Benghazi

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

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The Pronk Pops Show Podcasts

Pronk Pops Show 939,  August 2, 2017

Pronk Pops Show 938,  August 1, 2017

Pronk Pops Show 937,  July 31, 2017

Pronk Pops Show 936,  July 27, 2017

Pronk Pops Show 935,  July 26, 2017

Pronk Pops Show 934,  July 25, 2017

Pronk Pops Show 934,  July 25, 2017

Pronk Pops Show 933,  July 24, 2017

Pronk Pops Show 932,  July 20, 2017

Pronk Pops Show 931,  July 19, 2017

Pronk Pops Show 930,  July 18, 2017

Pronk Pops Show 929,  July 17, 2017

Pronk Pops Show 928,  July 13, 2017

Pronk Pops Show 927,  July 12, 2017

Pronk Pops Show 926,  July 11, 2017

Pronk Pops Show 925,  July 10, 2017

Pronk Pops Show 924,  July 6, 2017

Pronk Pops Show 923,  July 5, 2017

Pronk Pops Show 922,  July 3, 2017 

Pronk Pops Show 921,  June 29, 2017

Pronk Pops Show 920,  June 28, 2017

Pronk Pops Show 919,  June 27, 2017

Pronk Pops Show 918,  June 26, 2017 

Pronk Pops Show 917,  June 22, 2017

Pronk Pops Show 916,  June 21, 2017

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Image result for trump for Reforming American Immigration for Strong Employment (RAISE) Act

Image result for RAISE ACT immigration

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

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

President Trump signs Russian sanctions bill Fox News Video

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

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

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

Trump Signs Sanctions Bill – Another Deep State Victory

Real Bipartisanship: Republicans And Democrats Unite For New Cold War

Germany growing sick of US sanctions on Russia

Russians See Sanctions Regime as a Blessing in Disguise

Trump signs Russia sanctions bill but blasts Congress

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

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

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

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

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

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

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

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

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

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

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

The statements drew mixed reaction on Capitol Hill.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Trump announces new immigration policy

Published on Aug 2, 2017

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

 

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

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

 

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

Senator Tom Cotton, Immigration Reform, and the RAISE Act

Senators David Perdue and Tom Cotton RAISE Act Press Conference

Immigration by the Numbers — Off the Charts

Sen.Barbara Jordan Legal Immigration Recommendations

2015 Barbara Jordan TV ad

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

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

Milton Friedman – Illegal Immigration – PT 1

Milton Friedman – Illegal Immigration – PT 2

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

Obama’s Amnesty & How Illegal Immigration Affects Us

The Impact of Immigration on Jobs and Income

 

Trump, GOP senators unveil measure to cut legal immigration

Trump, GOP senators unveil measure to cut legal immigration

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

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

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

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

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

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

About 1 million immigrants receive green cards per year.

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

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

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

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

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

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

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

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

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

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

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

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

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

Sen. Cotton Officially Introduces RAISE Act

PUBLISHED:

Thu, FEB 16th 2017 @ 9:40am EST

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

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

The RAISE Act would:

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

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

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

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

 

 

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

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

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FISA: 702 Collection

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

How the Senate hearing on surveillance turned into a Russia hearing

Blunt Questions National Security Officials Regarding Russia Investigation & FISA 6/7/17

FULL: Rosenstein, Intel Chiefs Testify at Senate Hearing on President Trump and Russia Investigation

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 903, June 1, 2017, Breaking — Story 1: The United States Ceases Implementation of Non-Binding Paris Accord on Climate Change — American Jobs Matter — Videos — Story 2: Part 2: Portrait of A Paranoid:  Hillary Clinton Unplugged And Weaponized — Blames Russians, Comey, Democratic Party, Fake News, Wikileaks, and Many Others — Not Herself  — The Emails and Server Were A “Nothing Burger” (Actually Criminal Behavior)  — Videos —

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Story 1: The United States Ceases Implementation of Non-Binding Paris Accord on Climate Change — American Jobs Matter — Videos —

“As of today, the United States will cease all implementation of the non-binding Paris accord and the draconian financial and economic burdens the agreement imposes on our country”

~President Donald J. Trump, June 1, 2017

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Trump announces US withdrawal from Paris climate deal

Andrew BEATTY
AFP June 1, 2017

US President Donald Trump said the United States would abandon the Paris climate deal -- but was open to negotiating a new one

US President Donald Trump said the United States would abandon the Paris climate deal — but was open to negotiating a new one (AFP Photo/Brendan Smialowski)

Washington (AFP) – President Donald Trump on Thursday announced America’s withdrawal from the Paris climate deal, signaling a policy shift with wide-ranging repercussions for the climate and Washington’s ties with the world.

In a highly anticipated statement from the White House Rose Garden, Trump said the United States would abandon the current deal — but was open to negotiating a new one.

“As of today, the United States will cease all implementation of the non-binding Paris accord and the draconian financial and economic burdens the agreement imposes on our country,” Trump said.

“We’re getting out but we’ll start to negotiate and we will see if we can make a deal that’s fair. And if we can, that’s great. And if we can’t, that’s fine.”

Although details and the timeframe are still unclear, Trump argued that the agreement was a bad deal for Americans and that he was keeping a campaign promise to put American workers first.

“I cannot, in good conscience, support a deal that punishes the United States, which is what it does,” Trump said.

The White House has told allies the 2015 deal was signed by President Barack Obama out of “desperation.”

Trump faced last-minute pressure from business tycoons, foreign allies and from inside his own White House not to pull out of the 196-party accord.

Ever the showman, the 70-year-old gave his decision a reality-TV-style tease, refusing to indicate his preference either way until his announcement.

His decision could seriously hamper efforts to cut emissions and limit global temperature increases. The United States is the world’s second largest emitter of greenhouse gases, after China.

Opponents of withdrawal — said to include Trump’s own daughter Ivanka — have warned that America’s reputation and its leadership role on the world stage are also at stake, as is the environment.

Nicaragua and Syria are the only countries not party to the Paris accord, the former seeing it as not ambitious enough and the latter being racked by a brutal civil war.

– Diplomatic pressure –

Trump’s long wind-up prompted fierce lobbying, with his environmental protection chief Scott Pruitt and chief strategist Steve Bannon urging the president to leave.

A dozen large companies including oil major BP, agrochemical giant DuPont, Google, Intel and Microsoft, have also urged Trump to remain part of the deal.

Tesla and SpaceX boss Elon Musk said he would have “no choice” but to leave White House-backed business councils if Trump pulls out.

On the diplomatic front, German Chancellor Angela Merkel led the “remain” camp, publicly describing the deal as “essential,” and suggesting other countries would press ahead regardless.

Trump raised alarm bells when he refused to sign up to a pledge on the deal at last week’s G7 meeting in Italy.

Merkel on Saturday labelled the result of the “six against one” discussion “very difficult, not to say very unsatisfactory.”

European Commission President Jean-Claude Juncker was less diplomatic, all but accusing the US president of being ill-informed.

“I am a transatlanticist. But if the US president in the next hours and days says that he will get out of the Paris accord, then it’s the responsibility of Europe to say: that’s not acceptable.”

He noted that it would likely take three or four years to exit from the Paris deal, and revealed that world leaders had sought to explain that to Trump at the G7 summit.

“As it appears, that attempt failed,” said Juncker.

– China pledge –

Hours ahead of Trump’s announcement, China’s Premier Li Keqiang also pledged to stay the course on implementing the climate accord, and urged other countries to do likewise.

“China will continue to implement promises made in the Paris Agreement, to move towards the 2030 goal step by step steadfastly,” Li said in a Berlin joint press conference with Merkel.

“But of course, we also hope to do this in cooperation with others.”

China has been investing billions in clean energy infrastructure, as its leaders battle to clear up the choking pollution enveloping its biggest cities, including Beijing.

China and the US are responsible for some 40 percent of the world’s emissions and experts warn is vital for both to remain in the Paris agreement if it is to succeed.

The leader of Asia’s other behemoth, Indian Prime Minister Narendra Modi, said this week failing to act on climate change would be “morally criminal”.

– Contradictory signals –

Trump’s announcement comes less than 18 months after the historic climate pact was adopted in the French capital, the fruit of a hard-fought agreement between Beijing and Washington under Obama’s leadership.

The Paris Agreement commits signatories to efforts to reduce greenhouse gas emissions that cause global warming, which is blamed for melting ice caps and glaciers, rising sea levels and more violent weather events.

They vowed steps to keep the worldwide rise in temperatures “well below” two degrees Celsius (3.6 degrees Fahrenheit) from pre-industrial times and to “pursue efforts” to hold the increase under 1.5 degrees Celsius.

Since taking office on January 20, Trump, who has called climate change a “hoax”, has sent contradictory signals on the Paris deal.

When asked on Tuesday whether Trump believes human activity is contributing to climate change, White House spokesman Sean Spicer told reporters, “Honestly, I haven’t asked him that. I can get back to you.”

https://www.yahoo.com/news/china-europe-lead-climate-world-waits-trump-103213516.html

Paris Agreement

From Wikipedia, the free encyclopedia
Paris Agreement
Paris Agreement under the United Nations Framework Convention on Climate Change
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  Parties
  Signatories
  Parties also covered by European Union ratification
  Signatories also covered by European Union ratification
Drafted 30 November – 12 December 2015
Signed 22 April 2016
Location New York
Sealed 12 December 2015
Effective 4 November 2016[1][2]
Condition Ratification/Accession by 55 UNFCCC Parties, accounting for 55% of global greenhouse gas emissions
Signatories 195[1]
Parties 147[1]
Depositary Secretary-General of the United Nations
Languages Arabic, Chinese, English, French, Russian and Spanish
Paris Agreement at Wikisource

The Paris Agreement (French: Accord de Paris) is an agreement within the United Nations Framework Convention on Climate Change (UNFCCC) dealing with greenhouse gas emissions mitigation, adaptation and finance starting in the year 2020. The language of the agreement was negotiated by representatives of 195 countries at the 21st Conference of the Parties of the UNFCCC in Paris and adopted by consensus on 12 December 2015.[3][4] It was opened for signature on 22 April 2016 (Earth Day) at a ceremony in New York.[5] As of May 2017, 195 UNFCCC members have signed the agreement, 147 of which have ratified it.[1] After several European Union states ratified the agreement in October 2016, there were enough countries that had ratified the agreement that produce enough of the world’s greenhouse gases for the agreement to enter into force.[6] The agreement went into effect on 4 November 2016.[2]

The head of the Paris Conference, France’s foreign minister Laurent Fabius, said this “ambitious and balanced” plan is a “historic turning point” in the goal of reducing global warming.[7] One year on, the ratification of the Paris Agreement was celebrated by the Mayor of Paris Anne Hidalgo by illuminating the Eiffel Tower and the Arc de Triomphe, Paris’ most iconic monuments, in green.[8]

On June 1, 2017, U.S. PresidentDonald Trump announced that the United States would withdraw from the agreement.[9][10]

Content

Aims

The aim of the convention is described in Article 2, “enhancing the implementation” of the UNFCCC through:[11]

“(a) Holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 °C above pre-industrial levels, recognizing that this would significantly reduce the risks and impacts of climate change;
(b) Increasing the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development, in a manner that does not threaten food production;
(c) Making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development.”

