U.S. Negotiations with Islamic Republic of Iran

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

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Pronk Pops Show 939,  August 2, 2017

Pronk Pops Show 938,  August 1, 2017

Pronk Pops Show 937,  July 31, 2017

Pronk Pops Show 936,  July 27, 2017

Pronk Pops Show 935,  July 26, 2017

Pronk Pops Show 934,  July 25, 2017

Pronk Pops Show 934,  July 25, 2017

Pronk Pops Show 933,  July 24, 2017

Pronk Pops Show 932,  July 20, 2017

Pronk Pops Show 931,  July 19, 2017

Pronk Pops Show 930,  July 18, 2017

Pronk Pops Show 929,  July 17, 2017

Pronk Pops Show 928,  July 13, 2017

Pronk Pops Show 927,  July 12, 2017

Pronk Pops Show 926,  July 11, 2017

Pronk Pops Show 925,  July 10, 2017

Pronk Pops Show 924,  July 6, 2017

Pronk Pops Show 923,  July 5, 2017

Pronk Pops Show 922,  July 3, 2017 

Pronk Pops Show 921,  June 29, 2017

Pronk Pops Show 920,  June 28, 2017

Pronk Pops Show 919,  June 27, 2017

Pronk Pops Show 918,  June 26, 2017 

Pronk Pops Show 917,  June 22, 2017

Pronk Pops Show 916,  June 21, 2017

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

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Image result for RAISE ACT immigration

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

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

President Trump signs Russian sanctions bill Fox News Video

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

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

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

Trump Signs Sanctions Bill – Another Deep State Victory

Real Bipartisanship: Republicans And Democrats Unite For New Cold War

Germany growing sick of US sanctions on Russia

Russians See Sanctions Regime as a Blessing in Disguise

Trump signs Russia sanctions bill but blasts Congress

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

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

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

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

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

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

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

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

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

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

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

The statements drew mixed reaction on Capitol Hill.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Trump announces new immigration policy

Published on Aug 2, 2017

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

 

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

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

 

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

Senator Tom Cotton, Immigration Reform, and the RAISE Act

Senators David Perdue and Tom Cotton RAISE Act Press Conference

Immigration by the Numbers — Off the Charts

Sen.Barbara Jordan Legal Immigration Recommendations

2015 Barbara Jordan TV ad

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

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

Milton Friedman – Illegal Immigration – PT 1

Milton Friedman – Illegal Immigration – PT 2

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

Obama’s Amnesty & How Illegal Immigration Affects Us

The Impact of Immigration on Jobs and Income

 

Trump, GOP senators unveil measure to cut legal immigration

Trump, GOP senators unveil measure to cut legal immigration

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

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

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

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

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

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

About 1 million immigrants receive green cards per year.

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

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

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

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

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

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

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

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

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

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

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

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

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

Sen. Cotton Officially Introduces RAISE Act

PUBLISHED:

Thu, FEB 16th 2017 @ 9:40am EST

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

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

The RAISE Act would:

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

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

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

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

 

 

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

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

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FISA: 702 Collection

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

How the Senate hearing on surveillance turned into a Russia hearing

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

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

Heinrich Questions Top Intelligence Officials In Senate Intel Committee Hearing

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

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

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

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

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

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

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

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

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

Rand Paul on Obama Illegally Spying on Americans | NSA Wiretapping

Section 702 of the FISA Amendments Act

FISA Hearing – Sec 702 Intel Surveillance – IMPORTANT

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

Bill Binney explodes the Russia witchhunt

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

NSA Whistleblower Bill Binney on Tucker Carlson 03.24.2017

NSA Whistleblower Bill Binney On 9/11

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

NSA Whistleblower William Binney: The Future of FREEDOM

State of Surveillance: Police, Privacy and Technology

The Fourth Amendment Explained: US Government Review

Why We’re Losing Liberty

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

Rand Paul Shames Homeland Security on Spying on Americans

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

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CHUCK ROSS
Reporter

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

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

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

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

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

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

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

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

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

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

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

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

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

MAY 7, 2014

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

FISA Authority and Blanket Surveillance: A Gatekeeper Without Opposition

Vol. 40 No. 3

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

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

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

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

 

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

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

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

 

The History of FISA

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

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

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

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

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

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

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

 

Purposes of FISA

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

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

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

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

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

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

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

The Protect America Act of 2007

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

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

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

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

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

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

 

Time to Address Problems

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

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

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

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

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

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

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

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

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

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

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

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

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

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

July 18, 2014

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

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

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

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

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

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

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

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

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

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

“Incidental collection” might need its own power plant.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A Primer on Executive Order 12333: The Mass Surveillance Starlet

JUNE 2, 2014

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

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

Executive Order 12333

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

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

The Information Collected

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

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

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

Uses of Executive Order 12333

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

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

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

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

May 13, 2016 21 min read Download Report

Authors:Paul Rosenzweig, Charles Stimson andDavid Shedd

Select a Section 1/0

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

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

Section 702 Explained

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

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

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

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

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

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

The Incidental Collection Issue

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

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

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

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

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

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

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

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

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

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

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

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

The Effectiveness of Section 702

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

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

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

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

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

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

Section 702 Criticisms v. Facts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 702: Constitutional and Lawful

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

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

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

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

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

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

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

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

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

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

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

Section 702: Continuing Improvements

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

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

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

Conclusions

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

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

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

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

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

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

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

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

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

JUNE 06, 2017 5:27 PM

Republicans worried about leaks consider cutting back surveillance authority

 

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The Pronk Pops Show 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

President Trump receives Saudi royal welcome

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Trump arrives in Riyadh, Saudi Arabia, for his first foreign trip as president

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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)

President Trump and President Rivilin Joint Statements: Jerusalem

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

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Video Footage of Mr. and Mrs. Trump in Israel

President Trump in Israel with Sebastian Gorka Commentary

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

President Trump Arrives in Jerusalem as part of his Foreign Trip

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

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

Trump visits Jerusalem’s Church of the Holy Sepulchre

Isreal raises concerns about U.S. Saudi arms deal

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

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

Image result for explosion manchester arena

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

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

 

 

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

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

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

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

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

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

‘Suddenly everybody started screaming and running for the exit.

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The Pronk Pops Show 878, April 21, 2017, Story 1: French Confirm Killing of Police Officer By Radical Islamic Terrorist Killer, Karim Cheurfi, Connected To Islamic State, — Videos — Story 2: Will Marine Le Pen Win In The First Round of French Presidential Election? First Round –Yes — — Making France Great Again — Second Round –Marine Le Pen May Be First Woman President or Emmannuel Marcon The Youngest — Videos — Story 3: Trump Administration Rolls Out New Tax Reform Plan and House Votes On Repeal and Replace Compromise Bill — By Day 100 — American People Want The FairTax And Full Repeal of Obamacare and Republican Establishment Wants Partial Repeal of Obamacare and Border Adjustment Tax — Stupid Party? — Videos — Story 4: Democrats Want To Shut-down Government Over Trump’s Wall — Republicans Pass Continuing Resolution — Videos

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Masked police officers were photographed standing on top of a vehicle on the Champs Elysees following an incident which left one officer deadEmmanuel Macron and Marine Le Pen.Image result for trump omb director mike mulveney

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Story 1: French Confirm Killing of Police Officer By Radical Islamic Terrorist Killer, Karim Cheurfi, Connected To Islamic State,  — Videos — 

ISIS Reportedly Claims Responsibility For Paris Attack That Left 1 Officer Dead | TODAY

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Raw: Memorial For Officer Killed In Paris Shooting

Geert Wilders message for Europe

Revealed: ISIS terrorist who shot dead cop in Paris attack was arrested TWO MONTHS ago for threatening to kill police and served 15 years for trying to murder two officers

  • Policeman Xavier Jugele, 37, was killed last night after being ‘targeted’ on the Champs Elysees in central Paris
  • The attacker was eventually shot dead after French police officers rushed to the scene in the heart of the city
  • The gunman’s Audi contained a pump action shotgun, knives and ID of known ‘extremist’ Karim Cheurfi 
  • Two other police officers were ‘seriously injured’ and a ‘female foreign tourist’ was wounded in the incident
  • A note declaring allegiance to ISIS was discovered on the Champs Elysees and is being investigated by police 

French security services are today facing troubling questions as to how they failed to prevent an ISIS gunman from slaughtering one policeman and wounding two other officers in Paris when he was arrested as recently as February.

Karim Cheurfi, 39, had served 15 years of a 20-year jail sentence for attempting to kill two officers in 2001, before his release last year.

In February, the terrorist tried to obtain weapons and made threats to kill police officers, but was let go in early March due to lack of evidence.

On Thursday night, the fanatic was killed by police after he got out of his Audi and opened fire at police who had stopped at a red light on Champs Elysees. His car was packed with more weapons, including a pump action shotgun and knives. A copy of the Koran was also found in the vehicle.

Traffic officer Xavier Jugele, 37, died instantly with a shot to the head, while the other two were hurt before Cheurfi himself was gunned down by nearby armed police. A ricocheting bullet fired by the terrorist also wounded a female foreign tourist passing by.

ISIS has claimed responsibility for the attack and nicknamed the attacker ‘Abu Yousuf al-Belgiki’, which translates to ‘the Belgian’ in Arabic – a name which was listed in uncovered documents from the terror group last year.

A note declaring allegiance to ISIS was discovered on the Champs Elysees and is being investigated by police. Its presence and the speed at which ISIS claimed responsibility may suggest the attack was directed by the jihadist group rather than carried out by a lone supporter.

