Surveillance/Spying

The Pronk Pops Show 916, June 21, 2017, Story 1: Four Time Lying Lunatic Left Losers — Another Democratic Candidate, Jon Ossoff, Lost To Trump Backed Republican, Karen Handel, In Georgia — Videos — Story 2: Progressive Propaganda From Big Lie Media Not Working — Videos

Posted on June 22, 2017. Filed under: American History, Blogroll, Books, Breaking News, Business, College, Communications, Computers, Congress, Corruption, Countries, Culture, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Economics, Education, Elections, Empires, Employment, Government, Government Dependency, Government Spending, Hate Speech, Hillary Clinton, Hillary Clinton, Hillary Clinton, Hillary Clinton, History, House of Representatives, Housing, Human, Independence, Language, Law, Life, Lying, Media, National Interest, Networking, News, Obama, People, Philosophy, Photos, Politics, Polls, President Trump, Progressives, Radio, Raymond Thomas Pronk, Rule of Law, Scandals, Second Amendment, Security, Spying on American People, Success, Surveillance/Spying, Unemployment, United States Constitution, United States of America, Videos, Violence, War, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 916,  June 21, 2017

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

 Story 1: Four Time Lying Lunatic Left Losers — Another Democratic Candidate, Jon Ossoff, Lost To Trump Backed Republican, Karen Handel, In Georgia — Videos —

Image result for eric hoffer quotes propagandaImage result for cartoons democrat lost in georgia ossoff

Image result for cartoons democrat lost in georgia ossoff

Image result for cartoons democrat lost in georgia ossoff

Image result for cartoons democrat lost in georgia ossoff

The Trump ‘referendum’ that wasn’t

The true meaning behind special election victories

Special Report : Political fallout from Karen Handel’s special election win : 6/20/2017

President Trump reacts to Georgia special election result

Political fallout from Karen Handel’s special election win

Karen Handel defeats Jon Ossoff in Georgia special election

Liberals Panic Karen Handel won the special election ( Democrats Lose Again )

Rush Limbaugh, Democrats Devastated Over Karen Handel Win over Jon Ossoff

Breathtakingly Incoherent Dems Blow the Georgia House Special Election and Can’t Figure Out Why

What Do You Need To Finally Understand the Poison of Alt-Left Mainstream Media?

Mark Steyn Coins a New Phrase “Deep State Dinner Theater” Excellent!

BREAKING NEWS TRUMP 6/21/17: Do you think America is at a turning point?

Jon Ossoff concedes Georgia race

RAW: Karen Handel addresses supporters after win

 

Story 2: Progressive Propaganda From Big Lie Media Not Working — Videos

10 Signs That Someone Is Lying

Former CIA Officer Will Teach You How to Spot a Lie l Digiday

Documentary on how the media lies to manipulate us

Propaganda-Behind Big Media-WE are BEING LIED to in a BIG WAY by the TV! TURN IT OFF!

Television = Mass Mind Control Propaganda

Propaganda & Engineering Consent for Empire with Mark Crispin Miller

War, US Government Corporate Propaganda, The CIA & The Russian “Putin Threat”

Propaganda Terms in the Media and What They Mean – Noam Chomsky

CRITICAL THINKING – Cognitive Biases: Anchoring [HD]

Scott Adams talks about the Comey fog of confirmation bias

Cognition: How Your Mind Can Amaze and Betray You – Crash Course Psychology #15

Image result for eric hoffer and the true believerImage result for eric hoffer and the true believerImage result for eric hoffer and the true believer

Image result for eric hoffer and the true believer

Eric Hoffer – Tyranny of the Intellectuals

Eric Hoffer pt. 1 of 5

Eric Hoffer pt. 2 of 5

Eric Hoffer pt. 3 of 5

Eric Hoffer pt. 4 of 5

Eric Hoffer pt. 5 of 5

Top Ten Quotes Of Eric Hoffer

Eric Hoffer: The True Believer and The Nature of Mass Movements

Why are Activists often Altruists? Why Low Image of Self?

Eric Hoffer “The Longshoreman Philosopher” predicted Donald Trump & 1940’s Port of Los Angeles

Image result for eric hoffer and the true believer

Propaganda and Manipulation: How mass media engineers and distorts our perceptions

7 Propaganda Techniques Used on You Every Day

Introduction to Propaganda

What is Brainwashing?

PROPAGANDA SOCIAL ENGINEERING AND THE MANUFACTURING OF HUMAN THOUGHT

Image result for confirmation bias and invincible ignorance

Image result for eric hoffer and the true believer

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Shows 916

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Listen To Pronk Pops Podcast or Download Shows 675-684

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Listen To Pronk Pops Podcast or Download Shows 660-667

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Listen To Pronk Pops Podcast or Download Shows 431-438

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Listen To Pronk Pops Podcast or Download Shows 414-421

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Listen To Pronk Pops Podcast or Download Shows 391-399

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Listen To Pronk Pops Podcast or Download Shows 328-337

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Listen To Pronk Pops Podcast or Download Shows 296-306

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

Posted on June 15, 2017. Filed under: American History, Barack H. Obama, Bill Clinton, Blogroll, Congress, Constitutional Law, Corruption, Countries, Culture, Donald J. Trump, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Economics, Former President Barack Obama, Fourth Amendment, Freedom of Speech, Hillary Clinton, Hillary Clinton, Hillary Clinton, History, Human, James Comey, Law, Life, Media, National Interest, Networking, News, Obama, People, President Barack Obama, Presidential Appointments, Progressives, Raymond Thomas Pronk, Robert S. Mueller III, Rule of Law, Scandals, Second Amendment, Security, Senate, Spying, Success, Surveillance/Spying, Taxation, Taxes, Trump Surveillance/Spying, United States Constitution, United States of America, Videos, Violence, War, Wealth | Tags: , , , , , |

 

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Image result for cartoons obama spied on trump campaignImage result for president spied on republicans

Image result for branco cartoons on crimes of hillary clinton

Image result for cartoons special prosecutorImage result for cartoons obama spied on trump campaign

 

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

Jeff Sessions Testifies To Senate Intelligence Committee- Full Hearing

WATCH Jeff Sessions Absolutely Destroys Democrats And Republicans Who Doubt The Trump Administration

Jeff Sessions’s heated testimony, in 3 minutes

Jeff Sessions Opening Statement Senate Intelligence Committee!

Sessions refutes allegations of additional Russian meetings in opening statement

Sen. Warner: ‘Not acceptable’ for Trump administration to come to Congress without answers

Jeff Sessions begins testimony on Comey firing, meeting with Russian ambassador

AG Jeff Sessions – Highlights – Senate Intelligence Committee

FULL. AG Jeff Sessions testifies on Russia at Senate. June 13, 2017. M. Flynn. Dir Comey

Sessions’ testimony frustrates Democrats

Jeff Sessions Testifies To Senate Intelligence Committee- Full Hearing

Feinstein grills Sessions on Comey firing

Leftist Kamala Harris Scolded for Not Allowing Jeff Sessions to Answer Questions

Sessions protects right to ‘executive privilege’

Tom Cotton Decimates Democrats for Providing No Evidence of Russia Collusion

‘Do You Like Spy Fiction James Bond Movies?’ Things Get Weird Between Sen. Cotton and Sessions

Sen Blunt and Sen King Question Jeff Sessions

Sen Collins and Sen Heinrich Question Jeff Sessions

Sen Lankford and Sen Manchin Question Jeff Sessions

Marco Rubio and Ron Weyden Question Jeff Sessions. Some Sparks!

Sen Cornyn Questions Jeff Sessions. Also Quite Good.

WATCH: Attorney General Jeff Sessions On Why FBI Director James Comey Was Fired

JEFF SESSIONS HEARING: President Trump calls Russia threat WITCHHUNT and FAKE NEWS! NEED THE TRUTH!

JEFF SESSIONS HEARING: “Senator Franken asked me A RAMBLING QUESTION!”

Attorney General Jeff Sessions Grilled About Meetings With The Russian Ambassador

‘I Am Not Stonewalling!’ Sessions, Wyden Go Off on Each Other in Explosive Back-and-Forth

HEATED EXCHANGE: Sen. Kamala Harris vs. AG Jeff Sessions – Senate Intelligence Committee Hearing

INTENSE: Sen. Heinrich ACCUSES Jeff Sessions of OBSTRUCTION at Senate Intelligence Committee Hearing

Britt Hume Gives Analysis on AG Sessions Testimony

Judge Napolitano Does Not Think It’s a Good idea For Sessions to Testify Before the Senate

Krauthammer: Going After Sessions is the Democrats’ Third Attempt to Take Down the President

Krauthammer Says Sessions Did a Good Job Fending Off Charges

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

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

06/13/2017 03:07 PM EDT

Updated 06/13/2017 04:40 PM EDT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“I did not,” Sessions said.

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

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

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

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

Sessions flatly rejected those arguments on Tuesday.

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

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

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

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

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

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

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

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

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

 

Executive privilege

From Wikipedia, the free encyclopedia

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

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

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

Early precedents

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

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

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

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

Cold War era

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

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

United States v. Nixon

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

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

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

Post-Watergate era

Clinton administration

The Clinton administration invoked executive privilege on fourteen occasions.

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

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

George W. Bush administration

The Bush administration invoked executive privilege on six occasions.

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

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

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

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

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

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

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

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

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

House Investigation of the SEC

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

Obama Administration

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

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

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

Trump Administration

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

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

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

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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The Pronk Pops Show Podcasts

Pronk Pops Show 906,  June 7, 2017

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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

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Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

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Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

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Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

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Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

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Pronk Pops Show 858: March 22, 2017

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Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

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

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FISA: 702 Collection

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

How the Senate hearing on surveillance turned into a Russia hearing

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

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

Heinrich Questions Top Intelligence Officials In Senate Intel Committee Hearing

Senator Kamala Harris Grills Deputy AG Rosenstein On Whether He Has Given Mueller Full Independence

Trump Russia Collusion Investigation, Part 1 – Senate Intelligence Committee – FISA 6/7/2017

Trump Russia Collusion Investigation, Part 2 – Senate Intelligence Committee – FISA 6/7/2017

Trump Russia Collusion Investigation, Part 3 – Senate Intelligence Committee – FISA 6/7/2017

‘You Went Back on a Pledge!’ Dem. Senator Gets Nasty With DNI Chief Dan Coats

June 7, 2017: Sen. Cotton’s Q&A at Senate Intel Committee FISA Hearing

OPENING STATEMENT: Director of National Intelligence Dan Coats Testifies at Senate Intel Committee

Senate Russia Investigation: National security officials testify to intelligence committee on FISA

Rand Paul on Unmaskings: ‘We Can’t Live in Fear of Our Own Intelligence Community’

Rand Paul on Obama Illegally Spying on Americans | NSA Wiretapping

Section 702 of the FISA Amendments Act

FISA Hearing – Sec 702 Intel Surveillance – IMPORTANT

NSA Spying On Americans ‘Widespread’ – Let Sec. 702 Expire!

