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Gary Edwards

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

www.washingtonexaminer.com/...2613988

Byron-York Trump-Immigration-Order

shared by Gary Edwards on 06 Feb 17 - No Cached
  • Gary Edwards on 06 Feb 17
     
    "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."
Paul Merrell

BBC Protects U.K.'s Close Ally Saudi Arabia With Incredibly Dishonest and Biased Editing - 0 views

theintercept.com/...y-dishonest-and-biased-editing

war & peace MSM BBC lies pro-war propaganda

shared by Paul Merrell on 27 Oct 15 - No Cached
  • The BBC loves to boast about how “objective” and “neutral” it is. But a recent article, which it was forced to change, illustrates the lengths to which the British state-funded media outlet will go to protect one of the U.K. government’s closest allies, Saudi Arabia, which also happens to be one of the country’s largest arms purchasers (just this morning, the Saudi ambassador to the U.K. threatened in an op-ed that any further criticism of the Riyadh regime by Jeremy Corbyn could jeopardize the multi-layered U.K./Saudi alliance). Earlier this month, the BBC published an article describing the increase in weapons and money sent by Saudi Arabia and other Gulf regimes to anti-Assad fighters in Syria. All of that “reporting” was based on the claims of what the BBC called “a Saudi government official,” who — because he works for a government closely allied with the U.K. — was granted anonymity by the BBC and then had his claims mindlessly and uncritically presented as fact (it is the rare exception when the BBC reports adversarially on the Saudis). This anonymous “Saudi official” wasn’t whistleblowing or presenting information contrary to the interests of the regime; to the contrary, he was disseminating official information the regime wanted publicized. This was the key claim of the anonymous Saudi official (emphasis added):
  • The well-placed official, who asked not to be named, said supplies of modern, high-powered weaponry including guided anti-tank weapons would be increased to the Arab- and western-backed rebel groups fighting the forces of Syria’s President Bashar al-Assad and his Russian, Iranian and Lebanese allies. He said those groups being supplied did not include either Islamic State (IS) or al-Nusra Front, both of which are proscribed terrorist organizations. Instead, he said the weapons would go to three rebel alliances — Jaish al-Fatah (Army of Conquest), the Free Syrian Army (FSA) and the Southern Front.
  • So the Saudis, says the anonymous official, are only arming groups such as the “Army of Conquest,” but not the al Qaeda affiliate the Nusra Front. What’s the problem with this claim? It’s obvious, though the BBC would not be so impolite as to point it out: The Army of Conquest includes the Nusra Front as one of its most potent components. This is not even in remote dispute; the New York Times’ elementary explainer on the Army of Conquest from three weeks ago states:
  • ...4 more annotations...
  • The alliance consists of a number of mostly Islamist factions, including the Nusra Front, al Qaeda’s Syrian affiliate; Ahrar al-Sham, another large group; and more moderate rebel factions that have received covert arms support from the intelligence services of the United States and its allies. The Telegraph, in an early October article complaining that Russia was bombing “non-ISIL rebels,” similarly noted that the Army of Conquest (bombed by Russia) “includes a number of Islamist groups, most powerful among them Ahrar al-Sham and Jabhat al-Nusra. Jabhat al-Nusra is the local affiliate of al-Qaeda.” Even the Voice of America noted that “Russia’s main target has been the Army of Conquest, an alliance of insurgent groups that includes the al-Nusra Front, al-Qaida’s affiliate in Syria, and the hard-line Islamist group Ahrar al-Sham, as well as some less extreme Islamist groups.”
  • In other words, the claim from the anonymous Saudi official that the BBC uncritically regurgitated — that the Saudis are only arming the Army of Conquest but no groups that “include” the Nusra Front — is self-negating. A BBC reader, Ricardo Vaz, brought this contradiction to the BBC’s attention. As he told The Intercept: “The problem is that the Nusra Front is the most important faction inside the Army of Conquest. So either the Saudi official expected the BBC journalist not to know this, or he expects us to believe they can deliver weapons to factions fighting side by side with an al Qaeda affiliate and that those weapons will not make their way into Nusra’s hands. In any case, this is very close to an official admission that the Saudis (along with Qataris and Turkish) are supplying weapons to an al Qaeda affiliate. This of course is not a secret to anyone who’s paying attention.” In response to Vaz’s complaint, the BBC did not tell its readers about this vital admission. Instead, it simply edited that Saudi admission out of its article. In doing so, it made the already-misleading article so much worse, as the BBC went even further out of its way to protect the Saudis. This is what that passage now states on the current version of the article on the BBC’s site (emphasis added): He said those groups being supplied did not include either Islamic State (IS) or al-Nusra Front, both of which are proscribed terrorist organizations. Instead, he said the weapons would go to the Free Syrian Army and other small rebel groups.
  • So originally, the BBC stated that the “Saudi official” announced that the regime was arming the Army of Conquest. Once it was brought to the BBC’s attention that the Army of Conquest includes the al Qaeda affiliate Nusra Front — a direct contradiction of the Saudi official’s other claim that the Saudis are not arming Nusra — the BBC literally changed the Saudi official’s own statement, whitewashed it, to eliminate his admission that they were arming Army of Conquest. Instead, the BBC now states that the Saudis are arming “the Free Syrian Army and other small rebel groups.” The BBC simply deleted the key admission that the Saudis are arming al Qaeda.
  • But what this does highlight is just how ludicrous — how beyond parody — the 14-year-old war on terror has become, how little it has to do with its original ostensible justification. The regime with the greatest plausible proximity to the 9/11 attack — Saudi Arabia — is the closest U.S. ally in the region next to Israel. The country that had absolutely nothing to do with that attack, and which is at least as threatened as the U.S. by the religious ideology that spurred it — Iran — is the U.S.’s greatest war-on-terror adversary. Now we have a virtual admission from the Saudis that they are arming a group that centrally includes al Qaeda, while the U.S. itself has at least indirectly done the same (just as was true in Libya). And we’re actually at the point where western media outlets are vehemently denouncing Russia for bombing al Qaeda elements, which those outlets are  manipulatively referring to as “non-ISIS groups.” It’s not a stretch to say that the faction that provides the greatest material support to al Qaeda at this point is the U.S. and its closest allies. That is true even as al Qaeda continues to be paraded around as the prime need for the ongoing war. But whatever one’s views are on Syria, it’s telling indeed to watch the BBC desperately protect Saudi officials, not only by granting them anonymity to spout official propaganda, but worse, by using blatant editing games to whitewash the Saudis’ own damaging admissions, ones the BBC unwittingly published. There are many adjectives one can apply to the BBC’s behavior here: “Objective” and “neutral” are most assuredly not among them.
  • Paul Merrell on 27 Oct 15
     