Karim Cheurfi

Pictured is the suspected ISIS gunman, who has been identified locally as 39-year-old father Karim Cheurfi

Pictured (left and right) is the suspected ISIS gunman, who has been identified locally as 39-year-old Karim Cheurfi

The alleged ISIS gunman, identified as 39-year-old Karim Cheurfi - who was jailed for 20 years for trying to kill officers in 2001 - parked his Audi and opened fire after police stopped at a red light on the world famous avenue. Pictured is his arrest warrant from last month, when he was detained for trying to obtain weapons 'to kill police'

The alleged ISIS gunman, identified as 39-year-old Karim Cheurfi – who was jailed for 20 years for trying to kill officers in 2001 – parked his Audi and opened fire after police stopped at a red light on the world famous avenue. Pictured is his arrest warrant from last month, when he was detained for trying to obtain weapons ‘to kill police’

Traffic officer Xavier Jugele (pictured), 37, died instantly with a shot to the head, while the other two were hurt before Cheurfi himself was gunned down by nearby armed police

Traffic officer Xavier Jugele (pictured), 37, died instantly with a shot to the head, while the other two were hurt before Cheurfi himself was gunned down by nearby armed police

Pictured is armed police crowded two other officers, believed to have been shot in the attack, on Champs Elysees on Thursday night

Pictured is armed police crowded two other officers, believed to have been shot in the attack, on Champs Elysees on Thursday night

French police leave the home of ISIS gunman Karim Cheurfi in the suburb of Chelles, in Paris, following last night's attack

French police leave the home of ISIS gunman Karim Cheurfi in the suburb of Chelles, in Paris, following last night’s attack

A woman places a flower near the spot on the Champs Elysees where the shooting occurred last night in the French capital

A woman places a flower near the spot on the Champs Elysees where the shooting occurred last night in the French capital

A body is removed from the scene after a traffic officer was killed by an ISIS gunman in central Paris last night

A body is removed from the scene after a traffic officer was killed by an ISIS gunman in central Paris last night

French police officers and forensic teams searched a vehicle which was close to the scene on the Champs Elysees in Paris

French police officers and forensic teams searched a vehicle which was close to the scene on the Champs Elysees in Paris

A police lorry seized the Audi which the attacker was driving, before he got out and shot at traffic officers last night

A police lorry seized the Audi which the attacker was driving, before he got out and shot at traffic officers last night

A still image from video footage shows police forensic investigators inspect the car used by the attacker in Paris last night

A still image from video footage shows police forensic investigators inspect the car used by the attacker in Paris last night

In the latest developments after the attack:

  • French police have this morning arrested three family members of ISIS gunman Karim Cheurfi 
  • Police are hunting a second suspect, who was brought to their attention by Belgian authorities 
  • A man whose image appeared on social media as ‘second suspect’ handed himself to police in Antwerp claiming he was not linked to the plot. Detectives have said this man had nothing to do with the attack 
  • Far-right presidential candidate Marine Le Pen called for all French terror suspects to be expelled
  • France’s government has reviewed its already extensive election security measures and says it is ‘fully mobilised’ and nothing will stop Sunday’s presidential vote
  • US President Donald Trump believes the attack will have a ‘big effect’ on the outcome of the election 
  • British Prime Minister Theresa May has sent condolences to the French president following the latest attack but the pair have not spoken directly since last night 
  • Iran’s foreign secretary Bahram Ghasemi said France was feeling a blowback for its support of rebels in Syria 

French officials revealed that Cheurfi was detained in Meaux, 24 miles east of Paris, on February 23 this year, after it emerged he was trying to buy weapons ‘to kill police’.

On Friday night, but prosecutors tonight denied that he was on a security watch list and added the terrorist showed no signs of radicalisation before the attack.

He reportedly used the alias ‘Abu Yousuf the Belgian’ and reportedly made threats to murder officers using the social media app Telegram, an instant messaging service.

Despite having a long list of police-hating convictions, he was able to obtain a Kalashnikov, a pump action shotgun and several knives ahead of last night’s attack.

He had been jailed for 20 years in 2005 for trying to kill two policemen.  He opened fire five times with a .38 revolver following a car chase in 2001, leaving the officers and a third victim wounded. All three survived the attack in Roissy-en-Brie, in the Seine-et-Marne department of northern France.

An armed police officer hoists his weapon as they storm the streets of Paris after the latest terror attack to hit the city

An armed police officer hoists his weapon as they storm the streets of Paris after the latest terror attack to hit the city

Armed police outside a shop in central Paris after an ISIS gunman killed a traffic officer and injured three other people

Armed police outside a shop in central Paris after an ISIS gunman killed a traffic officer and injured three other people

Armed police officers on the streets of Paris after a gunman killed a traffic cop and seriously injured two others last night

Armed police officers on the streets of Paris after a gunman killed a traffic cop and seriously injured two others last night

Armed police officers stood guard after they rushed to the scene in the centre of the capital following the incident which left frightened witnesses sprinting for their lives 

Armed police officers stood guard after they rushed to the scene in the centre of the capital following the incident which left frightened witnesses sprinting for their lives

A team of forensic detectives examine the Audi, which the gunman was driving. ID of Karim Cheurfi was found in the vehicle

A team of forensic detectives examine the Audi, which the gunman was driving. ID of Karim Cheurfi was found in the vehicle

Cheurfi, who was born in France, was a recluse who blamed police for ruining his life, a friend of the family revealed today.

OFFICER SHOT DEAD GUARDED BATACLAN AT ITS REOPENING

By Sam Tonkin for MailOnline 

The policeman killed by an ISIS gunman on the Champs-Elysees was today named as Xavier Jugelé, a 37-year-old Paris officer who defiantly said ‘no to terrorists’ at the reopening of the Bataclan theatre last November.

He was shot in the head when the terrorist – identified today as French national Karim Cheurfi, 39 – launched his attack on three police officers at around 9pm last night.

Jugelé, who was a proud defender of gay rights, was named as the victim who died by French newspaper Le Parisien.

It has since emerged that Jugelé was on duty at the reopening of the Bataclan theatre on November last year - a year on from the Paris attacks which left 130 dead.
Jugelé

It has since emerged that Jugelé (pictured left and right) was on duty at the reopening of the Bataclan theatre on November last year – a year on from the Paris attacks which left 130 dead

It has since emerged that Jugelé was on duty at the reopening of the Bataclan theatre on November last year – a year on from the Paris attacks which left 130 dead.

As British singer Sting marked the occasion with a performance at the concert hall, Jugelé defiantly told PEOPLE.com that he was there ‘to say no to terrorists’.

The policeman added: ‘I’m happy to be here. Glad the Bataclan is reopening. It’s symbolic.

‘We’re here tonight as witnesses. Here to defend our civic values. This concert’s to celebrate life. To say no to terrorists.

‘It doesn’t feel strange, it feels important,’ he added. ‘Symbolic.’

He did not attend formal mosque prayer services and became fascinated by jihadist propaganda via the internet, a confident of his mother claimed.

‘Karim did not pray, he drank alcohol and watched jihadist propaganda,’ neighbour Hakim, 50, told MailOnline.

‘He was not a good Muslim, he was a lost soul. He had no friends, no girlfriend, he never went out. He stayed at home all day watching stuff on the internet.’

Another neighbour added: ‘Karim didn’t go to the mosque. He just stayed at home. You never saw him.’

Hakim continued: ‘Karim blamed the police for ruining his life. He fired (a pistol) at police during a burglary and got sentenced to 15 years prison.

‘He was only 20 at the time. He hated the police, he said they had ruined his life. He was ‘anti-cop’. He would swear at officers in the street, call them bastards. He didn’t care.’

Hakim, whose family is close to Cheurfi’s mother, said the gunman had only recently returned to the quiet residential street after spending years behind bars.

Cheurfi lived separately from his mother in a purpose-built apartment in the front of the property.

Hakim added: ‘He lived in the studio in the garden. The mother lived in the big house.’

Cheurfi’s Algerian-born mother had divorced his father and had married a Frenchman with who she had second son. She later divorced her second son.

Another neighbour said: ‘His parents split up but they stayed living at the same property.

‘The father Salat lived in the apartment in the front of the garden and the mother lived in the house at the back of the property.

‘The mother married again, to a Frenchman, and they had a son together but the father stayed living at the property.

‘So it was a bit complicated but that’s life. Karim got on well with his half brother who is called Stephane.

‘But he went to live in the apartment with his father when he got of prison.’

Another neighbor added: ‘The mother is not here. She is in Algeria. She goes there every few months to visit relatives. She’s not been well.’

Officers have been searching the home of Karim in east Paris and arrested three of his family members.

A French government spokesman said the ISIS gunman began firing against police using ‘a weapon of war’.

The fatal incident unfolded as presidential candidates, including National Front party leader Marine Le Pen, debated on a TV show nearby before Sunday’s election.

Paris police search the suspected Champs-Elysee attacker’s house

A French police officer has been shot dead on the Champs Elysees in Paris (pictured) - just days before the French presidential election 

A French police officer has been shot dead on the Champs Elysees in Paris (pictured) – just days before the French presidential election

People held their hands up as they walked towards officers close to the scene where a policeman was fatally shot in Paris

People held their hands up as they walked towards officers close to the scene where a policeman was fatally shot in Paris

Police closed off the popular avenue (pictured) after a policeman was killed during a shooting incident in the French capital

Police closed off the popular avenue (pictured) after a policeman was killed during a shooting incident in the French capital

Pictured is the scene of a restaurant in Paris when the gunman opened fire on the streets outside. Diners are seen cowering on the ground in fear

Pictured is the scene of a restaurant in Paris when the gunman opened fire on the streets outside. Diners are seen cowering on the ground in fear

An armed policeman speaks to diners in a nearby Parisien restuarant, who cowered to the floor in fear of the ISIS gunman

An armed policeman speaks to diners in a nearby Parisien restuarant, who cowered to the floor in fear of the ISIS gunman

The gunman has been identified by police but they will not officially reveal his name until investigators determine whether he had accomplices, according to the Paris prosecutor.

Prosecutor Francois Molins said: ‘The identity of the attacker is known and has been checked. I will not give it because investigations with raids are ongoing.

‘The investigators want to be sure whether he had or did not have accomplices.’

The Interior Ministry spokesman said the officers were deliberately targeted and the police union added that the policeman was killed while sat in a car at a red light.

US President Donald Trump said: ‘It looks like another terrorist attack. What can you say? It never ends.’

