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Gary Edwards

What the hell just happened? 'Tyranny By Executive Order' | by Constitutional Attorney ... - 0 views

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    "What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama's signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought. Unfortunately, that is the real story, but it is generally being overlooked. The fact is that with a few strokes of his pen Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it. Here are the sections of the Executive Order that he will use: "1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system." What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates our fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm. "2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system." This should be read in conjunction with section 16 of the order that says: "16. Clarify that the Affordable Care Act does not prohibit doctors
Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

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    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Gary Edwards

"War is a Racket" by General Smedly Butler - 1 views

  • by MAJOR GENERAL SMEDLEY D. BUTLER, USMC - Retired TWO-TIME Congressional Medal of Honor Recipient FULL TEXT ON LINE FREE
  • GET THE NEW PAPERBACK EDITION including two bonus titles.
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    An accidental find, the full text online of USMC Maj. Gen. Smedley Butler's 1935 book, War Is a Racket. Butler served in the Marine Corps from 1899 to 1931 and at the time of his retirement was the most-decorated Marine in history, for both valor and accomplishments. Following his retirement, he became a vehement anti-war activist and public speaker.  This book is easily his most-cited and most-quoted published work. You can capture the flavor from an article he published in a magazine that included the following lines: "I spent 33 years and four months in active military service and during that period I spent most of my time as a high class muscle man for Big Business, for Wall Street and the bankers. In short, I was a racketeer, a gangster for capitalism. I helped make Mexico and especially Tampico safe for American oil interests in 1914. I helped make Haiti and Cuba a decent place for the National City Bank boys to collect revenues in. I helped in the raping of half a dozen Central American republics for the benefit of Wall Street. I helped purify Nicaragua for the International Banking House of Brown Brothers in 1902-1912. I brought light to the Dominican Republic for the American sugar interests in 1916. I helped make Honduras right for the American fruit companies in 1903. In China in 1927 I helped see to it that Standard Oil went on its way unmolested. Looking back on it, I might have given Al Capone a few hints. The best he could do was to operate his racket in three districts. I operated on three continents." http://en.wikipedia.org/wiki/Smedley_Butler#Lectures  I look forward to reading this book. The book was reprinted in 2003 and is available from the linked web site, together with two bonus titles. 
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    "WAR IS A RACKET" - free online book CHAPTER ONE WAR is a racket. It always has been. It is possibly the oldest, easily the most profitable, surely the most vicious. It is the only one international in scope. It is the only one in which the profits are reckoned in dollars and the losses in lives. A racket is best described, I believe, as something that is not what it seems to the majority of the people. Only a small "inside" group knows what it is about. It is conducted for the benefit of the very few, at the expense of the very many. Out of war a few people make huge fortunes. In the World War [I] a mere handful garnered the profits of the conflict. At least 21,000 new millionaires and billionaires were made in the United States during the World War. That many admitted their huge blood gains in their income tax returns. How many other war millionaires falsified their tax returns no one knows. How many of these war millionaires shouldered a rifle? How many of them dug a trench? How many of them knew what it meant to go hungry in a rat-infested dug-out? How many of them spent sleepless, frightened nights, ducking shells and shrapnel and machine gun bullets? How many of them parried a bayonet thrust of an enemy? How many of them were wounded or killed in battle? Out of war nations acquire additional territory, if they are victorious. They just take it. This newly acquired territory promptly is exploited by the few - the selfsame few who wrung dollars out of blood in the war. The general public shoulders the bill. And what is this bill? This bill renders a horrible accounting. Newly placed gravestones. Mangled bodies. Shattered minds. Broken hearts and homes. Economic instability. Depression and all its attendant miseries. Back-breaking taxation for generations and generations. For a great many years, as a soldier, I had a suspicion that war was a racket; not until I retired to civil life did I fully realize it. Now that I see the international war clouds g
Paul Merrell

