The Pronk Pops Show 1177, November 20, 2018, Story 1: President Trump Wanted To Prosecute Hillary Clinton and James Comey — Missed Golden Opportunity To Bring The Plotters of The Clinton Obama Democrat Criminal Conspiracy To Justice — The American People Demand Justice and Prosecutions — Appoint A Second Special Counsel To Investigate and Prosecute Plotters — Three Cheers For Judicial Watch and Tom Fitton — Videos — Story 2: Wrap Up The Mueller Investigation or Face The Consequences — Videos — Story 3: U.S. District Judge Jon Tigar Opposes Trump Efforts To Stop Illegal Alien Invasion of United States and Enforce Immigration Law By Issuing A Temporary Restraining Order and Trump Reacts — Videos — Story 4: Trump’s Principled Realism Foreign Policy — Back To 1946 — Videos 

Posted on November 21, 2018. Filed under: Addiction, American History, Barack H. Obama, Bill Clinton, Blogroll, Breaking News, Clinton Obama Democrat Criminal Conspiracy, College, Communications, Computers, Congress, Countries, Culture, Donald J. Trump, Donald J. Trump, Donald Trump, Elections, Federal Bureau of Investigation (FBI) and Department of Justice (DOJ), Fifth Amendment, First Amendment, Freedom of Speech, Government, Government Spending, Hillary Clinton, Hillary Clinton, Hillary Clinton, History, House of Representatives, Housing, Human, Human Behavior, Illegal Immigration, Immigration, Independence, James Comey, Language, Law, Legal Immigration, Life, Media, Mental Illness, National Interest, News, Obama, People, Philosophy, Photos, Politics, Polls, Progressives, Raymond Thomas Pronk, Regulation, Robert S. Mueller III, Scandals, Second Amendment, Security, Senate, Software, Spying, Success, Surveillance and Spying On American People, Surveillance/Spying, Terror, Terrorism, United States Constitution, United States of America, United States Supreme Court, Videos, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Clinton Obama Democrat Criminal Conspiracy

See the source imageSee the source imageSee the source imageSee the source image

See the source image

 

Story 1: President Trump Wanted To Prosecute Hillary Clinton and James Comey — Missed Golden Opportunity To Bring The Plotters of The Clinton Obama Democrat Criminal Conspiracy To Justice — The American People Demand Justice and Prosecutions  — Appoint A Second Special Counsel To Investigate and Prosecute — Three Cheers For Judicial Watch and Tom Fitton — Videos

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Donald Trump threatens to prosecute Hillary Clinton

Fitton: ‘OUTRAGEOUS’ that DOJ and State Dept. CONTINUE to Protect Hillary Clinton

Judicial Watch

Streamed live on Nov 20, 2018

In this edition of “Inside Judicial Watch,” Judicial Watch President Tom Fitton gives an update on some of the key cases and investigations Judicial Watch is involved with, including the Clinton email scandal, the Mueller probe into alleged Trump/Russia collusion during the 2016 election, and the midterm election recount in Florida.

Judicial Watch did a REAL Investigation into Clinton Email Scandal While FBI Didn’t

Tom Fitton on credibility problems of DOJ and FBI

Published on Dec 13, 2017

New FBI text messages draw a possible connection to Obama

Published on Feb 7, 2018

#FBI Texts Hint at Obama Involvement in Deep State FISA Abuse, Treason and Sedition

Dershowitz: ‘Terrible Mistake’ If Trump Ordered DOJ to Investigate Clinton, Comey

Media pounce on report Trump wanted Clinton, Comey probes

Dem and GOP lawmakers call for dueling investigations

Trump wanted to prosecute Hillary Clinton, James Comey

Joe diGenova on Comey and Lynch Subpoenas

Should Whitaker recuse himself from the Russia probe?

Trump speaks out on Ivanka’s private emails, Saudi Arabia

WATCH: House Republicans hold news briefing regarding special counsel

House Republicans call for second special counsel

DOJ watchdog: James Comey broke protocol in Clinton probe

Today News – Here’s Why the New York Times Bombshell Report Could Be the Finishing Touch for Mueller

Trump on Justice Department and Comey: ‘The end result was wrong’

Hillary Clinton committed a myriad of crimes: Gregg Jarrett

Hillary Clinton should be prosecuted, says Judge Andrew Napolitano

New York Times vs. Donald Trump – The Fifth Estate

The New Trump TV Network: Providing the Death Knell of MSM But A Vital Citizen Connection to Truth

 

Report: Trump wanted to prosecute Comey, Hillary Clinton

yesterday
James Comey

FILE – In this Thursday, June 8, 2017, file photo, former FBI director James Comey speaks during a Senate Intelligence Committee hearing on Capitol Hill, in Washington. A published report says President Donald Trump told his counsel’s office last spring he wanted to prosecute political adversaries Hillary Clinton and Comey. The New York Times says the idea prompted White House lawyers to prepare a memo warning of consequences ranging up to possible impeachment (AP Photo/Andrew Harnik, File)

WASHINGTON (AP) — President Donald Trump told his counsel’s office last spring that he wanted to prosecute political adversaries Hillary Clinton and former FBI Director James Comey, an idea that prompted White House lawyers to prepare a memo warning of consequences ranging up to possible impeachment, The New York Times reported Tuesday.

Then-counsel Don McGahn told the president he had no authority to order such a prosecution, and he had White House lawyers prepare the memo arguing against such a move, The Associated Press confirmed with a person familiar with the matter who was not authorized to discuss the situation. McGahn said that Trump could request such a probe but that even asking could lead to accusations of abuse of power, the newspaper said.

Presidents typically go out of their way to avoid any appearance of exerting influence over Justice Department investigations.

Trump has continued to privately discuss the matter of prosecuting his longtime adversaries, including talk of a new special counsel to investigate both Clinton and Comey, the newspaper said, citing two people who had spoken to Trump about the matter.

Trump has repeatedly and publicly called on the Justice Department to investigate Clinton, and he has tweeted his dismay over what he saw as former Attorney General Jeff Sessions’ reluctance to go after Clinton. Trump’s former lawyer, John Dowd, urged Deputy Attorney General Rod Rosenstein in a memo last year to investigate Comey and his handling of the Clinton email investigation.

Sessions last year said he was directing senior federal prosecutors to look into matters raised by House Republicans related to the Clinton Foundation and a uranium mine transaction benefiting the foundation that was approved when Clinton was secretary of state. The FBI has been investigating that matter. Sessions, in March, told lawmakers that he was not prepared to appoint a special counsel to investigate the FBI and potential political bias there.

The White House did not immediately respond to a request for comment on the report. McGahn’s lawyer, William Burck, also did not respond to a request for comment.

___

Associated Press writers Eric Tucker and Chad Day contributed to this report.

https://www.apnews.com/060ca2399a744b4a9554dbd2ec276a90

Trump Wanted to Order Justice Dept. to Prosecute Comey and Clinton

President Trump stoked his enmity for Hillary Clinton during the 2016 race and since taking office has publicly and privately revisited the idea of prosecuting her.CreditCindy Ord/Getty Images for 
Image
President Trump stoked his enmity for Hillary Clinton during the 2016 race and since taking office has publicly and privately revisited the idea of prosecuting her.CreditCreditCindy Ord/Getty Images for Glamour

By Michael S. Schmidt and Maggie Haberman

WASHINGTON — President Trump told the White House counsel in the spring that he wanted to order the Justice Department to prosecute two of his political adversaries: his 2016 challenger, Hillary Clinton, and the former F.B.I. director James B. Comey, according to two people familiar with the conversation.

The lawyer, Donald F. McGahn II, rebuffed the president, saying that he had no authority to order a prosecution. Mr. McGahn said that while he could request an investigation, that too could prompt accusations of abuse of power. To underscore his point, Mr. McGahn had White House lawyers write a memo for Mr. Trump warning that if he asked law enforcement to investigate his rivals, he could face a range of consequences, including possible impeachment.

The encounter was one of the most blatant examples yet of how Mr. Trump views the typically independent Justice Department as a tool to be wielded against his political enemies. It took on additional significance in recent weeks when Mr. McGahn left the White House and Mr. Trump appointed a relatively inexperienced political loyalist, Matthew G. Whitaker, as the acting attorney general.

It is unclear whether Mr. Trump read Mr. McGahn’s memo or whether he pursued the prosecutions further. But the president has continued to privately discuss the matter, including the possible appointment of a second special counsel to investigate both Mrs. Clinton and Mr. Comey, according to two people who have spoken to Mr. Trump about the issue. He has also repeatedly expressed disappointment in the F.B.I. director, Christopher A. Wray, for failing to more aggressively investigate Mrs. Clinton, calling him weak, one of the people said.

A White House spokesman declined to comment. A spokeswoman for the F.B.I. declined to comment on the president’s criticism of Mr. Wray, whom he appointed last year after firing Mr. Comey.

“Mr. McGahn will not comment on his legal advice to the president,” said Mr. McGahn’s lawyer, William A. Burck. “Like any client, the president is entitled to confidentiality. Mr. McGahn would point out, though, that the president never, to his knowledge, ordered that anyone prosecute Hillary Clinton or James Comey.”

It is not clear which accusations Mr. Trump wanted prosecutors to pursue. He has accused Mr. Comey, without evidence, of illegally having classified information shared with The New York Times in a memo that Mr. Comey wrote about his interactions with the president. The document contained no classified information.

Mr. Trump’s lawyers also privately asked the Justice Department last year to investigate Mr. Comey for mishandling sensitive government information and for his role in the Clinton email investigation. Law enforcement officials declined their requests. Mr. Comey is a witness against the president in the investigation by the special counsel, Robert S. Mueller III.

Mr. Trump has expressed disappointment in the F.B.I. director, Christopher A. Wray, for failing to more aggressively investigate Mrs. Clinton.CreditAl Drago for The New York Times
Mr. Trump has expressed disappointment in the F.B.I. director, Christopher A. Wray, for failing to more aggressively investigate Mrs. Clinton.CreditAl Drago for The New York Times

Mr. Trump repeatedly pressed Justice Department officials about the status of Clinton-related investigations, including Mr. Whitaker when he was the chief of staff to Attorney General Jeff Sessions, according to a person with direct knowledge of the conversations. CNN and Vox earlier reported those discussions.

In his conversation with Mr. McGahn, the president asked what stopped him from ordering the Justice Department to investigate Mr. Comey and Mrs. Clinton, the two people familiar with the conversation said. He did have the authority to ask the Justice Department to investigate, Mr. McGahn said, but warned that making such a request could create a series of problems.

Mr. McGahn promised to write a memo outlining the president’s authorities. In the days that followed, lawyers in the White House Counsel’s Office wrote a several-page document in which they strongly cautioned Mr. Trump against asking the Justice Department to investigate anyone.

The lawyers laid out a series of consequences. For starters, Justice Department lawyers could refuse to follow Mr. Trump’s orders even before an investigation began, setting off another political firestorm.

If charges were brought, judges could dismiss them. And Congress, they added, could investigate the president’s role in a prosecution and begin impeachment proceedings.

Ultimately, the lawyers warned, Mr. Trump could be voted out of office if voters believed he had abused his power.

Mr. Trump’s frustrations about Mr. Comey and Mrs. Clinton were a recurring refrain, a former White House official said. “Why aren’t they going after” them?, the president would ask of Justice Department officials.

For decades, White House aides have routinely sought to shield presidents from decisions related to criminal cases or even from talking about them publicly. Presidential meddling could undermine the legitimacy of prosecutions by attaching political overtones to investigations in which career law enforcement officials followed the evidence and the law.

Perhaps more than any president since Richard M. Nixon, Mr. Trump has been accused of trying to exploit his authority over law enforcement. Witnesses have told the special counsel’s investigators about how Mr. Trump tried to end an investigation into an aide, install loyalists to oversee the inquiry into his campaign and fire Mr. Mueller.

In addition, Mr. Trump has attacked the integrity of Justice Department officials, claiming they are on a “witch hunt” to bring him down.

Mr. Trump has accused the former F.B.I. director James B. Comey, without evidence, of illegally having classified information shared with reporters.CreditJustin Tang/The Canadian Press, via
Mr. Trump has accused the former F.B.I. director James B. Comey, without evidence, of illegally having classified information shared with reporters.CreditJustin Tang/The Canadian Press, via Associated Press

More significant, Mr. Mueller is investigating whether the president tried to impede his investigation into whether any Trump associates conspired with Russia’s campaign to sow discord among the American electorate during the 2016 presidential race.

Mr. Trump stoked his enmity for Mrs. Clinton during the campaign, suggesting during a presidential debate that he would prosecute her if he was elected president. “If I win, I am going to instruct my attorney general to get a special prosecutor to look into your situation,” Mr. Trump said.

“It’s just awfully good that someone with the temperament of Donald Trump is not in charge of the law in our country,” Mrs. Clinton replied.

“Because you would be in jail,” Mr. Trump shot back.

During the presidential race, Mr. Whitaker, a former United States attorney, also said he would have indicted Mrs. Clinton, contradicting Mr. Comey’s highly unusual public announcement that he would recommend the Justice Department not charge her over her handling of classified information while secretary of state.

“When the facts and evidence show a criminal violation has been committed, the individuals involved should not dictate whether the case is prosecuted,” Mr. Whitaker wrote in an op-ed in USA Today in July 2016.

Two weeks after his surprise victory, Mr. Trump backed off. “I don’t want to hurt the Clintons, I really don’t,” Mr. Trump said in an interview with The Times. “She went through a lot and suffered greatly in many different ways, and I am not looking to hurt them at all. The campaign was vicious.”

Nonetheless, he revisited the idea both publicly and privately after taking office. Some of his more vocal supporters stirred his anger, including the Fox News commentator Jeanine Pirro, who has railed repeatedly on her weekly show that the president is being ill served by the Justice Department.

Ms. Pirro told Mr. Trump in the Oval Office last November that the Justice Department should appoint a special counsel to investigate the Uranium One deal, two people briefed on the discussion have said. During that meeting, the White House chief of staff, John F. Kelly, told Ms. Pirro she was inflaming an already vexed president, the people said.

Shortly after, Mr. Sessions wrote to lawmakers, partly at the urging of the president’s allies in the House, to inform them that federal prosecutors in Utah were examining whether to appoint a special counsel to investigate Mrs. Clinton. A spokeswoman for the United States attorney for Utah declined to comment on Tuesday on the status of the investigation.

Mr. Trump once called his distance from law enforcement one of the “saddest” parts of being president.

“I look at what’s happening with the Justice Department,” he said in a radio interview a year ago. “Well, why aren’t they going after Hillary Clinton and her emails and with her, the dossier?” He added: “I am not supposed to be doing the kind of things that I would love to be doing. And I am very frustrated.”

Michael S. Schmidt reported from Washington, and Maggie Haberman from New York.

https://www.nytimes.com/2018/11/20/us/politics/president-trump-justice-department.html

Story 2: Bombshell is A Dud– President Responds in Writing To Mueller Questions — Time To Wrap Up The Mueller Investigation–No Evidence Trump Colluded With Russians Nor Obstructed Justice — Videos — 

President Trump Submits Written Answers To Mueller’s Questions In Russia Probe | TIME

Hannity: Trump’s ‘unprecedented cooperation’ with Mueller

Sean Hannity 11/20/18 Fox News November 20, 2018

Joe diGenova on Mueller Wrap Up

Story 3: U.S. District Judge Jon Tigar Opposes Trump Efforts To Stop Illegal Alien Invasion of United States and Enforce Immigration Law By Issuing A Temporary Restraining Order and Trump Reacts — Videos 

Trump: Federal courts in Ninth Circuit ‘very unfair’

Trump hits back at Chief Justice Roberts’ rebuke

Trump hands over responses to Robert Mueller’s team

Homan: Trump’s efforts to protect US are met with lawsuits

Tucker Carlson Tonight 11/20/18 | Breaking Fox News | November 20, 2018

What Happens When Democrats Run Your State?

‘Two-States of California’- Victor Davis Hanson at American Freedom Alliance

On Watch: Exposing Mainstream Media Lies About the Illegal Alien Invasion

Streamed live on Nov 21, 2018

In this episode of “On Watch,” Judicial Watch Director of Investigations & Research Chris Farrell joins filmmaker Ami Horowitz to discuss his recent trip to Mexico investigating the migrant caravan.

As Predicted, San Francisco-Based Obama Judge Blocks Trump Asylum Order

The migrant caravan makes its way to Juchitan from Santiago Niltipec, Mexico, October 30, 2018. (Hannah McKay/Reuters)

It took a few more days than I expected, but a San Francisco-based federal judge appointed by President Obama issued an order last night barring the administration from enforcing the asylum restrictions President Trump announced on November 9. U.S. District Judge Jon Tigar ruled that the president had unlawfully attempted to rewrite congressional law. (Mind you, these are the same federal judges who are striving to enshrine President Obama’s DACA program, an actual presidential rewrite of congressional law.)

Tigar’s predictable judicial usurpation of immigration and border security policymaking authority will no doubt be appealed to the Ninth Circuit, which will no doubt endorse the district judge’s gambit.

To repeat what I wrote ten days ago:

As I write on Friday, the restraining order hasn’t come down yet. But it’s just a matter of time. Some federal district judge, somewhere in the United States, will soon issue an injunction blocking enforcement of the Trump administration’s restrictions on asylum applications.

The restrictions come in the form of a rule promulgated jointly by the Departments of Justice and Homeland Security, and a proclamation issued by President Trump. In conjunction, they assert that an alien who wishes to apply for asylum in the United States must act lawfully: An alien who is physically present here and wishes to apply must be in the country legally; an alien outside the country who wishes to apply must present himself at a lawful port of entry — not attempt to smuggle his way in or force his way in as part of a horde (i.e., no invasions by caravan).

Of course, what used to be assumed is today deemed intolerable. It is no longer permitted to expect of non-Americans what is required of Americans — adherence to American law while on American soil.

Therefore, the fact that the administration’s action is entirely reasonable will not matter. No more will it matter that, contrary to numbing media repetition, the rule and proclamation derive from federal statutory law. Nor will it make any difference that, in part, the president is relying on the same sweeping congressional authorization based on which, just four months ago, the Supreme Court affirmed his authority to control the ingress of aliens based on his assessment of national-security needs.

Just two things will matter. The first is that the asylum restrictions represent a Trump policy that reverses Obama policies — specifically, policies of more lax border enforcement, and of ignoring congressionally authorized means of preventing illegal aliens from filing frivolous asylum petitions (with the result that many of them are released, evading further proceedings and deportation). The second is that, precisely to thwart the reversal of Obama policies, President Obama made certain that the vast majority of the 329 federal judges he appointed were progressive activists in the Obama mold.

The media-Democrat complex will tell you this is “the rule of law.” In reality, it is the rule of lawyers: the Lawyer Left on the front line of American decision-making, a line that runs through courtrooms, not Capitol Hill.