The attack which took place on the Champs Elysees (pictured) comes just three days before the first round of balloting in France's tense presidential election

The attack which took place on the Champs Elysees (pictured) comes just three days before the first round of balloting in France’s tense presidential election

A French police officer stood guard on the Champs Elysees in central Paris following the fatal shooting, which has been described as 'terrorist related' 

A French police officer stood guard on the Champs Elysees in central Paris following the fatal shooting, which has been described as ‘terrorist related’

Police officers secured the area after a gunman got of an Audi vehicle and targeted officers by firing an automatic gun towards them 

Police officers secured the area after a gunman got of an Audi vehicle and targeted officers by firing an automatic gun towards them

A man and a woman put their hands in the air as armed officers stood just yards away from them following the incident in the city 

A man and a woman put their hands in the air as armed officers stood just yards away from them following the incident in the city

Officers searched the home of the suspected gunman on Thursday evening after they travelled to his home in the east part of the capital 

Officers searched the home of the suspected gunman on Thursday evening after they travelled to his home in the east part of the capital

People were seen running away from the area after Thursday night's attack, which has been described as being 'terrorist related'

People were seen running away from the area after Thursday night’s attack, which has been described as being ‘terrorist related’

Police officers searched the home of the suspected gunman in east Paris following the attack in the capital on Thursday 

Police officers searched the home of the suspected gunman in east Paris following the attack in the capital on Thursday

The Audi which is believed to belong to the attacker was taken away from the scene on the back of a lorry as police rushed to the popular avenue 

The Audi which is believed to belong to the attacker was taken away from the scene on the back of a lorry as police rushed to the popular avenue

Forensic experts and police officers were seen examining evidence from a van on the Champs Elysees in central Paris 

Forensic experts and police officers were seen examining evidence from a van on the Champs Elysees in central Paris

ISIS claimed responsibility for the attack and dramatic video footage showed the immediate aftermath of the incident which left one policeman dead.

Pierre-Henry Brandet, spokesman for the French Interior Ministry, confirmed that both injured officers in hospital were now ‘out of danger’ and ‘stable’, while the female tourist was far less badly hurt.

Mr Brandet did not name any of the victims, but praised the officers for ‘helping to avoid a bloodbath’ by ‘neutralising’ the attacker as quickly as possible.

French President Francois Hollande said the attack was ‘terrorist related’ and scheduled an emergency meeting following the shootings on Thursday evening.

Mr Hollande said a national tribute will be paid to the policeman and added that a ‘passerby was hit’ before the ‘assailant was neutralised’.

Conservative contender Francois Fillon, who has campaigned against ‘Islamic totalitarianism,’ said on France 2 television that he was canceling his planned campaign stops Friday.

Far-right candidate Le Pen, who campaigns against immigration and Islamic fundamentalism, took to Twitter to offer her sympathy for law enforcement officers ‘once again targeted.’

She canceled a minor campaign stop, but scheduled another.

Centrist candidate Emmanuel Macron offered his thoughts to the family of the dead officer.

Socialist Benoit Hamon tweeted his ‘full support’ to police against terrorism.

Le Pen and Francois Fillon announced that they have both cancelled their campaigning on Friday.

Paris gunman’s neighbour speaks out as police raid suspect’s home

French presidential election candidate Jean-Luc Melenchon (pictured) took part in the TV show just days before the election 

French presidential election candidate Jean-Luc Melenchon (pictured) took part in the TV show just days before the election

French presidential candidates, including National Front party leader Marine Le Pen (pictured), took part in a key debate

French presidential candidates, including National Front party leader Marine Le Pen (pictured), took part in a key debate

Mr Brandet said ‘all lines of investigation were being pursued’, while intelligence sources said the dead assailant was a known radical on a so-called S-file, for ‘State-security’.

This means he would have been under surveillance, because he was a known risk to the country.

An eyewitness, called Chelloug, said: ‘It was a terrorist. He came out with a Kalashnikov and started shooting, but he could’ve shot us on the pavement and killed more people with a spray of shots.

‘But he targeted the policemen and fortunately there were the policemen who killed him.’

Another witness said: ‘I saw someone shoot at the police officers. They returned fire, they killed him, he fell on the floor. And then the emergency services came.

‘It took place by Zara and there was a CRS (Republican Security Companies) van parked up and the man shot the police officers. He took out a weapon and shot them.

‘I think the police officer was killed on the spot and his colleagues fired back and killed the individual.’

The attack comes just three days before the first round of balloting in France’s tense presidential election.

A witness, identified only as Ines, told BFM that she heard a shooting, saw a man’s body on the ground and the area was quickly evacuated by police.

It comes just two days after police arrested two men in southern Marseille with weapons and explosives who were suspected of preparing an attack to disrupt the first-round of the presidential election on Sunday.

France is in a state of emergency and at its highest possible level of alert since a string of terror attacks that began in 2015, which have killed over 230 people.

Thousands of troops and armed police have been deployed to guard tourist hotspots such as the Champs Elysees or other potential targets like government buildings and religious sites.

Police officers quickly secured the area - which is popular with tourists and Parisians - after the attack and the road was on lockdown by 9pm 

Police officers quickly secured the area – which is popular with tourists and Parisians – after the attack and the road was on lockdown by 9pm

Police search the car reportedly used in Paris attack

Police officers took positions near the Champs Elysees avenue in Paris after the gunman - who was known to the security services - launched the attack 

Police officers took positions near the Champs Elysees avenue in Paris after the gunman – who was known to the security services – launched the attack

An armed soldier spoke to a man a told him to leave the area following the fatal shooting close to the Arc de Triomphe (pictured) 

An armed soldier spoke to a man a told him to leave the area following the fatal shooting close to the Arc de Triomphe (pictured)

French soldiers secure the Champs Elysees Avenue after a police officer was killed when a gunman opened fire in Paris

French soldiers secure the Champs Elysees Avenue after a police officer was killed when a gunman opened fire in Paris

French police officers searched the area after some of their colleagues were shot in the heart of Paris on Thursday evening

French police officers searched the area after some of their colleagues were shot in the heart of Paris on Thursday evening

French President Francois Hollande (pictured) said the attack was 'terrorist related' and scheduled an emergency meeting following the shootings

French President Francois Hollande (pictured) said the attack was ‘terrorist related’ and scheduled an emergency meeting following the shootings

‘Stay back, stay back!’ Police warn after shooting in Paris

LE PEN ACCUSED OF ‘EXPLOITING’ ATTACK FOR VOTES

By Thomas Burrows for MailOnline 

French Prime Minister Bernard Cazeneuve has accused far-right candidate Marine Le Pen of ‘exploiting’ the Champs-Elysees terror attack to win votes ahead of Sunday’s presidential election.

In the wake of the shooting Le Pen called for foreign terror suspects to be expelled immediately and claimed France needed a ‘presidency which acts and protects us.’

Responding to that, Cazeneuve, a Socialist, said Le Pen’s National Front (FN) ‘after each attack, seeks to exploit it and use it for purely political means.’

Experts believe the shooting last night could boost Le Pen’s chances of getting elected just days before France goes to the polls.

Le Pen today called for foreign terror suspects to be kicked out the country despite the fact the ISIS gunman was French

Le Pen today called for foreign terror suspects to be kicked out the country despite the fact the ISIS gunman was French

Voters could flock to far-right candidate Marine Le Pen following the latest terror attack

Voters could flock to far-right candidate Marine Le Pen following the latest terror attack

In last night’s attack a police officer was killed and two more were injured after a gunman opened fire close to the Champs-Elysees.

Le Pen today called for foreign terror suspects to be kicked out the country despite the fact the ISIS gunman was French. The 39-year-old had used the war name ‘Abu Yousuf the Belgian’.

Officials confirmed the homegrown fanatic was a French national despite his nickname.

A manhunt is underway for the second suspect who travelled by train to France from Belgium.

The Champs-Elysees terror attack could boost far-right candidate Marine Le Pen's chances of getting elected, experts believe

The Champs-Elysees terror attack could boost far-right candidate Marine Le Pen’s chances of getting elected, experts believe

The shooting took place just four days before the French election and experts believe it could bolster Le Pen’s chances of being elected.

Le Pen has made immigration and security the core part of her campaign. She has pledged to tighten French borders controls and build more jails, and claimed authorities were not doing enough to protect citizens from terror attacks.

More than half of police officers in France had already said they were voting for Le Pen because of her strong anti-terror stance, according to an IFOP poll.

Experts believe it could increase her chances of winning Sunday’s election.

Fredrik Erixon, director at the European Centre for International Political Economy, told CNBC: ‘[It could lead to] a greater performance of Marine Le Pen than otherwise would have been the case.

‘It’s difficult to see how this attack will not play into the hands of political forces that want this campaign to be focused only on issues around migration and terrorism.’

Vishnu Varathan, senior economist at Mizuho Bank, added: ‘The Paris gunman attack may well swing support in her favor; and this may not be picked up by the polls in a timely manner.’

Armed police officers were quick on the scene and closed the world famous avenue following the incident which shocked the city

Armed police officers were quick on the scene and closed the world famous avenue following the incident which shocked the city

The world famous was shut at around 9pm and it is believed police are still searching for a second suspect in relation to the attack 

The world famous was shut at around 9pm and it is believed police are still searching for a second suspect in relation to the attack

Police officers blocked the access of a street near the Champs Elysees in Paris after the fatal shooting on Thursday, April 20

Police officers blocked the access of a street near the Champs Elysees in Paris after the fatal shooting on Thursday, April 20

Officers were wearing vests and helmets as they patrolled the area close to where the fatal shooting took. A 39-year-old man is believed to be responsible for the shooting 

Officers were wearing vests and helmets as they patrolled the area close to where the fatal shooting took. A 39-year-old man is believed to be responsible for the shooting

The world famous street was put on lockdown by 9pm and officers guarded the area in central Paris (pictured, the Eiffel Tower in the background) 

The world famous street was put on lockdown by 9pm and officers guarded the area in central Paris (pictured, the Eiffel Tower in the background)

A policeman attended the scene and was armed with a gun following the incident. Police have reportedly issued a warrant for a second attacker

A policeman attended the scene and was armed with a gun following the incident. Police have reportedly issued a warrant for a second attacker

Up until now, polls showed voters more concerned about unemployment and their spending power than terrorism or security, though analysts warned this would change in the event of further bloodshed.

For weeks, centrist former banker Le Pen has been out in front but opinion polls now show there is a chance that any of the four leading candidates could reach the second-round runoff on May 7.

Scandal-plagued conservative Fillon and far-left firebrand Jean-Luc Melenchon have closed the gap substantially in the last two weeks.

A COUNTRY UNDER SIEGE: TIMELINE OF FRANCE TERROR

By Rory Tingle for MailOnline 

March, 18, 2017 – Convicted criminal with links to radical Islam shouted ‘I am here to die for Allah, there will be deaths’ seconds before he was shot dead during an attack at Orly airport. The 39-year-old, named locally as career criminal Ziyed Ben Belgacem, was killed after wrestling a soldier’s gun from her and fleeing into a McDonald’s. He sent a text message to his brother and father stating ‘I shot the police’, shortly before he was killed.

February 3, 2017 – A man is shot five times outside the Louvre museum in the heart of Paris after attempting to storm the historic art gallery.