CURIA - Documents - 0 views

  • 37      It must be stated that the interference caused by Directive 2006/24 with the fundamental rights laid down in Articles 7 and 8 of the Charter is, as the Advocate General has also pointed out, in particular, in paragraphs 77 and 80 of his Opinion, wide-ranging, and it must be considered to be particularly serious. Furthermore, as the Advocate General has pointed out in paragraphs 52 and 72 of his Opinion, the fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the minds of the persons concerned the feeling that their private lives are the subject of constant surveillance.
  • 43      In this respect, it is apparent from recital 7 in the preamble to Directive 2006/24 that, because of the significant growth in the possibilities afforded by electronic communications, the Justice and Home Affairs Council of 19 December 2002 concluded that data relating to the use of electronic communications are particularly important and therefore a valuable tool in the prevention of offences and the fight against crime, in particular organised crime. 44      It must therefore be held that the retention of data for the purpose of allowing the competent national authorities to have possible access to those data, as required by Directive 2006/24, genuinely satisfies an objective of general interest.45      In those circumstances, it is necessary to verify the proportionality of the interference found to exist.46      In that regard, according to the settled case-law of the Court, the principle of proportionality requires that acts of the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not exceed the limits of what is appropriate and necessary in order to achieve those objectives (see, to that effect, Case C‑343/09 Afton Chemical EU:C:2010:419, paragraph 45; Volker und Markus Schecke and Eifert EU:C:2010:662, paragraph 74; Cases C‑581/10 and C‑629/10 Nelson and Others EU:C:2012:657, paragraph 71; Case C‑283/11 Sky Österreich EU:C:2013:28, paragraph 50; and Case C‑101/12 Schaible EU:C:2013:661, paragraph 29).
  • 67      Article 7 of Directive 2006/24, read in conjunction with Article 4(1) of Directive 2002/58 and the second subparagraph of Article 17(1) of Directive 95/46, does not ensure that a particularly high level of protection and security is applied by those providers by means of technical and organisational measures, but permits those providers in particular to have regard to economic considerations when determining the level of security which they apply, as regards the costs of implementing security measures. In particular, Directive 2006/24 does not ensure the irreversible destruction of the data at the end of the data retention period.68      In the second place, it should be added that that directive does not require the data in question to be retained within the European Union, with the result that it cannot be held that the control, explicitly required by Article 8(3) of the Charter, by an independent authority of compliance with the requirements of protection and security, as referred to in the two previous paragraphs, is fully ensured. Such a control, carried out on the basis of EU law, is an essential component of the protection of individuals with regard to the processing of personal data (see, to that effect, Case C‑614/10 Commission v Austria EU:C:2012:631, paragraph 37).69      Having regard to all the foregoing considerations, it must be held that, by adopting Directive 2006/24, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8 and 52(1) of the Charter.
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  • 58      Directive 2006/24 affects, in a comprehensive manner, all persons using electronic communications services, but without the persons whose data are retained being, even indirectly, in a situation which is liable to give rise to criminal prosecutions. It therefore applies even to persons for whom there is no evidence capable of suggesting that their conduct might have a link, even an indirect or remote one, with serious crime. Furthermore, it does not provide for any exception, with the result that it applies even to persons whose communications are subject, according to rules of national law, to the obligation of professional secrecy. 59      Moreover, whilst seeking to contribute to the fight against serious crime, Directive 2006/24 does not require any relationship between the data whose retention is provided for and a threat to public security and, in particular, it is not restricted to a retention in relation (i) to data pertaining to a particular time period and/or a particular geographical zone and/or to a circle of particular persons likely to be involved, in one way or another, in a serious crime, or (ii) to persons who could, for other reasons, contribute, by the retention of their data, to the prevention, detection or prosecution of serious offences.
  • 1        These requests for a preliminary ruling concern the validity of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).
  • Digital Rights Ireland Ltd (C‑293/12)vMinister for Communications, Marine and Natural Resources,Minister for Justice, Equality and Law Reform,Commissioner of the Garda Síochána,Ireland,The Attorney General,intervener:Irish Human Rights Commission, andKärntner Landesregierung (C‑594/12),Michael Seitlinger,Christof Tschohl and others,
  • 65      It follows from the above that Directive 2006/24 does not lay down clear and precise rules governing the extent of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter. It must therefore be held that Directive 2006/24 entails a wide-ranging and particularly serious interference with those fundamental rights in the legal order of the EU, without such an interference being precisely circumscribed by provisions to ensure that it is actually limited to what is strictly necessary.66      Moreover, as far as concerns the rules relating to the security and protection of data retained by providers of publicly available electronic communications services or of public communications networks, it must be held that Directive 2006/24 does not provide for sufficient safeguards, as required by Article 8 of the Charter, to ensure effective protection of the data retained against the risk of abuse and against any unlawful access and use of that data. In the first place, Article 7 of Directive 2006/24 does not lay down rules which are specific and adapted to (i) the vast quantity of data whose retention is required by that directive, (ii) the sensitive nature of that data and (iii) the risk of unlawful access to that data, rules which would serve, in particular, to govern the protection and security of the data in question in a clear and strict manner in order to ensure their full integrity and confidentiality. Furthermore, a specific obligation on Member States to establish such rules has also not been laid down.
  • 34      As a result, the obligation imposed by Articles 3 and 6 of Directive 2006/24 on providers of publicly available electronic communications services or of public communications networks to retain, for a certain period, data relating to a person’s private life and to his communications, such as those referred to in Article 5 of the directive, constitutes in itself an interference with the rights guaranteed by Article 7 of the Charter. 35      Furthermore, the access of the competent national authorities to the data constitutes a further interference with that fundamental right (see, as regards Article 8 of the ECHR, Eur. Court H.R., Leander v. Sweden, 26 March 1987, § 48, Series A no 116; Rotaru v. Romania [GC], no. 28341/95, § 46, ECHR 2000-V; and Weber and Saravia v. Germany (dec.), no. 54934/00, § 79, ECHR 2006-XI). Accordingly, Articles 4 and 8 of Directive 2006/24 laying down rules relating to the access of the competent national authorities to the data also constitute an interference with the rights guaranteed by Article 7 of the Charter. 36      Likewise, Directive 2006/24 constitutes an interference with the fundamental right to the protection of personal data guaranteed by Article 8 of the Charter because it provides for the processing of personal data.
  • JUDGMENT OF THE COURT (Grand Chamber)8 April 2014 (*)(Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or public communications networks services — Retention of data generated or processed in connection with the provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union)In Joined Cases C‑293/12 and C‑594/12,
  • 60      Secondly, not only is there a general absence of limits in Directive 2006/24 but Directive 2006/24 also fails to lay down any objective criterion by which to determine the limits of the access of the competent national authorities to the data and their subsequent use for the purposes of prevention, detection or criminal prosecutions concerning offences that, in view of the extent and seriousness of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter, may be considered to be sufficiently serious to justify such an interference. On the contrary, Directive 2006/24 simply refers, in Article 1(1), in a general manner to serious crime, as defined by each Member State in its national law.61      Furthermore, Directive 2006/24 does not contain substantive and procedural conditions relating to the access of the competent national authorities to the data and to their subsequent use. Article 4 of the directive, which governs the access of those authorities to the data retained, does not expressly provide that that access and the subsequent use of the data in question must be strictly restricted to the purpose of preventing and detecting precisely defined serious offences or of conducting criminal prosecutions relating thereto; it merely provides that each Member State is to define the procedures to be followed and the conditions to be fulfilled in order to gain access to the retained data in accordance with necessity and proportionality requirements.
  • 55      The need for such safeguards is all the greater where, as laid down in Directive 2006/24, personal data are subjected to automatic processing and where there is a significant risk of unlawful access to those data (see, by analogy, as regards Article 8 of the ECHR, S. and Marper v. the United Kingdom, § 103, and M. K. v. France, 18 April 2013, no. 19522/09, § 35).56      As for the question of whether the interference caused by Directive 2006/24 is limited to what is strictly necessary, it should be observed that, in accordance with Article 3 read in conjunction with Article 5(1) of that directive, the directive requires the retention of all traffic data concerning fixed telephony, mobile telephony, Internet access, Internet e-mail and Internet telephony. It therefore applies to all means of electronic communication, the use of which is very widespread and of growing importance in people’s everyday lives. Furthermore, in accordance with Article 3 of Directive 2006/24, the directive covers all subscribers and registered users. It therefore entails an interference with the fundamental rights of practically the entire European population. 57      In this respect, it must be noted, first, that Directive 2006/24 covers, in a generalised manner, all persons and all means of electronic communication as well as all traffic data without any differentiation, limitation or exception being made in the light of the objective of fighting against serious crime.
  • 62      In particular, Directive 2006/24 does not lay down any objective criterion by which the number of persons authorised to access and subsequently use the data retained is limited to what is strictly necessary in the light of the objective pursued. Above all, the access by the competent national authorities to the data retained is not made dependent on a prior review carried out by a court or by an independent administrative body whose decision seeks to limit access to the data and their use to what is strictly necessary for the purpose of attaining the objective pursued and which intervenes following a reasoned request of those authorities submitted within the framework of procedures of prevention, detection or criminal prosecutions. Nor does it lay down a specific obligation on Member States designed to establish such limits. 63      Thirdly, so far as concerns the data retention period, Article 6 of Directive 2006/24 requires that those data be retained for a period of at least six months, without any distinction being made between the categories of data set out in Article 5 of that directive on the basis of their possible usefulness for the purposes of the objective pursued or according to the persons concerned.64      Furthermore, that period is set at between a minimum of 6 months and a maximum of 24 months, but it is not stated that the determination of the period of retention must be based on objective criteria in order to ensure that it is limited to what is strictly necessary.
  • 52      So far as concerns the right to respect for private life, the protection of that fundamental right requires, according to the Court’s settled case-law, in any event, that derogations and limitations in relation to the protection of personal data must apply only in so far as is strictly necessary (Case C‑473/12 IPI EU:C:2013:715, paragraph 39 and the case-law cited).53      In that regard, it should be noted that the protection of personal data resulting from the explicit obligation laid down in Article 8(1) of the Charter is especially important for the right to respect for private life enshrined in Article 7 of the Charter.54      Consequently, the EU legislation in question must lay down clear and precise rules governing the scope and application of the measure in question and imposing minimum safeguards so that the persons whose data have been retained have sufficient guarantees to effectively protect their personal data against the risk of abuse and against any unlawful access and use of that data (see, by analogy, as regards Article 8 of the ECHR, Eur. Court H.R., Liberty and Others v. the United Kingdom, 1 July 2008, no. 58243/00, § 62 and 63; Rotaru v. Romania, § 57 to 59, and S. and Marper v. the United Kingdom, § 99).
  • 26      In that regard, it should be observed that the data which providers of publicly available electronic communications services or of public communications networks must retain, pursuant to Articles 3 and 5 of Directive 2006/24, include data necessary to trace and identify the source of a communication and its destination, to identify the date, time, duration and type of a communication, to identify users’ communication equipment, and to identify the location of mobile communication equipment, data which consist, inter alia, of the name and address of the subscriber or registered user, the calling telephone number, the number called and an IP address for Internet services. Those data make it possible, in particular, to know the identity of the person with whom a subscriber or registered user has communicated and by what means, and to identify the time of the communication as well as the place from which that communication took place. They also make it possible to know the frequency of the communications of the subscriber or registered user with certain persons during a given period. 27      Those data, taken as a whole, may allow very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained, such as the habits of everyday life, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relationships of those persons and the social environments frequented by them.
  • 32      By requiring the retention of the data listed in Article 5(1) of Directive 2006/24 and by allowing the competent national authorities to access those data, Directive 2006/24, as the Advocate General has pointed out, in particular, in paragraphs 39 and 40 of his Opinion, derogates from the system of protection of the right to privacy established by Directives 95/46 and 2002/58 with regard to the processing of personal data in the electronic communications sector, directives which provided for the confidentiality of communications and of traffic data as well as the obligation to erase or make those data anonymous where they are no longer needed for the purpose of the transmission of a communication, unless they are necessary for billing purposes and only for as long as so necessary.
  • On those grounds, the Court (Grand Chamber) hereby rules:Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC is invalid.
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    EU Court of Justice decision in regard to a Directive that required communications data retention by telcos/ISPs, finding the Directive invalid as a violation of the right of privacy in communications. Fairly read, paragraph 59 outlaws bulk collection of such records, i.e., it requires the equivalent of a judge-issued search warrant in the U.S. based on probable cause to believe that the particular individual's communications are a legitimate object of a search.  Note also that paragraph 67 effectively forbids transfer of any retained data outside the E.U. So a barrier for NSA sharing of data with GCHQ derived from communications NSA collects from EU communications traffic. Bye-bye, Big Data for GCHQ in the E.U. 
clausonlaw22