Countries furthermore aim to reach “global peaking of greenhouse gas emissions as soon as possible”. The agreement has been described as an incentive for and driver of fossil fuel divestment.[12][13]

The Paris deal is the world’s first comprehensive climate agreement.[14]

Nationally determined contributions and their limits

The contribution that each individual country should make in order to achieve the worldwide goal are determined by all countries individually and called “nationally determined contributions” (NDCs).[15] Article 3 requires them to be “ambitious”, “represent a progression over time” and set “with the view to achieving the purpose of this Agreement”. The contributions should be reported every five years and are to be registered by the UNFCCC Secretariat.[16] Each further ambition should be more ambitious than the previous one, known as the principle of ‘progression’.[17] Countries can cooperate and pool their nationally determined contributions. The Intended Nationally Determined Contributions pledged during the 2015 Climate Change Conference serve—unless provided otherwise—as the initial Nationally determined contribution.

The level of NDCs set by each country[18] will set that country’s targets. However the ‘contributions’ themselves are not binding as a matter of international law, as they lack the specificity, normative character, or obligatory language necessary to create binding norms.[19] Furthermore, there will be no mechanism to force[20] a country to set a target in their NDC by a specific date and no enforcement if a set target in an NDC is not met.[18][21] There will be only a “name and shame” system[22] or as János Pásztor, the U.N. assistant secretary-general on climate change, told CBS News (US), a “name and encourage” plan.[23] As the agreement provides no consequences if countries do not meet their commitments, consensus of this kind is fragile. A trickle of nations exiting the agreement may trigger the withdrawal of more governments, bringing about a total collapse of the agreement.[24]

The negotiators of the Agreement however stated that the NDCs and the 2 °C reduction target were insufficient, instead, a 1.5 °C target is required, noting “with concern that the estimated aggregate greenhouse gas emission levels in 2025 and 2030 resulting from the intended nationally determined contributions do not fall within least-cost 2 ̊C scenarios but rather lead to a projected level of 55 gigatonnes in 2030”, and recognizing furthermore “that much greater emission reduction efforts will be required in order to hold the increase in the global average temperature to below 2 ̊C by reducing emissions to 40 gigatonnes or to 1.5 ̊C”.[25]

Although not the sustained temperatures over the long term to which the Agreement addresses, in the first half of 2016 average temperatures were about 1.3 °C (2.3 degrees Fahrenheit) above the average in 1880, when global record-keeping began.[26]

When the agreement achieved enough signatures to cross the threshold on 5 October 2016, US President Barack Obama claimed that “Even if we meet every target, we will only get to part of where we need to go,” and that “This agreement will help delay or avoid some of the worse consequences of climate change will help other nations ratchet down their emissions over time.”[27]

Global stocktake

The global stocktake will kick off with a “facilitative dialogue” in 2018. At this convening, parties will evaluate how their NDCs stack up to the nearer-term goal of peaking global emissions and the long-term goal of achieving net zero emissions by the second half of this century.[28]

The implementation of the agreement by all member countries together will be evaluated every 5 years, with the first evaluation in 2023. The outcome is to be used as input for new nationally determined contributions of member states.[29]The stocktake will not be of contributions/achievements of individual countries but a collective analysis of what has been achieved and what more needs to be done.

The stocktake works as part of the Paris Agreement’s effort to create a “ratcheting up” of ambition in emissions cuts. Because analysts have agreed that the current NDCs will not limit rising temperatures below 2 degrees Celsius, the global stocktake reconvenes parties to assess how their new NDCs must evolve so that they continually reflect a country’s “highest possible ambition”.[28]

While ratcheting up the ambition of NDCs is a major aim of the global stocktake, it assesses efforts beyond mitigation. The 5 year reviews will also evaluate adaptation, climate finance provisions, and technology development and transfer.[28]

Structure

The Paris Agreement has a ‘bottom up’ structure in contrast to most international environmental law treaties which are ‘top down’, characterised by standards and targets set internationally, for states to implement.[30] Unlike its predecessor, the Kyoto Protocol, which sets commitment targets that have legal force, the Paris Agreement, with its emphasis on consensus-building, allows for voluntary and nationally determined targets.[31] The specific climate goals are thus politically encouraged, rather than legally bound. Only the processes governing the reporting and review of these goals are mandated under international law. This structure is especially notable for the United States—because there are no legal mitigation or finance targets, the agreement is considered an “executive agreement rather than a treaty”. Because the UNFCCC treaty of 1992 received the consent of the Senate, this new agreement does not require further legislation from Congress for it to take effect.[31]

Another key difference between Paris Agreement and the Kyoto Protocol is its scope. While the Kyoto Protocol differentiated between Annex-1 and non-Annex-1 countries, this bifurcation is blurred in the Paris Agreement, as all parties will be required to submit emissions reductions plans.[32] While the Paris Agreement still emphasizes the principle of “Common but Differentiated Responsibility and Respective Capabilities”—the acknowledgement that different nations have different capacities and duties to climate action—it does not provide a specific division between developed and developing nations.[32]

Mitigation provisions and carbon markets

Article 6 has been flagged as containing some of the key provisions of the Paris Agreement.[33] Broadly, it outlines the cooperative approaches that parties can take in achieving their nationally determined carbon emissions reductions. In doing so, it helps establish the Paris Agreement as a framework for a global carbon market.[34]

Linkages and ITMOs

Paragraphs 6.2 and 6.3 establish a framework to govern the international transfer of mitigation outcomes (ITMOs). The Agreement recognizes the rights of Parties to use emissions reductions outside of their own jurisdiction toward their NDC, in a system of carbon accounting and trading.[34]

This provision requires the “linkage” of various carbon emissions trading systems—because measured emissions reductions must avoid “double counting”, transferred mitigation outcomes must be recorded as a gain of emission units for one party and a reduction of emission units for the other.[33] Because the NDCs, and domestic carbon trading schemes, are heterogeneous, the ITMOs will provide a format for global linkage under the auspices of the UNFCCC.[35]The provision thus also creates a pressure for countries to adopt emissions management systems—if a country wants to use more cost-effective cooperative approaches to achieve their NDCs, they will need to monitor carbon units for their economies.[36]

The Sustainable Development Mechanism

Paragraphs 6.4-6.7 establish a mechanism “to contribute to the mitigation of greenhouse gases and support sustainable development”.[37] Though there is no specific name for the mechanism as yet, many Parties and observers have informally coalesced around the name “Sustainable Development Mechanism” or “SDM”.[38][39] The SDM is considered to be the successor to the Clean Development Mechanism, a flexible mechanism under the Kyoto Protocol, by which parties could collaboratively pursue emissions reductions for their Intended Nationally Determined Contributions. The Sustainable Development Mechanism lays the framework for the future of the Clean Development Mechanism post-Kyoto (in 2020).

In its basic aim, the SDM will largely resemble the Clean Development Mechanism, with the dual mission to 1. contribute to global GHG emissions reductions and 2. support sustainable development.[40] Though the structure and processes governing the SDM are not yet determined, certain similarities and differences from the Clean Development Mechanism can already be seen. Notably, the SDM, unlike the Clean Development Mechanism, will be available to all parties as opposed to only Annex-1 parties, making it much wider in scope.[41]

Since the Kyoto Protocol went into force, the Clean Development Mechanism has been criticized for failing to produce either meaningful emissions reductions or sustainable development benefits in most instances.[42] It has also suffered from the low price of Certified Emissions Reductions (CERs), creating less demand for projects. These criticisms have motivated the recommendations of various stakeholders, who have provided through working groups and reports, new elements they hope to see in SDM that will bolster its success.[35] The specifics of the governance structure, project proposal modalities, and overall design are expected to come during the next[when?]Conference of the Parties in Marrakesh.

Adaptation provisions

Adaptation issues garnered more focus in the formation of the Paris Agreement. Collective, long-term adaptation goals are included in the Agreement, and countries must report on their adaptation actions, making adaptation a parallel component of the agreement with mitigation.[43] The adaptation goals focus on enhancing adaptive capacity, increasing resilience, and limiting vulnerability.[44]

Ensuring finance

In the Paris Agreement, the developed countries reaffirmed the commitment to mobilize $100 billion a year in climate finance by 2020, and agreed to continue mobilizing finance at the level of $100 billion a year until 2025.[45] The commitment refers to the pre-existing plan to provide US$100 billion a year in aid to developing countries for actions on climate change adaptation and mitigation.[46]

Though both mitigation and adaptation require increased climate financing, adaptation has typically received lower levels of support and has mobilised less action from the private sector.[43] A 2014 report by the OECD found that just 16 percent of global finance was directed toward climate adaptation in 2014.[47] The Paris Agreement called for a balance of climate finance between adaptation and mitigation, and specifically underscoring the need to increase adaptation support for parties most vulnerable to the effects of climate change, including Least Developed Countries and Small Island Developing States. The agreement also reminds parties of the importance of public grants, because adaptation measures receive less investment from the public sector.[43] John Kerry, as Secretary of State, announced that grant-based adaptation finance would double by 2020.[31]

Some specific outcomes of the elevated attention to adaptation financing in Paris include the G7 countries’ announcement to provide US $420 million for Climate Risk Insurance, and the launching of a Climate Risk and Early Warning Systems (CREWS) Initiative.[48] In early March 2016, the Obama administration gave a $500 million grant to the “Green Climate Fund” as “the first chunk of a $3 billion commitment made at the Paris climate talks.”[49][50][52]So far, the Green Climate Fund has now received over $10 billion in pledges. Notably, the pledges come from developed nations like France, the US, and Japan, but also from developing countries such as Mexico, Indonesia, and Vietnam.[31]

Loss and damage

A new issue that emerged as a focal point in the Paris negotiations rose from the fact that many of the worst effects of climate change will be too severe or come too quickly to be avoided by adaptation measures.[51] The Paris Agreement specifically acknowledges the need to address loss and damage of this kind, and aims to find appropriate responses.[51] It specifies that loss and damage can take various forms—both as immediate impacts from extreme weather events, and slow onset impacts, such as the loss of land to sea-level rise for low-lying islands.[31]

The push to address loss and damage as a distinct issue in the Paris Agreement came from the Alliance of Small Island States and the Least Developed Countries, whose economies and livelihoods are most vulnerable to the negative impacts of climate change.[31] Developed countries, however, worried that classifying the issue as one separate and beyond adaptation measures would create yet another climate finance provision, or might imply legal liability for catastrophic climate events.

In the end, all parties acknowledged the need for “averting, minimizing, and addressing loss and damage” but notably excludes any mention of compensation or liability.[11] The agreement also adopts the Warsaw International Mechanism for Loss and Damage, an institution that will attempt to address questions about how to classify, address, and share responsibility for loss and damage.[51]

Enhanced transparency framework

While each Party’s NDC is not legally binding, the Parties are legally bound to have their progress tracked by technical expert review to assess achievement toward the NDC, and to determine ways to strengthen ambition.[52] Article 13 of the Paris Agreement articulates an “enhanced transparency framework for action and support” that establishes harmonized monitoring, reporting, and verification (MRV) requirements. Thus, both developed and developing nations must report every two years on their mitigation efforts, and all parties will be subject to both technical and peer review.[52]

Flexibility mechanisms

While the enhanced transparency framework is universal, along with the global stocktaking to occur every 5 years, the framework is meant to provide “built-in flexibility” to distinguish between developed and developing countries’ capacities. In conjunction with this, the Paris Agreement has provisions for an enhanced framework for capacity building.[53] The agreement recognizes the varying circumstances of some countries, and specifically notes that the technical expert review for each country consider that country’s specific capacity for reporting.[53] The agreement also develops a Capacity-Building Initiative for Transparency to assist developing countries in building the necessary institutions and processes for complying with the transparency framework.[53]

There are several ways in which flexibility mechanisms can be incorporated into the enhanced transparency framework. The scope, level of detail, or frequency of reporting may all be adjusted and tiered based on a country’s capacity. The requirement for in-country technical reviews could be lifted for some less developed or small island developing countries. Ways to assess capacity include financial and human resources in a country necessary for NDC review.[53]

Adoption

Negotiations

Within the United Nations Framework Convention on Climate Change, legal instruments may be adopted to reach the goals of the convention. For the period from 2008 to 2012, greenhouse gas reduction measures were agreed in the Kyoto Protocol in 1997. The scope of the protocol was extended until 2020 with the Doha Amendment to that protocol in 2012.[54]

During the 2011 United Nations Climate Change Conference, the Durban Platform (and the Ad Hoc Working Group on the Durban Platform for Enhanced Action) was established with the aim to negotiate a legal instrument governing climate change mitigation measures from 2020. The resulting agreement was to be adopted in 2015.[55]

Adoption

Heads of delegations at the 2015 United Nations Climate Change Conference in Paris.

