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

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The Pronk Pops Show Podcasts

Pronk Pops Show 918,  June 26, 2017 

Pronk Pops Show 917,  June 22, 2017

Pronk Pops Show 916,  June 21, 2017

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Image result for supreme court decisions june 26, 2017

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Image result for supreme court decisions june 26, 2017

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

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

Part of Trump’s travel ban will go into effect

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

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

Lionel on SCOTUS Travel Ban Decision Inter Alia

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

The Democrat Vitriol Boomerang! Pres Trump Stronger Than Ever!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PRESIDENT TRUMP REACTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

U.S. Supreme Court Rules In Religious Rights Case

Supreme Court Rules Religious School Can Use Taxpayer Funds For Playground

The Supreme Court’s big announcements on religion

 

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

Image result for  cartoons trumpcare

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

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

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

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New MSNBC Host Begs Republican To Pass Trumpcare NOW

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

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

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

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

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

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

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

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

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

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

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

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

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

To recap:

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

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

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

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

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Listen To Pronk Pops Podcast or Download Shows 17-26

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

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

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 916,  June 21, 2017

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

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

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

Image result for cartoons democrat lost in georgia ossoff

Image result for cartoons democrat lost in georgia ossoff

Image result for cartoons democrat lost in georgia ossoff

The Trump ‘referendum’ that wasn’t

The true meaning behind special election victories

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

President Trump reacts to Georgia special election result

Political fallout from Karen Handel’s special election win

Karen Handel defeats Jon Ossoff in Georgia special election

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

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

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

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

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

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

Jon Ossoff concedes Georgia race

RAW: Karen Handel addresses supporters after win

 

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

10 Signs That Someone Is Lying

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

Documentary on how the media lies to manipulate us

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

Television = Mass Mind Control Propaganda

Propaganda & Engineering Consent for Empire with Mark Crispin Miller

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

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

CRITICAL THINKING – Cognitive Biases: Anchoring [HD]

Scott Adams talks about the Comey fog of confirmation bias

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

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

Image result for eric hoffer and the true believer

Eric Hoffer – Tyranny of the Intellectuals

Eric Hoffer pt. 1 of 5

Eric Hoffer pt. 2 of 5

Eric Hoffer pt. 3 of 5

Eric Hoffer pt. 4 of 5

Eric Hoffer pt. 5 of 5

Top Ten Quotes Of Eric Hoffer

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

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

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

Image result for eric hoffer and the true believer

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

7 Propaganda Techniques Used on You Every Day

Introduction to Propaganda

What is Brainwashing?

PROPAGANDA SOCIAL ENGINEERING AND THE MANUFACTURING OF HUMAN THOUGHT

Image result for confirmation bias and invincible ignorance

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The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Shows 916

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Listen To Pronk Pops Podcast or Download Shows 777-784

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Listen To Pronk Pops Podcast or Download Shows 391-399

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Listen To Pronk Pops Podcast or Download Shows 369-375

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Listen To Pronk Pops Podcast or Download Shows 354-359

Listen To Pronk Pops Podcast or Download Shows 346-353

Listen To Pronk Pops Podcast or Download Shows 338-345

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Listen To Pronk Pops Podcast or Download Shows 264-276

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Listen To Pronk Pops Podcast or Download Shows 236-249

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Listen To Pronk Pops Podcast or Download Shows 194-201

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Listen To Pronk Pops Podcast or Download Shows 174-183

Listen To Pronk Pops Podcast or Download Shows 165-173

Listen To Pronk Pops Podcast or Download Shows 158-164

Listen To Pronk Pops Podcast or Download Shows151-157

Listen To Pronk Pops Podcast or Download Shows 143-150

Listen To Pronk Pops Podcast or Download Shows 135-142

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Listen To Pronk Pops Podcast or Download Shows 113 -117

Listen To Pronk Pops Podcast or Download Show 112

Listen To Pronk Pops Podcast or Download Shows 108-111

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Listen To Pronk Pops Podcast or Download Shows 94-97

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Listen To Pronk Pops Podcast or Download Shows 88-90

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Listen To Pronk Pops Podcast or Download Shows 79-83

Listen To Pronk Pops Podcast or Download Shows 74-78

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Listen To Pronk Pops Podcast or Download Shows 58-61

Listen To Pronk Pops Podcast or Download Shows 55-57

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Listen To Pronk Pops Podcast or Download Shows 49-51

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Listen To Pronk Pops Podcast or Download Shows 38-40

Listen To Pronk Pops Podcast or Download Shows 34-37

Listen To Pronk Pops Podcast or Download Shows 30-33

Listen To Pronk Pops Podcast or Download Shows 27-29

Listen To Pronk Pops Podcast or Download Shows 17-26

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Read Full Post | Make a Comment ( None so far )

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

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

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 915,  June 20, 2017

Pronk Pops Show 914,  June 19, 2017

Pronk Pops Show 913,  June 16, 2017

Pronk Pops Show 912,  June 15, 2017

Pronk Pops Show 911,  June 14, 2017

Pronk Pops Show 910,  June 13, 2017

Pronk Pops Show 909,  June 12, 2017

Pronk Pops Show 908,  June 9, 2017

Pronk Pops Show 907,  June 8, 2017

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

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

Image result for trump tax reform

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

Image result for the fairtaxImage result for the fairtax

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

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

Will Republicans unite to pass health care and tax reform?

