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The Pronk Pops Show 918, June 26, 2017, Story 1: Supreme Court 9-0 Decision Backs President Trump’s Travel Ban With Temporary Stay But Allows Refugees With A “Bona Fide” Relationship With Legal U.S. Residents To Enter U. S. — Will Hear Case In The Fall whether or not the travel ban is constitutional — Videos — Story 2: Supreme Court Rules in 7-2 Decision State Funding For Religious School Can Use Taxpayer Funds For Playground — Videos — Story 3: American People Optimistic As Consumer Confidence Increases — Awaiting The Trump Tax Cut and Total Repeal Of Obamacare — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 918,  June 26, 2017 

Pronk Pops Show 917,  June 22, 2017

Pronk Pops Show 916,  June 21, 2017

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

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

Image result for supreme court decisions june 26, 2017

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Image result for supreme court decisions june 26, 2017

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Story 1: Supreme Court 9-0 Decision Backs President Trump’s Travel Ban But Allows Refugees With A “Bona Fide” Relationship With Legal U.S. Residents To Enter U. S. — Will Hear Case In The Fall whether or not the travel ban is constitutional — Videos —

US Supreme Court allows part of Trump travel ban to go into effect – BBC News

Part of Trump’s travel ban will go into effect

Supreme Court travel order decision is a Trump win: Fmr. Rep. Hoekstra

Panel Discusses: Supreme Court Allows Part of Trump Travel Ban to Take Effect

Here’s what the Supreme Court ruling on Trump’s travel ban means

Why the travel ban ruling is a political win for Trump

Hume: Admin is in ‘pretty good shape’ with travel ban case

Supreme Court to Hear Trump’s Travel Ban, Orders Temporary Stay

Varney & Co : Sekulow: Trump travel ruling a huge win for administration : 6/26/2017

It’s an absolutely boffo slam dunk for Trump in SCOTUS travel ban case.

Lionel on SCOTUS Travel Ban Decision Inter Alia

Ben Shapiro: Supreme Court’s decisions on Trump’s travel ban & public funds for churches

The Democrat Vitriol Boomerang! Pres Trump Stronger Than Ever!

Trump claims ‘clear victory’ after Supreme Court says his ‘Muslim’ travel ban can go into effect NOW against people without U.S. ties

  • Supreme Court justices will act on Trump’s travel ban in the fall, and allowed a major part of it to go into effect immediately
  • Refugees and others from six Muslim-majority countries who already have a ‘bona fide relationship’ with legal U.S. residents will be allowed to come
  • While the case is pending, the lower court’s injunction will apply only to those people who have no U.S. ties
  • Rumors also abound in Washington, DC that Supreme Court Justice Anthony Kennedy, 80, may announce his retirement on Monday
  • Trump and press secretary Sean Spicer both called the outcome a ‘9-0’ decision, although the court didn’t say how large a majority of the justices approved it

President Donald Trump took a victory lap on Monday after the Supreme Court restored most of his executive order banning incoming travel from six terror-prone countries.

‘Today’s unanimous Supreme Court decision is a clear victory for our national security,’ the president said in a statement shortly after the high court ruled. ‘It allows the travel suspension for the six terror-prone countries and the refugee suspension to become largely effective.’

The Supreme Court said it will decide in the fall whether or not the travel ban is constitutional. Liberal state attorneys general have argued that it amounts to a religious test for entry into the U.S. since the affected countries all have Muslim majorities.

The court said that while the wheels of justice turn, the Trump administration can enforce the executive order against anyone from those nations who doesn’t already have a ‘bona fide relationship’ with a U.S. citizen or legal resident.

The stopgap measure, announced Monday morning, is largely a victory for Trump, who will be allowed – at least temporarily – to stem the flow of immigrants and refugees from Iran, Libya, Somalia, Sudan, Syria and Yemen.

Trump has said he would put his ban into effect 72 hours after the Supreme Court gives him a green light.

Technically, the justices left a lower court injunction in place, but only for people whose cases mirror those of the original plaintiffs – meaning ‘foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.’

‘All other foreign nationals are subject to the provisions of [the executive order],’ the court ruled.

President Donald Trump won a major victory – at least for now – on Monday, as the Supreme Court allowed him to enforce most of his travel ban against people from six terror-prone and Muslim-majority countries

President Donald Trump won a major victory – at least for now – on Monday, as the Supreme Court allowed him to enforce most of his travel ban against people from six terror-prone and Muslim-majority countries

Supreme Court justices decided to limit the reach of a lower court’s injunction against Trump’s travel ban, allowing much of it to take affect – at least until the high court hears the case formally in the fall

There are rumors that Supreme Court Justice Anthony Kennedy, 80, could announce his retirement from the bench as soon as this week

There are rumors that Supreme Court Justice Anthony Kennedy, 80, could announce his retirement from the bench as soon as this week

Trump framed the decision as a win for national security, mirroring his claims that controlling travel entries is a vital anti-terror tool.

‘As President, I cannot allow people into our country who want to do us harm,’ he said Monday. ‘I want people who can love the United States and all of its citizens, and who will be hardworking and productive.’

‘My number one responsibility as Commander in Chief is to keep the American people safe. Today’s ruling allows me to use an important tool for protecting our Nation’s homeland.’

White House press secretary Sean Spicer told reporters in an off-camera news briefing that Trump was ‘honored’ by Monday’s result which ‘allowed him to use an important tool to protect our nation’s homeland.’

Like Trump, he referred to the outcome as a ‘9-0’ decision.

Asked how that can be accurate when the Supreme Court did not publish a list of how many justices approved, he said he would check with the White House counsel’s office for clarification.

‘We’ll probably have further guidance for you as it becomes available,’ Spicer said.

White House press secretary Sean Spicer defended the travel ban and the Supreme Court ruling, but punted on a question about why the president called it a 9-0 ruling

White House press secretary Sean Spicer defended the travel ban and the Supreme Court ruling, but punted on a question about why the president called it a 9-0 ruling

PRESIDENT TRUMP REACTS

‘Today’s unanimous Supreme Court decision is a clear victory for our national security. It allows the travel suspension for the six terror-prone countries and the refugee suspension to become largely effective.

‘As President, I cannot allow people into our country who want to do us harm. I want people who can love the United States and all of its citizens, and who will be hardworking and productive.

‘My number one responsibility as Commander in Chief is to keep the American people safe. Today’s ruling allows me to use an important tool for protecting our Nation’s homeland. I am also particularly gratified that the Supreme Court’s decision was 9-0.’

The media circus that usually accompanies a Supreme Court decision day was evident this morning in Washington outside the high court

The media circus that usually accompanies a Supreme Court decision day was evident this morning in Washington outside the high court

Trump insisted the decision to lift most of a lower court's 'stay' against his travel ban was a unanimous one, but the administration hasn't substantiated that claim

Trump insisted the decision to lift most of a lower court’s ‘stay’ against his travel ban was a unanimous one, but the administration hasn’t substantiated that claim

Democratic National Committee chairman Tom Perez lashed out at the administration for proposing the ban in the first place.

‘Donald Trump’s Muslim ban is an unconstitutional and un-American assault on our country’s foundation of religious freedom,’ Perez said in a statement.

‘As a nation, our diversity is our greatest strength, and we cannot allow such prejudice to shut the doors of progress. Democrats will continue to fight this hatred every step of the way.’

But Attorney General Jeff Sessions called the ruling ‘an important step towards restoring the separation of powers’ between the White House and the federal courts.

‘We have seen far too often in recent months that the threat to our national security is real and becoming increasingly dangerous,’ he added.

‘Groups like ISIS and al Qaeda seek to sow chaos and destruction in our country, and often operate from war-torn and failed countries while leading their global terror network. It is crucial that we properly vet those seeking to come to America from these locations, and failing to do so puts us all in danger.’

The administration has said the ban was needed to allow an internal review of the screening procedures for visa applicants from the six relevant countries.

That review should be complete before October 2, the first day the justices could hear arguments in their new term.

Trump launched a nationwide controversy by signing an executive order a week after his inauguration, barring the entry of refugees and other travelers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen; Iraq was removed from a second version that the high court will review

Trump launched a nationwide controversy by signing an executive order a week after his inauguration, barring the entry of refugees and other travelers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen; Iraq was removed from a second version that the high court will review

The Supreme Court could have a vacancy by the time that autumn session rolls around, if Justice Anthony decides to retire as some expect.

Kennedy did not use the occasion of Monday’s scheduled high court announcements to say he would be stepping down.

But if he does, President Donald Trump will have a second pick in the first months of his administration. Kennedy’s departure could also allow conservatives to take firm control of the court.

Kennedy turns 81 next month and has been on the court for nearly 30 years. Several of his former law clerks have said they think he is contemplating stepping down in the next year or so.

Washington was abuzz with talk this weekend that President Donald Trump may soon have another chance to nominate a judge to the highest court in the land.

If the speculation pans out, that would give Trump his second high court pick in the first months of his administration.

The famed 'running of the interns' was a familiar sight on Monday as young staffers to news agencies hurried to bring written case decisions to their reporters and producers

The famed ‘running of the interns’ was a familiar sight on Monday as young staffers to news agencies hurried to bring written case decisions to their reporters and producers

 President Trump’s travel ban will head to the Supreme Court

Kennedy did not address the retirement rumors when he and his clerks gathered over the weekend for a reunion, according to three clerks who were there. The decision to push up the reunion by a year helped spark talk he might be leaving the court.

Kellyanne Conway, senior counselor to President Trump, declined Monday to join in on the conjecture.

‘That is totally Justice Kennedy’s decision and he has served for 30 years, almost 30 years, with distinction and care on the Court and that is entirely his decision,’ she said on Fox & Friends.

‘I do know that the president, when he appointed Neil Gorsuch, made very clear that at any time that he gets a federal appointment, whether it’s the Supreme Court level of the District courts the circuit courts, he will appoint people who have fidelity to the Constitution, they won’t legislate from the bench, make it up as they go along.’

Conway had declined to say in a Sunday interview whether the president and Kennedy had discussed retirement.

‘I will never reveal a conversation between a sitting justice and the president or the White House, but we’re paying very close attention to these last bit of decisions,’ she said on ABC News.

The original travel ban executive order triggered worldwide outrage as well as protests (above) in the United States like this one at New York City’s John F. Kennedy International Airport

In 2015, Kennedy wrote the majority opinion in Obergefell v. Hodges, the landmark case legalizing same sex marriage be made legal nationwide. Madeleine Troupe of Houston, Texas, wipes tears of joy after the Supreme Court legalized same sex marriage on June 26, 2015

In 2015, Kennedy wrote the majority opinion in Obergefell v. Hodges, the landmark case legalizing same sex marriage be made legal nationwide. Madeleine Troupe of Houston, Texas, wipes tears of joy after the Supreme Court legalized same sex marriage on June 26, 2015

If Kennedy does retire, that means President Donald Trump would be able to nominate a second justice to the bench. Trump is seen above during the swearing-in of his first nominee, Neil Gorsuch, at the White House on April 10, 2017

Justice Kennedy, who is known as a moderate Republican, was nominated by then-President Ronald Reagan in 1987.

Since Sandra Day O’Connor retired in 2006, Kennedy has been the key swing vote on a number of 5-4 decisions.

In 2015, Kennedy wrote the majority opinion in Obergefell v. Hodges, the landmark case whose ruling mandated that same sex marriage be made legal nationwide.

The concluding paragraph of Kennedy’s 28-page majority opinion was even used by many same sex and heterosexual couples alike as their wedding vows.

‘No union is more profound than marriage,’ Kennedy’s opinion says, ‘for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than once they were.’

Several of his former law clerks have said they think he is contemplating stepping down in the next year or so.

Kennedy and his clerks were gathering over the weekend for a reunion that was pushed up a year and helped spark talk he might be leaving the court.