At the conclusion of COP 21 (the 21st meeting of the Conference of the Parties, which guides the Conference), on 12 December 2015, the final wording of the Paris Agreement was adopted by consensus by all of the 195 UNFCCC participating member states and the European Union[3] to reduce emissions as part of the method for reducing greenhouse gas. In the 12 page Agreement,[56]the members promised to reduce their carbon output “as soon as possible” and to do their best to keep global warming “to well below 2 degrees C” [3.6 degrees F].[57]

Signature and entry into force

Signing by John Kerry in United Nations General Assembly Hall for the United States

The Paris Agreement was open for signature by States and regional economic integration organizations that are Parties to the UNFCCC (the Convention) from 22 April 2016 to 21 April 2017 at the UN Headquarters in New York.[58]

The agreement stated that it would enter into force (and thus become fully effective) only if 55 countries that produce at least 55% of the world’s greenhouse gas emissions (according to a list produced in 2015)[59] ratify, accept, approve or accede to the agreement.[60][61] On 1 April 2016, the United States and China, which together represent almost 40% of global emissions, issued a joint statement confirming that both countries would sign the Paris Climate Agreement.[62][63] 175 Parties (174 states and the European Union) signed the treaty on the first date it was open for signature.[5][64] On the same day, more than 20 countries issued a statement of their intent to join as soon as possible with a view to joining in 2016. With ratification by the European Union, the Agreement obtained enough parties to enter into effect as of 4 November 2016.

European Union and its member states

Both the EU and its member states are individually responsible for ratifying the Paris Agreement. A strong preference was reported that the EU and its 28 member states deposit their instruments of ratification at the same time to ensure that neither the EU nor its member states engage themselves to fulfilling obligations that strictly belong to the other,[65] and there were fears that disagreement over each individual member state’s share of the EU-wide reduction target, as well as Britain’s vote to leave the EU might delay the Paris pact.[66] However, the European Parliament approved ratification of the Paris Agreement on 4 October 2016,[6] and the EU deposited its instruments of ratification on 5 October 2016, along with several individual EU member states.[66]

Parties and signatories

As of December 2016, 191 states and the European Union have signed the Agreement. 147 of those parties have ratified or acceded to the Agreement, most notably China and India, the countries with three of the four largest greenhouse gas emissions of the signatories’ total (about 42% together).[1][67][68]

Party or signatory[1] Percentage of greenhouse
gases for ratification[59]
Date of signature Date of deposit of instruments
of ratification or accession
Date when agreement
enters into force
 Afghanistan 0.05% 22 April 2016 15 February 2017 17 March 2017
 Albania 0.02% 22 April 2016 21 September 2016 4 November 2016
 Algeria 0.30% 22 April 2016 20 October 2016 19 November 2016
 Andorra 0.00% 22 April 2016 24 March 2017 23 April 2017
 Angola 0.17% 22 April 2016
 Antigua and Barbuda 0.00% 22 April 2016 21 September 2016 4 November 2016
 Argentina 0.89% 22 April 2016 21 September 2016 4 November 2016
 Armenia 0.02% 20 September 2016 23 March 2017 22 April 2017
 Australia 1.46% 22 April 2016 9 November 2016 9 December 2016
 Austria 0.21% 22 April 2016 5 October 2016 4 November 2016
 Azerbaijan 0.13% 22 April 2016 9 January 2017 8 February 2017
 Bahamas, The 0.00% 22 April 2016 22 August 2016 4 November 2016
 Bahrain 0.06% 22 April 2016 23 December 2016 22 January 2017
 Bangladesh 0.27% 22 April 2016 21 September 2016 4 November 2016
 Barbados 0.01% 22 April 2016 22 April 2016 4 November 2016
 Belarus 0.24% 22 April 2016 21 September 2016 4 November 2016
 Belgium 0.32% 22 April 2016 6 April 2017 6 May 2017
 Belize 0.00% 22 April 2016 22 April 2016 4 November 2016
 Benin 0.02% 22 April 2016 31 October 2016 30 November 2016
 Bhutan 0.00% 22 April 2016
 Bolivia 0.12% 22 April 2016 5 October 2016 4 November 2016
 Bosnia and Herzegovina 0.08% 22 April 2016 16 March 2017 15 April 2017
 Botswana 0.02% 22 April 2016 11 November 2016 11 December 2016
 Brazil 2.48% 22 April 2016 21 September 2016 4 November 2016
 Brunei N/A[a] 22 April 2016 21 September 2016 4 November 2016
 Bulgaria 0.15% 22 April 2016 29 November 2016 29 December 2016
 Burkina Faso 0.06% 22 April 2016 11 November 2016 11 December 2016
 Burundi 0.07% 22 April 2016
 Cambodia 0.03% 22 April 2016 6 February 2017 8 March 2017
 Cameroon 0.45% 22 April 2016 29 July 2016 4 November 2016
 Canada 1.95% 22 April 2016 5 October 2016 4 November 2016
 Cape Verde 0.00% 22 April 2016
 Central African Republic 0.01% 22 April 2016 11 October 2016 10 November 2016
 Chad 0.06% 22 April 2016 12 January 2017 11 February 2017
 Chile[69] 0.25% 20 September 2016 10 February 2017 12 March 2017
 China, People’s Republic of
 Hong Kong
 Macao
20.09% 22 April 2016 3 September 2016[67][70] 4 November 2016
 Colombia 0.41% 22 April 2016
 Comoros 0.00% 22 April 2016 23 November 2016 23 December 2016
 Congo, Democratic Republic of the 0.06% 22 April 2016
 Congo, Republic of the 0.01% 22 April 2016 21 April 2017 21 May 2017
 Cook Islands 0.00% 24 June 2016 1 September 2016 4 November 2016
 Costa Rica 0.03% 22 April 2016 13 October 2016 12 November 2016
 Côte d’Ivoire 0.73% 22 April 2016 25 October 2016 24 November 2016
 Croatia 0.07% 22 April 2016 24 May 2017 23 June 2017
 Cuba 0.10% 22 April 2016 28 December 2016 27 January 2017
 Cyprus 0.02% 22 April 2016 4 January 2017 3 February 2017
 Czech Republic 0.34% 22 April 2016
 Denmark[71] 0.15% 22 April 2016 1 November 2016 1 December 2016
 Djibouti 0.00% 22 April 2016 11 November 2016 11 December 2016
 Dominica 0.00% 22 April 2016 21 September 2016 4 November 2016
 Dominican Republic 0.07% 22 April 2016
 East Timor 0.00% 22 April 2016
 Ecuador 0.67% 26 July 2016
 Egypt 0.52% 22 April 2016
 El Salvador 0.03% 22 April 2016 27 March 2017 26 April 2017
 Equatorial Guinea N/A[a] 22 April 2016
 Eritrea 0.01% 22 April 2016
 Estonia 0.06% 22 April 2016 4 November 2016 4 December 2016
 Ethiopia 0.13% 22 April 2016 9 March 2017 8 April 2017
 European Union N/A[b] 22 April 2016 5 October 2016 4 November 2016
 Fiji 0.01% 22 April 2016 22 April 2016 4 November 2016
 Finland 0.17% 22 April 2016 14 November 2016 14 December 2016
 France 1.34% 22 April 2016 5 October 2016 4 November 2016
 Gabon 0.02% 22 April 2016 2 November 2016 2 December 2016
 Gambia, The 0.05% 26 April 2016 7 November 2016 7 December 2016
 Georgia 0.03% 22 April 2016 8 May 2017 7 June 2017
 Germany 2.56% 22 April 2016 5 October 2016 4 November 2016
 Ghana 0.09% 22 April 2016 21 September 2016 4 November 2016
 Greece 0.28% 22 April 2016 14 October 2016 13 November 2016
 Grenada 0.00% 22 April 2016 22 April 2016 4 November 2016
 Guatemala 0.04% 22 April 2016 25 January 2017 24 February 2017
 Guinea 0.01% 22 April 2016 21 September 2016 4 November 2016
 Guinea-Bissau 0.02% 22 April 2016
 Guyana 0.01% 22 April 2016 20 May 2016 4 November 2016
 Haiti 0.02% 22 April 2016
 Honduras 0.03% 22 April 2016 21 September 2016 4 November 2016
 Hungary 0.15% 22 April 2016 5 October 2016 4 November 2016
 Iceland 0.01% 22 April 2016 21 September 2016 4 November 2016
 India 4.10% 22 April 2016 2 October 2016 4 November 2016
 Indonesia 1.49% 22 April 2016 31 October 2016 30 November 2016
 Iran 1.30% 22 April 2016
 Iraq 0.20% 8 December 2016
 Ireland 0.16% 22 April 2016 4 November 2016 4 December 2016
 Israel 0.20% 22 April 2016 22 November 2016 22 December 2016
 Italy 1.18% 22 April 2016 11 November 2016 11 December 2016
 Jamaica 0.04% 22 April 2016 10 April 2017 10 May 2017
 Japan 3.79% 22 April 2016 8 November 2016 8 December 2016
 Jordan 0.07% 22 April 2016 4 November 2016 4 December 2016
 Kazakhstan 0.84% 2 August 2016 6 December 2016 5 January 2017
 Kenya 0.06% 22 April 2016 28 December 2016 27 January 2017
 Kiribati 0.00% 22 April 2016 21 September 2016 4 November 2016
 Korea, North 0.23% 22 April 2016 1 August 2016 4 November 2016
 Korea, South 1.85% 22 April 2016 3 November 2016 3 December 2016
 Kuwait 0.09% 22 April 2016
 Kyrgyzstan 0.03% 21 September 2016
 Laos 0.02% 22 April 2016 7 September 2016 4 November 2016
 Latvia 0.03% 22 April 2016 16 March 2017 15 April 2017
 Lebanon 0.07% 22 April 2016
 Lesotho 0.01% 22 April 2016 20 January 2017 19 February 2017
 Liberia 0.02% 22 April 2016
 Libya N/A[a] 22 April 2016
 Liechtenstein 0.00% 22 April 2016
 Lithuania 0.05% 22 April 2016 2 February 2017 4 March 2017
 Luxembourg 0.03% 22 April 2016 4 November 2016 4 December 2016
 Macedonia, Republic of 0.03% 22 April 2016
 Madagascar 0.08% 22 April 2016 21 September 2016 4 November 2016
 Malawi 0.07% 20 September 2016
 Malaysia 0.52% 22 April 2016 16 November 2016 16 December 2016
 Maldives 0.00% 22 April 2016 22 April 2016 4 November 2016
 Mali 0.03% 22 April 2016 23 September 2016 4 November 2016
 Malta 0.01% 22 April 2016 5 October 2016 4 November 2016
 Marshall Islands 0.00% 22 April 2016 22 April 2016 4 November 2016
 Mauritania 0.02% 22 April 2016 27 February 2017 29 March 2017
 Mauritius 0.01% 22 April 2016 22 April 2016 4 November 2016
 Mexico 1.70% 22 April 2016 21 September 2016 4 November 2016
 Micronesia 0.00% 22 April 2016 15 September 2016 4 November 2016
 Moldova 0.04% 21 September 2016
 Monaco 0.00% 22 April 2016 24 October 2016 23 November 2016
 Mongolia 0.05% 22 April 2016 21 September 2016 4 November 2016
 Montenegro 0.01% 22 April 2016
 Morocco 0.16% 22 April 2016 21 September 2016 4 November 2016
 Mozambique 0.02% 22 April 2016
 Myanmar 0.10% 22 April 2016
 Namibia 0.01% 22 April 2016 21 September 2016 4 November 2016
 Nauru 0.00% 22 April 2016 22 April 2016 4 November 2016
   Nepal 0.07% 22 April 2016 5 October 2016 4 November 2016
 Netherlands 0.53% 22 April 2016
 New Zealand[72] 0.22% 22 April 2016 4 October 2016 4 November 2016
 Niger 0.04% 22 April 2016 21 September 2016 4 November 2016
 Nigeria 0.57% 22 September 2016 16 May 2017 15 June 2017
 Niue 0.01% 28 October 2016 28 October 2016 27 November 2016
 Norway 0.14% 22 April 2016 20 June 2016 4 November 2016
 Oman 0.06% 22 April 2016
 Pakistan 0.43% 22 April 2016 10 November 2016 10 December 2016
 Palau 0.00% 22 April 2016 22 April 2016 4 November 2016
 Palestine N/A[c] 22 April 2016 22 April 2016 4 November 2016
 Panama 0.03% 22 April 2016 21 September 2016 4 November 2016
 Papua New Guinea 0.01% 22 April 2016 21 September 2016 4 November 2016
 Paraguay 0.06% 22 April 2016 14 October 2016 13 November 2016
 Peru 0.22% 22 April 2016 25 July 2016 4 November 2016
 Philippines 0.34% 22 April 2016 23 March 2017 22 April 2017
 Poland 1.06% 22 April 2016 7 October 2016 6 November 2016
 Portugal 0.18% 22 April 2016 5 October 2016 4 November 2016
 Qatar 0.17% 22 April 2016
 Romania 0.30% 22 April 2016
 Russia 7.53% 22 April 2016
 Rwanda 0.02% 22 April 2016 6 October 2016 5 November 2016
 Saint Kitts and Nevis 0.00% 22 April 2016 22 April 2016 4 November 2016
 Saint Lucia 0.00% 22 April 2016 22 April 2016 4 November 2016
 Saint Vincent and the Grenadines 0.00% 22 April 2016 29 June 2016 4 November 2016
 Samoa 0.00% 22 April 2016 22 April 2016 4 November 2016
 San Marino 0.00% 22 April 2016
 São Tomé and Príncipe 0.00% 22 April 2016 2 November 2016 2 December 2016
 Saudi Arabia 0.80% 3 November 2016 3 November 2016 3 December 2016
 Senegal 0.05% 22 April 2016 21 September 2016 4 November 2016
 Serbia 0.18% 22 April 2016
 Seychelles 0.00% 25 April 2016 29 April 2016 4 November 2016
 Sierra Leone 0.98%† 22 September 2016 1 November 2016 1 December 2016
 Singapore 0.13% 22 April 2016 21 September 2016 4 November 2016
 Slovakia 0.12% 22 April 2016 5 October 2016 4 November 2016
 Slovenia 0.05% 22 April 2016 16 December 2016 15 January 2017
 Solomon Islands 0.00% 22 April 2016 21 September 2016 4 November 2016
 Somalia N/A[a] 22 April 2016 22 April 2016 4 November 2016
 South Africa 1.46% 22 April 2016 1 November 2016 1 December 2016
 South Sudan N/A[a] 22 April 2016
 Spain 0.87% 22 April 2016 12 January 2017 11 February 2017
 Sri Lanka 0.05% 22 April 2016 21 September 2016 4 November 2016
 Sudan 0.18% 22 April 2016
 Suriname 0.01% 22 April 2016
 Swaziland 0.05% 22 April 2016 21 September 2016 4 November 2016
 Sweden 0.15% 22 April 2016 13 October 2016 12 November 2016
  Switzerland 0.14% 22 April 2016
 Tajikistan 0.02% 22 April 2016 22 March 2017 21 April 2017
 Tanzania 0.11% 22 April 2016
 Thailand 0.64% 22 April 2016 21 September 2016 4 November 2016
 Togo 0.02% 19 September 2016
 Tonga 0.00% 22 April 2016 21 September 2016 4 November 2016
 Trinidad and Tobago 0.04% 22 April 2016
 Tunisia 0.11% 22 April 2016 10 February 2017 12 March 2017
 Turkey 1.24% 22 April 2016
 Turkmenistan 0.20% 23 September 2016 20 October 2016 19 November 2016
 Tuvalu 0.00% 22 April 2016 22 April 2016 4 November 2016
 Uganda 0.07% 22 April 2016 21 September 2016 4 November 2016
 Ukraine 1.04% 22 April 2016 19 September 2016 4 November 2016
 United Arab Emirates 0.53% 22 April 2016 21 September 2016 4 November 2016
 United Kingdom 1.55% 22 April 2016 18 November 2016 18 December 2016
 Uruguay 0.05% 22 April 2016 19 October 2016 18 November 2016
 Uzbekistan 0.54% 19 April 2017
 Vanuatu 0.00% 22 April 2016 21 September 2016 4 November 2016
 Venezuela 0.52% 22 April 2016
 Vietnam 0.72% 22 April 2016 3 November 2016 3 December 2016
 Yemen 0.07% 23 September 2016
 Zambia 0.04% 20 September 2016 9 December 2016 8 January 2017
 Zimbabwe 0.18% 22 April 2016
Total 81.86% 194 146[1] (65.64% of global emissions[59])

