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

Posted on June 21, 2017. Filed under: American History, Banking System, Blogroll, Breaking News, Budgetary Policy, China, College, Congress, Corruption, Countries, Donald J. Trump, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Economics, Education, Employment, Energy, Fiscal Policy, Foreign Policy, Government, Government Dependency, Government Spending, Health Care, Health Care Insurance, History, House of Representatives, Human, Illegal Immigration, Immigration, Independence, Investments, Japan, Language, Law, Legal Immigration, Life, Media, Medicare, News, Nuclear Weapons, People, Philosophy, Photos, Politics, Polls, President Trump, Pro Life, Progressives, Radio, Raymond Thomas Pronk, Regulation, Russia, Security, Senate, Social Security, Spying, Success, Surveillance and Spying On American People, Tax Policy, Taxation, Taxes, Technology, Terror, Terrorism, Trade Policy, United States of America, Videos, Violence, Wall Street Journal, War, Wealth, Welfare Spending, Wisdom | Tags: , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

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

Image result for trump tax reform

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

Image result for the fairtaxImage result for the fairtax

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

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

Will Republicans unite to pass health care and tax reform?

Ryan: ‘We’re going to cut taxes’

Treasury Secretary Steven Mnuchin On Tax Reform, Debt | CNBC

Ron Paul on Paul Ryan’s tax reform plan

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Tax reform coming this year – Paul Ryan

Trump ‘much closer’ on tax reform: Tony Sayegh

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

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

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

Senate tight on time to pass health care bill

Gingrich talks Trump’s plan to focus on tax reform

What is the FairTax legislation?

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

Pence on the Fair Tax

Freedom from the IRS! – FairTax Explained in Detail

FairTax: Fire Up Our Economic Engine (Official HD)

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

Sen. Moran Speaks on Senate Floor about Finding Healthcare Solutions

Health care vote possible by July 4, McConnell tells Trump

Story highlights

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

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

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

Sticking points: Medicaid, tax credits

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

Freedom Caucus crafting tax reform plan

05/04/2017 05:21 PM EDT

Updated 05/04/2017 08:08 PM EDT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How to solve the illegal immigration problem

Donald Trump on Immigration – Does He Favor An Amnesty?

Trump’s Touchback amnesty explained by Marc Thiessen

Rep Steve King discusses Trump’s touchback amnesty

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

Trump Breaks MAJOR Campaign Promise By Backing DACA Amnesty Program

The Future of DACA and Dreamers still uncertain under President Trump

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

Trump just revoked an Obama amnesty program for illegal aliens

Trump Admin Rescinds DAPA Amnesty Program

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

Trump goes back on promise to ‘terminate’ DACA

This is what’s going on with DAPA and DACA

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

Trump’s Stance on DACA Has Immigration Hardliners Concerned

Ann Coulter: Trump better keep his promises

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

Ann Coulter Argues Eloquently Against Destroying America With Immigrants

Ann Coulter vs. media myths on immigration

Laura Ingraham – Analysis of illegal immigrants crossing the border

Published on Jun 2, 2015

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

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

Immigration by the Numbers — Off the Charts

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

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

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

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

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

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

1. What did the Trump administration just do?

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

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

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

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

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

3. Is this a victory for immigrant rights activists?

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

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

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

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

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

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

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

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

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

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

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

In a word, no.

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

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

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

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

He flips. He flops.

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

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

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

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

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

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

Wait. What changed?

Jim Jamitis

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Deferred Action for Childhood Arrivals

From Wikipedia, the free encyclopedia

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

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

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

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

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

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

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

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

History

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

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

Republican response

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

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

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

Implementation

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

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

Eligibility

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

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

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

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

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

Travel eligibility

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

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

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

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

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

Renewals

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

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

Expansion

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

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

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

Impact

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

State responses]

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

California

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

Arizona

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

Maryland

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

Illinois

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

Texas

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

Nebraska

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

Michigan

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

North Carolina

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

Virginia

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

See also

References

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

War of Words on Special Counsel Mueller Hires 13 Lawyers.

Out of Control Investigations. Alan Dershowitz!

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

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

Trey Gowdy Questions Fmr Sec of DHS Jeh Johnson!

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

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

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

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

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

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

By Andrew C. McCarthy| June 21, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

About the Author:

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

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The Pronk Pops Show 914, June 19, 2017, Story 1: Otto Warmbier Died After Being Released From North Korea in A Coma — Videos — Story 2: Time For Strategic Patience Is Over — Take Out The Korean Dictator, Missiles, Nuclear Bomb Facilities, Artillery and Rocket Launchers In Range of South Korea — Regularly Planned and Scheduled War — Videos — Story 3: U.S. Navy F-18 Fighter Shoots Down Syrian SU -22 Fighter Over Raqqa, Syria After U.S. Allies On Ground Bombed– Russia Warns U.S. Planes Will Be Considered Targets — Videos — Story 4: Interventionist Foreign Policy of Progressive Democrats and Republicans (Neocons) Projecting Power of American Empire — No War Ever Declared Or American People Consulted — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

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Story 1: Otto Warmbier Died After Being Released From North Korea in A Coma — Videos

GLOBALNEWS: North Korea Invites More Western Tourists To Visit Days After Sending One Home In A Coma

Trump administration weighs options after Warmbier death

Should the US retaliate against North Korea for the death of Otto Warmbier?

HOT NEWS: Lt. Col. Tony Shaffer Drops A BOMB And Reveals Real Reason Otto Warmbier Died- This is BIG

North Korea ‘murdered’ Otto Warmbier: Gen. Keane

Family announces Otto Warmbier has died

Otto Warmbier’s Dad Destroys Obama With 5 Words After Trump Brings His Son Home From N. Korea

Father of Otto Warmbier give a press conference and questions following the release of his son, now

‘North Korea Crossed the Line’ | Tucker Carlson Interviews Otto Warmbier’s Father

Doctors update public on Otto Warmbier’s health

North Korea releases American in a coma

Dr. Siegel: Very unlikely Otto Warmbier will ever wake up

Otto Warmbier, Just released from North Korea, Has Died! # 2

Otto Warmbier, American student held in North Korea, dead at 22, family says

American Doctors Examine Otto Warmbier – They JUST Found Something SHOCKING!

Man in vegetative state for 12 years wakes up to tell remarkable story || Full story

Vegetative State

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Otto Warmbier has died, hospital says

CINCINNATI — Otto Warmbier has died, University of Cincinnati Medical Center announced Monday.

Warmbier died at 2:20 p.m. Monday, days after he was released from captivity in North Korea.

In a statement, family members said Warmbier had been unable to speak, see or react to verbal commands since his return to Cincinnati June 13.

“He looked very uncomfortable – almost anguished,” family members said. “Although we would never hear his voice again, within a day the countenance of his face changed – he was at peace. He was home and we believe he could sense that.”

Family members thanked the hospital’s staff for the care they provided Warmbier but said ” the awful torturous mistreatment our son received at the hands of the North Koreans ensured that no other outcome was possible beyond the sad one we experienced today.”

“It would be easy at a moment like this to focus on all that we lost – future time that won’t be spent with a warm, engaging, brilliant young man whose curiosity and enthusiasm for life knew no bounds,” the family said. “But we choose to focus on the time we were given to be with this remarkable person. You can tell from the outpouring of emotion from the communities that he touched – Wyoming, Ohio and the University of Virginia to name just two – that the love for Otto went well beyond his immediate family.”

Check back for more on this breaking story.

Sodium thiopental

From Wikipedia, the free encyclopedia
Sodium thiopental
Sodium thiopental.svg
Sodium-thiopental-3D-vdW-2.png
Clinical data
AHFS/Drugs.com Monograph
Routes of
administration
Intravenous (most common), oral or rectal
ATC code
Legal status
Legal status
Pharmacokinetic data
Biological half-life 5.5[1]-26 hours[2]
Identifiers
CAS Number
  • 71-73-8 Yes (sodium salt)
    76-75-5 (free acid)
PubChem CID
DrugBank
ChemSpider
UNII
KEGG
ChEBI
ChEMBL
ECHA InfoCard 100.000.896
Chemical and physical data
Formula C11H17N2NaO2S
Molar mass 264.32 g/mol
3D model (Jmol)
Chirality Racemic mixture
 Yes (what is this?)  (verify)

Sodium thiopental, also known as Sodium Pentothal (a trademark of Abbott Laboratories, not to be confused with pentobarbital), thiopental, thiopentone, or Trapanal (also a trademark), is a rapid-onset short-acting barbiturate general anesthetic that is an analogue of thiobarbital. Sodium thiopental was a core medicine in the World Health Organization‘s “Essential Drugs List“, which is a list of minimum medical needs for a basic healthcare system, but was supplanted by propofol.[3] It was previously the first of three drugs administered during most lethal injections in the United States, but the U.S. manufacturer Hospira stopped manufacturing the drug and the EU banned the export of the drug for this purpose.[4]

Uses

Anesthesia

Sodium thiopental is an ultra-short-acting barbiturate and has been used commonly in the induction phase of general anesthesia. Its use has been largely replaced with that of propofol, but retains popularity as an induction agent for rapid sequence intubation and in obstetrics.[citation needed] Following intravenous injection, the drug rapidly reaches the brain and causes unconsciousness within 30–45 seconds. At one minute, the drug attains a peak concentration of about 60% of the total dose in the brain. Thereafter, the drug distributes to the rest of the body, and in about 5–10 minutes the concentration is low enough in the brain that consciousness returns.[citation needed]

A normal dose of sodium thiopental (usually 4–6 mg/kg) given to a pregnant woman for operative delivery (caesarian section) rapidly makes her unconscious, but the baby in her uterus remains conscious. However, larger or repeated doses can depress the baby.[5]

Sodium thiopental is not used to maintain anesthesia in surgical procedures because, in infusion, it displays zero-order elimination kinetics, leading to a long period before consciousness is regained. Instead, anesthesia is usually maintained with an inhaled anesthetic (gas) agent. Inhaled anesthetics are eliminated relatively quickly, so that stopping the inhaled anesthetic will allow rapid return of consciousness. Sodium thiopental would have to be given in large amounts to maintain an anesthetic plane, and because of its 11.5- to 26-hour half-life, consciousness would take a long time to return.[6]

In veterinary medicine, sodium thiopental is used to induce anesthesia in animals. Since it is redistributed to fat, certain lean breeds of dogs such as sight hounds will have prolonged recoveries from sodium thiopental due to their lack of body fat and their lean body mass. Conversely, obese animals will have rapid recoveries, but it will be some time[vague] before it is entirely removed (metabolized) from their bodies. Sodium thiopental is always administered intravenously, as it can be fairly irritating; severe tissue necrosis and sloughing can occur if it is injected incorrectly into the tissue around a vein.[citation needed]

Sodium thiopental decreases the cardiac stroke volume, which results in a decrease in cardiac output. The decrease in cardiac output occurs in conjunction with a decrease in systemic vascular resistance, which results in hypotension. However, in comparison with propofol, the reflex tachycardia seen during states of hypotension is relatively spared (a bradycardia is common after administration of propofol) and therefore the observed fall in blood pressure is generally less severe.

Medically induced coma

In addition to anesthesia induction, sodium thiopental was historically used to induce medical comas.[7] It has now been superseded by drugs such as propofol because their effects wear off more quickly than thiopental. Patients with brain swelling, causing elevation of intracranial pressure, either secondary to trauma or following surgery, may benefit from this drug. Sodium thiopental, and the barbiturate class of drugs, decrease neuronal activity and therefore decrease the production of osmotically active metabolites, which in turn decreases swelling. Patients with significant swelling have improved outcomes following the induction of coma. Reportedly, thiopental has been shown to be superior to pentobarbital in reducing intracranial pressure.[8] This phenomenon is also called a reverse steal effect.[citation needed]

Status epilepticus

In refractory status epilepticus, thiopental may be used to terminate a seizure.

Euthanasia

Sodium thiopental is used intravenously for the purposes of euthanasia. In both Belgium and the Netherlands, where active euthanasia is allowed by law, the standard protocol recommends sodium thiopental as the ideal agent to induce coma, followed by pancuronium bromide.[9]

Intravenous administration is the most reliable and rapid way to accomplish euthanasia. A coma is first induced by intravenous administration of 20 mg/kg thiopental sodium (Nesdonal) in a small volume (10 ml physiological saline). Then, a triple dose of a non-depolarizing neuromuscular blocking drug is given, such as 20 mg pancuronium bromide (Pavulon) or 20 mg vecuronium bromide (Norcuron). The muscle relaxant should be given intravenously to ensure optimal availability but pancuronium bromide may be administered intramuscularly at an increased dosage level of 40 mg.[9]

Lethal injection

Along with pancuronium bromide and potassium chloride, thiopental is used in 34 states of the U.S. to execute prisoners by lethal injection. A very large dose is given to ensure rapid loss of consciousness. Although death usually occurs within ten minutes of the beginning of the injection process, some have been known to take longer.[10] The use of sodium thiopental in execution protocols was challenged in court after a study in the medical journal The Lancet reported autopsies of executed inmates showed the level of thiopental in their bloodstream was insufficient to cause unconsciousness.