‘Soon we’ll know if rumors of Kennedy’s retirement are accurate,’ one former Kennedy clerk, George Washington University law professor Orin Kerr, said on Twitter Friday.

http://www.dailymail.co.uk/news/article-4640028/Supreme-Court-act-travel-ban-Kennedy-retire.html#ixzz4l9IuSa5T

Story 2: Supreme Court Rules in 7-2 Decision State Funding For Religious School Can Use Taxpayer Funds For Playground — Videos

 

U.S. Supreme Court Rules In Religious Rights Case

Supreme Court Rules Religious School Can Use Taxpayer Funds For Playground

The Supreme Court’s big announcements on religion

 

Story 3: American People Optimistic As Consumer Confidence Increases — Awaiting The Trump Tax Cut and Total Repeal Of Obamacare — Videos

Image result for  cartoons trumpcare

Good Question: How Is Consumer Confidence Measured?

Consumer Confidence Numbers Fall; No Reason To Worry, Still A Good Number

Declining oil prices good for the U.S. economy?

Oil price will see ‘further softness’ before rising through to the end of 2017 | IG

Surprise! Trumps Healthcare is Effectively Obamacare Lite. Conservative Critics Slam Plan

Shields and Brooks on the Senate health care bill unveiled, Trump’s tape clarification

CBO score: 22 million more uninsured under Senate health bill

Rand Paul on the Senate health care bill: Republicans ‘promised too much’ that they ‘can’t provide’

Sen. Rand Paul: We shouldn’t try to fix government intervention with more intervention. – 6/22/17

Fox host shreds Katrina Pierson for attacking anti-Trumpcare GOP senator

Secretary Price Applauds Senate Proposal to Repeal and Replace Obamacare

GOP health care bill will ruin the Republican Party: Ann Coulter

New MSNBC Host Begs Republican To Pass Trumpcare NOW

LYING republican senator gets DEBUNKED on Health care by Democrats 6/22/2017

America’s rising consumer confidence mostly due to the elderly and less-educated

After more than a decade of disappointment, American consumers are now more hopeful than at any point since the housing bubble:

Those who think surveys of expectations have predictive power for spending and saving might therefore conclude the uptick bodes well for America’s growth outlook. However, a closer look at who exactly is excited about the future suggests there is less here than meets the eye.

Deutsche Bank’s Torsten Slok points out that the improvement in expectations is entirely due to Americans without a college degree, rather than those with greater spending power and higher earning potential. Americans with degrees have been getting steadily less optimistic since mid-2015:

Americans without degrees are as optimistic now as they’ve ever been since the survey began nearly four decades ago. Only the peak of the tech bubble compares. By contrast, Americans with degrees are about as confident in the future as they were in September 2007, when the credit crisis had already begun:

The shift since the election looks even starker if you look at the gap in expectations across the two groups over time. The change since November 2016 is unprecedented:

Slightly less dramatic, but nevertheless revealing, is the change in expectations among younger people, who have their most productive years ahead of them, relative to older people, who do not.

Since the start of 2015, the outlook among the young has deteriorated sharply, albeit from a high base. Meanwhile, the expectations of Americans ages 55 and older have soared in the wake of the election to their highest level in more than fifteen years:

(Those in the prime of their working and spending years have had essentially unchanged expectations since the end of 2014.)

It’s less clear what these changes in “expectations” mean for what people will actually do, however. Consumers across the age and education distribution haven’t changed their views since the election when asked whether it’s a good or bad time to buy big-ticket items such as furniture, televisions, appliances, or cars:

By contrast, Americans seem less inclined to think “now is a good time to buy a house”. This was true across all education groups, although it is particularly severe among those who never made it past high school:

(Americans with better education seem to have appreciated that the best time to buy was when prices bottomed in 2012, and that buying has become steadily less attractive as mortgage rates and house prices have both increased.)

Americans over 35 have had more stable views on the housing market than the young. Those under 35 have become far more pessimistic about housing since 2015:

To recap:

The groups responsible for the aggregate change in sentiment are the least likely to experience big real wage increases and therefore the least likely to boost their spending. Moreover, they appear unwilling to translate their vague optimism about the future into specific expectations about behaviour.

So even if those expectations were reliable guides to the actual choices people make — something strongly debated among forecasters — there is little reason to believe the “Trump bump” in consumer sentiment is a harbinger for sharply rising real spending.

Related links:
NY Fed research implies small business expectations are mostly worthless — FT Alphaville
Global surveys or hard data – which are the fake news? — Gavyn Davies

https://ftalphaville.ft.com/2017/05/02/2188069/americas-rising-consumer-confidence-mostly-due-to-the-elderly-and-less-educated/?mhq5j=e1

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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

Posted on June 19, 2017. Filed under: American History, Blogroll, Breaking News, Communications, Congress, Constitutional Law, Countries, Crime, Culture, Defense Spending, Diet, Donald J. Trump, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Education, Empires, Exercise, Food, Foreign Policy, Former President Barack Obama, Freedom of Speech, Government Spending, Health, Health Care, History, House of Representatives, Human, Human Behavior, Independence, Japan, Language, Law, Life, Lying, Media, Medicine, National Interest, News, North Korea, Obama, People, Philosophy, Photos, Politics, Polls, President Trump, Progressives, Raymond Thomas Pronk, Resources, Scandals, Security, Senate, Social Science, South Korea, Success, Taxation, Taxes, Terror, Terrorism, Unemployment, United States of America, Videos, War, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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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

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

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

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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

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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

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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

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The Pronk Pops Show 911, 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 Officers, 1 Congressional Staffer and 1 Lobbyist and Two Others Had Secondary Injuries  — The Assailant Was Killed By Police Officers — Game On — Videos — Story 2: 24-Floor Grenfell Tower  London Apartment Building Fire — Towering Inferno — Videos

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 Image result for republican baseball game shooterImage result for republican baseball game shooter

 

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.

https://www.facebook.com/plugins/post.php?app_id=&channel=http%3A%2F%2Fstaticxx.facebook.com%2Fconnect%2Fxd_arbiter%2Fr%2F0F7S7QWJ0Ac.js%3Fversion%3D42%23cb%3Df3cf26bdc5c130c%26domain%3Dwww.nbcnews.com%26origin%3Dhttp%253A%252F%252Fwww.nbcnews.com%252Ff2503410f4b1c7%26relation%3Dparent.parent&container_width=350&href=https%3A%2F%2Fwww.facebook.com%2Factforamerica%2Fphotos%2Fa.441861226363.238280.50783931363%2F10153252037226364%2F%3Ftype%3D3%26theater&locale=en_US&sdk=joey&width=350

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? 

“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

President Trump’s Plan to Rebuild America’s Infrastructure

Donald Trump: An American Crony Capitalist?

Is Trump’s $1 Trillion Infrastructure Plan A Scam?

How Trump’s Trillion-Dollar Infrastructure Plan Could Succeed

Trump launches week focused on improving US infrastructure

President Trump Participates in the Roads, Rails, and Regulatory Relief Roundtable

President Trump Full Speech @ Department of Transportation 6/9/17

Trump’s full Transportation Department speech

President Trump Hosts Infrastructure Summit with Governors and Mayors

Vice President Pence Gives Remarks at an Infrastructure Summit

Image result for trump's infrastructure plan

 

Image result for 2015 america's infrastructure report card

 

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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 a provider that receives process could request its involvement where an opposition would be useful to test and evaluate the government’s legal arguments. The special advocate’s office could be established with proper security safeguards to draft, store, and access classified records more efficiently. It could also be required to report to the public and Congress the number of cases it has argued and how often it has limited or pared back the government’s requests. It would provide a vital counterpoint for legislators exercising their oversight duties.

The special advocate would be especially useful in cases in which the government demands access to communications in a way that may have a profound effect on people other than the target, such as when decryption may be involved or when a provider is asked to provide assistance in ways that are unlike traditional wiretaps.

Providing for an advocate in front of the court would also resolve several problems for companies and individuals faced with receiving FISA process or having evidence gathered using that process used against them. The statutory process as it stands now does not necessarily provide for complete transparency or a level playing field for the provider. As the published decision in In re Directives makes clear, a phalanx of 11 government lawyers, including the acting solicitor general of the United States, was involved in defending the statute. The decision also shows that some of the documents relied on by the court of review were classified procedures submitted as part of an ex parte appendix that remains sealed. 551 F.3d at 1013–14.

If an advocate were present in other matters before the FISC, the government and court would be more likely to provide more public information on what challenges have and have not been successful. Public access would also provide litigators with a much greater opportunity to use those challenges in advising and defending their clients. The FISC’s decisions may or may not have been correct, depending on your view, but the secrecy employed up to this point erodes the safeguards built into our adversarial court system. The presence of an advocate would help to ensure that the government cannot continue to keep new opinions classified, unless it is truly in the interest of national security to do so.

Revising FISA is no easy task, and analyzing and responding to the FISA process presents thorny questions. There is one constant throughout the history of surveillance, as was the case in the Church Report and as is the case today with news reports about NSA surveillance: The government will use the surveillance power it is given to its fullest. This article does not opine on when that is and is not appropriate. America’s long history of surveillance and current events demonstrate a need to revise the process and take a hard look at whether courts have the tools to oversee executive branch surveillance and when the executive branch should be allowed to use foreign intelligence procedures. Introducing an advocate to test the government’s theories and surveillance in every case—even the ones it brings ex parte—would go a long way toward ensuring that the American public is not shocked again.

https://www.americanbar.org/publications/litigation_journal/2013-14/spring/fisa_authority_and_blanket_surveillance_gatekeeper_without_opposition.html

Meet Executive Order 12333: The Reagan rule that lets the NSA spy on Americans

July 18, 2014

John Napier Tye served as section chief for Internet freedom in the State Department’s Bureau of Democracy, Human Rights and Labor from January 2011 to April 2014. He is now a legal director of Avaaz, a global advocacy organization.

In March I received a call from the White House counsel’s office regarding a speech I had prepared for my boss at the State Department. The speech was about the impact that the disclosure of National Security Agency surveillance practices would have on U.S. Internet freedom policies. The draft stated that “if U.S. citizens disagree with congressional and executive branch determinations about the proper scope of signals intelligence activities, they have the opportunity to change the policy through our democratic process.”

But the White House counsel’s office told me that no, that wasn’t true. I was instructed to amend the line, making a general reference to “our laws and policies,” rather than our intelligence practices. I did.

Even after all the reforms President Obama has announced, some intelligence practices remain so secret, even from members of Congress, that there is no opportunity for our democracy to change them.

Public debate about the bulk collection of U.S. citizens’ data by the NSA has focused largely on Section 215 of the Patriot Act, through which the government obtains court orders to compel American telecommunications companies to turn over phone data. But Section 215 is a small part of the picture and does not include the universe of collection and storage of communications by U.S. persons authorized under Executive Order 12333.

From 2011 until April of this year, I worked on global Internet freedom policy as a civil servant at the State Department. In that capacity, I was cleared to receive top-secret and “sensitive compartmented” information. Based in part on classified facts that I am prohibited by law from publishing, I believe that Americans should be even more concerned about the collection and storage of their communications under Executive Order 12333 than under Section 215.

Bulk data collection that occurs inside the United States contains built-in protections for U.S. persons, defined as U.S. citizens, permanent residents and companies. Such collection must be authorized by statute and is subject to oversight from Congress and the Foreign Intelligence Surveillance Court. The statutes set a high bar for collecting the content of communications by U.S. persons. For example, Section 215 permits the bulk collection only of U.S. telephone metadata — lists of incoming and outgoing phone numbers — but not audio of the calls.

Executive Order 12333 contains no such protections for U.S. persons if the collection occurs outside U.S. borders. Issued by President Ronald Reagan in 1981 to authorize foreign intelligence investigations, 12333 is not a statute and has never been subject to meaningful oversight from Congress or any court. Sen. Dianne Feinstein (D-Calif.), chairman of the Senate Select Committee on Intelligence, has said that the committee has not been able to “sufficiently” oversee activities conducted under 12333.