† Though corresponding with the source the provided number for Sierra Leone’s emissions is incorrect. According to World Bank data, the correct 2000 emissions for Sierra Leone is 14,763 kt CO2-equivalents (not 365,107 kt), or 0.04% of the world total (not 0.98%).[74]

Non-signatories

The following UNFCCC member states are entitled to sign the Paris Agreement but have not done so. The Holy See is an observer state and can sign the Paris Agreement once it ascends to full membership.

Party or signatory Percentage of greenhouse
gases for ratification[59]
UNFCCC
membership
Notes
 Holy See N/A[a] Observer state The Holy See can’t sign the Paris Agreement until it becomes a full member of the UNFCCC. In 2015, Bernardito Auza stated that the Holy See intended to join the UNFCCC in order to sign the Paris Agreement.[75]
 Nicaragua 0.03% Member state In 2015, Nicaraguan envoy Paul Oquist criticized the Paris Agreement for not punishing countries who didn’t follow it. He stated Nicaragua will continue countering climate change on its own, with plans being that the country will be “90 percent renewable” by 2020.[76]
 Syria 0.21% Member state Syria was not expected to sign the Paris Agreement in 2015 due to the still ongoing Syrian Civil War.[76]
Total 0.24% 3

Withdrawn signatories

Party or signatory Percentage of greenhouse
gases for ratification[59]
Date of signature Date of deposit of instruments
of ratification or accession
Date when agreement
enters into force
Date of withdrawal
 United States 17.89% 22 April 2016 3 September 2016[67] 4 November 2016 1 June 2017
Total 17.89% 1

Critical reception

UNEP

According to UNEP the emission cut targets in November 2016 will result in temperature rise by 3 °C above preindustrial levels, far above the 2 °C of the Paris climate agreement.[77]

Perfectible accord

Al Gore stated that “no agreement is perfect, and this one must be strengthened over time, but groups across every sector of society will now begin to reduce dangerous carbon pollution through the framework of this agreement.”[78]

According to a study published in Nature in June 2016, current country pledges are too low to lead to a temperature rise below the Paris Agreement temperature limit of “well below 2 °C”.[79][80]

Lack of binding enforcement mechanism

Although the agreement was lauded by many, including French President François Hollande and UN Secretary General Ban Ki-moon,[61] criticism has also surfaced. For example, James Hansen, a former NASA scientist and a climate change expert, voiced anger that most of the agreement consists of “promises” or aims and not firm commitments.[81]

Institutional asset owners associations and think-tanks such as the World Pensions Council (WPC) have also observed that the stated objectives of the Paris Agreement are implicitly “predicated upon an assumption – that member states of the United Nations, including high polluters such as China, the US, India, Brazil, Canada, Russia, Indonesia and Australia, which generate more than half the world’s greenhouse gas emissions, will somehow drive down their carbon pollution voluntarily and assiduously without any binding enforcement mechanism to measure and control CO2 emissions at any level from factory to state, and without any specific penalty gradation or fiscal pressure (for example a carbon tax) to discourage bad behaviour. A shining example of what Roman lawyers called circular logic: an agreement (or argument) presupposing in advance what it wants to achieve.”[82]

See also

Notes

  1. ^ Jump up to:a b c d e f Emissions of parties to the UNFCCC that had not yet submitted their first national communication to the UNFCCC secretariat with an emissions inventory at the time of adoption of the Paris Agreement were not included in the figure for entry into force of the Agreement.[59]
  2. Jump up^ The emissions of the European Union are accounted for in the total of its individual member states.
  3. Jump up^ Emissions of states that were not a party to the UNFCCC at the time of adoption of the Paris Agreement,[73] which were thus not permitted to sign the Agreement, were not included in the totals for entry into force for the Agreement.

