,” Foval says.

“We are the primary mechanism as a team. Democracy Partners is the tip of the spear on that stuff.”

Foval explains that his teams use “a script of engagement” to taunt and provoke Trump supporters. “Sometimes the crazies bite and sometimes the crazies don’t bite.”

The goal is to bring about a physical confrontation that will make it into media reports.

“If you’re there and you’re protesting and you do these actions, you will be attacked at Trump rallies,” he says. “That’s what we want.”

“The whole point of it is that we know Trump’s people will freak the fuck out, his security team will freak out, and his supporters will lose their shit.”

It is important to get the confrontation started in the lineup waiting to get in to the rally, Foval says.

Because once they’re inside the rally they’re under Secret Service’s control. When they’re outside the rally, the media will cover it no matter where it happens. The key is initiating the conflict by having leading conversations with people who are naturally psychotic. I mean honestly, it is not hard to get some of these assholes to pop off. It’s a matter of showing up, to want to get into the rally, in a Planned Parenthood t-shirt. Or, Trump is a Nazi, you know. You can message to draw them out, and draw them to punch you.”

Foval brags about the rent-a-mobs he keeps on standby across America.

We have to have people prepared to go wherever these events are, which means we have to have a central kind of agitator training. Now, we have a built-in group of people in New York who do this. We have a built-in group of people in D.C. who do this. We have a group of people in Vegas. We have a group of people in Colorado. We have a group of people in Minneapolis.

Foval says that “We have to be really careful because what we don’t need is for it to show up on CNN that the DNC paid for X people to, that’s not going to happen.” Events perceived as partisan by the media are far less likely to get worthwhile coverage, he says.

“It’s something that Bob and I obsess about is we’re not going to go to an effort to just do an event and not have anybody show up or not have it covered,” he says. “We have to get coverage.”

Foval continues:

You remember the Iowa State Fair thing where Scott Walker grabbed the sign out of the dude’s hand and then the dude gets kind of roughed up right in front of the stage right there on camera? That was all us. The guy that got roughed up is my counterpart who works for Bob.

Shirley Teeter, the 69-year-old lady who claimed to have been assaulted at a Trump rally in North Carolina, “was one of our activists,” Foval says. She “had been trained up to birddog.”

He explained what “birddogging” is.

So the term birddogging, you put people in the line at the front, which means they have to get there at six o’clock in the morning because they have to get in front of the rally, so what when Trump comes down the rope line they’re the ones asking him the question in front of the reporters, because they’re pre-placed there. To funnel that kind of operation, you have to start back with people two weeks ahead of time and train them how to ask questions. You have to train them to birddog.

Foval bragged about exploiting homeless people and people with psychiatric problems.

I’m saying we have mentally ill people that we pay to do shit, make no mistake. Over the last 20 years I’ve paid off a few homeless guys to do some crazy stuff, and I’ve also taken them for dinner, and I’ve also made sure they had a hotel, and a shower and I put them in a program. Like I’ve done that. But the reality is, a lot of people, especially our union guys, a lot of union guys, they’ll do whatever you want. They’re rock ’n roll.

Foval explained how the super PACs communicate with each other and how their information finds its way to the DNC, likely in violation of federal law.

And then there’s the DNC and the campaigns and Priorities [Clinton’s super PAC]. Priorities is a big part of this too. The campaigns and DNC cannot go near Priorities, but I guaran-damn-tee you that the people who run the super PACs all talk to each other and we and a few other people are the hubs of that communication.

“We’re consultants,” Foval says, “so we’re not the official entity and so those conversations can be had between consultants who are working for different parts.”

An undercover journalist asks, “So there’s like a Morse code between the DNC and the super PACs?”

“It’s less of a Morse code than it is a text conversation that never ends,” Foval says. “It’s like that. It’s kind of like an ongoing Pony Express.”

The process is “not as efficient as it could be but that’s because the law doesn’t allow it to.”

He adds:

The thing that we have to watch is making sure there is a double blind between the actual campaign and the actual DNC and what we’re doing. There’s a double blind there. So they can plausibly deny that they knew anything about it.