Ryan: ‘We’re going to cut taxes’

Treasury Secretary Steven Mnuchin On Tax Reform, Debt | CNBC

Ron Paul on Paul Ryan’s tax reform plan

s

Tax reform coming this year – Paul Ryan

Trump ‘much closer’ on tax reform: Tony Sayegh

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

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

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

Senate tight on time to pass health care bill

Gingrich talks Trump’s plan to focus on tax reform

What is the FairTax legislation?

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

Pence on the Fair Tax

Freedom from the IRS! – FairTax Explained in Detail

FairTax: Fire Up Our Economic Engine (Official HD)

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

Sen. Moran Speaks on Senate Floor about Finding Healthcare Solutions

Health care vote possible by July 4, McConnell tells Trump

Story highlights

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

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

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

Sticking points: Medicaid, tax credits

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

Freedom Caucus crafting tax reform plan

05/04/2017 05:21 PM EDT

Updated 05/04/2017 08:08 PM EDT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How to solve the illegal immigration problem

Donald Trump on Immigration – Does He Favor An Amnesty?

Trump’s Touchback amnesty explained by Marc Thiessen

Rep Steve King discusses Trump’s touchback amnesty

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

Trump Breaks MAJOR Campaign Promise By Backing DACA Amnesty Program

The Future of DACA and Dreamers still uncertain under President Trump

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

Trump just revoked an Obama amnesty program for illegal aliens

Trump Admin Rescinds DAPA Amnesty Program

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

Trump goes back on promise to ‘terminate’ DACA

This is what’s going on with DAPA and DACA

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

Trump’s Stance on DACA Has Immigration Hardliners Concerned

Ann Coulter: Trump better keep his promises

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

Ann Coulter Argues Eloquently Against Destroying America With Immigrants

Ann Coulter vs. media myths on immigration

Laura Ingraham – Analysis of illegal immigrants crossing the border

Published on Jun 2, 2015

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

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

Immigration by the Numbers — Off the Charts

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

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

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

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

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

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

1. What did the Trump administration just do?

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

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

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

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

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

3. Is this a victory for immigrant rights activists?

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

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

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

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

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

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

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

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

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

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

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

In a word, no.

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

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

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

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

He flips. He flops.

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

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

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

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

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

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

Wait. What changed?

Jim Jamitis

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Deferred Action for Childhood Arrivals

From Wikipedia, the free encyclopedia

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

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

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

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

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

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

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

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

History

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

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

Republican response

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

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

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

Implementation

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

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

Eligibility

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

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

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

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

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

Travel eligibility

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

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

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

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

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

Renewals

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

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

Expansion

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

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

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

Impact

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

State responses]

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

California

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

Arizona

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

Maryland

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

Illinois

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

Texas

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

Nebraska

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

Michigan

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

North Carolina

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

Virginia

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

See also

References

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

War of Words on Special Counsel Mueller Hires 13 Lawyers.

Out of Control Investigations. Alan Dershowitz!

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

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

Trey Gowdy Questions Fmr Sec of DHS Jeh Johnson!

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

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

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

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

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

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

By Andrew C. McCarthy| June 21, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

About the Author:

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

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

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

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

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

06/13/2017 03:07 PM EDT

Updated 06/13/2017 04:40 PM EDT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“I did not,” Sessions said.

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

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

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

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

Sessions flatly rejected those arguments on Tuesday.

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

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

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

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

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

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

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

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

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

 

Executive privilege

From Wikipedia, the free encyclopedia

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

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

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

Early precedents

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

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

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

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

Cold War era

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

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

United States v. Nixon

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

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

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

Post-Watergate era

Clinton administration

The Clinton administration invoked executive privilege on fourteen occasions.

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

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

George W. Bush administration

The Bush administration invoked executive privilege on six occasions.