The people of the United States, through their elected representatives, have empowered the president to suspend or impose conditions on the ingress of aliens if he finds their entry would be “detrimental to the interests of the United States.” How can it be denied that the illegal entry of aliens — which patently undermines the rule of law — is detrimental? Yet, there is certain to be a race to be the first judge to issue a restraining order, to champion an imaginary right of aliens to seek asylum however they damn well please.

Congratulations Judge Tigar, you win the prize!

https://www.nationalreview.com/corner/san-francisco-based-obama-judge-blocks-trump-asylum-order/

California Judge Blocks New Trump Rule Restricting Asylum

Judge Jon Tigar, U.S. District Court for the Northern District of California (Photo: Jason Doiy/ALM)

A California judge late Monday issued a nationwide order blocking the Trump administration’s efforts to restrict asylum-seekers, saying a new rule imposed eligibility conditions that went beyond the powers granted by Congress.

The Trump administration’s rule and a related presidential proclamation restricting asylum claims on the southern border to those individuals who enter the U.S. at designated ports run afoul of the federal Immigration and Nationality Act, said Judge Jon Tigar of the U.S. District Court for the Northern District of California. In some instances, he said, the rule would have categorically prevented some immigrants from making asylum claims.

“The rule barring asylum for immigrants who enter the country outside a port of entry irreconcilably conflicts with the INA and the expressed intent of Congress,” Tigar wrote. “Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.”

Tigar imposed a nationwide injunction—the latest against a Trump administration immigration policy—that is set to run at least until Dec. 19. The ruling came just hours after a hearing in San Francisco federal district court, where the American Civil Liberties Union, representing nonprofit plaintiffs, argued against the so-called asylum ban. A related court hearing also was held Monday in Washington, D.C.

U.S. Justice Department lawyer Scott Stewart argued the Trump administration’s asylum rule did not flatly bar asylum-seekers so long as they enter through designated U.S. ports.

Tigar’s ruling is certain to be challenged by the Trump administration, which has railedagainst the number of nationwide injunctions blocking immigration and other policies. Tigar said he would meet with the lawyers in the case on Dec. 19 to review whether a preliminary injunction should be imposed.

“Potential asylum seekers are exposed to numerous harms while waiting to present their claims, including not only physical privations like physical assault but also the loss of valuable, potentially meritorious claims for asylum,” Tigar wrote. “The rule, when combined with the enforced limits on processing claims at ports of entry, leaves those individuals to choose between violence at the border, violence at home, or giving up a pathway to refugee status.”

ACLU attorney Lee Gelernt said in a statement: “This ban is illegal, will put people’s lives in danger, and raises the alarm about President Trump’s disregard for separation of powers. There is no justifiable reason to flatly deny people the right to apply for asylum, and we cannot send them back to danger based on the manner of their entry. Congress has been clear on this point for decades.”

In the Washington case, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia did not issue an immediate ruling. Sullivan in August drew national headlines when he ordered the U.S. government to turn around a plane midflight carrying a woman and her daughter who had been seeking asylum. The judge was incensed that the government, despite assertions to the contrary, had removed the family amid emergency proceedings in the case.

Read the order:

https://www.law.com/therecorder/2018/11/20/california-judge-blocks-new-trump-rule-restricting-asylum/?slreturn=20181021165005

Federal Judge Blocks Trump’s Proclamation Targeting Some Asylum Seekers

Women and children in Tijuana, Mexico, on Saturday after getting a number to apply for asylum at the entrance of the border crossing to the United States.CreditMauricio Lima for The New York Times
Women and children in Tijuana, Mexico, on Saturday after getting a number to apply for asylum at the entrance of the border crossing to the United States.CreditCreditMauricio Lima for The New York Times

By Miriam Jordan

LOS ANGELES — A federal judge on Monday ordered the Trump administration to resume accepting asylum claims from migrants no matter where or how they entered the United States, dealing at least a temporary setback to the president’s attempt to clamp down on a huge wave of Central Americans crossing the border.

Judge Jon S. Tigar of the United States District Court in San Francisco issued a temporary restraining order that blocks the government from carrying out a new rule that denies protections to people who enter the country illegally. The order, which suspends the rule until the case is decided by the court, applies nationally.

“Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Mr. Tigar wrote in his order.

As a caravan of several thousand people journeyed toward the Southwest border, President Trump signed a proclamation on Nov. 9 that banned migrants from applying for asylum if they failed to make the request at a legal checkpoint. Only those who entered the country through a port of entry would be eligible, he said, invoking national security powers to protect the integrity of the United States borders.

But the rule overhauled longstanding asylum laws that ensure people fleeing persecution can seek safety in the United States, regardless of how they entered the country. Advocacy groups, including the Southern Poverty Law Center and the American Civil Liberties Union, swiftly sued the administration for effectively introducing what they deemed an asylum ban.

After the judge’s ruling on Monday, Lee Gelernt, the A.C.L.U. attorney who argued the case, said, “The court made clear that the administration does not have the power to override Congress and that, absent judicial intervention, real harm will occur.”

“This is a critical step in fighting back against President Trump’s war on asylum seekers,” Melissa Crow, senior supervising attorney for the Southern Poverty Law Center, one of the other organizations that brought the case, said in a statement. “While the new rule purports to facilitate orderly processing of asylum seekers at ports of entry, Customs and Border Protection has a longstanding policy and practice of turning back individuals who do exactly what the rule prescribes. These practices are clearly unlawful and cannot stand.”

The Center for Constitutional Rights also joined in the suit.

President Trump, when asked by reporters about the court ruling on Tuesday, criticized the Ninth Circuit Court of Appeals, the liberal-leaning court where the case will likely land, calling it a “disgrace.” He labeled Judge Tigar an “Obama judge.”

“Our asylum system is broken, and it is being abused by tens of thousands of meritless claims every year,” Katie Waldman, spokeswoman for the Department of Homeland Security, and Steve Stafford, the Justice Department spokesman, said in a statement.

They said the president has broad authority to stop the entry of migrants into the country. “It is absurd that a set of advocacy groups can be found to have standing to sue to stop the entire federal government from acting so that illegal aliens can receive a government benefit to which they are not entitled,” they said. “We look forward to continuing to defend the executive branch’s legitimate and well-reasoned exercise of its authority to address the crisis at our southern border.”

Presidents indeed have broad discretion on immigration matters. But the court’s ruling shows that such discretion has limits, said Stephen Yale-Loehr, an immigration scholar at Cornell Law School.

“The ruling is a significant blow to the administration’s efforts to unilaterally change asylum law. Ultimately this may have to go to the Supreme Court for a final ruling,” said Mr. Yale-Loehr.

The advocacy groups accused the government of “violating Congress’s clear command that manner of entry cannot constitute a categorical asylum bar” in their complaint. They also said the administration had violated federal guidelines by not allowing public comment on the rule.

But Trump administration officials defended the regulatory change, arguing that the president was responding to a surge in migrants seeking asylum based on frivolous claims, which ultimately lead their cases to be denied by an immigration judge. The migrants then ignore any orders to leave, and remain unlawfully in the country.

“The president has sought to halt this dangerous and illegal practice and regain control of the border,” government lawyers said in court filings.

Mr. Trump, who had made stanching illegal immigration a top priority since his days on the campaign trail, has made no secret of his frustration over the swelling number of migrants heading to the United States. The president ordered more than 5,000 active-duty troops to the border to prevent the migrants from entering.

The new rule was widely regarded as an effort to deter Central Americans, many of whom request asylum once they reach the United States, often without inspection, from making the journey over land from their countries to the border.

United States immigration laws stipulate that foreigners who touch American soil are eligible to apply for asylum. They cannot be deported immediately. They are eligible to have a so-called credible fear interview with an asylum officer, a cursory screening that the overwhelming majority of applicants pass. As result, most of the migrants are released with a date to appear in court.

In recent years, more and more migrants have availed themselves of the asylum process, often after entering the United States illegally. A record 23,121 migrants traveling as families were detained at the border in October. Many of the families turn themselves in to the Border Patrol rather than queue up to request asylum at a port of entry.

The Trump administration believes the migrants are exploiting asylum laws to immigrate illegally to the United States. Soaring arrivals have exacerbated a huge backlog of pending cases in the immigration courts, which recently broke the one-million mark. Many migrants skip their court dates, administration officials say, only to remain illegally in the country, which Mr. Trump derides as “catch and release.”

But advocates argue that many migrants are victims of violence or persecution and are entitled to seek sanctuary. Gangs are ubiquitous across El Salvador, Honduras and Guatemala, where lawlessness and corruption enable them to kill with impunity.

Daniel Victor contributed reporting from Hong Kong.

https://www.nytimes.com/2018/11/20/us/judge-denies-trump-asylum-policy.html

Jon S. Tigar

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Jon Steven Tigar
Judge Jon S. Tigar.jpg
Judge of the United States District Court for the Northern District of California
Assumed office
January 18, 2013
Appointed by Barack Obama
Preceded by Saundra Brown Armstrong
Personal details
Born Jon Steven Tigar
October 8, 1962 (age 56)
LondonUnited Kingdom
Education Williams College (B.A.)
UC Berkeley School of Law (J.D.)

Jon Steven Tigar (born October 8, 1962) is a United States District Judge of the United States District Court for the Northern District of California.

Early life and education

Tigar was born in LondonEngland in 1962.[1] His father is retired law professor Michael Tigar.[2] Tigar earned a Bachelor of Arts degree in 1984 from Williams College and a Juris Doctor degree in 1989 from UC Berkeley School of Law.[3] He graduated Order of the Coif,[1] was an Articles Editor of the California Law Review, and served as a Research Assistant to Professor Melvin Eisenberg. In 1989, Tigar served as a law clerk for United States Court of Appeals for the Eleventh Circuit Judge Robert Smith Vance.[3][4]

Professional career

From 1990 until 1992, Tigar served as a litigation associate for the law firm Morrison & Foerster. He then served as a public defender in San Francisco from 1993 until 1994[3] Tigar practiced complex commercial litigation at the law firm Keker & Van Nest from 1994 until 2002.[3] From 2002 to 2013, Tigar served as a judge on the Alameda County Superior Court.[3] Tigar is a member of the American Law Institute and serves as an Adviser to the forthcoming Restatement (Third) of Torts: Liability for Economic Loss.[4]

Federal judicial service

On June 11, 2012, President Obama nominated Tigar to be a judge on the United States District Court for the Northern District of California, taking the seat vacated by Judge Saundra Brown Armstrong, who took senior status on March 23, 2012.[3] The United States Senate Committee on the Judiciary held a hearing on his nomination on July 11, 2012, and reported his nomination to the floor on August 2. The Senate confirmed his nomination by unanimous consent on December 21, 2012, and he received his commission on January 18, 2013.[4]

Notable decisions

On November 19, 2018 Tigar issued a nationwide restraining order that barred the Trump administration from denying asylum to immigrants who crossed over the southern border between points of entry.[5][6]

References

External links

https://en.wikipedia.org/wiki/Jon_S._Tigar

Story 4: Trump’s Principled Realism Foreign Policy —  Back To 1946 — Videos

America and the World, 2017-2018 | Victor Davis Hanson

Victor Davis Hanson, the Wayne and Marcia Buske Distinguished Fellow in History at Hillsdale College, is also a senior fellow at the Hoover Institution and a professor of classics emeritus at California State University, Fresno. Dr. Hanson earned his B.A. at the University of California, Santa Cruz, and his Ph.D. in classics from Stanford University. In 2007, he was awarded the National Humanities Medal, and in 2008, he received the Bradley Prize. He is a columnist for National Review Online and for Tribune Media Services, and has published in several journals and newspapers, including Commentary, the Claremont Review of Books, The New Criterion, the New York Times, and the Wall Street Journal. Dr. Hanson has written or edited numerous books, including Wars of the Ancient Greeks, A War Like No Other: How the Athenians and Spartans Fought the Peloponnesian War, and his latest book, The Second World Wars: How the First Global Conflict Was Fought and Won.

Victor Davis Hanson reveals the nature of history, politics and the left

Victor D Hanson; Explains Perfectly how Trump pulled off the biggest Upset in Presidential History

Donald Trump’s entire foreign policy speech

U.S. Foreign Policy in the Trump Era: The Future of Great Power Politics

U.S. Foreign Policy: The Fate of Realism and Restraint in the Trump Era

The publication of the National Security Strategy (NSS) is a milestone for any presidency. A statutorily mandated document, the NSS explains to the American people, U.S. allies and partners, and federal agencies how the President intends to put his national security vision into practice on behalf of fellow citizens.

First and foremost, President Donald J. Trump’s NSS is a reflection of his belief that putting America first is the duty of our government and the foundation for effective U.S. leadership in the world. It builds on the 11 months of Presidential action thus far to renew confidence in America both at home and abroad.

Four vital, national interests—organized as the strategy’s four pillars—form the backbone of this commitment:

  1. Protect the homeland, the American people, and the American way of life
  2. Promote American prosperity
  3. Preserve peace through strength
  4. Advance American influence

This NSS and its four themes are guided by a return to principled realism.

The strategy is realist because it is clear-eyed about global competition: It acknowledges the central role of power in world affairs, affirms that sovereign states are the best hope for a peaceful world, and clearly defines our national interests. It is principled because it is grounded in the knowledge that promoting American values is key to spreading peace and prosperity around the globe.

President Trump’s ultimate goal is to leave our children and grandchildren a Nation that is stronger, better, freer, prouder, and greater than ever before.

Read a summary of the President’s National Security Strategy here.

The full NSS report is available for download here.

https://www.whitehouse.gov/articles/new-national-security-strategy-new-era/

President Trump at the UN: An Unapologetic Defense of “Principled Realism”

Sep 28th, 2018 5 min read

COMMENTARY BY Brett D. Schaefer

Senior Research Fellow in International Regulatory Affairs

Brett D. Schaefer is the Jay Kingham Fellow in International Regulatory Affairs at Heritage’s Margaret Thatcher Center for Freedom.
President Trump speaks at the 73rd General Debate at the United Nations General Assembly at United Nations Headquarters at in New York City on September 25, 2018. MONIKA GRAFF/UPI/Newscom

Addressing the United Nations for the second time in his presidency, Donald Trump spoke first to the American people, using the opportunity to tout his domestic policies and successes. “The United States is stronger, safer and a richer country than it was when I assumed office less than two years ago,” he proclaimed.

However, the bulk of the speech outlined and defended his foreign policy and international priorities—exactly what you’d expect in a speech before the world’s leaders. 

North Korea was featured prominently, as it was in last year’s speech . However, the tone could not have been more different. In 2017, the Trump warned, “Rocket Man is on a suicide mission for himself and for his regime.” This year, he expressed optimism in ongoing negotiations with North Korea. While noting that progress has been made, the president smartly cautioned that much remains to be done and vowed that “sanctions will stay in place until denuclearization occurs.”

Trump also highlighted the diplomatic effort in the Middle East to address the situation in Syria, combat ISIS, and deal with other points of instability. He reaffirmed America’s determination to “respond if chemical weapons are deployed by the Assad regime,” assist the refugees displaced by the war, and participate in UN peace negotiations.

He reserved his strongest warning for Iran:

Iran’s leaders sow chaos, death and destruction. They do not respect their neighbors or borders, or the sovereign rights of nations. Instead, Iran’s leaders plunder the nation’s resources to enrich themselves and to spread mayhem across the Middle East and far beyond . . . The Iran deal was a windfall for Iran’s leaders. In the years since the deal was reached, Iran’s military budget grew nearly 40 percent. The dictatorship used the funds to build nuclear-capable missiles, increase internal repression, finance terrorism, and fund havoc and slaughter in Syria and Yemen . . . We cannot allow the world’s leading sponsor of terrorism to possess the planet’s most dangerous weapons. We cannot allow a regime that chants “Death to America,” and that threatens Israel with annihilation, to possess the means to deliver a nuclear warhead to any city on Earth. Just can’t do it.

He made clear that the United States will continue to ratchet up pressure on Iran through sanctions and urged other nations to “support Iran’s people as they struggle to reclaim their religious and righteous destiny.” Iran is a serious threat, and the administration is right to confront it.

The most consistent theme of the speech was a robust defense of American sovereignty and security.

Early on, the president stated, “America will always choose independence and cooperation over global governance, control, and domination. I honor the right of every nation in this room to pursue its own customs, beliefs, and traditions.” He concluded the speech by noting, “Sovereign and independent nations are the only vehicle where freedom has ever survived, democracy has ever endured, or peace has ever prospered. And so we must protect our sovereignty and our cherished independence above all.”

These bookends encapsulate the U.S. belief that sovereignty derives from the governed and that efforts to impose rules, restrictions, or principles via supranational institutions upon the American people without our consent are objectionable and unjust. This notion threads through the speech in several passages including:

– The direct rejection of the International Criminal Court that claims authority to investigate and prosecute Americans even though the United States has never joined the court.

– The defense of the decision to move the U.S. embassy to Jerusalem in accordance with the right of every sovereign state to “determine its own capital.” Indeed, each of the last three U.S. presidents had promised to move the U.S. embassy to Jerusalem in accordance with U.S. law, but only President Trump actually followed through.

– The right of nations to control their borders and “confront threats to sovereignty from uncontrolled migration.”

However, the speech at times flirted unhelpfully with the idea that the United States would not criticize other nations or seek to advance core principles that America has embraced for decades. For instance, the president stated, “The United States will not tell you how to live or work or worship. We only ask that you honor our sovereignty in return.”

If the United States does believe that sovereignty is derived from the governed, then it must be a champion of civil and political rights around the world as well as self-government. Americans should not tell others how to worship, but they must instead defend their freedom to worship as their conscience dictates. This does not mean that the United States has an obligation to intervene or take direct action when people are denied these rights, but the United States should not and must not stand silent.

In fact, the failure of the Human Rights Council to champion human rights consistently and forthrightly was a central reason for the U.S. decision to withdraw from the Council this summer. This was the correct decision , and the president rightly praised Ambassador Nikki Haley’s leadership in leaving that gravely flawed body. However, the United States undermines its case if it is silent in the face of repression.

Indeed, the president’s condemnation of the “human tragedy” in Venezuela in his speech is a case in point. The president is right—socialism and communism have “produced suffering, corruption, and decay” wherever it has been tried. We do people no favors by refraining from urging them to avoid that misery or failing to condemn repressive governments that deny their people fundamental rights and freedoms.

The president also defended his recent trade actions based on sovereignty. There is no doubt that nations have the right to defend their economic interests and respond when other nations violate agreed rules, such as Chinese theft of intellectual property. But the economic benefits of trade between nations are well established and the long-term interests of the American people should lead the administration to support free trade, not protectionism.

Finally, the president focused on the need to advance U.S. interests in the UN, including asking the UN to be “more effective and accountable” and more evenly share the burden of supporting its activities. This is certainly a reasonable expectation for the largest financial supporter of the UN and is a goal pursued by U.S. administrations going back decades.