A group Foval works for and repeatedly references in the video is Americans United for Change, a 501(c)(4) nonprofit headquartered in Washington, D.C. It had a $4 million budget in the year ending June 30, 2015. Ploughshares Fund Inc., which was instrumental in the Iranian nuclear nonproliferation pact process, gave Americans United for Change $64,971 in grants in 2014.

From 2010 to the present, AUfC has paid one of Creamer’s firms, Chicago-based Strategic Consulting Group, $955,132 as a contractor, according to IRS filings.

The cast of characters involved in Americans United for Change is a who’s who of the nation’s Democrat power elite.

According to the most recent publicly available IRS Form 990 for the period ending June 30, 2015, the group’s board members and corporate officers are:

Lee Saunders, AUfC board chairman, is president of AFSCME (American Federation of State, County and Municipal Employees). He gave a keynote address at DNC 2016 in Philadelphia.

Brad Woodhouse, AUfC president, is president of two pro-Hillary super PACs, American Bridge 21st Centuryand Correct the Record. He is a former DNC communications director.

Mike Lux, AUfC secretary, is CEO of Progressive Strategies, and cofounder and CEO of Democracy Partners. His online bio states he serves on the boards of Arca Foundation, Netroots Nation, Progressive Congress, and USAction, that he founded and chairs American Family Voices, cofounded Ballot Initiative Strategy Center, Progressive Majority, Women’s Voice/Women Vote, and Center for Progressive Leadership. The bio states “he played a role in the early days of launching” the Center for American Progress, Air America, andMoveOn. He is aformer senior vice president for political action at People for the American Way (PfAW) andPfAW Foundation, and helped launch the PfAW PAC and the PfAW Voters Alliance. Lux was hired by the DNCon Sept. 27 as senior adviser for progressive outreach for the rest of the 2016 campaign.

Khalid Pitts, AUfC treasurer, is national political director for the Sierra Club, and a partner in Democracy Partners. He is an executive board member and secretary-treasurer for the DC Health Benefit Exchange Authority. Pitts is president USAction, a pressure group cofounded by professional Alinskyite and DNC trainerHeather Booth, who founded the community organizing school, the Midwest Academy. He was also director of strategic campaigns for SEIU and a member of the board of Coalition on Human Needs.

Mary Kay Henry is international president of SEIU (Service Employees International Union). She gave an address at DNC 2016.

Randi Weingarten ispresident of the American Federation of Teachers. Like Henry, shegave an address at DNC 2016.

Former Rep. David Obey (D-Wisc.) is a former chairman of the House Appropriations Committee.

Susan McCue is president of Message Global LLC. She co-chairs Senate Majority PAC and is a; former chief of staff to then-Senate Majority Leader Harry Reid (D-Nev.). She was deputy assistant secretary for public affairs under then-HUD Secretary Andrew Cuomo. McCue worked for the Associated Press, National Journal, and theNew York Times. Her online bio states in 2007 GQ magazine named her “one of the 50 most powerful people in Washington,” and in 2006 Washingtonian Magazine “named her one of the 100 most powerful women in Washington.” She helped organize the “Camden Uprising” concert during DNC 2016 which featured Lady Gaga, Lenny Kravity, and DC Jazzy Jeff.

Jim Messina was the Obama 2012 campaign manager and Obama White House deputy chief of staff for operations.

Chuck Loveless is a senior advisor at Nueva Vista Group LLC. He is a former director of federal government affairs for AFSCME and a past chairman of the International Foundation of Employee Benefit Plans’ Public Employees Committee. Loveless is a former chairman of Americans for Tax Fairness.

But that’s not all.

Prominent Democrat operatives have served on the board of Americans United for Change in the past.

Among them are: Roger Hickey and Robert Borosage of the Campaign for America’s Future; Karen Olick, managing director, SKDKnickerbocker; and Adam Luna, senior advisor, United We Dream Network Inc., who also served as policy director for America’s Voice and America’s Voice Education Fund.

Thomas McMahon once served as AUfC’s acting executive director. He is a partner in New Partners and was executive director of the DNC from February 2005 to July 2010, according to his LinkedIn profile. He was deputy campaign manager for Howard Dean’s presidential run in 2004 and deputy director of advance in Bill Clinton’s White House from 1995 to 1997.