July 14, 2016 – Amid Bastille Day celebrations in the Riviera city of Nice, a large truck is driven into a festive crowd. Some 86 people from a wide variety of countries are killed. The driver is shot dead. Islamic State extremists claim responsibility for the attack. The state of emergency in France is extended and extra protection, including robust barriers to prevent similar attacks, is put in place at major sites in France.

June 13, 2016 – Two French police officers are murdered in their home in front of their 3-year-old son. Islamic State claims responsibility for the slaying, which was carried out by a jihadist with a prior terrorist conviction. He is killed by police on the scene.

Nov. 13, 2015 – Islamic State militants kill 130 people in France’s worst atrocity since World War II. A series of suicide bomb and shooting attacks are launched on crowded sites in central Paris, as well as the northern suburb of Saint-Denis. Most of those killed are in a crowded theater where hostages are taken. Islamic State extremists claim responsibility and say it was in retaliation for French participation in airstrikes on the militant group’s positions in Syria and Iraq. It leads to the declaration of a state of emergency in France. Police powers are expanded.

Jan. 7, 2015 – Two brothers kill 11 people inside the Paris building where the satirical magazine Charlie Hebdo is headquartered in what Islamic State extremists claim is retaliation for the publication of cartoons about the Prophet Muhammad. More are killed subsequently in attacks on a kosher market in eastern Paris and on police. There are 17 victims in all, including two police officers. The attackers are killed.

The UK Foreign Office said: ‘The British Embassy is in contact with local authorities and urgently seeking further information following reports of a shooting incident on the Champs-Elysees in Paris.

‘You should remain vigilant and follow the advice of the local security authorities and/or your tour operator.

‘If you’re in the area and it is safe to do so, contact your friends and family to tell them you are safe.’

 were photographed standing on top of a vehicle on the Champs Elysees following an incident which left one officer dead

French police officers reacted after the shooting which left one officer dead and two more seriously injured in Paris 

French police officers reacted after the shooting which left one officer dead and two more seriously injured in Paris

French soldiers were armed with guns (pictured) and stood guard at the Arc de Triomphe near the Champs Elysees in Paris

French soldiers were armed with guns (pictured) and stood guard at the Arc de Triomphe near the Champs Elysees in Paris

Heavily armed officers had flooded the area following the gunshots which were heard in a busy part of the French capital 

Heavily armed officers had flooded the area following the gunshots which were heard in a busy part of the French capital

Reports have suggested that two police officers have been killed on the Champs Elysees in central Paris (pictured) this evening

Reports have suggested that two police officers have been killed on the Champs Elysees in central Paris (pictured) this evening

It was originally believed the other officer was seriously wounded while the attacker was killed on the world famous avenue (pictured)

It was originally believed the other officer was seriously wounded while the attacker was killed on the world famous avenue (pictured)

The incident last night comes as France remains in a state of emergency following the Paris attacks in 2015 and the Bastille Day killings in Nice in 2016.

The shooting comes just hours after one of the busiest roads in Paris was closed off by police as officers dealt with a ‘suspicious package’.

Reports suggested that items were discovered by officers as Rue de Rivoli remained shut. Stunned witnesses described seeing a large police presence on the two-mile-long road.

Rue de Rivoli is a busy commercial street just north of the River Seine which is home to some of the most fashionable shops in the world.

CHAMPS-ELYSEES: THE MOST BEAUTIFUL AVENUE IN THE WORLD

By Thomas Burrows for MailOnline 

The Champs-Elysees – the scene of Thursday night’s terror attack – is the beating historic heart of Paris.

It has been described as the ‘most beautiful avenue’ in the world and is visited by millions of tourists every year.

Tens of thousands of people daily throng the tree-lined 1.2 mile avenue that is home to luxury stores and chain stores, cafes, cinemas and high-end offices.

A tourist draw as famed as the Eiffel Tower just across the River Seine, the avenue, stretching from the Arc de Triomphe down to Concorde Square, was first laid out in 1670.

Over the decades people have gathered there to mark momentous moments in French history.

During the French Revolution in 1789 an angry mob set off from the avenue to march on Versailles, Louis XVI’s opulent retreat.

It was also the site chosen by General Charles de Gaulle to celebrate the August 25, 1944, liberation of Paris from the Germans during World War Two.

More recently, hundreds of thousands congregated along the avenue to celebrate France’s 1998 World Cup victory (sealed with a 3-0 win over Brazil) on home soil.

The Champs Elysees is famously the finish line for the world’s toughest cycling race, the Tour de France.

Thursday was not the first time violence has been visited on the avenue.

In 1986, it witnessed two attacks – the first, on February 3, seeing one death and eight injured at the Claridge shopping arcade.

A second attack on March 20 at the Point Show arcade killed two and injured 29. Both attacks were linked to Middle East terrorism.

On Bastille Day in 2002, president Jacques Chirac survived an assassination attempt by a right-wing extremist who fired off one shot from a rifle hidden in a guitar case before bystanders wrestled him to the ground.

http://www.dailymail.co.uk/news/article-4429938/Paris-terror-attack-video-shows-police-shoot-gunman.html#ixzz4evbT4kjq

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“Marine Le Pen will be the next French President” – Christopher Dickey

Dear French People | French Presidential Election 2017

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French presidential candidate Marine Le Pen and Europe’s far-right movement

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Marine Le Pen will not put up with any nonsense from BBC reporter

Marine Le Pen gets poll boost after Paris attack as Donald Trump says her chances of victory have improved

Donald Trump Marine Le Pen

Donald Trump has said the Paris terrorist attack would boost Marine Le Pen’s presidential chances after a last-minute poll gave her a modest increase in support.

The US president said the shooting would “probably help” Ms Le Pen in Sunday’s election, because she is “strongest on borders, and she’s the strongest on what’s been going on in France.”

“Whoever is the toughest on radical Islamic terrorism, and whoever is the toughest at the borders, will do well in the election,” he said.

Marine Le Pen at a campaign rally in Marseille
Marine Le Pen at a campaign rally in Marseille CREDIT: EPA

US presidents typically avoid weighing in on specific candidates running in overseas election. But Mr Trump suggested his opinion was no different from an average observer, saying: “Everybody is making predictions on who is going to win. I’m no different than you.”

Cancelling visits and meetings on Friday, candidates traded blows across the airwaves as it emerged that the Isil-backed gunman had been kept in custody just 24 hours in February despite attempts to procure weapons to murder police.

Xavier Jugelé, 37, a policeman who had been deployed in the 2015 Bataclan attack, was killed in the shooting.

This undated image provided on Friday, April 21, 2017, by FLAG, an association of LGBT police officers, shows French police officer Xavier Jugele
This undated image provided on Friday, April 21, 2017, by FLAG, an association of LGBT police officers, shows French police officer Xavier Jugele CREDIT: FLAG VIA AP

Ms Le Pen, the far-Right candidate, blasted the mainstream “naive” Left and Right for failing to get tough on Islamism, calling for France to instantly reinstate border checks and expel foreigners who are on the watch lists of intelligence services.

François Fillon, the mainstream conservative candidate, pledged an “iron fist” in the fight against “Islamist totalitarianism” – his priority if elected. “We are at war, it’s either us or them,” said the conservative, whose campaign has been weighed down by allegations he gave his British wife a “fake job”.

Meanwhile, Emmanuel Macron, the independent centrist, whom critics dismiss as a soft touch, hit back at claims shutting borders and filling French prisons would solve the problem, saying: “There’s no such thing as zero risk. Anyone who pretends (otherwise) is both irresponsible and deceitful.”

Sticking to his campaign agenda, far-Left candidate Jean-Luc Mélenchon told everyone to keep a “cool head” as he took part in a giant picnic.

A last-minute Odoxa poll taken after the attack suggested that Mr Macron was still on course to come first in Sunday’s first round, with Ms Le Pen just behind and through to the May 7 runoff.

However, Mr Fillon and Mr Mélenchon were still snapping at their heels.

The government on Friday announced elite units would join 50,000 police and troops to guard polling booths on Sunday in France’s first presidential election to be held in a state of emergency.

Matthieu Croissandeau, editor of Nouvel Obs magazine, said the French are now thicker-skinned after two years of bloodshed. “The French are unfortunately getting used to terror attacks on home soil and I don’t think this latest one created the shock and awe that might have made a significant difference,” he said.

Ms Le Pen has struggled to get the campaign to focus on her party’s pet issues of security, Islam and immigration. By contrast, she has been thrown on the defensive over her position to pull out of the eurozone.

After the attack, she called on the “notoriously feeble” socialist, President François Hollande, to instantly reinstate border checks and expel foreigners who are on the watch lists of intelligence services. She said: “We cannot afford to lose this war. But for the past 10 years, Left-wing and Right-wing governments have done everything they can for us to lose it.

“We need a presidency which acts and protects us,” she said from her Paris campaign headquarters. Elected French president, I would immediately, and with no hesitation, carry out the battle plan against Islamist terrorism and against judicial laxity.”

Marine Le Pen reacts to the terror attack in Paris
But Ms Le Pen was not the only one to issue stern pledges. Mr Fillon, who also talks tough on security, said the fight against “Islamist totalitarianism” should be the next president’s priority.

“It will require an unyielding determination and a cool head,” the former prime minister said. “We are at war, there is no alternative, it’s us or them.”

Mr Fillon, though knocked off his initial course towards victory by incessant allegations involving “fake job” payments to his British wife, promised to govern with “an iron fist”.

But the moderate Mr Macron, whom other candidates have portrayed as too inexperienced, took a different tack, warning against any attempts to use the shooting for political gain. “I think we must once and for all have a spirit of responsibility at this extreme time and not give in to panic and not allow it to be exploited, which some might try to do,” he told French radio.

Karim Cheurfi had been detained in February after reports that he had threatened police 
Karim Cheurfi had been detained in February after reports that he had threatened police 

Ms Le Pen’s solutions, he said, were woefully simplistic and “would not protect France”. And he added that to promise a “zero risk” scenario “is both irresponsible and deceitful”.

He also took a swipe at Mr Fillon, saying that intelligence had been depleted on his watch as the prime minister in Nicolas Sarkozy’s presidency.

Meanwhile, Bernard Cazeneuve, the Socialist prime minister, accused Le Pen of “shamelessly seeking to exploit fear and emotion”.