He also stated that “[m]oving forward, we will only give foreign aid to those who respect us and our friends.” This is a broad statement and not entirely clear. America provides assistance for many purposes, and it is not useful to tie allocation of all aid to support for the United States at the UN. Linking humanitarian and security aid to support of U.S. policy priorities would undermine the purposes and effectiveness of that aid. However, the United States also provides assistance to advance its broader foreign-policy interests. The UN is an important institution where governments make significant decisions, and it is entirely appropriate to use this assistance to increase support for U.S. priorities in the UN.

Overall, the speech was quintessential Trump. It was an unapologetic defense of his “principled realism” approach to foreign policy—one that elevates the interests of the United States and protection of the American people above all and explicitly rejects the more idealized global leadership role favored by the foreign-policy establishment—with significant divergence in means and goals—on the left and the right. This approach wins few plaudits in Turtle Bay and Washington, but appeals strongly to those who most concern Trump: non-coastal Americans who have grown increasingly concerned that their circumstances and welfare are irrelevant to the decisionmakers in Washington.

https://www.heritage.org/global-politics/commentary/president-trump-the-un-unapologetic-defense-principled-realism

 

The National Interest

September 26, 2018 Topic: Security Region: Americas Tags: Donald TrumpUnited NationsForeign PolicyPopulismPatriots

Trump’s Foreign Policy Successes Show Principled Realism in Action

Trump has overcome internal resistance and external pressure to deliver a string of foreign-policy successes.

by Salvatore Babones

President Donald Trump took a lot of ribbing Tuesday morning at the United Nations for proclaiming, in his usual modest style, that his administration had “accomplished more than almost any administration in the history of our country.”

But if the claim smacks of hyperbole, then the hyperbole is at least well deserved. The economy is booming, the military is rapidly recovering from fifteen years of overextension, and the Trump administration is concluding trade deals in record time.

And all this has come despite the fact that much of the country’s expert class, including many people employed in the federal government itself, have been desperately hoping for failure. If it is true that the Trump presidency is unprecedented, then it is equally true that the existence of an organized resistance campaign among erstwhile public servants is unprecedented.

Yet Trump has overcome internal resistance and external pressure to deliver an as yet uninterrupted string of foreign-policy successes : North Korea’s “Rocket Man” Kim Jong-un hasn’t launched a rocket in ten months; America’s NATO allies are finally starting to deliver on pledges to increase defense spending toward the 2 percent of GDP target agreed in 2006 ; Mexico has seemingly come to terms on long-overdue NAFTA reforms; the United States has stayed out of the Arab world’s interminable wars in Syria, Libya and Yemen; and the U.S. embassy in Israel moved to Jerusalem in May without sparking the Third Intifada predicted by Trump’s opponents.

Perhaps just as important (from a U.S. perspective), America’s long-term enemies are nearly all on the run. The Russian economy is crumbling. The Venezuelan economy has crumbled. The Iranian economy, which boomed after the nuclear deal was signed in 2015, has come back down to earth since Trump took office, and stagnated since he pulled the United States out of the deal in May.

And then there’s China. Back in December 2016, just a few weeks before Trump took office, China staged a “Trump Test,” exactly as predicted by U.S. Naval War College Professor Andrew S. Erickson. A Chinese ship sent marines on a speedboat to seize a surveillance drone from under the stern of a U.S. Navy oceanographic survey vessel. President Barack Obama politely asked for the return of the device. President-elect Trump told China to keep the drone —and implied that things would get tougher when he took office.

Under the Obama administration, Chinese forces regularly harassed U.S. vessels navigating the South China Sea. That doesn’t happen under the Trump administration. What’s more, China is now enforcing UN sanctions against North Korea, cooperation that has been crucial to bringing Kim to the nuclear bargaining table. And though China regularly threatens and bullies Taiwan, it has done little more than issue bland propaganda statements in response to expanding U.S. weapons sales to the island. Even the Trump administration’s full court press on trade has not disrupted U.S. relations with China. If anything, China’s behavior has improved.

Principled Realism

The secret to the Trump team’s success is its embrace of principled realism : in its simplest terms, the faith that America’s goals are just and American power should be exercised to support those goals. Since taking office a year and a half ago, Trump has forcefully applied American power—while avoiding his predecessors’ equation of power with military force. As a result, America is getting its way on the world stage, generally without putting American lives at risk to get it. That’s about as win-win as things come in international relations.

If anyone doubts that this newfound realism is principled, just look at the targets: North Korea, Iran, Syria, Venezuela, Russia and China. Trump has exerted strong pressure on America’s NATO allies as well—to arm themselves against Russia and other regional threats. And on international trade, Trump has pressured just about everyone to stop unfair and often illegal trading practices.

Now that the Trump era is well and truly underway, it is worth remembering that Hillary Clinton’s “reset” in U.S.-Russia relations was a hallmark of the Obama administration’s first term foreign policy. It ended in Russia’s seizure of Crimea and a proxy war in Eastern Ukraine that continues today. John Kerry’s signature issue at the start of Obama’s second term was Israeli-Palestinian peace. Nine months of inconclusive talks ended in the 2014 war in Gaza.

It may be too soon to declare victory for principled realism, but the early signs are certainly encouraging. Other countries do not always accept the principle that America’s goals are just, but history has usually vindicated the United States in the long run. And in any case, as Trump is fond of pointing out, he is not the president of the world. He is the president of the United States of America.

Two weeks into that presidency, one of America’s most respected foreign-policy scholars summarily declared that Trump Has Already Blown It , while Obama administration veterans were labeling Trump’s foreign policy the “ Grand Strategic Train Wreck .” With the midterm elections now looming, there’s little chance that these experts will admit that they were wrong. But as long as the voters keep seeing results, the chances are that Trump will stay on target.

Salvatore Babones is the author of The New Authoritarianism: Trump, Populism, and the Tyranny of Experts .

Image: U.S. President Donald Trump participates in a signing ceremony for the U.S.-Korea Free Trade Agreement with South Korean President Moon Jae-in on the sidelines of the 73rd United Nations General Assembly in New York, U.S., September 24, 2018. REUTERS/Carlos Barria

https://nationalinterest.org/feature/trumps-foreign-policy-successes-show-principled-realism-action-32042

Trump sets out national security strategy of ‘principled realism’ and global competition

President Trump spoke about dealing with Russia and China during a speech Dec. 18 in D.C., saying “We will stand up … like we have never stood up before.”

December 18, 2017

President Trump placed himself at the center of a new national security strategy Monday, casting his election as a pivot from failed policies pushed by his predecessors and presenting his “America First” doctrine as the organizing principle for U.S. engagement around the world.

In a year-end, campaign-style speech, the president emphasized his view that the United States has been cheated and taken advantage of abroad while its citizens were ill-served at home — a situation he said his security plan would seek to reverse.

“For many years, our citizens watched as Washington politicians presided over one disappointment after another; too many of our leaders — so many — who forgot whose voices they were to respect, and whose interest they were supposed to defend,” Trump said at the Ronald Reagan Building and International Trade Center in Washington, before an audience that included Cabinet secretaries, government workers and uniformed members of the military.

The National Security Strategy, a congressionally mandated mission statement, is supposed to guide an administration’s priorities for global engagement, economic bargaining and demonstrations of military strength.

While it is viewed as an important policy document, its release is usually a low-key affair and Trump is believed to be the only U.S. president to present the plan with a speech, an aide said. At times Monday, Trump seemed as intent on revisiting his electoral victory as he was on defining a new national security strategy for the country.

“You spoke loud and you spoke clear,” Trump said of his upset election last year. “On November 8, 2016, you voted to make America great again. You embraced new leadership and very new strategies and also a glorious new hope.”


President Trump speaks with Russian President Vladimir Putin during a break at a leader’s meeting at the 25th Asia-Pacific Economic Cooperation (APEC) summit in Danang, Vietnam, on Nov. 11. (S/Kreml/Epa-Efe/Rex/Shutterstock/S/Kreml/Epa-Efe/Rex/Shutterstock)

Trump, as he did during the campaign, declared the United States must push for better trade deals to remain strong when it comes to national security. “Economic security is national security,” he said. “Economic vitality, growth and prosperity at home is absolutely necessary for American power and influence abroad.”

Yet many of the trade tactics he has advocated could end up hurting the U.S. economy.

He boasted of killing the Trans­-Pacific Partnership, a trade pact between a dozen countries, but supporters of the accord say it would have helped keep Chinese economic influence at bay.

The linkage Trump drew between economic and political power is valid, but Trump’s confrontational trade policies work against his own goals, said Nicholas Burns, a Harvard Kennedy School professor and former senior State Department official.

“He is right about the philosophical point, but all his practical policies undercut it,” Burns said.

C. Fred Bergsten, veteran trade expert at the Peterson Institute for International Economics, agreed.

“There’s a germ of truth in what he says,” Bergsten conceded. U.S. policy has failed to choke off intellectual property theft, especially in China. But, Bergsten added, “his overarching point that these are terrible [trade] deals, that they adversely affect U.S. economic interests, he’s never offered a shred of proof of that.”

Trump has dismissed this type of criticism and used the speech to emphasize one of his campaign themes — that past administrations got the short-end of trade agreements because they didn’t now how to cut deals.

“Our leaders in Washington negotiated disastrous trade deals that brought massive profits to many foreign nations but sent thousands of American factories and millions of American jobs to those other countries,” he said.

Trump also boasted of his decision to withdraw from the “very expensive and unfair Paris climate accord” that President Barack Obama agreed to two years ago. But supporters of the accord say it is a small step toward slowing global warming that could prove catastrophic economically as well as from a climate view. And Obama repeatedly argued that denial of climate science would undercut renewable energy technologies that the U.S. economy needs to remain competitive in the future.

Trump’s campaign theme of “America First” formed the foundation of his remarks.

“A nation that does not protect prosperity at home cannot protect its interests abroad,” Trump said. “A nation that is not prepared to win a war is a nation not capable of preventing a war. A nation that is not proud of its history cannot be confident in its future. And a nation that is not certain of its values cannot summon the will to defend them.”

Burns argued that “what’s missing from this document is any emphasis that the U.S. has to promote democracy and human freedom, which most American presidents — John F. Kennedy, Ronald Reagan — have felt was important. He’s weakening us on these essential foundations of American power.”

Trump highlighted claimed accomplishments — including on issues not directly related to national security — a list the administration contends has not received the attention it deserves.

Alongside withdrawal from what he called unfair trade and climate deals and a sharper focus on terrorism and border security, Trump listed a soaring stock market, deregulation and the likelihood of forthcoming tax cuts.

The national security strategy documents are broad outlines of U.S. policy that guide other, more specific planning such as nuclear and ballistic missile force posture.

Trump’s version has four main organizing principles: protecting the American homeland, protecting American prosperity, preserving peace through strength and advancing U.S. influence.

He presented China and Russia as competitors that want to realign global power in their interests, potentially threatening the United States. At the same time, he added, those nations can be partners in pursuit of shared interests.

That is a familiar theme from past administrations, but the Trump document frames the contest as one that previous U.S. leaders failed to adequately recognize or counter.

“China and Russia challenge American power, influence, and interests, attempting to erode American security and prosperity,” the document says. “They are determined to make economies less free and less fair, to grow their militaries, and to control information and data to repress their societies and expand their influence.”

The president said intellectual property theft would be targeted, a clear warning to China which American companies have complained about for years. “We will no longer tolerate trading abuse,” he warned.

As a candidate, Trump accused China of “raping” the United States economically and stealing jobs. As president, he has developed and trumpeted a warm relationship with Chinese President Xi Jinping, whom he credits with helping to apply pressure on North Korea over its nuclear weapons program.

Trump also pointed to his energy policies as a source of strength at home and abroad, suggesting that the United States could use its “energy dominance” to enhance its influence.

The Trump administration has indeed sought to open up more federal lands to coal, oil, and natural gas exploration and production, but most of the domestic energy boom took place under the Obama administration. Oil output under Obama grew by more than 4 million barrels a day and natural gas output in states like Pennsylvania, Texas and Oklahoma rose rapidly.

Trump has publicly complimented Russian President Vladimir Putin, calling him “very smart,” and has sought a better relationship with Russia after years of worsening ties under Obama. He has been openly skeptical of U.S. intelligence findings that Russia mounted a systematic effort to undermine the 2016 presidential election. But Trump has not reversed congressional sanctions on Russia over its actions in Ukraine, as Putin hoped he would.

The strategy document released Monday skirts the issue of Russia’s involvement in the presidential election.

“Through modernized forms of subversive tactics, Russia interferes in the domestic political affairs of countries around the world,” the document says.

https://www.washingtonpost.com/politics/trump-sets-out-national-security-strategy-of-principled-realism-and-global-competition/2017/12/18/7edcb0be-e412-11e7-ab50-621fe0588340_story.html?noredirect=on&utm_term=.1fbe20ebc80e

National Security Strategy (United States)

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The National Security Strategy (NSS) is a document prepared periodically by the executive branch of the government of the United States for Congress which outlines the major national security concerns of the United States and how the administration plans to deal with them. The legal foundation for the document is spelled out in the Goldwater-Nichols Act. The document is purposely general in content (contrast with the National Military Strategy, NMS) and its implementation relies on elaborating guidance provided in supporting documents (including the NMS).

Contents

Purposes of the NSS Report

The stated intent of the Goldwater-Nichols legislation is broadly accepted as valid for effective political discourse on issues affecting the nation’s security–the Congress and the Executive need a common understanding of the strategic environment and the administration’s intent as a starting point for future dialogue. That said, however, it is understood that in the adversarial environment that prevails, this report can only provide a beginning point for the dialogue necessary to reach such a “common” understanding.[1]

The requirement of producing this report along with the budget request leads to an iterative, interagency process involving high level meetings that helps to resolve internal differences in foreign policy agendas. However, “this report was not to be a neutral planning document, as many academics and even some in uniform think it to be. Rather it was … intended to serve five primary purposes.” [1]

  1. Communicate the Executive’s strategic vision to Congress, and thus legitimize its requests for resources.
  2. Communicate the Executive’s strategic vision to foreign constituencies, especially governments not on the US’s summit agenda.
  3. Communicate with select domestic audiences, such as political supporters seeking Presidential recognition of their issues, and those who hope to see a coherent and farsighted strategy they could support.
  4. Create internal consensus on foreign and defense policy within the executive branch.
  5. Contribute to the overall agenda of the President, both in terms of substance and messaging.

Where the incoming executive team has not formulated a national security strategy, such as an after an election in which foreign policy and defense were not important campaign issues, the process of writing the report can be of immense importance:

Few things educate new political appointees faster as to their own strategic sensings, or to the qualities and competencies of the “permanent” government they lead within executive bureaucracies, than to have to commit in writing to the President their plans for the future and how they can be integrated, coordinated and otherwise shared with other agencies and departments. The ability to forge consensus among these competing views on direction, priorities and pace, and getting “on board” important players three political levels down from the president is recognized as an invaluable, if not totally daunting, opportunity for a new administration.[1]

Counterinsurgency objective

In order to defeat al Qaeda and the Taliban in Afghanistan, according to the National Security Strategy of 2010, the United States needs to engage in a large amount of interagency cooperation and communication with the Muslim population in Afghanistan and throughout the world.[2] The objective of the National Security Strategy is to create a stable situation for the world, including those countries struggling with insurgencies. “The most effective long-term measure for conflict and resolution is the promotion of democracy and economic development.”[3] In order to promote democracy and economic development communication with the civilian population of the host-nation is essential. The Stability Operations Field Manual states that success depends on a U.S. ability to build local institutions and in the establishment of a legitimate permanent government, which builds trust between the citizens and the counterinsurgency personnel.”[3] The National Security Strategy establishes the interagency coordination in order to conduct useful public diplomacy to secure the population in the countries of Afghanistan and Iraq.

Previous national security strategies

The National Security Strategy issued on September 17, 2002 was released in the midst of controversy over the Bush doctrine of pre-emptive war which is contained therein.[4] It also contains the notion of military pre-eminence that was reflected in a Department of Defense paper of 1992, “Defense Policy Guidance”, prepared by two principal authors (Paul Wolfowitz and I. Lewis Libby) working under then US Secretary of Defense Dick Cheney. The NSS 2002 also repeats and re-emphasizes past initiatives aimed at providing substantial foreign aid to countries that are moving towards Western-style democracy, with the “ambitious and specific target” of “doubl[ing] the size of the world’s poorest economies within a decade.”[4]:p. 21

The Bush doctrine emerges in the context of moving from the old Cold War doctrine of deterrence to a pro-active attempt to adjust policy to the realities of the current situation where the threat is just as likely to come from a terrorist group such as al-Qaeda as from a nation state such as Iraq or Iran.[5]

The document also treats AIDS as a threat to national security, promising substantial efforts to combat its spread and devastating effects.

The 2010 National Security Strategy

On May 26, 2010, the third most recent National Security Strategy was issued by President Barack Obama.[2]:p.8 The new Strategy was referred to by United Nations ambassador Susan Rice as a “dramatic departure” from its predecessor.[6] The Strategy advocated increased engagement with Russia, China and India.[7] The Strategy also identified nuclear non-proliferation and climate change as priorities,[8] while noting that the United States’s security depended on reviving its economy.[9] The drafters of the new Strategy made a conscious decision to remove terms such as “Islamic radicalism”, instead speaking of terrorism generally.[10]

The 2015 National Security Strategy

On February 6, 2015, the second most recent National Security Strategy was issued by President Barack Obama[11]:p.1310 to provide “a vision and strategy for advancing the nation’s interests, universal values, and a rules-based international order through strong and sustainable American leadership.” [12]

The 2017 National Security Strategy

President Donald Trump delivered his first national Security Strategy on December 18, 2017. The new document named China and Russia as “revisionist powers” while removing “climate change” as a national threat.[13] It also characterized the world as a competitive arena rather than a “community of nations” or “international community” as previous documents had.[14] NSS-2017 represents a break with past foreign policy doctrine. “My guess is that members of the Foreign Policy elite will encounter these first pages as a kind of boilerplate, even trite. Notice, though, that those two pages lead directly to a third page that repudiates the whole living body of American foreign policy thought. Everything since Ronald Reagan is rejected in two short paragraphs which explain exactly what four successive administrations got wrong.”[15]

Success, however, bred complacency. A belief emerged, among many, that American power would be unchallenged and self–sustaining. The United States began to drift. We experienced a crisis of confidence and surrendered our advantages in key areas. As we took our political, economic, and military advantages for granted, other actors steadily implemented their long-term plans to challenge America and to advance agendas opposed to the United States, our allies, and our partners.