Former AUfC executive Caren Benjamin is now vice president of West End Strategy. Benjamin was an adviser to Rep. Nancy Pelosi (D-Calif.), press secretary for Sen. Bob Graham (D-Fla.), and worked as a communications strategist at the AFL-CIO and Vanguard Communications. She also was a reporter with theLas Vegas Review-Journal and the Associated Press in Washington, New York, and Nevada, according to her online bio.

O’Keefe promises another bombshell video Tuesday.

“Tomorrow we release our next installment of this investigation where we expose a voter fraud scheme discussed at the highest levels,” O’Keefe said. “The Hillary Clinton campaign is leaving nothing to chance as we have seen and will continue reveal as our undercover investigation into the dark machine of the Hillary Clinton campaign continues,”

“Hillary, check your email,” O’Keefe added cheekily.

http://www.frontpagemag.com/fpm/264543/undercover-video-democrats-caused-violence-trump-matthew-vadum

Story 2: Big Lie Media — The Sound of Silence — How The Democrats Rigged The Election — Videos

James O’Keefe Demands The Corporate Media to Report Veritas

Hannity 10/17/16 | James O’Keefe video, Melania Trump interview, Clinton camp exposed

Story 3: Bill and Hillary Clinton Exposed By Hillary Hit Man –24 years of Cover-ups and Crimes — Read It In The National Enquirer — Videos —

Hillary Clinton in the National Enquirer on Wednesday

BREAKING: Hillary Hit Man Reveals Major BOMBSHELL SECRETS!

The Howie Carr Show | The New Project Veritas Video and the Hillary National Enquirer piece

John Edwards Admits Having Affair – National Enquirer Tells Truth!!

Rielle Hunter 20/20 Interview On John Edwards

BREAKING NEWS

Hillary Fixer Breaks Ranks: I Arranged Sex Trysts For Her — With Men & WOMEN

Stunning revelations of Clinton bag man!

hillary clinton lesbian sex claims scandals

Hillary Clinton is a secret sex freak who paid fixers to set up illicit romps with both men AND women!

That’s the blockbuster revelation from a former Clinton family operative who is sensationally breaking ranks with his one-time bosses to speak to The National ENQUIRER in a bombshell 9-page cover story — on newsstands Wednesday.

“I arranged a meeting for Hillary and a woman in an exclusive Beverly Hills hotel,” the man, who was hired by the Clintons, via a Hollywood executive, to cover up their scandals, told The ENQUIRER.

PHOTOS: Revenge! Donald Trump Fighting Back Against Hillary Clinton’s Smear Campaign

“She had come to the studio to see the filming of a movie in 1994.”

“While I was there, I helped her slip out of a back exit for a one-on-one session with the other woman. It was made to look casual, leaving quietly [rather] that being caught up in the melee … but really it was for something presumably more sordid.”

What’s more, it wasn’t just Hillary’s flings with women that the shadowy Mr. Fix It helped to orchestrate!

PHOTOS: Hillary’s Lies EXPOSED! Clinton’s Top 5 Debate Whoppers

Hillary’s former bagman finally confessed to The ENQUIRER just how he helped her to cover up her affair with married lover VinceFoster, too!

The shadowy figure — who provided PROOF of his employment for the Clintons — also revealed 12 fixes he covered-up, including:

+ How Hillary secretly plotted to a counter-attack on Bill’s mistress MonicaLewinsky — via a document buried for two decades!

PHOTOS: Leaked Emails Detail Hillary Clinton’s Desperate Health Crisis Cover-Ups

+ What crooked reporters were on the take from the Clinton camp!

+ How he covered up Bill’s seedy romp with hookers!

+ Which A-list celebrity had a secret affair with Bill during his presidency!