Bill Binney explodes the Russia witchhunt

Obama’s NSA conducted illegal searches on Americans for years: Report

NSA Whistleblower Bill Binney on Tucker Carlson 03.24.2017

NSA Whistleblower Bill Binney On 9/11

William Binney – The Government is Profiling You (The NSA is Spying on You)

NSA Whistleblower William Binney: The Future of FREEDOM

State of Surveillance: Police, Privacy and Technology

The Fourth Amendment Explained: US Government Review

Why We’re Losing Liberty

Sen. Rand Paul Defends the Fourth Amendment – February 11, 2014

Rand Paul Shames Homeland Security on Spying on Americans

Top Intel Community Officials Deny That Trump Pressured Them On Russia Probe

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CHUCK ROSS
Reporter

The directors of the Office of National Intelligence and the National Security Agency testified on Wednesday that they have not been pressured by President Trump on the ongoing Russia investigation, undercutting recent reports that they were.

Dan Coats, the director of national intelligence, and Adm. Mike Rogers, the director of NSA, largely declined to discuss details about their interactions with Trump when pressed on the matter during a Senate Intelligence Committee hearing.

According to news reports published last month, Trump asked both Coats and Rogers to rebut stories that Trump was under investigation as part of the Russia probe.

Both Coats and Rogers reportedly felt uncomfortable with the requests from Trump.

But when asked about those interactions on Wednesday, both declined to discuss their specific conversations with Trump while stating that they have never felt pressure from the White House.

“In the three-plus years that I have been the director of the National Security Agency, to the best of my recollection, I have never been directed to do anything that I believe to be illegal, immoral, unethical or inappropriate. And to the best of my collection … I do not recall ever feeling pressured to do so,” Rogers told Virginia Sen. Mark Warner, the vice chairman of the Senate panel.

“Did the president … ask you in any way, shape or form to back off or downplay the Russia investigation?” Warner asked.

Rogers said that he would not discuss specifics of conversations he had with Trump, but added: “I stand by the comment I just made, sir.”

Coats, a former Indiana senator who was appointed by Trump, also denied ever being pressured to downplay the Russia investigation or any other.

On Tuesday, The Washington Post reported that Coats told associates on March 22 that Trump asked him to intervene with former FBI Director James Comey to push back against the Russia investigation.

“In my time of service … I have never been pressured, I have never felt pressure, to intervene or interfere in any way, with shaping intelligence in a political way or in relationship to an ongoing investigation,” Coats testified Wednesday.

http://dailycaller.com/2017/06/07/top-intel-community-officials-deny-that-trump-pressured-them-on-russia-probe/

The Way the NSA Uses Section 702 is Deeply Troubling. Here’s Why.

MAY 7, 2014

This blog post was updated at 5:10 pm PST 5/8/14.

The most recent disclosure of classified NSA documents revealed that the British spy agency GCHQ sought unfettered access to NSA data collected under Section 702 of the FISA Amendments Act. Not only does this reveal that the two agencies have a far closer relationship than GCHQ would like to publicly admit, it also serves as a reminder that surveillance under Section 702 is a real problem that has barely been discussed, much less addressed, by Congress or the President.

In fact, the “manager’s amendment” to the USA FREEDOM Act, which passed unanimously out of the House Judiciary Committee, has weakened the minimal changes to Section 702 that USA FREEDOM originally offered. Although Representative Zoe Lofgren—who clearly understands the import of Section 702—offered several very good amendments that would have addressed these gaps, her amendments were all voted down. There’s still a chance though—as this bill moves through Congress it can be strengthened by amendments from the floor.

Section 702 has been used by the NSA to justify mass collection of phone calls and emails by collecting huge quantities of data directly from the physical infrastructure of communications providers. Here’s what you should know about the provision and why it needs to be addressed by Congress and the President:

  • Most of the discussion around the NSA has focused on the phone records surveillance program. Unlike that program, collection done under Section 702 capturescontent of communications. This could include content in emails, instant messages, Facebook messages, web browsing history, and more.
  • Even though it’s ostensibly used for foreign targets, Section 702 surveillance sweeps up the communications of Americans. The NSA has a twisted, and incredibly permissive, interpretation of targeting that includes communications about a target, even if the communicating parties are completely innocent. As John Oliver put it in his interview with former NSA General Keith Alexander: “No, the target is not the American people, but it seems that too often you miss the target and hit the person next to them going, ‘Whoa, him!'”
  • The NSA has confirmed that it is searching Section 702 data to access American’s communications without a warrant, in what is being called the “back door search loophole.”  In response to questions from Senator Ron Wyden, former NSA director General Keith Alexander admitted that the NSA specifically searches Section 702 data using “U.S. person identifiers,” for example email addresses associated with someone in the U.S.
  • The NSA has used Section 702 to justify programs in which the NSA can siphon off large portions of Internet traffic directly from the Internet backbone. These programs exploit the structure of the Internet, in which a significant amount of traffic from around the world flows through servers in the United States. In fact, through Section 702, the NSA has access to information stored by major Internet companies like Facebook and Google.
  • Section 702 is likely used for computer security operations. Director of National Intelligence James Clapper noted Section 702’s use to obtain communications “regarding potential cyber threats” and to prevent “hostile cyber activities.” Richard Ledgett, Deputy Director of NSA, noted the use of intelligence authorities to mitigate cyber attacks.
  • The FISA Court has little opportunity to review Section 702 collection. The court approves procedures for 702 collection for up to a year. This is not approval of specific targets, however; “court review [is] limited to ‘procedures’ for targeting and minimization rather than the actual seizure and searches.” This lack of judicial oversight is far beyond the parameters of criminal justice.
  • Not only does the FISA Court provide little oversight, Congress is largely in the dark about Section 702 collection as well. NSA spying defenders say that Congress has been briefed on these programs. But other members of Congress have repeatedly noted that it is incredibly difficult to get answers from the intelligence community, and that attending classified hearings means being unable to share any information obtained at such hearings. What’s more, as Senator Barbara Mikulski stated: “‘Fully briefed’ doesn’t mean that we know what’s going on.”  Without a full picture of Section 702 surveillance, Congress simply cannot provide oversight.
  • Section 702 is not just about keeping us safe from terrorism. It’s a distressingly powerful surveillance tool. While the justification we’ve heard repeatedly is that NSA surveillance is keeping us safer, data collected under Section 702 can be shared in a variety of circumstances, such as ordinary criminal investigations. For example, the NSA has shared intelligence with the Drug Enforcement Agency that has led to prosecutions for drug crimes, all while concealing the source of the data.
  • The President has largely ignored Section 702. While the phone records surveillance program has received significant attention from President Obama, in his speeches and his most recent proposal, Section 702 remains nearly untouched.
  • The way the NSA uses Section 702 is illegal and unconstitutional—and it violates international human rights law. Unlike searches done under a search warrant authorized by a judge, Section 702 has been used by the NSA to get broad FISA court authorization for general search and seizure of huge swathes of communications. The NSA says this is OK because Section 702 targets foreign citizens. The problem is, once constitutionally protected communications of Americans are swept up, the NSA says these communications are “fair game” for its use.
  • Innocent non-Americans don’t even get the limited and much abused protections the NSA promises for Americans. Under international human rights law to which the United States is a signatory, the United States must respect the rights of all persons. With so many people outside the United States keeping their data with American companies, and so much information being swept up through mass surveillance, that makes Section 702 the loophole for the NSA to violate the privacy rights of billions of Internet users worldwide.

The omission of Section 702 reform from the discourse around NSA surveillance is incredibly concerning, because this provision has been used to justify some of the most invasive NSA surveillance. That’s why EFF continues to push for real reform of NSA surveillance that includes an end to Section 702 collection. You can help by educating yourself and engaging your elected representatives. Print out our handy one-page explanation of Section 702. Contact your members of Congress today and tell them you want to see an end to all dragnet surveillance, not just bulk collection of phone records.

https://www.eff.org/deeplinks/2014/05/way-nsa-uses-section-702-deeply-troubling-heres-why

 

By ZACK WHITTAKER CBS NEWS June 30, 2014, 4:02 PM
Legal loopholes could allow wider NSA surveillance, researchers say
CBS NEWS

NEW YORK — Secret loopholes exist that could allow the National Security Agency to bypass Fourth Amendment protections to conduct massive domestic surveillance on U.S. citizens, according to leading academics.

The research paper released Monday by researchers at Harvard and Boston University details how the U.S. government could “conduct largely unrestrained surveillance on Americans by collecting their network traffic abroad,” despite constitutional protections against warrantless searches.

One of the paper’s authors, Axel Arnbak of Harvard University’s Berkman Center for Internet & Society, told CBS News that U.S. surveillance laws presume Internet traffic is non-American when it is collected from overseas.

“The loopholes in current surveillance laws and today’s Internet technology may leave American communications as vulnerable to surveillance, and as unprotected as the internet traffic of foreigners,” Arnbak said.

Although Americans are afforded constitutional protections against unwarranted searches of their emails, documents, social networking data, and other cloud-stored data while it’s stored or in-transit on U.S. soil, the researchers note these same protections do not exist when American data leaves the country.

Furthermore, they suggest that Internet traffic can be “deliberately manipulated” to push American data outside of the country. Although the researchers say they “do not intend to speculate” about whether any U.S. intelligence agencies are actually doing this, they say it could provide a loophole for vacuuming up vast amounts of U.S. citizen data for intelligence purposes, thus “circumventing constitutional and statutory safeguards seeking to protect the privacy of Americans,” they warned.

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Snowden: NSA programs “uncontrolled and dangerous”
The academic paper lands just over a year since the Edward Snowden revelations first came to light, outlining the massive scope of U.S. government surveillance, under the justification of preventing terrorism. Although the classified programs that make up the NSA’s data acquisition arsenal have only recently been disclosed over the past year, the laws that govern them have been under close scrutiny for years. The paper only adds fuel to the fire of the intelligence agency’s alleged spying capabilities, which have been heavily criticized by civil liberties and privacy groups alike.