How Much Does Mental Health Disability Pay In 2023 - 0 views

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    How Much Does Mental Health Disability Pay In 2023 Social Security Disability Insurance (SSDI or SSD) is the sole source of income for millions of Americans who are unable to work due to a non-work-related injury or illness. SSDI benefits are available only to workers and former workers with a substantial employment history. Both physical and mental disabilities are covered under the Social Security Act. While SSDI pays the same benefits for qualifying mental impairments as it does for physical impairments, the amount each individual receives in benefits depends on their history of earnings. This blog post will explain how Social Security defines qualifying disabilities, including mental impairments, and determines each individual's benefit payment. At The Clauson Law Firm, we know how important it is for every disability applicant and benefit recipient to understand how their benefits are arrived at, what affects their continued benefits, and how their benefits can change over time. Contact Clauson Law today if you have questions about qualifying for SSDI benefits or need help filing a claim or appealing a denial. We've helped thousands of disabled people across the U.S. with their disability claims. Mental Impairments And Social Security Disability More than 40% of SSD cases in the United States have some mental health or intellectual impairment as a component in the claim. Mental health impairments can result from an almost unlimited array of circumstances, including traumatic stress; depression; genetic predisposition to depression, bipolar disorder, or schizophrenia; or traumatic brain injury (TBI); one of the many forms of dementia; and others. The ways in which mental impairments affect the person suffering can often interfere with their ability to perform work on a regular basis. These are discussed in detail in the section "Common Mental Disabilities that May Qualify for SSDI" below. But first, let's look at how you qualify for SSD benefits and how you
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    How Much Does Mental Health Disability Pay In 2023
Gary Edwards

Gang of 545 and The Basic Flaw by Charley Reese - 2 views

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    Enough said.  Beautifully done Charlie! intro: Politicians are the only people in the world who create problems and then campaign against them. Have you ever wondered why, if both the Democrats and the Republicans are against deficits, we have deficits? Have you ever wondered why, if all the politicians are against inflation and high taxes, we have inflation and high taxes? You and I don't propose a federal budget. The president does. You and I don't have the Constitutional authority to vote on appropriations. The House of Representatives does. You and I don't write the tax code. Congress does. You and I don't set fiscal policy. Congress does. You and I don't control monetary policy. The Federal Reserve Bank does. One hundred senators, 435 congressmen, one president and nine Supreme Court justices - 545 human beings out of the 235 million - are directly, legally, morally and individually responsible for the domestic problems that plague this country.
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    Bay Area Patriot Group post
Gary Edwards

The FED (Federal Reserve Bank) is a Commercial Privately Owned Bank - 1 views

  • The US Congress has the option to buy back the FED at $450 millions (per Congressional Records). When the Congress does this, it will own back the billions of US Government Bonds held by the FED. The US Government will actually PROFIT by buying back the FED! Also, the US government no longer has to pay interests to the FED owners on those bonds.
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    Excellent research on the Federal Reserve! excerpt: WHY THE FED SHOULD BE ABOLISHED 1. The US Congress has the option to buy back the FED at $450 millions (per Congressional Records). When the Congress does this, it will own back the billions of US Government Bonds held by the FED. The US Government will actually PROFIT by buying back the FED! Also, the US government no longer has to pay interests to the FED owners on those bonds. 2. Through their ownerships in the FED, FOREIGN POWERS CAN and WILL influence the US economy. By controlling our interest rates and money supply, they can actually create economic disaster in the US , should the US disagree with them. 3. Although the FED directors must be confirmed by the Senate, the awesome lobbying power of the FED owners makes this process meaningless. The owners of the FED can and will put whoever they wish in the position. 4. Abolishing the FED will lead to lower inflation. At this moment, the FED prints as much money as needed to buy the US Government Bonds. Since the FED prints this MONEY out of THIN AIR, this leads to an INCREASE of MONEY SUPPLY, WITHOUT increase in GOODS/SERVICES. This, as all of us know it, leads to INFLATION. If the general public buy those bonds with money that they EARNED by providing GOODS/SERVICES, the money supply level is contant in relation to the goods/services level. Thus, there is no inflationary pressure from selling these bonds. 5. Abolishing the FED will reduce the national debt level. By buying back the FED at $450 millions, the US Government will buy back the billions of dollars of bonds held by the FED. Thus, the net effect is a reduction in national debt. After buying back the FED, the US Government does not have to pay interest on those bonds it buys back, further reducing the national debt. 6. Abolishing the FED will lead to eventual balance budget. Today, even if the US Economy only grows by a meager 2% per year, the US Government should be able to put 2% of US-GDP dol
Paul Merrell