Unlike Section 215, the executive order authorizes collection of the content of communications, not just metadata, even for U.S. persons. Such persons cannot be individually targeted under 12333 without a court order. However, if the contents of a U.S. person’s communications are “incidentally” collected (an NSA term of art) in the course of a lawful overseas foreign intelligence investigation, then Section 2.3(c) of the executive order explicitly authorizes their retention. It does not require that the affected U.S. persons be suspected of wrongdoing and places no limits on the volume of communications by U.S. persons that may be collected and retained.

“Incidental” collection may sound insignificant, but it is a legal loophole that can be stretched very wide. Remember that the NSA is building a data center in Utah five times the size of the U.S. Capitol building, with its own power plant that will reportedly burn $40 million a year in electricity.

“Incidental collection” might need its own power plant.

A legal regime in which U.S. citizens’ data receives different levels of privacy and oversight, depending on whether it is collected inside or outside U.S. borders, may have made sense when most communications by U.S. persons stayed inside the United States. But today, U.S. communications increasingly travel across U.S. borders — or are stored beyond them. For example, the Google and Yahoo e-mail systems rely on networks of “mirror” servers located throughout the world. An e-mail from New York to New Jersey is likely to wind up on servers in Brazil, Japan and Britain. The same is true for most purely domestic communications.

Executive Order 12333 contains nothing to prevent the NSA from collecting and storing all such communications — content as well as metadata — provided that such collection occurs outside the United States in the course of a lawful foreign intelligence investigation. No warrant or court approval is required, and such collection never need be reported to Congress. None of the reforms that Obama announced earlier this year will affect such collection.

Without any legal barriers to such collection, U.S. persons must increasingly rely on the affected companies to implement security measures to keep their communications private. The executive order does not require the NSA to notify or obtain consent of a company before collecting its users’ data.

The attorney general, rather than a court, must approve “minimization procedures” for handling the data of U.S. persons that is collected under 12333, to protect their rights. I do not know the details of those procedures. But the director of national intelligence recently declassified a document (United States Signals Intelligence Directive 18) showing that U.S. agencies may retain such data for five years.

Before I left the State Department, I filed a complaint with the department’s inspector general, arguing that the current system of collection and storage of communications by U.S. persons under Executive Order 12333 violates the Fourth Amendment, which prohibits unreasonable searches and seizures. I have also brought my complaint to the House and Senate intelligence committees and to the inspector general of the NSA.

I am not the first person with knowledge of classified activities to publicly voice concerns about the collection and retention of communications by U.S. persons under 12333. The president’s own Review Group on Intelligence and Communication Technologies, in Recommendation 12 of its public report, addressed the matter. But the review group coded its references in a way that masked the true nature of the problem.

At first glance, Recommendation 12 appears to concern Section 702 of the FISA Amendments Act, which authorizes collection inside the United States against foreign targets outside the United States. Although the recommendation does not explicitly mention Executive Order 12333, it does refer to “any other authority.” A member of the review group confirmed to me that this reference was written deliberately to include Executive Order 12333.

Recommendation 12 urges that all data of U.S. persons incidentally collected under such authorities be immediately purged unless it has foreign intelligence value or is necessary to prevent serious harm. The review group further recommended that a U.S. person’s incidentally collected data never be used in criminal proceedings against that person, and that the government refrain from searching communications by U.S. persons unless it obtains a warrant or unless such searching is necessary to prevent serious harm.

The White House understood that Recommendation 12 was intended to apply to 12333. That understanding was conveyed to me verbally by several White House staffers, and was confirmed in an unclassified White House document that I saw during my federal employment and that is now in the possession of several congressional committees.

In that document, the White House stated that adoption of Recommendation 12 would require “significant changes” to current practice under Executive Order 12333 and indicated that it had no plans to make such changes.

All of this calls into question some recent administration statements. Gen. Keith Alexander, a former NSA director, has said publicly that for years the NSA maintained a U.S. person e-mail metadata program similar to the Section 215 telephone metadata program. And he has maintained that the e-mail program was terminated in 2011 because “we thought we could better protect civil liberties and privacy by doing away with it.” Note, however, that Alexander never said that the NSA stopped collecting such data — merely that the agency was no longer using the Patriot Act to do so. I suggest that Americans dig deeper.

Consider the possibility that Section 215 collection does not represent the outer limits of collection on U.S. persons but rather is a mechanism to backfill that portion of U.S. person data that cannot be collected overseas under 12333.

Proposals for replacing Section 215 collection are currently being debated in Congress. We need a similar debate about Executive Order 12333. The order as used today threatens our democracy. There is no good reason that U.S. citizens should receive weaker privacy and oversight protections simply because their communications are collected outside, not inside, our borders.

I have never made any unauthorized disclosures of classified information, nor would I ever do so. I fully support keeping secret the targets, sources and methods of U.S. intelligence as crucial elements of national security. I was never a disgruntled federal employee; I loved my job at the State Department. I left voluntarily and on good terms to take a job outside of government. A draft of this article was reviewed and cleared by the State Department and the NSA to ensure that it contained no classified material.

When I started at the State Department, I took an oath to protect the Constitution of the United States. I don’t believe that there is any valid interpretation of the Fourth Amendment that could permit the government to collect and store a large portion of U.S. citizens’ online communications, without any court or congressional oversight, and without any suspicion of wrongdoing. Such a legal regime risks abuse in the long run, regardless of whether one trusts the individuals in office at a particular moment.

I am coming forward because I think Americans deserve an honest answer to the simple question: What kind of data is the NSA collecting on millions, or hundreds of millions, of Americans?

https://www.washingtonpost.com/opinions/meet-executive-order-12333-the-reagan-rule-that-lets-the-nsa-spy-on-americans/2014/07/18/93d2ac22-0b93-11e4-b8e5-d0de80767fc2_story.html?utm_term=.0be4d4e8beac

A Primer on Executive Order 12333: The Mass Surveillance Starlet

JUNE 2, 2014

Many news reports have focused on Section 215 of the Patriot Act (used to collect all Americans’ calling records) and Section 702 of the Foreign Intelligence Surveillance Act Amendments Act (FAA) (used to collect phone calls, emails and other Internet content) as the legal authorities supporting much of the NSA’s spying regime. Both laws were passed by Congress and are overseen by the Foreign Intelligence Surveillance Court (FISA court). However, it’s likely that the NSA conducts much more of its spying under the President’s claimed inherent powers and only governed by a document originally approved by President Reagan titled Executive Order 12333. The Senate Select Committee on Intelligence is currently conducting a secret investigation into the order, but Congress as a whole—including the Judiciary committee—must release more information about the order to the public.

EO 12333 was first written in 1981 in the wake of Watergate and the Foreign Intelligence Surveillance Act, an act passed by Congress that regulates spying conducted on people located within the United States. Since FISA only covers specific types of spying, the President maintains that the executive branch remains free to spy abroad on foreigners with little to no regulation by Congress.

Executive Order 12333

The Executive Order does three things: it outlines what it governs, when the agencies can spy, and how they can spy. In broad strokes, the Executive Order mandates rules for spying on United States persons (a term that includes citizens and lawful permanent residents wherever they may be) and on anyone within the United States. It also directs the Attorney General and others to create further policies and procedures for what information can be collected, retained, and shared.

The first section of the order covers the role of every agency conducting intelligence in the Intelligence Community, which includes seventeen different agencies, including well-known entities like the Central Intelligence Agency (CIA) and the NSA, and lesser-known entities like the Office of Terrorism and Financial Intelligence in the Department of Treasury. The roles vary by agency. For instance, the NSA is, among other things, responsible for “collection, processing and dissemination of signals intelligence,” while the CIA is responsible for “national foreign intelligence.

The Information Collected

The Executive Order purports to cover all types of spying conducted with the President’s constitutional powers—including mass spying. That’s important to note because some of the spying conducted under EO 12333 is reportedly similar to the mass spying conducted under Section 702 of the FAA. Under this type of spying, millions of innocent foreigners’ communications are collected abroad, inevitably containing Americans’ communications. In the Section 702 context, this includes techniques like Prism and Upstream. While we don’t know for sure, the Executive Order probably uses similar techniques or piggybacks off of programs used for Section 702 spying.

The second section of the EO partly covers mass spying by establishing what information intelligence agencies can collect, retain, and share about US persons. The current guidelines, the United States Signals Intelligence Directive SP0018, also known as “USSID 18,” are (just like the “minimization procedures” based off of them) littered with loopholes to over-collect, over-retain, and over-share Americans’ communications—all without a probable cause warrant or any judicial oversight.

Defenders (.pdf) of the mass spying conducted under the Executive Order point out the order “protects” such US person information with guidelines like USSID 18, but such protections are window-dressing, at best. Policies like USSID 18 and other accompanying Executive Order guidelines such as the “Special Procedures Governing Communications Metadata Analysis” allow for extensive use of US person information and data without a probable cause warrant. Indeed, news reports and Congressional testimony confirm the “Special Procedures” are used to map Americans’ social networks. The procedures are clear evidence the government believes that Fourth Amendment’s protections stop at the border.

Uses of Executive Order 12333

We do know a little about the spying conducted using EO 12333, but more must be revealed to the public. One early news report revealed it was the NSA’s claimed authority for the collection of Americans’ address books and buddy lists. It’s also involved in the NSA’s elite hacking unit, the Tailored Access Operations unit, which targets system administrators and installs malware while masquerading as Facebook servers. And in March, the Washington Postrevealed the order alone—without any court oversight—is used to justify the recording of “100 percent of a foreign country’s telephone calls.” The NSA’s reliance on the order for foreign spying includes few, if any, Congressional limits or oversight. Some of the only known limits on Executive spying are found in Executive procedures like USSID 18, the metadata procedures discussed above, and probably other still-classified National Security Policy Directives, none of which have been publicly debated much less approved by Congress or the courts.

The extent of the NSA’s reliance on Executive Order 12333 demands that the government release more information about how the order is used, or misused. And Congress—specifically the Judiciary and Intelligence committees—must reassert the same aggressive and diligent oversight they performed in the 1970s and 1980s.

https://www.eff.org/deeplinks/2014/06/primer-executive-order-12333-mass-surveillance-starlet

Maintaining America’s Ability to Collect Foreign Intelligence: The Section 702 Program

May 13, 2016 21 min read Download Report

Authors:Paul Rosenzweig, Charles Stimson andDavid Shedd

Select a Section 1/0

Section 702 of the Foreign Intelligence Surveillance Act (FISA) will, in its current form, come up for reauthorization in 2017. Broadly speaking, the Section 702 program targets non-U.S. persons reasonably believed to be located outside the United States, in order to acquire foreign intelligence. Over the past several years, this surveillance of the online activities of foreigners has been a critical and invaluable tool for American intelligence professionals and officials. Knowledgeable officials note that more than 25 percent of all current U.S. intelligence is based on information collected under Section 702.[1]

Still, there are those who have concerns about the program. These critics believe that the program, as currently implemented, infringes on Americans’ rights. Their concern hinges on the inevitable reality that in the course of collecting information about foreign actors, the Section 702 program will also collect information about American citizens. As a result, some opponents liken the Section 702 program to the government telephony metadata program disclosed by Edward Snowden, and characterize Section 702 as an instance of government overreach.[2] Such comparisons are misguided and unfair. The program is so vital to America’s national security that Congress should reauthorize Section 702 in its current form.

Section 702 Explained

Section 702 has its origins in President George W. Bush’s terrorist surveillance program and the Patriot Act. That program was initiated in the immediate aftermath of the 9/11 terror attacks, on the President’s own authority. That reliance on exclusive presidential authority contributed to the controversy that initially attended the program—some vocal critics saw it as an example of executive overreach.

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That aspect of the criticism was significantly ameliorated, if not eliminated, several years later, when Congress fully discussed and authorized the activities in question. Indeed, the governing law was adopted and amended twice, after the program had been initiated on the President’s own authority. First, Congress adopted a temporary measure known as the Protect America Act in 2007.[3] Then, it passed the FISA Amendments Act (FAA) in 2008. This is the statute that includes the new Section 702.[4]

Under Section 702, the U.S. Attorney General and the Director of National Intelligence (DNI) may jointly authorize surveillance of people who are not “U.S. persons.” U.S. persons is a term of art in the intelligence community (IC) that means people who are not only American citizens but also covers permanent-resident aliens. As such, the targets of Section 702 surveillance can be neither citizens nor permanent residents of the U.S.