“The fix has to come from the law — the same laws that apply to Internet traffic collected domestically should also apply to traffic that is collected abroad,” the paper’s co-author, Sharon Goldberg of Boston University’s Computer Science Department, said.

While the researchers do not say whether these loopholes are being actively exploited — saying their aim is solely to broaden the understanding of the current legal framework — the current legislation as it stands “opens the door for unrestrained surveillance,” they write.

Since the September 11 terrorist attacks, the subsequent introduction of the Patriot Act allowed certain kinds of data to be collected to help in the fight against terrorism — so-called “metadata,” such as the time and date of phone calls and emails sent, including phone numbers and email addresses themselves. But the contents of those phone calls or emails require a warrant. The classified documents leaked by Edward Snowden showed that while the public laws have been in effect for years or even decades, the U.S. government has used secret and classified interpretations of these laws for wider intelligence gathering outside the statutes’ text.

The Obama administration previously said there had been Congressional and Judicial oversight of these surveillance laws — notably Section 215 of the Patriot Act, which authorized the collection of Americans’ phone records; and Section 702 of the Foreign Intelligence Surveillance Act (FISA), which authorized the controversial PRISM program to access non-U.S. residents’ emails, social networking, and cloud-stored data.

But the researchers behind this new study say that the lesser-known Executive Order (EO) 12333, which remains solely the domain of the Executive Branch — along with United States Signals Intelligence Directive (USSID) 18, designed to regulate the collection of American’s data from surveillance conducted on foreign soil — can be used as a legal basis for vast and near-unrestricted domestic surveillance on Americans.

The legal provisions offered under EO 12333, which the researchers say “explicitly allows for intentional targeting of U.S. persons” for surveillance purposes when FISA protections do not apply, was the basis of the authority that reportedly allowed the NSA to tap into the fiber cables that connected Google and Yahoo’s overseas to U.S. data centers.

An estimated 180 million user records, regardless of citizenship, were collected from Google and Yahoo data centers each month, according to the leaked documents. The program, known as Operation MUSCULAR, was authorized because the collection was carried out overseas and not on U.S. soil, the researchers say.

The paper also said surveillance can also be carried out across the wider Internet by routing network traffic overseas so it no longer falls within the protection of the Fourth Amendment.

However, an NSA spokesperson denied that either EO 12333 or USSID 18 “authorizes targeting of U.S. persons for electronic surveillance by routing their communications outside of the U.S.,” in an emailed statement to CBS News.

“Absent limited exception (for example, in an emergency), the Foreign Intelligence Surveillance Act requires that we get a court order to target any U.S. person anywhere in the world for electronic surveillance. In order to get such an order, we have to establish, to the satisfaction of a federal judge, probable cause to believe that the U.S. person is an agent of a foreign power,” the spokesperson said.

The report highlights a fundamental fact about Internet traffic: Data takes the quickest route possible rather than staying solely within a country’s borders. Data between two U.S. servers located within the U.S. can still sometimes be routed outside of the U.S.

Although this is normal, the researchers warn data can be deliberately routed abroad by manipulating the Internet’s core protocols — notably the Border Gateway Protocol (BGP), which determines how Internet traffic is routed between individual networks; and the Domain Name Service (DNS), which converts website addresses to numerical network addresses.

If the NSA took advantage of the loophole by pushing Internet traffic outside of the U.S., it would have enough time to capture the data while it is outside the reach of constitutional protection.

The researchers rebuffed the NSA’s statement in an email: “We argue that these loopholes exist when surveillance is conducted abroad and when the authorities don’t ‘intentionally target a U.S. person’. There are several situations in which you don’t ‘target a U.S. person’, but Internet traffic of many Americans can in fact be affected.”

“We cannot tell whether these loopholes are exploited on a large scale, but operation MUSCULAR seems to find its legal and technical basis in them.”

Mark M. Jaycox, a legislative analyst at the Electronic Frontier Foundation (EFF), said: “If you are intentionally spying on a U.S. person, the government must go to the FISA Court,” he said. “That’s the way the law is supposed to operate.”

Describing how the NSA says it never “intentionally collects” U.S. information, he warned the agency’s foreign data dragnet would inevitably include U.S. data.

“The NSA is an intelligence organization — it’s going to be targeting foreigners. But it’s the way that its targeting millions of foreigners, and millions of foreign communications that will eventually pick up U.S. persons’ data and information. And once that data has been collected, it must be destroyed.”

“It’s a question the NSA can’t reconcile, so they lean heavily on saying they never ‘intentionally collect’ the U.S. person information,” he said

A recent primer on EO 12333 written by the privacy group said the order “mandates rules for spying… on anyone within the United States.” The group also notes because the order remains inside the Executive Branch, the Obama administration could “repeal or modify” it at will.

The American Civil Liberties Union said in a post on its website that the U.S. government interprets USSID 18 to “permit it to sweep up Americans’ international communications without any court order and with little oversight.”

Patrick Toomey, staff attorney at the American Civil Liberties Union’s National Security Project, said: “Today, Americans’ communications increasingly travel the globe — and privacy protections must reliably follow. This academic paper raises key questions about whether our current legal regime meets that standard, or whether it allows the NSA to vacuum up Americans’ private data simply by moving its operations offshore.”

He added that there should be a uniform set of laws that protect Americans’ privacy regardless of where they are in the world, and that Congressional oversight of all rules governing surveillance is needed for comprehensive reforms.

The ACLU has also filed a Freedom of Information lawsuit with a federal court in New York, questioning “whether it [EO 12333] appropriately accommodates the constitutional rights of American citizens and residents whose communications are intercepted in the course of that surveillance.”

Although there is no direct evidence yet to suggest the NSA has exploited this loophole, network monitoring firm Renesys observed two “route hijacking” events in June and November 2013 that led Internet traffic to be redirected through Belarus and Iceland on separate occasions. These events are virtually unnoticeable to the ordinary Internet user, but the side effect is that U.S. data may be readable by foreign governments traveling through their country’s infrastructure. It also could allow the NSA to capture that data by treating it as foreign data.

These legal and technical loopholes can allow “largely unrestrained surveillance on Americans communications,” the researchers wrote.

The NSA, whose job it is to produce intelligence from overseas targets, said for the first time in August 2013 that it derives much of its “foundational authority” for its operations from EO 12333. Recent Snowden disclosures shed new light on understanding the capabilities of the executive order.

It was also recently revealed that Snowden himself questioned the legal authority of EO 12333, according to one declassified email exchange released by the Director of National Intelligence James Clapper.

According to John Schindler, a former NSA chief analyst, speaking to The Washington Post in October, the sole aim of the NSA’s “platoon” of lawyers’ is to figure out “how to stay within the law and maximize collection by exploiting every loophole.”

“It’s fair to say the rules are less restrictive under [EO] 12333 than they are under FISA,” he added.

FISA expanded the NSA’s powers allowing it to obtain foreign intelligence — including economic and political surveillance of foreign governments, companies, news outlets and citizens. But the amended law in 2008 also restricted what can be collected on U.S. citizens.

The so-called “targeting” and “minimization” procedures, which remain classified but were reported as a result of the Snowden leaks, were introduced to ensure any data inadvertently collected on U.S. citizens from overseas would not be used in investigations. These were later criticized following subsequent leaks which suggested the rules on collecting U.S. persons’ data were more relaxed than the statute led the public to believe.

U.S. intelligence agencies can only do so much with U.S. data, therefore they have a “strong incentive to conduct surveillance abroad,” the researchers say, because legal protections under the Fourth Amendment and FISA do not apply outside U.S. territory.

“Programs under EO 12333 may collect startling amounts of sensitive data on both foreigners and Americans,” the paper summarizes, “without any meaningful congressional or judiciary involvement.”

http://www.cbsnews.com/news/legal-loopholes-could-let-nsa-surveillance-circumvent-fourth-amendment-researchers-say/

 

FISA Authority and Blanket Surveillance: A Gatekeeper Without Opposition

Vol. 40 No. 3

The author is with ZwillGen PLLC in Washington, D.C.

Surveillance and espionage were once practices ordinary Americans only read about in novels or saw in movie theaters. That is no longer true. America is at the center of a worldwide communications network. It is home to the world’s most popular telecommunications, email, instant message, and video chat providers. Because of America’s unique role, hundreds of millions of users send communications through American soil. At the same time, America’s enemies have grown from nation-states, like the Soviet Union, to small cells of terrorists that use ordinary communications networks. Taken together, it is not surprising that signals intelligence agencies like the National Security Agency (NSA), which intercept and analyze these signals, would seek and use surveillance powers to conduct more surveillance at home.

Part of this new regime means that more legal process to gather intelligence is being served on companies in the United States. Recent revelations have declassified documents describing the NSA’s broad “collect now, search later” approach to surveillance. This means that some electronic communications providers, and their in-house and outside counsel, are faced with new forms of legal process. But unlike criminal process, which is rooted in a large body of publicly available case law and which often comes to light in the course of criminal trials, this new process comes to these providers in secret. As documents recently declassified by the director of national intelligence demonstrate, the government has served a number of different kinds of orders on providers—each of whom must assess when and how they might comply with or challenge those orders.

My firm and I represented one such provider in In re Directives [Redacted] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act [Redacted], 551 F.3d 1004 (FISA Ct. Rev. 2008). That case presented a challenge that more providers may face as the NSA explores its surveillance capabilities. The provider received process known as a 105B directive (which is now called a 702 directive) starting in 2007. In contrast with typical criminal process, there was no prior court review or approval of particular surveillance targets. Instead, a 702 directive, like the one served on that provider, approved of the government’s procedure for conducting surveillance—not its targets.

 

Faced with this process, the provider had to make decisions about how it could respond. The provider chose not to comply with the process, and the government filed a motion to compel in the Foreign Intelligence Surveillance Court (FISC), a secret court charged with reviewing and approving some types of surveillance.

The course of that litigation proved complex. The Foreign Intelligence Surveillance Court of Review (FISCR), which handles appeals from the FISC, had published a single opinion before the In re Directives case, and while the lower court, the FISC, had rules for proceedings, there were no publicly available decisions on which to rely in litigating the procedural aspects of the case. The merits of the case too were litigated in the dark. No docket was made available, and there was no public mention of the case until after it was appealed and the FISCR entered its decision. Some documents related to the case are still being declassified, but in the words of the FISCR’s declassified decision, there was “multitudinous briefing” in the FISC and ample briefing on appeal.