On December 8, 2009, the State of Ohio became the first to use a single dose of sodium thiopental for its capital execution, following the failed use of the standard three-drug cocktail during a recent execution, due to inability to locate suitable veins. Kenneth Biros was executed using the single-drug method.[11]

The state of Washington is now the second state in the U.S. to use the single-dose sodium thiopental injections for death penalty executions. On September 10, 2010, Cal Coburn Brown was executed. This was the first execution in the state to use a single dose, single drug injection. His death was pronounced approximately one and a half minutes after the intravenous administration of five grams of the drug.[12]

After its use for execution of Jeffrey Landrigan in the U.S., the UK introduced a ban on the export of sodium thiopental in December 2010,[13] after it was established that no European supplies to the U.S. were being used for any other purpose.[14] The restrictions were based on “the European Union Torture Regulation (including licensing of drugs used in execution by lethal injection)”.[15] From 21 December 2011 the European Union extended trade restrictions to prevent the export of certain medicinal products for capital punishment, stating that “the Union disapproves of capital punishment in all circumstances and works towards its universal abolition”.[16]

Truth serum

Thiopental (Pentothal) is still used in some places as a truth serum to weaken the resolve of a subject and make them more compliant to pressure.[17] The barbiturates as a class decrease higher cortical brain functioning. Some psychiatrists hypothesize that because lying is more complex than telling the truth, suppression of the higher cortical functions may lead to the uncovering of the truth. The drug tends to make subjects loquacious and cooperative with interrogators; however, the reliability of confessions made under thiopental is questionable.[18] “Sodium pentathol” as a truth serum has become a trope in films, comics and literature, and even appears in popular music.[19]

Psychiatry

Psychiatrists have used thiopental to desensitize patients with phobias,[20] and to “facilitate the recall of painful repressed memories.”[21] One psychiatrist who worked with thiopental is the Dutch Professor Jan Bastiaans, who used this procedure to help relieve trauma in surviving victims of the Holocaust.[22]

Mechanism of action

Sodium thiopental is a member of the barbiturate class of drugs, which are relatively non-selective compounds that bind to an entire superfamily of ligand-gated ion channels, of which the GABAA receptor channel is one of several representatives. This superfamily of ion channels includes the neuronal nAChR channel, the 5HT3R channel, the GlyR channel and others. Surprisingly, while GABAA receptor currents are increased by barbiturates (and other general anesthetics), ligand-gated ion channels that are predominantly permeable for cationic ions are blocked by these compounds. For example, neuronal nAChR channels are blocked by clinically relevant anesthetic concentrations of both sodium thiopental and pentobarbital.[23] Such findings implicate (non-GABA-ergic) ligand-gated ion channels, e.g. the neuronal nAChR channel, in mediating some of the (side) effects of barbiturates.[24]The GABAA receptor is an inhibitory channel that decreases neuronal activity, and barbiturates enhance the inhibitory action of the GABAA receptor.[25]

Controversies

Following a shortage that led a court to delay an execution in California, a company spokesman for Hospira, the sole American manufacturer of the drug, objected to the use of thiopental in lethal injection. “Hospira manufactures this product because it improves or saves lives, and the company markets it solely for use as indicated on the product labeling. The drug is not indicated for capital punishment and Hospira does not support its use in this procedure.”[26] On January 21, 2011, the company announced that it would stop production of sodium thiopental from its plant in Italy because Italian authorities couldn’t guarantee that exported quantities of the drug would not be used in executions. Italy was the only viable place where the company could produce sodium thiopental, leaving the United States without a supplier.[27]

Metabolism

Thiopental rapidly and easily crosses the blood brain barrier as it is a lipophilic molecule. As with all lipid-soluble anaesthetic drugs, the short duration of action of sodium thiopental is due almost entirely to its redistribution away from central circulation towards muscle and fat tissue, due to its very high fat:water partition coefficient (aprx 10), leading to sequestration in fat tissue. Once redistributed, the free fraction in the blood is metabolized in the liver. Sodium thiopental is mainly metabolized to pentobarbital,[28] 5-ethyl-5-(1′-methyl-3′-hydroxybutyl)-2-thiobarbituric acid, and 5-ethyl-5-(1′-methyl-3′-carboxypropyl)-2-thiobarbituric acid.[29]

Dosage

The usual dose range for induction of anesthesia using thiopental is from 3 to 6 mg/kg; however, there are many factors that can alter this. Premedication with sedatives such as benzodiazepines or clonidine will reduce requirements, as do specific disease states and other patient factors. Among patient factors are: age, sex, and lean body mass. Specific disease conditions that can alter the dose requirements of thiopentone and for that matter any other intravenous anaesthetic are: hypovolemia, burns, azotemia, hepatic failure, hypoproteinemia, etc.[citation needed]

Side effects

As with nearly all anesthetic drugs, thiopental causes cardiovascular and respiratory depression resulting in hypotension, apnea and airway obstruction. For these reasons, only suitably trained medical personnel should give thiopental in an environment suitably equipped to deal with these effects. Side effects include headache, agitated emergence, prolonged somnolence, and nausea. Intravenous administration of sodium thiopental is followed instantly by an odor and/or taste sensation, sometimes described as being similar to rotting onions, or to garlic. The hangover from the side effects may last up to 36 hours.

Although individual molecules of thiopental contain one sulfur atom, it is not a sulfonamide, and does not show allergic reactions of sulfa/sulpha drugs.

Contraindications

Thiopental should be used with caution in cases of liver disease, Addison’s disease, myxedema, severe heart disease, severe hypotension, a severe breathing disorder, or a family history of porphyria.[30][31]

Co-administration of pentoxifylline and thiopental causes death by acute pulmonary edema in rats. This pulmonary edema was not mediated by cardiac failure or by pulmonary hypertension but was due to increased pulmonary vascular permeability.[32]

History

Sodium thiopental was discovered in the early 1930s by Ernest H. Volwiler and Donalee L. Tabern, working for Abbott Laboratories. It was first used in human beings on March 8, 1934, by Dr. Ralph M. Waters[33] in an investigation of its properties, which were short-term anesthesia and surprisingly little analgesia.[34] Three months later,[35] Dr. John S. Lundy started a clinical trial of thiopental at the Mayo Clinic at the request of Abbott.[36]Abbott continued to make the drug until 2004, when it spun off its hospital-products division as Hospira.

Thiopental is famously associated with a number of anesthetic deaths in victims of the attack on Pearl Harbor. These deaths, relatively soon after the drug’s introduction, were said to be due to excessive doses given to shocked trauma patients. However, recent evidence available through freedom of information legislation was reviewed in the British Journal of Anaesthesia,[37] which has suggested that this story was grossly exaggerated. Of the 344 wounded that were admitted to the Tripler Army Hospital only 13 did not survive and it is unlikely that thiopentone overdose was responsible for more than a few of these.

Thiopental is still rarely used as a recreational drug, usually stolen from veterinarians or other legitimate users of the drug; however, more common sedatives such as benzodiazepines are usually preferred as recreational drugs, and abuse of thiopental tends to be uncommon and opportunistic.[citation needed]

See also

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

Story 2: Time For Strategic Patience Is Over — Take Out The Korean Dictator, Missiles, Nuclear Bomb Facilities, Artillery and Rocket Launchers In Range of South Korea — Regularly Planned and Scheduled War — Videos

FRIEDMAN: US Attack on North Korea is Imminent

Crisis & Chaos: Are We Moving Toward World War III?

Inside North Korea’s Special Forces: The North Korea Nightmare

[News – Live] ‘China must be prepared to TOPPLE Kim Jong-un or WE’LL do it’, former US chief claim

A North Korean Mystery: Where Did Its Rockets and Missiles Come From?

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US ATTACK ON NORTH KOREA IS IMMINENT

U.S. defense secretary Mattis says war with North Korea would be “catastrophic”

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Special: Attack Weapons on USS Ford Carrier

North Korea: 4th US Aircraft Carrier Joining the 3 Carriers Already in War Zone!

Show of Force: The US Deploys Third Aircraft Carrier to North Korea

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Russia & China Warn USA: DO NOT use military force against N.Korea-China warns WW3 inevitable!

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WHY U.S. WILL NEVER ATTACK NORTH KOREA?

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Why Did America Fight the Korean War?

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Russia warning after US shoots down Syrian jet

The Breathtaking Incoherence of American Foreign Policy as to North Korea and Syria

Story 3: U.S. Navy F-18 Fighter Shoots Down Syrian SU -22 Fighter Over Raqqa, Syria After U.S. Allies On Ground Bombed– Russia Warns U.S. Planes Will Be Considered Targets — Videos

RED ALERT! U.S. Army Chief Threatens War With Russia – china and North Korea

US Navy fighter jet shoots down Syrian warplane

US Navy Fighter shoots down Syrian Warplane over Syria

NEWS ALERT – Syrian warplane shot down by US-led coalition

Russia Vows to Shoot Down Any Aircraft West of Euphrates River

U.S. Warplane Shoots Down Syrian Army Jet, Russia Threatens to Target U.S. Aircraft

Bombshell ‘Army Readiness is at 30% ‘U.S. Army Chief of Staff

‘Extremely Lethal and Fast’ Army Warns Future War with Russia/China

US Shoots Down Syrian Jet, Russia Threatens to Track and Attack Anything West of Euphrates

Russia to treat US jets in Syria as ‘targets’ after America guns down first regime warplane

Communication channel between Washington and Moscow to be suspended immediately

Russia has said it will treat US warplanes operating in parts of Syria where its air forces are also present as “targets” amid a diplomatic row caused by the downing of a Syrian jet.

The country’s defence ministry said it would track US-led coalition aircraft with missile systems and military aircraft, but stopped short of saying it would shoot them down.

A hotline set up between Russia and the US to prevent mid-air collisions will also be suspended.

“All kinds of airborne vehicles, including aircraft and UAVs of the international coalition detected to the west of the Euphrates River will be tracked by the Russian SAM systems as air targets,” the Russian Defence Ministry said in a statement.

The warning comes after a US F-18 Super Hornet shot down a Syrian army SU-22 jet on Sunday in the countryside southwest of Raqqa – the first such downing of a Syrian jet by the US since the start of the country’s civil war in 2011.

Washington said the jet had dropped bombs near US-backed forces but Damascus said the plane was downed while flying a mission against Isis militants.

Russia’s defence ministry said the suspension of its communication line with the Americans would begin immediately.

The US did not use its hotline with Russia ahead of the downing of the Syrian government warplane, said the ministry, which accused the US of a “deliberate failure to make good on its commitments” under the deconfliction deal.

“The shooting down of a Syrian Air Force jet in Syria’s airspace is a cynical violation of Syria’s sovereignty,” the ministry said.

“The US’ repeated combat operations under the guise of ‘combating terrorism’ against the legitimate armed forces of a UN member-country are a flagrant violation of international law and an actual military aggression against the Syrian Arab Republic.”

Theresa May appealed to Russia to continue the use of “deconfliction” measures over the skies of Syria to reduce the risk of misunderstandings in what is a crowded airspace.

Russia, which has been providing air cover for Syria’s President, Bashar al-Assad, since 2015, has an agreement with the US aimed at preventing incidents involving either country’s warplanes engaged in operations in Syria.

Downing the jet was akin to “helping the terrorists that the US is fighting against”, Sergei Ryabkov, Russia’s deputy foreign minister, said.

A statement released by US Central Command on Sunday said the Syrian jet was “immediately shot down… in accordance with rules of engagement and in collective self-defence of Coalition partnered forces”.

“The Coalition’s mission is to defeat Isis in Iraq and Syria. The Coalition does not seek to fight Syrian regime, Russian, or pro-regime forces partnered with them, but will not hesitate to defend Coalition or partner forces from any threat,” it added.

“The Coalition presence in Syria addresses the imminent threat Isis in Syria poses globally. The demonstrated hostile intent and actions of pro-regime forces toward Coalition and partner forces in Syria conducting legitimate counter-Isis operations will not be tolerated.”

Tensions rise in Syria as Russia, Iran send US warnings

By BASSEM MROUE and NATALIYA VASILYEVA, Associated PressTHE ASSOCIATED PRESS STATEMENT OF NEWS VALUES AND PRINCIPLES

(AP) — Russia on Monday threatened aircraft from the U.S.-led coalition in Syrian-controlled airspace and suspended a hotline intended to avoid collisions in retaliation for the U.S. military shooting down a Syrian warplane.

The U.S. said it had downed the Syrian jet a day earlier after it dropped bombs near the U.S.-backed Syrian Democratic Forces conducting operations against the Islamic State group, adding that was something it would not tolerate.

The downing of the warplane — the first time in the six-year conflict that the U.S. has shot down a Syrian jet — came amid another first: Iran fired several ballistic missiles Sunday night at IS positions in eastern Syria in what it said was a message to archrival Saudi Arabia and the United States.

The developments added to already-soaring regional tensions and reflect the intensifying rivalry among the major players in Syria’s civil war that could spiral out of control just as the fight against the Islamic State group in its stronghold of Raqqa is gaining ground.

Russia, a key ally of Syrian President Bashar Assad, called on the U.S. military to provide a full accounting as to why it decided to shoot down the Syrian Su-22 bomber.

The U.S. military confirmed that one of its F-18 Super Hornets shot down a Syrian jet that had dropped bombs near the U.S. partner forces SDF. Those forces, which are aligned with the U.S. in the campaign against the Islamic State group, warned Syrian government troops to stop their attacks or face retaliation.

The Russian Defense Ministry said in a statement that as of Monday, all coalition jets and drones flying west of the Euphrates River will be tracked as potential targets.

Areas of northern Syria west of the Euphrates were controlled by IS before Syrian government forces captured most of them in recent months. The Russians, who have been providing air cover for Assad’s forces since 2015, appear to want to avoid further U.S. targeting of Syrian warplanes or ground troops that have come under U.S. attack in eastern Syria recently.

It was the second time Russia suspended a hotline intended to minimize incidents with the U.S. in Syrian airspace. In April, Russia briefly suspended cooperation after the U.S. military fired 59 missiles at a Syrian air base following a chemical weapons attack that Washington blamed on the Assad government.

Gen. Joseph Dunford, chairman of the Joint Chiefs of Staff, said Washington is working to re-establish communications aimed at avoiding mishaps involving U.S. and Russian air operations in Syria.