Section 702 authorizes the government to acquire foreign intelligence by targeting non-U.S. persons “reasonably believed” to be outside U.S. borders. Taken together, these two requirements identify the fundamental domain of Section 702 surveillance: it applies to foreigners on foreign soil. It is expressly against the law to attempt collection of information from targets inside the U.S.—whether Americans or foreigners—or to deliberately target the collection of online communications of American citizens.[5]

The law also requires the government to develop “targeting procedures”—the steps the government needs to take in order to ensure that the target is outside the United States at any time that electronic surveillance is undertaken. Obviously, that is sometimes difficult. A cell phone number, for instance, remains the same whether the phone is physically overseas or in the U.S., and the fact that someone has a U.S. cell phone number does not necessarily indicate whether the owner or user of that cell phone is a foreigner or an American. Hence, targeting must be tied to the geolocation of a phone and some knowledge about the owner/user, rather than solely to the phone’s number. Ultimately, it is the targeting procedures, not the targets themselves, that must be approved by the U.S. Foreign Intelligence Surveillance Court (FISC).[6]

To conduct this surveillance, the government can compel assistance from Internet service providers (ISPs) and telephone companies in acquiring foreign intelligence information—that is, information relating to a foreign espionage program or international terrorism. The government often compensates these providers for the necessary effort. According to The Washington Post, the payments range from $250 million to nearly $400 million annually.[7] Some critics of the program suspect that as a result, surveillance turns from a legal obligation to a source of income. Finally, it is important to note that not only regulated carriers, such as traditional cable and telephone companies (such as AT&T or Verizon), are required to participate, but also newer technology companies to include Google, Facebook, and Skype.

The Incidental Collection Issue

If that were all that the 702 program involved, it would likely not be particularly controversial. Few Americans have expressed grave concerns about America’s overseas intelligence collection. Significantly, the 702 program cannot be used to target any U.S. person or any person located in the U.S., whether that person is an American or a foreigner. The government is also prohibited from “reverse targeting” under 702—that is, the government cannot target a non-U.S. person outside the U.S. when the real interest is to collect the communications of a person in the U.S. or of any U.S. person, regardless of location.

But a residual issue arises because of the inevitability of inadvertent collection—the incidental collection of information about Americans as part of the authorized collection of foreign intelligence.

To see why this happens, one needs to understand two distinct aspects of the Section 702 program: one portion that goes by the name of PRISM, and another that is referred to colloquially as “upstream collection.”[8]

PRISM collection is relatively straightforward. A hypothetical can explain: The government has information about a particular e-mail address, or a particular individual, linking it or him to a foreign terrorist organization. That address (john.doe@xyz.com) or that individual’s name (John Doe) is known as a “selector”; it is a basis for sifting through vast quantities of data, and selecting what will be collected and analyzed.

The Attorney General and the DNI certify the selector as relating to a non-U.S. person who is outside the United States, and who is reasonably believed to be connected to a foreign intelligence activity. Then, the National Security Agency (NSA) sends a query about that selector to an ISP. The ISP, in turn, is required to hand over to the government any communications it might have that were sent to—or from—the identified selector. The NSA receives all data collected through PRISM, and makes portions of it available to the CIA and the FBI.

Upstream collection, by contrast, does not focus on the ISP. Instead, it focuses on the “backbone,” through which all telephone and Internet communications travel, which lies “upstream” within the telecommunications infrastructure. For example, an individual’s ISP might be a local company, while the backbone that carries its Internet traffic across the ocean to Europe is almost certainly operated by a larger provider, such as Verizon or AT&T.

There are several additional differences that distinguish upstream collection from PRISM. Most notably, upstream collection can involve “about” communications. “About” communications refer to selectors that occur within the content of the monitored communication, instead of, in the example of e-mail, in the “To” or “From” line.

So, if the government were using a name—John Doe—as a selector, under the upstream collection program, it would also collect foreign intelligence–related communications in which that name appeared in the body of the communication. Say, for example, that two al-Qaeda members are communicating via e-mail, and one says to the other: “We should recruit Doe.” That e-mail would be subject to upstream collection and would be a good example of an “about” communication. The e-mail is about Doe. Under the PRISM program, by contrast, the government would collect e-mails to and from the user name, and nothing more.

As should be evident, in some cases, these programs might result unintentionally in the collection of information about an American. If two Americans are communicating domestically in an exchange that names a foreign intelligence target (say, an e-mail that mentions an al-Qaeda operative by name), that e-mail might be incidentally collected by upstream collection. Likewise, an e-mail between two terrorist targets might be collected that incidentally includes information not only about legitimately identified U.S. persons (the recruit target John Doe), but also others. An e-mail might also mention Mary Doe—even though no evidence exists of any connection between Mary Doe and a foreign intelligence matter.

This prospect of collecting American data led Congress to include certain requirements that would reduce, though not entirely eliminate, the possibility that the data could be misused. Under the FAA, when information is collected about an American, whether incidentally as part of an authorized investigation, or inadvertently as the result of a mistake, the government is required to apply FISC-approved “minimization” procedures to determine whether such information may be retained or disseminated.

When lawyers and intelligence professionals use the word “minimization” in the context of intelligence collection, it means that any information inadvertently collected on a U.S. person is retained (if at all) only for a limited time, and that information about Americans is used and revealed and further disseminated only under narrowly defined circumstances. Minimization requirements may also mean deleting the information entirely. As with the targeting procedures, these minimization procedures are approved by the FISC—but again, the approval is for the entire system of minimization, not for each individual case.

So, for example, under these minimization rules, the NSA, CIA, and FBI are subject to certain limitations in how they are permitted to query and analyze the data they have lawfully collected. For example, they must demonstrate a reasonable likelihood that targeting a particular item in the information collected will result in the development of foreign intelligence. In other words, the rules limit when a U.S. person can be targeted for examination, and how long data about an American can be retained before it is deleted.

The Effectiveness of Section 702

With that background in mind, it is useful to turn to more practical questions about the program: Does it work? Is it being abused?

The public record suggests that the Section 702 program has indeed helped in the fight against terrorism. Classified records might provide additional support for this conclusion but they are unavailable to us.[9] The Privacy and Civil Liberties Oversight Board (PCLOB)—a bipartisan panel in the executive branch that reviews actions the executive branch takes to protect the country from terrorism, and also monitors civil liberty concerns—has reported that more than one-quarter of NSA reports on international terrorism include information that is based in whole, or in part, on data collected under the Section 702 program.

The PCLOB found that the 702 program “makes a substantial contribution to the government’s efforts to learn about the membership, goals, and activities of international terrorist organizations, and to prevent acts of terrorism from coming to fruition.”[10] Additionally, the program has “led the government to identify previously unknown individuals who are involved in international terrorism, and it has played a key role in discovering and disrupting specific terrorist plots aimed at the United States and other countries.”[11]

Although the details supporting these findings are classified, the board has also said that the program has played a role in discovering, and disrupting, specific terrorist plots aimed at the United States by enabling the government to identify previously unidentified individuals involved in international terrorism.[12] Additionally, the U.S. House of Representatives Permanent Select Committee on Intelligence (HPSCI) has posted three declassified examples from the NSA that involved the effective use of Section 702 collection in 2009: the New York City Subway Attack Plot; the Chicago Terror Investigation; and Operation Wi-Fi.

A few critics of the 702 program have disputed its actual impact in the New York City Subway Attack Plot and the Chicago Terror Investigation. TheGuardian interviewed several people who were involved in the two investigations and reviewed U.S. and British court documents.[13] Based on this incomplete record, The Guardian concluded that these investigations began with “conventional” surveillance methods—such as “old-fashioned tip-offs” of the British intelligence services—rather than from leads produced by NSA surveillance.

But the fact remains that current and former intelligence officials, members from both political parties across two Administrations, national security law experts in the private sector, and the PCLOB maintain that 702 has been and continues to be a very important intelligence tool for overseas intelligence collection.

Section 702 Criticisms v. Facts

Some of the criticisms of Section 702 are little more than philosophical objections to the concept of overseas surveillance.

Setting aside those concerns, there are other specific criticisms, each of which lacks merit. For example, there has been criticism that there is no significant publicly available data on how little, or how much, incidental collection there is about U.S. persons. Such data would be helpful to know in assessing the program. According to the PCLOB, in 2013 the NSA approved 198 U.S. person identifiers to be used as content query terms. The real issue is the frequency with which U.S. persons’ information was collected incidentally to the general foreign intelligence mission, and what is done with the information. After all, if the volume of incidental collection even remotely came close to what is collected as useful data on terrorism activities, including threats, skepticism about Section 702’s efficacy would be warranted.

Given that the targets of Section 702 collection are non-U.S. persons reasonably believed to be located overseas, it can reasonably be inferred that the predominant portion of the collected data does not contain U.S. person information. Although it would be useful to have an accurate estimate of how much incidental U.S. person information actually resides within the remaining portion of the data collected under the Section 702 program, it has proved very difficult to find any solution that would provide such an estimate. The first problem is that the collected data is often not readily identifiable as being associated with a U.S. person and would require the application of additional scarce technological and analytic resources in an effort to make those associations. The second problem is that the targets of the Section 702 collection efforts do not always communicate with persons of foreign intelligence interest. Ironically, an effort to ascertain an accurate estimate of non-pertinent U.S. person information lying dormant in the collected data is inconsistent with the purpose of Section 702, which is to identify foreign intelligence information. Such an effort to provide an estimate would result in more invasive review of U.S. person information.

FISA itself takes a more practical approach in attempting to understand the potential U.S. person privacy implications raised by Section 702 collection. It requires the head of each element of the Intelligence Community to conduct an annual review and to provide an accounting of the references to U.S. persons in intelligence reporting.[14] This outcome-based approach focuses on the U.S. person information that is actually being seen by the Intelligence Community, in order to assess whether there is any prejudicial impact on privacy rights. Also, the Office of the Director of National Intelligence (ODNI) recently released its “Statistical Transparency Report Regarding Use of National Security Authorities–Annual Statistics for Calendar Year 2015.”[15] The report estimates that 94,368 non-U.S. persons are targets of Section 702 collection. By comparison, the report estimates that the IC used 4,672 known U.S. person search terms in 23,800 queries of the lawfully collected Section 702 data. The report also notes that in 2015, the NSA disseminated 4,290 Section 702 intelligence reports that included U.S. person information. Of those reports, the U.S. person information was masked in 3,168 reports and unmasked in 1,122 reports. The remaining major criticisms of the 702 program are more systematic and definitional. One critique is that the government uses too broad a means in its first stage of collection, which is then followed by a more refined collection of data.[16] Judge Thomas F. Hogan of the FISC has described the program more accurately: “While in absolute terms, the scope of acquisition under Section 702 is substantial, the acquisitions are not conducted in a bulk or indiscriminate manner. Rather they are effected through…discrete targeting decisions for individual selectors.”[17]

Another complaint about the Section 702 program is that U.S. person data is retained—at least partially—at all. Under current rules, when the U.S. government targets someone abroad, it is not required to discard the incidentally collected communications of U.S. persons—if authorities conclude that those conversations constitute foreign intelligence.

In that event, even incidental conversations by or about U.S. persons may be retained. And the threshold for querying a U.S. person within the data collected is relatively low. To affirmatively query the data collected about a U.S. person, all that is needed is a determination that the search is reasonably likely to return foreign intelligence information. “Reasonably likely” is an especially easy standard to meet. It does not, for example, require any particularized suspicion that the U.S. person who is subject of the inquiry is engaged in any wrongdoing himself.