Footage shows moments after suspected terrorist is shot in Paris

00:24

Opinion polls have for months forecast that Le Pen would make it through to the run-off, but then lose in the final vote. Given the margin of error, none of the leading four candidates is a sure bet to reach the final. All hope to woo the third of French voters still undecided.

Previous terror attacks ahead of elections – such as the November 2015 attacks in Paris before regional ballots – did not effect those ballots.

Analyst Who Predicted Trump’s Ascendancy Bets on Le Pen Win

April 21, 2017, 3:41 AM CDT April 21, 2017, 5:42 AM CDT
  • Undecided voters bad news for Macron, says GaveKal’s founder
  • Recommends overweight sterling, large-caps; bond shorts
 How Will Markets React to Elections in France?

Don’t bank on a relief rally in the euro area anytime soon.

Markets are underpricing the prospect of Marine Le Pen emerging victorious in the French election as a sea of undecided voters throws into sharp relief pronounced apathy for center-leftist Emmanuel Macron — the front-runner by a whisker — and the backlash against the European Union project.

That’s the conclusion drawn by Charles Gave, founder of Hong-Kong based asset-allocation consultancy GaveKal Research, who predicted the triumph of Donald Trump in the U.S. election, and is now betting on a win for the anti-euro National Front candidate.

“Le Pen’s momentum is a slow-moving reaction against the men of Davos — as we have seen with Brexit and Trump — but markets don’t want to believe it,” he said by phone before the first round of the French poll on April 23.

Given the prospect of a Le Pen victory, Gave, who has been researching tactical asset allocation for more than 40 years, is advising clients to adopt long positioning in the pound as the U.K. would benefit from haven bids, and shorts on inflation-linked German bonds amid the risk of deflation in the euro area.

Safer Bet

The French economist also recommends bets on the likely outperformance of publicly-listed European multinationals, given their outsize share of income in foreign currencies. In effect, for investors obliged to invest liquidity in euros, Gave says a basket of high-quality stocks is a safer bet than euro-denominated government bonds.

“The market is talking about the nightmare scenario but it’s not pricing it in” said Mark Tinker, head of AXA Framlington Asia. Tinker’s a GaveKal client, and admirer of Gave’s tail-risk warnings over the past year. “After Sunday, we will have more information to make a considered risk-return wager to trade and hedge, but high-quality European companies and German bonds look like an attractive bet,” Tinker said.

Markets are pining for a scenario that would preserve the status quo: Macron, an independent candidate, defeating Le Pen in the second round on May 7. Thursday saw something of a French relief rally, with strong demand at a government debt auction, while France’s benchmark CAC 40 Index rose 1.5 percent aspolls showed Macron pulling marginally ahead of Le Pen.

The euro held steady on Friday and French bonds gained after a police officer was shot in Paris, which may influence the outcome of the first-round vote, according to some analysts. The CAC 40 dropped for the first time in three days, declining 0.5 percent.

The stars, however, appear to be aligning for the National Front candidate, said Gave. The fact two candidates for the runoff are likely to be determined by voters who have yet to make up their minds — as many as 40 percent — is a bad omen for the centrist contender, he said.

Momentum Curtailed

At least half of the far-left and half of the center-right won’t vote for Macron in the second round if he is pitted against Le Pen, believing he is“tainted” by his association with Francois Hollande’s government, and would rather abstain, Gave said.

Supporters of Francois Fillon, a center-right candidate whose momentum has been curtailed by graft charges, and a sizable chunk of Macron’s followers would probably rally to Le Pen’s cause if she were to face leftist Jean-Luc Mélenchon in the final round, according to Gave. He sees only Fillon with a chance to defeat Le Pen in the run-off.

If she emerges victorious, the euro would tank as markets would price in the prospect of its dissolution, rather than focus on Le Pen’s legislative hurdles to exit the single-currency bloc. French and Italian bonds will be “unquotable” given vanishing bids, and the European banking system would be beset by seismic turmoil, he said.

https://www.bloomberg.com/news/articles/2017-04-21/analyst-who-predicted-trump-ascendancy-is-betting-on-le-pen-win

French Elections: Marine Le Pen Backed By Quiet Army of Women

Image: Marine Le Pen campaign rally in Paris

Le Pen waves at the audience after speaking at a rally in Paris on April 17. Christophe Petit Tesson / EPA

COGOLIN, France — Muslims preoccupy Jennifer Troin.

“I’m worried about my nieces having to wear the veil,” said the soft-spoken 29-year-old.

This fear has helped propel the young mother to the far-right of the political spectrum ahead of key presidential elections Sunday — and into the arms of the hard-line National Front party.

Troin sells children’s clothes at a store in Cogolin, a town of 11,000 a few miles from the jet-set resorts of the French Riviera. In 2014, Cogolin became one of a handful of communities nationwide to elect mayors from the National Front, which is also known by the acronym FN.

Image: Jennifer Troin, 29, is a sales assistant in a children's clothes store in Cogolin on April 13, 2017

Jennifer Troin, 29, is a sales assistant in a children’s clothes store in Cogolin, France on April 13, 2017.Saphora Smith / for NBC News

Troin told NBC News that it wasn’t just the FN’s stance on Islam and immigration that attracted her, but also the party’s populist take on the economy.

But most of all, it was the party’s charismatic leader, Marine Le Pen, who captured Troin’s loyalty.

“She fights for women’s rights against Islam,” she said. “I vote because of Marine.”

Troin is part of a quiet army of female National Front supporters, who could well tip the balance of the election and give the presidency to the hard-right.

An FN victory would rewrite the continent’s political playbook, given the party’s pledge to take France out of the European Union. Were it to win, it would not have been an easy ride for a movement that peaked in 2002 when founder Jean Mari Le Pen — Marine Le Pen’s father — reached the second and final round of the presidential election.

French voters flocked to the polls in the runoff to ensure Le Pen did not win, instead electing former President Jacques Chirac with a resounding 78 percent of the vote. Most pollsters expect a similar outcome in May’s second-round vote, predicting moderate voters to rally once again to shut out the FN.

But few doubt that the party’s anti-immigrant and anti-establishment platform is resonating.

The Front’s anti-Islamic message is especially potent in France, whose 4.7 million Muslims make up around 7.5 percent of the population. Islamist militant attacks have killed more than 230 people over two years and plunged the country into a long-term state of emergency.

Play
Marine Le Pen: Mass Immigration Is a Tragedy for France 1:00

This anxiety deepened on the eve of the election after a gunman ambushed three Parisian police officers on the Champs-Elysees late Thursday, killing one and wounding two others. ISIS claimed responsibility for the shooting and French President Francois Hollande said it was likely a terrorist attack.

Meanwhile, the FN’s influence has spread from its heartlands along the Mediterranean coast and in the rust-belt north, into rural “forgotten” France.

‘Marine is different’

Polling institute Elabe recently predicted that 22 percent of women would vote for the National Front in the first round Sunday — almost 5 percent more than in 2012.

With just days to go, polls show the race is tightening. Centrist Emmanuel Macron is edging his way ahead on 24 percent and Le Pen is a fraction behind on 22.5 percent, according to Bloomberg polling.

Just below them, hard-left candidate Jean-Luc Melenchon has enjoyed a late surge and scandal-hit conservative Francois Fillon has hung in there despite a slew of allegations that he paid thousands of euros to his British-born wife for assistance she allegedly did not provide. A third of voters remain undecided.

Image: French far-right Front National leader Marine Le Pen is kissed by her father Jean-Marie Le Pen
Front National leader Marine Le Pen is kissed by her father Jean-Marie Le Pen after being re-elected as president of the party on Nov. 30, 2014.Laurent Cipriani / AP, file

The FN’s ability to motivate French women could be decisive. Traditionally, it has struggled to attract female voters amid accusations of sexism, racism and anti-Semitism.

In its early years under Jean-Marie Le Pen, the party advocated a traditional image of women, opposed abortion rights and developed a reputation for a macho, strongman culture.

This bias showed. The FN was far less successful at attracting women than men. During Jean-Marie Le Pen’ time in charge, around 12 percent of French women supported the party compared with 17 percent of men, according toSciences Po Cevipof, a political institute based in Paris.

Marine Le Pen changed this.

Since taking over in 2011, she has softened the party’s image, steering the FN away from some of its overtly anti-Semitic and racist rhetoric in an effort to broaden its electoral base. In 2015, she expelled her father after he repeated his view that the Holocaust was a “detail of history.”

In the run up to the this year’s election, Le Pen dropped her last name from campaign handouts, referring to herself simply as Marine.

More recently, she specifically targeted the female vote. She has published special pamphlets and a campaign video that describes her as a woman and a mother and shows her flicking through family photo albums. She has also changed the party’s logo from a flame to a blue rose.

‘Hitler-like figure’

For Troin, the children’s clothes seller in Cogolin, her interest in the National Front has grown with Marine Le Pen’s rise. While immigration, job security and her fear of Islam remained underlying motivators, she was also attracted to the party’s re-brand.

For her, the former leader “was too outspoken, too offensive. He was a Hitler-like figure,” Troin said. “But Marine is different.”

In the last presidential election in 2012 — the first with Marine Le Pen as leader — the party’s gender gap closed to 1.5 percentage points. It’s what Cevipof professor and FN expert Nonna Mayer called the “Marine Le Pen effect.”

The party has long advocated clamping down on immigration and securing borders, and throughout her campaign Le Pen has consistently made the country’s Muslims a target.

Image: Marine Le Pen supporters cheer
Marine Le Pen supporters cheer at a rally in the southern city of Marseille on Wednesday.Jeff J Mitchell / Getty Images

“In France we respect women, we don’t beat them, we don’t ask them to hide themselves behind a veil as if they were impure. We drink wine when we want, we can criticize religion and speak freely,” she said during a rally Monday night, comments clearly aimed at Muslims.

During the rally, Le Pen pledged to suspend all visas from non-European migrants hoping to join their families in France — often code for immigrants from mainly Muslim North Africa and the Middle East.

After Thursday night’s attack in Paris, she again singled out what she sees as the threat posed by Islam.

“It is a war in which there can be no retreat because all our population and all our territory are exposed,” she said.

And for all her rebranding, Marine Le Pen can also fall back into the older, harsher style of messaging.

Cathy, a 50-year-old dental assistant who was shopping for groceries in Cogolin, said she was all set to vote FN but was taken aback by Le Pen’s recent comments that the French were not to blame for the anti-Jewish policies of the government during the Nazi occupation in World War II.