We stood by while countries exploited the institutions we helped to build. They subsidized their industries, forced technology transfers, and distorted markets. These and other actions challenged America’s economic security. At home, excessive regulations and high taxes stifled growth and weakened free enterprise—history’s greatest antidote to poverty. Each time government encroached on the productive activities of private commerce, it threatened not only our prosperity but also the spirit of creation and innovation that has been key to our national greatness.[16]

See also

References

External links

In the media

https://en.wikipedia.org/wiki/National_Security_Strategy_(United_States)

 

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The Pronk Pops Show 1112, July 23, 2018, Story 1: President Trump All Caps Tweet Directed At Iranian Leadership — Don’t Mess With Trump — Vidoes — Story 2: Trump Explores Revoking Security Clearances of former Director of National Intelligence James Clapper , former National Security Adviser Susan Rice, former CIA Director John Brennan, former FBI Director James Comey, former Deputy FBI Director Andrew McCabe — Trump Should Order Attorney General Session to Appoint Second Special Counsel To Investigate and Prosecute The Clinton Obama Democrat Criminal Conspiracy — Waiting For Mueller Final Report and November 2018 Elections — Videos — Story 3: Foreign Intelligence Surveillance Court Failed When Warrant Application Was Approved Allowing Department of Justice, FBI, and Intelligence Community To Spy on American People and Republican Party Based on Clinton Campaign and Democratic National Committee Bought and Paid For Opposition Research Not Disclosed Nor Verified To FISA Court — Videos

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Story 1: President Trump All Caps Tweet Directed At Iranian Leadership — Don’t Mess With Trump — Vidoes

Sanders: Trump won’t stand for empty threats against America

Trump no nonsense approach on Iran is the right strategy: Gen. Jack Keane

Secretary Pompeo remarks on “Supporting Iranian Voices” – Speech only

Iran feeling the strain from Obama’s deal?

Trump weighs in after Iran threatens the ‘mother of all wars’ | In The News

US not afraid to sanction top Iran leaders: Pompeo

U.S. Pushes Confrontation with Iran: Trump Warns of “Consequences,” Pompeo Likens Leaders to “Mafia”

Scott Adams – President Trump’s All-Caps Tweet to Iran

 

Just tough Trump tweeting? US ratchets up Iran pressure

WASHINGTON (AP) — President Donald Trump’s explosive twitter threat to Iran’s leader comes as his administration is ratcheting up a pressure campaign on the Islamic republic that many suspect is aimed at regime change.

No one is predicting imminent war. But Trump’s bellicose, all-caps challenge addressed to President Hassan Rouhani followed a speech by Secretary of State Mike Pompeo in which he accused Iran’s leadership of massive corruption and widespread rights abuses and urged Iranians to rise up in protest.

Trump’s tweet doesn’t appear to have been prompted by any notable shift in rhetoric from Iran.

It could have been an impulsive reaction to reports from Tehran quoting Rouhani as giving the U.S. an oft-repeated reminder that conflict with Iran would be “the mother of all wars.” Yet animosity directed at the Iranian leadership is an established part of the administration’s broader foreign policy.

The White House says President Donald Trump’s threatening tweet shows he’s not going to tolerate critical rhetoric from Iran, but claims the U.S. leader isn’t escalating tensions between the two countries. (July 23)

Iran publicly shrugged off Trump’s late Sunday message — “NEVER EVER THREATEN THE UNITED STATES AGAIN OR YOU WILL SUFFER CONSEQUENCES THE LIKES OF WHICH FEW THROUGHOUT HISTORY HAVE EVER SUFFERED BEFORE.”

Tweeted Foreign Minister Mohammad Javad Zarif on Monday: COLOR US UNIMPRESSED: The world heard even harsher bluster a few months ago. And Iranians have heard them —albeit more civilized ones_for 40 yrs. We’ve been around for millennia & seen fall of empires, incl our own, which lasted more than the life of some countries. BE CAUTIOUS!”

Asked at the White House if he had concerns about provoking Iran, Trump said simply, “None at all.”

Tehran is already aware of what is coming from the administration as consequences of Trump’s May withdrawal from the 2015 nuclear accord take shape.

As Pompeo noted in his speech to Iranian-Americans and others in California on Sunday, the centerpiece will be the re-imposition of U.S. economic sanctions; the first batch will go back into force on Aug. 4 targeting the Iranian automotive sector and trade in gold and other metals. A more significant set of sanctions that will hit Iran’s oil industry and central bank by punishing countries and companies that do business with them will resume on Nov. 4.

Pompeo also slammed Iran’s political, judicial and military officials, accusing several by name of participating in rampant corruption, and called its religious leaders “hypocritical holy men” who amassed wealth while allowing their people to suffer. He said the government has “heartlessly repressed its own people’s human rights, dignity and fundamental freedoms,” and he hailed the “proud Iranian people (for) not staying silent about their government’s many abuses.”

“The United States under President Trump will not stay silent either,” he said.

He was right. True to form, Trump did not stay silent. But the White House blamed Rouhani for inciting the war of words with his comment that “America must understand well that peace with Iran is the mother of all peace and war with Iran is the mother of all wars.”

“WE ARE NO LONGER A COUNTRY THAT WILL STAND FOR YOUR DEMENTED WORDS OF VIOLENCE & DEATH. BE CAUTIOUS!,” Trump wrote.

Reaction from Congress, particularly Democrats, was swift and critical.

Democratic Sen. Jeanne Shaheen of New Hampshire, a member of the Foreign Relations Committee, acknowledged that Iran’s terrorist activities in the Middle East pose a threat but suggested it wouldn’t be solved through a tweet from Trump.

“Sadly, after pulling us out of the nuclear deal with Europe and Iran, there doesn’t seem to be strategy for how to move forward to fight Iran’s activities,” she said.

And Virginia Sen. Tim Kaine, the former Democratic vice presidential candidate, called the Twitter blast from the White House “another warning sign that Trump is blundering toward war with Iran.”

Trump’s National Security Council pushed back:

“Our differences are with the Iranian regime’s actions and, in particular, with the actions of the Islamic Revolutionary Guard Corps, not the Iranian people. The Trump administration’s Iran policy seeks to address the totality of these threats and malign activities and to bring about a change in the Iranian regime’s behavior.”

“If anybody’s inciting anything, look no further than to Iran,” said White House press secretary Sarah Sanders said. She added that Trump has been “very clear about what he’s not going to allow to take place.”

Trump has a history of firing off heated tweets that seem to quickly escalate long-standing disputes with leaders of nations at odds with the U.S.

In the case of North Korea, the verbal war cooled quickly and gradually led to the high-profile summit and denuclearization talks. Still there has been little tangible progress in a global push to rid North Korea of its nuclear weapons program since the historic Trump-Kim Jong Un summit on June 12.

___

Associated Press writers Nasser Karimi and Amir Vahdat in Tehran, David Rising in Dubai, Aron Heller in Jerusalem, Hyung-jin Kim in Seoul and Michael Casey in Concord, New Hampshire contributed.

___

This story has been corrected to correct Trump tweet: ‘Likes’ of which, not ‘like.’

https://apnews.com/33bbdee2506645859222e0f5252b288f/White-House-blames-Iran-for-war-of-words-with-Trump

 

Story 2: President Trump Explores Revoking Security Clearances of former Director of National Intelligence James Clapper , former National Security Adviser Susan Rice, former CIA Director John Brennan, former FBI Director James Comey, former Deputy FBI Director Andrew McCabe — Trump Should Order Attorney General Session to Appoint Second Special Counsel To Investigate and Prosecute The Clinton Obama Democrat Criminal Conspiracy — Waiting For Mueller Final Report and November 2018 Elections — Videos —

Trump may revoke security clearances for Obama-era officials

Rand Paul urges Trump to pull security clearances

Ex-CIA chief Brennan: Trump’s comments nothing short of treasonous

Rand Paul SHUTS DOWN Trump’s Critics & DESTROYS Obama’s Former CIA John Brennan

Scott Adams – The Newest Reason to Love Rand Paul

Clapper On President Donald Trump Revoking Security Clearance: Very Petty | Hardball | MSNBC

What’s Needed Desperately: Operation Wrath of Trump

Trump looking into revoking security clearances for Brennan, other top Obama officials

President Trump is looking into revoking the security clearances of several top Obama-era intelligence and law enforcement officials, White House Press Secretary Sarah Sanders said Monday, accusing them of having “politicized” or “monetized” their public service.

She made the announcement at Monday’s press briefing, after Sen. Rand Paul, R-Ky., called on the president to specifically revoke Trump critic and former CIA Director John Brennan’s clearance.

Sanders said Trump is considering it — and also looking into the clearances for other former officials and Trump critics: former FBI Director James Comey, former Deputy FBI Director Andrew McCabe, former Director of National Intelligence James Clapper, former National Security Adviser Susan Rice and former CIA Director Michael Hayden (who also worked under President George W. Bush).

Former federal prosecutor Andrew McCarthy on the political fallout from the IG report and the Mueller investigation.

Sanders said Trump is “exploring mechanisms” to remove the security clearances “because [the former officials] politicized and in some cases actually monetized their public service and their security clearances in making baseless accusations of improper contact with Russia.”

Sanders added that their clearances effectively give “inappropriate legitimacy to accusations with zero evidence.”

“When you have the highest level of security clearance … when you have the nation’s secrets at hand, and go out and make false [statements], the president feels that’s something to be very concerned with,” Sanders said.

According McCabe’s spokesperson Melissa Schwartz, however, his security clearance had already been deactivated when he was fired.

“Andrew McCabe’s security clearance was deactivated when he was terminated, according to what we were told was FBI policy. You would think the White House would check with the FBI before trying to throw shiny objects to the press corps…,” Schwartz tweeted Monday.

Benjamin Wittes, a friend of Comey’s, tweeted Monday afternoon that he texted the former FBI director, who told him he doesn’t have a security clearance to revoke.

When asked whether former President Barack Obama and former Vice President Joe Biden might have their security clearances revoked, Sanders said she did not have any further information.

FILE - In this June 7, 2017, file photo, FBI acting director Andrew McCabe listens during a Senate Intelligence Committee hearing about the Foreign Intelligence Surveillance Act, on Capitol Hill in Washington. McCabe drafted a memo on the firing of his onetime boss, ex-director James Comey. That’s according to a person familiar with the memo, who insisted on anonymity to discuss a secret document that has been provided to special counsel Robert Mueller. The person said the memo concerned a conversation McCabe had with Deputy Attorney General Rod Rosenstein about Rosenstein’s preparations for Comey’s firing. (AP Photo/Alex Brandon, File)

President Trump is looking into revoking former FBI Deputy Director Andrew McCabe’s security clearance, but McCabe’s spokesman said that clearance had already been deactivated.  (AP)

The topic came into the spotlight Monday morning, with Paul’s tweets against the former CIA director.

“Is John Brennan monetizing his security clearance? Is John Brennan making millions of dollars divulging secrets to the mainstream media with his attacks on @realDonaldTrump?” Paul tweeted early Monday.

Brennan joined NBC News and MSNBC in February as a contributor and senior national security and intelligence analyst. A spokesperson for the networks did not immediately respond to Fox News’ request for comment on Paul’s tweet, which did not list any specific allegations.

The Kentucky Republican, who last week jumped to Trump’s defense as the president faced bipartisan criticism over his summit and press conference with Russian President Vladimir Putin, followed up the original tweet by saying:

“Today I will meet with the President and I will ask him to revoke John Brennan’s security clearance!”

Paul’s tweets come as fellow congressional Republicans push for Brennan to testify on Capitol Hill regarding the investigation into Russian meddling and potential collusion with Trump campaign associates in the 2016 presidential election.

The former CIA director has been a consistent and harsh critic of the president, blasting his performance with Putin in Helsinki as “nothing short of treasonous.”

But Brennan is not the only former intelligence official to take to the media world. In April, Comey began a media blitz promoting his new memoir, “A Higher Loyalty,” while Hayden and Rice also frequently make media appearances.

On Twitter, just minutes after the announcement from the White House brieifing, Hayden responded in a tweet to several journalists that a loss of security clearance would not have an “effect” on him.

“I don’t go back for classified briefings. Won’t have any effect on what I say or write,” Hayden tweeted.

Brooke Singman is a Politics Reporter for Fox News. Follow her on Twitter at @brookefoxnews.

http://www.foxnews.com/politics/2018/07/23/trump-looking-into-revoking-security-clearances-for-brennan-other-top-obama-officials.html

 

 

Story 3: Foreign Intelligence Surveillance Court Failed When Warrant Application Was Approved Allowing Department of Justice, FBI, and Intelligence Community To Spy on American People and Republican Party Based on Clinton Campaign and Democratic National Committee Bought and Paid For Opposition Research Not Disclosed Nor Verified To FISA Court — Videos

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Hannity: FISA court was abused for political gain

Tucker: What the Carter Page FISA application proves

Carter Page reacts to ‘Russian spy’ accusations

DOJ RELEASES CARTER PAGE FISA DOCS

Andrew McCarthy Shocked FISA Application Used As Evidence To Spy On Carter

Judicial Watch urges WH to declassify Page FISA application

Trump calls for end to Russia probe after Carter Page surveillance records released

Bongino: Russia probe is biggest scam in modern US history

Dershowitz: FISA application provides support for both sides

BREAKING: Released FISA Warrants on Carter Page Confirm Obama FBI, DOJ Misled Courts to Spy on Trump

Malloch: My Book Details Deep State’s Plot to Destroy Trump

Ex-Trump adviser: My encounter with Mueller’s investigators

Ted Malloch Detained By FBI? WHY? McMaster, Exposing Assault on Families or His New Book?

FISA Applications Confirm: The FBI Relied on the Unverified Steele Dossier

One-time advisor of Donald Trump Carter Page addresses the audience during a presentation in Moscow, Russia, December 12, 2016. (Sergei Karpukhin/Reuters)

A salacious Clinton-campaign product was the driving force behind the Trump–Russia investigation.On a sleepy summer Saturday, after months of stonewalling, the FBI dumped 412 pages of documents related to the Carter Page FISA surveillance warrants — the applications, the certifications, and the warrants themselves. Now that we can see it all in black and white — mostly black, as they are heavily redacted — it is crystal clear that the Steele dossier, an unverified Clinton-campaign product, was the driving force behind the Trump–Russia investigation.

Based on the dossier, the FBI told the FISA court it believed that Carter Page, who had been identified by the Trump campaign as an adviser, was coordinating with the Russian government in an espionage conspiracy to influence the 2016 election.

This sensational allegation came from Christopher Steele, the former British spy. The FISA court was not told that the Clinton campaign was behind Steele’s work. Nor did the FBI and Justice Department inform the court that Steele’s allegations had never been verified. To the contrary, each FISA application — the original one in October 2016, and the three renewals at 90-day intervals — is labeled “VERIFIED APPLICATION” (bold caps in original). And each one makes this breathtaking representation:

The FBI has reviewed this verified application for accuracy in accordance with its April 5, 2001 procedures, which include sending a copy of the draft to the appropriate field office(s).

In reality, the applications were never verified for accuracy.

What ‘Verify’ Means
Consider this: The representation that the FBI’s verification procedures include sending the application to “appropriate field offices” is standard in FISA warrant applications. It is done because the FBI’s Domestic Investigations and Operations Guide (DIOG) mandates that the bureau “ensure that information appearing in a FISA application that is presented to the [Foreign Intelligence Surveillance Court] has been thoroughly vetted and confirmed.” (See House Intelligence Committee Chairman Devin Nunes March 1, 2018, letter to Attorney General Jeff Sessions, embedded here.) The point is to assure the court that the FBI has corroborated the allegations in the warrant application in the usual way.

A hypothetical shows how this works. Let’s say that X, an informant, tells the FBI in Washington that Y, a person in St. Louis, told him that Z, the suspect, is plotting to rob the bank.

X’s story is unverified; he doesn’t know anything firsthand about Z — he only knows what Y has told him. Obviously, then, the FBI does not instantly run to court and seek a warrant against Z. Instead, the bureau sends an investigative “lead” from headquarters in Washington to the FBI field office in St. Louis. FBI agents in St. Louis then go find and interview Y. Based on that interview, the FBI gathers supporting information (perhaps physical surveillance of Z, scrutiny of available documents and records about Z, etc.). Only then, after debriefing the witness with competent knowledge, do the Justice Department and FBI seek a warrant against Z from the court. In the application, they explain to the judge that they have verified X’s information by interviewing Y and then corroborating Y’s version of events. In fact, if they get solid enough information about Z from Y, there may be no reason even to mention X, whose tip to the FBI was sheer hearsay.

But that is not what happened with the Carter Page FISA warrants.

Were the allegations thoroughly vetted and confirmed by proof independent of Steele before being presented to the FISA court? No, they were not.

The FBI presented the court with allegations posited by Steele. He is in the position of X in our hypothetical. He is not the source of any of the relevant information on which the court was asked to rely for its probable-cause finding that Page was a clandestine agent of Russia. In this context, source means a reliable witness who saw or heard some occurrence on which the court is being asked to base its ruling.

Steele has not been in Russia for about 20 years. In connection with the dossier allegations, he was merely the purveyor of information from the actual sources — unidentified Russians who themselves relied on hearsay information from other sources (sometimes double and triple hearsay, very attenuated from the supposed original source).

In each Carter Page FISA warrant application, the FBI represented that it had “reviewed this verified application for accuracy.” But did the bureau truly ensure that the information had been “thoroughly vetted and confirmed”? Remember, we are talking here about serious, traitorous allegations against an American citizen and, derivatively, an American presidential campaign.

When the FBI averred that it had verified for accuracy the application that posited these allegations, it was, at best, being hyper-technical, and thus misleading. What the bureau meant was that its application correctly stated the allegations as Steele had related them. But that is not what “verification” means. The issue is not whether Steele’s allegations were accurately described; it is whether they were accurate, period. Were the allegations thoroughly vetted and confirmed by proof independent of Steele before being presented to the FISA court — which is what common sense and the FBI’s own manual mean by “verified”?

No, they were not.

There Is No Reason to Believe the Redactions Corroborate Steele
I have been making this point for months. When I made it again in a Fox and Friends interview on Sunday morning, critics asked how I could say such a thing when the warrants are pervasively redacted — how could I be so sure, given all we concededly don’t know, that the redactions do not corroborate Steele?

The critics’ tunnel vision on the redactions ignores the months of hearings and reporting on this core question, which I’ve continuously detailed. Here, for example, is what two senior Judiciary Committee senators, Charles Grassley and Lindsey Graham, wrote in a classified memo early this year after reviewing FISA applications (the memo was finally declassified and publicized over the objections of the FBI):

The bulk of the [first Carter Page FISA] application consists of allegations against Page that were disclosed to the FBI by Mr. Steele and are also outlined in the Steele dossier. The application appears to contain no additional information corroborating the dossier allegations against Mr. Page.

The senators went on to recount the concession by former FBI director James Comey that the bureau had relied on the credibility of Steele (who had previously assisted the bureau in another investigation), not the verification of Steele’s sources. In June 2017 testimony, Comey described information in the Steele dossier as “salacious and unverified.”

Moreover, the FBI’s former deputy director, Andrew McCabe, told Congress that the bureau tried very hard to verify Steele’s information but could provide no points of verification beyond the fact that Page did travel to Russia in July 2016 — a fact that required no effort to corroborate since the trip was unconcealed and widely known. (Page delivered a public commencement address at the New Economic School.) Furthermore, in British legal proceedings, Steele himself has described the information he provided to the FBI as “raw intelligence” that was “unverified.”