Speaking in Washington, the top U.S. military officer said the two sides were in delicate discussions to lower tensions.

“The worst thing any of us could do right now is address this with hyperbole,” Dunford said.

Viktor Ozerov, chairman of the defense and security committee at the upper chamber of Russian parliament, described his Defense Ministry’s statement as a warning.

“I’m sure that because of this, neither the U.S. nor anyone else will take any actions to threaten our aircraft,” he told the state-owned RIA Novosti news agency. “That’s why there’s no threat of direct confrontation between Russia and American aircraft.”

Ozerov insisted that Russia will be tracking the coalition’s jets, not shooting them down, but he added that “a threat for those jets may appear only if they take action that pose a threat to Russian aircraft.”

Iran said the missile strike by its powerful Revolutionary Guard hit Syria’s eastern city of Deir el-Zour on Sunday night and was in retaliation for two attacks in Tehran earlier this month that killed 17 people and were claimed by the Islamic State group.

It appeared to be Iran’s first missile attack abroad in over 15 years and its first in the Syrian conflict, in which it has provided crucial support to Assad. The muscle-flexing comes amid the worsening of a long-running feud between Shiite powerhouse Iran and Saudi Arabia, with supports Syrian rebels and has led recent efforts to isolate the Gulf nation of Qatar.

“The Saudis and Americans are especially receivers of this message,” Gen. Ramazan Sharif of the Revolutionary Guard told Iranian state TV in an interview.

It also raised questions about how U.S. President Donald Trump’s administration, which had previously put Iran “on notice” for its ballistic missile tests, will respond. Israel also is concerned about Iran’s missiles and has deployed a multilayered missile-defense system.

The missile attack came amid recent confrontations in Syria between U.S.-backed forces and Iranian-backed pro-government factions. The U.S. recently deployed a truck-mounted missile system in Syria as Iranian-backed forces cut off the advance of the U.S.-supported rebels along the Iraqi border.

Iranian officials threatened more strikes. Former Guard chief Gen. Mohsen Rezai wrote on Twitter: “The bigger slap is yet to come.”

U.S.-backed opposition fighters said Assad’s forces have been attacking them in the northern province of Raqqa and warned that if such attacks continue, the fighters will take action.

Clashes between Syrian troops and the SDF would escalate tensions and open a new front line in the many complex battlefields of the civil war, now in its seventh year. Clashes between the Kurdish-led SDF and Syrian forces have been rare and some rebel groups have even accused them of coordinating on the battlefield.

Both sides are battling the Islamic State group, with SDF fighters focusing on their march into the northern city of Raqqa, which the extremist group has declared to be its capital.

Syrian government forces have also been attacking IS in northern, central and southern parts of the country, seizing 25,000 square kilometers (9,600 square miles) and reaching the Iraqi border for the first time in years.

SDF spokesman Talal Sillo said the government wants to thwart the SDF offensive to capture Raqqa. He said government forces began attacking the SDF on Saturday, using warplanes, artillery and tanks in areas that SDF had liberated from IS.

Sillo also warned that if “the regime continues in its offensive against our positions in Raqqa province, this will force us to retaliate with force.”

The Britain-based Syrian Observatory for Human Rights, which tracks Syria’s war, said government forces expanded their presence in Raqqa province by capturing from IS the town of Rasafa.

___

Vasilyeva reported from Moscow. Associated Press writers Nasser Karimi in Tehran and Jon Gambrell in Dubai, United Arab Emirates, contributed.

http://hosted2.ap.org/APDefault/*/Article_2017-06-19-Syria/id-371357b2c20e4aaa982d07da071a7f7a

Story 4: Interventionist Foreign Policy of Progressive Democrats and Republicans (Neocons) Projecting Power of American Empire — No War Ever Declared Or American People Consulted — Videos

Ron Paul – Neo-CONNED!

Should America be the World’s Policeman?

Ron Paul Americans Are Forced to Pay for U S Government’s Interventionist Foreign Policy

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CIA Covert Operations and U.S. Interventions Since World War II Full documentary

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Ron Paul explains he’s not an Isolationist

The Middle East Problem

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The Pronk Pops Show 912, June 15, 2017, Story 1: Part 2: Attorney General Sessions Questioned By Senators of Senate Intelligence Committee — Democratic Distractions and Delusions Concerning Collusion and Obstructions With No Evidence or Crime — Cover Story Conspiracy Theory Falling Apart – – Videos — Story 2: The Cover-up of The Real Crimes, Obstruction of Justice of Obama Administration. Hillary and Bill Clinton and Loretta Lynch — Time For Three More Special Prosecutors — Videos

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Story 1: Part 2: Attorney General Sessions Questioned By Senators of Senate Intelligence Committee — Democratic Distractions and Delusions Concerning Trump/Russian Collusion and Trump Obstruction With No Evidence or Crime — Cover Story Conspiracy Theory Fairy Tale Falling Apart – – Videos —

Jeff Sessions Testifies To Senate Intelligence Committee- Full Hearing

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Sessions calls suggestion he colluded with Russia a ‘detestable lie’

The attorney general also denies that he had a third undisclosed meeting with Russian ambassador Sergey Kislyak.

06/13/2017 03:07 PM EDT

Updated 06/13/2017 04:40 PM EDT

Attorney General Jeff Sessions on Tuesday forcefully denied he engaged in any collusion with Russian officials during the campaign, calling such a suggestion a “detestable lie,” while saying he did not recall having a third undisclosed meeting with Russian ambassador Sergey Kislyak.

“The suggestion that I participated in any collusion or that I was aware of any collusion with the Russian government to hurt this country, which I have served with honor for over 35 years, or to undermine the integrity of our democratic process, is an appalling and detestable lie,” Sessions said as he testified before the Senate Intelligence Committee.

Sessions also pushed back against the idea that he had more meetings with Kislyak, after having been forced to clarify remarks from his confirmation hearing in January that he did not have communications with Russian officials during the campaign. Two previous meetings with Kisylak surfaced earlier this year, but Sessions said on Tuesday he doesn’t remember any further encounters, including an allegation he met with Kislyak in April 2016 at the Mayflower Hotel, which hosted a foreign policy speech by Donald Trump.

“I did not have any private meetings nor do I recall any conversations with any Russian officials at the Mayflower Hotel,” Sessions said.

He later elaborated that a brief interaction with Kislyak may have occurred, noting that “I may have had an encounter during the reception” but that would’ve been the extent of any communication.

Sessions took his uncomfortable star turn in the same seat occupied by James Comey five days ago as the former FBI director pointedly accused Trump of lying about his dismissal.

Sessions has found himself at the center of the Russian controversy in recent days, particularly after Comey’s testimony that he’d asked Sessions to intervene after Trump initiated a series of contacts the FBI director viewed as improper.

The ex-FBI chief also suggested Sessions realized something inappropriate was afoot when Trump asked Comey to stay behind at an Oval Office meeting at February, while dismissing Sessions and others from the room.

“My sense was the attorney general knew he shouldn’t be leaving, which is why he was lingering,” Comey testified.

Comey also said that in the one-on-one meeting that followed, Trump asked that the FBI “let…go” of a probe into former National Security Adviser Mike Flynn. Trump has said he made no such request.

Sessions denied on Tuesday that he stayed silent when Comey urged him never to leave him alone again with Trump — testifying that he urged the FBI and Justice Department officials to follow proper protocol in their communications with the White House.

That directly counters Comey’s testimony from last week, when the ex-FBI chief said Sessions had no response when he told the attorney general that him being left alone with Trump was inappropriate and should not happen. A Justice Department spokesman rejected Comey’s account following the June 8 hearing.

“He didn’t recall this, but I responded to his comment by agreeing that the FBI and the Department of Justice needed to be careful to follow department policies regarding appropriate contacts with the White House,” Sessions testified.

Sessions did not say if he made any effort to stop Trump from contacting the FBI, such as intervening with the president directly or seeking to pass such a message through the White House counsel or other officials.

The attorney general’s closely-watched testimony came as Washington buzzed about suggestions from Trump allies that the president was considering firing the man tapped last month to take over the probe into alleged Russian interference in the 2016 election: special counsel Robert Mueller.

Sessions would not specifically talk about Mueller’s job performance, but said, “I have confidence in Mr. Mueller.”

The attorney general cited his recusal from the Russia probe as one of the reasons he could not elaborate on Mueller. In March, Sessions declared that because of his role in the Trump campaign he was recusing himself from all inquiries related to Russia’s alleged interference in the 2016 elections.

During his testimony on Tuesday, Sessions disclosed more details of the timeline of his recusal: One day after he was sworn in as attorney general on Feb. 9, Sessions had his first meeting to generally discuss the recusal matter. Several meetings followed, and “it became clear to me over time that I qualified as a significant principal adviser type person to the campaign and it would be appropriate and the right thing for me to recuse myself.”

His recusal from matters related to the presidential campaign, which Sessions said was essentially in place from his first day as attorney general, is apparently so broad that he has never been briefed on Russian hacking attempts last year.

“I never received any detailed briefing on how the hacking occurred,” Sessions testified, saying he had only gotten his information about Russian interference in the 2016 campaign through the news media.

Speaking to Sen. Angus King (I-Maine), Sessions added that “you might have been very critical if I, as an active part of the campaign, was seeking intelligence related to something that might be relevant to the campaign.”

Sessions also said Tuesday that he would not claim executive privilege as he testifies “because that is the president’s power.” But he added that he would abide by longstanding DOJ practice to shield his discussions with Trump.

“I cannot and will not violate my duty to protect confidential communications with the president,” he said.

Sessions refused to answer a pivotal question from Sen. Dianne Feinstein (D-Calif.): whether he discussed Comey’s handling of the investigations into the Trump campaign with the president prior to the FBI director’s dismissal.

“I’m not able to discuss with you or confirm or deny the nature of a private conversation that I may have had with the president on this subject or others. I know this will be discussed, but that’s the rules that have been adhered to by the Department of Justice,” Sessions said.

Asked to react to Trump’s public statement that he had the Russia probe on his mind at the time of the firing, the attorney general demurred.

“I will have to let his words speak for himself. I’m not sure what was in his mind specifically when we talked to him,” Sessions said.

As Sessions declined to answer a series of questions, Democrats bluntly accused him of undermining Congress’s effort to get to the truth. Sen. Ron Wyden of Oregon said the lack of responses amounted to stonewalling.

“I am not stonewalling. I am following the historic policies of the Department of Justice,” the attorney general declared.

“You’re impeding this investigation,” Sen. Martin Heinrich of New Mexico said. “You are obstructing that congressional investigation by not answering the questions.”

Sessions insisted that he was not invoking executive privilege, but preserving Trump’s right to do so.

“I’m not able to invoke executive privilege that’s the president’s prerogative,” the attorney general said.

Resolving a longstanding question, Sessions acknowledged publicly for the first time Tuesday that he gave Comey no warning before his firing on May 9.

“Did you ever have a conversation about his failure to perform?” Sen. Mark Warner, the ranking Democrat on the committee, asked.

“I did not,” Sessions said.

“You never thought it was appropriate to raise those concerns before he was actually terminated by the president?” Warner asked.

“I did not do so,” Sessions said, noting that Deputy Attorney General Rod Rosenstein prepared a memo critiquing Comey’s performance. “It’s something that we both agreed to that a fresh start at the FBI was probably the best.”

“The timing seems a little peculiar,” Warner said.

Democratic senators and Comey have suggested that Sessions should not have been involved in the firing of the FBI director, particularly since investigations Sessions was recused from appear to have played roles in spurring that decision.

Sessions flatly rejected those arguments on Tuesday.

“It is absurd, frankly, to suggest that a recusal from a single specific investigation would render an Attorney General unable to manage the leadership of the various Department of Justice law enforcement components that conduct thousands of investigations,” Sessions said.

The usually genial Alabaman showed outbursts of anger, including under questioning from Wyden when the Oregon Democrat pressed Sessions on what Comey found so “problematic” about the attorney general that he felt his recusal was inevitable.

“Why don’t you tell me?” Sessions responded to Wyden, his tone escalating. “There are none … this is a secret innuendo.”

Sessions also offered his first-hand account of the Feb. 14 Oval Office encounter that resulted in Comey being alone with Trump.

“We were there. I was standing there and without revealing any conversation that took place, what I do recall is I did depart. I believe everyone else did depart and Director Comey was sitting in front of the president’s desk and they were talking….That in itself is not problematic,” Sessions said.

The attorney general confirmed that the next day Comey complained about the contact.

“He did not tell me at that time any detail about anything that was said that was improper,” Sessions said, claiming he “backed [Comey] up in his concern” about improper contacts.

“He was concerned about it….His recollection of what he said about his concern is consistent with my recollection,” the attorney general added.

http://www.politico.com/story/2017/06/13/sessions-calls-suggestion-he-colluded-with-russia-a-detestable-lie-239507

 

Executive privilege

From Wikipedia, the free encyclopedia

In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government to access information and personnel relating to the executive branch. The concept of executive privilege is not mentioned explicitly in the United States Constitution, but the Supreme Court of the United States ruled it to be an element of the separation of powers doctrine and derived from the supremacy of the executive branch in its own area of Constitutional activity.[1]

The Supreme Court confirmed the legitimacy of this doctrine in United States v. Nixon, but only to the extent of confirming that there is a qualified privilege. Once invoked, a presumption of privilege is established, requiring the Prosecutor to make a “sufficient showing” that the “Presidential material” is “essential to the justice of the case” (418 U.S. at 713–14). Chief JusticeWarren Burger further stated that executive privilege would most effectively apply when the oversight of the executive would impair that branch’s national security concerns.