PHOTOS: Crooked Hillary’s Lies EXPOSED! Clinton’s 13 Most Infamous Scandals — So Far

In the bombshell exposé, The ENQUIRER will reveal the fixer’s dossier of smoking gun proof, including 24-years of documents, notes, and journals.

http://www.nationalenquirer.com/celebrity/hillary-clinton-lesbian-sex-claims-vince-foster-fixer/

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The Pronk Pops Show 772, October 10, 2016, Party 1 of 3: Story 1: Trump Won Debate and Will Win Election With Independents and White Voters! — Videos — Story 2: Trump Apology For Boys Being Bad Bus Boys Video — Big Lie Media Feeding Frenzy — Videos — Story 3: Guilty As Sin — Hillary Clinton — Verdict Announced On Election Day — Videos — Story 4: Back To The Issues The American People Care About? The Economy, Jobs/Unemployment, Federal Budget Deficits/National Debt, Affordable Health Care Insurance, Social Security, National Security, Terrorism, Illegal Alien Invasion of United States, Education, Abortion, Crime/Violence, Wages, Inflation and Taxes!

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Party 1 of 3:

Story 1: Trump Won Debate and Will Win Election With Independents and  White Voters! — Videos —

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FULL: Donald Trump vs Hillary Clinton – Second Presidential Debate – Washington University 10/9/2016

The Second Presidential Debate – LIVE Sunday, October 9, 2016 9 PM EST

Donald Trump threatens to prosecute Hillary Clinton

Donald Trump Tells Hillary Clinton “You Would Be In Jail” If I Was President

Fox News: Trump ANNIHILATED Hillary In Every Way

Donald Trump Press Conference with Paula Jones and other victims before Debate

Fox News Sunday with Chris Wallace 2nd Presidential Debate: Hillary Clinton vs Donald Trump 10/9/16

Media Buzz 10/9/16 Second Presidential Debate – Donald Trump vs. Hillary Clinton

America’s Newsroom 10/9/16 Donald Trump vs Hillary Clinton – Second Presidential Debate –

Fox & Friends (10/9/16) What Does Trump Need To Do To Win MI And WI? #1

Hannity (10/7/16) Jeanine Pirro – Race For The White House – Trump Vs. Clinton

The DOJ Is Corrupt To The Core – The O’Reilly Factor (FULL SHOW 10/6/2016)

Fox & Friends [ October 6 2016 ] Donald Trump Hit Hillary Before 2ND Debate

Ann Coulter GOP Will Win by ‘Driving Up the White Vote,’ Not Pandering to Minorities

Gerald Celente Predicts Trump Wins White House

Inside The White Vote: Ethnic Germans And Italians Love Trump, Poll Finds

Pundits often talk about the “white vote,” but it’s more complicated than that. Voters who say they have German or Italian heritage lean most heavily to Trump and the GOP, a poll run for BuzzFeed News reveals.

Story 2:  Trump Apology For Boys Being Bad Bus Boys Video —  Big Lie Media Feeding Frenzy — Videos –

Image result for cartoon donald j. trump lewd comments october 7, 2016

Image result for donald trump lewd video photo bush soap opera

Image result for cartoon donald j. trump apologes for lewd comment october 7, 2016

Donald Trump posts apology video after October 7 release of his lewd comments about women

Trump recorded lewd conversation about women Donald Trump & Billy Bush’s Conversation About Women

Trump Issues Statement About Vulgar Comments Caught on Hot Mic in 2005

JUSTICE w / Judge Jeanine Pirro 10/8/16 Donald Trump Recording

Will Tape of Trump’s Lewd Remarks About Women Cost Him the Race? (With All Due Respect – 10/07/16)

Can You Trust The Press?

Part 1 – Anti-Trump attack ads by Hillary Clinton aired in September 2016

Part 2 – Anti-Trump attack ads by Hillary Clinton aired in September 2016

300: Making America Great Again [Donald Trump Parody]

TRUMP, BEFORE DEBATE, APPEARS WITH BILL CLINTON’S ACCUSERS


Donald Trump, on the defensive since a video came out depicting him using vulgar language about women and seeming to condone sexual assault, held a pre-debate appearance Sunday with women who accused Bill Clinton of rape and unwanted sexual advances.

Trump has telegraphed for days that he was going to make the accusations against the former president a part of his White House campaign. It was a strategy he raised in his taped apology, posted hours after Friday’s leak of the video from 2005 that has rocked his campaign and caused dozens of Republican lawmakers to abandon their support of his candidacy.