I freely acknowledge that we do not know what the redactions say. But we have been very well informed about what they do not say. They do not verify the allegations in the Steele dossier. I have no doubt that they have a great deal to say about Russia and its nefarious anti-American operations. But the FBI has been taking incoming fire for months about failing to corroborate Steele. No institution in America guards its reputation more zealously than does the FBI. If Steele had been corroborated, rest assured that the bureau would not be suffering in silence.

When the government seeks a warrant, it is supposed to show the court that the actual sources of information are reliable.

Plus, do you really think the FBI and Justice Department wanted to use the Steele dossier? Of course they didn’t. They undoubtedly believed Steele’s allegations (the applications say as much). That is no surprise given how much their top echelons loathed Donald Trump. But they were also well aware of the dossier’s significant legal problems — the suspect sourcing, the multiple hearsay. If they had solid evidence that verified Steele’s allegations, they would have used that evidence as their probable cause showing against Page. Instead, they used the dossier because, as McCabe told the House Intelligence Committee, without it they would have had no chance of persuading a judge that Page was a clandestine agent.

Whatever is in the redactions cannot change that.

There Is No Vicarious Credibility
To repeat what we’ve long said here, there is no vicarious credibility in investigations. When the government seeks a warrant, it is supposed to show the court that the actual sources of information are reliable — i.e., they were in a position to see or hear the relevant facts, and they are worthy of belief. It is not sufficient to show that the agent who assembles the source information is credible.

The vast majority of our investigators are honorable people who would never lie to a judge. But that is irrelevant because, in assessing probable cause, the judge is not being asked to rely on the honesty of the agent. The agent, after all, is under oath and supervised by a chain of command at the FBI and the Justice Department; the judge will generally assume that the agent is honestly and accurately describing the information he has gotten from various sources.

The judge’s main task is not to determine if the agent is credible. It is to weigh the reliability of the agent’s sources. Are the sources’ claims supported by enough evidence that the court should approve a highly intrusive warrant against an American citizen?

Here, Steele was in the position of an investigative agent relaying information. He was not a source (or informant) who saw or heard relevant facts. Even if we assume for argument’s sake that Steele is honest and reliable, that would tell us nothing about who his sources are, whether they were really in a position to see or hear the things they report, and whether they have a history of providing accurate information. Those are the questions the FBI must answer in order to vet and confirm factual allegations before presenting them to the FISA court. That was not done; the FBI relied on Steele’s reputation to vouch for his source’s claims.

The FISA Judges
In my public comments Sunday morning, I observed that the newly disclosed FISA applications are so shoddy that the judges who approved them ought to be asked some hard questions. I’ve gotten flak for that, no doubt because President Trump tweeted part of what I said. I stand by it. Still, some elaboration, which a short TV segment does not allow for, is in order.

I prefaced my remark about the judges with an acknowledgment of my own personal embarrassment. When people started theorizing that the FBI had presented the Steele dossier to the FISA court as evidence, I told them they were crazy: The FBI, which I can’t help thinking of as myFBI after 20 years of working closely with the bureau as a federal prosecutor, would never take an unverified screed and present it to a court as evidence. I explained that if the bureau believed the information in a document like the dossier, it would pick out the seven or eight most critical facts and scrub them as only the FBI can — interview the relevant witnesses, grab the documents, scrutinize the records, connect the dots. Whatever application eventually got filed in the FISA court would not even allude en passant to Christopher Steele or his dossier. The FBI would go to the FISA court only with independent evidence corroborated through standard FBI rigor.

Should I have assumed I could be wrong about that? Sure, even great institutions go rogue now and again. But even with that in mind, I would still have told the conspiracy theorists they were crazy — because in the unlikely event the FBI ever went off the reservation, the Justice Department would not permit the submission to the FISA court of uncorroborated allegations; and even if that fail-safe broke down, a court would not approve such a warrant.

It turns out, however, that the crazies were right and I was wrong. The FBI (and, I’m even more sad to say, my Justice Department) brought the FISA court the Steele-dossier allegations, relying on Steele’s credibility without verifying his information.

It turns out, however, that the crazies were right and I was wrong.

I am embarrassed by this not just because I assured people it could not have happened, and not just because it is so beneath the bureau — especially in a politically fraught case in which the brass green-lighted the investigation of a presidential campaign. I am embarrassed because what happened here flouts rudimentary investigative standards. Any trained FBI agent would know that even the best FBI agent in the country could not get a warrant based on his own stellar reputation. A fortiori, you would never seek a warrant based solely on the reputation of Christopher Steele — a non-American former intelligence agent who had political and financial incentives to undermine Donald Trump. It is always, always necessary to persuade the court that the actual sources of information allegedly amounting to probable cause are believable.

Well, guess what? No one knows that better than experienced federal judges, who deal with a steady diet of warrant applications. It is basic. Much of my bewilderment, in fact, stems from the certainty that if I had been so daft as to try to get a warrant based on the good reputation of one of my FBI case agents, with no corroboration of his or her sources, just about any federal judge in the Southern District of New York would have knocked my block off — and rightly so.

That’s why I said it.

https://www.nationalreview.com/2018/07/carter-page-fisa-applications-fbi-steele-dossier/

 

 

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Story 1: President Trump Reverses Obama’s Cuba Policies — Videos —

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Trump’s new Cuba policy, explained

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President Trump cancels Obama-era policy on Cuba, restores embargo

FULL SPEECH: President Donald Trump: “I am cancelling” Obama’s deal with Cuba! MAGA MUST SHARE 6/16

Watch Marco Rubio Slam Obama And Praise President Donald Trump For Support Of Cuba 6/16/2017

President Donald Trump Cuba Policy Change Speech Full

Cuba

Trump ‘canceling’ Obama’s Cuba policy but leaves much in place

Ramon Espinosa/AP
WATCHTrump ‘canceling’ Obama Cuba policy but leaves much in place

After nearly three years of warming relations between the United States and Cuba, President Donald Trump has announced that his administration will unravel many of his predecessor’s policies on the communist state.

Speaking in Miami, Florida, Trump announced changes to President Barack Obama’s historic rapprochement with Cuba — fulfilling a promise to the anti-Castro voting bloc he believes helped his campaign clinch the state, but stirring fear among others he could set back business interests and Cuba’s potential for a more prosperous private sector.

The Cuban government said in a statement published in the state-run newspaper Granma, “Again, the United States Government resorted to coercive methods of the past, adopting measures to intensify the blockade, in force since February 1962, which not only causes damage and deprivation to the Cuban people and constitutes an undeniable obstacle to the development of our economy, but also affects the sovereignty and interests of other countries, inciting international rejection.”

The statement continues, “The Cuban Government denounces the new measures to tighten the blockade, which are destined to fail as has been shown repeatedly in the past, and which will not achieve its purpose to weaken the revolution or to defeat the Cuban people, whose resistance to the aggressions of any type and origin has been proven over almost six decades.”

Decades of contention before Obama

In one form or another, the embargo on Cuba has been in place since the Eisenhower administration. But beginning in late 2014, Obama and Cuban President Raul Castro began a process that gradually thawed diplomatic tensions and eased commercial and travel restrictions between the two countries.

This process culminated in significant economic opportunities for both the U.S. and Cuba. American businesses, including airlines, cruise lines, and telecommunications companies, earned 26 agreements with the Cuban government from 2015 to 2017.

Hundreds of millions of U.S. dollars flowed into privately owned businesses in Cuba, The Associated Press reported , spurring the growth of a nascent middle-class that could thrive independent from the government.

For Cuba, there have been tangible benefits in tourism and telecommunications. According to the Cuban Ministry, 74 percent more American citizens visited the island in 2016 than in 2015 and, following through on a pledge to Obama, Castro opened nearly 400 new public Wi-Fi access points around Cuba.

However, the U.S. International Trade Administration told ABC News it hasn’t yet released its 2016 statistics on outbound travel and therefore could not confirm those numbers from the Cuban Ministry on U.S. tourism.

While Obama did not end the embargo on Cuba, since only Congress has that power, the U.S. and Cuba reopened embassies in each other’s capitals for the first time since 1961. The U.S. and Cuba have also signed multiple bilateral agreements to work together on everything from human and drug trafficking to maritime security and migration.

Finally, Obama ended the “wet foot, dry foot” immigration policy that applied only to Cubans. Previously, Cubans who reached U.S. shores earned automatic visas. Now, Cubans have to follow the same process as other refugees and immigrants.

What is Trump reversing?

Trump is not reversing all of Obama’s changes, but he is redefining what it means to be part of the Cuban military, which could prevent U.S. companies from doing business in Cuba. The White House explained in a fact sheet released earlier today that the policy aims to keep the Grupo de Administración Empresarial (GAESA), a conglomerate managed by the Cuban military, from benefiting from the opening in U.S.-Cuba relations.

“The profits from investment and tourism flow directly to the military. The regime takes the money and owns the industry,” Trump said. “The outcome of last administration’s executive action has been only more repression and a move to crush the peaceful democratic movement. Therefore, effective immediately, I am canceling the last administration’s completely one-sided deal with Cuba.”

This comes amid concerns that the Cuban military could be the beneficiary of increased American private investment, at a time when Castro has failed to take action on human rights. In 2016, there were 9,940 short-term detentions of protesters, up from 8,899 in 2014, the AP reports.

According to senior White House officials, Trump is also revisiting trade and travel policies toward Cuba, clamping down on individual people-to-people travel. There will still be certain exceptions under which Americans can travel to Cuba and family travel will continue to be authorized. Importantly, no changes will go into effect until the Treasury and Commerce Departments issue new regulations that conform with the administration’s policy.

Trump continued, “We will not lift sanctions on the Cuban regime until all political prisoners are free, freedoms of assembly and expression are respected, all political parties are legalized and free and internationally supervised elections are scheduled.”

The changes will certainly harm relations between Cuba and the U.S. In a hearing before the Senate Foreign Relations Committee on Tuesday, Secretary of State Rex Tillerson explained, “The general approach, if I can say that, is to allow as much of this continued commercial and engagement activity to go on as possible because we do see the sunny side, as I described it. We do see the benefits of that to the Cuban people.”

But then Tillerson qualified his statement. “On the other hand, we think we’ve achieved very little in terms of changing the behavior of the regime in Cuba and its treatment of people,” he said, “and it has little incentive to change that.”

What about diplomatic ties?

Senior White House officials say that Trump will not close the newly re-opened U.S. Embassy in Havana. He will also not reinstate the “wet foot, dry foot” policy.

To avoid alienating the Cuban-American community, which largely votes Republican, Trump will not re-implement limits on remittances — U.S. based money transfers — that Cuban-Americans can give their families back on the island. But if the administration follows through on redefining what it means to be part of the Cuban military, that could affect policies on remittances down the line.

PHOTO: Tourists ride in classic American convertible cars past the United States embassy in Havana, Cuba, Jan. 12, 2017. Ramon Espinosa/AP, file
Tourists ride in classic American convertible cars past the United States embassy in Havana, Cuba, Jan. 12, 2017.

Lobbying Trump on Cuba

Sen. Marco Rubio and Rep. Mario Diaz-Balart, both Republican, Cuban-American hardliners, lobbied Trump hard toward reversal. Importantly, the Trump administration wants to build good rapport with both. Rubio sits on the Senate Intelligence Committee, which is currently looking into the Trump campaign’s supposed contacts with Russian officials. He spoke in Miami briefly before Trump took the stage.

Rubio and Diaz-Balart won out, though there’s no shortage of actors lobbying the White House the other way. Last week, a group of House Republicans sent a letter to Trump opposing “reversing course” on Cuba. A similar group of Senate Republicans wrote to Tillerson and national security adviser H.R. McMaster, citing the entrepreneurial and national security benefits of continued engagement. Airbnb, Google and other notable businesses have also spoken out recently in support of maintaining current policies.

Tillerson had privately expressed support for Obama’s Cuba policy during the transition, according to sources. Secretary of Agriculture Sonny Perdue, when governor of Georgia in 2010, led a delegation to Cuba and said at the time to the Atlanta Journal-Constitution, “I think business cures a lot of ills.”

Leading human rights organizations, including Amnesty International and Human Rights Watch, have also urged the administration to keep Cuba open.

“More travel, more communications access, and more dialogue with Cuba are the way forward for human rights in Cuba,” Amnesty International wrote in a blog post, adding that Obama’s trip to Cuba last year opened the door to “scrutiny and transparency” of human rights on the island for the first time in nearly 10 years.

Reversing policy is bad for Cubans, Human Rights Watch said in a statement, “and insisting on human rights progress as a precondition to a new policy is unlikely to bring about change.”

What did Candidate Trump say?

During the campaign, Candidate Trump slammed Obama’s Cuba policy, telling a crowd in Miami: “All the concessions that Barack Obama has granted the Castro regime were done through executive order, which means the next president can reverse them. And that I will do unless the Castro regime meets our demands.”

But at the same time, Trump often criticizes regulations on the business community as “burdensome” and “job-killing.”

Today’s speech

Delivering a speech at the historic Manuel Artime Theater in Miami’s Little Havana neighborhood, Trump made his policy known in the center of the Cuban-American community. The president fed off of a boisterous, rowdy crowd, seeming to even attempt a Cuban accent, shouting “Little Havana!” when he took the stage. By rescinding certain Obama-era Cuba policies, he went against the advice of Democrats, Republicans and business interests. He did, however, fulfill a campaign promise.

ABC News’ Katherine Faulders, Serena Marshall and Adam Kelsey contributed to this report. 

http://abcnews.go.com/Politics/trumps-cuba-policy/story?id=48058622

Trump’s Cuba Policy Will Fail

The architect of Obama’s Cuba opening argues that the president’s rollback is a pointless mistake.

Juan Carlos Ulate / Reuters
One of the most depressing things about President Donald Trump’s decision to roll back elements of the Cuba opening is how predictable it was. A Republican candidate for president makes last-minute campaign promises to a hard-line Cuban American audience in South Florida. Senator Marco Rubio and Congressman Mario Diaz-Balart hold him to those promises. The U.S. government announces changes that will hurt ordinary Cubans, harm the image of the United States, and make it harder for Americans to do business and travel somewhere they want to go.

While President Obama raised the hopes of Americans and Cubans alike with a forward-looking opening in diplomatic, commercial and people-to-people ties, President Trump is turning back the clock to a tragically failed Cold War mindset by reimposing restrictions on those activities. While not a full reversal of the Obama opening, Trump’s actions have put relations between the United States and Cuba back into the prison of the past—setting back the prospects for reform inside of Cuba, and ignoring the voices of the Cuban people and a majority of Americans just so that he can reward a small and dwindling political constituency.

It didn’t have to be this way, and it won’t stay this way.

 

In the fall of 2014, after 16 months of secret negotiations, I travelled to the Vatican to tell representatives of Pope Francis that the United States and Cuba were prepared to begin normalizing relations. The Vatican diplomats met separately with the U.S. and Cuban delegations to verify that we were telling the truth. Then we all met together and read aloud the steps we were prepared to take. A Cardinal said the world would be moved by this example of former adversaries putting aside the past. One Vatican official who had lived in Cuba had tears in his eyes, a look of deep remembrance on his face.Cuba has long played an outsized role in the world’s imagination. To Americans, it has been the setting for the drama of mobsters, Castros, the Cold War, assassination attempts, boatlifts, and ideological conflict—mixed with the allure of a culture that finds full expression in Miami. To Latin America, Cuba has been a symbol for how United States tries to dictate the politics of the hemisphere—a legacy of democracy and economic progress, as well as coups and death squads. To the developing world, Cuba has been a symbol of sovereignty and resistance, and a supporter of revolution—for good or bad. From the Missile Crisis to the anti-apartheid movement; from the Kennedys to Obama era, this small island has put itself at the center of world events.

But Cuba is also a place where more than 11 million people live, and for decades they have suffered because of the U.S. embargo stacked on top of socialist economics and stifled political dissent. Basic goods are unavailable. Businesses cannot attract investment. Farmers are denied equipment to grow more food. Those classic cars? Cubans have had to keep them running because they’re imprisoned in an economy that is not allowed to grow along with the rest of the world. Meanwhile, Americans—who are supposed to value freedom above everything else—have been told that the only country in the world where we cannot travel is 90 miles from Florida.