For that reason, a Presidential Review Board, as well a few Members of Congress, believe that Section 702 collection on Americans goes too far.[18] The program, they argue, is permissible and lawful without individual case supervision or a warrant requirement precisely because it targets non-Americans. So they contend that when the communications of U.S. persons are queried, probable cause and warrant requirements should apply. Any loophole that allows that particular querying should be closed because the government should not be able to obtain “back door” evidence against U.S. persons that it could otherwise only obtain with judicial approval.

But there is no “back door” here—a query does not collect any additional data. The FISC specifically holds that the 702 collection is constitutional and entirely consistent with the Fourth Amendment’s protections. The court found that “the querying provisions of the FBI Minimization Procedures strike a reasonable balance between the privacy interests of U.S. persons and persons in the United States, on the one hand, and the government’s national security interests, on the other.”[19] Even the fact that the “FBI’s use of those provisions to conduct queries designed to return evidence of crimes unrelated to foreign intelligence” did “not preclude the Court from concluding that taken together, the targeting and minimization procedures submitted with the 2015 Certifications are consistent with the requirements of the Fourth Amendment.”[20]

Obviously, Congress itself did not agree with these systematic and definitional complaints. While the focus of Section 702 collection is on non-U.S. persons located overseas, one of the specifically intended benefits of Section 702 was its ability to provide tip and lead information about persons in the United States who might be conspiring with overseas terrorists. This limited information might prove useful in helping to establish the probable cause necessary to obtain full surveillance coverage of these domestic suspects. It is also important to understand that the response to complaints about the theoretical possibility of abuse under FISA revolves around tight controls. The PCLOB found little evidence of abuse of the Section 215 metadata program, and in the case of Section 702 implementation found virtually no intentional misuse of the collection authorities where U.S. persons were concerned:

Over the years, a series of compliance issues were brought to the attention of the FISA court by the government. However, none of these compliance issues involved significant intentional misuse of the system. Nor has the Board seen any evidence of bad faith or misconduct on the part of any government officials or agents involved with the program. Rather, the compliance issues were recognized by the [FISA] court—and are recognized by the Board—as a product of the program’s technological complexity and vast scope, illustrating the risks inherent in such a program.[21]

Similarly, the PCLOB included a section in its 702 report called “Compliance Issues.” According to the PCLOB, the few instances of error in the administration of the 702 program were infrequent and mainly minor and administrative in nature. That is why the PCLOB found that “internal and external compliance programs have not to date identified any intentional attempts to circumvent or violate the procedures or the statutory requirements, but both unintentional incidents of noncompliance and instances where Intelligence Community personnel did not fully understand the requirements of the statute.”[22]

In other words, all of the errors in the program were accidental or due to mistakes. None was the product of intentional misconduct. Indeed, the non-compliance incident rate has been substantially below 1 percent, according to the PCLOB.[23] Over half of the reported incidents involved instances in which the “NSA otherwise complied with the targeting and minimization procedures in tasking and de-tasking a selector, but failed to make a report to the NSD and ODNI” in a timely fashion.[24]

Two other common reasons why compliance errors occurred are that: (1) the wrong selector was tasked due to a typographical error, or (2) a delay in de-tasking (removing the selector) resulted when an analyst de-tasked some, but not all, of the Section 702-tasked selectors placed on a non-U.S. person target known to be traveling to the United States.[25]

Taken together, these minor administrative errors accounted for “almost 75% of the compliance incidents,” according to the PCLOB.[26]

Section 702: Constitutional and Lawful

One last aspect of Section 702 needs to be addressed: the suggestion that the program might in some way be unconstitutional or unlawful. This Backgrounder concludes that relevant case law firmly supports the constitutionality and legality of the Section 702 program. To support this conclusion, we provide a brief history of relevant case law.

The predicate case is United States v. United States District Court,[27] sometimes known as the Keith case, after Judge Damon Keith, the federal district court judge who oversaw the case.

The case hearkens back to an era of protest and civil unrest in the United States. It involved several leaders of the so-called White Panther Party—a white supremacist group—who were charged with bombing a CIA office in Ann Arbor, Michigan, in 1968. Their phones were wiretapped by order of U.S. Attorney General John Mitchell, who served under President Richard Nixon. Mitchell said that no warrant was required to authorize the interception, because the defendants posed a “clear and present danger to the structure or existence of the government.”

Judge Keith responded that the Attorney General’s rationale was insufficient, and ruled that warrantless interception and surveillance of domestic conversations was unconstitutional. When the case reached the Supreme Court, the justices agreed with Judge Keith, establishing as precedent the idea that a warrant was needed before electronic surveillance commenced, even if the domestic surveillance was related to national security.

As Justice Lewis Powell said in writing for the Court, the “price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power.” Justice Powell continued, “Nor must the fear of un-authorized official eavesdropping deter vigorous citizen dissent and discussion of government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.”

Notably, however, the Court limited its holding to domestic surveillance, and said that different rules might apply when the surveillance occurred outside the United States, or was directed at a foreign power—or at non-Americans. Regarding surveillance of non-Americans overseas, courts around the country have agreed with the implicit suggestion of the Supreme Court, holding that surveillance for foreign intelligence purposes need only be reasonable (and that a warrant is not required).[28] That distinction—between domestic and foreign surveillance—is preserved in FISA, which allows more relaxed FISA procedures (for which a criminal warrant was not required) only when the purpose of the investigation is to collect foreign intelligence.

In Vernonia School District 47J v. Acton, the Supreme Court upheld the drug testing of high school athletes and explained that the exception to the warrant requirement applied “when special needs, beyond the normal need for law enforcement, make the warrant and probable cause requirements impracticable.”[29] Although Vernonia was not a foreign intelligence case—far from it—the principles from the Court’s “special needs” cases influenced later cases in the national security context.

In “In re: Sealed Case,” the United States Foreign Intelligence Surveillance Court of Review held that FISA did not require the government to demonstrate to the FISA court that its primary purpose in conducting electronic surveillance was not criminal prosecution and, significantly, the PATRIOT Act’s amendment to FISA, permitting the government to conduct surveillance of agents of foreign powers if foreign intelligence was the “significant purpose” of the surveillance, did not violate the Fourth Amendment.[30] The court avoided an express holding that a foreign intelligence exception exists, but held that FISA could survive on reasonableness grounds.

In 2008, “In re: Directives Pursuant to Section 105B of FISA” applied the principles derived from the special needs cases to conclude that the foreign intelligence surveillance authorized by the Protect America Act possesses characteristics that qualify it for a foreign intelligence exception to the warrant requirement of the Fourth Amendment.[31]

Notably, the “In re: Directives” decision cites a Fourth Circuit opinion for the proposition that there is a high degree of probability that requiring a warrant would hinder the government’s ability to collect time-sensitive information and thus impede vital national security interests.[32]

In April 2016, the first decision addressing the constitutionality of upstream collection under Section 702 was publicly released. The FISA court issued a declassified opinion[33] in which it concluded that use of information collected under Section 702 authority for domestic investigations satisfied both constitutional standards and was within the statutory bounds of the FISA Amendments Act. Notably, for purposes of this discussion, the court reached this conclusion after having had the benefit of a public advocate who articulated a position contrary to that of the government.[34] Judge Hogan cites “In re: Directives” in support of the proposition that the Fourth Amendment does not require the government to obtain a warrant to conduct surveillance in order “to obtain foreign intelligence for national security purposes [that] is directed against foreign powers or agents of foreign powers reasonably believed to be located outside of the United States.”

Section 702: Continuing Improvements

On February 5, 2016, the PCLOB issued its “Recommendations Assessment Report.” The purpose of the report was to assess whether the DNI had responded appropriately to recommendations it had made for the improvement of the program.

The DNI had taken action to the PCLOB recommendations. Indeed, with respect to the 10 recommendations relating to the Section 702 program, the PCLOB Recommendations Assessment Report determined that five recommendations have been fully implemented; one has been substantially implemented; three are in the process of being implemented; and one has been partially implemented.[35]

The historical record demonstrates the effectiveness of both the PCLOB’s oversight function and the responsiveness of the DNI to its recommendations—a win-win story in the new age of intelligence oversight.[36]

Conclusions

First, Section 702 is constitutional, statutorily authorized, and carefully constructed to address a vital U.S. national security requirement: the collection of vital information relating to foreign threats.

Second, it seems clear that, in light of careful scrutiny by the PCLOB, the specter of alleged abuse of the program is more theoretical than real.

Third, the Section 702 program has great current utility and provides invaluable intelligence of practical impact and not replaceable by other means of collection.

The benefits of the Section 702 program greatly outweigh its (theoretical) costs and the program should continue as currently authorized. Indeed, the record suggests that the 702 Program is invaluable as a foreign intelligence collection tool. The fruits of the program constitute more than 25 percent of the NSA’s reports concerning international terrorism. It has clearly defined implementation rules and robust oversight by all three branches of government, and is a necessary tool for defending the nation.

Congress should reauthorize 702 in its entirety. There is no need for a further sunset of the act’s provisions, as it has demonstrated its usefulness; and an arbitrarily forced reconsideration by Congress is unnecessary, a waste of time and money, and at the expense of national security.

The program can, and should, be implemented in a manner that is consistent with American values. To quote General Michael Hayden, former director of the NSA and former CIA director:

[A]n American strategy for cyberspace must reflect and serve our ideals. In our zeal to secure the internet, we must be careful not to destroy that which we are trying to preserve, an open, accessible, ubiquitous, egalitarian, and free World Wide Web. There are nations—like Iran, China, Russia and others—who view precisely those attributes as the very definition of cyber security threats. Their concern is not digital theft, but the free movement of ideas. We must take care that in our efforts to prevent the former, we do not legitimize their efforts to prevent the latter.[37]

A properly configured Section 702 program has met that challenge to the benefit of the American public. At a time when international terrorism is on the rise, the United States must have a lawful, robust foreign intelligence capability.

—David R. Shedd is a Visiting Distinguished Fellow in the Kathryn and Shelby Cullom Davis Institute for National Security and Foreign Policy, Paul Rosenzweig is a Visiting Fellow in the Douglas and Sarah Allison Center for Foreign Policy, of the Davis Institute, and Charles D. Stimson is Manager of the National Security Law Program and Senior Legal Fellow in the Center for National Defense, of the Davis Institute, at The Heritage Foundation.

JUNE 06, 2017 5:27 PM

Republicans worried about leaks consider cutting back surveillance authority

 

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The Pronk Pops Show 905, June 6, 2017, Story 1: Seven Countries Break Off Diplomatic Ties With Qatar’s For Support of Radical Islamic Terrorists — Will Saudi Arabia Invade and Annex Qatar? — No — Videos –Story 2: President Trump Meets With Republican Congressional Leaders About Passing Tax Reform and Repealing and Replacing Obamacare By Labor Day — Videos — Story 3: NSA Contractor Reality Leigh Winner Leaked NSA Top Secret Document To Intercept — Videos — Story 4: Wikileaks Julian Assange Critical Of Intercept and Reporter That Lead To Arrest of NSA Contractor Leaker Reality Winner –Videos

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Pronk Pops Show 883 April 28, 2017

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Story 1: Seven Countries Break Off Diplomatic Ties With Qatar’s For Support of Radical Islamic Terrorists Including Islamic State, al Qaeda and Muslim Brotherhood — Will Saudi Arabia Invade and Annex Qatar? — No — Videos —

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Saudi Arabia, the United Arab Emirates and Bahrain have said they are withdrawing their ambassadors from Qatar because Doha had not implemented an agreement among Gulf Arab countries not to interfere in each others’ internal affairs.The three countries said the move was necessary “to protect their security and stability”. But Qatar called the move a “big mistake”.Al Jazeera speaks with Nasser Bin Hamad Al Khalifa, the former Qatar ambassador to the UN and US.

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CNN Exclusive: US suspects Russian hackers planted fake news behind Qatar crisis

Washington (CNN)US investigators believe Russian hackers breached Qatar’s state news agency and planted a fake news report that contributed to a crisis among the US’ closest Gulf allies, according to US officials briefed on the investigation.