References

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

 

Story 2: Portrait of A Paranoid:  Hillary Clinton Unplugged And Weaponized — Blames Russians, Comey, Democratic Party, Fake News, Wikileaks, and Many Others — Not Herself  — The Emails and Server Were A “Nothing Burger” (Actually Criminal Behavior)  — Videos —

FULL EVENT: Hillary Clinton Speaks at Recode’s Code Conference (5-31-17)

FULL Hillary Clinton tears into Donald Trump at CodeCon

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Published on May 31, 2017

Former Secretary of State and 2016 Democratic Presidential Nominee Hillary Clinton speaks with Recode’s Kara Swisher and The Verge’s Walt Mossberg at the Code Conference about her loss in the election and how Russia and technology played into that.
» Subscribe to CNBC: http://cnb.cx/SubscribeCNBC

BLAME COMEY: Hillary Clinton Says “Yes, We Thought We Were Going to Win” the Day Before Election

TWITTER: GOOD OR BAD? Hillary Clinton Addresses Conspiracies, Lies, Disinformation on Social Media

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Story 2: Portrait of A Paranoid:  Hillary Clinton Unplugged And Weaponized — Blames Russians, Comey, Democratic Party, Fake News, Wikileaks, and Many Others — Not Herself  — The Emails and Server Were A “Nothing Burger” (Actually Criminal Behavior)  — Videos —

FULL EVENT: Hillary Clinton Speaks at Recode’s Code Conference (5-31-17)

FULL Hillary Clinton tears into Donald Trump at CodeCon

 Hillary Clinton: Russians Influenced Voters In The Election | CNBC

Published on May 31, 2017

Former Secretary of State and 2016 Democratic Presidential Nominee Hillary Clinton speaks with Recode’s Kara Swisher and The Verge’s Walt Mossberg at the Code Conference about her loss in the election and how Russia and technology played into that.
» Subscribe to CNBC: http://cnb.cx/SubscribeCNBC

BLAME COMEY: Hillary Clinton Says “Yes, We Thought We Were Going to Win” the Day Before Election

TWITTER: GOOD OR BAD? Hillary Clinton Addresses Conspiracies, Lies, Disinformation on Social Media

WATCH: Hillary Clinton Explains Trump’s “Bizarre Behavior and Appeal”

WATCH: Hillary Clinton Q&A at #CodeCon Code Conference

Story 2: Portrait of A Paranoid:  Hillary Clinton Unplugged And Weaponized — Blames Russians, Comey, Democratic Party, Fake News, Wikileaks, and Many Others — Not Herself  — The Emails and Server Were A “Nothing Burger” (Actually Criminal Behavior)  — Videos —

FULL EVENT: Hillary Clinton Speaks at Recode’s Code Conference (5-31-17)

FULL Hillary Clinton tears into Donald Trump at CodeCon

 Hillary Clinton: Russians Influenced Voters In The Election | CNBC

Published on May 31, 2017

Former Secretary of State and 2016 Democratic Presidential Nominee Hillary Clinton speaks with Recode’s Kara Swisher and The Verge’s Walt Mossberg at the Code Conference about her loss in the election and how Russia and technology played into that.
» Subscribe to CNBC: http://cnb.cx/SubscribeCNBC

BLAME COMEY: Hillary Clinton Says “Yes, We Thought We Were Going to Win” the Day Before Election

TWITTER: GOOD OR BAD? Hillary Clinton Addresses Conspiracies, Lies, Disinformation on Social Media

WATCH: Hillary Clinton Explains Trump’s “Bizarre Behavior and Appeal”

WATCH: Hillary Clinton Q&A at #CodeCon Code Conference

Story 2: Part 2: Portrait of A Paranoid:  Hillary Clinton Unplugged And Weaponized — Blames Russians, Comey, Democratic Party, Fake News, Wikileaks, and Many Others — Not Herself  — The Emails and Server Were A “Nothing Burger” (Actually Criminal Behavior)  — Videos —

Image result for cartoons hillary clinton blames losing on others

Image result for cartoons hillary clinton blames losing on othersImage result for Hillary Clinton blames Now's she's blaming 39 problems

Hillary’s Excuse Tour Continues | Tucker Hilariously Trolls

Now’s she’s blaming 39 problems, but a Hillary ain’t one.

FULL EVENT: Hillary Clinton Speaks at Recode’s Code Conference (5-31-17)

FULL Hillary Clinton tears into Donald Trump at CodeCon

 Hillary Clinton: Russians Influenced Voters In The Election | CNBC

Published on May 31, 2017

Former Secretary of State and 2016 Democratic Presidential Nominee Hillary Clinton speaks with Recode’s Kara Swisher and The Verge’s Walt Mossberg at the Code Conference about her loss in the election and how Russia and technology played into that.
» Subscribe to CNBC: http://cnb.cx/SubscribeCNBC

Hillary Clinton complains about DNC

BLAME COMEY: Hillary Clinton Says “Yes, We Thought We Were Going to Win” the Day Before Election

WATCH: Hillary Clinton Q&A at #CodeCon Code Conference

Hillary Clinton Blames Russians, James Comey, Fake News For Her Defeat In 2016 | TODAY

Clinton ‘Basket of Deplorables’ Remark Draws Fire

Donald Trump Absolutely Destroys Hillary Clinton On Her Basket Of Deplorable Remarks!

Hillary Clinton lying for 13 minutes straight.

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The Pronk Pops Show 897, May 22, 2017, Story 1: President Trump’s Landmark Historic Speech To 50 majority-Muslim countries attending the Arab-Islamic-American Summit in Riyadh. — President Trump: “… A better future is only possible if your nations drive out the terrorists and extremists. Drive. Them. Out.” — Videos — Story 2: President Trump Arrives In Israel — Iran Must Not Have Nuclear Weapons — Videos — Breaking — Story 3: Explosions in England’s Manchester Arena At Completion of Ariana Grande Concert With Several Killed and Injured — Videos

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Image result for trump speach to 50 plus islamic countries in saudi arabiaImage result for trump speach to 50 plus islamic countries in saudi arabiaImage result for trump leaves saudi arabia may 22, 2017Image result for trump leaves saudi arabia for israel may 22, 2017 trump wife and king

Image result for explosion manchester arena

Story 1: President Trump’s Landmark Historic Speech To 50 majority-Muslim countries attending the Arab-Islamic-American Summit in Riyadh. —  President Trump:  “… A better future is only possible if your nations drive out the terrorists and extremists. Drive. Them. Out.” — Videos —

It is a choice between two futures — and it is a choice America CANNOT make for you.
A better future is only possible if your nations drive out the terrorists and extremists. Drive. Them. Out.
DRIVE THEM OUT of your places of worship.
DRIVE THEM OUT of your communities.
DRIVE THEM OUT of your holy land, and
DRIVE THEM OUT OF THIS EARTH.

Image result for trump arrives in saudi arabiaImage result for trump arrives in saudi arabiaImage result for trump arrives in saudi arabiaImage result for trump arrives in saudi arabiaImage result for trump arrives in saudi arabiaImage result for trump arrives in saudi arabiaImage result for trump arrives in saudi arabiaImage result for trump speach to 50 plus islamic countries in saudi arabiaImage result for trump speach to 50 plus islamic countries in saudi arabiaImage result for trump speach to 50 plus islamic countries in saudi arabiaImage result for trump speach to 50 plus islamic countries in saudi arabia

Trump’s speech in Saudi Arabia, in 3 minutes

Published on May 22, 2017

President Trump spoke to leaders of countries in the Gulf Cooperation Council on May 21 in Riyadh, Saudi Arabia. Here’s what he said, in three minutes.

Full Speech: President Trump’s Speech at Arab Islamic American Summit in Saudi Arabia – 5/21/17

Streamed live on May 21, 2017

LIVE Coverage of President Trump’s Islam Speech in Saudi Arabia at the Arab Islamic American Summit – 5/21/17

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What a difference an election can make for the respect American leaders have for our country.

There were two very different outcomes when two American presidents greeted the king of Saudi Arabia.

All eyes were on President Trump today as he arrived in the country for his first foreign trip.

Video shows the president stepping off the plane and greeting King Salman:

Trump stood up straight as Salman appeared to bow slightly.

Trump’s posture stands in stark difference to President Obama’s in the early days of his presidency.

Cameras captured Obama bowing to King Abdullah, contorting nearly to a 90-degree angle in what many called a moment of American weakness:

Trump’s behavior was refreshingly noticeable, as several Twitter users contrasted the two reactions.

View image on Twitter

LOOK CAREFULLY at these two photos. The one on the RIGHT is a lesson in American exceptionalism: @FLOTUS no hijab, @POTUS no kowtow. 🇺🇸❤️-VJ

“Look carefully at these two photos,” recording artist Vinnie James wrote. “The one on the RIGHT is a lesson in American exceptionalism: @FLOTUS no hijab, @POTUS no kowtow.”

http://www.theamericanmirror.com/great-unlike-obama-trump-doesnt-bow-saudi-king/

#LionelNation YouTube Live Stream: Trump Mania Saudi Sword Dancing, Bibi Hobnobbing & Media Syncope

Trump Triumphant in Saudi Arabia, Mainstream Media Meltdown and Geopolitical Reconfiguring

Transcript of Trump’s speech in Saudi Arabia

Trump’s visit to Saudi a ‘turning point’: King Salman

© Saudi Royal Palace/AFP | A handout picture provided by the Saudi Royal Palace on May 22, 2017, shows US President Donald Trump and First Lady Melania Trump waving as they board Air Force One before leaving Riyadh for Israel

Saudi King Salman on Monday described US President Donald Trump’s visit to the Muslim kingdom in the Gulf as a “turning point” in relations between the two countries.Trump on Monday concluded his landmark visit to Saudi Arabia, which he chose for his first foreign trip since taking office in January, during which the allies announced arms deals and investments worth hundreds of billions of dollars.

“This is a turning point in relations between the two countries,” Salman told his council of ministers, according to state news agency SPA.

He said relations between the two countries will advance from a partnership to the “level of strengthening consultations, cooperation and coordination on all fronts”.

The king also praised an “historic agreement” between Gulf monarchies and Washington “to take firm measures to target the financing of terrorism” and the setting up of a Riyadh-based centre for this task, SPA said.

The ministers also hailed the launch of the Global Center for Combating Extremist Ideology in Riyadh on Sunday.

Dubbed “Etital”, Arabic for moderation, the centre “embodies the kingdom’s great efforts and its ongoing fight against terrorism”, SPA reported.

In his first foreign speech, Trump on Sunday urged Muslim leaders to take a stand against violence committed in the name of religion, describing the struggle against extremism as a “battle between good and evil”.

http://www.france24.com/en/20170522-trumps-visit-saudi-turning-point-king-salman

‘A lot of money! Big dollars!’ and ‘Jobs, jobs, jobs!’ Trump team delivers $350 BILLION in new long-term business for U.S. companies as Saudis snap up defense equipment

  • Deals inked Saturday during signing ceremony will drive $110 billion in immediate new business for defense companies in the U.S. 
  • Longer-term value will be $350 billion over 10 years 
  • White House chief economic adviser said the Saudis are ‘going to hire US companies’ for ‘a bunch of infrastructure related things’
  • He boasted that the deal is worth ‘a lot of money. Big dollars. Big dollars’
  • Military hardware going to Saudi Arabia:  ‘aerostats, tanks, artillery, counter-mortar radars, armored personnel carriers [and] helicopters’
  • State Department also says the Saudis will acquire and missile-defense systems ‘such as Patriot and THAAD’ 

American military defense companies have agreed to immediately sell nearly $110 billion in equipment and services to the Saudi Arabian government as part of a long-term agreement inked Saturday by the Trump administration and the Arab kingdom.

The deal, formalized in a signing ceremony in the capital city of Riyadh, also calls for an expanded deal worth a total of $350 billion over ten years.

‘That was a tremendous day,’ President Donald Trump said at the top of a bilateral meeting with Saudi Crown Prince Mohammed bin Nayef.

‘Tremendous investments in the United States. Hundreds of billions of dollars of investments into the United States and jobs, jobs, jobs.’

The State Department released a fact sheet that described the military hardware Saudi Arabia will buy as ‘aerostats, tanks, artillery, counter-mortar radars, armored personnel carriers [and] helicopters.’

President Donald Trump (L) was welcomed Saturday by Saudi Arabia’s King Salman bin Abdulaziz Al Saud (R), the first stop of Trump’s first foreign trip since taking office in January

Trump and King Salman had a welcome ceremony inside the Royal Terminal of King Khalid International Airport after Air Force One landed

Trump and King Salman had a welcome ceremony inside the Royal Terminal of King Khalid International Airport after Air Force One landed

White House chief economic adviser Gary Cohn (right) told reporters that a series of defense contracts inked Saturday would mean 'a lot of money, big dollars' for American companies

White House chief economic adviser Gary Cohn (right) told reporters that a series of defense contracts inked Saturday would mean ‘a lot of money, big dollars’ for American companies

President Donald Trump and the Saudi King gesture during a signing ceremony at the Saudi Royal Court in Riyadh on May 20

President Donald Trump and the Saudi King gesture during a signing ceremony at the Saudi Royal Court in Riyadh on May 20

Separately, U.S. companies in the oil center stand to gain $22 billion in new deals with the state-owned oil company Saudi Aramco. And pacts with other companies could balloon that number as high as $50 billion.