DOJ's Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war... - 0 views

  • As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President, seeking a declaration that Congress has not authorized the hostilities in Iraq and Syria and that therefore the War Powers Resolution requires the President to remove U.S. forces from hostilities in those nations. On Tuesday, the Department of Justice filed a motion to dismiss the case. Its brief in support of the motion includes one argument that I think is correct (albeit not for all the reasons the government offers) — namely, that Smith lacks standing to sue. That ought to be sufficient to have the case dismissed. The brief also includes an argument on the merits (albeit not designated as such) that is very interesting and potentially important — an account of how Congress has allegedly authorized Inherent Resolve in three ways: (i) in the 2001 AUMF; (ii) in the 2002 AUMF; and (iii) in current appropriations statutes. The heart of the brief, however, is devoted to a third argument — that Judge Koller-Kotelly must dismiss the case on the basis of the political question doctrine — that is not only wrong, but that simply ignores the Supreme Court’s recent (and repeated) repudiation of that very argument.
  • On page 39 of its 45-page brief, the government finally gets around to the reason why the court should dismiss the complaint: Smith lacks standing. Importantly, Smith’s theory of standing is not that he — an Army captain deployed to perform intelligence services in Kuwait — is more likely to be injured or killed by virtue of the President’s decision to deploy troops into hostilities in Iraq and Syria. It is, instead, that the President’s alleged failure to comply with the War Powers Act results in Captain Smith’s own violation of his officer’s oath to “support and defend” the Constitution “against all enemies, foreign and domestic,” and to “bear true faith and allegiance” to the Constitution.
  • The government’s standing argument begins (p. 35) by suggesting that “[p]laintiff’s claim that he is being forced to betray his oath is insufficient to establish standing because the violation of an oath, by itself, is not an injury in fact.” The cases the government cites for that proposition, however, do not say that a forced oath violation would not be an injury in fact — and that’s not a question the judge needs to resolve. What the cases establish, instead, is the point the government finally argues at page 39 — namely, that a government officer does not violate his oath by complying with superiors’ orders, even if it turns out that the law prohibits the military operation in which those orders are issued. Indeed, Smith would not violate his oath of office even if his superiors’ orders themselves were unauthorized, or if the intelligence activities he is ordered to performed were unauthorized. But he does not allege even those things (as I discuss below, he does not, for instance, alleged that he is being ordered to do anything unlawful). Instead, he merely argues that because President Obama should have withdrawn troops from Syria and Iraq 60 days after their deployment, Smith himself is violating his oath to “bear true faith and allegiance to the Constitution.” This is a non sequitur: Even if Smith is right that the continuation of Operation Inherent Resolve is unlawful, that would not mean that he is acting in violation of his oath. (Much more on this in my earlier post.) And that simple fact is reason enough for Judge Koller-Kotelly to dismiss the case.
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  • One of Smith’s counsel, Professor Bruce Ackerman, argues that this reason for rejecting the oath-based theory of standing ignores the Supreme Court’s 1804 decision in Little v. Barreme. Little, however, is not on point. In that case, Navy Captain Little was sued by the owners of a Danish ship for damages caused when Little seized that neutral ship. The Court held that Little could be liable, notwithstanding the fact that he was following orders, because the capture violated a implicit statutory prohibition on the military’s seizure of ships sailing from France to the United States. In this case, however, Captain Smith has not argued — nor could he — that he has been ordered to do anything unlawful (in violation of a statute), let alone that he has been ordered to do something that would subject him to possible liability for damages. He is, instead, arguing that President Obama violated a statute. That is not enough to establish Smith’s standing to sue.
  • The government’s main argument, to which it devotes far too many pages, is that the judge must dismiss the case because it raises a “political question” that courts cannot answer. This is flatly wrong — and it ignores several controlling precedents, including the Supreme Court’s recent 8-1 rejection of virtually the same government argument in Zivotofsky v. Clinton.
  • The most interesting thing about the government’s brief — and by far the most important aspect of it, for public purposes apart from the lawsuit itself — is that, in the section ostensibly arguing that the case is nonjusticiable (see pp. 25-30, and also pp. 4-14), DOJ actually offers the Executive branch’s most detailed defense yet about why Operation Inherent Resolve is congressionally authorized. As some of us predicted, the government relies on three arguable authorizations, any one of which would be sufficient to defeat Smith’s WPR claim if the courts were to reach the merits. In this post I’m not going to assess the merits of the three arguments. For now, my purpose is only to describe them, and to raise one issue with respect to the third. i. First, the government argues that the 2001 AUMF authorizes the operation against ISIL.
  • Second, the government argues that the 2002 AUMF also authorizes Operation Inherent Resolve, just as it authorized operations in Iraq against AQI (which became ISIL) from 2003 to 2011, after the Hussain regime fell.
  • Finally, and most interestingly (in part because the government has not previously made this argument), DOJ argues that a recent “unbroken stream” of appropriations statutes not only confirm the authorities allegedly conferred by the 2001 and 2002 AUMFs, but also offer their own, independent congressional authorization.
  • Two things are fairly clear from this: The members of Congress approve of Operation Inherent Resolve — indeed, there’s virtually no opposition. And Congress has (most likely) appropriated funds to pay for it. The operative question, however, is whether Congress’s appropriations also serve as an authorization that would supersede the requirement of WPR section 5(b). The government brief alludes to one important argument that the plaintiff will undoubtedly raise: Section 8(a)(1) of the WPR provides that, for purposes of tolling the 60-day clock of section 5(b), “[a]uthority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred (1) from any provision of law . . . including any provision contained in any appropriations Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this chapter.” Obviously, the 2016 Act does not satisfy that requirement. Is that fatal to the appropriations-as-authorization argument?
  • As the Office of Legal Counsel 50 U.S.C. 1542 and 1543). These provisions might be read simply to convey that the executive must continue to comply with the consultation and reporting requirements of WPR sections 3 and 4, even after the 2016 Act authorizes the introduction of troops into hostilities in Iraq and Syria. Or they might alternatively be construed to also specify that the Act is not providing the authority that section 5(b) of the WPR calls for.
  • Not surprisingly, DOJ argues for the former view (pp. 27-28 of the brief): “[I]n the few provisions in which Congress did reference the War Powers Resolution, to clarify that no funds made available for Operation Inherent Resolve are to be used ‘in contravention’ of the Resolution, Congress signaled its agreement that the President’s counter-ISIL military actions were authorized by simultaneously funding Operation Inherent Resolve. If Congress believed that the United States had been conducting airstrikes and other counter-ISIL military activities ‘in contravention of the War Powers Resolution,’ it would have made no sense for Congress to use the ‘in contravention’ proviso in the same laws that make funds available for the express purpose of continuing those military activities.” That’s not a bad argument, at least at first glance; but it’s not a slam-dunk, either, in part because appropriations provisions do not necessarily establish authorizations. It’ll be interesting to see how Captain Smith’s lawyers respond to this particular aspect of the merits argument. I doubt Judge Koller-Kotelly will reach it, however, because she is likely to dismiss the case for want of standing.
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    I've read the brief. I don't think the implied partial repeal of the War Powers Resolution argument should fly. The relevant provision establishes a rule of interpretation of later statutes and the appropriations bills neither reject the rule of interpretation nor specifically provide authorization for use of military force. They just authorize funding. On the standing issue, I think the DoJ position is correct; the oath of office applies only to senior officers who make the decision to initiate a war. But DoJ may have opened the door to a more compelling standing argument by arguing that the war does not constitute a war crime, a crime against peace, or a crime against humanity under international law. DoJ did not need to make that argument because Smith had not alleged in his complaint that he was being ordered to commit such crimes, but by doing so DoJ waives any argument that such issues are beyond the scope of Smith's standing and the evidence that the Iraq and Syrian wars are illegal under international law is, to say the least, strong.
Gary Edwards