Trump refused to take questions when he appeared with Paula Jones, Juanita Broaddrick and Kathleen Willey at the St. Louis hotel where he was preparing for the debate with Democrat Hillary Clinton. The meeting was posted on his Facebook page. The four women also were invited by Trump to watch the debate inside the debate hall.

“Mr. Trump may have said some bad words, but Bill Clinton raped me and Hillary Clinton threatened me,” Broaddrick said. “I don’t think there’s any comparison.”

Broaddrick, a former Arkansas nursing home administrator, first claimed 17 years ago that Bill Clinton raped her during a meeting in Little Rock in 1978. She sued Bill Clinton in 1999; the case was dismissed in 2001. A Twitter account that claimed to be that of Broaddrick revived the allegations on Saturday and was retweeted by Trump. Bill Clinton has long denied her account.

Jones, a former Arkansas state worker, alleged in 1991 that Bill Clinton propositioned and exposed himself to her. In 1994, she filed a sexual harassment lawsuit against him. Bill Clinton’s lawyers tried to have the suit dismissed. In November 1998, he paid Jones $850,000 to settle the case without apologizing or acknowledging culpability.

“I think they should all look at the fact that (Trump) is a good person,” Jones said. “He’s not what other people have been saying he’s been, like Hillary. He’s going to make America great again.”

Willey, a former White House volunteer, is using a website to again accuse Bill Clinton of forcing himself on her in 1993. He denied her charge and an independent prosecutor later concluded there was no evidence to doubt that denial.

Kathy Shelton, a fourth woman who appeared with Trump at the hotel conference room, was an Arkansas sexual assault victim whose assailant was defended by Hillary Clinton.

In 1975, at age 12, Shelton was sexually assaulted in northwest Arkansas. Clinton was asked by a judge overseeing the case to represent Shelton’s alleged attacker. After the prosecution lost key evidence, Clinton’s client entered a plea to a lesser charge. In an interview a decade later, Clinton expressed horror at the crime, but was recorded on tape laughing about procedural details of the case. The audio has been seized on by conservative groups looking to attack Clinton’s presidential candidacy.

On Friday, The Washington Post and NBC released a video of Trump, unaware he was on a hot microphone, suggesting that he forced himself on women to “grab them by the p—-” and that “when you’re a star, they let you do it. You can do anything.”

The comments have prompted a number of prominent Republicans to un-endorse the celebrity businessman.

http://hosted.ap.org/dynamic/stories/U/US_CAMPAIGN_2016_DEBATE_TRUMP?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2016-10-09-22-07-58

Trump recorded having extremely lewd conversation about women in 2005

October 8 at 12:44 AM
Donald Trump bragged in vulgar terms about kissing, groping and trying to have sex with women during a 2005 conversation caught on a hot microphone, saying that “when you’re a star, they let you do it,” according to a video obtained by The Washington Post.

The video captures Trump talking with Billy Bush, then of “Access Hollywood,” on a bus with the show’s name written across the side. They were arriving on the set of “Days of Our Lives” to tape a segment about Trump’s cameo on the soap opera.

Late Friday night, following sharp criticism by Republican leaders, Trump issued a short video statement saying, “I said it, I was wrong, and I apologize.” But he also called the revelation “a distraction from the issues we are facing today.” He said that his “foolish” words are much different than the words and actions of Bill Clinton, whom he accused of abusing women, and Hillary Clinton, whom he accused of having “bullied, attacked, shamed and intimidated his victims.”

“I’ve never said I’m a perfect person, nor pretended to be someone that I’m not. I’ve said and done things I regret, and the words released today on this more than a decade-old video are one of them. Anyone who knows me knows these words don’t reflect who I am,” Trump said.

In an apparent response to Republican critics asking him to drop out of the race, he said: “We will discuss this more in the coming days. See you at the debate on Sunday.”

Donald Trump releases statement about vulgar 2005 recording

Republican presidential nominee Donald Trump released a video statement saying comments from a 2005 video in which he bragged about groping women emerged “don’t reflect” who he is. (Donald J. Trump)

The tape includes audio of Bush and Trump talking inside the bus, as well as audio and video once they emerge from it to begin shooting the segment.