Referring to the “Vel d’Hiv” roundup of Jews by French police in July 1942, in which nearly 13,000 were detained and deported to concentration camps, Le Pen told French radio earlier this month she thought France was “not responsible.”

Cathy, who didn’t want to be identified by her second name, said Le Pen’s remarks had made her pause.

“Perhaps she has the same ideas as her father but they’re just hidden behind good PR skills,” she said. “So I’m still thinking.”

Others needed no time to reflect.

“The FN is xenophobic, racist and anti-feminist,” said retired teacher Mireille Escarrat. “For me it feels like the 1930s. We’re going backwards.”

‘I don’t talk politics here’

Many of the National Front supporters interviewed by NBC News were reluctant to admit it, and others were concerned about being named.

“I don’t talk politics here,” a local woman said, having led the way into a backroom of her business in the town. The 60-year-old asked not to be named or for her business to be described because she felt that admitting her loyalty to the FN would damage her reputation.

“I wouldn’t mind if it weren’t for my business,” she added, out of earshot of her customers. “But this is somewhere everyone can come whether you vote communist or for the right.”

Even in this town — where 53 percent of the population voted FN in 2014 — voting Le Pen still carries a social stigma. There’s no telling just how many closet female FN voters there may be.

The party’s marriage of socialist economic policy and right-wing identity politics is working in the town, which sits in the FN’s traditional southern heartland. With the decline of traditional industries and unemployment at 18 percent, locals worry Cogolin is being reduced to a seasonal economy dependent on rich resort communities.

Newly-converted women at the FN’s regional headquarters in neighboring Sainte-Maxime said Sunday’s election would be the first time they voted for the Front in a presidential race.

“We didn’t vote for Jean-Marie Le Pen because he scared us,” said Monique Guckert, 67, a retired shop assistant. “His ideas were too fascist, too racist. It was too much.”

Image: Mayor Marc Etienne Lansade sits at his desk
Cogolin’s mayor Marc Etienne Lansade sits at his desk.Saphora Smith / for NBC News

Even the FN mayor of Cogolin, Marc Etienne Lansade, admitted his mother would never have voted for Jean-Marie Le Pen.

“He drove her crazy,” he said. “Women understand Marine Le Pen, she’s divorced, she has three children, she works — she’s a modern woman,” he added, sitting in his second-floor office in the town hall.

Still, not all women appreciate Le Pen’s message. On Monday, a topless protester carrying flowers charged the candidate during a rally northern Paris.

Le Pen does not try to make out that she is a feminist. Of her 144 manifesto pledges, only one addresses women’s issues. In it, she promises to defend women’s rights by fighting against Islam, implementing a plan for equal pay and combating social and job insecurity.

“She’s a fake feminist,” said Camille Froidevaux-Metterie, a political scientist and expert on women in politics at the University of Reims.

Asked if a Le Pen win would be a victory for women, she said that though symbolically “it would not be nothing.” She said it would mean France is ready for a female president but would have elected one on a non-feminist agenda.

“It’s a sort of paradox,” she said.

http://www.nbcnews.com/news/world/french-elections-marine-le-pen-backed-quiet-army-women-n748136

French elections: New poll shows Macron’s lead over Le Pen is narrowing

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Posted on April 6, 2017. Filed under: American History, Benghazi, Bernie Sanders, Blogroll, Bombs, Breaking News, Business, College, Communications, Computers, Congress, Corruption, Countries, Cruise Missiles, Defense Spending, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Egypt, Elections, Empires, European History, European Union, Federal Government, Foreign Policy, Fourth Amendment, Free Trade, Freedom of Speech, Genocide, Government, Government Dependency, Government Spending, Great Britain, Hate Speech, History, House of Representatives, Human, Human Behavior, Iran Nuclear Weapons Deal, Iraq, Islam, Islamic Republic of Iran, Islamic State, Israel, Jordan, Law, Libya, Life, Lying, Marco Rubio, Media, Medicare, Middle East, MIssiles, National Security Agency, Nerve Gas, News, Nuclear Weapons, Obama, Philosophy, Photos, Pistols, Politics, Polls, President Barack Obama, President Trump, Progressives, Qatar, Radio, Rand Paul, Rand Paul, Raymond Thomas Pronk, Regulation, Religion, Rifles, Rule of Law, Russia, Scandals, Second Amendment, Security, Senate, Social Security, Spying, Surveillance and Spying On American People, Surveillance/Spying, Syria, Taxation, Taxes, Technology, Terror, Terrorism, U.S. Negotiations with Islamic Republic of Iran, United Kingdom, United States Constitution, United States of America, Videos, Violence, War, Wealth, Weapons, Weather, Welfare Spending, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

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

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

Pronk Pops Show 845: February 23, 2017

Pronk Pops Show 844: February 22, 2017

Pronk Pops Show 843: February 21, 2017

Pronk Pops Show 842: February 20, 2017

Pronk Pops Show 841: February 17, 2017

Pronk Pops Show 840: February 16, 2017

Pronk Pops Show 839: February 15, 2017

Pronk Pops Show 838: February 14, 2017

Pronk Pops Show 837: February 13, 2017

Pronk Pops Show 836: February 10, 2017

Pronk Pops Show 835: February 9, 2017

Pronk Pops Show 834: February 8, 2017

Pronk Pops Show 833: February 7, 2017

Pronk Pops Show 832: February 6, 2017

Pronk Pops Show 831: February 3, 2017

Pronk Pops Show 830: February 2, 2017

Pronk Pops Show 829: February 1, 2017

Pronk Pops Show 828: January 31, 2017

Pronk Pops Show 827: January 30, 2017

Pronk Pops Show 826: January 27, 2017

Pronk Pops Show 825: January 26, 2017

Pronk Pops Show 824: January 25, 2017

Pronk Pops Show 823: January 24, 2017

Pronk Pops Show 822: January 23, 2017

Pronk Pops Show 821: January 20, 2017

Pronk Pops Show 820: January 19, 2017

Pronk Pops Show 819: January 18, 2017

Pronk Pops Show 818: January 17, 2017

Pronk Pops Show 817: January 13, 2017

Pronk Pops Show 816: January 12, 2017

Pronk Pops Show 815: January 11, 2017

Pronk Pops Show 814: January 10, 2017

Pronk Pops Show 813: January 9, 2017

Updated

Breaking News

Undeclared War!

President Trump Launches 59 Cruise Missile Attack From Two U.S. Destroyers Against Syrian Air Base 

President Trump Neoconned!

Trump Orders ATTACK on Syria – April 6, 2017 – FULL Press Conference

RAW USA launches cruise missile strike on Syria Regime Breaking News April 6 2017 

RAW USA launches cruise missiles strike on Syria RUSSIA IRAN backed ASSAD Regime after chemical Warfare weapons attack Breaking News April 6 2017

Neo-CONNED speech by Ron Paul

U.S. Launches Missiles at Syrian Base After Chemical Weapons Attack

The United States launched dozens of cruise missiles Thursday night at a Syrian airfield in response to what it believes was Syria’s use of banned chemical weapons that killed at least 100 people, U.S. military officials told NBC News.

Two U.S. warships in the Mediterranean Sea fired 59 Tomahawk missiles intended for a single target — Ash Sha’irat in Homs province in western Syria, the officials said. That’s the airfield from which the United States believes the government of Syrian President Bashar al-Assad fired the banned weapons.

There was no immediate word on casualties. U.S. officials told NBC News that people were not targeted and that aircraft and infrastructure at the site were hit, including the runway and gas fuel pumps.y

Trump Speaks on Missile Strike in Syria 2:48

“Assad choked out the lives of helpless men, women and children,” President Donald Trump said in remarks from Mar-a-Lago, his family compound in Palm Beach, Florida.

“It is in this vital national security interest of the United States to prevent and deter the spread and use of deadly chemical weapons,” said Trump, who called on other countries to end the bloodshed in Syria.

Related: Trump: Why I Launched a Missile Attack on Syria

Trump is in Florida for a meeting with Chinese President Xi Jinpeng. Defense Secretary James Mattis, Secretary of State Rex Tillerson and national security adviser H.R. McMaster traveled to Florida with him.

Defense Secretary James Mattis, Secretary of State Rex Tillerson and national security adviser H.R. McMaster traveled to Florida with Trump. In Washington, Vice President Mike Pence returned to the White House after having gone home for dinner Thursday evening.

Syrian television characterized the missile strike “as American aggression” Friday morning. But Ahrar Al Sham, the largest Syrian armed rebel group, told NBC News it “welcomes any U.S. intervention through surgical strikes that would deter the Assad regime capabilities to kill civilians and shorten the suffering of our people.”

Syria Crisis: Trump Given Military Options After Chemical Attack 2:25

Tillerson and Nikki Haley, the U.S. ambassador to the United Nations, have bluntly blamed Syria for the chemical weapons attack, whose victims included at least 25 children.

Tillerson told reporters on Thursday that “there is no doubt in our minds” that the Syrian regime was responsible for the attack. And in a combative speech at the U.N. Security Council on Wednesday, Haley warned: “When the United Nations consistently fails in its duty to act collectively, there are times in the life of states that we are compelled to take our own action.”y

Tillerson on Assad Regime: He Has ‘No Role’ to Govern Syria0:58

NBC News reported Thursday that Defense Secretary James Mattis briefed President Donald Trump on U.S. military options, which included carrying out targeted strikes against those responsible for Tuesday’s attack.

There was no immediate reaction from Russia, which Tillerson and Haley have accused of turning a blind eye to Syria’s transgressions.

“Russia cannot escape responsibility for this,” Haley said at the United Nations. “They chose to close their eyes to the barbarity. They defied the conscience of the world.”

Thursday, Tillerson urged Russia to “consider carefully their continued support of the Assad regime.”

Story 1: Progressive Global Interventionists Elite Banging The War Drums For American Empire Warfare and Welfare State vs. We The People America First Non-interventionists For American Republic Peace and Prosperity Economy — American People Not Readily Accepting Big Lie Media Propaganda on Syria Chemical Gas Air Attack — Another False Flag — Sunni and Shia Have Being Killing Each Other For Hundreds of Years — Stop Being Imperial Umpire For A Religious Sectarian Civil War — National Interest — Oil and Gas — Videos

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President Trump may be considering military action in Syria

Gen. Keane on the possibility of US military action in Syria

Trump Orders Attack On Syria! Will Russia Respond? Is Trump Wrong?