Does Trump Trump? Angelo Codevilla on Our Present Moment | Power Line - 1 views

  • Angelo Codevilla is a former staff member of the Senate Intelligence Committee, professor emeritus of international relations at Boston University, and the author of more than a dozen fine books on politics, arms control, and intelligence (if I had to pick a favorite it might be The Character of Nations), including a fine translation of Machiavelli’s Prince published by Yale University Press. Most recently his essay-turned-book The Ruling Class: How They Corrupted America and What We Can Do About It caught the attention of Rush Limbaugh and many others. It argues that our fundamental political problem is not “big government,” but the creation of a ruling class, inhabiting both parties, that is steadily increasing its authoritarian control over the nation. In a conversation a few months ago Angelo remarked, “The 2016 election is simple; the person who runs on the platform ‘Who do they think they are?’ will win.”
  • Donald Trump leapt atop other contenders for the Republican presidential nomination when he acted on the primordial fact in American public life today, from which most of the others hide their eyes, namely: most Americans distrust, fear, are sick and tired of, the elected, appointed, and bureaucratic officials who rule over us, as well as their cronies in the corporate, media, and academic world.
  • Trump’s attraction lies less in his words’ grace or even precision than in the extent to which Americans are searching for someone, anyone, to lead against this ruling class, that is making America less prosperous, less free, and more dangerous.
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  • three fifths of Democratic voters approve the conduct of their officials, only about one fifth of Republican voters approve what theirs do.
  • Moreover, Americans are becoming increasingly skeptical about their celebrities’ integrity. With good reason. McCain is just a minor example of a phenomenon that characterizes our ruling class: reputations built on lies and cover-ups, lives of myth protected by mutual forbearance, by complicitous journalists, or by records deep-sixed, including in in government archives.
  • As they lord it over us, they live lives that cannot stand scrutiny.
  • The point here is simple: our ruling class has succeeded in ruling not by reason or persuasion, never mind integrity, but by occupying society’s commanding heights, by imposing itself and its ever-changing appetites on the rest of us. It has coopted or intimidated potential opponents by denying the legitimacy of opposition. Donald Trump, haplessness and clownishness notwithstanding, has shown how easily this regime may be threatened just by refusing to be intimidated.
  • At increasing speed, our ruling class has created “protected classes” of Americans defined by race, sex, age, disability, origin, religion, and now homosexuality, whose members have privileges that outsider do not. By so doing, they have shattered the principle of equality – the bedrock of the rule of law. Ruling class insiders use these officious classifications to harass their socio-political opponents. An unintimidated statesman would ask: Why should not all “classes” be equally protected? Does the rule of law even admit of “classes”? Does not the 14th amendment promise “the equal protection of the laws” to all alike? He would note that when the government sets aside written law in favor of what the powerful want, it thereby absolves citizens any obligation to obey government.
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    "Does Trump trump? By Angelo M. Codevilla "In the land of the blind," so goes the saying, "the one-eyed man is king." Donald Trump leapt atop other contenders for the Republican presidential nomination when he acted on the primordial fact in American public life today, from which most of the others hide their eyes, namely: most Americans distrust, fear, are sick and tired of, the elected, appointed, and bureaucratic officials who rule over us, as well as their cronies in the corporate, media, and academic world. Trump's attraction lies less in his words' grace or even precision than in the extent to which Americans are searching for someone, anyone, to lead against this ruling class, that is making America less prosperous, less free, and more dangerous. Trump's rise reminds this class's members that they sit atop a rumbling volcano of rejection. Republicans and Democrats hope to exorcise its explosion by telling the public that Trump's remarks on immigration and on the character of fellow member John McCain (without bothering to try showing that he errs on substance), place him outside the boundaries of their polite society. Thus do they throw Br'er Rabbit into the proverbial briar patch. Now what? The continued rise in Trump's poll numbers reminds all that Ross Perot - in an era that was far more tolerant of the Establishment than is ours - outdistanced both Bush 41 and Bill Clinton before self-destructing, just by speaking ill of both parties before he self destructed. Republicans brahmins have the greater reason to fear. Whereas some three fifths of Democratic voters approve the conduct of their officials, only about one fifth of Republican voters approve what theirs do. If Americans in general are primed for revolt, Republican (and independent) voters fairly thirst for it. Trump's barest hints about what he opposes (never mind proposes) regarding just a few items on the public agenda have had such effect because they accord with
Paul Merrell

Boston.com - Special reports - News - 0 views

  • The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.As Commander-in-Chief, the President does have a duty to protect and defend the United States. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent. History has shown us time and again, however, that military action is most successful when it is authorized and supported by the Legislative branch. It is always preferable to have the informed consent of Congress prior to any military action.As for the specific question about bombing suspected nuclear sites, I recently introduced S.J. Res. 23, which states in part that “any offensive military action taken by the United States against Iran must be explicitly authorized by Congress.” The recent NIE tells us that Iran in 2003 halted its effort to design a nuclear weapon. While this does not mean that Iran is no longer a threat to the United States or its allies, it does give us time to conduct aggressive and principled personal diplomacy aimed at preventing Iran from developing nuclear weapons.
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    Boston Globe, December 20, 2007 --- Barack Obama says the President doesn't have the constitutional power to launch a military attack "in a situation that does not involve stopping an actual or imminent threat to the nation."
Paul Merrell

America's Lead Iran Negotiator Misrepresents U.S. Policy (and International L... - 0 views