Historically, the uses of executive privilege underscore the untested nature of the doctrine, since Presidents have generally sidestepped open confrontations with the United States Congress and the courts over the issue by first asserting the privilege, then producing some of the documents requested on an assertedly voluntary basis.

Early precedents

Executive privilege is a specific instance of the more general common-law principle of deliberative process privilege and is believed to trace its roots to the English crown privilege (now known as public-interest immunity).[2]

In the context of privilege assertions by US presidents, “In 1796, President George Washington refused to comply with a request by the House of Representatives for documents related to the negotiation of the then-recently adopted Jay Treaty with the Kingdom of Great Britain. The Senate alone plays a role in the ratification of treaties, Washington reasoned, and therefore the House had no legitimate claim to the material. Therefore, Washington provided the documents to the Senate but not the House.”[3]

President Thomas Jefferson continued the precedent for this in the trial of Aaron Burr for treason in 1809. Burr asked the court to issue a subpoena duces tecum to compel Jefferson to testify or provide his private letters concerning Burr. Chief Justice John Marshall, a strong proponent of the powers of the federal government but also a political opponent of Jefferson, ruled that the Sixth Amendment to the Constitution, which allows for these sorts of court orders for criminal defendants, did not provide any exception for the president. As for Jefferson’s claim that disclosure of the document would imperil public safety, Marshall held that the court, not the president, would be the judge of that. Jefferson refused to personally testify but provided selected letters.

In 1833, President Andrew Jackson cited executive privilege when Senator Henry Clay demanded he produce documents concerning statements the president made to his cabinet about the removal of federal deposits from the Second Bank of the United States during the Bank War.[4]

Cold War era

During the period of 1947–49, several major security cases became known to Congress. There followed a series of investigations, culminating in the famous HissChambers case of 1948. At that point, the Truman Administration issued a sweeping secrecy order blocking congressional efforts from FBI and other executive data on security problems.[citation needed] Security files were moved to the White House and Administration officials were banned from testifying before Congress on security related matters. Investigation of the State Department and other cases was stymied and the matter left unresolved.

During the Army–McCarthy hearings in 1954, Eisenhower used the claim of executive privilege to forbid the “provision of any data about internal conversations, meetings, or written communication among staffers, with no exception to topics or people.” Department of Defense employees were also instructed not to testify on any such conversations or produce any such documents or reproductions.[5] This was done to refuse the McCarthy Committee subpoenas of transcripts of monitored telephone calls from Army officials, as well as information on meetings between Eisenhower officials relating to the hearings. This was done in the form of a letter from Eisenhower to the Department of Defense and an accompanying memo from Eisenhower Justice. The reasoning behind the order was that there was a need for “candid” exchanges among executive employees in giving “advice” to one another. In the end, Eisenhower would invoke the claim 44 times between 1955 and 1960.

United States v. Nixon

The Supreme Court addressed “executive privilege” in United States v. Nixon, the 1974 case involving the demand by Watergatespecial prosecutorArchibald Cox that President Richard Nixonproduce the audiotapes of conversations he and his colleagues had in the Oval Office of the White House in connection with criminal charges being brought against members of the Nixon Administration. Nixon invoked the privilege and refused to produce any records.

The Supreme Court did not reject the claim of privilege out of hand; it noted, in fact, “the valid need for protection of communications between high Government officials and those who advise and assist them in the performance of their manifold duties” and that “[h]uman experience teaches that those who expect public dissemination of their remarks may well temper candor with a concern for appearances and for their own interests to the detriment of the decisionmaking process.” This is very similar to the logic that the Court had used in establishing an “executive immunity” defense for high office-holders charged with violating citizens’ constitutional rights in the course of performing their duties. The Supreme Court stated: “To read the Article II powers of the President as providing an absolute privilege as against a subpoena essential to enforcement of criminal statutes on no more than a generalized claim of the public interest in confidentiality of nonmilitary and nondiplomatic discussions would upset the constitutional balance of ‘a workable government’ and gravely impair the role of the courts under Article III.” Because Nixon had asserted only a generalized need for confidentiality, the Court held that the larger public interest in obtaining the truth in the context of a criminal prosecution took precedence.

“Once executive privilege is asserted, coequal branches of the Government are set on a collision course. The Judiciary is forced into the difficult task of balancing the need for information in a judicial proceeding and the Executive’s Article II prerogatives. This inquiry places courts in the awkward position of evaluating the Executive’s claims of confidentiality and autonomy, and pushes to the fore difficult questions of separation of powers and checks and balances. These ‘occasion[s] for constitutional confrontation between the two branches’ are likely to be avoided whenever possible. United States v. Nixon, supra, at 692.”[6]

Post-Watergate era

Clinton administration

The Clinton administration invoked executive privilege on fourteen occasions.

In 1998, President Bill Clinton became the first president since Nixon to assert executive privilege and lose in court, when a federal judge ruled that Clinton aides could be called to testify in the Lewinsky scandal.[7]

Later, Clinton exercised a form of negotiated executive privilege when he agreed to testify before the grand jury called by Independent CounselKenneth Starr only after negotiating the terms under which he would appear. Declaring that “absolutely no one is above the law”, Starr said such a privilege “must give way” and evidence “must be turned over” to prosecutors if it is relevant to an investigation.

George W. Bush administration

The Bush administration invoked executive privilege on six occasions.

President George W. Bush first asserted executive privilege to deny disclosure of sought details regarding former Attorney General Janet Reno,[8] the scandal involving Federal Bureau of Investigation (FBI) misuse of organized-crime informants James J. Bulger and Stephen Flemmi in Boston, and Justice Department deliberations about President Bill Clinton’s fundraising tactics, in December 2001.[9]

Bush invoked executive privilege “in substance” in refusing to disclose the details of Vice PresidentDick Cheney‘s meetings with energy executives, which was not appealed by the GAO. In a separate Supreme Court decision in 2004, however, Justice Anthony Kennedy noted “Executive privilege is an extraordinary assertion of power ‘not to be lightly invoked.’ United States v. Reynolds, 345 U.S. 1, 7 (1953).

Further, on June 28, 2007, Bush invoked executive privilege in response to congressional subpoenas requesting documents from former presidential counsel Harriet Miers and former political director Sara Taylor,[10] citing that:

The reason for these distinctions rests upon a bedrock presidential prerogative: for the President to perform his constitutional duties, it is imperative that he receive candid and unfettered advice and that free and open discussions and deliberations occur among his advisors and between those advisors and others within and outside the Executive Branch.

On July 9, 2007, Bush again invoked executive privilege to block a congressional subpoena requiring the testimonies of Taylor and Miers. Furthermore, White House CounselFred F. Fielding refused to comply with a deadline set by the chairman of the Senate Judiciary Committee to explain its privilege claim, prove that the president personally invoked it, and provide logs of which documents were being withheld. On July 25, 2007, the House Judiciary Committee voted to cite Miers and White House Chief of StaffJoshua Bolten for contempt of Congress.[11][12]

On July 13, less than a week after claiming executive privilege for Miers and Taylor, Counsel Fielding effectively claimed the privilege once again, this time in relation to documents related to the 2004 death of Army RangerPat Tillman. In a letter to the House Committee on Oversight and Government Reform, Fielding claimed certain papers relating to discussion of the friendly-fire shooting “implicate Executive Branch confidentiality interests” and would therefore not be turned over to the committee.[13]

On August 1, 2007, Bush invoked the privilege for the fourth time in little over a month, this time rejecting a subpoena for Karl Rove. The subpoena would have required the President’s Senior Advisor to testify before the Senate Judiciary Committee in a probe over fired federal prosecutors. In a letter to Senate Judiciary Chairman Patrick Leahy, Fielding claimed that “Mr. Rove, as an immediate presidential advisor, is immune from compelled congressional testimony about matters that arose during his tenure and that relate to his official duties in that capacity….”[14]

Leahy claimed that President Bush was not involved with the employment terminations of U.S. attorneys. Furthermore, he asserted that the president’s executive privilege claims protecting Josh Bolten, and Karl Rove are illegal. The Senator demanded that Bolten, Rove, Sara Taylor, and J. Scott Jennings comply “immediately” with their subpoenas, presumably to await a further review of these matters. This development paved the way for a Senate panel vote on whether to advance the citations to the full Senate. “It is obvious that the reasons given for these firings were contrived as part of a cover-up and that the stonewalling by the White House is part and parcel of that same effort”, Leahy concluded about these incidents.[15][16][17][18]

As of July 17, 2008, Rove still claimed executive privilege to avoid a congressional subpoena. Rove’s lawyer wrote that his client is “constitutionally immune from compelled congressional testimony.”[19]

House Investigation of the SEC

Leaders of the U.S. Securities and Exchange Commission testified on February 4, 2009 before the United States House Committee on Financial Services subcommittee including Linda Chatman Thomsen S.E.C. enforcement director, acting General CounselAndy Vollmer, Andrew Donohue, Erik Sirri, and Lori Richards and Stephen Luparello of FINRA. The subject of the hearings were on why the SEC had failed to act when Harry Markopolos, a private fraud investigator from Boston alerted the Securities and Exchange Commission; detailing his persistent and unsuccessful efforts to get the SEC to investigate Bernard Madoff, beginning in 1999.[20] Vollmer claimed executive privilege in declining to answer some questions.[21][22] Subcommittee chairmanPaul E. Kanjorski asked Mr. Vollmer if he had obtained executive privilege from the U.S. Attorney General.[21] “No … this is the position of the agency,” said Vollmer.[21] “Did the SEC instruct him not to respond to questions?” Mr. Kanjorski asked.[21] Vollmer replied that it was the position of the Commission and that “the answer is no.”[21] The SEC announced Vollmer would “leave the Commission and return to the private sector,” just 14 days after making the claim.[23]

Obama Administration

On June 20, 2012, President Barack Obama asserted executive privilege, his first, to withhold certain Department of Justice documents related to the ongoing Operation Fast and Furious controversy ahead of a United States House Committee on Oversight and Government Reform vote to hold Attorney General Eric Holder in Contempt of Congress for refusing to produce the documents.[24][25]

Later the same day, the United States House Committee on Oversight and Government Reform voted 23–17 along party lines to hold Attorney General Holder in contempt of Congress over not releasing documents regarding Fast and Furious.[26]

Executive privilege was also used in a lawsuit stemming from the 2012 implementation of the “Net Worth Sweep” against Fannie Mae and Freddie Mac. The Obama administration did not disclose roughly 11,000 documents from the plaintiffs in the discovery process as they related to the reasoning behind the 2012 actions.[citation needed]

Trump Administration

While investigating Russian interference in the 2016 election, the Senate Intelligence Committee subpoenaed former FBI Director James Comey to testify. Comey was fired several weeks before being subpoenaed but had appeared before the committee once before in March while still serving as director. Less than a week before the scheduled hearing, it was reported that President Trump was considering invoking executive privilege to prevent Comey’s testimony. [27][28] According to attorney Page Pate, it seems unlikely that executive privilege will be applicable here, as Trump has publicly spoken about the encounters in question multiple times.[29]

Sarah Huckabee Sanders, a White house spokesman, released a statement on June 5th stating: “The president’s power to assert executive privilege is very well-established. However, in order to facilitate a swift and thorough examination of the facts sought by the Senate Intelligence Committee, President Trump will not assert executive privilege regarding James Comey’s scheduled testimony.”[30]

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

 

 

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Special counsel is investigating Trump for possible obstruction of justice, officials say

Special counsel investigating Trump for possible obstruction of justice
The special counsel overseeing the investigation into Russia’s role in the 2016 election is interviewing senior intelligence officials to determine whether President Trump attempted to obstruct justice, officials said. (Patrick Martin,McKenna Ewen/The Washington Post)
The special counsel overseeing the investigation into Russia’s role in the 2016 election is interviewing senior intelligence officials as part of a widening probe that now includes an examination of whether President Trump attempted to obstruct justice, officials said.The move by special counsel Robert S. Mueller III to investigate Trump’s conduct marks a major turning point in the nearly year-old FBI investigation, which until recently focused on Russian meddling during the presidential campaign and on whether there was any coordination between the Trump campaign and the Kremlin. Investigators have also been looking for any evidence of possible financial crimes among Trump associates, officials said.

Trump had received private assurances from then-FBI Director James B. Comey starting in January that he was not personally under investigation. Officials say that changed shortly after Comey’s firing.

Five people briefed on the interview requests, speaking on the condition of anonymity because they were not authorized to discuss the matter publicly, said that Daniel Coats, the current director of national intelligence, Mike Rogers, head of the National Security Agency, and Rogers’s recently departed deputy, Richard Ledgett, agreed to be interviewed by Mueller’s investigators as early as this week. The investigation has been cloaked in secrecy, and it is unclear how many others have been questioned by the FBI.

The NSA said in a statement that it will “fully cooperate with the special counsel” and declined to comment further. The office of the director of national intelligence and Ledgett declined to comment.

The White House now refers all questions about the Russia investigation to Trump’s personal attorney, Marc Kasowitz.

“The FBI leak of information regarding the president is outrageous, inexcusable and illegal,” said Mark Corallo, a spokesman for Kasowitz.

The officials said Coats, Rogers and Ledgett would appear voluntarily, though it remains unclear whether they will describe in full their conversations with Trump and other top officials or will be directed by the White House to invoke executive privilege. It is doubtful that the White House could ultimately use executive privilege to try to block them from speaking to Mueller’s investigators. Experts point out that the Supreme Court ruled during the Watergate scandal that officials cannot use privilege to withhold evidence in criminal prosecutions.

The obstruction-of-justice investigation of the president began days after Comey was fired on May 9, according to people familiar with the matter. Mueller’s office has taken up that work, and the preliminary interviews scheduled with intelligence officials indicate that his team is actively pursuing potential witnesses inside and outside the government.