Syria Gas Attack: Assad’s Doing…Or False Flag?

Streamed live on Apr 5, 2017

Just days after the US Administration changed course on Syrian President Assad, saying he could stay, an alleged chemical weapon attack that killed dozens of civilians has been blamed on the Syrian government. Did Assad sign his own death warrant with such an attack…or does some other entity benefit?

[youytube=https://www.youtube.com/watch?v=LULzvg1gA5U]

Ron Paul: The Word That Best Defines Libertarianism Is Non-Intervention

Sen. John Barrasso Speaking on Trump Considering Military Action in Syria & North Korea

Cotton: President Trump struck the ‘right tone’ on Syria

Corker Comments on Suspected Chemical Weapons Attack in Syria

Rubio, Cardin call for Assad, Putin to be held accountable for Syria chemical weapons attack

Will the U.S. take military action in Syria?

Do powerful people in Washington want to know the truth?

Syrian Chemical False Flag Exposed

Laura Ingraham Show PODCAST April 6, 2017 – Bob Costa: ‘Trump Has Always Used His Family In Business

Unconfirmed Syria Chemical Weapons Attack is Iraq Weapons of Mass Destruction REDUX

What we know about the chemical attack in Syria

Syria Gas Attack: Assad’s Doing…Or False Flag?

Syria’s war: Who is fighting and why?

Was Syrian Chemical Attack A False Flag?

Understanding the Refugee Crisis in Europe, Syria, and around the World

Aftermath of Syrian chemical attack sparks outrage

World leaders condemn the Syrian chemical attack

Syria nerve gas attack: Chemical weapons expert debunks Assad’s defense

War in Syria: Russia and West clash over Idlib gas attack (part 1)

Published on Apr 5, 2017

Subscribe to France 24 now:
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FRANCE 24 live news stream: all the latest news 24/7
http://f24.my/YTliveEN

On Tuesday in Idlib, a province in the Northwest of Syria, at least seventy people were killed, 20 of them children, in what appears to have been a chemical weapon attack in the rebel-held town of Khan Sheikhoun. Initial reports point to the nerve agent Sarin gas. Our panel of experts asks who was behind this attack. What explanations are being given, and do they stack up?
Click here for PART TWO.

Another suspected chemical weapons attack is latest chapter in brutal Syrian conflict

‘Assad Has Unleashed Horror in Syria’: World Reacts to Alleged Chemical Attack

Syria Gas Attack: Russia says chemical depot held by rebels bombed

Turkish President Erdogan calls chemical attack in Syria “inhuman and unacceptable”

“The Desperate BBC Propaganda Machine Blames Assad For Chemical Attack Before Any Investigation.”

Russia denies involvement in reported Syrian chemical attack

Children caught in Syria ‘chemical attack’- BBC News

Published on Apr 5, 2017

The UN Security Council has held an emergency session to discuss the suspected gas attack on a rebel-held town in Syria. The attack is believed to have killed more than 70 people, including children. The Syrian government has denied responsibility, while its ally Russia says the gas came from rebel weapons on the ground. But those claims have been widely rejected by western governments, as our Chief International Correspondent Lyse Doucet reports.

Syria conflict: ‘Chemical attack’ in Idlib kills 58 – BBC News

Published on Apr 4, 2017

At least 58 people have been killed and dozens wounded in a suspected chemical attack on a rebel-held town in north-western Syria, a monitoring group says. The Syrian Observatory for Human Rights reported that strikes on Khan Sheikhoun by Syrian government or Russian jets had caused many people to choke. Later, aircraft fired rockets at local clinics treating some of the survivors, medics and opposition activists said. The Syrian government has repeatedly denied using chemical weapons.

UN Ambassador Nikki Haley Condemns Russia, Iran After Chemical Attack In Syria | NBC News

UK: Chemical Attack Bears All Hallmarks of Assad

UNSC holds emergency meeting on Syria chemical attack

WATCH LIVE: U.N. Security Council Holds Emergency Meeting On Syria Chemical Attack | TIME

The TRUTH About the Syria Gas Attack

Hillary in Rat Line for Syria False Flag Sarin Gas Attack says Pulitzer Prize Winning Journalist

Sy Hersh Reveals Potential Turkish Role in Syria Chemical Strike That Almost Sparked U.S. Bombing

Global Empire – The World According to Seymour Hersh [Part Two]

Published on Aug 10, 2016

Tariq Ali talks to investigative journalist, Seymour Hersh, about his revelations concerning the chemical attack at Ghouta, Syria in August 2013.

Seymour Hersh Exposes Erdogan’s Chemical Adventure in Syria

Published on Apr 8, 2014

The US author reveals secret US reports warning that Al-Nusrah terrorist group affiliated with Qatar and Turkey, posses a chemical weapons cell. Worst threat since 9/11.

Global Empire – The World According to Seymour Hersh [Part One]

Published on Aug 10, 2016

Tariq Ali talks to investigative journalist, Seymour Hersh, about the assassination of Osama bin Laden in Pakistan in 2011 and describes what the Americans and Pakistanis knew about his whereabouts.

Global Empire – Syria After Trump

Seymour Hersh: Obama “Cherry-Picked” Intelligence on Syrian Chemical Attack to Justify U.S. Strike

Published on Dec 9, 2013

Writing in the London Review of Books, Hersh argues that the Obama administration “cherry-picked intelligence to justify a strike against Assad.” The administration failed to disclose it knew Syrian rebels in the al-Nusra Front had the ability to produce chemical weapons. Evidence obtained in the days after the attack was also allegedly distorted to make it appear it was gathered in real time.

Whose sarin? Seymour M. Hersh
Barack Obama did not tell the whole story this autumn when he tried to make the case that Bashar al-Assad was responsible for the chemical weapons attack near Damascus on 21 August. In some instances, he omitted important intelligence, and in others he presented assumptions as facts. Most significant, he failed to acknowledge something known to the US intelligence community: that the Syrian army is not the only party in the country’s civil war with access to sarin, the nerve agent that a UN study concluded — without assessing responsibility — had been used in the rocket attack. In the months before the attack, the American intelligence agencies produced a series of highly classified reports, culminating in a formal Operations Order — a planning document that precedes a ground invasion — citing evidence that the al-Nusra Front, a jihadi group affiliated with al-Qaida, had mastered the mechanics of creating sarin and was capable of manufacturing it in quantity. When the attack occurred al-Nusra should have been a suspect, but the administration cherry-picked intelligence to justify a strike against Assad.

In his nationally televised speech about Syria on 10 September, Obama laid the blame for the nerve gas attack on the rebel-held suburb of Eastern Ghouta firmly on Assad’s government, and made it clear he was prepared to back up his earlier public warnings that any use of chemical weapons would cross a ‘red line’: ‘Assad’s government gassed to death over a thousand people,’ he said. ‘We know the Assad regime was responsible … And that is why, after careful deliberation, I determined that it is in the national security interests of the United States to respond to the Assad regime’s use of chemical weapons through a targeted military strike.’ Obama was going to war to back up a public threat, but he was doing so without knowing for sure who did what in the early morning of 21 August.

He cited a list of what appeared to be hard-won evidence of Assad’s culpability: ‘In the days leading up to August 21st, we know that Assad’s chemical weapons personnel prepared for an attack near an area where they mix sarin gas. They distributed gas masks to their troops. Then they fired rockets from a regime-controlled area into 11 neighbourhoods that the regime has been trying to wipe clear of opposition forces.’ Obama’s certainty was echoed at the time by Denis McDonough, his chief of staff, who told the New York Times: ‘No one with whom I’ve spoken doubts the intelligence’ directly linking Assad and his regime to the sarin attacks.

But in recent interviews with intelligence and military officers and consultants past and present, I found intense concern, and on occasion anger, over what was repeatedly seen as the deliberate manipulation of intelligence. One high-level intelligence officer, in an email to a colleague, called the administration’s assurances of Assad’s responsibility a ‘ruse’. The attack ‘was not the result of the current regime’, he wrote. A former senior intelligence official told me that the Obama administration had altered the available information — in terms of its timing and sequence — to enable the president and his advisers to make intelligence retrieved days after the attack look as if it had been picked up and analyzed in real time, as the attack was happening. The distortion, he said, reminded him of the 1964 Gulf of Tonkin incident, when the Johnson administration reversed the sequence of National Security Agency intercepts to justify one of the early bombings of North Vietnam. The same official said there was immense frustration inside the military and intelligence bureaucracy: ‘The guys are throwing their hands in the air and saying, “How can we help this guy” — Obama — “when he and his cronies in the White House make up the intelligence as they go along?”‘…()

Obama Was Lying!

President Obama’s Syria Address [FULL SPEECH]

Seymour Hersh’s Latest Bombshell: U.S. Military Undermined Obama on Syria with Tacit Help to Assad

Published on Dec 22, 2015

A new report by the Pulitzer-winning veteran journalist Seymour Hersh says the Joints Chiefs of Staff has indirectly supported Bashar al-Assad in an effort to help him defeat jihadist groups. Hersh reports the Joint Chiefs sent intelligence via Russia, Germany and Israel on the understanding it would be transmitted to help Assad push back Jabhat al-Nusra and the Islamic State. Hersh also claims the military even undermined a U.S. effort to arm Syrian rebels in a bid to prove it was serious about helping Assad fight their common enemies. Hersh says the Joints Chiefs’ maneuvering was rooted in several concerns, including the U.S. arming of unvetted Syrian rebels with jihadist ties, a belief the administration was overly focused on confronting Assad’s ally in Moscow, and anger the White House was unwilling to challenge Turkey and Saudi Arabia over their support of extremist groups in Syria. Hersh joins us to detail his claims and respond to his critics.

US, Russia Announce Syria Chemical Weapons Deal

U.S. Ship Begins Neutralizing Syrian Chemical Weapons

MV Cape Ray Storage Area Tour

MV Cape Ray Disposal Practice

MV Cape Ray FDHS

Published on Jul 2, 2014

As part of the U.N. Organization for the Prohibition of Chemical Weapons (OPCW) Joint Mission to eliminate chemical materials from the Syrian Arab Republic, the U.S. will destroy approximately 700 metric tons of chemicals aboard the MV Cape Ray. Danish and Norwegian vessels will transport the chemicals to a yet-unnamed Italian port for transfer to the MV Cape Ray. The MV Cape Ray, part of the U.S. Maritime Administration’s Ready Reserve Fleet, has been retrofitted with two field-deployable hydrolysis systems designed to neutralize the dangerous chemicals before disposal at a commercial facility.