House chief economic adviser Gary Cohn told reporters that the kingdom is ‘going to hire US companies’ for ‘a bunch of infrastructure related things,’ boasting that the deal is worth ‘a lot of money. Big dollars. Big dollars.’

Saudi Arabia will ‘invest a lot of money in the U.S. and have a lot of U.S. companies invest and build things over here,’ Cohn said.

White House press secretary Sean Spicer claimed on Twitter that the $110 billion in immediate defense contracts represents the ‘largest single arms deal in US history.’

Commerce Secretary Gary Cohn told reporters that U.S. companies would gain ’23 new licenses, and then all of these contracts.’

‘I can’t imagine another business day that’s been as good for the United States and the kingdom,’ he said.

Donald Trump is in Saudi Arabia on the first of five stops during his inaugural foreign trip as president, getting chummy with King Salman bin Abdulaziz al-Saud and preparing to deliver a speech on Sunday that promises to frame his administration’s relationship with the Muslim world.

Ivanka Trump and Jared Kushner arrive to attend the presentation of the Order of Abdulaziz al-Saud medal at the Saudi Royal Court

Ivanka Trump and Jared Kushner arrive to attend the presentation of the Order of Abdulaziz al-Saud medal at the Saudi Royal Court

US President Donald Trump receives the Order of Abdulaziz al-Saud medal at the Saudi Royal Court in Riyadh on May 20

US President Donald Trump receives the Order of Abdulaziz al-Saud medal at the Saudi Royal Court in Riyadh on May 20

US President Donald Trump receives the Order of Abdulaziz al-Saud medal at the Saudi Royal Court in Riyadh on May 20

Ivanka Trump participates in a presentation ceremony of the kingdom's top civilian honor, the gold King Abdulaziz medal, to President Donald Trump

Ivanka Trump participates in a presentation ceremony of the kingdom’s top civilian honor, the gold King Abdulaziz medal, to President Donald Trump

Donald Trump and First Lady Melania Trump make their way to a luncheon after Trump received the gold King Abdulaziz medal

Donald Trump and First Lady Melania Trump make their way to a luncheon after Trump received the gold King Abdulaziz medal

The new defense deals are part of Trump’s strategy to hold both the ISIS terror army and Iran’s nuclear ambitions in check through the intervention of Middle Eastern partners instead of expensive American military deployments.

A White House official said Saturday that the purchases are meant to accomplish just that, for the sake of Saudi and regional security.

The official also said a strengthened Saudi military will be better equipped to contribute to counterterrorism operations across the region.

Trump and Salman signed a joint vision statement, nine separate defense cooperation pacts – including eight that are finalized – and a separate set of ‘private sector agreements,’ according to White House spokeswoman Sarah Sanders.

White House press secretary Sean Spicer claimed Saturday on Twitter that the agreements signed by the US. and Saudi Arabia constitute the 'largest single arms deal in US history'

White House press secretary Sean Spicer claimed Saturday on Twitter that the agreements signed by the US. and Saudi Arabia constitute the ‘largest single arms deal in US history’

Saudi Aramco will be relying on U.S. companies to build new oil rigs like this one in the Persian Gulf

Saudi Aramco will be relying on U.S. companies to build new oil rigs like this one in the Persian Gulf

The White House said the military equipment and services contracts will support ‘tens of thousands of new jobs in the U.S. defense industrial base.’

Separately, a CEO forum being held on the margins of the Trump-Salman meeting resulted in $22 billion in new deals in the oil and gas sector, according to the event’s organizers.

Saudi Aramco announced agreements with U.S. companies including Weatherford, Jacobs, Honeywell, McDermott, and Nabors.

The agreements will result in an unspecified number of new offshore Persian Gulf drilling rigs, at a time when the kingdom is pumping less oil to stabilize global prices.

Aramco appears to be planning for a future that will require greater crude production by gearing up to produce materials and equipment that had previously been imported.

Saudi Arabia's King Salman bin Abdulaziz Al Saud (right) welcomes DonaldTrump and first lady Melania Trump at the airport

Saudi Arabia’s King Salman bin Abdulaziz Al Saud (right) welcomes DonaldTrump and first lady Melania Trump at the airport

Jared Kushner and Ivanka Trump were both seen arriving in the Middle East on Trump's first foreign tour since taking office

Jared Kushner and Ivanka Trump were both seen arriving in the Middle East on Trump’s first foreign tour since taking office

Donald Trump and wife Melania, dressed in a black jumpsuit with statement belt, sip a drink as they are welcomed by the Saudi king 

Donald Trump and wife Melania, dressed in a black jumpsuit with statement belt, sip a drink as they are welcomed by the Saudi king

http://www.dailymail.co.uk/news/article-4525224/Trump-delivers-350B-new-biz-U-S-defense-companies.html#ixzz4hqYp7HAD

 

Story 2: President Trump Arrives In Israel — Videos

Image result for trump leaves saudi arabia for israel may 22, 2017 trump wife and kingImage result for trump leaves saudi arabia for israel may 22, 2017 trump wife and king

Trump to Israel: We are with you

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President Trump Arrives In Tel Aviv, Urges Peace In Middle East | TODAY

President Trump Arrives in Jerusalem as part of his Foreign Trip

President Trump Prays at the Western Wall in Jerusalem 5/22/17

Trump in Israel: US President visits Church of the Holy Sepulchre

Trump visits Jerusalem’s Church of the Holy Sepulchre

Isreal raises concerns about U.S. Saudi arms deal

FULL DAY COVERAGE: ALL President Donald Trump Speeches & Appearances in Israel 5/22/2017

Breaking — Story 3: Explosions in England’s Manchester Arena At Completion of Ariana Grande Concert With Several Killed and Injured — Videos

Image result for explosion manchester arena

Breaking News: Terror and Panic at Manchester Arena – Explosion After Ariana Grande Concert

BREAKING UK EXPLOSION!!! Deaths confirmed after Manchester Arena blast reports

 

 

BREAKING NEWS: Several people killed and many injured after two explosions in Manchester Arena at the end of Ariana Grande gig as bloodied concertgoers flee in terror

  • Several people killed after explosions rang out at the end of an Ariana Grande gig in Manchester Arena
  • Video footage showed people fleeing in tears from the venue after bangs ran out when the concert finished

Several people have been killed after two explosions inside Manchester Arena at the end of an Ariana Grande gig tonight.

Video footage showed people fleeing in tears from the venue after bangs rang out immediately after the concert finished.

Bloodied concertgoers were pictured being helped by emergency services outside the gig and armed police were seen patrolling the arena.

Evie Brewster, who attended the concert, told MailOnline: ‘Ariana Grange had just finished her last song and left the stage when a huge explosion sounded.

‘Suddenly everybody started screaming and running for the exit.

Bloodied concertgoers were pictured being helped by armed police outside the arena after explosions rang out at the gig

Bloodied concertgoers were pictured being helped by armed police outside the arena after explosions rang out at the gig

Concert-goers helped injured people make their way from the gig in Manchester tonight

Concert-goers helped injured people make their way from the gig in Manchester tonight

Video footage showed people fleeing in tears from the venue after reports of explosions at the end of an Ariana Grande concert (pictured tonight)

Video footage showed people fleeing in tears from the venue after reports of explosions at the end of an Ariana Grande concert (pictured tonight)

People attending the concert by Ariana Grande fled in panic on hearing the noises - some in tears

‘We could hear the police and ambulance sirens. It was terrifying.

‘There were thousands of people trying to get out at once. They were all screaming and crying. The whole place smelt smokey and burnt.

‘The explosion sounded like it was inside the building somewhere.’

Manchester Victoria train station, next door to the arena, is currently closed and trains are currently unable to run to or from the station.

Greater Manchester Police said emergency services had responded to a ‘serious incident’ at the arena.

 

Jonathan Yates, 24, from the Wirral, who attended the gig, told MailOnline: ‘The concert had finished and the lights came on almost instantly. There was a bang, a weird bang. There were lots of balloons but I thought to myself that can’t be a balloon, that’s not normal.

‘We were sat on the floor level and it came from the higher seats, people were running and screaming. Everyone stopped and I turned to my friend and said ‘we need to run’. Everyone was running and screaming and then when we got out it felt a bit more OK.

‘I heard five or six bangs that sounded like gunshots. When we got outside people were outside, crying and on their phones.

‘You don’t think it’s something that’s going to happen when you go…it was such a nice, fun concert.’

Nick Schurok, 28, from Manchester, told MailOnline: ‘Ariana Grande had just finished the concert and the lights came on. Everyone started leaving. I was on the floor and at the back of the arena people started exiting through the tunnels.

‘There was a bang in the left tunnel and everyone went to the middle tunnel. Then about two minutes later, there was another bang. The bang was so loud and crowds of people were running. There were lots of children and families there.’

Another witness Jenny Brewster told MailOnline: ‘We were exiting the building when it happened. We’d headed towards the main doors as Ariana was performing the last song because we wanted to beat the crowds, but – as we made our way there – a wall of security men blocked it and told us to go the other way.

‘Seconds later they shouted ‘RUN!’ and the explosion happened right behind them. Hundreds of people were running and screaming. Those men saved our lives.’

Catherine Macfarlane told Reuters: ‘We were making our way out and when we were right by the door there was a massive explosion and everybody was screaming.

‘It was a huge explosion – you could feel it in your chest. It was chaotic. Everybody was running and screaming and just trying to get out of the area.’

One witness wrote on Twitter: ‘Just ran from an explosion, genuinely thought we were gonna die.’

Another said: ‘Explosion at Manchester Arena, we were evacuated, a LOT of police here.’

Former Manchester United footballer Rio Ferdinand said: ‘Just heard the news what’s happening in Manchester.. hope everyone safe and sound!’

A spokesman for Greater Manchester Police said: ‘Emergency services responding to serious incident at Manchester Arena. Avoid the area. More details will follow as soon as available.’

A British Transport Police spokesman said: ‘We are aware of an incident at Manchester Arena. We have officers at the scene and will provide further updates as soon as possible.’

http://www.dailymail.co.uk/news/article-4531940/Emergency-services-rush-Manchester-Arena.html#ixzz4hqs2mmOV

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Image result for roger ailes dead at 77Image result for roger ailes and familyImage result for cartoons branco trump witch huntImage result for trump russian investigation a witch hunt

Story 1: A Broadcasting Legend, Roger Ailes, Dies at Age 77, Rest in Peace — Videos

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Roger Ailes, Who Built Fox News Into an Empire, Dies at 77

Former Fox News chairman and CEO Roger Ailes dead at 77

Remembering Roger Ailes

World reacts to the death of Roger Ailes

Former Fox News CEO Roger Ailes dead at 77

Roger Ailes leaves behind complicated legacy

Lionel Nation YouTube Live Stream: Roger Ailes Eulogium, Mueller the DNC Nightmare & Comey the Clown

Fox News anchors learned of the death of former chairman and CEO Roger Ailes from Drudge

  • Fox News anchors learned of death of former chairman and CEO from Drudge
  • Fox published a breaking news segment on Twitter following Roger Ailes’ death
  • Steve Doocy said: ‘They have published, Drudge has, a statement from his wife’
  • Ainsley Earhardt added: ‘Beth you are in our thoughts and our prayers, and so is Zachary, their beautiful son. Roger, rest in peace.’
  • Ailes died aged 77, according to his wife, who released statement to Matt Drudge
Roger Ailes has died at the age of 77, his wife Elizabeth revealed in a statement on Thursday

Roger Ailes has died at the age of 77, his wife Elizabeth revealed in a statement on Thursday

Fox News anchors only learned of the death of its former chairman and CEO from Drudge Report.