The interviews suggest that Mueller sees the question of attempted obstruction of justice as more than just a “he said, he said” dispute between the president and the fired FBI director, an official said.

With the term whirling around Washington, a former federal prosecutor explains what to know about the criminal charge of obstruction of justice. (Jenny Starrs/The Washington Post)

Investigating Trump for possible crimes is a complicated affair, even if convincing evidence of a crime were found. The Justice Department has long held that it would not be appropriate to indict a sitting president. Instead, experts say, the onus would be on Congress to review any findings of criminal misconduct and then decide whether to initiate impeachment proceedings.

Comey confirmed publicly in congressional testimony on March 20 that the bureau was investigating possible coordination between the Trump campaign and the Russians.

Comey’s statement before the House Intelligence Committee upset Trump, who has repeatedly denied that any coordination with the Russians took place. Trump had wanted Comey to disclose publicly that he was not personally under investigation, but the FBI director refused to do so.

Soon after, Trump spoke to Coats and Rogers about the Russia investigation.

Officials said one of the exchanges of potential interest to Mueller took place on March 22, less than a week after Coats was confirmed by the Senate to serve as the nation’s top intelligence official.

Coats was attending a briefing at the White House with officials from several other government agencies. When the briefing ended, as The Washington Post previously reported, Trump asked everyone to leave the room except for Coats and CIA Director Mike Pompeo.

Coats told associates that Trump had asked him whether Coats could intervene with Comey to get the bureau to back off its focus on former national security adviser Michael Flynn in its Russia probe, according to officials. Coats later told lawmakers that he never felt pressured to intervene.

A day or two after the March 22 meeting, Trump telephoned Coats and Rogers to separately ask them to issue public statements denying the existence of any evidence of coordination between his campaign and the Russian government.

Coats and Rogers refused to comply with the president’s requests, officials said.

It is unclear whether Ledgett had direct contact with Trump or other top officials about the Russia probe, but he wrote an internal NSA memo documenting the president’s phone call with Rogers, according to officials.

As part of the probe, the special counsel has also gathered Comey’s written accounts of his conversations with Trump. The president has accused Comey of lying about those encounters.

Mueller is overseeing a host of investigations involving people who are or were in Trump’s orbit, people familiar with the probe said. The investigation is examining possible contacts with Russian operatives as well as any suspicious financial activity related to those individuals.

Last week, Comey told the Senate Intelligence Committee that he had informed Trump that there was no investigation of the president’s personal conduct, at least while he was leading the FBI.

Comey’s carefully worded comments, and those of Andrew McCabe, who took over as acting FBI director, suggested to some officials that an investigation of Trump for attempted obstruction may have been launched after Comey’s departure, particularly in light of Trump’s alleged statements regarding Flynn.

“I took it as a very disturbing thing, very concerning, but that’s a conclusion I’m sure the special counsel will work towards, to try and understand what the intention was there, and whether that’s an offense,” Comey testified last week.

Mueller has not publicly discussed his work, and a spokesman for the special counsel declined to comment.

Accounts by Comey and other officials of their conversations with the president could become central pieces of evidence if Mueller decides to pursue an obstruction case.

Investigators will also look for any statements the president may have made publicly and privately to people outside the government about his reasons for firing Comey and his concerns about the Russia probe and other related investigations, people familiar with the matter said.

Comey testified before the Senate Intelligence Committee last week that he was certain his firing was due to the president’s concerns about the Russia probe, rather than over his handling of a now-closed FBI investigation into Hillary Clinton’s use of a private email server as secretary of state, as the White House had initially asserted. “It’s my judgment that I was fired because of the Russia investigation,” Comey said. “I was fired, in some way, to change — or the endeavor was to change the way the Russia investigation was being conducted.”

The fired FBI director said ultimately it was up to Mueller to make a determination whether the president crossed a legal line.

In addition to describing his interactions with the president, Comey told the Intelligence Committee that while he was FBI director he told Trump on three occasions that he was not under investigation as part of a counterintelligence probe looking at Russian meddling in the election.

Republican lawmakers seized on Comey’s testimony to point out that Trump was not in the FBI’s crosshairs when Comey led the bureau.

After Comey’s testimony, in which he acknowledged telling Trump that he was not under investigation, Trump tweeted that he felt “total and complete vindication.” It is unclear whether McCabe, Comey’s successor, has informed Trump of the change in the scope of the probe.

https://www.washingtonpost.com/world/national-security/special-counsel-is-investigating-trump-for-possible-obstruction-of-justice/2017/06/14/9ce02506-5131-11e7-b064-828ba60fbb98_story.html?utm_term=.411010e1599f

 

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Breaking News: Story 1: Democrat Socialist, James Hodgkinson, Opened Fire With Semi-automatic Rifle On Republican Lawmakers Practicing For Annual Charity Baseball Game Shooting House Majority Whip, Steve Scalise, 2 Capital Police Officer, 1 Congressional Staffer and 1 Lobbyist and Two Others Had Secondary Injuries  — The Assailant Was Killed By Police Officers — Game On — Videos —

Image result for republican baseball game shooter june 14, 2017 Image result for republican practice baseball game shooter june 14, 2017 Image result for president trump on republican practice baseball game shooter june 14, 2017

Graphic content: Gunman opens fire on GOP baseball practice

Published on Jun 14, 2017

A shooting at a park in Alexandria, Va., wounded five people, including House Majority Whip Steve Scalise (La.). Republican members of Congress were holding a morning baseball practice ahead of a scheduled charity game.

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Congressional baseball gunman was a Trump-hating Bernie supporter who hit women: Dead suspect’s violent history revealed after he opened fire on Republican lawmakers on the President’s birthday, leaving five injured

  • James Hodgkinson, 66, died in hospital after being shot by Capitol Police at the baseball field in Virginia 
  • He was a staunch Democrat who documented his hatred for President Trump on social media pages
  • Hodgkinson moved from his home in Illinois to Virginia two months ago and had been living out of his car
  • He has a long criminal history which includes an assault charge for punching his female neighbor as she tried to protect his daughter from him in 2006
  • Steve Scalise, the House Majority Whip, is in a critical condition after being shot by the gunman at 7am
  • He was taking part in a GOP practice session with other politicians when Hodgkinson opened fire on them 
  • Two Capitol Police officers who were there to protect 51-year-old Scalise bravely returned fire on the gunman 
  • They were injured along with lobbyist Matt Mika and congressional staffer Zachary Barth but all are expected to recover
  • Thursday’s game, which the men were practicing for, will go ahead as planned despite the shooting  

The gunman who was killed by cops after opening fire on a Republican congressional baseball practice on Wednesday, the president’s 71st birthday, was a Trump-hating Democrat and Bernie Sanders supporter with a long history of violence.

James T. Hodgkinson, 66, from Belleville, Illinois, was killed by Capitol Police after firing up to 100 rounds from an assault rifle at a baseball park in Alexandria, Virginia, leaving five injured including House Majority Whip Steve Scalise at 7am on Wednesday.

Scalise’s condition worsened throughout the afternoon and was deemed critical by hospital staff after he he was released from emergency surgery on his hip.

Two Capitol Police officers were shot as they bravely returned fire on Hodgkinson while the lawmakers scrambled across the field to safety. Congressional staffer Zachary Barth and lobbyist Matt Mika were shot but both are expected to recover.

Hodgkinson was a staunch Sanders supporter and campaigned for the left-wing senator to get the Democratic nomination for president last year. His family said he was distraught over Trump’s November election win and revealed that he had been living in Alexandria out of a gym bag and sleeping in his car for the last two months.

A married union tradesman with a home inspection business, Hodgkinson had threatened to ‘destroy’ the president and his administration on social media but was not known to Secret Service.

His criminal record included a 2006 arrest for punching his female neighbor in the face as she tried to shield his underage daughter from him.

Scroll down for video 

James T. Hodgkinson, 66, opened fire on the GOP baseball team on Wednesday. He was killed by Capitol Police 

Hodgkinson is seen above in 2012 protesting outside the United States Post Office in his hometown of Belleville, Illinois 

James T. Hodgkinson (pictured right campaigning against Republicans in 2012) was a hateful Trump opponent who threatened to ‘destroy’ the president on social media before attacking a GOP baseball practice on Wednesday

He dragged her out by the hair but she ran into her neighbor’s car. The female neighbor sat in the vehicle in the front seat.

Hodgkinson got access to them, slashing the seatbelt his daughter was wearing as he and his wife pulled her out. He then hit the neighbor in the face, The Washington Post reported, but was never convicted.

After he was identified as the shooter in Wednesday’s attack, his estranged brother told The New York Times that he learned through their sister that he had traveled to Virginia two months ago.

He signed up for a membership at the YMCA opposite the baseball field he attacked but cancelled it this week.

The brother said he believed Hodgkinson phoned his wife Sue in the days before the attack and told her he was coming home because he missed her and their dogs.  Former Alexandria mayor Bill Euille admitted meeting the man several times in the town.

‘He was a very friendly person, but what I did notice about this gentleman is he’d open up his gym bag and in it, he had everything he owned. He was living out of the gym bag. That, and he sat in the Y’s lobby for hours and hours.

‘Outside of myself, I don’t think he knew anyone else in town,’ he told The Washington Post, admitting that he also helped him try to find a job in the area after taking pity on him.

Hodgkinson documented his hatred for the president in Facebook and Twitter posts where he threatened to ‘destroy Trump & co’ and labeled the Republican billionaire a ‘traitor’.  

Hodgkinson had a lengthy criminal record which includes charges, but no convictions, for DUI, domestic battery, pointing a gun at a relative. He is seen in mugshots in 1992 (left) and 2006 (right)

Hodgkinson had a lengthy criminal record which includes charges, but no convictions, for DUI, domestic battery, pointing a gun at a relative. He is seen in mugshots in 1992 (left) and 2006 (right)

Hodgkinson had a lengthy criminal record which includes charges, but no convictions, for DUI, domestic battery, pointing a gun at a relative. He is seen in mugshots in 1992 (left) and 2006 (right)

Hodgkinson was wounded by Capitol Police at the scene and later died of his injuries in hospital

Hodgkinson was wounded by Capitol Police at the scene and later died of his injuries in hospital

Hodgkinson documented his violent hatred for the president across his various social media pages
Hodgkinson documented his violent hatred for the president across his various social media pages

Hodgkinson documented his violent hatred for the president across his various social media pages

Hodgkinson shared numerous Facebook posts against the president, making no secret of his angry Republican hatred 

Hodgkinson shared numerous Facebook posts against the president, making no secret of his angry Republican hatred

His violent tendencies and involvement in Wednesday’s attack came as a surprise to people who worked with him on Sanders’ 2016 bid for the Democratic presidential nomination.

One told The Washington Post: ‘I met him on the Bernie trail in Iowa, worked with him in the Quad Cities area.

‘He was this union tradesman, pretty stocky, and we stayed up talking politics. He was more on the really progressive side of things,’ Charles Orear said, adding that Hodgkinson was ‘quite mellow’.

A friend of the man spoke outside his home in Belleville, Illinois – 800 miles from where the shooting occurred – to say he was a ‘nice guy’.

Despite his hateful social media posts and criminal history, sources told CNN the man was not on the Secret Service’s radar.

Hodgkinson's estranged brother revealed that in the days before the shooting, he called his wife Sue (above together) to say he was planning to come home from Virginia because he missed her and their dogs 

It is not clear how long Hodgkinson had been in Virginia or when he left his home town before Wednesday's shooting 

It is not clear how long Hodgkinson had been in Virginia or when he left his home town before Wednesday’s shooting

Hodgkinson's family said he was distraught over Trump's November election win. He traveled to Virginia two months ago and had been living out of a gym bag and sleeping in his car, the former mayor of Alexandria said

Hodgkinson's family said he was distraught over Trump's November election win. He traveled to Virginia two months ago and had been living out of a gym bag and sleeping in his car, the former mayor of Alexandria said

Hodgkinson’s family said he was distraught over Trump’s November election win. He traveled to Virginia two months ago and had been living out of a gym bag and sleeping in his car, the former mayor of Alexandria said

Police descended on his home in Belleville, Illinois, which is 800 miles from where the shooting took place

Police rifled through the home on Wednesday afternoon. Hodgkinson's family said he left it two months ago to travel to Virginia

Police rifled through the home on Wednesday afternoon. Hodgkinson's family said he left it two months ago to travel to Virginia

Dale Walsh, a friend of Hodgkinson, said he was 'a nice guy' and expressed his shock at Wednesday's shooting. He spoke outside Hodgkinson's home as local media and police descended on it 

Dale Walsh, a friend of Hodgkinson, said he was ‘a nice guy’ and expressed his shock at Wednesday’s shooting. He spoke outside Hodgkinson’s home as local media and police descended on it

Shortly after 7am on Wednesday, he opened fire from behind the third base dugout as the group of GOP figures practiced batting on the field in preparation for a charity baseball game against Democrats which is scheduled for Thursday night.

Florida Rep. Ron DeSantis and Rep. Jeff Duncan of South Carolina spoke with him moments before the shooting.

They told how the shooter approached them and asked if they were Republican or Democrat. He walked away after being told they were members of the GOP, Duncan said.

The pair escaped his bloody rampage and only identified him as the shooter after seeing his photograph in the news.

Two Capitol Police officers who were accompanying Scalise were the only other armed people on the scene. They returned fire with their pistols but were shot themselves.

As bullets flew across the field, the congressmen fled to a dugout and huddled on top of one another, using their belts as makeshift tourniquets to treat the wounds of those who were shot.

Barth, a congressional staffer for Texas Rep. Roger Williams, was shot in the leg but is expected to recover. The two Capitol Police officers, Krystal Griner and David Bailey, are also expected to make a full recovery.