The FISCR released its opinion in In re Directives in 2009, and a beam of light shone on its decisions for the first time in seven years. But then the FISC went dark again. In late 2013, however, the director of national intelligence, in response to increased public pressure seeking information on surveillance activities, began releasing more FISC opinions that are instructive on how the FISC operates and how it has been interpreting the Fourth Amendment and process under the Foreign Intelligence Surveillance Act, 50 U.S.C. § 1801 et seq. (FISA) in the intervening years, giving much needed guidance to providers and outside counsel.

 

The History of FISA

Understanding how to advise clients faced with FISA process, the challenges they face, and how to revise FISA to address public concerns about the NSA’s “collect now, search later” surveillance requires some history, legal analysis, and creative thinking. FISA’s history provides context for the reforms needed to adjust the balance between surveillance and privacy. Current events provide information about the extent of the problem. And creative thinking is required to create solutions.

FISA occupies an uneasy place. It resides where intelligence gathering meets the Fourth Amendment. FISA addresses the problem of how, and when, the government can conduct surveillance for intelligence-gathering purposes on United States soil. Over time, Congress has addressed this delicate balance by amending FISA to expand and contract surveillance capabilities. Today, FISA provides a comprehensive set of procedures for obtaining and using “foreign intelligence information” within the United States.

Before Congress passed FISA in 1978, there were no clear rules for when the executive branch could conduct clandestine surveillance for foreign intelligence purposes. Prior to FISA, every president since at least 1931 used surveillance to protect national security interests—even when no law specifically allowed that surveillance. See Sen. Rep. No. 94-755 (1976), Book III, Supplementary Detailed Staff Reports on Intelligence Activities and the Rights of Americans [hereinafter Church Report], available at www.intelligence.senate.gov/pdfs94th/94755_III.pdf. Presidents justified this surveillance by pointing to their role as commander-in-chief combined with their duty and authority to execute the laws of the United States. U.S. Const. art. II, § 1, § 2, cl. 1; see Church Report, supra, at 279.

This power remained relatively untested until the seminal case United States v. U.S. District Court for Eastern District of Michigan, Southern Division, 407 U.S. 297 (1972), also known as the Keith case. There, the government prosecuted three individuals for conspiring to bomb an office of the Central Intelligence Agency in Ann Arbor, Michigan. The Keith defendants moved to compel the government to disclose electronic surveillance information the government collected without first getting a warrant. The attorney general argued the surveillance satisfied the Fourth Amendment because it was necessary “to gather intelligence information deemed necessary to protect the nation from attempts of domestic organizations to attack and subvert the existing structure of the Government.” Id. at 300. The Supreme Court found that the government must get a warrant before engaging in domestic surveillance, but limited its opinion to “domestic aspects of national security” and stated that it “express[ed] no opinion as to the issues which may be involved with respect to activities of foreign powers or their agents.” Id. at 321. Keith changed the landscape of domestic surveillance, but lower courts struggled to decide when surveillance required a warrant and when surveillance fell outside Keith’s holding; as a result, they increasingly invalidated surveillance. See Zweibon v. Mitchell, 516 F.2d 594, 651 (D.C. Cir. 1975).

Faced with this uncertainty and the revelations about warrantless surveillance, the Senate created the Church Committee to investigate the executive branch’s use of warrantless surveillance. The committee’s report provided revelations much like those that are coming to light today as a result of Edward Snowden’s leaks. The committee’s report, which is actually 14 separate reports regarding intelligence abuses, provides one of the most extensive, in-depth examinations of the use and abuse of surveillance powers in the United States. The Church Report revealed that from the early 1960s to 1972, the NSA targeted certain Americans’ international communications by placing their names on a watch list. It contended that intercepting these Americans’ communications was part of monitoring programs it was conducting against international communications channels. As is the case in news reports today, “to those Americans who have had their communications—sent with the expectation that they were private—intentionally intercepted and disseminated by their Government, the knowledge that NSA did not monitor specific communications channels solely to acquire their message is of little comfort.” Church Report, supra, at 735.

History tends to repeat itself. Today, newspapers have reported that the NSA engages in bulk telephone records surveillance using the “Business Records” provision in section 215 of FISA (50 U.S.C. § 1861). This bulk surveillance, however, isn’t anything new. The Church Report provides shockingly similar revelations about the NSA’s Operation SHAMROCK. Much like recent revelations about today’s bulk records collection, Operation SHAMROCK, which lasted all the way from August 1945 until May 1975, collected millions of telegrams leaving or transiting the United States and monitored certain telephone links between the United States and South America. As part of this monitoring, the NSA intercepted Americans’ international communications and disseminated those communications to other intelligence agencies. In doing so, the NSA “never informed the companies that it was analyzing and disseminating telegrams of Americans.” Unlike today, however, “the companies, who had feared in 1945 that their conduct might be illegal, apparently never sought assurances that NSA was limiting its use to the messages of foreign targets once the intercept program had begun.” Church Report, supra, at 740–41.

The NSA discontinued SHAMROCK in 1975, but it still incidentally collected Americans’ communications—much like it does (to a lesser extent) today. The Church Committee described the NSA’s “initial interception of a stream of communications” as “analogous to a vacuum cleaner.” “NSA picks up all communications carried over a specific link that it is monitoring. The combination of this technology and the use of words to select communications of interest results in NSA analysts reviewing the international messages of American citizens, groups, and organizations for foreign intelligence.” Id. at 741. This is eerily similar to the FISC’s description of bulk records collection as recently as October 2011, in which it stated “that NSA has acquired, is acquiring, and . . . will continue to acquire tens of thousands of wholly domestic communications,” Redacted, slip op. at 33 (FISA Ct. Oct. 3, 2011), because it intercepts all communications over certain Internet links it is monitoring and is “unable to exclude certain Internet transactions.” Id. at 30.

 

Purposes of FISA

That history tells us where FISA comes from and the problems Congress was trying to solve. Congress had two main goals: provide some oversight where there was none, and draw clear lines so that law enforcement would know when it could use foreign intelligence process and when it had to follow ordinary criminal process. To address these goals, FISA contains two important parts. First, it established a framework for judicial review by creating the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review. It also created a new FISA process to replace criminal process such as warrants, subpoenas, surveillance orders, and pen register/trap and trace orders. The FISA versions of each of these has less stringent requirements for the government to satisfy than criminal process. See 50 U.S.C. § 1801–12 (electronic surveillance equivalent to Title III orders), 50 U.S.C. § 1821–29 (physical searches like search warrants), 50 U.S.C. § 1841–46 (pen registers and trap-and-trace devices), 50 U.S.C. § 1861–62 (business records like grand jury subpoenas).

Second, FISA addressed when law enforcement can and cannot use these FISA processes to conduct surveillance or gather evidence. As it was originally enacted, law enforcement could obtain FISA process, rather than criminal process, when the “primary purpose” of surveillance was to gather foreign intelligence information. At the same time, Congress explicitly excluded activities conducted abroad from FISA’s reach. It also did not provide protection for U.S. citizens when they left the United States. See H.R. Rep. No. 95–1283, at 51 (1978).

To fill in the gaps FISA left and to provide rules of executive branch intelligence agencies, President Reagan issued Executive Order 12,333, United States Intelligence Activities (46 Fed. Reg. 59,941 (Dec. 4, 1981)). That order (as amended) remains the basis for executive branch surveillance for foreign intelligence purposes. What is important is that the order sets forth procedures that apply where FISA did not, specifically for surveillance of United States persons located abroad. Id. § 2.5.

Foreign intelligence gathering continued under FISA and Executive Order 12,333 for nearly two decades without major revision or challenge, until the attacks of September 11, 2001. Following 9/11, Congress passed the USA Patriot Act, which amended FISA by expanding law enforcement authority and lowering the standards required to obtain surveillance authority. Pub. L. No. 107–56 (H.R. 3162), 115 Stat. 272 (2001). The act eliminated the “primary purpose” test and replaced it with a “significant purpose” test. Id. § 218. The “primary purpose” test led law enforcement to create a wall between agencies that engaged in criminal prosecutions (such as parts of the Federal Bureau of Investigation and the Department of Justice) and agencies that primarily engaged in foreign intelligence gathering (such as the NSA). One of the problems identified in the aftermath of 9/11 was a reluctance to share information because of this “primary purpose” rule—and the fear that doing so could put surveillance or criminal prosecutions at risk.

In a rare published decision (there have been only two), the FISCR upheld the “significant purpose” test in In re Sealed Case, 310 F.3d 717 (FISA Ct. Rev. 2002). The FISC court had found that the “significant purpose” standard was lower than the “primary purpose” standard but that the Fourth Amendment did not require more. The court concluded that the procedures and government showings required under FISA, even if they do not meet the warrant requirement, come close enough that FISA as amended by the Patriot Act meets the balancing test between Fourth Amendment rights and the need to protect against national security threats. In re Sealed Case would prove to be a launching point for reconciling FISA with the Fourth Amendment and for chipping away at the warrant requirement for foreign intelligence-gathering purposes.

In December 2005, a New York Times article revealed a warrantless domestic wiretapping program, the Terrorist Surveillance Program (TSP), in which the NSA was allowed to eavesdrop on communications where at least one party was not a United States person. According to reports, technical glitches resulted in some “purely domestic” communications being subject to surveillance. The surveillance was based on a 2002 executive order that allowed the NSA to monitor international email messages and international telephone calls transmitted by communications networks based in the United States—surveillance that was outside the scope of review in In re Sealed Case. That executive order claimed that FISA’s warrant requirements were implicitly superseded by the passage of the congressional resolution authorizing the use of military force against terrorists and that the president’s inherent authority under Article II of the Constitution to conduct foreign surveillance trumped FISA.

A group of plaintiffs sought to challenge the TSP in American Civil Liberties Union v. National Security Agency, 438 F. Supp. 2d 754 (E.D. Mich. 2006). The district court ruled that the surveillance violated the Fourth Amendment, finding that the TSP was implemented without regard to the Fourth Amendment or to FISA, and thus violated FISA, the standards of Title III, and the Fourth Amendment. On appeal, however, the Sixth Circuit dismissed the case, finding that the plaintiffs lacked standing to challenge the TSP because they had not alleged that they were the actual victims of warrantless surveillance. ACLU v. NSA, 493 F.3d 644 (6th Cir. 2007); see also Clapper v. Amnesty Int’l, 133 S. Ct. 1138 (2013).