  • Last month, while testifying to the Senate Foreign Relations Committee, Wendy Sherman—Undersecretary of State for Political Affairs and the senior U.S. representative in the P5+1 nuclear talks with Iran—said, with reference to Iranians, “We know that deception is part of the DNA.”  This statement goes beyond orientalist stereotyping; it is, in the most literal sense, racist.  And it evidently was not a mere “slip of the tongue”:  a former Obama administration senior official told us that Sherman has used such language before about Iranians. 
  • Putting aside Sherman’s glaring display of anti-Iranian racism, there was another egregious manifestation of prejudice-cum-lie in her testimony to the Senate Foreign Relations Committee that we want to explore more fully.  It came in a response to a question from Senator Marco Rubio (R-Florida) about whether states have a right to enrich under the Nuclear Non-Proliferation Treaty (NPT).  Here is the relevant passage in Sherman’s reply:  “It has always been the U.S. position that Article IV of the Nuclear Non-Proliferation Treaty does not speak about the right of enrichment at all [and] doesn’t speak to enrichment, period.  It simply says that you have the right to research and development.”  Sherman goes on to acknowledge that “many countries such as Japan and Germany have taken that [uranium enrichment] to be a right.”  But, she says, “the United States does not take that position.  We take the position that we look at each one of these [cases].”  Or, as she put it at the beginning of her response to Sen. Rubio, “It has always been the U.S. position that Article IV of the Nuclear Non-Proliferation Treaty does not speak about the right of enrichment at all” (emphasis added). 
  • Two points should be made here.  First, the claim that the NPT’s Article IV does not affirm the right of non-nuclear-weapons states to pursue indigenous development of fuel-cycle capabilities, including uranium enrichment, under international safeguards is flat-out false.  Article IV makes a blanket statement that “nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination.”  And it’s not just “countries such as Japan and Germany”—both close U.S. allies—which affirm that this includes the right of non-weapons states to enrich uranium under safeguards.  The BRICS (Brazil, Russia, India, China, and South Africa) countries and the Non-Aligned Movement (whose 120 countries represent a large majority of UN members) have all clearly affirmed the right of non-nuclear-weapons states, including the Islamic Republic of Iran, to pursue indigenous safeguarded enrichment.  In fact, just four countries in the world hold that there is no right to safeguarded enrichment under the NPT:  the United States, Britain, France, and Israel (which isn’t even a NPT signatory).  That’s it.  Moreover, the right to indigenous technological development—including nuclear fuel-cycle capabilities, should a state choose to pursue them—is a sovereign right.  It is not conferred by the NPT; the NPT’s Article IV recognizes states’ “inalienable right” in this regard, while other provisions bind non-weapons states that join the Treaty to exercise this right under international safeguards.       
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  • There have been many first-rate analyses demonstrating that the right to safeguarded enrichment under the NPT is crystal clear—from the Treaty itself, from its negotiating history, and from subsequent practice, with at least a dozen non-weapons states building fuel-cycle infrastructures potentially capable of supporting weapons programs.  Bill Beeman published a nice Op Ed in the Huffington Post on this question in response to Sherman’s Senate Foreign Relations Committee testimony, see here and, for a text including references, here.  For truly definitive legal analyses, see the work of Daniel Joyner, for example here and here.  The issue will also be dealt with in articles by Flynt Leverett and Dan Joyner in a forthcoming special issue of the Penn State Journal of Law and International Affairs, which should appear within the next few days.         From any objectively informed legal perspective, denying non-weapons states’ right of safeguarded enrichment amounts to nothing more than a shameless effort to rewrite the NPT unilaterally.  And this brings us to our second point about Sherman’s Senate Foreign Relations Committee testimony. 
  • Sherman claims that “It has always been the U.S. position that Article IV of the Nuclear Non-Proliferation Treaty does not speak about the right of enrichment at all [and] doesn’t speak to enrichment, period.”  But, in fact, the United States originally held that the right to peaceful use recognized in the NPT’s Article IV includes the indigenous development of safeguarded fuel-cycle capabilities.  In 1968, as America and the Soviet Union, the NPT’s sponsors, prepared to open it for signature, the founding Director of the U.S. Arms Control and Disarmament Agency, William Foster, told the Senate Foreign Relations Committee—the same committee to which Sherman untruthfully testified last month—that the Treaty permitted non-weapons states to pursue the fuel cycle.  We quote Foster on this point:   “Neither uranium enrichment nor the stockpiling of fissionable material in connection with a peaceful program would violate Article II so long as these activities were safeguarded under Article III.”  [Note:  In Article II of the NPT, non-weapons states commit not to build or acquire nuclear weapons; in Article III, they agree to accept safeguards on the nuclear activities, “as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency.”] 
  • Thus, it is a bald-faced lie to say that the United States has “always” held that the NPT does not recognize a right to safeguarded enrichment.  As a matter of policy, the United States held that that the NPT recognized such a right even before it was opened for signature; this continued to be the U.S. position for more than a quarter century thereafter.  It was only after the Cold War ended that the United States—along with Britain, France, and Israel—decided that the NPT should be, in effect, unilaterally rewritten (by them) to constrain the diffusion of fuel-cycle capabilities to non-Western states.  And their main motive for trying to do so has been to maximize America’s freedom of unilateral military initiative and, in the Middle East, that of Israel.  This is the agenda for which Wendy Sherman tells falsehoods to a Congress that is all too happy to accept them.    
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    What should be the reaction of Congress upon discovering that the U.S. lead negotiator with Iran in regard to its budding peaceful use of nuclear power lies to Congress about the Nuclear Non-Proliferation Treaty's applicability to Iran's actions? 
Paul Merrell

EU Parliament says other countries spy, but not as much as the UK or US | ITworld - 0 views

  • The European Parliament's research department has found that four out of five member states surveyed carry out wide-scale telecommunications surveillance. In a report released on Friday the department revealed that the U.K., France, Germany and Sweden all engaged in bulk collection of data. The Netherlands, which was also examined, has not done so, so far, but is engaged in setting up an agency for that purpose.
  • "It appears unlikely that the programmes of EU member states such as Sweden, France and Germany come close to the sheer magnitude of the operations launched by GCHQ and the NSA," says the report. Reports allege that GCHQ has placed data interceptors on approximately 200 U.K. fiber-optic cables that transmit Internet data and that by 2012 the agency was able to process data from at least 46 fiber-optic cables at any one time. This gives the agency the possibility to intercept more than 21 petabytes of data a day. This is estimated to have contributed to a 7,000 percent increase in the amount of personal data available to GCHQ from Internet and mobile traffic in the past five years. In order to deal with this vast amount of data, GCHQ uses a system of so-called "Massive Volume Reduction," removing 30 percent of less intelligence-relevant data such as peer-to-peer downloads. The remaining data is combed using some of up to 40,000 "selectors" such as keywords, email addresses or phone numbers of targeted individuals by about 300 GCHQ and 250 NSA staff working together.
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    Regarding the "everyone does it" excuse for bulk surveillance being used by the Obama Administration (which every parent learns to ignore when a teenage child wants something the parent ain't gonna' let happen), note the following statement from the E.U. report: "'It appears unlikely that the programmes of EU member states such as Sweden, France and Germany come close to the sheer magnitude of the operations launched by GCHQ and the NSA,' says the report." So the "everyone does it" excuse, in addition to ducking the question of whether *anyone* should be doing it let alone the U.S. with its constitutional limitations, also ignores qualitative differences in what "everyone does." 
Gary Edwards

bayareapatriots2 : Edward Snowden Quotes About U.S. Government Spying That Should Send... - 0 views

  • "The great fear that I have regarding the outcome for America of these disclosures is that nothing will change. [People] won't be willing to take the risks necessary to stand up and fight to change things... And in the months ahead, the years ahead, it's only going to get worse. [The NSA will] say that... because of the crisis, the dangers that we face in the world, some new and unpredicted threat, we need more authority, we need more power, and there will be nothing the people can do at that point to oppose it. And it will be turnkey tyranny."
  • "I will be satisfied if the federation of secret law, unequal pardon and irresistible executive powers that rule the world that I love are revealed even for an instant."
  • "I understand that I will be made to suffer for my actions, and that the return of this information to the public marks my end."
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    "Would you be willing to give up what Edward Snowden has given up?  He has given up his high paying job, his home, his girlfriend, his family, his future and his freedom just to expose the monolithic spy machinery that the U.S. government has been secretly building to the world.  He says that he does not want to live in a world where there isn't any privacy.  He says that he does not want to live in a world where everything that he says and does is recorded.  Thanks to Snowden, we now know that the U.S. government has been spying on us to a degree that most people would have never even dared to imagine.  Up until now, the general public has known very little about the U.S. government spy grid that knows almost everything about us.  But making this information public is going to cost Edward Snowden everything.    Essentially, his previous life is now totally over.  And if the U.S. government gets their hands on him, he will be very fortunate if he only has to spend the next several decades rotting in some horrible prison somewhere.  There is a reason why government whistleblowers are so rare.  And most Americans are so apathetic that they wouldn't even give up watching their favorite television show for a single evening to do something good for society.  Most Americans never even try to make a difference because they do not believe that it will benefit them personally.  Meanwhile, our society continues to fall apart all around us.  Hopefully the great sacrifice that Edward Snowden has made will not be in vain.  Hopefully people will carefully consider what he has tried to share with the world.  The following are 27 quotes from Edward Snowden about U.S. government spying that should send a chill up your spine..."
Gary Edwards