The FBI recently sent a team of investigators to Doha to help the Qatari government investigate the alleged hacking incident, Qatari and US government officials say.
Intelligence gathered by the US security agencies indicates that Russian hackers were behind the intrusion first reported by the Qatari government two weeks ago, US officials say. Qatar hosts one of the largest US military bases in the region.
The alleged involvement of Russian hackers intensifies concerns by US intelligence and law enforcement agencies that Russia continues to try some of the same cyber-hacking measures on US allies that intelligence agencies believe it used to meddle in the 2016 elections.
US officials say the Russian goal appears to be to cause rifts among the US and its allies. In recent months, suspected Russian cyber activities, including the use of fake news stories, have turned up amid elections in France, Germany and other countries.
It’s not yet clear whether the US has tracked the hackers in the Qatar incident to Russian criminal organizations or to the Russian security services blamed for the US election hacks. One official noted that based on past intelligence, “not much happens in that country without the blessing of the government.”
The FBI and CIA declined to comment. A spokeswoman for the Qatari embassy in Washington said the investigation is ongoing and its results would be released publicly soon.
Kremlin spokesman Dmitry Peskov dismissed what he called CNN’s “fake” reporting Wednesday.
“It’s another lie that was published,” he told reporters. “Unfortunately, our colleagues from CNN again and again publish references to unnamed sources in unnamed agencies, etc, etc. These streams of information have no connection with the reality. It’s so far away from the reality. Fake is a fake.”
The Qatari government has said a May 23 news report on its Qatar News Agency attributed false remarks to the nation’s ruler that appeared friendly to Iran and Israel and questioned whether President Donald Trump would last in office.
Qatari Foreign Minister Sheikh Mohammed Bin Abdulrahman al-Thani told CNN the FBI has confirmed the hack and the planting of fake news.
“Whatever has been thrown as an accusation is all based on misinformation and we think that the entire crisis being based on misinformation,” the foreign minister told CNN’s Becky Anderson. “Because it was started based on fabricated news, being wedged and being inserted in our national news agency which was hacked and proved by the FBI.”
Sheikh Saif Bin Ahmed Al-Thani, director of the Qatari Government Communications Office, confirmed that Qatar’s Ministry of Interior is working with the FBI and the United Kingdom’s National Crime Agency on the ongoing hacking investigation of the Qatar News Agency.
“The Ministry of Interior will reveal the findings of the investigation when completed,” he told CNN.
Partly in reaction to the false news report, Qatar’s neighbors, led by Saudi Arabia and the United Arab Emirates, have cut off economic and political ties, causing a broader crisis.
The report came at a time of escalating tension over accusations Qatar was financing terrorism.
On Tuesday, Trump tweeted criticism of Qatar that mirrors that of the Saudis and others in the region who have long objected to Qatar’s foreign policy. He did not address the false news report.
“So good to see the Saudi Arabia visit with the King and 50 countries already paying off,” Trump said in a series of tweets. “They said they would take a hard line on funding extremism, and all reference was pointing to Qatar. Perhaps this will be the beginning of the end to the horror of terrorism!”
In his tweet, Trump voiced support for the regional blockade of Qatar and cited Qatar’s funding of terrorist groups. The Qataris have rejected the terror-funding accusations.
Hours after Trump’s tweets, the US State Department said Qatar had made progress on stemming the funding of terrorists but that there was more work to be done.
US and European authorities have complained for years about funding for extremists from Saudi Arabia and other nations in the Gulf region. Fifteen of the 19 9/11 hijackers were Saudi citizens.
Last year, during a visit to Saudi Arabia, Obama administration officials raised the issue of Saudi funding to build mosques in Europe and Africa that are helping to spread an ultra-conservative strain of Islam.
US intelligence has long been concerned with what they say is the Russian government’s ability to plant fake news in otherwise credible streams, according to US officials.
That concern has surfaced in recent months in congressional briefings by former FBI Director James Comey.
Comey told lawmakers that one reason he decided to bypass his Justice Department bosses in announcing no charges in the probe of Hillary Clinton’s private email server was the concern about an apparent fake piece of Russian intelligence. The intelligence suggested the Russians had an email that indicated former Attorney General Loretta Lynch had assured Democrats she wouldn’t let the Clinton probe lead to charges.
The FBI came to believe the email was fake, but still feared the Russians could release it to undermine the Justice Department’s role in the probe.

Gulf plunged into diplomatic crisis as countries cut ties with Qatar

Qatari diplomats ejected and land, air and sea traffic routes cut off in row over terror and regional stability

Saudi Arabia TV reports on cutting of ties with Qatar

The Gulf has been hit by its biggest diplomatic crisis in years after Arab nations including Saudi Arabia, the United Arab Emirates, Egypt and Bahrain cut ties with Qatar, accusing it of destabilising the region with its support for Islamist groups.

The countries said they would halt all land, air and sea traffic with Qatar, eject its diplomats and order Qatari citizens to leave the Gulf states within 14 days. Shoppers in the Qatari capital, Doha, meanwhile packed supermarkets amid fears the country, which relies on imports from its neighbours, would face food shortages after Saudi Arabia closed its sole land border.

Social media reports from Doha showed supermarket shelves empty as nervous consumers began to worry that stocks of food and water would run out. As much as 40% of Qatar’s food comes over the Saudi border.

The small but very wealthy nation, the richest in the world per capita, was also expelled from a Saudi-led coalition fighting in Yemen.

https://interactive.guim.co.uk/2016/08/explainer-interactive/embed/embed.html?id=40daeb83-4c13-4fe9-a592-473d1f7eb53e

The coordinated move dramatically escalates a dispute over Qatar’s support of Islamist movements, including the Muslim Brotherhood, and its perceived tolerance of Saudi Arabia’s arch-rival, Iran. The dispute is the worst to hit the Gulf since the formation of the Gulf Co-operation Council in 1981.

Qatar’s foreign affairs ministry said the measures were unjustified and based on false claims and assumptions. As the Qatari stock market tumbled and oil prices rose, it accused its fellow Gulf states of violating its sovereignty.

“The state of Qatar has been subjected to a campaign of lies that have reached the point of complete fabrication,” a statement said. “It reveals a hidden plan to undermine the state of Qatar.”

Saudi Arabia said it took the decision to cut diplomatic ties owing to Qatar’s “embrace of various terrorist and sectarian groups aimed at destabilising the region”, including the Muslim Brotherhood, al-Qaida, Islamic State and groups supported by Iran in Saudi Arabia’s restive eastern province of Qatif.

Egypt’s foreign ministry accused Qatar of taking an “antagonist approach” towards the country and said “all attempts to stop it from supporting terrorist groups failed”. It gave the Qatari ambassador 48 hours to leave Egypt, and ordered its own chargé d’affaires in Qatar to return to Cairo within 48 hours.

The tiny island nation of Bahrain blamed its decision on Qatar’s “media incitement, support for armed terrorist activities, and funding linked to Iranian groups to carry out sabotage and spreading chaos in Bahrain”.

In a sign of Qatar’s growing isolation, Yemen’s internationally backed government – which no longer holds its capital and large portions of the country – joined the move to break relations, as did the Maldives and the government based in eastern Libya

https://interactive.guim.co.uk/uploader/embed/2017/06/qatar-zip/giv-3902pAcwKt0BiU60/

There effect on air travel in the region was immediate. Qatar Airways, one of the region’s major long-haul carriers, said it was suspending all flights to Saudi Arabia. Etihad, the Abu Dhabi-based carrier, said it would suspend flights to Qatar “until further notice”. Emirates, the Dubai-based carrier, announced it would suspend Qatar flights starting on Tuesday, and Dubai-based budget carrier flydubai said it would suspend flights to and from Doha from Tuesday.

Egypt announced its airspace will be closed to all Qatari airplanes from Tuesday.

Monday’s diplomatic moves came two weeks after four Arab countries blocked Qatar-based media over the appearance of comments attributed to the Qatari emir that praised Iran. Qatar said hackers had taken over the website of its state-run news agency and faked the comments.

A senior Iranian official said the decision to sever ties with Qatar would not help end the crisis in the Middle East. Hamid Aboutalebi, deputy chief of staff for Iran’s president, Hassan Rouhani, tweeted: “The era of cutting diplomatic ties and closing borders is over … it is not a way to resolve crisis. These countries have no other option but to start regional dialogue.”

The US military said it had “no plans to change our posture in Qatar” amid the diplomatic crisis. Qatar is home to the sprawling al-Udeid airbase, which houses the US military’s central command and 10,000 American troops.

Qatar has long faced criticism from its Arab neighbours over its support of Islamists and Doha has long welcomed senior figures from Hamas and the Muslim Brotherhood.

The Saudi’s chief worry is the Muslim Brotherhood, the transnational Sunni Islamist political movement outlawed by Saudi Arabia and the UAE, which regards it as posing a threat to their system of hereditary rule.

Gulf countries led by Saudi Arabia fell out with Qatar over its backing of the former Egyptian president, Mohamed Morsi, a Brotherhood member, and in March 2014, Saudi Arabia, the United Arab Emirates and Bahrain recalled their ambassadors from Qatar over the rift.

Diplomatic relations resumed eight months later when Qatar forced some Brotherhood members to leave the country and quieted others but the 2014 crisis did not involve a land and sea blockade, as is threatened now.

The Qatar Council issued a fresh statement on Monday afternoon seeking to reassure its citizens that it had taken the necessary steps to ensure normal life continued, including by keeping sea ports open for trade and making sure that air space with countries not involved in the boycott remained open. It said it would not expel the 300,000 Egyptians working in Qatar as a reprisal.

Saudi Arabia however kept up the pressure on Qatar by saying it was withdrawing al-Jazeera’s media licence and closing its Saudi office, saying the Qatar-funded broadcaster had promoted terrorist plots and supported the Houthi rebels in Yemen.

It also banned all Qatar flagged vessels from is ports and lorries due to enter Qatar over the Saudi border were blocked from doing so.

The Saudi aim is to apply pressure to make Qatar change its foreign policy, but questioning the legitimacy of a fellow monarch could prove to be a double edged sword for any Gulf ruler.

Since 2014, Qatar has repeatedly and strongly denied that it funds extremist groups. However, it remains a key financial patron of the Hamas-controlled Gaza Strip and has been the home of the exiled Hamas official Khaled Mashaal since 2012. One of the first signs of any compromise will be the withdrawal of Hamas leaders from Doha.

Western officials have also accused Qatar of allowing or even encouraging funding of Sunni extremists such as al-Qaida’s branch in Syria, once known as the Nusra Front.

The row comes only two weeks after the US president, Donald Trump, visited the Middle East to seal major defence contracts with Saudi Arabia worth $110bn, set up an anti-extremist institute in Riyadh and urge the Gulf states to build an alliance against Iran.

The Saudis are in part countering the allegation of funding extremism, frequently made in Washington and in the past by Trump himself, by pointing the finger at Qatar for backing terrorism.

Speaking in Australia, the US secretary of state, Rex Tillerson, played down the seriousness of the diplomatic dispute and said it would not affect counter-terrorism efforts.

“I think what we’re witnessing is a growing list of irritants in the region that have been there for some time, and they’ve bubbled up so that countries have taken action in order to have those differences addressed,” he said.

https://www.theguardian.com/world/2017/jun/05/saudi-arabia-and-bahrain-break-diplomatic-ties-with-qatar-over-terrorism

 

7 Countries Break Off Ties With Qatar, Accuse It Of Funding ISIS & Al Qaeda

The Logical Indian Crew

June 5th, 2017

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Courtesy: BBC | Image Credit: 1tv

In an unprecedented and major diplomatic rift, six Arab countries (and seven countries overall) have broken ties with Qatar, accusing it of sponsoring terror groups and trying to destablise the Middle-east. Qatar has hit back at the allegations, calling them “unjustified” and having “no basis in fact”.

The development happened in Monday, 5 June, when Bahrain announced diplomatic withdrawal from Qatar. Saudi Arabia, the United Arab Emirates (UAE), Egypt, Yemen, Libya, and Maldives swiftly followed suit.