Mika was also injured and is in hospital while Scalise is in critical condition at MedStar Washington Center after undergoing emergency surgery on his hip.

Sen. Rand Paul, who was also there but as not hurt, described the scene as a ‘killing field’. Rep. Mark Walker said the gunman seemed intent on murdering ‘as many Republicans as possible.’

House Majority Whip Steve Scalise was rushed to hospital after being shot in the hip. He was initially expected to recover but his condition worsened and became critical on Wednesday afternoon  

House Majority Whip Steve Scalise was rushed to hospital after being shot in the hip. He was initially expected to recover but his condition worsened and became critical on Wednesday afternoon

The men were practicing at Eugene Simpson Stadium Park in Alexandria, Virginia, ahead of a charity game on Thursday 

The men were practicing at Eugene Simpson Stadium Park in Alexandria, Virginia, ahead of a charity game on Thursday

Sanders, who expressed his prayers for the victims before learning that the gunman was one of his fans, resisted criticism directed at him at the capitol on Wednesday.  His aides stayed between him and reporters milling near the Senate chamber.

In a statement on the Senate floor, the Vermont democratic socialist said in a statement on the Senate floor that he was aware the shooter ‘apparently volunteered on my presidential campaign.’

‘I am sickened by this despicable act,’ he said. ‘Let me be as clear as I can be. Violence of any kind is unacceptable in our society and I condemn this action in the strongest possible terms.’

Sanders said he was 'sickened' by the shooting

Sanders said he was ‘sickened’ by the shooting

‘Real change can only come about through nonviolent action, and anything else runs against our most deeply held American values.’

The president spoke at a White House press conference at around 11am.

He made a plea for unity and thanked the police and emergency responders involved, making no mention of the gunman other than to confirm his death.

President Trump revealed he had spoken to Scalise’s wife to offer her his support and described the injured Whip as a ‘true friend’ and ‘patriot’.

Later in the day, Joe Barton, whose young children were with him at the field, announced that the game would go ahead despite the shooting.

Both he and Democratic Rep. Mike Doyle used the occasion as an example of the angry hatred between Republicans and Democrats which is becoming more commonplace.

‘We need to take a step back. I think the internet, twitter and all the instantaneous of the news cycle has made it more impersonal and members flying back to their districts every weekend, very few people live up here. It is different climate today than it was In 1985. Part of it is technology and part of it is how politics has evolved,’ Rep. Barton said.

Scalise was shot in the hip and taken to hospital by air ambulance shortly after the attack. Alabama Rep. Mo Brooks tried to stop the bleeding from his wound as Sen. Paul, a trained doctor, cut his baseball uniform to examine the injury.

Scalise was on the field when he was shot but was able to drag himself to safety in the dugout, where the other men were hiding, as the two Capitol Police who had accompanied him for the practice exchanged gunfire.

Trump pleads for unity after GOP baseball shooting as Donald Jr. says attack proves why jokes about his father’s assassination AREN’T funny

At a press conference at The White House on Wednesday, President Trump thanked the police and first responders who attended the shooting 

At a press conference at The White House on Wednesday, President Trump thanked the police and first responders who attended the shooting

The president pleaded for unity at a White House press conference to address an attack on his GOP colleagues on Wednesday.

Speaking hours after leaders including House Majority Whip Steve Scalise and four others were injured by gunman James Hodgkinson, Trump said: ‘We are stronger when we are unified and when we work together for the common good.’

Trump referred to the gunman once to confirm his death, describing him only as ‘the assailant’. He devoted the rest of his speech to praising the Capitol Police and emergency responders who attended the attack.

‘Melania and I are grateful for their heroism and praying for the swift recovery of all victims. Congressman Scalise is a friend and a very good friend, He is a patriot and a fighter and he will recover from this assault.

‘Steve, I want you to know, you have the prayers not only of the entire city but of an entire nation and, frankly, the entire world. America is praying for you and America is praying for all of the victims of this shooting. I have spoken with Steve’s wife Jennifer and I pledged to her our full and absolute support. Anything she needs, we are with her and the entire Scalise family.

‘I have also spoken with Chief Matthew Verderosa (of the Capitol Police), he’s doing a fantastic job, to express our sympathies for his wounded officers and to express my admiration for their officers. They perform a challenging job with incredible skill and their sacrifice makes democracy possible.

‘We also commend the brave first responders from Alexandria Fire and Rescue who rushed to the scene. Everyone on that field is a public servant – our courageous police, our aides, and our dedicated members of congress who represent our people.

‘We can all agree that we are blessed to be Americans and that our children deserve to grow up in a nation of safety and peace,’ he said.

Donald Jr. had an angrier public response. He re-tweeted a post which read: ‘Events like today are EXACTLY why we took issue with NY elites glorifying the assassination of our President.’

He was referring to New York’s Public Theatre and its current production of Julius Caesar in which the doomed emperor is portrayed as his father. The play has sparked outrage and accusations that its directors are glorifying violence against the president.

It comes after the comedian Kathy Griffin’s shocking participation in a photo-shoot in which she appeared to be holding a fake representation of the president’s severed head. She apologized for the stunt after receiving angry backlash.

Democratic Rep. Mike Doyle (L) and Rep. Rep. Joe Barton (R) vowed to carry on with Thursday's scheduled game despite the shooting. Barton choked back tears as he told how he sheltered with his young sons as the shooter sprayed the field with bullets 

Democratic Rep. Mike Doyle (L) and Rep. Rep. Joe Barton (R) vowed to carry on with Thursday’s scheduled game despite the shooting. Barton choked back tears as he told how he sheltered with his young sons as the shooter sprayed the field with bullets

Texas Rep. Roger Williams (above) was not shot but was injured in the chaos as he tried to flee. One of his staffers suffered a gunshot wound to the leg 

Texas Rep. Roger Williams (above) was not shot but was injured in the chaos as he tried to flee. One of his staffers suffered a gunshot wound to the leg

Williams is seen being taken to hospital after the shooting which took place as the men practiced batting at 7am 

Williams is seen being taken to hospital after the shooting which took place as the men practiced batting at 7am

Michigan Rep. Mike Bishop earlier described how one man – thought to be part of Scalise’s Capitol Police protection detail – stood his ground to return fire as the congressmen and at least one of their children dove for cover in a dugout and Scalise dragged himself across the field after being hit, leaving a trail of blood behind him.

He told CBS Detroit: ‘As we were standing here this morning, a gunman walked up to the fence line and just began to shoot. I was standing at home plate and he was in the third base line.  He had a rifle that was clearly meant for the job of taking people out, multiple casualties, and he had several rounds and magazines that he kept unloading and reloading.’

He said: ‘The only reason why any of us walked out of this thing, by the grace of God, one of the folks here had a weapon to fire back and give us a moment to find cover.’

‘We were inside the backstop and if we didn’t have that cover by a brave person who stood up and took a shot themselves, we would not have gotten out of there and every one of us would have been hit — every single one of us.’

‘He was coming around the fence line and he was looking for all of us who had found cover in different spots. But if we didn’t have return fire right there, he would have come up to each one of us and shot us point-blank.’

The group was practicing for a charity game which is due to take place on Thursday at Nationals Park when they were attacked.  Three men escaped and took shelter in an apartment building nearby.

Another witness, Marty Lavor, dove on top of a congressman. He told CNN that after the gunman’s first shot, there was a break in the gunfire but it began shortly afterwards.

Republican Rep. Mo Brooks was also there but was not hurt. He described using his belt as a tourniquet to stop the bleeding on Scalise’s leg.

A man who was injured in the leg receives treatment at the scene. Some of those hurt were not shot but suffered injuries as they tried to escape the field 

A man who was injured in the leg receives treatment at the scene. Some of those hurt were not shot but suffered injuries as they tried to escape the field

Rep. Mo Brooks appeared emotional as he spoke on the phone moments after the shooting. He helped give first aid to those shot 

House Majority Whip Steve Scalise was shot in the hip but is expected to make a full recovery 

Zachary Barth

Matt Mika

Scalise (left), congressional staffer Zachary Barth (center) and lobbyist Matt Mika (right) were all shot

Speaking to FM Talk 1065 moments after the shooting, he told how the group was practicing batting when he suddenly saw the shooter.

‘Suddenly there’s this face. I noticed the guy’s got a rifle and he’s shooting at us,’ he said.

US Capitol Police Officer David Bailey is being hailed as a hero for returning fire on the gunman with his pistol despite being injured himself 

US Capitol Police Officer David Bailey is being hailed as a hero for returning fire on the gunman with his pistol despite being injured himself

As he took shelter with others in the group, which also included Rep. Gary Palmer, Brooks said he watched Scalise crawl to them as the police exchanged gunfire with pistols.

‘He was dragging his body away from second base to get away from the shooter. He was shot in the hip. I think it was not a life-threatening wound. … There was no exit wound I could see.’

‘There was a blood trail about 10 to 15 yards long from where he was shot to wear he crawled to right field,’ he told CNN. 

Brooks caught a brief glimpse of the shooter and described him as a white, middle-aged male. He said he described him as being ‘a little on the chubby side’ but not obese.  No more information about him is being offered by police.

Scalise, as a member of the House leadership, was the only one in the group who had been accompanied by a Capitol Police security detail.

Sen. Paul, who was not hurt, said that without the armed officers, all of those targeted would have died.

‘Had they not been there, it would have been a massacre. As terrible as it is, it could have been a lot worse.

‘Had it not been for them, we would have been at the mercy of the shooter and he had a lot of ammo. All we would have had was baseball bats.’ The Capitol Hill police cannot get enough praise for really saving everyone’s life out there,’ he said, adding of the gunman: ‘He would have shot anybody who ran out.’

Ohio Republican Rep. Brad Robert Wenstrup, a doctor and an Army Reserve officer, was on the scene and helped treat the wounded before paramedics arrived.

‘I felt like I was back in Iraq, but without my weapon,’ he told Fox News. Arizona Rep. Senator Jeff Flake described watching as the gunman sprayed bullets on the field, where Scalise lay on the ground.

The men's kit lay abandoned on the field as the scene around the baseball field was taped off 

The men’s kit lay abandoned on the field as the scene around the baseball field was taped off

A Twitter user posted this picture of what appeared to be a gunshot hole in a window as he took cover in the YMCA in Alexandria 

A Twitter user posted this picture of what appeared to be a gunshot hole in a window as he took cover in the YMCA in Alexandria

The streets surrounding the scene in Alexandria, Virginia were blocked off early Wednesday as first responders secured the area

The streets surrounding the scene in Alexandria, Virginia were blocked off early Wednesday as first responders secured the area

Sen. Jeff Flake is pictured walking away from the chaotic scene outside the stadium park 

Sen. Jeff Flake is pictured walking away from the chaotic scene outside the stadium park

As his Capitol Hill protection officers exchanged fire, he said the group were helpless.  ‘I wanted to get to Steve Scalise, laying out there in the field, but while there were bullets flying overhead, I couldn’t. He was laying out thee motionless,’ he told ABC.

Scalise’s office initially said while he was undergoing emergency surgery at MedStar Washington Hospital Center that he was in ‘stable condition.’

‘Prior to entering surgery, the Whip was in good spirits and spoke to his wife by phone,’ a spokesperson said.He is grateful for the brave actions of U.S. Capitol Police, first responders, and colleagues.’

Later, the hospital where he is being treated announced that his condition had worsened.

The two Capitol Police officers who were shot are both in a ‘good condition’ and are expected to recover.

All who have spoken since the attack said they were saved by having two trained doctors, including Wenstrup, on the team.

He administered immediate aid to Scalise before handing over to Brooks while he cut off his clothing.  ‘We were very fortunate to have a physician on the team.’

Sen. Paul is a trained opthalmologist. He said he was unable to get to Scalise because he was separated by part of the field and a fence while the active situation was ongoing.

One local resident was in his apartment with his wife when they were woken by the gunshots. They sheltered three members of the team after seeing them run for their lives from the field.

‘We were able to get them in a safe space for a couple of minutes. They were pretty shaken up,’ he said.

President Trump issued a statement shortly after the shooting to say he was ‘deeply saddened’ and was monitoring the situation closely.

‘Tomorrow, we play ball’: Republicans and Democrats vow to continue with charity game after shooting

Dem. Rep. Mike Doyle (L) and Rep. Rep. Joe Barton (R) vowed to carry on with Thursday's game 

Dem. Rep. Mike Doyle (L) and Rep. Rep. Joe Barton (R) vowed to carry on with Thursday’s game

The baseball game which congressmen were practicing for when they were shot on Wednesday morning will go ahead despite the attack.

Rep. Joe Barton sheltered in a dugout with his son as gunman James Hodgkinson opened fire on his team on Wednesday at 7am.

At a press conference later in the day, he revealed that the charity game would go ahead at Nationals Park tomorrow.

‘We’re playing the game tomorrow. We’re united not as Republicans and Democrats but as United States Representatives. We ask the American people to pray for those who were shot,’ he said, adding firmly: ‘It will be play ball tomorrow at 7.05pm.’

He was joined by Democrat Mike Doyle who echoed his sentiments and stressed the need for bi-partisanship.

‘We can change the mood in this country so that people don’t get filled up with this kind of hatred,’ Doyle said.

Both congressmen used the opportunity to lament the growing animosity in Washington and spoke nostalgically about times when Republicans and Democrats were kinder to one another.

‘Representatives aren’t treated like people anymore. I can assure you, everyone of our Representatives is a person… sometimes, though we don’t like to show it, we take it personally.’

Republican Barton choked up as he relived how his young son Jack was with him at the baseball field when the gunman opened fire.

‘Jack had 25 dads out there today looking out for him just as much as me,’ he said. One was Rep. Roger Williams who sprained his ankle trying to shield the child and rush him into the dugout as Hodgkinson opened fire.