In that audio, Trump discusses a failed attempt to seduce a woman, whose full name is not given in the video.

“I moved on her, and I failed. I’ll admit it,” Trump is heard saying. It was unclear when the events he was describing took place. The tape was recorded several months after he married his third wife, Melania.

“Whoa,” another voice said.

“I did try and f— her. She was married,” Trump says.

Trump continues: “And I moved on her very heavily. In fact, I took her out furniture shopping. She wanted to get some furniture. I said, ‘I’ll show you where they have some nice furniture.’”

“I moved on her like a bitch, but I couldn’t get there. And she was married,” Trump says. “Then all of a sudden I see her, she’s now got the big phony tits and everything. She’s totally changed her look.”

At that point in the audio, Trump and Bush appear to notice Arianne Zucker, the actress who is waiting to escort them into the soap-opera set.

“Your girl’s hot as s—, in the purple,” says Bush, who’s now a co-host of NBC’s “Today” show.

“Whoa!” Trump says. “Whoa!”

“I’ve got to use some Tic Tacs, just in case I start kissing her,” Trump says. “You know I’m automatically attracted to beautiful — I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait.”

“And when you’re a star, they let you do it,” Trump says. “You can do anything.”

“Whatever you want,” says another voice, apparently Bush’s.

“Grab them by the p—y,” Trump says. “You can do anything.”

A spokeswoman for NBC Universal, which produces and distributes “Access Hollywood,” declined to comment.

“This was locker-room banter, a private conversation that took place many years ago. Bill Clinton has said far worse to me on the golf course — not even close,” Trump said in a statement. “I apologize if anyone was offended.”

Billy Bush, in a statement released by NBC Universal, said: “Obviously I’m embarrassed and ashamed. It’s no excuse, but this happened eleven years ago — I was younger, less mature, and acted foolishly in playing along. I’m very sorry.”

After the video appeared online Friday afternoon, Democratic nominee Hillary Clinton wrote on Twitter: “This is horrific. We cannot allow this man to become president.” Her running mate, Sen. Tim Kaine (Va.), told reporters, “It makes me sick to my stomach,” while campaigning in Las Vegas.

Planned Parenthood Action Fund, which has endorsed Clinton, issued a statement from Executive Vice President Dawn Laguens saying: “What Trump described in these tapes amounts to sexual assault.”

Trump was also criticized by members of his own party. House Speaker Paul D. Ryan, who said he is “sickened” by Trump’s comments, said the Republican presidential candidate will no longer appear with him at a campaign event in Wisconsin on Saturday.

“Women are to be championed and revered, not objectified. I hope Mr. Trump treats this situation with the seriousness it deserves and works to demonstrate to the country that he has greater respect for women than this clip suggests,” Ryan said in a statement.

In a short statement issued moments after Ryan’s, Trump said his running mate, Indiana Gov. Mike Pence, “will be representing me” at the Wisconsin event.

Sen. Kelly Ayotte (N.H.), who is running for reelection and has said she will vote for Trump, called his comments “totally inappropriate and offensive.”

Republican National Committee Chairman Reince Priebus, who has stood by Trump uncritically through numerous controversies, said in a statement: “No woman should ever be described in these terms or talked about in this manner. Ever.”

Former presidential candidate Mitt Romney, a Trump critic, said in a statement: “Hitting on married women? Condoning assault? Such vile degradations demean our wives and daughters and corrupt America’s face to the world.”

Senate Majority Leader Mitch McConnell (R-Ky.) said the comments are “repugnant, and unacceptable in any circumstance” and made clear Trump’s brief statement would not suffice.

“As the father of three daughters, I strongly believe that Trump needs to apologize directly to women and girls everywhere, and take full responsibility for the utter lack of respect for women shown in his comments on that tape,” he said late Friday.

One of Trump’s most prominent social-conservative supporters, Tony Perkins of the Family Research Council, told BuzzFeed’s Rosie Gray: “My personal support for Donald Trump has never been based upon shared values.”