Saudi state news agency SPA stated that the move was to “protect its national security from the dangers of terrorism and extremism”.

The six Arab countries have accused Qatar of channeling funds to the Islamic State (IS) and Al Qaeda, something Qatar repeatedly denied. The Qatari foreign minister said, “The measures are unjustified and are based on claims and allegations that have no basis in fact … not affect the normal lives of citizens and residents.”

Qatar has a history of sympathy towards extremist groups like the Muslim Brotherhood and its state-owned media outlet, Al Jazeera, has been accused of furthering Islamist ideologies. Additionally, Qatar has always been seen with suspicion with its Sunni peers in the Middle-east because of its close ties with Iran.

While hostility between the Gulf countries is not a new concept, this sudden outburst of diplomatic breakdown was largely unforeseen. However, it must be noted that this happened only two weeks after US President Donald Trump’s visit to Saudi Arabia and two weeks after several Gulf nations blocked Qatari news sites.

Saudi Arabia has removed Qatar from the coalition fighting rebels in Yemen due to “practices that strengthen terrorism” and its support of extremist groups. The countries said that they have closed their airspace to Qatar Airways. The UAE, Saudi Arabia and Bahrain have given Qatari visitors two weeks’ time to leave their countries.

Meanwhile, the Qatari stock market has plunged. The situation is highly nuclear and unpredictable, with the Qatari government becoming increasingly isolated and the already low oil prices expected to be negatively affected further. There are also humanitarian concerns, especially with food supply as Qatar received 40% of its food supplies by truck from Saudi Arabia.

US Secretary of State Rex Tillerson, who is currently in Australia, called for the parties involved to solve their disputes through constructive dialogue. Turkey reportedly conveyed that it was ready to mediate between Qatar and the Gulf states.

However, with borders closed and ties existent only with Oman and Kuwait in the region, Qatar struggles to make sense of recent events even as it economy is in freefall.

Qatar

From Wikipedia, the free encyclopedia

Coordinates: 25°30′N 51°15′E

State of Qatar

دولة قطر (Arabic)
Dawlat Qatar
Flag of Qatar
Emblem of Qatar
Flag Emblem
Anthem: السلام الأميري
As Salam al Amiri  (transliteration)
Amiri Salute

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Location and extent of Qatar (dark green) on the Arabian Peninsula.

Location and extent of Qatar (dark green) on the Arabian Peninsula.
Capital
and largest city
Doha
25°18′N 51°31′E
Official languages Arabic
Ethnic groups(2010[1])
Religion Islam
Demonym Qatari
Government Unitary constitutionalmonarchy
• Emir
Tamim bin Hamad Al Thani
• Deputy Emir
Abdullah bin Hamad bin Khalifa Al Thani
Abdullah bin Nasser bin Khalifa Al Thani
Legislature Consultative Assembly
Establishment
18 December 1878
• Declared independence
1 September 1971
• Independence from the United Kingdom
3 September 1971
Area
• Total
11,586 km2(4,473 sq mi) (164th)
• Water (%)
0.8
Population
• 2016 estimate
2,675,522[a][2](142nd)
• 2010 census
1,699,435[3] (148th)
• Density
176/km2 (455.8/sq mi) (76th)
GDP (PPP) 2017 estimate
• Total
$353.143 billion[4](49th)
• Per capita
$145,894[4] (1st)
GDP (nominal) 2015 estimate
• Total
$185.395 billion[4]
• Per capita
$68,940[5] (4th)
Gini (2007) 41.1[6]
medium
HDI (2014) Increase 0.850[7]
very high · 32nd
Currency Riyal (QAR)
Time zone AST (UTC+3)
Drives on the right[8]
Calling code +974
ISO 3166 code QA
Internet TLD

Qatar (/ˈkætɑːr/,[9] Listeni/ˈkɑːtɑːr/, /ˈkɑːtər/ or Listeni/kəˈtɑːr/;[10] Arabic: قطر‎‎ Qatar [ˈqɑtˤɑr]; local vernacular pronunciation: [ˈɡɪtˤɑr]),[11][12] officially the State of Qatar (Arabic: دولة قطر‎‎ Dawlat Qatar), is a sovereign country located in Western Asia, occupying the small Qatar Peninsula on the northeastern coast of the Arabian Peninsula. Its sole land border is with Saudi Arabia to the south, with the rest of its territory surrounded by the Persian Gulf. An arm of the Persian Gulf separates Qatar from the nearby island country of Bahrain.

Following Ottoman rule, Qatar became a British protectorate in the early 20th century until gaining independence in 1971. Qatar has been ruled by the House of Thani since the early 19th century. Sheikh Jassim bin Mohammed Al Thani was the founder of the State of Qatar. Qatar is a hereditary monarchy and its head of state is Emir Sheikh Tamim bin Hamad Al Thani. Whether it should be regarded as a constitutional[13][14] or an absolute monarchy[15][16][17][18] is a matter of opinion. In 2003, the constitution was overwhelmingly approved in a referendum, with almost 98% in favour.[19][20] In early 2017, Qatar’s total population was 2.6 million: 313,000 Qatari citizens and 2.3 million expatriates.[21]

Qatar is a high income economy, backed by the world’s third largest natural gas reserves and oil reserves.[22] The country has the highest per capita income in the world. Qatar is classified by the UN as a country of very high human development and is the most advanced Arab state for human development.[23] Qatar is a significant power in the Arab world, supporting several rebel groups during the Arab Spring both financially and through its globally expanding media group, Al Jazeera Media Network.[24][25][26] For its size, Qatar wields disproportionate influence in the world, and has been identified as a middle power.[27][28] Qatar will host the 2022 FIFA World Cup, becoming the first Arab country to do so.[29]

In 2017, Saudi Arabia, Bahrain, the United Arab Emirates and Egypt, among other Gulf states, cut off diplomatic relations with Qatar and labeled the country a terrorist state, causing the 2017 Qatar diplomatic crisis.

Etymology

Pliny the Elder, a Roman writer, documented the earliest account pertaining to the inhabitants of the Peninsula around the mid-first century AD, referring to them as the Catharrei, a designation which may have derived from the name of a prominent local settlement.[30][31] A century later, Ptolemy produced the first known map to depict the peninsula, referring to it as Catara.[31][32] The map also referenced a town named “Cadara” to the east of the peninsula.[33] The term ‘Catara’ (or, alternatively, Cataraei)[34] was exclusively used until the 18th century, after which ‘Katara’ emerged as the most commonly recognised spelling.[33] Eventually, the modern derivative Qatar was adopted as the country’s name.[33]

In Standard Arabic, the name is pronounced [ˈqɑtˤɑr], while in the local dialect it is [ˈɡitˤar].[11]

History

Antiquity

Dot carvings at Jebel Jassassiyeh, dating to c. 4000 BC.

Human habitation of Qatar dates back to 50,000 years ago.[35] Settlements and tools dating back to the Stone Age have been unearthed in the peninsula.[35] Mesopotamian artefacts originating from the Ubaid period (ca. 6500–3800 BC) have been discovered in abandoned coastal settlements.[36] Al Da’asa, a settlement located on the western coast of Qatar, is the most important Ubaid site in the country and is believed to have accommodated a small seasonal encampment.[37][38]

Kassite Babylonian material dating back to the second millennium BC found in Al Khor Islands attests to trade relations between the inhabitants of Qatar and the Kassites in modern-day Bahrain.[39] Among the findings were 3,000,000 crushed snail shells and Kassite potsherds.[37] It has been suggested that Qatar is the earliest known site of shellfish dye production, owing to a Kassite purple dye industry which existed on the coast.[36][40]

In 224 AD, the Sasanian Empire gained control over the territories surrounding the Persian Gulf.[41] Qatar played a role in the commercial activity of the Sasanids, contributing at least two commodities: precious pearls and purple dye.[42] Under the Sasanid reign, many of the inhabitants in Eastern Arabia were introduced to Christianity following the eastward dispersal of the religion by Mesopotamian Christians.[43] Monasteries were constructed and further settlements were founded during this era.[44][45] During the latter part of the Christian era, Qatar comprised a region known as ‘Beth Qatraye’ (Syriac for “region of the Qataris”).[46] The region was not limited to Qatar; it also included Bahrain, Tarout Island, Al-Khatt, and Al-Hasa.[47]

In 628, Muhammad sent a Muslim envoy to a ruler in Eastern Arabia named Munzir ibn Sawa Al Tamimi and requested that he and his subjects accept Islam. Munzir obliged his request, and accordingly, most of the Arab tribes in the region converted to Islam.[48] After the adoption of Islam, the Arabs led the Muslim conquest of Persia which resulted in the fall of the Sasanian Empire.[49]

Early and late Islamic period (661–1783)

Abbasid Caliphate at its greatest extent, c. 850.

Qatar was described as a famous horse and camel breeding centre during the Umayyad period.[50] In the 8th century, it started benefiting from its commercially strategic position in the Persian Gulf and went on to become a centre of pearl trading.[51][52]

Substantial development in the pearling industry around the Qatari Peninsula occurred during the Abbasid era.[50] Ships voyaging from Basra to India and China would make stops in Qatar’s ports during this period. Chinese porcelain, West African coins and artefacts from Thailand have been discovered in Qatar.[49] Archaeological remains from the 9th century suggest that Qatar’s inhabitants used greater wealth to construct higher quality homes and public buildings. Over 100 stone-built houses, two mosques, and an Abbasid fort were constructed in Murwab during this period.[53][54] However, when the caliphate’s prosperity declined in Iraq, so too did it in Qatar.[55]Qatar is mentioned in 13th-century Muslim scholar Yaqut al-Hamawi‘s book, Mu’jam Al-Buldan, which alludes to the Qataris’ fine striped woven cloaks and their skills in improvement and finishing of spears.[56]

Much of Eastern Arabia was controlled by the Usfurids in 1253, but control of the region was seized by the prince of Ormus in 1320.[57] Qatar’s pearls provided the kingdom with one of its main sources of income.[58] In 1515, Manuel I of Portugal vassalised the Kingdom of Ormus. Portugal went on to seize a significant portion of Eastern Arabia in 1521.[58][59] In 1550, the inhabitants of Al-Hasa voluntarily submitted to the rule of the Ottomans, preferring them to the Portuguese.[60] Having retained a negligible military presence in the area, the Ottomans were expelled by the Bani Khalid tribe in 1670.[61]

Bahraini and Saudi rule (1783–1868)

A map of East Arabia in 1794.

In 1766, the Utub tribe of Al Khalifa migrated from Kuwait to Zubarah in Qatar.[62][63] By the time of their arrival, the Bani Khalid exercised weak authority over the peninsula, not withholding that the largest village was ruled by a distant kin of the Bani Khalid.[64] In 1783, Qatar-based Bani Utbah clans and allied Arab tribes invaded and annexed Bahrain from the Persians. The Al Khalifa imposed their authority over Bahrain and extended their area of jurisdiction to Qatar.[62]

A partially restored section of the ruined town of Zubarah.