Tocqueville's Warning to America: The Dangers of Despotism - 0 views

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    "The words of Alexis de Tocqueville in Book Four, Chapter VI of Democracy America are particularly poignant: I had remarked during my stay in the United States, that a democratic state of society, similar to that of the Americans, might offer singular facilities for the establishment of despotism... I think, then, that the species of oppression by which democratic nations are menaced is unlike anything which ever before existed in the world: our contemporaries will find no prototype of it in their memories. I seek in vain for an expression which will accurately convey the whole of the idea I have formed of it, the old words despotism and tyranny are inappropriate: the thing itself is new, and since I cannot name, I must attempt to define it. I seek to trace the novel features under which despotism may appear in the world. The first thing that strikes the observation is an innumerable multitude of men, all equal and alike, incessantly endeavoring to procure the petty and paltry pleasures with which they glut their lives. Each of them, living apart, is as a stranger to the fate of all the rest,--his children and his private friends constitute to him the whole of mankind; as for the rest of his fellow-citizens, he is close to them, but he sees them not;--he touches them, but he feels them not; he exists but in himself and for himself alone; and if his kindred still remain to him, he may be said at any rate to have lost his country. Above this race of men stands an immense and tutelary power, which takes upon itself alone to secure their gratifications, and to watch over their gate. That power is absolute, minute, regular, provident, and mild. It would be like the authority of a parent, if, like that authority, its object was to prepare men for manhood; but it seeks, on the contrary, to keep them in perpetual childhood: it is well content that the people should rejoice, provided they think of nothing but rejoicing. For their happiness such a government willingly la
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    "An elective despotism was not the government we fought for." - James Madison
Gary Edwards

The Roberts Jizya and the Art of War - 0 views

  • he is violating his oath of office in doing so, and that is the only sensible explanation because the Constitution is fairly clear; the United States Constitution expressly grants all powers not specifically enumerated in the document to the states and the People, and nowhere is this particular tax authorized.
  • this is rather like Jizya, the Muslim concept of taxation on non-Muslims.
  • The purpose of the Islamic Jizya is to compel approved behavior, and as such has been a powerful tool used by Islamic societies to compel conversion to Islam
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  • In this instance the United States government is using it to compel conversion to socialist medicine, forcing us to either buy expensive private insurance or go on the government plan.
  • In short, they are abridging our freedom of religion, a constitutionally protected category.
  • What is clear is that this is an abridgement of the Establishment clause, and of the First Amendment.
  • The argument that this saves us from a super-stretching of the Commerce Clause is immaterial; we have simply replaced it with a super-stretching of the power of taxation. In the end, dead is just as dead.
  • What is really needed is a Constitutional Amendment, and the individual states need to spearhead that.
  • We have allowed the United States to move from a representative democratic republic to an empire, a system dominated by a ruling elite, an oligarchy.
  • We must return to the Federalism that was at the core of the Republic.
  • He is a traitor to his oath, a Benedict Arnold in a black robe
  • He has placed his desire for self-aggrandizement over his duty, and so has affirmed the power of government and the ruling elite to do anything to the public they please.
  • It’s time we take this country back. That can only happen at the state level.
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    Another well written article describing in full what that treasonous backstabbing bastard chief justice John Roberts has done to shred and destroy our Constitution.  Thanks to the Canadian Free Press and Timothy Birdnow. excerpt: So, why is this so important to our discussion of the ruling by the Roberts Court? Because many on our side seem to believe that John Roberts did us a favor in his decision upholding the Affordable Healthcare Act, or as it is known colloquially, Obamacare. The argument in conservative circles for a silver lining to this dark cloud of human bodily excretions is that this ends the debate over the right to use the Commerce Clause to justify any action of Congress and that it hangs this around Osama's neck, a huge tax increase, for the November elections. While a little soothing may be in order we are making a terrible mistake here, because, A.) an eggplant could see this is unconstitutional and, B.) it simply kicks the can down the road, forcing us to fight yet another unnecessary battle. We should have declared victory here. First, this is not a mere political move on Roberts part. He is Chief Justice of the Supreme Court, and as such is not going to tie his name to a partisan decision that will be read about in American textbooks. If he is to violate his oath it will be for personal reasons, such as upholding this law against all expectations. What will he gain personally from doing the right thing and striking it down? Upholding such a crazy law guarantees him a spot in the history books. But he is violating his oath of office in doing so, and that is the only sensible explanation because the Constitution is fairly clear; the United States Constitution expressly grants all powers not specifically enumerated in the document to the states and the People, and nowhere is this particular tax authorized. Furthermore, it violates the principle of equality under the law as only some of the public is actually paying a tax; the rest are buyin
Gary Edwards

Limbaugh on Obama's 'Chip on His Shoulder,' the Phenomenon of the 'Not-Romney' and the ... - 0 views

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    Awesome!  Once again Rush takes us to school. excerpt: VAN SUSTEREN: I guess I mean a motive to -- an intentional motive to hurt the country, versus his (Obama) ideology is one that the way you achieve ideals is different values. LIMBAUGH: This is the question. We are living under a number of assumptions about Obama that have been presented to us by elites of both parties. One of the illusions is Obama's brilliant, that he's smarter than anybody else in the room, messianic. We have never had a politician like this in our midst, we were told in 2007, 2008. Nobody like Obama has ever trod our soil. He was going to unify us. The world was going to love us again. It's going to lower the sea levels. I mean, ridiculous stuff. So the question is, is he just dumb? Does he really believe this economic stuff? Does he really believe that taking capital, money out of the private sector and transferring it to government and unions is the way you grow the private sector? Is that the way (INAUDIBLE) Does he really believe that? Is he that ill educated? Is he the product of nothing other than the American education system and whoever influenced him at home when he was young? Or is he an ideologue? Is he a Marxist socialist who has an agenda that's oriented toward cutting the country down to size? I mean, that's the question. For me, the answer to the question is irrelevant. I think that whatever he's doing, why he's doing it, it's obvious he is doing it. He is taking steps, these 10 policies that are injurious to the country, injurious to individuals, targeting as the enemy the people who work in this country, targeting as the enemy that people that pay taxes. This business of this Occupy Wall Street crowd, which is his -- it was created I think on the basis that Romney was going to be the Republican nominee. Romney's Wall Street, so you get Obama's band out there, Occupy Wall Street, protesting. It was set up to oppose Romney -- Wall Street blamed for all these ills in the e
Paul Merrell

PCLOB - 0 views

  • ​​​​​​​​​​​​PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
  • PCLOB ISSUES REPORTReport on the Telephone Records Program Conducted under Section 215 of the USA PATRIOT Act and on the Operations of the Foreign Intelligence Surveillance Court
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    There are four grounds upon which we find that the telephone records program fails to comply with Section 215. First, the telephone records acquired under the program have no connection to any specific FBI investigation at the time of their collection. Second, because the records are collected in bulk - potentially encompassing all telephone calling records across the nation - they cannot be regarded as "relevant" to any FBI investigation as required by the statute without redefining the word relevant in a manner that is circular, unlimited in scope, and out of step with the case law from analogous legal contexts involving the production of records. Third, the program operates by putting telephone companies under an obligation to furnish new calling records on a daily basis as they are generated (instead of turning over records already in their possession) - an approach lacking foundation in the statute and one that is inconsistent with FISA as a whole. Fourth, the statute permits only the FBI to obtain items for use in its investigations; it does not authorize the NSA to collect anything.  In addition, we conclude that the program violates the Electronic Communications Privacy Act. That statute prohibits telephone companies from sharing customer records with the government except in response to specific enumerated circumstances, which do not include Section 215 orders. Finally, we do not agree that the program can be considered statutorily authorized because Congress twice delayed the expiration of Section 215 during the operation of the program without amending the statute. The "reenactment doctrine," under which Congress is presumed to have adopted settled administrative or judicial interpretations of a statute, does not trump the plain meaning of a law, and cannot save an administrative or judicial interpretation that contradicts the statute itself. Moreover, the circumstances presented here differ in pivotal ways from any in which the reenact
Paul Merrell