Rep. Barton was at the field with his young son (left). They were able to take shelter in the dugout with the other congressmen. The pair are pictured after the shooting after flocking to the US Capitol 

Rep. Barton was at the field with his young son (left). They were able to take shelter in the dugout with the other congressmen. The pair are pictured after the shooting after flocking to the US Capitol

Sen. Flake (left) called Scalise's wife to inform her her husband had been shot. After the shooting, many of the men went straight to the Capitol still wearing their baseball gear including Rep. Rodney Davis (right)

Sen. Flake (left) called Scalise's wife to inform her her husband had been shot. After the shooting, many of the men went straight to the Capitol still wearing their baseball gear including Rep. Rodney Davis (right)

Rep. Chuck Fleischmann

‘We are deeply saddened by this tragedy. Our thoughts and prayers are with the members of Congress, their staffs, Capitol Police, first responders and all others affected,’ the president said.

Vice President Mike Pence cancelled a scheduled speech in order to meet with the president at The White House.

By mid-morning, the president had canceled a planned 3:00 p.m. event at the Department of Labor that was to have focused on his apprenticeship initiative.

All members of the House of Representatives were summoned to a private 11:15 a.m. briefing about the shooting investigation, and all votes were canceled for the day.

Scalise is the Republican majority whip in the House of Representatives – the congressman responsible for counting votes and maintaining party discipline.

The Louisianan, a 51-year-old father of two, is counted among conservatives in Congress who tend to back President Donald Trump’s more controversial initiatives, including calling his famous travel ban a ‘prudent’ measure. he endorsed Trump unreservedly last year.

Scalise came under fire in 2014 for remarks he made in 2002 at a conference run by a group that he later learned was a white supremacist organization.

President Trump said Scalise would make a full recovery. He paid tribute to him as a 'true friend and patriot' 

President Trump said Scalise would make a full recovery. He paid tribute to him as a ‘true friend and patriot’

First Lady Melania Trump shared her prayers for the victims and thanked police and paramedics who attended the attack 

First Lady Melania Trump shared her prayers for the victims and thanked police and paramedics who attended the attack

The infamous former Ku Klux Klan leader David Duke, who founded the group, blasted Scalise as a ‘sellout’ for apologizing.

The congressional baseball game is an annual tradition pitting members of the Democratic and Republican parties against each other. The game is set to take place on Thursday at Nationals Park.

Democratic members of Congress canceled their own baseball practice on Wednesday morning after news broke about the shooting. Many of those lawmakers gathered to pray for their political opponents in a concrete dugout before leaving under the guard of a Capitol Police escort.

As talk in Washington turned to the political ramifications of a high-profile shooting that affected lawmakers, fault lines began to emerge.

‘This kind of mindless violence must stop,’ California Democratic Sen. Dianne Feinstein said in a statement that hinted at her longstanding support for gun-control laws.

‘I’m dedicated to doing all I can to putting an end to these senseless tragedies.’

There was heightened security in the capitol after the shooting on Wednesday morning 

Officers outside the Capitol Building remained alert after the shooting on Wednesday 

Officers outside the Capitol Building remained alert after the shooting on Wednesday

On the other side of the aisle, South Carolina Republican Sen. Lindsey Graham said he doesn’t know who the shooter is ‘or how he got a gun.’

‘We’ve got plenty of gun laws,’ Graham told a Bloomberg reporter. ‘I own a gun. I don’t go around shooting people with it.’

‘People get shot, run over by cars, stabbed, it’s just a crazy world,’ he said. ‘If we had that debate it’d end like it always ends. We’re not going to tell law-abiding people they can’t own a gun because of some nut-job.’

‘One thing I hope we’ll all do is just watch our words a little bit,’ Graham added. ‘Knock down the rhetoric. That’d be a good thing.’

In corners of the U.S. Capitol where business resumed as usual, the shooting seemed to hit home.

‘Several members of this committee were there,’ Republican Rep. Ed Royce of California declared as he convened a hearing featuring Secretary of State Rex Tillerson.

‘This is a sad day for our country.’

‘We still don’t have all the details,’ said Royce, ‘but we do know that there are those who want to use acts of violence to create chaos, to disrupt our democracy.’

‘The American people will not let them win.’

http://www.dailymail.co.uk/news/article-4604130/Steve-Scalise-baseball-gunman-James-T-Hodgkinson-pictured.html#ixzz4k0vcWiAK

THE ‘RESISTANCE’ GOES LIVE-FIRE

The explosion of violence against conservatives across the country is being intentionally ginned up by Democrats, reporters, TV hosts, late-night comedians and celebrities, who compete with one another to come up with the most vile epithets for Trump and his supporters.

They go right up to the line, trying not to cross it, by, for example, vamping with a realistic photo of a decapitated Trump or calling the president a “piece of s—” while hosting a show on CNN.

The media are orchestrating a bloodless coup, but they’re perfectly content to have their low-IQ shock troops pursue a bloody coup.

This week, one of the left’s foot soldiers gunned down Republican members of Congress and their staff while they were playing baseball in Virginia. Democratic Socialist James Hodgkinson was prevented from committing a mass murder only by the happenstance of a member of the Republican leadership being there, along with his 24-hour Capitol Police protection.

Remember when it was frightening for the losing party not to accept the results of an election? During the third debate, Trump refused to pre-emptively agree to the election results, saying he’d “look at it at the time.”

The media responded in their usual laid-back style:

A ‘HORRIFYING’ REPUDIATION OF DEMOCRACY — The Washington Post, Oct. 20, 2016

DENIAL OF DEMOCRACY — Daily News (New York), Oct. 20, 2016 DANGER TO DEMOCRACY — The Dallas Morning News, Oct. 20, 2016

ONE SCARY MOMENT; IT ALL BOILED DOWN TO … DEMOCRACY — Pittsburgh Post-Gazette, Oct. 21, 2016

“(Shock) spiked down the nation’s spinal column last night and today when the Republican nominee threatened that this little election thing you got there, this little democratic process you’ve got here, it’s nice, it’s fine, but he doesn’t necessarily plan on abiding by its decision when it comes to the presidency.” — Rachel Maddow, Oct. 20, 2016

 

“Trump’s answer on accepting the outcome of the vote is the most disgraceful statement by a presidential candidate in 160 years.” — Bret Stephens, then-deputy editorial page editor at The Wall Street Journal

“I guess we’re all going to have to wait until Nov. 9 to find out if we still have a country — if Donald Trump is in the mood for a peaceful transfer of power. Or if he’s going to wipe his fat a– with the Constitution.” — CBS’s Stephen Colbert, Oct. 19, 2016

“It’s unprecedented for a nominee of a major party to themselves signal that they would not accept — you know, respect the results of an election. We’ve never had that happen before. … This really presents a potentially difficult problem for governing …” — MSNBC’S Joy Reid, Oct. 22, 2016

“This is very dangerous stuff … would seriously impair our functioning as a democracy. … This is about as serious as it gets in the United States.” — CNN’s Peter Beinart, Oct. 20, 2016

“Obviously, it’s despicable for him to pretend that there’s any chance that he would not accept the results of this election; it would be — in 240 years you’ve never had anybody do it. …” — CNN’s Van Jones, Oct. 20, 2016

Then Trump won, and these very same hysterics refused to accept the results of the election.

Recently, Hillary announced her steadfast opposition to the winning candidate using a military term, saying she’d joined the “Resistance.”

Imagine if Trump lost and then announced that he’d joined the “RESISTANCE.” He’d be accused of trying to activate right-wing militias. Every dyspeptic glance at an immigrant would be reported as fascistic violence.

But the media seem blithely unaware that the anti-Trump “Resistance” has been accompanied by nonstop militaristic violence from liberals.

When Trump ripped up our Constitution and jumped all over it by failing to concede the election three weeks in advance, CNN ran a segment on a single tweet from a random Trump supporter that mentioned the Second Amendment.

Carol Costello: “Still to come in the ‘Newsroom,’ some Trump supporters say they will refuse to accept a loss on Election Day, with one offering a threat of violence. We’ll talk about that next.”

In CNN’s most fevered dreams about a violent uprising of Trump supporters, they never could have conceived of the level of actual violence being perpetrated by Americans who refuse to accept Trump’s win. (See Hate Map.)

It began with Trump’s inauguration, when a leftist group plotted to pump a debilitating gas into one Trump inaugural ball, military families were assaulted upon leaving the Veterans’ Inaugural Ball, and attendees of other balls had water thrown on them.

Since then, masked, armed liberals around the country have formed military-style organizations to beat up conservatives. In liberal towns, the police are regularly ordered to stand down to allow the assaults to proceed unimpeded.

The media only declared a crisis when conservatives fought back, smashing the black-clad beta males. (“Battle for Berkeley!”)

There is more media coverage for conservatives’ “microaggressions” toward powerful minorities -– such as using the wrong pronoun — than there is for liberals’ physical attacks on conservatives, including macings, concussions and hospitalizations.

And now some nut Bernie Sanders-supporter confirms that it’s Republicans standing on a baseball field, before opening fire.

In the media’s strategic reporting of the attempted slaughter, we were quickly told that the mass shooter was white, male and had used a gun. We were even told his name. (Because it was not “Mohammed.”)

But the fact that Hodgkinson’s Facebook page featured a banner of Sanders and the words “Democratic Socialism explained in 3 words: ‘We the People’ Since 1776” apparently called for hours of meticulous fact-checking by our media.

Did reporters think they could keep that information from us forever?

The fake news insists that Trump’s White House is in “chaos.” No, the country is in chaos. But just like Kathy Griffin and her Trump decapitation performance art — the perpetrators turn around in doe-eyed innocence and blame Trump.

Story 2: 24-Floor Grenfell Tower  London Apartment Building Fire — Towering Inferno — Videos

 

Image result for Grenfell Tower: Massive Building Fire

Grenfell Tower: Massive Building Fire In London! – (Compilation) PART 1

Trapped residents in flames & signaling for help at Grenfell Tower (DISTURBING)

BREAKING NEWS London apartment fire: Inferno engulfs 27-story tower, 200 firefighters on scene

London Apartment Building Smoldering After Fire

Published on Jun 14, 2017

A high-rise apartment building in London is still Wednesday morning smoldering after being engulfed in flames.

LONDON RESIDENTS DEMAND ANSWERS IN DEADLY HIGH-RISE BLAZE


 

LONDON (AP) — With smoke still swirling around the charred remains of Grenfell Tower in west London, residents and community leaders demanded to know Wednesday how a ferocious fire could have swept through the high-rise apartment block with such speed that it killed at least 12 people.

The anger was particularly strong since activists had warned just seven months ago that fire safety procedures were so lax that only a catastrophic blaze would bring the scrutiny needed to make the building safe.

WHAT HAPPENED?

Fire and police officials have not specified what went wrong, but extensive video footage shows the flames climbing the exterior of the building at a remarkable pace.

“I’ve never seen a fire like that in my life,” said Joe Ruane, the former deputy chief fire officer for U.S. Air Force bases in Britain. “I’ve never seen that in a residential block.”

The 24-story public housing complex is owned by the local government council in the borough of Kensington and Chelsea and was completed in the 1970s. It is managed by the Kensington and Chelsea Tenant Management Organization, which spent 10 million pounds ($12.8 million) refurbishing the building over the last two years.

The renovation project included installation of insulated exterior cladding, double-glazed windows and a communal heating system. Investigators need to look at what materials were used in the project and who approved their use, Ruane said. But he said the speed with which the fire spread suggests that more than one fire protection safeguard failed.

“It’s not just one thing,” Ruane said. “It’s multiple issues.”

WHAT WAS THE FIRE PROCEDURE AT THE BUILDING?

Some residents suggested that Grenfell Tower’s policies were to blame for the disaster.

A newsletter put out by the building’s tenant organization told tenants to follow a “stay put” policy and remain in their apartments during a fire unless the blaze was inside their apartment or in their hallway or until they were told to evacuate by officials.

This policy is in place “because Grenfell was designed according to rigorous fire-safety standards,” according to the 2014 newsletter about the renovation project. New front doors in each apartment could withstand a fire for up to 30 minutes, “which gives plenty of time for the fire brigade to arrive,” the newsletter said.

That policy, often followed in high-rise hotels, may be effective in lesser fires. In this case, however, the fire seemed to climb the exterior of the tower so quickly that it overwhelmed protective systems like fire doors. People who initially remained in place may have been unable to escape later because the hallways and fire escapes were filled with heavy smoke and flames.

The London Fire Brigade said crews were on the scene within six minutes of the first reports of the fire, but they were unable to reach people on higher floors to prevent fatalities.

WHO IS TO BLAME?

While investigations are underway to determine what went wrong, tenants said repeated complaints were ignored. Survivor Edward Daffarn said the Kensington and Chelsea Tenant Management Organization, or KCTMO, which manages the Grenfell Tower as well as other buildings in the area, is responsible because it ignored numerous warnings.

The management organization’s annual accounts for the year ending March 31, 2016, indicate that the company has been cited for fire-safety issues in the past.

Following an October 2015 arson fire at one of the buildings it manages, the 14-story Adair Tower, the London Fire Brigade issued an enforcement notice to install self-closing devices on the front doors of all 78 apartments and to improve fire safety in staircases used for escape, the organization said in the report.

The Fire Brigade issued a similar notice for another KCTMO-managed building, Hazelwood Tower. The upgrades were scheduled to be completed by 2016, the report said.

The Grenfell Tower disaster is uncomfortably similar to a fast-moving blaze at another London-area public housing project, Lakanal House, that killed six people, including three children, eight years ago. In that July 2009 fire, smoke and flames quickly engulfed the 14-story building. A coroner’s inquest found that a series of failures contributed to the loss of life and made a number of recommendations to help prevent future disasters.