Roger Ailes died aged 77, according to his wife Elizabeth, who released a statement to Matt Drudge.

In a breaking news segment tweeted by the network on Thursday morning, Fox & Friends’ Steve Doocy reported: ‘Roger Ailes, one of the founders of the Fox News channel has died.

‘They have published, Drudge has, a statement from his wife Elizabeth.’

The statement was then read out before Ainsley Earhardt added: ‘Beth you are in our thoughts and our prayers, and so is Zachary, their beautiful son. Roger, rest in peace.’

His death comes less than a year after he resigned from the company over allegations of sexual harassment.

His wife Elizabeth, with whom he has one son, said: ‘I am profoundly sad and heartbroken to report that my husband, Roger Ailes, passed away this morning. Roger was a loving husband to me, to his son Zachary, and a loyal friend to many.

‘He was also a patriot, profoundly grateful to live in a country that gave him so much opportunity to work hard, to rise — and to give back.

‘During a career that stretched over more than five decades, his work in entertainment, in politics, and in news affected the lives of many millions.

‘And so even as we mourn his death, we celebrate his life,’ the statement reads.

Steve Doocy (left) reported: ‘Roger Ailes, one of the founders of the Fox News channel has died'

Steve Doocy (left) reported: ‘Roger Ailes, one of the founders of the Fox News channel has died’

There was no further information on the cause of Ailes’ death. He celebrated his 77th birthday on Monday.

Ailes had struggled with his health. He had hemophilia, multiple surgeries to replace his joints and a secret prostate surgery a few years ago that put him on an extended leave from the network, according to New York magazine reporter Gabriel Sherman.

Last year, Sherman reported that Ailes was still having trouble walking and rarely left his executive suite.

A friend who ran into Ailes in Palm Beach over the 2015-2016 holidays told the magazine that he was using a walker at the time.

In an excerpt from the 2013 biography Roger Ailes Off Camera, Ailes said he knew he didn’t have long left to live.

‘My doctor told me that I’m old, fat, and ugly, but none of those things is going to kill me immediately,’ he told the author, Zev Chafets, shortly before his 72nd birthday. ‘The actuaries say I have six to eight years. The best tables give me 10. Three thousand days, more or less.’

He added: ‘I’d give anything for another 10 years.’

http://www.dailymail.co.uk/news/article-4518872/Fox-News-learned-Roger-Ailes-death-Drudge.html#ixzz4hSwIC0Lw

Michael Wolff on Roger Ailes’ Final Days and a Complicated Murdoch Relationship

Matt Furman
Roger Ailes in his Fox News office in 2014.

The Fox News exec understood the intensity of the unhappiness and anger in another America that liberal media people are only now waking up to with Donald Trump.

I made a mental note last night to call Roger in the morning and get his take on the Trump events of the last few days. There are few conversations more entertaining and insightful than Roger Ailes on Republican politics, where he’s known all the players, their strengths and particularly their weaknesses. While the bet noir to liberals, his most scathing and often hilarious critiques have often been reserved for conservatives. His 50 years among the kahunas of GOP politics — as one of the creators of modern Republican politics — made him, among his other political claims to fame, among his party’s sharpest observers. On his friend Donald Trump, no one has been keener. But at 8:30 this morning, his wife Beth texted me that he had died a few minutes ago at age 77.

It was a particular cruelty of the anti-Ailes press that it often focused on Beth, with rumors of a breakdown in their marriage and impending divorce. In fact, she was fierce in her devotion to him, and his most implacable defender. In the 10 months since he had been forced out as chairman of Fox News Channel, the network —arguably, the most significant political force in American life for a generation — that he launched, built and ran for 20 years, she carried him. This past autumn, after their hard summer of accusations and media conviction, she had flown down to Palm Beach and bought for themselves a waterfront mansion, where she hoped he would retire and where living well would at least be some revenge.

Retirement was more Beth’s idea than his. Roger and I spoke a week ago, just after the last ouster at Fox — Bill Shine, his lieutenant who had taken over his job, following by a week the ouster of Bill O’Reilly — and, invariably, the subject was Fox’s quickly eroding fortunes and the possibilities for a new conservative network. Roger, yet proscribed by the non-compete provisions of his separation agreement, nevertheless had a plan in his head, and was taking calls. “I can’t call. But I can’t stop people from calling me,” he said. As we spoke, Beth texted pictures of their view and of a newly svelte Roger lying lazily in the sun.

All things considered, it was a happy winter. Or, anyway, he was certainly weighing the benefits of being out of the office and out of the fray. Still, clearly, both he and Beth could only get so far from the bitterness they felt about his end at Fox. Worse still, the terms of his departure from Fox put draconian limits on what he could say and how he might defend himself. The payout that he believed he had earned — having created a $30 billion asset and 21st Century Fox’s most profitable business — was the price of his silence. The most voluble and pugnacious man in American media was forced to keep still.

But privately, angrily, he couldn’t wait to settle scores.

In his view, the political showdown that was always bound to happen — which, to me, he had predicted several years before — had finally happened, albeit uglier, and with more finality, than he had ever expected. “They got the memo,” he said, with some forbearance. “If you strike the king, you better kill him.”

James Murdoch

Michael Wolff: It’s James Murdoch’s Fox News Now

By “they,” he meant Rupert Murdoch’s sons. And most particularly James Murdoch, who, two years ago, was elevated to CEO of his father’s company, who Ailes regarded as an impetuous, grandiose, self-satisfied rich kid. Wryly, he admitted bringing this feud on himself. “I made the money those kids spent. So, no, I wasn’t going to suck up to them.”

Indeed, not long before his ouster, Ailes had enraged James by going around his back and helping to convince his father to squelch a plan for a new, temple-like 21st Century Fox headquarters that James wanted to build.

The relationship of Ailes to Murdoch senior, often his loyal patron but frequently just a boss stuck having to indulge his highest earner, was also always a fraught one. When I wrote my Murdoch biography in 2009, one of the few stipulations of my access to Murdoch was that I not interview Ailes, who, I gathered, Rupert felt got too much credit for the company’s success.

In July, over a two week period of press leaks after former Fox anchor Gretchen Carlson filed a sexual harassment lawsuit, Ailes was ousted without opportunity to defend himself. Even when James hired the law firm Paul, Weiss, to investigate the charges against Ailes, Ailes himself wasn’t called. In effect, in order to get his payout, he had to accept his disgrace — and it was enough money that he agreed to what he surely considered a devil’s bargain.

It is, of course, impossible to know what might be true or not. And now it can never entirely be known. Surely, his political enemies, the legions of them, were concerned much less for the truth than that he be gone. As surely, less is true than what the various lawsuits allege, because that is the nature of lawsuits. All of us who know what Roger reflexively talks like, irascibly, caustically and with retrograde vividness, give him, at least privately, the benefit of the doubt.

In the end, the larger story is about someone who, from Nixon’s “silent majority” to Reagan’s “Reagan Democrats” to Fox News, understood the intensity of the unhappiness and anger in another America that we liberal media people are only now waking up to with Donald Trump.

More personally, when you’re in the media business, what you look for is someone who is at the top of his craft, who understands the real score, who knows how to gossip and who has stories to tell. If you missed knowing Roger, you missed out.

http://www.hollywoodreporter.com/news/michael-wolff-roger-ailes-final-days-a-complicated-murdoch-relationship-1005194

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Remarks from Robert Mueller III

Ding Dong The Witch Is Dead

Ding Dong! The Witch Is Dead lyrics

Play “Ding Dong! The Witc…”
on Amazon Music
Munchkins
Ding Dong! The Witch is dead. Which old Witch? The Wicked Witch!
Ding Dong! The Wicked Witch is dead.
Wake up – sleepy head, rub your eyes, get out of bed.
Wake up, the Wicked Witch is dead. She’s gone where the goblins go,
Below – below – below. Yo-ho, let’s open up and sing and ring the bells out.
Ding Dong’ the merry-oh, sing it high, sing it low.
Let them know
The Wicked Witch is dead!
Mayor
As Mayor of the Munchkin City, In the County of the Land of Oz, I welcome you most regally.
Barrister
But we’ve got to verify it legally, to see
Mayor
To see?
Barrister
If she
Mayor
If she?
Barrister
Is morally, ethic’lly
Father No.1
Spiritually, physically
Father No. 2
Positively, absolutely
Munchkins
Undeniably and reliably Dead
Coroner
As Coroner I must aver, I thoroughly examined her.
And she’s not only merely dead, she’s really most sincerely dead.
Mayor
Then this is a day of Independence For all the Munchkins and their descendants
Barrister
If any.
Mayor
Yes, let the joyous news be spread The wicked Old Witch at last is dead!

A Special Enemy

Former FBI Director Robert Mueller was born and bred to torment Donald Trump.

Donald Trump went to sleep Wednesday night with a new enemy outside his window: former FBI Director Robert S. Mueller III.

LEON NEYFAKH

Leon Neyfakh is a Slate staff writer.

Mueller, a 72-year-old former prosecutor who left the FBI in 2013, has been called upon by the Justice Department to serve as a special counsel to investigate Trump and his associates. In accordance with an order issued Wednesday by the deputy attorney general, it will be up to Mueller—whose last name is pronounced Muh-lur—to decide whether anyone involved in the Trump campaign should be charged with a crime. “I accept this responsibility and will discharge it to the best of my ability,” Mueller said in a statement Wednesday.

Even if Mueller’s investigation doesn’t result in any charges being brought, it’s almost certain Mueller and his team will end up asking Trump questions he doesn’t want to answer and demanding to see documents he doesn’t want to provide. Barring a drastic change in Trump’s disposition, the president will respond to these affronts by publishing angry tweets about Mueller and snarling about him in interviews. Maybe he’ll even compare him to a “dog,” as he did recently when talking about former Acting Attorney General Sally Yates. Or perhaps he could threaten Mueller, as he did last week in a tweet directed at former FBI Director James Comey.

While Trump loathes a lot of people, his hatred of Mueller is likely to be particularly intense. That’s because Mueller is exactly the kind of guy Trump always hates. He’s also exactly the kind of law enforcement official Trump doesn’t understand.

Raised in a wealthy suburb of Philadelphia, Mueller has Roman numerals in his name and attended a New Hampshire boarding school alongside John Kerry. Later, he followed in his father’s footsteps to Princeton, where he played lacrosse, and received a master’s from New York University and a J.D. from the University of Virginia School of Law. According to NPR, former CIA Director George Tenet described Mueller in 2013 as a “high Protestant with a locked jaw [and a] blue blazer, khaki pants, penny loafers, maybe a little Vitalis and Old Spice to boot.”

Mueller was an oddity at the FBI, said Tim Weiner, author of Enemies: A History of the FBI. “There are not a lot of people named Robert Swan Mueller III in the directory of the FBI,” he told me. “Bobby is very patrician. He’s very well-bred.”