Following the swearing in of Saud ibn Abd al-Aziz as crown prince of the Wahhabi in 1788, he moved to expand his empire eastward towards the Persian Gulf and Qatar. After defeating the Bani Khalid in 1795, the Wahhabi were attacked on two fronts. The Ottomans and Egyptians assaulted the western front, while the Al Khalifa in Bahrain and the Omanis launched an attack against the eastern front.[65][66] Upon being made aware of advancements by the Egyptians on the western frontier in 1811, the Wahhabi amir reduced his garrisons in Bahrain and Zubarah in order to re-position his troops. Said bin Sultan of Muscat capitalised on this opportunity and raided the Wahhabi garrisons on the eastern coast, setting fire to the fort in Zubarah. The Al Khalifa were effectively returned to power thereafter.[66]

As punishment for piracy, an East India Company vessel bombarded Doha in 1821, destroying the town and forcing hundreds of residents to flee. In 1825, the House of Thani was established with Sheikh Mohammed bin Thani as the first leader.[67]

Although Qatar had the legal status of a dependency, there was a popular sentiment of resentment against the Al Khalifa. In 1867, the Al Khalifa, along with the ruler of Abu Dhabi, sent a massive naval force to Al Wakrah in an effort to crush the Qatari rebels. This resulted in the maritime Qatari–Bahraini War of 1867–1868, in which Bahraini and Abu Dhabi forces sacked and looted Doha and Al Wakrah.[68] However, the Bahraini hostilities were in violation of the 1820 Anglo-Bahraini Treaty. The joint incursion, in addition to the Qatari counterattack, prompted British political agent Lewis Pelly to impose a settlement in 1868. His mission to Bahrain and Qatar and the resulting peace treaty were milestones because they implicitly recognised the distinctness of Qatar from Bahrain and explicitly acknowledged the position of Mohammed bin Thani. In addition to censuring Bahrain for its breach of agreement, the British protectorate asked to negotiate with a representative from Qatar, a role which Mohammed bin Thani was selected to fulfil. The results of the negotiations left the nation with a new-found sense of political identity, although it did not gain an official standing as a protectorate until 1916.

Ottoman rule (1871–1915)

Qatar in an 1891 Adolf Stieler map

Old city of Doha, January 1904.

Under military and political pressure from the governor of the Ottoman Vilayet of Baghdad, Midhat Pasha, the ruling Al Thani tribe submitted to Ottoman rule in 1871.[69] The Ottoman government imposed reformist (Tanzimat) measures concerning taxation and land registration to fully integrate these areas into the empire.[69] Despite the disapproval of local tribes, Al Thani continued supporting Ottoman rule. However, Qatari-Ottoman relations soon stagnated, and in 1882 they suffered further setbacks when the Ottomans refused to aid Al Thani in his expedition of Abu Dhabi-occupied Al Khor. In addition, the Ottomans supported the Ottoman subject Mohammed bin Abdul Wahab who attempted to supplant Al Thani as kaymakam of Qatar in 1888.[70] This eventually led Al Thani to rebel against the Ottomans, whom he believed were seeking to usurp control of the peninsula. He resigned as kaymakam and stopped paying taxes in August 1892.[71]

In February 1893, Mehmed Hafiz Pasha arrived in Qatar in the interests of seeking unpaid taxes and accosting Jassim bin Mohammed’s opposition to proposed Ottoman administrative reforms. Fearing that he would face death or imprisonment, Jassim retreated to Al Wajbah (10 miles west of Doha), accompanied by several tribe members. Mehmed’s demand that Jassim disband his troops and pledge his loyalty to the Ottomans was met with refusal. In March, Mehmed imprisoned Jassim’s brother and 13 prominent Qatari tribal leaders on the Ottoman corvette Merrikh as punishment for his insubordination. After Mehmed declined an offer to release the captives for a fee of 10,000 liras, he ordered a column of approximately 200 troops to advance towards Jassim’s Al Wajbah Fort under the command of Yusuf Effendi, thus signalling the start of the Battle of Al Wajbah.[49]

Effendi’s troops came under heavy gunfire by a sizable troop of Qatari infantry and cavalry shortly after arriving to Al Wajbah. They retreated to Shebaka fortress, where they were again forced to draw back from a Qatari incursion. After they withdrew to Al Bidda fortress, Jassim’s advancing column besieged the fortress, resulting in the Ottomans’ concession of defeat and agreement to relinquish their captives in return for the safe passage of Mehmed Pasha’s cavalry to Hofuf by land.[72] Although Qatar did not gain full independence from the Ottoman Empire, the result of the battle forced a treaty that would later form the basis of Qatar’s emerging as an autonomous country within the empire.[73]

British rule (1916–1971)

Zubarah Fort built in 1938.

The Ottoman Empire fell into disorder after losing battles in different fronts in the Middle Eastern theatre of World War I. Qatar took part in the Arab revolt against the Ottomans. The revolt was successful and Ottoman rule in the country further declined. The United Kingdom and the Ottoman Empire accorded their recognition to Sheikh Abdullah bin Jassim Al Thani and his successors’ right to rule over the whole of the Qatari Peninsula. The Ottomans renounced all their rights to Qatar and, following the outbreak of the First World War, Abdullah bin Jassim Al Thani (who was pro-British) forced them to abandon Doha in 1915.[74]

As a result of the partitioning of the Ottoman Empire, Qatar became a British protectorate on 3 November 1916. On that day, the United Kingdom signed a treaty with Sheikh Abdullah bin Jassim Al Thani to bring Qatar under its Trucial System of Administration. While Abdullah agreed not to enter into any relations with any other power without prior consent of the British government, the British guaranteed the protection of Qatar from all aggression by sea.[74] On 5 May 1935, Abdullah signed another treaty with the British government which granted Qatar protection against internal and external threats.[74] Oil reserves were first discovered in 1939. However, exploitation was delayed by World War II.

The sphere of influence of the British Empire started diminishing after World War II, particularly after the Independence of India and Pakistan in 1947. In the 1950s, oil began replacing pearling and fishing as Qatar’s main sources of revenue. Oil earnings began to fund the expansion and modernisation of Qatar’s infrastructure. Pressure for a British withdrawal from the Arab emirates in the Persian Gulf increased during the 1950s. When Britain officially announced in 1968 that it would politically disengage from the Persian Gulf in three years’ time, Qatar joined Bahrain and seven other Trucial States in a federation. Regional disputes, however, quickly compelled Qatar to resign and declare independence from the coalition which would eventually evolve into the United Arab Emirates.

Independence and aftermath (1971–present)

Traditional dhows in front of the West Bay skyline as seen from the Doha Corniche.

The State of Qatar entered into a general maritime truce with the United Kingdom in 1868. A General Treaty was concluded between the two on 3 November 1916. The General Treaty reserved foreign affairs and defence to the United Kingdom but allowed internal autonomy. On 3 September 1971, those “special treaty arrangements” that were “inconsistent with full international responsibility as a sovereign and independent state” were terminated.[75] This was done under an agreement reached between the Ruler of Qatar and the Government of the United Kingdom.[76][75]

In 1991, Qatar played a significant role in the Gulf War, particularly during the Battle of Khafji in which Qatari tanks rolled through the streets of the town and provided fire support for Saudi Arabian National Guard units that were engaging Iraqi Army troops. Qatar allowed coalition troops from Canada to use the country as an airbase to launch aircraft on CAP duty and also permitted air forces from the United States and France to operate in its territories.[35]

In 1995, Emir Hamad bin Khalifa Al Thani seized control of the country from his father Khalifa bin Hamad Al Thani, with the support of the armed forces and cabinet, as well as neighbouring states[77] and France.[78] Under Emir Hamad, Qatar has experienced a moderate degree of liberalisation, including the launch of the Al Jazeera television station (1996), the endorsement of women’s suffrage or right to vote in municipal elections (1999), drafting its first written constitution (2005) and inauguration of a Roman Catholic church (2008). In 2010, Qatar won the rights to host the 2022 FIFA World Cup, making it the first country in the Middle East to be selected to host the tournament. The Emir announced Qatar’s plans to hold its first national legislative elections in 2013. They were scheduled to be held in the second half of 2013, but were postponed in June 2013 and may be delayed until 2019.

In 2003, Qatar served as the US Central Command headquarters and one of the main launching sites of the invasion of Iraq.[79] In March 2005, a suicide bombing killed a British teacher at the Doha Players Theatre, shocking the country, which had not previously experienced acts of terrorism. The bombing was carried out by Omar Ahmed Abdullah Ali, an Egyptian resident in Qatar who had suspected ties to Al-Qaeda in the Arabian Peninsula.[80][81] In 2011, Qatar joined NATO operations in Libya and reportedly armed Libyan opposition groups.[82] It is also currently a major funder of weapons for rebel groups in the Syrian civil war.[83] Qatar is pursuing an Afghan peace deal and in January 2012 the Afghan Taliban said they were setting up a political office in Qatar to facilitate talks.

In June 2013, Sheikh Tamim bin Hamad Al Thani became the Emir of Qatar after his father handed over power in a televised speech.[84] Sheikh Tamim has prioritised improving the domestic welfare of citizens, which includes establishing advanced healthcare and education systems, and expanding the country’s infrastructure in preparation for the hosting of the 2022 World Cup.[85]

Qatar participated in the Saudi Arabian-led intervention in Yemen against the Houthis and forces loyal to former President Ali Abdullah Saleh, who was deposed in the 2011 Arab Spring uprisings.[86]

In June 2017, Egypt, Saudi Arabia, United Arab Emirates, Bahrain, Yemen and Libya cut off diplomatic relations with Qatar, citing the country’s support of groups they considered to be extremist. [87]

Politics

Emir Tamim bin Hamad Al Thani with U.S. President Donald Trump in May 2017

Qatar is either a constitutional[13][14] or an absolute monarchy[16][18] ruled by the Al Thani family.[88][89] The Al Thani dynasty has been ruling Qatar since the family house was established in 1825.[1] In 2003, Qatar adopted a constitution that provided for the direct election of 30 of the 45 members of the Legislative Council.[1][90][91] The constitution was overwhelmingly approved in a referendum, with almost 98% in favour.[19][20]

The eighth Emir of Qatar is Tamim bin Hamad Al Thani, whose father Hamad bin Khalifa Al Thani handed power to him on 25 June 2013.[92] The supreme chancellor has the exclusive power to appoint and remove the prime minister and cabinet ministers who, together, constitute the Council of Ministers, which is the supreme executive authority in the country.[93] The Council of Ministers also initiates legislation. Laws and decrees proposed by the Council of Ministers are referred to the Advisory Council (Majilis Al Shura) for discussion after which they are submitted to the Emir for ratification.[93] A Consultative Assembly has limited legislative authority to draft and approve laws, but the Emir has final say on all matters.[1] The current Council is composed entirely of members appointed by the Emir,[1] as no legislative elections have been held since 1970 when there were partial elections to the body.[1] Legislative elections have been postponed until at least 2019.[94]

Qatari law does not permit the establishment of political bodies or trade unions.[95]

Sharia law

According to Qatar’s Constitution, Sharia law is the main source of Qatari legislation.[96][97] In practice, Qatar’s legal system is a mixture of civil law and Sharia law.[98][99] Sharia law is applied to family law, inheritance, and several criminal acts (including adultery, robbery and murder). In some cases, Sharia-based family courts treat a female’s testimony as being worth half that of a man.[100] Codified family law was introduced in 2006. Islamic polygyny is permitted.[78]

Judicial corporal punishment is common in Qatar due to the Hanbali interpretation of Sharia Law. Flogging is employed as a punishment for alcohol consumption or illicit sexual relations.[101] Article 88 of Qatar’s criminal code declares that the penalty for adultery is 100 lashes,[102] and in 2006, a Filipino woman received that punishment.[102] In 2010, at least 18 people (mostly foreign nationals) were sentenced to receive between 40 and 100 lashes for offences involving “illicit sexual relations” or alcohol consumption.[103] In 2011, at least 21 people (mostly foreign nationals) were sentenced to between 30 and 100 lashes for the same reasons,[104] and in 2012, six expatriates were sentenced to either 40 or 100 lashes.[101] Only Muslims considered medically fit are liable to have such sentences carried out. It is unknown if the sentences were implemented.[105] In April 2013, a Muslim expatriate was sentenced to 40 lashes for alcohol consumption,[106][107][108] and in June 2014, a Muslim expatriate was sentenced to 40 lashes for consuming alcohol and driving under the influence.[109] Stoning is a legal punishment in Qatar,[110] and apostasy and homosexuality are crimes punishable by the death penalty.[111][112] Blasphemy can result in up to seven years in prison, while proselytising can incur a 10-year sentence.[111] Homosexuality is a crime punishable by the death penalty.

Alcohol consumption is partially legal in Qatar; some five-star luxury hotels are allowed to sell alcohol to their non-Muslim custo