Investigators probing the Grenfell Tower fire will have to look at which of those recommendations were implemented in the building and which were not, said Jim Fitzpatrick, a former firefighter who now serves in the House of Commons.

“These will be matters for the scientists and the engineers … to find out exactly how the fire started, why it spread so quickly and what could have been done to prevent it,” Fitzpatrick told Sky News.

A local community organization, the Grenfell Action Group, had warned about fire dangers at the building since 2013. In a series of blog posts, the group raised concerns about testing and maintenance of fire-fighting equipment and blocked emergency access to the site.

“All our warnings fell on deaf ears, and we predicted that a catastrophe like this was inevitable and just a matter of time,” the group said in a blog post Wednesday.

KCTMO said it is cooperating with investigators and that it was aware of tenant complaints. “We always take all concerns seriously and these will form part of our forthcoming investigations,” it said in a statement.

The Kensington and Chelsea Council promised a full investigation into Wednesday’s tragedy and a public accounting. The UK government also ordered checks at tower blocks that have had or are going through similar renovations as those at Grenfell Tower.

 

 

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The Pronk Pops Show 909, June 12 2017: Story 1: American People March Against Sharia Law — Videos — Story 2: President Trump On New Infrastructure and Regulation: Public Private Partnerships or Crony Capitalism?

Posted on June 12, 2017. Filed under: American History, Blogroll, Breaking News, Coal, Countries, Crime, Defense Spending, Donald J. Trump, Elections, Government Spending, History, Human, Iran Nuclear Weapons Deal, Iraq, Islam, Islamic Republic of Iran, Islamic State, Law, Libya, Life, Middle East, Natural Gas, News, Obama, Oil, People, Photos, Politics, Polls, President Trump, Pro Life, Progressives, Raymond Thomas Pronk, Religion, Resources, Rule of Law, Success, Terror, Terrorism, United Kingdom, United States Constitution, United States of America, Videos, Violence, War, Wealth, Wisdom, Yemen | Tags: , , , |

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Image result for america's infrastructure report cardImage result for americans marching against sharia law 10 june 2017Image result for cartoon's trump's infrastructure planImage result for trump speech at department of transportation June 8, 2017

 

Story 1:  American People March Against Sharia Law — Vidoes —

What Is Sharia Law?

What Is Sharia?

Sharia Law 101 – the essential statistics

Sharia Law In America‽

Before and After Sharia Law: A Cautionary Tale

 

TRUMP SUPPORTERS ENGAGE ANTIFA IN SAN BERNARDINO. SAY NO TO SHARIA LAW

San Bernardino March Against Sharia

San Bernardino March Against Sharia 2

 

Brigitte Gabriel: “We will not be silenced”

Sharia Law In America‽

BREAKING : Trump Voters UNITE to Stop Sharia Law. Will You Support?

1400 shocking years of Islam in 5 minutes – Muslims are scared of this!!!

ACT for America Stages Marches Against ‘Sharia Law’ Nationwide, Arrests Made

Demonstrations against Islamic law led to arrests, tense confrontations and physical fights in some U.S. cities Saturday amid several rallies sponsored by ACT for America, which the Southern Poverty Law Center designates as an anti-Muslim hate group.

The “March Against Sharia” was scheduled to take place in more than 20 cities, including New York, Dallas and Atlanta, and was projected to be ACT for America’s largest protest against Islam.

Cathy Camper
Cathy Camper, of Tacoma, Wash., wears a stars-and-stripes cowboy hat as she protests against Islamic law at a rally on June 10, 2017, in Seattle, as counter-protesters demonstrate across the street.Ted S. Warren / AP

In some cities, the rallies were met by counter-demonstrators. Seven people were arrested during demonstrations at the Minnesota State Capitol in St. Paul, but no injuries were reported, state police said.

In Seattle, police said officers deployed pepper spray to “break up a large fight” and arrested three near Occidental Park following the protests downtown.

At the end of the rally, a group returned to the park where the melee erupted, according to a police statement. Officers used pepper spray to disperse the crowd and arrested one woman and two men for obstruction, it added.

NBC affiliate KING 5 reported that hundreds of demonstrators had marched in downtown to support Muslims and confront a few dozen people who took part in the ACT for America demonstration at City Hall.

“We are not anti-Muslim. We are anti-radical Islam,” said a March Against Sharia speaker outside City Hall, according to the station.

The other group, Seattle Stands with our Muslim Neighbors, began their demonstration in Occidental Square before making their way to City Hall.

“Muslims are welcomed here,” some chanted.

In New York City, about 100 protesters and more than 200 counter-protesters traded words in downtown Manhattan as police officers stood between the groups. While they were speaking, counter-protesters were trying to drown them out using bullhorns and noise makers.

ACT for America says that Sharia law — or Islamic law — is incompatible with Western democracy, and that the marches “are in support of basic human rights for all.”

The organization said this week it was canceling an event in Arkansas “when we became aware that the organizer is associated with white supremacist groups.”

“This is against all of our values,” ACT for America said in a statement Thursday. It said the Arkansas event may go forward anyway, but should not be considered sanctioned by the group.

The nationwide “March Against Sharia” first gained widespread attention when Ted Wheeler, the mayor of Portland, Oregon, moved to stop the local chapter from rallying. Wheeler’s decision came after two men were fatally stabbed as they tried to protect two women — one of whom was wearing a headscarf — from an anti-Muslim tirade.

Image: Counter-protesters hold signs and shout slogans during an anti-Sharia rally in Seattle
Counter-protesters hold signs and shout slogans during an anti-Sharia rally in Seattle, Washington, on June 10, 2017.David Ryder / Reuters

The organizers of Portland parade eventually changed the venue to Seattle, citing “safety concerns” in Oregon’s largest city.

In front of the Trump building in downtown Chicago, about 30 protesters and President Donald Trump supporters shouted slogans and held signs reading “Ban Sharia” and “Sharia abuses women,” according to the Associated Press. About twice as many counter-protesters marshaled across the street.

At a rally on the steps of the Pennsylvania state capitol in Harrisburg, the atmosphere was tense, according to Reuters.

Barricades and a heavy police presence, including officers mounted on horses, separated about 60 anti-Sharia demonstrators from an equal number of counter-protesters, most of them in black masks and hoods, Reuters reported. Nearly a dozen men carrying sidearms belonging to the anti-government Oath Keepers were on hand, invited by ACT to provide security.

ACT for America, which has over 525,000 members and has boasted of its close ties to President Donald Trump, is organizing the marches. It has been considered a hate group by Southern Poverty Law Center for several years.

Counter demonstrators yell towards a nearby rally protesting Islamic law Saturday, June 10, 2017, in New York.Craig Ruttle / AP

“ACT demonizes all Muslims as terrorists who want to subvert the political system in this country,” said Heidi Beirich, director of the Intelligence Project at the Southern Poverty Law Center. They disseminate lies and fallacies about Muslims to spread fear about the religion, she added.

The Islamaphobic organization has gained significant momentum since its founding in 2007 by Brigitte Gabriel, a Lebanese immigrant who has openly called Islam inconsistent with U.S law.

“A practicing Muslim who believes the word of the Quran to be the word of Allah … who goes to mosque and prays every Friday, who prays five times a day — this practicing Muslim, who believes in the teachings of the Koran, cannot be a loyal citizen of the United States,” said Gabriel during a course at the Department of Defense’s Joint Forces Staff College in 2007.

ACT for America did not return requests for comment from NBC News.

“These marches are concerning because of what they will mean to the Muslim community,” Beirich said. “When an organization propagandizes an entire community, it tends to embolden some people to commit hate crimes.”

Play
FROM MAY 29: Portland Mayor Asks Alt-Right Group to Cancel Rallies 5:20

But ACT, which brands itself as “the NRA of national security,” protecting “America from terrorism,” said in a statement that the upcoming march is about “human rights” and protecting women and children from Sharia — or the religious principals forming part of the Islamic tradition — which they say is quietly taking a hold of U.S law.

ACT initiated the “Stop Shariah Now” campaign in 2008. The SPLC said the group’s website described its mission “to inform and educate the public about what Shariah is, how it is creeping into American society and compromising our constitutional freedom of speech, press, religion and equality what we can do to stop it.”

More than 13 states have introduced bills banning Sharia law as a result of the campaign, Beirich said.

“It is absolutely impossible for any religious law to take over U.S. law,” Beirich said. “The Constitution stops it, there is a separation of church and state,” she said.

Image: Brigitte Gabriel speaking for ACT for America.
Brigitte Gabriel, head of the organization, speaking for ACT for America.ACT for America via Facebook

Another staple of the group is the Thin Blue Line Project, which is a “Radicalization Map Locator” that lists the addresses of almost every Muslim Student Association (MSA) in the country, as well as a number of mosques and Islamic institutions. The project, accessible only to pre-registered law enforcement, describes itself as a “one-stop internet resource for information concerning the perceived threat of Muslim infiltration and terrorism in the country,” according to the SPLC.

The organization also forbids any interfaith dialogue with Muslims based on their suspicion that all members of the faith are connected to the Muslim Brotherhood, an established international political Islamist group founded in 1928.

“If you or someone you know is aware of a church or synagogue involved in or considering interfaith outreach, please warn them about organizations and individuals connected to the Muslim Brotherhood,” the organization said in a 2012 statement.

The group campaigned hard for Donald Trump, and after he won the election, they boasted of having a “direct line” to the president.

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Gabriel even visited the White House and tweeted she was going there for a meeting.

The White House did not return requests confirming a meeting with Gabriel.

Former national security adviser Michael Flynn and current Trump adviser Walid Phares are ACT board advisers, according to the organization. And CIA director Mike Pompeo is “steadfast ally,”said Gabriel in a letter to her base.

The nationwide march is one of the largest coordinated efforts by the ACT, despite a small expected turnout based on the event’s Facebook page.

As of Friday afternoon, only 50 individuals said they are going in Atlanta, 64 in Indianapolis, and 68 in Chicago, on the event’s social media page.

The largest number of people interested are in San Bernardino, with 231 slated to join.

“The protest being planned … by a designated hate group are only designed to fan the flames of hatred and promote xenophobia incidents like what happened in Portland across this country. This is not a rally FOR anything; it’s a rally AGAINST Muslims and American values,” said Rabiah Ahmed, a spokeswoman for the Muslim Public Affairs Council.

“We know that the views expressed by these hate groups do not reflect the vast majority of Americans,” she added, “and we know that groups like this are only blinded by their extreme hate and ignorance.”

 

Story 2: President Trump On New Infrastructure and Regulation: Public Private Partnerships or Crony Capitalism? 

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

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Image result for cartoons jame comey is a leaker

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Image result for branco cartoons jame comeyImage result for cartoons jame comey is a leaker

 

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The ‘Independent’ Mr. Comey

His prepared testimony shows why he deserved to be fired.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Appeared in the June 8, 2017, print edition.

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

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

COMEY SAYS HE WAS FIRED BECAUSE OF RUSSIA INVESTIGATION


AP Photo
AP Photo/Andrew Harnik

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

Comey had far more contact with Trump than with Obama.

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

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

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

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

Comey did not perceive any interference on the Russia front.

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

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

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

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

Comey never told Sessions about his concerns.

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

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

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

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

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

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

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

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

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

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

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

Comey feared Trump wanted a “patronage relationship.”

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

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

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

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

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

Obstruction of justice

From Wikipedia, the free encyclopedia

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

Legal overview

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

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

Notable examples

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

Obstruction trends

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

The text of the statute is relatively straightforward:

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

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

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

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

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

See also

Footnotes

External links

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

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

 

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ELECTION 2017 RESULTS

UK results

Show
previous

SeatsVotes

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

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

 

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

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

~President Ronald Reagan

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

“Prosperity is the best protector of principle.”

~ Mark Twain

Trump launches week focused on improving US infrastructure

President Trump’s Plan to Rebuild America’s Infrastructure

President Trump Participates in the Roads, Rails, and Regulatory Relief Roundtable

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

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The Pronk Pops Show Podcasts

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

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

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FISA: 702 Collection

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

How the Senate hearing on surveillance turned into a Russia hearing

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

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

Heinrich Questions Top Intelligence Officials In Senate Intel Committee Hearing

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

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

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

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

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

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

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

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

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

Rand Paul on Obama Illegally Spying on Americans | NSA Wiretapping

Section 702 of the FISA Amendments Act

FISA Hearing – Sec 702 Intel Surveillance – IMPORTANT

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

Bill Binney explodes the Russia witchhunt

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

NSA Whistleblower Bill Binney on Tucker Carlson 03.24.2017

NSA Whistleblower Bill Binney On 9/11

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

NSA Whistleblower William Binney: The Future of FREEDOM

State of Surveillance: Police, Privacy and Technology

The Fourth Amendment Explained: US Government Review

Why We’re Losing Liberty

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

Rand Paul Shames Homeland Security on Spying on Americans

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

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CHUCK ROSS
Reporter

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

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

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

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

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

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

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

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

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

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

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

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

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

MAY 7, 2014

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

FISA Authority and Blanket Surveillance: A Gatekeeper Without Opposition

Vol. 40 No. 3

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

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

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

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

 

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

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

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

 

The History of FISA

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

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

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

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

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

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

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

 

Purposes of FISA

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

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

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

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

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

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

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

The Protect America Act of 2007

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

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

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

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

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

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

 

Time to Address Problems

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

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

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

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

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

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

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

Without such a process, the court and the Department of Justice must work through difficult legal issues with no balancing input. An advocate could participate in all cases involving a new statute or authority or a new interpretation or application of an existing authority. The special advocate could choose the cases in which to be involved, or the court or