The Protect America Act of 2007

Following the public outcry in response to the New York Times article and the ACLU decision, the Bush administration proposed the Protect America Act of 2007 (PAA), Pub. L. No. 110-55, 121 Stat. 552, which was designed to address surveillance of communications facilities located in the United States that transmit communications between individuals both of whom are located abroad. PAA § 105A. Again, just as in 1978, the government needed more guidance on when FISA applied and when the executive branch was free of its requirements. The PAA addressed a new problem: capturing wholly foreign communications on U.S. soil. In the past, to capture foreign communications between non-U.S. persons, the government simply implemented surveillance on foreign communications networks, which are not subject to restrictions imposed by the Fourth Amendment or any statute. Now that foreign communications could be transferred within the United States and the TSP’s constitutionality had been called into doubt, the intelligence community required a new tool to continue that surveillance. The PAA, by providing a number of procedures to conduct surveillance of targets outside the United States, and in an attempt to avoid resort to traditional warrants and Title III orders, implemented a system of internal controls at the NSA as well as overarching review of policies and procedures by the FISC. The PAA was a stopgap measure, to preserve some aspects of warrantless surveillance of foreign communications transmitted within the United States while Congress worked to overhaul FISA.

Notably, the PAA, like the Patriot Act, again changed the test of when the FISA process does and does not apply. The PAA changed the focus from the identity of the party targeted to whether a party was present in the United States. This change made it much simpler for the attorney general and the director of national intelligence to approve surveillance—rather than certifying that both parties to the communication were foreign powers or agents of foreign powers, they now only had to certify that the target of the surveillance was located outside the United States. Under the PAA, the director of national intelligence and the attorney general could permit, for up to one year, “the acquisition of foreign intelligence information concerning persons reasonably believed to be outside the United States” if they determined that the acquisition met five specified criteria and the minimization procedures for that surveillance were approved by the FISC. PAA § 105B. In practical terms, the government could serve providers with orders that the FISC approved, and then name the targets of surveillance later.

One provider, Yahoo, challenged this in In re Directives [Redacted] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act [Redacted], 551 F.3d 1004 (FISA Ct. Rev. 2008). In that case, the government revealed that it not only complied with the PAA but also voluntarily complied with Executive Order 12,333, 46 Fed. Reg. 59,941, 59,951 (Dec. 4, 1981), which taken together mean that the certifications at issue “permit surveillances conducted to obtain foreign intelligence for national security purposes when those surveillances are directed against foreign powers or agents of foreign powers reasonably believed to be located outside the United States.” In re Directives, 551 F.3d at 1008. The court upheld these warrantless searches, finding that because the purpose of the surveillance was to gather foreign intelligence information, it fell under a “foreign intelligence exception to the Fourth Amendment’s warrant requirement” so long as it was directed against foreign powers or agents of foreign powers reasonably believed to be located outside the United states. Id. at 1012.

The court also found that the searches were reasonable because they complied with Executive Order 12,333, which required probable cause to believe that an individual is outside the United States and a finding that such surveillance was necessary, and which limited the duration of the surveillance and thus contained sufficient protections to avoid risk of mistake or executive branch misconduct.

The PAA was a stopgap measure and was eventually replaced by the FISA Amendments Act of 2008 (FAA), Pub. L. No. 110-261, § 403, 122 Stat. 2436, 2473. The FAA repealed the most troublesome provision of the PAA, which provided for warrantless surveillance of foreign intelligence targets “reasonably believed” to be outside the United States, even if they were U.S. persons, by adding a new section to FISA entitled “Additional Procedures Regarding Certain Persons Outside the United States.” Much of this section enshrines the protections present in Executive Order 12,333’s treatment of U.S. persons that the court relied on in In re Sealed Case and In re Directives to uphold the surveillance of United States persons located abroad.

The FAA again addressed the question of when FISA applies via a complicated web of procedures and processes for each category of target subject to surveillance: individuals outside the country that are not “U.S. Persons” (section 1881a), acquisitions inside the country targeting U.S. persons outside the country (section 1881b), and U.S. persons outside the country (section 1881c). Different processes are required for each type of target, but in a nutshell, U.S. persons receive slightly more protection. The most important change is that there is no prior judicial review of surveillance conducted in the United States that targets non-U.S. persons located outside the United States. FAA § 1881a. To conduct surveillance of U.S. persons outside the United States, however, the government must first obtain FISC approval of the particular targets. FAA § 1881b.

 

Time to Address Problems

FISA’s history and current events demonstrate that we are at a point in the cycle where it is again time to address the two basic questions: How do we provide oversight of intelligence-gathering activities? And when does this oversight apply? FISA, from a textual perspective, provides the government with far-reaching authority for surveillance and specific process for each type of surveillance it may want to conduct, but the public was relatively unaware of how the government used that authority until Edward Snowden leaked classified documents in late 2013 providing some detail on the NSA’s use of surveillance activities. In response, the government has begun declassifying a wealth of FISC decisions, letters to Congress, and other information regarding the NSA’s use of FISA authorities. A detailed analysis of these opinions could lead to a new report as voluminous as the Church Committee’s reports, but even a high-level analysis provides some context for moving forward.

The recently released opinions—such as Redacted, LEXIS 157706 (FISA Ct. Oct. 3, 2011), and Redacted II, LEXIS 157706 (FISA Ct. Nov. 30, 2011)—confirm what appeared to be the case in In re Directives, that the FISC has adopted an exception to the warrant requirement for foreign intelligence gathering—particularly where the government seeks communications that are not wholly domestic. In those cases, despite finding that the NSA knowingly collected wholly domestic communications that had nothing to do with foreign intelligence, the FISC generally approved most of the government’s targeting and minimization procedures. On a bad set of facts for the government, the FISC held that only a small part of the NSA’s surveillance program was unconstitutional and only because the NSA did not make enough of an effort to delete wrongly collected communications—a problem the NSA soon remedied. Redacted II, LEXIS 157705 (FISA Ct. Nov. 30, 2011).

The window left open in Keith seems to be closed. Similarly, the FISC has approved of the NSA’s “collect now, restrict searching later” approach to minimization. See In re Application of the F.B.I. for an Order Requiring the Production of Tangible Things from [Redacted], No. BR 13-109, LEXIS 134786 (FISA Ct. Sept. 13, 2013). In other words, the FISC has found no constitutional or statutory impediment to the government “over collecting” data—so long as it does not intentionally collect wholly domestic communications and it has minimization procedures to restrict access. There is no indication that the government has used its surveillance powers improperly (except in a limited number of circumstances attributable to NSA employee misconduct), but the FISC has not taken a robust view of the Fourth Amendment.

As was the case back in the late 1970s, the American public has reacted to executive surveillance activities—some of which are eerily similar to the NSA’s use of surveillance authority in the mid– to late 1970s. And as was the case in the late 1970s, it may again be time for Congress to take action. The problems remain quite similar to those Congress faced in 1978: provide oversight where there is none, or where it is inadequate, and make clear when the government can, and cannot, use different types of FISA process.

In late 2013, numerous members of Congress began proposing bills to reform FISA and provide new protections. See Mark M. Jaycox, “Cheat Sheet to Congress’ NSA Spying Bills,” Elec. Frontier Found. (Sept. 11, 2013), http://www.eff.org/deep links/2013/08/effs-cheat-sheet. Given the heated nature of the current debate, it is likely that the particular content of these bills will change daily, and summarizing their particularities is best left to blogs. Still, the bills generally fall into two categories: increasing transparency and restructuring the process. A few bills address bulk collection of records under section 215, but none takes a comprehensive approach to changing the question of when FISA applies and when it does not.

The current system of checks and balances under the FAA is simply not enough. It’s not because of a lack of desire by the providers to defend their users. Unlike the telephone and telegraph companies that did not act to end NSA spying in the Operation SHAMROCK era, providers today are taking a much more active role in the process. Yahoo challenged the FISA process in 2008, interest groups have filed actions seeking information about surveillance practices, and now providers have brought declaratory judgment actions seeking to reveal more information about surveillance process they receive.

One of the pending bills, Senator Blumenthal’s FISA Court Reform Act of 2013, Senate Bill 1460 and Senate Bill 1467, provides an answer that, having had the experience of litigating before the FISC myself, I believe could provide much needed improvements. That bill provides for a new Office of the Special Advocate, which introduces an adversary to the court. (This is similar to the public privacy advocate that President Obama recently proposed.) The act attempts to solve a basic problem with the current oversight procedures: There is no true adversarial process for most of the legal issues that arise. The newly declassified opinions the director of national intelligence has released make this abundantly clear. Setting aside the legal arguments, the procedural history of the opinions indicates delays on the government’s part, a lack of supervision after the court issues its orders, and a preference for secrecy over public disclosure at any cost. Appointing a special advocate ad litem for the public would ensure that novel legal arguments in the FISA court would face a consistent, steady challenge no matter who the provider is, thereby strengthening the FISA process by subjecting results to checks and balances.

Without such a process, the court and the Department of Justice must work through difficult legal issues with no balancing input. An advocate could participate in all cases involving a new statute or authority or a new interpretation or application of an existing authority. The special advocate could choose the cases in which to be involved, or the court or a provider that receives process could request its involvement where an opposition would be useful to test and evaluate the government’s legal arguments. The special advocate’s office could be established with proper security safeguards to draft, store, and access classified records more efficiently. It could also be required to report to the public and Congress the number of cases it has argued and how often it has limited or pared back the government’s requests. It would provide a vital counterpoint for legislators exercising their oversight duties.