Russia Provides Syria With Advanced Missiles - NYTimes.com - 0 views

  • Russia has sent advanced antiship cruise missiles to Syria, a move that illustrates the depth of its support for the Syrian government led by President Bashar al-Assad, American officials said Thursday.
  • Russia has previously provided a version of the missiles, called Yakhonts, to Syria. But those delivered recently are outfitted with an advanced radar that makes them more effective, according to American officials who are familiar with classified intelligence reports and would only discuss the shipment on the basis of anonymity. Unlike Scud and other longer-range surface-to-surface missiles that the Assad government has used against opposition forces, the Yakhont antiship missile system provides the Syrian military a formidable weapon to counter any effort by international forces to reinforce Syrian opposition fighters by imposing a naval embargo, establishing a no-fly zone or carrying out limited airstrikes. “It enables the regime to deter foreign forces looking to supply the opposition from the sea, or from undertaking a more active role if a no-fly zone or shipping embargo were to be declared at some point,” said Nick Brown, editor in chief of IHS Jane’s International Defense Review. “It’s a real ship killer.”
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    This article is from May 16, 2013. The ship-killer missiles described have a range of 180 miles, easily capable of reaching the U.S. destroyers poised to strike Syria with cruise missiles and other U.S. Navy ships stationed in the eastern Mediterranean Sea, even those docked in Cyprus.  So the question becomes what Syria does if it detects inbound U.S. missile? Does Syria, acting on the likelihood that the Yakhonts missiles may be destroyed by the inbound missiles, fire their own missiles at U.S. Navy ships? Or does Syria hold off in fear of escalation by the U.S.? Depending on Syria not to counter-strike seems like a risk prudent U.S. admirals would not take. But there the destroyers, the Nimitz aircraft carrier group, and a Marine troop carrier sit well within range.  This and other factors leave me with some doubt that Obama has any real desire or intent to carry out the attack. 
Paul Merrell

John Kerry peace plan "to recognise Israel as a Jewish state" - Telegraph - 0 views

  • An outline Middle East peace agreement being drawn up by John Kerry will propose recognising Israel as a Jewish state, according to a leaked report, in a development that represents a major coup for the Israeli leadership but which risks an outright Palestinian rejection. Mr Kerry, the US secretary of state, has overridden vocal Palestinian objections in stipulating that Israel's Jewish character should be an explicit part of a final status accord, the conservative Israeli newspaper, Maariv reported.
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    What exactly is it that John Kerry does not understand about "Congress shall make no law respecting an establishment of religion[?]" See e.g., Board of Education of Kiryas Joel Village School District v. Grumet,  512 U.S. 687 (1994) (establishment of a Satmar Hasidim Jewish school district violated the First Amendment's Establishment Clause). http://supreme.justia.com/us/512/687/case.html. Notice that the Court there faced a school district that was in effect a Jewish school district, not a school district that had an ostensibly religious purpose. Does Kerry believe that the U.S. government may do abroad what the Constitution squarely prohibits, creating a Jewish State? And where does that leave the approximate 20 per cent of the Israel population that is not Jewish, not to mention the right of return to their property secured by the Fourth Geneva Convention for those Palestinians (and their descendants) driven out of what is now Israel in the late 1940s? The Convention provides, for example: "Art. 47. Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, *nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power,* nor by any annexation by the latter of the whole or part of the occupied territory." And -- "Art. 49. Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive."
Paul Merrell

The truth is out: money is just an IOU, and the banks are rolling in it | David Graeber... - 0 views

  • To get a sense of how radical the Bank's new position is, consider the conventional view, which continues to be the basis of all respectable debate on public policy. People put their money in banks. Banks then lend that money out at interest – either to consumers, or to entrepreneurs willing to invest it in some profitable enterprise. True, the fractional reserve system does allow banks to lend out considerably more than they hold in reserve, and true, if savings don't suffice, private banks can seek to borrow more from the central bank.
  • The central bank can print as much money as it wishes. But it is also careful not to print too much. In fact, we are often told this is why independent central banks exist in the first place. If governments could print money themselves, they would surely put out too much of it, and the resulting inflation would throw the economy into chaos. Institutions such as the Bank of England or US Federal Reserve were created to carefully regulate the money supply to prevent inflation. This is why they are forbidden to directly fund the government, say, by buying treasury bonds, but instead fund private economic activity that the government merely taxes.
  • It's this understanding that allows us to continue to talk about money as if it were a limited resource like bauxite or petroleum, to say "there's just not enough money" to fund social programmes, to speak of the immorality of government debt or of public spending "crowding out" the private sector. What the Bank of England admitted this week is that none of this is really true. To quote from its own initial summary: "Rather than banks receiving deposits when households save and then lending them out, bank lending creates deposits" … "In normal times, the central bank does not fix the amount of money in circulation, nor is central bank money 'multiplied up' into more loans and deposits."
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  • When banks make loans, they create money. This is because money is really just an IOU.
  • What this means is that the real limit on the amount of money in circulation is not how much the central bank is willing to lend, but how much government, firms, and ordinary citizens, are willing to borrow. Government spending is the main driver in all this (and the paper does admit, if you read it carefully, that the central bank does fund the government after all). So there's no question of public spending "crowding out" private investment. It's exactly the opposite.
  • In other words, everything we know is not just wrong – it's backwards.
  • So for the banking system as a whole, every loan just becomes another deposit. What's more, insofar as banks do need to acquire funds from the central bank, they can borrow as much as they like; all the latter really does is set the rate of interest, the cost of money, not its quantity.
  • The role of the central bank is to preside over a legal order that effectively grants banks the exclusive right to create IOUs of a certain kind, ones that the government will recognise as legal tender by its willingness to accept them in payment of taxes. There's really no limit on how much banks could create, provided they can find someone willing to borrow it. They will never get caught short, for the simple reason that borrowers do not, generally speaking, take the cash and put it under their mattresses; ultimately, any money a bank loans out will just end up back in some bank again.
  • Last week, something remarkable happened. The Bank of England let the cat out of the bag. In a paper called "Money Creation in the Modern Economy", co-authored by three economists from the Bank's Monetary Analysis Directorate, they stated outright that most common assumptions of how banking works are simply wrong, and that the kind of populist, heterodox positions more ordinarily associated with groups such as Occupy Wall Street are correct. In doing so, they have effectively thrown the entire theoretical basis for austerity out of the window.To get a sense of how radical the Bank's new position is, consider the conventional view, which continues to be the basis of all respectable debate on public policy. People put their money in banks. Banks then lend that money out at interest – either to consumers, or to entrepreneurs willing to invest it in some profitable enterprise. True, the fractional reserve system does allow banks to lend out considerably more than they hold in reserve, and true, if savings don't suffice, private banks can seek to borrow more from the central bank.
  • Why did the Bank of England suddenly admit all this? Well, one reason is because it's obviously true. The Bank's job is to actually run the system, and of late, the system has not been running especially well. It's possible that it decided that maintaining the fantasy-land version of economics that has proved so convenient to the rich is simply a luxury it can no longer afford.
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    Okay. The Bank of England finally fesses up and tells the truth about banking and government. Incredible!
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