MV Cape Ray’s Bridge

MV Cape Ray Command Post Tour

MV Cape Ray Laboratory Tour

False flag

From Wikipedia, the free encyclopedia
“False colors” redirects here. For the imaging technique, see False-color.

This US Douglas A-26 C Invader was painted in fake Cuban Air Force colors for the military invasion of Cuba undertaken by the CIA-sponsored paramilitary group Brigade 2506 in April 1961.

The contemporary term false flag describes covert operations that are designed to deceive in such a way that activities appear as though they are being carried out by entities, groups, or nations other than those who actually planned and executed them.[1]

Historically, the term “false flag” has its origins in naval warfare where the use of a flag other than the belligerent’s true battle flag before (but not while) engaging the enemy has long been accepted as a permissible ruse de guerre; by contrast, flying a false flag while engaging the enemy constitutes perfidy.[1]

Operations carried out during peace-time by civilian organizations, as well as covert government agencies, can (by extension) also be called false flag operations if they seek to hide the real organization behind an operation.[citation needed]

Use in warfare

In land warfare such operations are generally deemed acceptable in certain circumstances, such as to deceive enemies providing that the deception is not perfidious and all such deceptions are discarded before opening fire upon the enemy. Similarly in naval warfare such a deception is considered permissible provided the false flag is lowered and the true flag raised before engaging in battle:[2]auxiliary cruisers operated in such a fashion in both World Wars, as did Q-ships, while merchant vessels were encouraged to use false flags for protection.

Such masquerades promoted confusion not just of the enemy but of historical accounts: in 1914 the Battle of Trindade was fought between the British auxiliary cruiser RMS Carmania and the German auxiliary cruiser SMS Cap Trafalgar which had been altered to look like Carmania. (Contrary to some possibly mendacious accounts, the RMS Carmania had not been altered to resemble the Cap Trafalgar.)

Another notable example was the World War II German commerce raider Kormoran which surprised and sank the Australian light cruiser HMAS Sydney in 1941 while disguised as a Dutch merchant ship, causing the greatest recorded loss of life on an Australian warship. While Kormoran was fatally damaged in the engagement and its crew captured the outcome represented a considerable psychological victory for the Germans.[3]

Other examples from WWII included a Kriegsmarineensign in the St Nazaire Raid and captured a German code book: the old destroyer Campbeltown, which the British planned to sacrifice in the operation, was provided with cosmetic modifications that involved cutting the ship’s funnels and chamfering the edges to resemble a German Type 23torpedo boat.

By this ruse the British were able to get within two miles (3 km) of the harbour before the defences responded, where the explosive-rigged Campbeltown and commandos successfully disabled or destroyed the key dock structures of the port.[4][5]

Air warfare

In December 1922–February 1923, Rules concerning the Control of Wireless Telegraphy in Time of War and Air Warfare, drafted by a commission of jurists at the Hague regulates:[6]

Art. 3. A military aircraft must carry an exterior mark indicating its nationality and its military character.
Art. 19. The use of false exterior marks is forbidden.

This draft was never adopted as a legally binding treaty, but the ICRC states in its introduction on the draft that ‘To a great extent, [the draft rules] correspond to the customary rules and general principles underlying treaties on the law of war on land and at sea’,[7] and as such these two non–controversial articles were already part of customary law.[8]

Land warfare

In land warfare, the use of a false flag is similar to that of naval warfare: the trial of Otto Skorzeny, who planned and commanded Operation Greif, by a U.S. military tribunal at the Dachau Trials included a finding that Skorzeny was not guilty of a crime by ordering his men into action in American uniforms. He had relayed to his men the warning of German legal experts: that if they fought in American uniforms, they would be breaking the laws of war; however, they probably were not doing so simply by wearing the American uniforms. During the trial, a number of arguments were advanced to substantiate this position and the German and U.S. military seem to have been in agreement.

In the transcript of the trial,[9] it is mentioned that Paragraph 43 of the Field Manual published by the War Department, United States Army, on 1 October 1940, under the entry Rules of Land Warfare states “National flags, insignias and uniforms as a ruse – in practice it has been authorized to make use of these as a ruse. The foregoing rule (Article 23 of the Annex of the IVth Hague Convention), does not prohibit such use, but does prohibit their improper use. It is certainly forbidden to make use of them during a combat. Before opening fire upon the enemy, they must be discarded’.”

The American Soldiers’ Handbook was also quoted by Defense Counsel: “The use of the enemy flag, insignia, and uniform is permitted under some circumstances. They are not to be used during actual fighting, and if used in order to approach the enemy without drawing fire, should be thrown away or removed as soon as fighting begins.” Subsequently, the outcome of the trial has been codified in the 1977 Protocol Additional to the Geneva Conventions of 12 August 1949 (Protocol I):

Article 37. – Prohibition of perfidy

1. It is prohibited to kill, injure, or capture an adversary by resort to perfidy. Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. The following acts are examples of perfidy:
(a) The feigning of an intent to negotiate under a flag of truce or of a surrender;
(b) The feigning of an incapacitation by wounds or sickness;
(c) The feigning of civilian, non-combatant status; and
(d) The feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict.
2. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not perfidious because they do not invite the confidence of an adversary with respect to protection under that law. The following are examples of such ruses: the use of camouflage, decoys, mock operations and disinformation.

Article 38. – Recognized emblems

1. It is prohibited to make improper use of the distinctive emblem of the Red Cross, Red Crescent or Red Lion and Sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol. It is also prohibited to misuse deliberately in an armed conflict other internationally recognized protective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property.
2. It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by that Organization.

Article 39. – Emblems of nationality

1. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of neutral or other States not Parties to the conflict.
2. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while engaging in attacks or in order to shield, favour, protect or impede military operations.
3. Nothing in this Article or in Article 37, paragraph 1 ( d ), shall affect the existing generally recognized rules of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.

Cyber warfare

A false flag in the cyber domain is slightly different and easier to perpetrate than in other physical theaters of war. Cyber false flags refer to tactics used in covert cyber attacks by a perpetrator to deceive or misguide attribution attempts including the attacker’s origin, identity, movement, and/or code/exploitation. This misdirection tactic can cause misattribution (permitting response and/or counterattack as a condiciosine qua non under international law) or misperception which can lead to retaliation against the wrong adversary.

Cyber false flags can exist in the cyber domain when:

  1. Weaponized cyber exploits use recycled code/variants from previous attacks;
  2. Exploits are developed to mimic the scope and complexity of other malware;
  3. Exploits are procured rather than developed;
  4. Exploits are executed from new/unknown operator command servers;
  5. Malware calls out to or connects to known operator command servers;
  6. The action or attack is outsourced;
  7. The compromise is socially engineered to misguide investigations towards other operators;
  8. The audit trail or lack thereof conceals actual intent or actions with other exploits designed to mislead investigators.

As pretexts for war

Russo-Swedish War

In 1788, the head tailor at the Royal Swedish Opera received an order to sew a number of Russian military uniforms. These were then used by the Swedes to stage an attack on Puumala, a Swedish outpost on the Russo-Swedish border, on 27 June 1788. This caused an outrage in Stockholm and impressed the Riksdag of the Estates, the Swedish national assembly, who until then had refused to agree to an offensive war against Russia. The Puumala incident allowed King Gustav III of Sweden, who lacked the constitutional authority to initiate unprovoked hostilities without the Estates’ consent, to launch the Russo-Swedish War (1788–1790).[10]

Second Sino-Japanese War

Japanese experts inspect the scene of the ‘railway sabotage’ on South Manchurian Railway

In September 1931, Japanese officers fabricated a pretext for invading Manchuria by blowing up a section of railway. Though the explosion was too weak to disrupt operations on the rail line, the Japanese nevertheless used this Mukden incident to seize Manchuria and create a puppet government for what they termed the “independent” state of Manchukuo.[11]

World War II

Gleiwitz incident

Alfred Naujocks

The Gleiwitz incident in 1939 involved Reinhard Heydrich fabricating evidence of a Polish attack against Germany to mobilize German public opinion for war and to justify the war with Poland. Alfred Naujocks was a key organiser of the operation under orders from Heydrich. It led to the deaths of Nazi concentration camp victims who were dressed as German soldiers and then shot by the Gestapo to make it seem that they had been shot by Polish soldiers. This, along with other false flag operations in Operation Himmler, would be used to mobilize support from the German population for the start of World War II in Europe.[12]

The operation failed to convince international public opinion of the German claims, and both Britain and France—Poland’s allies—declared war two days after Germany invaded Poland.[13]

Winter War

On November 26, 1939, the Soviet armyshelled Mainila, a Russian village near the Finnish border. Soviet authorities blamed Finland for the attack and used the incident as a pretext to invade Finland, starting the Winter War, four days later.[14]

Cuban Revolution

Operation Northwoods

Operation Northwoods memorandum (13 March 1962)[15]

The proposed, but never executed, 1962 Operation Northwoods plot by the U.S. Department of Defense for a war with Cuba involved scenarios such as fabricating the hijacking or shooting down of passenger and military planes, sinking a U.S. ship in the vicinity of Cuba, burning crops, sinking a boat filled with Cuban refugees, attacks by alleged Cuban infiltrators inside the United States, and harassment of U.S. aircraft and shipping and the destruction of aerial drones by aircraft disguised as Cuban MiGs.[16] These actions would be blamed on Cuba, and would be a pretext for an invasion of Cuba and the overthrow of Fidel Castro‘s communist government. It was authored by the Joint Chiefs of Staff, but then rejected by President John F. Kennedy. The surprise discovery of the documents relating to Operation Northwoods was a result of the comprehensive search for records related to the assassination of President John F. Kennedy by the Assassination Records Review Board in the mid-1990s.[17] Information about Operation Northwoods was later publicized by James Bamford.[18]

As a tactic to undermine political opponents

Reichstag fire

Main article: Reichstag fire

The Reichstag fire was an arson attack on the Reichstag building in Berlin on 27 February 1933. The fire started in the Session Chamber,[19] and, by the time the police and firemen arrived, the main Chamber of Deputies was engulfed in flames. Police searched the building and found Marinus van der Lubbe, a young Dutchcouncil communist and unemployed bricklayer, who had recently arrived in Germany to carry out political activities.[citation needed]

The fire was used as evidence by the Nazis that the Communists were beginning a plot against t