Yes, the Cuban government shoulders its share of the blame. But there are dozens of authoritarian governments; we do not impose embargoes on China or Vietnam, Kazakhstan or Egypt. Last month, President Trump travelled to Saudi Arabia—a country ruled by a family, where people are beheaded and women can’t drive. He announced tens of billions of dollars in arms sales, and said: “We are not here to lecture. We are not here to tell other people how to live.” Can anyone credibly argue that Trump’s Cuba policy is motivated by a commitment to promote human rights around the world? No. Moreover, as a democracy-promotion vehicle, the embargo has been a failure. For more than 50 years, it has been in place; for more than 50 years, a Castro has governed Cuba. If anything, the embargo has provided a justification for the Cuban government to suppress political dissent in the name of protecting Cuban sovereignty.By breaking with this past, the Obama administration improved the lives of the Cuban people, and brought hope to people who had learned to live without it. The nascent Cuban private sector—shops, restaurants, taxis—grew dramatically, fueled by unlimited remittances from the United States. Over a quarter of Cubans today work in the private sector. This represents both an improvement in their quality of life, and in their human rights, as they are no longer reliant on the state for their livelihoods.
With the establishment of direct flights, cruise lines, and broadened authorization for travel to Cuba, the number of Americans visiting increased by 50 percent to over 500,000 in 2016. These travelers brought new ideas and more resources directly to the Cuban people—Airbnb estimates that $40 million in revenue have reached Cuban hosts since April 2015. Cuba also expanded access to the Internet and mobile phones. U.S. technology companies like Google took advantage of the opening to forge new agreements, including one that enhances access to the Internet for Cubans.Two governments that once plotted how to undermine one another began working together. Embassies were opened, and bilateral cooperation was initiated on the types of issues that usually guide diplomacy between neighbors: counter-narcotics, law enforcement, agriculture, testing vaccines for cancer, and responding to natural disasters like oil spills and hurricanes. In the final days of the Obama administration, the so-called Wet Foot Dry Foot policy was terminated, ending an arrangement in which any Cuban who reached the United States was paroled into the country—a hostile policy that endangered the lives of Cubans who made long overland crossings, and robbed Cuba of young people who simply came to the United States.The opening to Cuba also opened up new opportunities in Latin America and around the world. In 2015, instead of spending a Summit of the Americas defending why Cuba wasn’t allowed to attend, the United States found itself in the new position of being celebrated. U.S. diplomats participated in Cuban-hosted talks that helped end Colombia’s 40-year civil war. Cuban health care workers helped us stamp out the Ebola epidemic in West Africa.
While Trump did not take dramatic steps to restrict travel, he made it more difficult. U.S. travelers now have to go through the absurd process of figuring out if a hotel they’re staying at is owned by the Cuban military, which applies to most of Old Havana. Ominous language about requiring Americans to document their activities, and warning that they could be audited, will have a chilling effect. Despite rhetoric about supporting Cuban entrepreneurs, any reduction in travel is going to hit them—common sense suggests that someone who stays at a military-owned hotel will also ride in taxis, eat in restaurants, and shop at stores owned by ordinary Cubans. Those are the Cubans that Trump is hurting—not hotel owners who will still welcome tourists other countries.
The consequences in Latin America, and around the world, are even worse. Critics of Obama’s opening accused us of making concessions to the Cuban government. But by restoring diplomatic relations, we brought about a symbolic end to the U.S.-Cuban conflict even though we did not lift the embargo or return Guantanamo Naval Base. It’s not a “concession” to allow Americans to travel and do business somewhere. But Trump just gave the Cuban government a huge concession: Even though he didn’t fully reverse Obama’s policy, Cuba will now claim the high ground in a renewed ideological conflict with the U.S., and will find support for that position around the world.The instinct for isolation that Trump embraced will fail. Ironically, the hard-liners who pressed Trump to make these changes are only condemning themselves to future irrelevance. Polls show that over 70 percent of Americans—including a majority of Republicans—support lifting the embargo. Younger Cuban Americans are far more likely to support lifting the embargo than their parents and grandparents. Fifty-five senators have co-sponsored a bill to lift the travel ban, and Republicans from states that depend on agriculture want to promote business in Cuba. Meanwhile, the Washington Post reported that a poll showed 97 percent of the Cuban people supporting normalization with the United States.Donald Trump is delivering his remarks on Cuba at the Manuel Artime Theater, named for a leader of the Bay of Pigs Invasion. He couldn’t have found a better symbol for the past. But ultimately, the past must give way to the wishes of the people. Fidel Castro is dead. A new generation, in Cuba and the United States, doesn’t want to be defined by quarrels that pre-date their birth. The embargo should—and will—be discarded. Engagement should—and will—prevail. That is why Trump’s announcement should be seen for what it is: not as a step forward for democracy, but as the last illogical gasp of a strain of American politics with a 50-year track record of failure; one that wrongly presumes we can control what happens in Cuba. The future of Cuba will be determined by the Cuban people, and those Americans who want to help them, not hurt them.https://www.theatlantic.com/international/archive/2017/06/cuba-trump-obama-opening/530568/

Story 2: Political Elitist Establishment vs. The American People — Three Sticks Mueller Hires Clinton and Obama Donors and Lawyers For Elite Political Hit Squad Targeting President Trump For Fake Obstruction of Justice —  Trump Should Fire Mueller and Initiate A Justice Department and FBI Investigation of Barack Obama,Valery Jarrett, Hillary and Bill Clinton, Susan Rice, Loretta Lynch, James Comey and Their Staffs For Massive Criminal Activity Including Miss Handling Of Classified Documents and Destruction of Government Records, Public Corruption, Obstruction of Justice and Using Intelligence Community To Spy on American People Including Republican Candidates and Trump For Political Purposes — Videos

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Image result for cartoons on obama spying on trump and american peopleImage result for cartoons on obama spying on trump and american peopleTrump lashes out over reported obstruction of justice probe

President Trump now under INVESTIGATION for obstruction of justice by Robert Mueller 6/14/2017

Gingrich calls for special counsel to probe special counsel

Anderson Cooper CNN Panel on reports that President Trump is now under investigation by Robert Mueller

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

Jared Kushner’s business dealings now under investigation by Robert Mueller 6/15/2017

HANNITY – FIRE ROBERT MUELLER. Massive conflicts of interests

Trump confidant Christopher Ruddy says Mueller has ‘real conflicts’ as special counsel

What Would Happen If President Donald Trump Tried To Fire Robert Mueller? | For The Record | MSNBC

Rosenstein says only he can fire special counsel

Mark Levin: Robert Mueller is investigating Trump for possible obstruction of justice (June 15 2017)

Rush Limbaugh: It wouldn’t bother me if Trump fired special counsel Robert Mueller… (06-13-2017)

Should Mueller recuse himself from the Trump-Russia inquiry?

Roger Stone: Mueller Coached Comey For Last Week Testimony

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Ben Shapiro: Jeff Sesstios hearing, Trump’s Cabinet meeting, Can Bob Mueller be fired & other topics

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Tom Fitton discusses Prosecution of Trump, Pursuit of Comey Memos, & Lawsuit over Obama Shakedown

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Newt Gingrich – On Special Counsel “THESE ARE BAD PEOPLE” – GMA

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

Jay Sekulow The President’s Lawyer Explains Why Trump Must Clean His Legal House Now! 6 / 14 / 2017

Lou Dobbs : Is the left trying to overthrow Trump’s presidency? : 6/15/2017

Should President Trump fire special counsel Mueller?

“It’s Utterly Outrageous!” Tucker and Ann Coulter React to Comey Testimony

Fox and Friends : Ingraham slams ‘fake news’ about Trump firing Mueller : 6/13/2017

Lou Dobbs : Lt. Col. Shaffer: White House needs to get on the offensive : 6/13/2017

Lou Dobbs : Rep. Biggs: We need to turn the tables on Trump’s enemies : 6/13/2017

Trump dropped biggest bombshell on Loretta Lynch: Judge Napolitano

Judge Jeanine Talks To Jay Sekulow On Why Comey My Face Serious Legal Matters

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Should the special counsel’s probe be shut down?

Gohmert: “Get Rid of Mueller – He Created All Kinds of Problems …”

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Gohmert on Comey Hearing: “He was 100% Loyal to Loretta Lynch & Hillary Clinton”

Gohmert on Comey: ‘The More We Find Out, This Guy Needed To Go’

As Calls Get Louder To Investigate Loretta Lynch So Do The Calls For Mueller Firing

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Gregg Jarrett: Mueller should resign as special counsel

Lou Dobbs : Rep. Gohmert: James Comey is loyal to Lynch and Clinton : 6/8/2017

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Roger Stone: It Is Time For Us To Go On Attack

 

Rosenstein warns Americans to ‘exercise caution’ about anonymous reports

Deputy Attorney General Rod Rosenstein said Thursday evening that Americans should “exercise caution” before believing anonymously sourced reports, an apparent reference to ongoing leaks surrounding the investigation into alleged connections between Russian officials and President Trump’s campaign.

“Americans should exercise caution before accepting as true any stories any stories attributed to anonymous ‘officials,'” Rosenstein said in a statement, “particularly when they do not identify the country — let alone the branch or agency of government — with which the alleged sources supposedly are affiliated.”

Though Rosenstein’s statement did not reference the Russia investigation specifically, it was released hours after the Washington Post reported that Special Counsel Robert Mueller is investigating Jared Kushner — Trump’s senior adviser and son-in-law — over his finances and business dealings.

ROBERT MUELLER APPOINTMENT TO LEAD RUSSIA PROBE WINS BIPARTISAN PRAISE

Peter Carr, a spokesman for Mueller, did not comment on the Post report when reached by Fox News, but did say that the special counsel’s office “has undertaken stringent controls to prohibit unauthorized disclosures that deal severely with any member who engages in this conduct.”

Trump and his supporters have repeatedly complained about leaked reports about the progress of Mueller’s investigation, many of which have appeared in either the Post or The New York Times.

On Wednesday, the Post reported that Mueller was examining whether Trump has tried to obstruct justice and was seeking interviews with three administration officials: Dan Coats, the director of national intelligence; Michael Rogers, the head of the National Security Agency; and Richard Ledgett, the former NSA deputy director.

Mark Corallo, a spokesman for Trump’s personal lawyer, responded Wednesday evening to the Post report by saying: “The FBI leak of information regarding the president is outrageous, inexcusable and illegal.”

The Post report cited anonymous sources who were briefed on requests made by investigators. It was not immediately clear whether the FBI was the source of the information.

The president himself took to Twitter Wednesday morning to complain about the “phony story” in the Post, then did so again in the afternoon to question why Hillary Clinton’s conduct during the probe of her private email server was not under more scrutiny.

Rosenstein, who appointed Mueller special counsel in the Russia investigation last month, testified to lawmakers Tuesday that he has seen no evidence of good cause to fire Mueller and that he is confident that Mueller will have “the full independence he needs” to investigate thoroughly.

http://www.foxnews.com/politics/2017/06/16/rosenstein-warns-americans-to-exercise-caution-about-anonymous-reports.html

 

CORRECTED: Three members of Mueller’s team have donated to Democrats

CORRECTED: Three members of Mueller's team have donated to Democrats
© Greg Nash

Three members of special counsel Robert Mueller’s team on the Russia probe have donated to Democratic presidential campaigns and organizations, according to Federal Election Commission filings.

Jeannie Rhee, a member of Mueller’s team, donated $5,400 to Hillary Clinton’s presidential campaign PAC Hillary for America. 

Andrew Weissmann, who serves in a top post within the Justice Department’s fraud practice, is the most senior lawyer on the special counsel team, Bloomberg reported. He served as the FBI’s general counsel and the assistant director to Mueller when the special counsel was FBI director.

Before he worked at the FBI or Justice Department, Weissman worked at the law firm Jenner & Block LLP, during which he donated six times to political action committees for Obama in 2008 for a total of $4,700.

James Quarles, who served as an assistant special prosecutor on the Watergate Special Prosecution Force, has donated to over a dozen Democratic PACs since the late 1980s. He was also identified by the Washington Post as a member of Mueller’s team.

Starting in 1987, Quarles donated to Democratic candidate Michael Dukakis’s presidential PAC, Dukakis for President. Since then, he has also contributed in 1999 to Sen. Al Gore’s run for the presidency, then-Sen. John Kerry’s (D-Mass.) presidential bid in 2005, Obama’s presidential PAC in 2008 and 2012, and Clinton’s presidential pac Hillary for America in 2016.

He also donated to two Republicans, Rep. Jason Chaffetz (R-Utah) in 2015 and Sen. George Allen (R-Va.) in 2005.

The political affiliations of Mueller’s team have been spotlighted by former House Speaker Newt Gingrich (R-Ga.) an ally of Trump.

After initially hailing Mueller’s appointment as special counsel, Gingrich questioned for former FBI director’s ability to be impartial on Monday because of “who he is hiring.”

Michael R. Dreeben, who serves as the Justice Department’s deputy solicitor general, is working on a part-time basis for Mueller, The Washington Post reported Friday.

The FEC database shows a donation from a Michael W. Dreeben in 2006 of $1,000 dollars to Hillary Clinton’s Senate political action committee (PAC), Friends of Hillary. But a spokesman for the special counsel said this is not the Dreeben working for Mueller, who has a different middle initial. The FEC database identifies the Dreeben who made the contribution as deputy solicitor general in the Justice Department.

Several of the figures on Mueller’s team are well known and respected for their work at the Department of Justice.

Dreeben has reportedly received bipartisan praise for his handling of the department’s criminal appellate cases, the Post reported.

Weissmann is well-known for his work in the investigation on Volkswagen cheating on their diesel emissions tests, which they pleaded guilty to earlier this year.

Mueller, who formerly served as FBI director, was first appointed by Republican President George W. Bush in 2001.

Deputy Attorney General Rod Rosenstein appointed Mueller as special counsel last month.

CORRECTION: This story was updated at 10:03 a.m. to reflect the special counsel spokesman’s statement that Dreeben did not give a donation to Clinton. 

http://thehill.com/homenews/administration/337428-four-top-legal-experts-on-muellers-team-donated-to-democratic-causes

 

TWEET STORM

Trump Declares War on Rosenstein: ‘He Has No Qualms About Throwing Him Under a Bus’

With one tweet, the president confirmed he’s under investigation and put the man in charge of that investigation on blast.

President Donald Trump woke up on Friday and decided to publicly confirm that he is under criminal investigation—and to put his deputy attorney general in the line of fire.

After 48 hours of Trump’s allies lobbing allegations of illegal “deep state” leaks and fake-news hit jobs, Trump took to Twitter and corroborated a Wednesday report by The Washington Post that he is the target of a federal investigation into potential obstruction of justice after firing FBI Director James Comey.

“I am being investigated for firing the FBI Director by the man who told me to fire the FBI Director!” Trump wrote, apparently referring to Deputy Attorney General Rod Rosenstein. Since Rosenstein is the senior Justice Department official overseeing the inquiry after Attorney General Jeff Sessions recused himself.

Trump has stewed with anger at the Justice Department over the Russia probe, to the point where Sessions had reportedly offered his resignation. For his part, Sessions testified to the Senate on Tuesday that he was merely concurring with Rosenstein when he assented to firing Comey.

“He’s furious at Rosenstein, but the list of his people who enrage him is ever-growing,” a longtime Trump confidant, who recently spoke to the president, told The Daily Beast. “He has no qualms about throwing [Rosenstein] under a bus.”

That single tweet threatens to upend the administration’s legal and public-relations strategies surrounding an FBI probe into alleged Russian election-meddling that has expanded in recent months to include an obstruction investigation and a probe of the finances of Trump aides and associates.

 A frustrated senior Trump administration official quipped in response to the tweet, “Has anyone read him his Miranda rights?” The implication being that Trump would do well to remain silent on the issue of his own criminal investigation.

Officials spoke on the condition of anonymity so as to speak freely.

Trump digs hole, keeps going

The escalation of the probe is packed with irony. Trump’s insistence that he was not personally under investigation led him to fire the man leading the probe, which ensured a special prosecutor, which ensured Trump came personally under investigation. Now, in raging against circumstances his actions brought about, Trump has given Mueller another building block for the investigation.

“It’s clear that this tweet has not been vetted by his [Trump’s] attorney,” said former federal prosecutor Renato Mariotti. “In addition to confirming that he is under investigation, the tweet makes a factual statement regarding the president’s decision to fire James Comey, which is a subject of the investigation. You can bet that when the president testifies regarding his role in Comey’s firing, he will be asked about this tweet.”

Mueller will inevitably investigate the exact circumstances leading to the Comey firing, which he is likely to interview both Trump and Rosenstein—now in conflict with each other—about.

Even Trump’s senior aides blame the president for bringing the obstruction inquiry upon himself and the White House.

“The president did this to himself,” one senior administration official told The Daily Beast on Wednesday.

In recent weeks, the president has become increasingly convinced that forces in the FBI and the “deep state” are “out for his scalp,” as one White House aide described it. This sentiment is shared by some of his closest advisers, including his chief strategist Steve Bannon.

One senior White House official told The Daily Beast that the Trump tweet was directed, of course, specifically at Rosenstein. The official noted that it reflects what the president has been venting privately for the past couple of days regarding the “irony” of Rosenstein having a role in the sacking of Comey and his current role in the investigations that have taken over as Trump’s main obsession.

The line, according to the White House official, is emerging as one of President Trump’s preferred talking points and complaints.

Another White House official said Friday morning that they are not shocked anymore whenever the president goes off script during early-morning tweetstorms, and for “all the heartburn and misery” they might cause internally, senior aides and advisers should all have a tough callus at this stage in the presidency.

“If you haven’t made this a settled factor in your morning routine, why are you still here?” the official asked, rhetorically.

But while the president is stewing, the White House is still trying to maintain its official separation from dealing with the fallout from the investigation. Instead they’re directing press inquiries to Trump’s personal lawyer.

Asked to clarify that Trump’s tweet was referring specifically to Rosenstein, White House deputy press secretary Sarah Sanders told The Daily Beast: “Best to contact Marc Kasowitz and his team for all questions related to this matter.”

Dianne Feinstein, the senior Democrat on the Senate Judiciary Committee, took it as a direct threat to the deputy AG.

“I’m growing increasingly concerned that the president will attempt to fire not only Robert Mueller, the special counsel investigating possible obstruction of justice, but also Deputy Attorney General Rosenstein who appointed Mueller,” she said in a statement.

Can or should Rosenstein stay?

Former Justice Department officials said that Trump’s tweet has put Rosenstein, who just months ago enjoyed a sterling reputation, in an untenable position. At the minimum, Rosenstein is likely to come under overwhelming pressure to recuse himself from his role overseeing special counsel Robert Mueller’s investigation of Trump.

A former senior DOJ official said Trump’s tweet accuses Rosenstein of lying to Congress. Trump claims Rosenstein “told me to fire the FBI Director!” Shortly after Comey was fired, Rosenstein said in a statement to Congress that the memo said was “not a statement of reasons to justify a for-cause termination,” even though he “thought it was appropriate to seek a new leader” for the FBI.

“The question is, is this a bridge too far for Rod?” the former official said.

The last time the White House characterized Rosenstein as the hatchet man, he “drew a line in the sand,” as the official put it, and reportedly threatened to resign. Shortly after, Trump told NBC News that he would have fired Comey regardless of Rosenstein’s memo.

Still, it’s undeniable that Rosenstein’s memo aided Trump in firing Comey. That means the senior Justice Department official responsible for Mueller’s investigation is also a likely witness in that investigation.

“It’s long seemed to me that Rosenstein would inevitably have to recuse himself in this investigation, because he was a witness to the events surrounding the firing of James Comey and may have participated in the firing of Mr. Comey,” Mariotti continued.

“This latest statement by the president may hasten Rosenstein’s recusal or put pressure on Rosenstein to step aside or step down.”

Rosenstein has quietly acknowledged that he may need to step aside, according to ABC News. He has already testified to a House panel that he is in consultation with Justice Department ethics officials to determine if his recusal is necessary.

“You don’t recuse yourself from an investigation because a subject of the investigation is accusing you of misconduct,” said Ed Dowd, a former U.S. Attorney who helped run the special counsel investigation of the Waco raid. “This may be putting pressure on Rosenstein to say, ‘Do I really need this?’ It may be putting pressure on him to get out, but that is not a proper reason to recuse himself, there’s no question about that.”

“It should not have an effect on him in terms of recusing himself. He should not recuse himself based on tweets by someone who’s under investigation”

It has been a spectacular fall for Rosenstein. As recently as February, pillars of the legal establishment breathed a sigh of relief when the highly respected prosecutor became deputy attorney general. Instead, they have watched in horror as he wrote a legal memo in May at Trump’s request that was widely seen as a pretext for firing the FBI chief. Brookings Institution scholar Ben Wittes, editor of the influential legal blog Lawfare and a friend of Comey’s, has speculated that Rosenstein might have given Trump the “loyalty” assurance the president sought unsuccessfully from the ex-FBI director.

As respected as Rosenstein was, he also has a reputation for ambition. The view of him in legal circles, according to a former Justice Department official who wished to remain anonymous, is, “he’s wanted to be the DAG [deputy attorney general] for a long, long time.”

Should Rosenstein recuse himself—or lose his job—the next Justice Department official in line to oversee the Mueller probe is Associate Attorney General Rachel Brand, who was legal-policy chief in the George W. Bush-era department and more recently served on the government’s privacy watchdog, the Privacy and Civil Liberties Oversight Board. The conservative Brand has a reputation, former colleagues say, for extreme intelligence and integrity. Of course, the same used to be said of Rosenstein.