It helped that Mueller was also a Marine who fought in Vietnam, having served as the leader of a rifle platoon and been awarded the Bronze Star and the Purple Heart. Journalists who’ve profiled him invariably note that Mueller’s time in the Marines shaped him profoundly and informed his demanding leadership style. When David Margolis showed up to his first day of work as Mueller’s deputy at the FBI, on the Monday after George W. Bush’s inauguration in 2001, he discovered an unsigned note on his desk that was unmistakably from Mueller: “It’s 0700. Where are you?”

Sworn in exactly one week before 9/11, Mueller found himself in charge of fixing a broken FBI that had failed to make sense of crucial clues before the attacks. Writing in Time in 2011, Barton Gellman described the state of the bureau before Mueller’s arrival: “The labor force—heavily white and male, with a blue collar culture that prized physical courage over book smarts lacked the language and technical skills to adapt.” Gellman explained that in the aftermath of 9/11, questions arose as to whether the FBI “was irreparably broken, ill equipped to collect intelligence and disinclined to share it anyway.”

Over the course of 12 years, Mueller worked to transform the agency into an organization that could both hold people responsible for past crimes and suss out malfeasance that hadn’t yet been committed—terrorist plots in particular. Mueller, Gellman wrote, “remade the bureau in his image,” as “[o]utsiders displaced agents with badges and guns as assistant directors in charge of finance, human resources, information technology and the directorate of weapons of mass destruction.” In his office, according to a Washingtonian piece by Garrett Graff, Mueller kept shelves lined with “counterterrorism books, manuals on IT and computers, and business books on such topics as ‘change management’ by corporate thinkers like Jack Welch.” Only a “tiny section,” Graff wrote, was “devoted to crime.”

Mueller, who is not an imposing street soldier who wears a cool uniform, doesn’t fit Trump’s image of a law enforcement official. As evidenced by the fact that villainous Milwaukee Sheriff David Clarke appears to have landed a job in the Department of Homeland Security, Trump prefers guys who are cartoonishly “tough on crime.” He also tends to focus his political attention on rank-and-file members of police unions, presenting himself as a friend to regular cops while ignoring the senior “brass” who tell them what to do.  Trump has refused to even acknowledge the memo he was sent in February in which a raft of high-profile police chiefs—including Bill Bratton from the NYPD and David Brown, who was head of the Dallas Police Department at the time of the deadly sniper attack that killed five officers—urged him to reconsider his preferred crime-reduction strategy of putting as many people as possible in prison for as long as the law allows.

It’s possible, though unlikely, that under different circumstances Trump would be impressed by a fancy, smart guy like Mueller and would try to impress him back. But there’s one more thing about Mueller that’s going to make it impossible for Trump to show him any respect: The former FBI director is practically blood brothers with James Comey.

The bond between the two men was forged in early 2004—years before Comey succeeded Mueller as FBI director. Comey, who was then serving as the deputy attorney general under John Ashcroft, was locked in a high-stakes dispute with George W. Bush, who wanted to overrule the Justice Department’s conclusion that an NSA domestic surveillance program was illegal. As Graff tells it in his Washingtonian piece, Ashcroft was in a hospital room recovering from surgery when he was ambushed by a pair of White House aides. Here’s Graff:

Comey was driving home on Constitution Avenue with his security escort of U.S. marshals the night of Tuesday, March 10, 2004, when he got a call. … White House chief of staff Andy Card and White House counsel [Alberto] Gonzales were on their way to see Ashcroft in the hospital.

Comey told his driver to turn on the emergency lights and head to the hospital. Then he began calling other Justice officials to rally them at George Washington University Hospital.

Mueller was at dinner with his wife and daughter when he got the call from Comey at 7:20 pm. “I’ll be right there,” he said.

In 2007, Comey testified before the Senate Judiciary Committee that he believed Card and Gonzales intended to use Ashcroft’s semiconscious state to get the attorney general to sign off on the surveillance program he had previously opposed. By intercepting them in Ashcroft’s hospital room, Comey and Mueller may have prevented the Bush administration officials from getting the attorney general’s signature. (Comey said in his testimony that Ashcroft made the ultimate decision to rebuff Card and Gonzales.) They also helped put the White House and the Justice Department on course for an epic confrontation. Not long after the incident at the hospital, Mueller told Bush he would resign if the surveillance program continued. Bush, realizing he faced a situation on par with Nixon’s “Saturday Night Massacre,” backed down. Afterward, Graff wrote, Mueller and Comey “shared a dark laugh” before going back to work.

“I think that experience, of having to stand together and say, ‘No, Mr. President, you can’t do this,’ really mind-melded them,” said Weiner. “It was a moment of brotherhood.”

At this point, no friend of Jim Comey is ever going to be a friend of Donald Trump, especially when he’s leading the same investigation that Comey led before his ouster. Odds are good, in fact, that Trump will use Mueller’s closeness with Comey to accuse him of bias and question the legitimacy of his inquiry.

If and when Trump does go after Mueller—he dipped his toe in the water Thursday morning by tweeting about how it was unfair that a special counsel had been appointed to conduct the “witch hunt” against him—their showdown will be marked by a pleasing irony. In one corner will be the patrician and brainy Mueller, who has little in common with the “real cops” the president so admires. In the other will be Trump, who will soon find out what being ”tough on crime” really means. …

THE SCOPE OF THE SPECIAL COUNSEL APPOINTMENT IS TOTALLY INADEQUATE

Rod Rosenstein just appointed former FBI Director (and, before that, US Attorney) Robert Mueller as Special Counsel to take over the investigation into Trump and his associates.

I’m agnostic about the selection of Mueller. He has the benefit of credibility among FBI Agents, so will be able to make up for some of what was lost with Jim Comey’s firing. He will be regarded by those who care about such things as non-partisan. With Jim Comey, Mueller stood up to Dick Cheney on Stellar Wind in 2004 (though I think in reality his willingness to withstand Cheney’s demands has been overstated).

But Mueller has helped cover up certain things in the past, most notably with the Amerithrax investigation.

My bigger concern is with the scope, which I believe to be totally inadequate.

Here’s how the order describes the scope:

(b) The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James 8. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:

(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and

(ii) any matters that arose or may arise directly from the investigation; and

(iii) any other matters within the scope of 28 C.F.R. § 600.4(a).

As I read this, it covers just the investigation into ties between the Russian government and people associated with Trump’s campaign. Presumably, that includes Mike Flynn, Paul Manafort, and Carter Page, among others.

But there are other aspects of the great swamp that is the Trump and Russia orbit that might not be included here. For example, would Manafort’s corrupt deals with Ukrainian oligarchs be included? Would Flynn’s discussions with Turkish officials, or Rudy Giuliani’s attempt to excuse Turkey’s violation of Iran sanctions? Would the garden variety money laundering on behalf of non-governmental Russian mobbed up businessmen be included, something that might affect Manafort, Jared Kushner, or Trump himself?

And remember there are at least two other aspects of the Russian hacking investigation. Back in February, Reuters reported that San Francisco’s office was investigating Guccifer 2.0 and Pittsburgh was investigating the actual hackers.  Somewhere (San Francisco would be the most logical spot), they’re presumably investigating whoever it is that has been dumping NSA’s hacking tools everywhere. I’ve learned that that geography has either changed, or there are other aspects tied to those issues in other corners of the country.

Plus, there’s the Wikileaks investigation in EDVA, the same district where the Mueller-led investigation might reside, but a distinct investigation.

Any one of those investigations might present strings that can be pulled, any one of which might lead to the unraveling of the central question: did Trump’s associates coordinate with the Russian government to become President. Unless Mueller can serve to protect those other corners of the investigation from Trump’s tampering, it would be easy to shut down any of them as they become productive.

Yet, as far as I understand the scope of this, Mueller will only oversee the central question, leaving those disparate ends susceptible to Trump’s tampering.

Update: In its statement on the appointment, ACLU raises concerns about whether this would include the investigation into Trump’s attempt to obstruct this investigation.

Update: WaPo’s Philip Rucker reminds that Mueller is law firm partners with Jamie Gorelick, who has been representing both Ivanka and Kushner in this issue.

Update: Mueller is quitting WilmberHale to take this gig. He’s also taking two WilmerHale former FBI people with him. Still, that’s a close tie to the lawyer of someone representing key subjects of this investigation.

Update: One addition to the ACLU concern about investigating the Comey firing. In the most directly relevant precedent, the Plame investigation, when Pat Fitzgerald expanded his investigation from the leak of Plame’s identity to the obstruction of the investigation, he asked for approval to do so from the Acting Attorney General overseeing the investigation — in that case, Jim Comey.

The Acting Attorney General in this case is Rod Rosenstein. So if Mueller were as diligent as Fitzgerald was, he would have to ask the guy who provided the fig leaf for Comey’s firing to approve the expansion of the investigation to cover his own fig leaf.

Update: Petey noted to me that Jeff Sessions’ narrow recusal may limit how broadly Rosenstein’s order may be drawn. It’s a really interesting observation. Here’s what I said about Sessions’ recusal (which is very similar to what I tried to address in this post).

There are two areas of concern regarding Trump’s ties that would not definitively be included in this recusal: Trump’s long-term ties to mobbed up businessmen with ties to Russia (a matter not known to be under investigation but which could raise concerns about compromise of Trump going forward), and discussions about policy that may involve quid pro quos (such as the unproven allegation, made in the Trump dossier, that Carter Page might take 19% in Rosneft in exchange for ending sanctions against Russia), that didn’t involve a pay-off in terms of the hacking. There are further allegations of Trump involvement in the hacking (a weak one against Paul Manafort and a much stronger one against Michael Cohen, both in the dossier), but that’s in no way the only concern raised about Trump’s ties with Russians.

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The Pronk Pops Show 895, June 17, 2017, Breaking: Story 1: Deputy Attorney General Rod Rosenstein Appoints Former FBI Director Robert Mueller Special Counsel To Investigate Russia’s Influence in U.S. Presidential 2016 Election — Videos — Story 2: The President of United States Is The FBI Director’s Boss — Absolutely No Obstruction of Justice — Former FBI Director Went Along With President Obama and Let Hillary Clinton Off — A Real Case of Obstruction of Justice By Obama and Comey — Prosecute Clinton, Obama, and Comey — Videos — Story 3: President Trump Goes On Offense — “But you have to put your head down and fight, fight, fight. Never, ever, ever give up. Things will work out just fine.” — Videos —

Posted on May 17, 2017. Filed under: American History, Benghazi, Blogroll, Breaking News, Bribery, Central Intelligence Agency, Communications, Computers, Congress, Constitutional Law, Corruption, Countries, Crime, Deep State, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Education, Elections, Empires, Fast and Furious, Federal Bureau of Investigation (FBI), Federal Government, Foreign Policy, Former President Barack Obama, Freedom of Speech, Government, Government Dependency, Government Spending, Hate Speech, High Crimes, Hillary Clinton, Hillary Clinton, Hillary Clinton, History, House of Representatives, Human, Illegal Immigration, Impeachment, Iran Nuclear Weapons Deal, Language, Law, Life, Lying, Medicare, National Security Agency, News, Obama, Philosophy, Photos, Politics, Polls, President Trump, Privacy, Progressives, Radio, Raymond Thomas Pronk, Rule of Law, Scandals, Senate, Social Security, Spying, Success, Taxation, Taxes, Terror, Terror