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

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

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

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

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

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

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

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

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

House Investigation of the SEC

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

Obama Administration

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

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

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

Trump Administration

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

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

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

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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The Pronk Pops Show 911, Breaking News: Story 1: Democrat Socialist, James Hodgkinson, Opened Fire With Semi-automatic Rifle On Republican Lawmakers Practicing For Annual Charity Baseball Game Shooting House Majority Whip, Steve Scalise, 2 Capital Police Officers, 1 Congressional Staffer and 1 Lobbyist and Two Others Had Secondary Injuries  — The Assailant Was Killed By Police Officers — Game On — Videos — Story 2: 24-Floor Grenfell Tower  London Apartment Building Fire — Towering Inferno — Videos

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Pronk Pops Show 902,  May 31, 2017

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Pronk Pops Show 900,  May 25, 2017

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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

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Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

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Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

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Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

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

 

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

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

Graphic content: Gunman opens fire on GOP baseball practice

Published on Jun 14, 2017

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

President Trump Reacts to Steve Scalise Shooting in Alexandria | Full Statement 6/14/17

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Paul Ryan and Leader Nancy Pelosi address the House of Representatives

“The Assailant Has NOW DIED!” President Trump Responds To Congressman Scalise Being Shot

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Trump-hating Bernie-supporter open-fires on many at Baseball ‘Game for Charities.’

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

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

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

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

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

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

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

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

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

Scroll down for video 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sanders said he was 'sickened' by the shooting

Sanders said he was ‘sickened’ by the shooting

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Zachary Barth

Matt Mika

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rep. Chuck Fleischmann

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

‘This is a sad day for our country.’

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

‘The American people will not let them win.’

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

THE ‘RESISTANCE’ GOES LIVE-FIRE

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

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

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

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

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

The media responded in their usual laid-back style:

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Image result for Grenfell Tower: Massive Building Fire

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

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

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

London Apartment Building Smoldering After Fire

Published on Jun 14, 2017

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

LONDON RESIDENTS DEMAND ANSWERS IN DEADLY HIGH-RISE BLAZE


 

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

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

WHAT HAPPENED?

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

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

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

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

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

WHAT WAS THE FIRE PROCEDURE AT THE BUILDING?

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

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

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

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

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

WHO IS TO BLAME?

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

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

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

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

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

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

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

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

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

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

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

 

 

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

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

 

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

What Is Sharia Law?

What Is Sharia?

Sharia Law 101 – the essential statistics

Sharia Law In America‽

Before and After Sharia Law: A Cautionary Tale

 

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

San Bernardino March Against Sharia

San Bernardino March Against Sharia 2

 

Brigitte Gabriel: “We will not be silenced”

Sharia Law In America‽

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

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

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

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

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

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

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

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

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

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

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

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

“Muslims are welcomed here,” some chanted.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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The Pronk Pops Show 907, June 8, 2017, Story 1: Former FBI Director James Comey Answers Some Senator Questions And President Trump’s Lawyer Responds To Comey Testimony — Videos — Story 2: Prime Minister May Expected To Win Reelection But Could Lose Majority With A Hung Parliament — Videos

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Image result for senate committee questions former fbi director james comey june 8, 2017

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Story 1: Former FBI Director James Comey Answers Some Senator Questions And President Trump’s Lawyer Responds To Comey Testimony — Videos —

 

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The ‘Independent’ Mr. Comey

His prepared testimony shows why he deserved to be fired.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Appeared in the June 8, 2017, print edition.

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

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

COMEY SAYS HE WAS FIRED BECAUSE OF RUSSIA INVESTIGATION


AP Photo
AP Photo/Andrew Harnik

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

Former FBI Director James Comey’s planned testimony to the Senate Intelligence Committee on Thursday will provide President Trump’s opponents with plenty of opportunities to attack his conduct, while also giving his supporters the context they need to defend his actions.The seven-page opening statement Comey provided to the committee this week sheds new light on a series of private conversations and meetings between the president and the former FBI director that had previously been described only through anonymous leaks to the press.However, the statement contained few new revelations, and GOP allies — including the Republican National Committee quickly seized on the document to argue Trump had done nothing wrong.Here are seven takeaways from Comey’s opening statement, which he is slated to deliver before the Senate Intelligence Committee on Thursday morning.

Comey really did tell Trump he was not under investigation three times.

In his letter last month asking Comey to resign, Trump thanked the former FBI director for telling him, on three occasions, that he was not personally the subject of an FBI probe.

On Jan. 6, according to Comey’s statement, the former FBI director sought permission from the bureau’s “leadership team” to inform the president-elect that he was not under investigation.

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

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

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

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

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

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

Comey had far more contact with Trump than with Obama.

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

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

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

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

Comey did not perceive any interference on the Russia front.

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

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

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

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

Comey never told Sessions about his concerns.

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

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

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

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

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

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

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

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

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

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

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

Comey feared Trump wanted a “patronage relationship.”

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

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

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

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

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

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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.

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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.

Play VIDEO
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 be