During one of his rare public appearances as FBI director, he laid out his position on the tyranny of the law: “We live in dangerous times, but we are not the first generation of Americans to face threats to our security,” he explained. “Like those before us, we will be judged by future generations on how we react to this crisis. And by that I mean not just whether we win the war on terrorism, because I believe we will, but also whether, as we fight that war, we safeguard for our citizens the very liberties for which we are fighting.”

Unlike many in Washington, where such sentiments can often sound like platitudes, he really means it. As former Attorney General Richard Thornburgh, who has known Mueller for more than 30 years, explained to me, “People are smart not to test him on those issues.” Larry Thompson, who, like Comey, also served as deputy attorney general under Ashcroft, told me, “When he has a point of view, you know it’s held honestly and openly. There’s no subterranean agenda.”

Mueller overall sees little gray in the world; he’s a black-or-white guy, right or wrong. His father, who was captain of a World War II Navy sub chaser, impressed on him early the importance of credibility and integrity. “You did not shade or even consider shading with him,” Mueller recalls, and ever since, matters of honor and principle had been simple. “Occasionally he’ll be a pain in the ass because he’s so strait-laced,” his late college friend and one-time FBI counselor Lee Rawls told me years ago. “There have been a couple of instances I’ve advocated cowardice and flight, and he wouldn’t have it.”

Cowardice and flight is indeed not Mueller’s style. After he and Rawls graduated from Princeton in the 1960s, before Vietnam had become the political and cultural flash point that it did later in the decade, Mueller volunteered to join the Marines and fight—earning a Purple Heart and a Bronze Star with valor for his role in an intense firefight. In Officer Candidate School, his only demerit came in a trait that would be familiar to anyone who later dealt with him as FBI director and one that should, again, worry the Trump White House today: Robert Swan Mueller III received a D in “Delegation.”

Mueller’s longtime friend Tom Wilner explained to me, “Bob’s the best of the old prep school tradition. He stands for service, integrity and has the confidence to never bend. He doesn’t do anything for himself.”

“The things that most of us would struggle with the most come relatively easy to him because his moral compass is so straight,” one aide at the FBI told me, with reflection and envy. “It’s got to be quite comforting in its own way.”

Mueller was at home at the FBI in part because it removed any hint of partisanship. The FBI, Mueller believes, is the government’s honest broker—an agency free of political interference and pressure, priding itself on objectivity and independence. “You’re free to do what you think is right,” he told me. “It’s much easier than if you have to consider the political currents.”

He had a deep appreciation as director for the bureau’s traditions and its esprit de corps. He famously, almost religiously, wore white shirts and dark suits as director—the picture of a stereotypical Hoover-era G-man—and would even gently mock aides and agents who dared to show up in his office wearing, horror of horrors, pink or even blue shirts. I long attributed his habit to his personal style and strait-laced nature, but, after he finished as director, I once asked him: Why the cult of the white shirt? He answered more philosophically than I’d ever seen him speak before—explaining that he knew he was leading the FBI through a period of wrenching change, converting it to a global intelligence agency focused around counterterrorism, and that he felt it important to keep recognizable totems of the past in place—like the tradition of the white shirt—to help agents understand it was still the same FBI they’d signed up to join.

***

A year after the showdown over STELLAR WIND, Comey journeyed from the Justice Department up the Baltimore-Washington Parkway to Fort Meade, Maryland, the headquarters of the NSA. His speech that day was purportedly in recognition of Law Day, but it carried a coded message for those few in the room who knew what had transpired in the showdown of the Terrorist Surveillance Program.

The nation of the United States, Comey explained, was a country of laws, not men. Public officials swore oaths to the Constitution, not to the president. It’s the job of the lawyers, he explained, to remove the looming crisis from a decision and examine how it will look down the road.

He then continued with words that echo more than a decade later and presage the weeks to come on Capitol Hill, where he will once again be in his element. “We know that our actions, and those of the agencies we support, will be held up in a quiet, dignified, well-lit room, where they can be viewed with the perfect, and brutally unfair, vision of hindsight,” he told the gathered NSA crowd. “We know they will be reviewed in hearing rooms or courtrooms where it is impossible to capture even a piece of the urgency and exigency felt during a crisis.”

That perfect hindsight, he argued was why the most important thing in a lawyer’s life was understanding the test of history. As he said, “‘No’ must be spoken into a storm of crisis, with loud voices all around.”

Sometime soon, in a quiet, dignified, well-lit room on Capitol Hill, Jim Comey’s going to get another chance to explain why he said no. And while he does, Bob Mueller will be toiling away, reaching deep into the government and the annals of the Trump campaign, to understand exactly what transpired last year and the events that led up to Comey’s firing.

Even at 72, Mueller has plenty of energy left—where his predecessor Louis Freeh had the same chief of staff for nearly his entire tenure, Mueller burned through chiefs of staff almost every year. “He drives at such speed that he can burn up people around him,” Comey told me of Mueller. “Some people burn people up because they’re assholes. Bob burns them up by sheer exertion.”

The night of the STELLAR WIND showdown, Mueller arrived at the hospital moments after the White House aides departed after they were unable to get Comey or Ashcroft to reauthorize the program. Mueller spoke briefly with Comey in the hallway and then entered Ashcroft’s hospital room.

“Bob, I don’t know what’s happening,” the confused attorney general told him.

“There comes a time in every man’s life when he’s tested, and you passed your test tonight,” Mueller replied, comfortingly.

While Comey and Mueller might have both thought that they had aced their biggest challenge in the early 2000s, keeping the nation safe after 9/11, as it turns out, they’re both now embarking on what history will likely remember as their ultimate test.

CORRECTION: An earlier version of this piece misidentified the mafia boss Comey prosecuted. His name was John Gotti.

http://www.politico.com/magazine/story/2017/05/18/james-comey-trump-special-prosecutor-robert-mueller-fbi-215154

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 coordinationbetween 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=.ddf5961ef89d

Eight Laws Hillary Clinton Could Be Indicted For Breaking

Photo of Kenneth P. Bergquist

KENNETH P. BERGQUIST
Brigadier General, U.S. Army (Ret)

As a former Justice Department official, I have, of late, been asked by both Democratic and Republican friends whether Hillary Clinton could be indicted for her email related actions. The simple answer is yes — she, and perhaps some of her senior staff, could be indicted for violating a number of federal criminal statutes. But for reasons that will be discussed later, it is unlikely that she will be.

Nevertheless, it is well worth discussing the various criminal provisions of federal law that she and others may have been violated based on mainstream news reports. Remember that news reporting can be incorrect or incomplete — and that Hillary Clinton, and anyone else involved, deserves every presumption of innocence. Also keep in mind that an indictment is not a conviction but rather the informed opinion of a grand jury that probable cause exists to believe one or more violations of federal criminal statutes have transpired.

This intellectual and legal research exercise should commence with a brief review of the basics of criminal jurisprudence: There are two elements of a criminal offense: the prohibited conduct as defined in statute; and the mens rea or mental intent of the individual or individuals engaging in the prohibited conduct. Thus, to gain a conviction on a criminal count in an indictment, a prosecutor must prove beyond a reasonable doubt that: (1) the prohibited conduct occurred, (2) the prohibited conduct was undertaken by the defendant, and (3) the defendant had the requisite mens rea or intent at the time.

1.) 18 U.S. Code § 793 – Gathering, transmitting or losing defense information
18 U.S. Code § 798 – Disclosure of classified information

A federal prosecutor would naturally focus first on the most serious allegations: willfully transmitting or willfully retaining Top Secret and Compartmented (TS/SCI) material using a private server system. The individual who transmits and the individual who receives and retains TS/SCI information on a private server jointly share the culpability for risking the compromise and exploitation of the information by hostile intelligence services. The prosecutor’s charging document would likely include felony counts under 18 U.S. Code § 793 and under 18 U.S. Code § 798 against each transmitting individual as well as separate counts against each receiving and retaining individual. Violation of either provision of the U.S. Code cited above is a felony with a maximum prison term of ten years.

The prohibited conduct is the insecure transmission of highly classified information, as well as the receipt and retention of highly classified information in an unapproved manner. The requisite mens rea is the willful commission of the prohibited conduct and the knowledge that compromised information could result in prejudice or injury to the United States or advantage to any foreign nation. Proof of intent to disclose the classified information is not required.

2.) U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material

If the federal prosecutors are of a charitable disposition and an accused person has been cooperative, the felony charges under 18 U.S. Code § 793 and 18 U.S. Code § 798 may be “pled-down” to a single or to multiple misdemeanor counts under 18 U.S. Code § 1924. A misdemeanor conviction would probably result in a period of probation and a less significant fine. The prohibited conduct is the unauthorized removal of classified information from government control or its retention in an unauthorized location. The mens rea required is the intent to remove from government control or the intent to store the classified information in an unauthorized location.

3.) 18 U.S. Code § 2071(b) — Concealment, removal, or mutilation generally

To sustain a charge under 18 U.S. Code § 2071(b), a federal prosecutor need only prove that the accused transferred and held the only copies of official government records (whether classified or not), the very existence of which was concealed from government records custodians. The mens rea required is that an accused knows that official government records were transferred or removed from the control of government records custodians. Violation of 18 U.S. Code § 2071(b) is a felony with a maximum prison term of three years.

4.) 18 U.S. Code § 641 – Public money, property or records

Again, if the federal prosecutors are of a charitable disposition and accused has been cooperative, the felony charges under 18 U.S. Code § 2071(b) can be “pled down” to a misdemeanor under 18 U.S. Code § 641. The prohibited conduct is the conversion of official records (whether classified or not) to the accused’s exclusive use and the mens rea is simply the intent to do so. Conviction on the lesser misdemeanor charge would likely result in a period of probation and the imposition of a fine.

5.) 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees

If it can be proven that an accused destroyed, withheld, or concealed the existence of official records being sought under subpoena by a committee of Congress, the accused can be convicted of obstruction under 18 U.S. Code § 1505. The prohibited conduct includes destruction, concealment and withholding of documents, thereby impeding or obstructing the committee’s rightful pursuit of information. The mens rea is knowledge of the committee’s interest in obtaining the official records in the accused’s custody or control. Violation of 18 U.S. Code § 1505 is a felony with a maximum prison term of five years.

6.) 18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in federal investigations

If it can be proven that an accused knowingly concealed the existence of official records being sought by the Department of State Inspector General (DOS/IG) or by the Federal Bureau of Investigation (FBI), such accused can be convicted of obstruction. The prohibited conduct is the concealment and withholding of documents that impede or obstruct an investigation. The mens rea is the intent to conceal or withhold. Violation of 18 U.S. Code § 1519 is a felony with a maximum prison term of twenty years.

7.) 18 U.S. Code § 1031 — Fraud against the United States
18 U.S. Code § 1343 – Fraud by wire, radio or television
18 U.S. Code § 1346 — Definition of “scheme or artifice to defraud”
18 U.S. Code § 371 – Conspiracy to defraud the United States

If it can be proven that an accused arranged for the Department of State to hire an Information Technology (IT) specialist to primarily administer and maintain a private server system owned by the accused, then the accused can be convicted of conspiracy to commit honest services fraud and probably wire fraud. The prohibited conduct is having the United States pay an employee salary and/or official travel funds for performing private services on behalf of accused. The mens rea is simply the knowledge of the employee’s status as a public servant and that the government was not fully reimbursed for the costs to the government of such services. The wire fraud conviction can be sought if it can be proven that accused used electronic means of communication in undertaking such scheme or artifice to defraud.

8.) 18 U.S. Code § 371 – Conspiracy to commit a federal offense

If any accused and any third party can be proven to have colluded in any violation of federal, criminal law, then all involved can be charged with criminal conspiracy as well as being charged with the underlying offense.

Indictment?

The old adage, that a good prosecutor can get a ham sandwich indicted, is bad news for any public servant who risks the compromise of classified information or otherwise violates any of the other federal criminal statutes listed above. Specifically, this Administration has a history of vigorously prosecuting and winning convictions in the mishandling of classified information and other criminal violations of the public trust.

However, Hillary Clinton is anything but a ham sandwich; and she knows it. She and her senior aides will not even be formally investigated by this Justice Department, much less indicted. The president will allow Hillary Clinton and her aides to “tough it out” for as long it is politically possible. However, if and when the political and public opinion costs of a “tough it out” tactic become too great, President Obama will simply use that famous pen of his to issue a succinct pardon and make formal mockery of the concept of equal justice.

Kenneth Bergquist served as a Deputy Assistant Attorney General in the United States Department of Justice during the Reagan Administration and serves now aspro bono legal counsel to the Special Operations Education Fund (OPSEC).

http://dailycaller.com/2015/09/21/eight-laws-hillary-clinton-could-be-indicted-for-breaking/

Yes, There Could Be Serious Legal Problems if Obama Admin Involved in Illegal Surveillance

President Trump recently tweeted claiming that former President Obama wiretapped him during his campaign. One can only imagine how nuts the media would have gone if the roles had been reversed: President Trump wiretapping either Obama or the Clintons, though his DOJ could have authority to do just that given the expansive leaks of intelligence information by Obama and Clinton supporters the last few months. Heck, he could wiretap the media at this point, legally and legitimately, as the sources of these unlawful leaks, for which Obama himself set precedent. Do liberals understand what Pandora’s Box Obama opened up by Obama using the powers of the NSA, CIA and FBI to spy on his political opponents? Even Nixon never did that.

If the stories are correct, Obama or his officials might even face prosecution. But, we are still early in all of this and there are a lot of rumors flying around so the key is if the reports are accurate. We just don’t know at this time. The stories currently are three-fold: first, that Obama’s team tried to get a warrant from a regular, Article III federal court on Trump, and was told no by someone along the way (maybe the FBI), as the evidence was that weak or non-existent; second, Obama’s team then tried to circumvent the federal judiciary’s independent role by trying to mislabel the issue one of “foreign agents,” and tried to obtain a warrant from the Foreign Intelligence Surveillance Act “courts”, and were again turned down, when the court saw Trump named (an extremely rare act of FISA court refusal of the government, suggesting the evidence was truly non-existent against Trump); and so, third, Obama circumvented both the regular command of the FBI and the regularly appointed federal courts, by placing the entire case as a FISA case (and apparently under Sally Yates at DOJ) as a “foreign” case, and then omitted Trump’s name from a surveillance warrant submitted to the FISA court, which the FISA court unwittingly granted, which Obama then misused to spy on Trump and many connected to Trump. Are these allegations true? We don’t know yet, but if any part of them are then Obama and/or his officials could face serious trouble.

Can a President be charged with a crime? Only once out of office. While in office, impeachment remains the exclusive remedy in order to avoid a single judicial branch trying to overturn an election, such as a grand jury in any part of the country could. Once out of office, a President remains immune from civil liability for his duties while President, under a 1982 decision of the United States Supreme Court. However, as the Nixon pardon attests, nothing forecloses a criminal prosecution of the President after his presidency is complete for crimes against the country. Obama, the Constitutional lawyer, should know that.

What crimes could have been committed? Ironically, for Democrats falsely accusing Attorney General Sessions, perjury and conspiracy to commit perjury, as well as intentional violations of FISA. Rather shockingly, no law currently forbids misusing the power of the presidency to spy on one’s adversaries. What the law does forbid is lying to any judicial officer to obtain any means of surveillance. What the law does forbid, under criminal penalty, is the misuse of FISA. Both derive from the protections of the Fourth Amendment itself. Under section 1809, FISA makes it a crime for anyone to either “engage in” electronic surveillance under “color of law” under FISA without following the law’s restrictions, or “disclose” or “use” information gathered from it in contravention of the statute’s sharp constrictions.

FISA, 50 USC 1801, et seq., is a very limited method of obtaining surveillance authority. The reason for its strict limits is that FISA evades the regular federal court process, by not allowing regularly, Constitutionally appointed federal judges and their magistrates to authorize surveillance the Fourth Amendment would otherwise forbid. Instead, the Chief Justice handpicks the FISA court members, who have shown an exceptional deference to the executive branch. This is because FISA court members trust the government is only bringing them surveillance about pending terror attacks or “grave hostile” war-like attacks, as the FISA statute limits itself to. Thus, a FISA application can only be used in very limited circumstances.

One important reminder about electronic surveillance. Occasionally, a law enforcement officer will hear or see or record information not allowed by the warrant, but incidental or accidental to otherwise lawful surveillance. Their job is to immediately stop listening, stop recording, and to delete such information. This is what you occasionally see in films where the agent in the van hears the conversation turn away from something criminal to a personal discussion, and the agent then turns off the listening device and stops the recording. Such films simply recognize long-standing legal practice.

FISA can only be used for “foreign intelligence information.” Now that sounds broad, but is in fact very limited under the law. The only “foreign intelligence information” allowed as a basis for surveillance is information necessary to protect the United States against actual or potential “grave” “hostile” attack, war-like sabotage or international terror. Second, it can only be used to eavesdrop on conversations where the parties to the conversation are a foreign power or an agent of a foreign power. An agent of a foreign power cannot be a United States person unless they are knowingly involved in criminal espionage. No warrant is allowed on that person unless a FISA court finds probable cause the United States person is knowingly engaged in criminal espionage. Even then, if it involves a United States person, special steps must be taken to “minimize the acquisition and retention, and prohibit the dissemination, of non publicly available information concerning un-consenting United States persons.”

This includes procedures that require they never identify the person, or the conversation, being surveilled, to the public where that information is not evidence of a particular crime. Third, the kind of information sought concerns solely information about a pending or actual attack on the country. That is why the law limits itself to sabotage incidents involving war, not any form or kind of “sabotage,” explicitly limiting itself to those acts identified in section 105 of Title 18 of the United States Code.

This bring us to Watergate-on-Steroids, or #ObamaGate. Here are the problematic aspects of the Obama surveillance on Trump’s team, and on Trump himself. First, it is not apparent FISA could ever be invoked. Second, it is possible Obama’s team may have perjured themselves before the FISA court by withholding material information essential to the FISA court’s willingness to permit the government surveillance. Third, it could be that Obama’s team illegally disseminated and disclosed FISA information in direct violation of the statute precisely prohibiting such dissemination and disclosure. FISA prohibits, under criminal penalty, Obama’s team from doing any of the three.

At the outset, the NSA should have never been involved in a domestic US election. Investigating the election, or any hacking of the DNC or the phishing of Podesta’s emails, would not be a FISA matter. It does not fit the definition of war sabotage or a “grave” “hostile” war-like attack on the United States, as constrictively covered by FISA. It is your run-of-the-mill hacking case covered by existing United States laws that require use of the regular departments of the FBI, Department of Justice, and Constitutionally Senate-appointed federal district court judges, and their appointed magistrates, not secretive, deferential FISA courts.

Out of 35,000+ requests for surveillance, the FISA court has only ever rejected a whopping 12. Apparently, according to published reports, you can add one more to that — even the FISA court first rejected Obama’s request to spy on Trump’s team under the guise of an investigation into foreign agents of a pending war attack, intelligence agents apparently returned to the court, where, it is my assumption, that they did not disclose or divulge all material facts to the court when seeking the surveillance the second time around, some of which they would later wrongfully disseminate and distribute to the public. By itself, misuse of FISA procedures to obtain surveillance is itself, a crime.