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

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

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

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

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

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

July 18, 2014

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

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

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

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

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

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

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

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

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

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

“Incidental collection” might need its own power plant.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A Primer on Executive Order 12333: The Mass Surveillance Starlet

JUNE 2, 2014

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

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

Executive Order 12333

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

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

The Information Collected

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

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

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

Uses of Executive Order 12333

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

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

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

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

May 13, 2016 21 min read Download Report

Authors:Paul Rosenzweig, Charles Stimson andDavid Shedd

Select a Section 1/0

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

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

Section 702 Explained

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

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

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

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

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

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

The Incidental Collection Issue

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

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

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

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

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

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

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

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

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

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

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

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

The Effectiveness of Section 702

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

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

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

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

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

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

Section 702 Criticisms v. Facts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 702: Constitutional and Lawful

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

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

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

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

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

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

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

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

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

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

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

Section 702: Continuing Improvements

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

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

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

Conclusions

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

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

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

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

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

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

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

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

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

JUNE 06, 2017 5:27 PM

Republicans worried about leaks consider cutting back surveillance authority

 

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The Pronk Pops Show 899, May 24, 2017, Story 1: Trump Visits Pope and Exchange Gifts and Words of Wisdom — Climate Change Difference — Videos — Story 2: Trump To NATO Countries — Increase Your Military Spending — Videos

Posted on May 24, 2017. Filed under: American History, Banking System, Blogroll, Breaking News, Budgetary Policy, Business, Coal, Coal, Congress, Corruption, Countries, Defense Spending, Donald J. Trump, Donald Trump, Economics, Education, Elections, Empires, Employment, Energy, Environment, European History, European Union, Fiscal Policy, Foreign Policy, France, Free Trade, Freedom of Speech, Germany, Government, Government Spending, Great Britain, Hillary Clinton, History, Human, Illegal Immigration, Immigration, Independence, IRS, Islam, Italy, Labor Economics, Law, Legal Immigration, Life, Media, Medicare, Middle East, Monetary Policy, National Interest, Natural Gas, Natural Gas, Netherlands, News, Nuclear, Nuclear Weapons, Obama, Oil, Oil, People, Philosophy, Photos, Politics, Polls, President Trump, Radio, Raymond Thomas Pronk, Regulation, Religion, Resources, Rule of Law, Scandals, Security, Senate, Social Security, Solar, Spying, Success, Surveillance and Spying On American People, Surveillance/Spying, Tax Policy, Terror, Terrorism, Trade Policy, Unemployment, United States of America, Videos, Violence, War, Wealth, Wisdom | Tags: , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

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Pronk Pops Show 896,  May 18, 2017

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Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

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Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

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Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

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Pronk Pops Show 830: February 2, 2017

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Story 1: Trump Visits Pope and Exchange Gifts and Words of Wisdom  —  Climate Change Difference — Videos — 

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Trump meets Pope Francis and the media creates faux controversy?

Published on May 24, 2017

Catholic League President Bill Donohue on President Trump’s meeting with Pope Francis.

President Trump Meets Pope Francis at the Vatican 5/24/17

US President Donald Trump meets Pope Francis at the Vatican

Meeting of Pope Francis with President Donald Trump 24 May 2017 HD

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Donald Trump on Climate Change

Donald Trump is not a believer in global warming

DonaldTrump on global warming, climate change, and extreme weather

Pope Francis: Climate change is a problem

The Pope’s encyclical on climate change

Published on Jun 22, 2015

Pope Francis released an encyclical, one of the highest Catholic teachings, on the environment.
Click here for the full story: http://www.cbc.ca/news/technology/pop…
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Pope Lends Weight to G-7 Push to Bind Trump to Climate Deal

May 24, 2017, 3:48 AM CDT May 24, 2017, 6:11 AM CDT
  • G-7 leaders await Trump decision on emission cuts this weekend
  • Francis has called for urgent action to protect environment

Pope Francis and President Trump met face to face at the Vatican for the first time, at Trump’s request. Bloomberg’s Kevin Cirilli and Alessandro Migliaccio report on ‘Bloomberg Markets.’ (Source: Bloomberg)

Pope Francis joined an international chorus urging Donald Trump to meet U.S. commitments on climate change in talks at the Vatican Wednesday.

Francis gave the U.S. president a copy of his 2015 encyclical calling for urgent, drastic cuts in fossil-fuel emissions after a half-hour meeting in his private study.

Francis’s choice of gift suggests he is adding his voice to those pressing Trump not to renege on the Paris accord, which is the cornerstone of global efforts to limit climate change. The Vatican said in a statement that the talks focused on international affairs and the promotion of peace, with particular emphasis on health care, education and immigration.

“Thank you, thank you,” Trump told Francis as they shook hands after the meeting. “I won’t forget what you said.” Trump has said climate change might be a hoax perpetrated by the Chinese.

For his part, Trump gave Francis a special edition of the works of U.S. civil rights leader Martin Luther King.

Trump met with Italian Prime Minister Paolo Gentiloni later on Wednesday before he travels to Brussels for a NATO meeting. He’ll be back in Italy again on Friday for talks with Group of Seven leaders in Taormina, Sicily. The world’s biggest developed economies are expecting Trump to say whether he’ll keep the U.S. in the Paris climate accord during the summit, Germany’s environment minister Barbara Hendricks, said Monday.

French President Emmanuel Macron will push Trump over climate during the NATO meeting as part of a coordinated European effort to sway the president, a French government official said on Wednesday morning, adding that he had expected the pope and Gentiloni also to raise the issue. The official said that the questions over what the U.S. will decide have led to unprecedented uncertainty over what the G-7 will be able to say in its final communique.

Members of the Trump administration have been deadlocked over whether the U.S. should uphold the pact, brokered by nearly 200 nations in 2015. Leaders from Germany, China and other nations have pushed for America to stay.

Pressure has also come from business groups, including 280 investors representing more than $17 trillion in assets who released a statement Monday saying climate change must be an “urgent priority” for all G-20 nations. Executives have warned that Trump would put U.S. companies at a disadvantage if he pulled out of the pact.

As the richest nation and the second-largest polluter, U.S. efforts are central to keeping climate change from hitting an irreversible tipping point, unleashing catastrophic floods, droughts and storms, according to researchers. The U.S. has pledged to reduce its emissions by at least 26 percent from 2005 levels under the world’s broadest ever environmental agreement.

The meeting at the Vatican was the first between two leaders who have starkly differing views on a range of issues and was arranged at Trump’s request. Beyond their disagreements on the environment, Francis wants the world’s doors swung open to refugees, while Trump wants fewer of them in America. Income inequality is a serious concern for the pope — the billionaire president plans to rewrite the U.S. tax code to make the wealthy even richer.

Pope Francis Wrestles With Curia, Climate and Trump: QuickTake

For the president, it’s an encounter that may confer some legitimacy as he grapples with a political crisis back home. For Francis, it’s a chance to influence a leader who, for all his stumbles, remains the most powerful person in the world.

“There’s a whole range of issues on which the pope and Trump differ, but the point of their meeting isn’t to forge agreement on them or to change each other’s minds,” papal biographer Austen Ivereigh said in a telephone interview. “The point is to establish a bond of trust, which they can both call on in the future to further their agendas.”

Francis arrived at the courtyard of the Apostolic Palace in a Ford Focus and entered the building through a side entrance. Ten minutes later, the president’s motorcade was greeted by Swiss Guards who stood to attention with their halberds and ostrich-plumed helmets. The pope welcomed Trump upstairs in the Sala del Tronetto before the two leaders retired to his private study for a half-hour conversation.

“It was an honor to be with the pope,” Trump told reporters later in the morning. “We had a fantastic meeting,” he added, without addressing a shouted question on whether they discussed climate change.

As well as the text on environmental protection, which Francis said he’s sent to all Roman Catholics, the pope also gave Trump books on family and the joy of the gospel.

“I’ll be reading them,” the president told him.

He also gave Trump a medal made by a Roman artist depicting an olive. The pope told Trump the olive is a symbol of peace.

“That’s so beautiful,” the president said. “We can use peace.”

https://www.bloomberg.com/politics/articles/2017-05-24/pope-gives-trump-book-on-protecting-environment-at-vatican-talks

Why Melania and Ivanka Trump stuck to traditional Vatican dress codes when meeting Pope Francis today

The Trumps arrived in Rome last night, and their first engagement this morning was a headliner in the global tour which they are currently part way through; meeting with Pope Francis at the Vatican.

Both the First Lady, Melania Trump, and the First Daughter, Ivanka Trump, accompanied the President to the high-profile engagement, and both chose to honour the traditional Vatican dress codes by wearing black, long sleeved dresses and veils – the former even choosing to honour her host nation by wearing Italian label Dolce and Gabbana.

It was a somewhat unexpected move, especially given recent news that Pope Francis is keen to relax the strict dress codes to which women must conform to when attending private papal audiences.

Earlier in the week, Melania and Ivanka raised eyebrows when they met key figures in Saudi Arabia, without wearing headscarves, as Saudi women are required to do by law.  Although there is no such obligation for foreign women to do the same, Donald Trump criticised Michelle Obama when she didn’t cover her head visiting the country in 2015.

Jared Kushner, Ivanka Trump, First Lady Melania Trump and President Donald Trump with Pope Francis 
Jared Kushner, Ivanka Trump, First Lady Melania Trump and President Donald Trump with Pope Francis  CREDIT: AP POOL

Although the First Lady and First Daughter dressed modestly, they did it in their own way.  Largely, the duo has stuck with their signature takes on power-dressing throughout, wearing white sheath dresses and nipped skirt suits by American labels like Michael Kors and Oscar de la Renta, and, in Melania’s case giving a taste of her sense of glamour by stepping off the plane in a flashy gold belt and choosing a jewel-hued gown by Reem Acra for an evening dinner.

Only when Ivanka visited Jerusalem’s Western Wall did she cover her head as is custom for Jewish women when visiting the site- Trump converted to Judaism prior to her 2009 marriage to Jared Kushner.

So why the immaculate toeing of the line at the Vatican? As Pope Francis had been one of Donald Trump’s most vocal critics it was likely deemed to be in everyone’s best interests that today went smoothly – starting with the clothes.

Melania and Ivanka

Traditionally, under Pope Benedict XVI and all those before him, the rule was that women should wear black to meet his Holiness, covering up with full sleeves and a mantilla, the lace veil traditionally worn in the Roman Catholic Church.

Only a handful of Queens and Princesses from Catholic regions are permitted to wear white, according to the traditional “privilège du blanc” or “privilege of the white” rule. When Princess Charlene of Monaco met Pope Francis last January, for example, she exercised the privilege, wearing a chic crepe jacket and white driving gloves with her white mantilla and nude heels.

In the past, anyone who wore white was at risk of offending the privileged few – Cherie Blair did when she met Pope Benedict XVI in 2006, and subsequent headlines about the woman with a ‘grand idea of herself’ were beamed around the world the next day. It’s widely understood, however, that Pope Francis sees himself as a modern Pope, and has now eased the strict dress code once adhered to by The Queen and more.