Trump’s running mate, Pence, was at a diner in Toledo when the news broke — about to view the diner’s collection of signed cardboard hot-dog buns, which includes one signed by Trump. But the reporters traveling with Pence were quickly ushered out of the diner by campaign staff, before they could ask Trump’s running mate about it, according to Politico. Politico reported that the journalists, traveling in Pence’s “protective pool,” were not permitted to film Pence as he left the diner.

The tape appears at a time when Trump, the Republican presidential nominee, has sought to make a campaign issue out of his opponent’s marriage. Trump has criticized former president Bill Clinton for his past infidelity and criticized opponent Hillary Clinton as her husband’s “enabler.”

“Hillary Clinton was married to the single greatest abuser of women in the history of politics,” Trump told the New York Times in a recent interview. “Hillary was an enabler, and she attacked the women who Bill Clinton mistreated afterward. I think it’s a serious problem for them, and it’s something that I’m considering talking about more in the near future.”

Trump carried on a very public affair with Marla Maples — his eventual second wife — while still married to first wife Ivana Trump.

Trump has been criticized in this campaign for derogatory and lewd comments about women, including some made on TV and live radio. In an interview Wednesday with KSNV, a Las Vegas television station, Trump said that those comments were made for entertainment.

“A lot of that was done for the purpose of entertainment. There’s nobody that has more respect for women than I do,” he told the station.

“Are you trying to tone it down now?” asked the interviewer, Jim Snyder.

“It’s not a question of trying, it’s very easy,” Trump said.

The tape obtained by The Post seems to have captured Trump in a private moment, with no audience beyond Bush and a few others on the bus. It appears to have been shot around Sept. 16, 2005, which was the day media reports said Trump would tape his soap-opera cameo.

The video shows the bus carrying Trump and Bush turning down a street on the studio back lot. The two men cannot be seen.

“Oh, nice legs, huh?” Trump says.

“Oof, get out of the way, honey,” Bush says, apparently referencing somebody else blocking the view of Zucker.

The two men then exit the bus and greet Zucker.

“We’re ready, let’s go,” Trump says, after the initial greetings. “Make me a soap star.”

“How about a little hug for the Donald?” Bush says. “He just got off the bus.”

“Would you like a little hug, darling?” Zucker says.

“Absolutely,” Trump says. As they embrace, and air-kiss, Trump says, “Melania said this was okay.”

The video then follows Trump, Bush and Zucker into the studio. Trump did appear on “Days of Our Lives” in late October. In a tape of that cameo posted online, Zucker’s character asks Trump — playing himself — for a job at his business, and tells him suggestively, “I think you’ll find I’m a very willing employee. Working under you, I think, could be mutually beneficial.”

Trump’s character gives her the brushoff.

“That’s an interesting proposition,” Trump says on-screen. “I’ll get back to you.”

A publicist for Zucker did not immediately respond to questions on Friday afternoon.

https://www.washingtonpost.com/politics/trump-recorded-having-extremely-lewd-conversation-about-women-in-2005/2016/10/07/3b9ce776-8cb4-11e6-bf8a-3d26847eeed4_story.html

Story 3: Guilty As Sin — Hillary Clinton — Verdict Announced On Election Day —  Videos

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20191004 – Fox and Friends – Ed Klein – “Guilty as Sin” (Clinton Corruption)

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Story 4: Back To The Issues The American People Care About? The Economy, Jobs/Unemployment, Federal Budget Deficits/National Debt, Affordable Health Care Insurance, Social Security,  National Security, Terrorism, Illegal Alien Invasion of United States, Education, Abortion, Crime/Violence, Wages, Inflation and Taxes! 

Trend: What do you think is the most important problem facing this country today? (open-ended) Percentage mentioning economic issues

Trend: What do you think is the most important problem facing this country today? (open-ended)

http://www.gallup.com/poll/1675/most-important-problem.aspx

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The Pronk Pops Show 769, October 5, 2016, Part 1 of 2: Story 1: Leader and Winner Mild Mannered Mike Pence vs. Follower and Loser Crude Rude Tim Kaine — Videos

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Part 1 of 2: Story 1: Leader and Winner Mild Mannered Mike Pence vs. Follower and Loser Crude Rude Tim Kaine — Videos</