This raises the second problem: Obama’s team submission of an affidavit to to the FISA court. An application for a warrant of any kind requires an affidavit, and that affidavit may not omit material factors. A fact is “material” if it could have the possible impact of impacting the judicial officer deciding whether to authorize the warrant. Such affidavits are the most carefully drawn up, reviewed, and approved affidavits of law enforcement in our system precisely because they must be fully-disclosing, forthcoming, and include any information a judge must know to decide whether to allow our government to spy on its own. My assumption would be that intelligence officials were trying to investigate hacking of DNC which is not even a FISA covered crime, so therefore serious questions arise about what Obama administration attorneys said to the FISA court to even consider the application. If the claim was “financial ties” to Russia, then Obama knew he had no basis to use FISA at all.

Since Trump was the obvious target, the alleged failure to disclose his name in the second application could be a serious and severe violation of the obligation to disclose all material facts. Lastly, given the later behavior, it is evident any promise in the affidavit to protect the surveilled information from ever being sourced or disseminated was a false promise, intended to induce the illicit surveillance. This is criminalized both by federal perjury statutes, conspiracy statutes, and the FISA criminal laws themselves.

That raises the third problem: it seems the FISA-compelled protocols for precluding the dissemination of the information were violated, and that Obama’s team issued orders to achieve precisely what the law forbids, if published reports are true about the administration sharing the surveilled information far-and-wide to promote unlawful leaks to the press. This, too, would be its own crime, as it brings back the ghost of Hillary’s emails — by definition, FISA information is strictly confidential or it’s information that never should have been gathered. FISA strictly segregates its surveilled information into two categories: highly confidential information of the most serious of crimes involving foreign acts of war; or, if not that, then information that should never have been gathered, should be immediately deleted, and never sourced nor disseminated. It cannot be both.

Recognizing this information did not fit FISA meant having to delete it and destroy it. According to published reports, Obama’s team did the opposite: order it preserved, ordered the NSA to search it, keep it, and share it; and then Obama’s Attorney General issued an order to allow broader sharing of information and, according to the New York Times, Obama aides acted to label the Trump information at a lower level of classification for massive-level sharing of the information. The problem for Obama is simple — if it could fit a lower level of classification, then it had to be deleted and destroyed, not disseminated and distributed, under crystal clear FISA law. Obama’s team’s admission it could be classified lower, yet taking actions to insure its broadest distribution, could even put Obama smack-middle of the biggest unlawful surveillance and political-opponent-smear campaign since Nixon. Except even Nixon didn’t use the FBI and NSA for his dirty tricks.

Watergate would have never happened if Nixon felt like he could just ask the FBI or NSA to tape the calls. This is Hoover-esque abuses of the kind Bob Woodward pal, former FBI Assistant Director Mark Felt (otherwise known as Deep Throat), routinely engaged in at the FBI until convicted and removed from office. (You didn’t know that Deep Throat was really a corrupt part of Deep State, did you? Guess who ran the famous COINTELPRO? That’s right — Deep Throat. How would the public have reacted if they knew the media had been in bed with the deep state all the way back then? Maybe that was the reason Woodward, Bernstein and Bradley kept Deep Throat’s identity secret all those years?)

Democrats may regret Sessions’ recusal, as his replacement is a mini-Sessions: a long-respected, a-political, highly ethical prosecutor, Dana Boente, whose reputation is well-warranted from his service at the Tax Division, and who won’t be limited by any perceived ties to Trump, given his prior appointment by Obama. Obama himself appeared scared of Boente, as he removed Boente from the successor-to-Sessions position during the lame-duck part of Obama’s presidency, but Trump restored Boente to that role earlier this month. Democrats may get the investigation they wanted, but it may be their own that end up named in the indictment.

Robert Barnes is a California-based trial attorney whose practice focuses on tax defense, civil rights and First Amendment law. You can follow him at @Barnes_Law

http://lawnewz.com/high-profile/yes-obama-could-be-prosecuted-if-involved-with-illegal-surveillance/

The Endless Ironies of Donald J. Trump

by VICTOR DAVIS HANSON June 13, 2017 4:00 AM @VDHANSON

Pandemonium can be a revivifying purgative.

Here are the ironies of Donald Trump as president. 1) For the Left (both Political and Media)

The Left was mostly untroubled for eight years about the often unconstitutional abuses of Barack Obama — given that they saw their shared noble aims as justifying almost any means necessary to achieve them.

There was the not uncommon Rice-Gruber-Rhodes-Holder sort of deception (on Benghazi, on the conduct of Bowe Bergdahl, on the Affordable Care Act, the Iran deal, on Fast and Furious, etc.) — a required tactic because so much of the Obama agenda was antithetical to the wishes and preferences of the American electorate and thus had to be disguised and camouflaged to become enacted.

There was the pen-and-phone mockery of established federal law (the suspension of the ACA employer mandate, the Chrysler creditor reversal, the non-enforcement of federal immigration law, the institutionalization of sanctuary-city nullification).

There was the constant mythmaking (from faux red lines, deadlines, and step-over lines to the fatuity of the Cairo Speech and Iran-deal harangues). There were the abuses of presidential power (the surveillance of journalists, the selective release of the bin Laden trove to pet journalists, the likely surveilling, unmasking, and leaking through reversed targeting of political enemies).

No one worried much when Obama promised on a hot mic to Medvedev that he would be more flexible with the Russians after his reelection, as if they were to conform to a desired sort of behavior in service to Obama that would earn them dividends from him later on — the kind of unapologetic partisan “collusion” that would have earned Trump a Comey-induced indictment.

No one cared that Obama pulled all peacekeepers out of Iraq and thereby ruined what the surge had saved.

Nor did anyone fret much about the serial scandals at the GSA, the VA, the IRS, and the Secret Service, or his disastrous reset policy with Russia and the implosion of the Middle East or the strange spectacles of Obama’s interview with GloZell or polarizing Oval Office guests, such as the rapper whose album cover portrayed celebrations over a dead white judge.

True, none of these were impeachable or even major offenses. But all of them recalibrated the bar of presidential behavior.

So along came the next Republican president, empowered by Obama’s exemptions to do almost anything he wished, albeit without the thin exculpatory veneer of Ivy League pretension, multicultural indemnity, and studied smoothness.

In biblical “there is a season” fashion, for every sermon about not building your business, making too much money, or profiting at the wrong time, there was a Trump retort to profit as never before.

For every too-frequent gala golf outing of a metrosexual Obama decked out in spiffy attire, there is a plumper Trump swinging away, oblivious to the angry pack of reporters that Obama once so carefully courted. For every rapper with an ankle bracelet that went off in the White House, there is now a White House photo-op with Ted Nugent.

For every executive-order suspension of federal immigration enforcement, there is an executive-order corrective.

For every lecture on the crusades, sermons on Western genocidal history, apology tour, or Islamic mythmaking, there is an American Greatness pride in everything.

The progressive ironies continued.

If the media were to be believed when they insisted that Obama was a “god,” or that he was the smartest man ever to achieve the presidency, or that the first lady was Jackie Kennedy incarnate, or that Obama was capable of sending electrical shocks down a reporter’s leg or was sure to be a brilliant president on the basis of his pants crease or because he talked in the manner of Washington elites, then surely it could not be believed when Trump was smeared as a veritable dunce, crook, buffoon, and naïf worthy of impeachment or that his wife (fluent in several languages) was an airhead former escort girl.

By their former unhinged adoration and obsequiousness, progressives and the media undermined all future credibility in their unhinged venom and loathing of Donald Trump. Now they live with the reality that by elevating Obama into a deity, they unleashed their own worst nightmare and have reduced themselves to irrelevance.

In the end, no one believes the current venom of a CNN or a New York Times precisely because no one could have believed their prior slavish adulation.

Anderson Cooper has become Keith Olbermann, as Nancy Pelosi and Chuck Schumer meld into Maxine Waters: now malevolent rather than previously sycophantic, but in their extremism still no more credible in 2017 than they were in 2009. 2) For the Orphaned Never Trump Right (as Overrepresented in the Punditocracy as Underrepresented in the Electorate)

Even the most die-hard Never Trump conservative has had to make some adjustments. Despite assurances that Trump would not get the nomination, he did. Despite assurances that he could never be elected, he was. Despite prognostications that Trump was a liberal wolf hiding in conservative fleece, Trump’s appointments, his executive orders, his legislation pending before the Congress, his abrupt withdrawal from the Paris global-warming accords, his fierce support for vouchers, his pro-life advocacy, and his immigration normality were so far orthodoxly conservative.

Most Never Trumpers now concede that something had gone terribly wrong with their top-down party, although they resent that it was raucous billionaire Donald Trump who administered the diagnosis.

Despite suspicions that Trump’s appeal to the working class was nursed on racism, fanatic nationalism, xenophobia, and nativism, the appeal instead grew from a shared disgust with blue-stocking Republicans who were perceived in word and deed as little different from coastal Democratic look-alikes. Most Never Trumpers now concede that something had gone terribly wrong with their top-down party, although they resent that it was raucous billionaire Donald Trump who administered the diagnosis.

Where Never Trump conservatives worried that Trump was too uninformed or too reckless (e.g., pulling out of an “obsolete” NATO, rejecting Article 5 of the NATO alliance, starting a trade war with China, or erecting tariffs in 1920s style), Trump was forced to separate his past rhetoric from present reality — confirming in a way his transparent art-of-the-deal negotiating style of asking for twice what he could acceptably settle for, or acting unhinged to unsettle negotiators, enemies, and rivals. Given these surprises, the Never Trump position has now receded to a simpler proposition: The uncouth character of Donald J. Trump is not worth the conservative agenda that he may well enact, as we all will eventually and inevitably learn. Or how can conservative moralists stomach such a supposedly immoral incarnation of their own views? Such a paradox hinges on four corollaries, many of them dubious.

One: The ideological trajectory of a probable 16 years of Obama–Hillary Clinton progressive transformation of the country was never as dangerous as turning over executive power to someone as purportedly uncouth and unpredictable as Trump.

Two: Trump’s character defects were like none other in a previous American president (which would include John Kennedy’s pathological and dangerous womanizing, Lyndon Johnson’s in-office profiteering and crudity, Richard Nixon’s disrespect for truth and the law, Bill Clinton’s demonstrable White House sex escapades and lying under oath) and thus would cancel out the entire gamut of renewed energy production, deregulation, tax reform, deterrent foreign policy, Obamacare reform, and the sort of Cabinet appointment that will prune back the deep state.

Three: Ideas matter more than politics and governance. Being 51 (or far more) percent preferable is still either not being preferable at all or at least not enough to warrant pragmatic assent.

Four: Even snarky and “see, how I was right” attacks on Trump from the right keep conservatism honest, rather than implode it in the manner that the Left most assiduously avoids. (Was there ever a “Never Hillary” movement after the Democratic convention to protest her pollution of the Democratic National Committee?)

For now, the fallback position of “I told you so” hinges on Trump’s proving, in a downward spiral, far more recklessly obstreperous in the future than he has been so far, and on his agenda’s either fossilizing or reverting to his own 1980s liberal outlook. 3) Always Trump There are few ironies for Always Trumpers who supported Trump from well before the primaries. They wished an iron wrecking ball to be thrown into the deep-state glass, and they certainly got what they wished for. The uncouthness of Trump is not vulgarity for them. It’s the necessary tough antidote to what they see as the polished crudity of the elite class, who are quite indecent in their sanctimonious lectures on amnesties or globalized free but unfair trade — while having the personal means of navigating around the deleterious consequences of their own advocacy. Trump’s nihilistic and self-destructive tweets are yet again, for the Always Trumpers, the Semtex that helps blow up the entire spectacle of the feeding frenzy Washington press conference, the embarrassment of the White House Correspondents Dinner, the soft-ball televised interview, and the moral preening of television’s talking heads. Dr. Sawbones Trump smelled a festering wound, ripped off the scab, and proclaimed that the exposure would aerate and cure the gangrenous mass below. For the Always Trumpers, without the Trump shock, we would never have fully appreciated just how politically crude a Stephen Colbert really was, or just how obscene was a Tom Perez or

3) Always Trump There are few ironies for Always Trumpers who supported Trump from well before the primaries. They wished an iron wrecking ball to be thrown into the deep-state glass, and they certainly got what they wished for. The uncouthness of Trump is not vulgarity for them. It’s the necessary tough antidote to what they see as the polished crudity of the elite class, who are quite indecent in their sanctimonious lectures on amnesties or globalized free but unfair trade — while having the personal means of navigating around the deleterious consequences of their own advocacy. Trump’s nihilistic and self-destructive tweets are yet again, for the Always Trumpers, the Semtex that helps blow up the entire spectacle of the feeding frenzy Washington press conference, the embarrassment of the White House Correspondents Dinner, the soft-ball televised interview, and the moral preening of television’s talking heads. Dr. Sawbones Trump smelled a festering wound, ripped off the scab, and proclaimed that the exposure would aerate and cure the gangrenous mass below. For the Always Trumpers, without the Trump shock, we would never have fully appreciated just how politically crude a Stephen Colbert really was, or just how obscene was a Tom Perez or a Senator Gillibrand, or how rankly partisan was a Chuck Schumer or how incapacitated a Nancy Pelosi. Dr. Sawbones Trump smelled a festering wound, ripped off the scab, and proclaimed that the exposure would aerate and cure the gangrenous mass below — however crudely administered the remedy without analgesics. In this view, Trump’s ostensibly counterproductive outbursts and Twitter rants are the unpleasant castor oil that was long ago needed to break up and pass on a constipated, corrupt, and incestuous elite.

4) Trump, Better Far Than the Alternative Lastly, there are the conservatives and Republicans (well over 90 percent) who voted for Trump on the grounds that, while he may not have been preferable to most of the alternatives in the primary, he most certainly was in the general election. For these pragmatists, there are both pleasant and occasionally worrisome ironies. On the upside, it seems clear that Trump is not just conservative to his word, but, in the first 100 days, conservative in terms of policy to a degree unlike any other Republican president or presidential nominee since Ronald Reagan. Mitt Romney would not have yanked the U.S. out of the jerry-rigged Paris climate accord. John McCain would not have appointed a Neal Gorsuch or proposed to radically recalibrate the tax code. Neither of the two Bushes would have felt politically secure enough to shut down the border to illegal immigration; neither would have pressed to finished the border wall. None since Reagan would have made the sort of conservative appointments at the cabinet and bureaucratic level as has Trump. If Trump were really a namby-pamby conservative, the sheer hatred of Trump the person by the progressive Left has had the predictable effect of making him against everything his loudest enemies are for. For the realist Trump supporters, Trump’s tweets or outbursts are often regrettable and occasionally bothersome, but not so much because they demonstrate an unprecedented level of presidential indecency. (Cynical realists with knowledge of history accept what FDR or JFK was capable of, and thus what they said in private conservations, and occasionally out loud.) Trump’s sin, then, is that he more often says out loud what prior presidents kept to their inner circle. Rather, their worry is more tactical and strategic: Trump, the bull-in-the-china-shop messenger, breaks up too much of the vital message of Trump. In public, they may cringe at Trump’s excesses (though enjoying in private how he forces sanctimonious progressives to melt down), but their worry over Trump’s overkill is mostly from the fear that no mortal 70-year-old male, without a traditionally loyal support staff, but with unhealthy sleep and diet habits, and under the stress of historic vituperation, could see through such an ambitious conservative agenda. They are worried, then, that the 24/7 and extraneous fights that Trump picks will eventually undo him, and with his demise will go his entire conservative resurgence for a generation. They admire enormously Mike Pence but concede that he would have been neither nominated nor elected. And should Trump fall, Pence would be unable amid the nuclear fallout to press the conservative agenda further. And yet there is some doubt even here as well. Trump’s tweets can be as prescient as they are reckless.

Take the infamous “Just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory” and substitute “Obama administration” for Obama, and “surveil” for “wires tapped,” and Trump’s tweet about the former president’s intelligence agencies improperly monitoring him may yet prove in a broad sense correct.

In other words, cringe-worthy Trump behavior so often is the lubricant that oils his success against cringe-worthy opponents, turning upside down the Heraclitean axiom that character is destiny, or rather redefining it, because Trump’s targets so often were hubristic and deserved the nemesis sent their way.

For the realist Trump supporters, Trump’s tweets or outbursts are often regrettable and occasionally bothersome, but not so much because they demonstrate an unprecedented level of presidential indecency. (Cynical realists with knowledge of history accept what FDR or JFK was capable of, and thus what they said in private conservations, and occasionally out loud.)

Trump’s sin, then, is that he more often says out loud what prior presidents kept to their inner circle. Rather, their worry is more tactical and strategic: Trump, the bull-in-the-china-shop messenger, breaks up too much of the vital message of Trump. In public, they may cringe at Trump’s excesses (though enjoying in private how he forces sanctimonious progressives to melt down), but their worry over Trump’s overkill is mostly from the fear that no mortal 70-year-old male, without a traditionally loyal support staff, but with unhealthy sleep and diet habits, and under the stress of historic vituperation, could see through such an ambitious conservative agenda.

They are worried, then, that the 24/7 and extraneous fights that Trump picks will eventually undo him, and with his demise will go his entire conservative resurgence for a generation.

They admire enormously Mike Pence but concede that he would have been neither nominated nor elected. And should Trump fall, Pence would be unable amid the nuclear fallout to press the conservative agenda further. And yet there is some doubt even here as well. Trump’s tweets can be as prescient as they are reckless. Take the infamous “Just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory” and substitute “Obama administration” for Obama, and “surveil” for “wires tapped,” and Trump’s tweet about the former president’s intelligence agencies improperly monitoring him may yet prove in a broad sense correct. In other words, cringe-worthy Trump behavior so often is the lubricant that oils his success against cringe-worthy opponents, turning upside down the Heraclitean axiom that character is destiny, or rather redefining it, because Trump’s targets so often were hubristic and deserved the nemesis sent their way.

It may not be that Trump earns hatred for unnecessary provocation and vitriol, but instead that he or any other Republican would have earned such venom anyway; thus his own searing tactics and narcissistic belief in his own destiny are predicated on the assumption that his unhinged enemies will vaporize first. And he may be right. James Comey has underestimated Donald Trump every bit as much as Marco Rubio or Hillary Clinton or Barack Obama did. In the end, the pragmatists apparently believe conservatives will hang together or hang separately.

Never have so many bright people proved so dense.

Never have polls and politics proved so unreliable or partisan. Never have unintended consequences so replaced predictable results.

Yes, we are in chaos, but we sense also that the pandemonium is purgative of the worse that prompted it — and it is unpleasant mostly because it has so long been overdue.

NRO contributor Victor Davis Hanson is a senior fellow at the Hoover Institution and the author of The Second World Wars: How the First Global Conflict Was Fought and Won, to appear in October from Basic Books.

 http://www.nationalreview.com/article/448562/donald-trump-ironies-wrecking-ball-long-overdue-may-benefit-country

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