The Duchess of Cornwall at the Vatican last month
The Duchess of Cornwall at the Vatican last month

When Camilla, Duchess of Cornwall met the Pope in April, she wore a champagne-hued dress by British label Anna Valentine and, despite defying all Vatican dress codes, it wasn’t a faux pas, as his Holiness had welcomed the look.

“Things have become more relaxed over the last few years there are no hard and fast rules,” a spokesperson for the Vatican explained.

Michelle Obama meets Pope Benedict XVI in July 2009
Michelle Obama meets Pope Benedict XVI in July 2009 CREDIT:REUTERS

That said, First Ladies, celebrities, and members of the public still tend to stick to the traditional codes, even if they aren’t officially required to.  Michelle Obama wore a black dress with a mantilla when she met Pope Benedict XVI in 2009, and Amal Clooney wore a sharp black skirt suit with a matching hat when she met Pope Francis in May 2016.

It’s no wonder, in that case, that Melania opted for a traditional lace mantilla, and Ivanka a slightly more modern net veil. If you’re erring on the side of caution, it is surely always the safest bet to stick with tradition.

http://www.telegraph.co.uk/fashion/people/melania-ivanka-trump-stuck-traditional-vatican-dress-codes-meeting/

Story 2: Trump To NATO Countries — Increase Your Military Spending — Videos

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President Trump & Melania Arrive in Brussels Ahead of NATO Summit 5/24/17

Raw: President Trump in Belgium for Meetings

NATO must ‘step up’ after Manchester attack: Stoltenberg

NATO rolls out the red carpet, buffs its image for Trump

 NATO is not only rolling out the red carpet for President Donald Trump in Brussels Thursday, the military alliance — which Trump once declared obsolete — has been busy repackaging its image and is ready to unveil a new headquarters worth more than 1 billion euros.

In recent months, member nations have strained to show they are ramping up defense spending as Trump has demanded, even though they have been doing so for a few years in response to an aggressive Russia. And while they agree with the chief of the alliance’s most powerful member that NATO can do more to fight terrorism, they say it can be achieved with more of the same; training and mentoring troops in Afghanistan, and equipping local forces in Iraq so they can better fight the Islamic State group themselves.

“They’ll only talk about what he cares about, so really he should come out of this meeting feeling as though NATO responds to him,” said Kristine Berzina, NATO analyst at the German Marshall Fund think tank. “At least that’s what they hope here.”

Indeed, the NATO leaders will agree to join the 68-nation international coalition fighting IS, after Germany and France were no longer raising any objections about announcing the decision on Thursday.

The move is symbolically important, especially since the group claimed responsibility Tuesday for a deadly explosion at an Ariana Grande concert in Manchester, England.

An anti-terror coordinator may also be named, but most changes will be cosmetic, as NATO allies have no intention of going to war against IS.

“It’s totally out of the question for NATO to engage in any combat operations,” NATO Secretary-General Jens Stoltenberg said Wednesday, on the eve of the meeting.

The 28 member nations, plus soon-to-join Montenegro, will renew an old vow to move toward spending 2 percent of their gross domestic product on defense by 2024. Still, many are skeptical about this arbitrary bottom line that takes no account of effective military spending where it’s needed most. Germany would have to virtually double its military budget and spend more than Russia.

Putting some meat on the pledge, the leaders will agree to prepare action plans by the end of the year, plotting how to reach 2 percent over the next seven years, and show how they will use the money and contribute troops to NATO operations.

Only five members currently meet the target: Britain, Estonia, debt-laden Greece, Poland and the United States, which spends more on defense than all the other allies combined.

“It’s not fair that we’re paying close to 4 percent and other countries that are more directly affected are paying 1 percent when they’re supposed to be paying 2 percent,” Trump told the Associated Press in an interview last month.

Tomas Valasek from the Carnegie Europe think tank says the president’s demands on overdue debts have shaken up the other allies.

“Trump has challenged the idea that active engagement in Europe is a core U.S. interest,” Valasek said. “He appears to regard all foreign relations as zero-sum transactions, in which each contribution to someone else’s security represents a net loss to the United States.”

The Europeans, Valasek said, should respond in two ways: “In the short term, focus on preventing the president from abandoning the alliance and, in the long term, prepare to assume a bigger role in defending the European continent.”

The short working-dinner meeting will be high on symbolism. At the entry to the new premises — a village-sized complex that should be in full use early next year — Trump and Stoltenberg will unveil a piece of the World Trade Center.

After the September 11, 2001, attacks in the United States, NATO activated its collective defense clause for the first and only time, with member nations pledging to help their beleaguered ally.

Stoltenberg and German Chancellor Angela Merkel will also unveil a part of the Berlin Wall that once divided East and West Germany.

But the ceremonies and symbolism will do little to hide the divisions running through NATO. Trump wants more from the alliance, while countries such as Poland, Lithuania, Latvia and Estonia want iron-clad assurances that they won’t be left alone should Russia cross their borders.

Turkish President Recep Tayyip Erdogan, meanwhile, has purged around 11,000 military personnel from its armed forces since last July’s thwarted coup. Hundreds of western-educated senior officers were removed from posts at NATO, severely weakening the army.

Yet it’s a subject that is almost taboo at NATO headquarters; a national affair to be dealt with internally.

Tensions have also mounted between Erdogan and Merkel since Germany offered asylum to some of the officers. Belgium has publicly warned against any pro-Erdogan rallies during his visit.

Outside the heavily guarded security perimeter near the city’s airport and in downtown Brussels, peace groups have planned rallies of their own.

But, as the Manchester bombing remains fresh in mind, Belgium will remain on security Level 3 — meaning that the threat of an extremist attack “is possible and likely” — as it has since the suicide-bomb attacks on the Brussels airport and subway killed 32 people last year.

https://apnews.com/1e412fe9983747a6a8f94a2356d31f96/NATO-rolls-out-the-red-carpet,-buffs-its-image-for-Trump

Trump’s Anti-Terrorism Call Resonates at NATO After Manchester Attack

May 24, 2017, 11:51 AM CDT May 24, 2017, 12:25 PM CDT
  • Terrorism, defense spending top agenda of Brussels summit
  • France led concerns of wider NATO role fighting Islamic State

U.S. President Donald Trump’s demands to step up the fight against terrorism is set to get a sympathetic hearing from NATO partners when he visits the alliance headquarters for the first time on Thursday.

A deadly bombing in the U.K. this week has given fresh resonance to his call for the North Atlantic Treaty Organization to become more engaged in fighting global terrorism. France and Germany, which had resisted an upgrade of NATO’s role in the international coalition against Islamic State, accepted the move on the eve of the summit, according to two officials familiar with the preparations.

Trump’s meeting with fellow NATO leaders including Prime Minister Theresa May in Brussels, a city he once called a “hellhole,” will go a long way to determining the future strength of the trans-Atlantic alliance. While facing resistance from countries including Italy and Germany to his calls to raise defense spending, he’s likely to find common ground on the shared threat posed by radical Islamist terrorism, and avert fresh tensions with partners already anxious about the Trump administration’s priorities.

The Manchester attack will play a “big role” in the meeting and “drives home the Trump administration’s message that more needs to be done to fight terrorism,” said Kristine Berzina, a Brussels-based fellow at the German Marshall Fund of the United States.

Message of Unity

The forces tugging at NATO will be symbolized before the summit dinner when the leaders inaugurate a new headquarters. The steel-and-glass complex will feature pieces of the Berlin Wall, whose fall in 1989 marked the West’s victory in the Cold War against Russia, and of the World Trade Center, whose collapse in the 2001 terrorist attacks prompted the only occasion when the alliance has invoked its mutual-defense clause.

At issue for NATO in the Middle East is whether the alliance becomes a full member of the coalition fighting Islamic State in Iraq and Syria. NATO currently plays a supporting role through the use of Airborne Warning and Control System planes and the training of Iraqi soldiers.

Germany and France had expressed concerns that upgrading NATO’s involvement could skew the geographical balance among the existing 68 partners in the coalition and weaken it, according to European officials who spoke on the condition of anonymity because the deliberations are confidential.

NATO Secretary General Jens Stoltenberg said broad support exists for making the organisation a full member of the coalition and doing so will offer political and practical benefits.

“Many allies would like to see NATO as a full member of the coalition for two reasons,” Stoltenberg told reporters on Wednesday. “It sends a strong and clear message of unity in the fight against terrorism” and “will provide a better platform for coordinating the activities of NATO, NATO allies and other partners in the coalition.”

Secretary of State Rex Tillerson told reporters on the plane to Brussels from Rome that it would be an “important step.” NATO’s “been an observer. But they’ve become more and more engaged in the actual fight to defeat” Islamic State, he said.

Pope Meeting

The fight against Islamic State will also be at the forefront of the Group of Seven meeting later this week, with Italian Prime Minister Paolo Gentiloni saying in a statement that leaders “will deliver the strongest possible message of extraordinary and common commitment against terrorism.” Trump even broached the topic with the Pope on his visit to the Vatican, discussing extremism and the radicalization of young people, Tillerson said.

Trump has leverage to gain concessions from Europe both over NATO’s anti-terrorism activities and over allies’ defense expenditure because European officials are genuinely worried about his commitment to the alliance, not least its mutual-defense provision, said Berzina. She said they are keen for Trump to show unequivocal support for collective defense at the summit.

“Because NATO is a consensus-based organization dominated by the U.S., the Europeans can’t just fire back the way they do when acting as European Union members,” Berzina said. “This could lead to concrete results in the near future on Trump’s demands regarding NATO.”

The timing of Thursday’s dinner, at what is for many Europeans the unthinkably early hour of 5:45 p.m., illustrates the American influence on the Alliance.

Brussels, which was targeted in a 2016 terror attack that left 32 dead, is the penultimate stop for Trump on a four-country tour that marks his first overseas trip as U.S. president and that has coincided with a growing political storm at home over possible Russian interference in the 2016 election. The controversy has sparked a Federal Bureau of Investigation probe into whether anyone close to Trump colluded with Russia.

On defense expenditure, with the Trump administration pressing Europe to foot more of the common security bill, NATO members intend to draw up annual plans for increased spending. The U.S. accounts for about 70 percent of NATO’s overall defense outlays.

In 2014, NATO members set a goal of spending at least 2 percent of gross domestic product on defense within a decade and last year in Europe only Estonia, Greece, Poland and the U.K. met the target. The U.S. led in 2016 with defense expenditure of 3.61 percent of GDP.

In a concession to Germany, which has raised defense outlays while rejecting any rush to the 2 percent target and urging smarter spending in Europe, NATO allies aim to allow national plans to include non-military contributions such as development aid that help meet overall security goals.

Amid the pressure from Trump over defense budgets, the EU is drafting plans to spend more of its common budget on defense research, pool procurement and give the arms industry better access to finance.

“I think you can expect the president to be very tough on them,” said Tillerson, who reiterated U.S. support for NATO’s collective defense obligation. “The American people are doing a lot for your security, for our joint security. You need to make sure you’re doing your share for your own security as well.”

https://www.bloomberg.com/politics/articles/2017-05-24/trump-s-anti-terror-call-to-resonate-with-nato-after-u-k-attack

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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

Trump meets with Israeli PM Netanyahu (full speech)

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Donald Trump Lands In Israel – Complete [HD] 720p

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

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

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Trump visits Jerusalem’s Church of the Holy Sepulchre

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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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The Pronk Pops Show 896, May 18, 2017, Story 1: A Broadcasting Legend, Roger Ailes, Dies at Age 77, Rest in Peace — Videos — Story 2: President Trump Tweets: “The is The Single Greatest Witch Hunt of A Politician in American History” — Special Counsel: Bad Idea — Robert Mueller: Good Choice — Videos

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Pronk Pops Show 883 April 28, 2017

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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

Image result for roger ailes and familyImage result for roger ailes and family

Rupert Murdoch statement on Roger Ailes’ passing

Brit Hume on the life and legacy of Roger Ailes

Sean Hannity: I am forever grateful for Roger Ailes

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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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Robert Meuller Named Special Prosecutor in Trump-Russia Probe. Tucker and Jason Chaffetz Weigh In.

Trump Blasts Russia Investigation as a ‘Witch Hunt’ on Twitter

Explaining Robert Mueller’s New Role as Special Counsel

While Most Sing Mueller’s Praises, Louie Gohmert Says He’s a Big Problem!

Bill Bennett talks pros and cons of Russia special counsel

Ingraham: Left has been trying to impeach since Election Day

What does special counsel mean for the Russia probe?

As special counsel, Mueller to have significant power in Russia probe

Brit Hume: Mueller is the grownup needed for Russia probe

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 892, May 12, 2017, Story 1: Lester _______ (Bolt, Colt, Dolt, Holt, Jolt, Volt) Interviews President Donald J. Trump — The Real Scandal Is Obama Surveillance and Spying On Republican Party Presidential Candidates Using The Intelligent Community (CIA, NSA, FBI, …) Product–Unmasked and Leaked! — Videos– Story 2: Big Lie Media Crazy Credibility Crisis — Fake News is Media McCarthyism — Videos — Story 3: President Trump Voter Fraud Commission — Videos

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Pronk Pops Show 829: February 1, 2017

 

Story 1: Lester _______ (Bolt, Colt, Dolt, Holt, Jolt, Volt) Interviews President Donald J. Trump — The Real Scandal Is Obama Surveillance and Spying On Trump and Associates Using The Intelligent Community (CIA, NSA, FBI, …) Product!  —  Videos — 

 

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United States Intelligence Community

From Wikipedia, the free encyclopedia
United States Intelligence Community
United States Intelligence Community Seal.svg

Seal of the United States Intelligence Community
Agency overview
Formed December 4, 1981
Agency executive

The United States Intelligence Community (IC)[1] is a federation of 16 separate United States government agencies that work separately and together to conduct intelligence activities considered necessary for the conduct of foreign relations and national security of the United States. Member organizations of the IC include intelligence agencies, military intelligence, and civilian intelligence and analysis offices within federal executive departments. The IC is headed by the Director of National Intelligence (DNI), who reports to the President of the United States.

Among their varied responsibilities, the members of the Community collect and produce foreign and domestic intelligence, contribute to military planning, and perform espionage. The IC was established by Executive Order 12333, signed on December 4, 1981, by U.S. PresidentRonald Reagan.[2]

The Washington Post reported in 2010 that there were 1,271 government organizations and 1,931 private companies in 10,000 locations in the United States that are working on counterterrorism, homeland security, and intelligence, and that the intelligence community as a whole includes 854,000 people holding top-secret clearances.[3] According to a 2008 study by the Office of the Director of National Intelligence, private contractors make up 29% of the workforce in the U.S. intelligence community and account for 49% of their personnel budgets.[4]

Etymology

The term “Intelligence Community” was first used during Lt. Gen. Walter Bedell Smith‘s tenure as Director of Central Intelligence (1950–1953).[5]

History

Intelligence is information that agencies collect, analyze, and distribute in response to government leaders’ questions and requirements. Intelligence is a broad term that entails:

Collection, analysis, and production of sensitive information to support national security leaders, including policymakers, military commanders, and Members of Congress. Safeguarding these processes and this information through counterintelligence activities. Execution of covert operations approved by the President. The IC strives to provide valuable insight on important issues by gathering raw intelligence, analyzing that data in context, and producing timely and relevant products for customers at all levels of national security—from the war-fighter on the ground to the President in Washington.[6]

Executive Order 12333 charged the IC with six primary objectives:[7]

  • Collection of information needed by the President, the National Security Council, the Secretary of State, the Secretary of Defense, and other executive branch officials for the performance of their duties and responsibilities;
  • Production and dissemination of intelligence;
  • Collection of information concerning, and the conduct of activities to protect against, intelligence activities directed against the U.S., international terrorist and/or narcotics activities, and other hostile activities directed against the U.S. by foreign powers, organizations, persons and their agents;
  • Special activities (defined as activities conducted in support of U.S. foreign policy objectives abroad which are planned and executed so that the “role of the United States Government is not apparent or acknowledged publicly”, and functions in support of such activities, but which are not intended to influence United States political processes, public opinion, policies, or media and do not include diplomatic activities or the collection and production of intelligence or related support functions);
  • Administrative and support activities within the United States and abroad necessary for the performance of authorized activities and
  • Such other intelligence activities as the President may direct from time to time.

Organization

Members

The IC is headed by the Director of National Intelligence (DNI), whose statutory leadership is exercised through the Office of the Director of National Intelligence (ODNI). The 16 members of the IC are:[8]

The official seals of U.S. Intelligence Community members.

Agency/Office Parent Agency Federal Department Date est.
Defense Intelligence Agency none Defense 1961
National Geospatial-Intelligence Agency none Defense 1996
National Reconnaissance Office none Defense 1961
National Security Agency none Defense 1952
Military Intelligence Corps United States Army Defense 1863
Office of Naval Intelligence United States Navy Defense 1882
Twenty-Fifth Air Force United States Air Force Defense 1948
Marine Corps Intelligence United States Marine Corps Defense 1939
Coast Guard Intelligence United States Coast Guard Homeland Security 1915
Office of Intelligence and Analysis none Homeland Security 2007
Central Intelligence Agency none Independent agency 1947
Bureau of Intelligence and Research none State 1945
Office of Terrorism and Financial Intelligence none Treasury 2004
Office of National Security Intelligence Drug Enforcement Administration Justice 2006
Intelligence Branch Federal Bureau of Investigation Justice 2005
Office of Intelligence and Counterintelligence none Energy 1977

Programs

The IC performs under two separate programs:

  • The National Intelligence Program (NIP), formerly known as the National Foreign Intelligence Program as defined by the National Security Act of 1947 (as amended), “refers to all programs, projects, and activities of the intelligence community, as well as any other programs of the intelligence community designated jointly by the Director of National Intelligence (DNI) and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces”. Under the law, the DNI is responsible for directing and overseeing the NIP, though the ability to do so is limited (see the Organization structure and leadership section).
  • The Military Intelligence Program (MIP) refers to the programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces. The MIP is directed and controlled by the Under Secretary of Defense for Intelligence. In 2005 the Department of Defense combined the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities program to form the MIP.

Since the definitions of the NIP and MIP overlap when they address military intelligence, assignment of intelligence activities to the NIP and MIP sometimes proves problematic.

Organizational structure and leadership

IC Circle.jpg

The overall organization of the IC is primarily governed by the National Security Act of 1947 (as amended) and Executive Order12333. The statutory organizational relationships were substantially revised with the 2004 Intelligence Reform and Terrorism Prevention Act (IRTPA) amendments to the 1947 National Security Act.

Though the IC characterizes itself as a federation of its member elements, its overall structure is better characterized as a confederation due to its lack of a well-defined, unified leadership and governance structure. Prior to 2004, the Director of Central Intelligence (DCI) was the head of the IC, in addition to being the director of the CIA. A major criticism of this arrangement was that the DCI had little or no actual authority over the budgetary authorities of the other IC agencies and therefore had limited influence over their operations.

Following the passage of IRTPA in 2004, the head of the IC is the Director of National Intelligence (DNI). The DNI exerts leadership of the IC primarily through statutory authorities under which he or she:

  • controls the “National Intelligence Program” budget;
  • establishes objectives, priorities, and guidance for the IC; and
  • manages and directs the tasking of, collection, analysis, production, and dissemination of national intelligence by elements of the IC.

However, the DNI has no authority to direct and control any element of the IC except his own staff—the Office of the DNI—neither does the DNI have the authority to hire or fire personnel in the IC except those on his own staff. The member elements in the executive branch are directed and controlled by their respective department heads, all cabinet-level officials reporting to the President. By law, only the Director of the Central Intelligence Agency reports to the DNI.

In light of major intelligence failures in recent years that called into question how well Intelligence Community ensures U.S. national security, particularly those identified by the 9/11 Commission (National Commission on Terrorist Attacks Upon the United States), and the “WMD Commission” (Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction), the authorities and powers of the DNI and the overall organizational structure of the IC have become subject of intense debate in the United States.

Interagency cooperation

Previously, interagency cooperation and the flow of information among the member agencies was hindered by policies that sought to limit the pooling of information out of privacy and security concerns. Attempts to modernize and facilitate interagency cooperation within the IC include technological, structural, procedural, and cultural dimensions. Examples include the Intellipediawiki of encyclopedic security-related information; the creation of the Office of the Director of National Intelligence, National Intelligence Centers, Program Manager Information Sharing Environment, and Information Sharing Council; legal and policy frameworks set by the Intelligence Reform and Terrorism Prevention Act of 2004, information sharing Executive Orders 13354 and Executive Order 13388, and the 2005