    Glenn Greenwald riffs on BBC's latest cover-up on behalf of the U.S. allies backing for al-Nusrah.
Gary Edwards

Former CIA & NSA Boss: September 11th Gave Me Permission To Reinterpret The 4th Amendme... - 0 views

www.techdirt.com/...einterpret-4th-amendment.shtml

NSA-Patriot-Act-NDAA 4th-Amendment Michael-Hayden

shared by Gary Edwards on 02 Feb 15 - No Cached
  • Gary Edwards on 02 Feb 15
     
    "Michael Hayden, the former CIA and NSA director, has revealed what most people already suspected -- to him, the Constitution is a document that he can rewrite based on his personal beliefs at any particular time, as noted by Conor Friedersdorf at the Atlantic. Specifically, he admits that after September 11th, 2001, he was able to totally reinterpret the 4th Amendment to mean something entirely different: In a speech at Washington and Lee University, Michael Hayden, a former head of both the CIA and NSA, opined on signals intelligence under the Constitution, arguing that what the 4th Amendment forbids changed after September 11, 2001. He noted that "unreasonable search and seizure," is prohibited under the Constitution, but cast it as a living document, with "reasonableness" determined by "the totality of circumstances in which we find ourselves in history." He explained that as the NSA's leader, tactics he found unreasonable on September 10, 2001 struck him as reasonable the next day, after roughly 3,000 were killed. "I actually started to do different things," he said. "And I didn't need to ask 'mother, may I' from the Congress or the president or anyone else. It was within my charter, but in terms of the mature judgment about what's reasonable and what's not reasonable, the death of 3,000 countrymen kind of took me in a direction over here, perfectly within my authority, but a different place than the one in which I was located before the attacks took place. So if we're going to draw this line I think we have to understand that it's kind of a movable feast here." While it's true that the 4th Amendment does ban "unreasonable search and seizure," it seems like quite an interpretation to argue that "reasonableness" depends on what some third party does to us. That seems morally dangerous -- and it seems like a direct admission to terrorists that if they want to eviscerate the rights of Americans, they just need to keep on attacking, because folks like Hayden will
Paul Merrell

Leaked memos reveal GCHQ efforts to keep mass surveillance secret | UK news | The Guardian - 0 views

www.theguardian.com/...ss-surveillance-secret-snowden

surveillance state GCHQ Tempora telecoms lies litigation offshoring-surveillance

shared by Paul Merrell on 26 Oct 13 - No Cached
  • The UK intelligence agency GCHQ has repeatedly warned it fears a "damaging public debate" on the scale of its activities because it could lead to legal challenges against its mass-surveillance programmes, classified internal documents reveal.Memos contained in the cache disclosed by the US whistleblower Edward Snowden detail the agency's long fight against making intercept evidence admissible as evidence in criminal trials – a policy supported by all three major political parties, but ultimately defeated by the UK's intelligence community.Foremost among the reasons was a desire to minimise the potential for challenges against the agency's large-scale interception programmes, rather than any intrinsic threat to security, the documents show.
  • The papers also reveal that:• GCHQ lobbied furiously to keep secret the fact that telecoms firms had gone "well beyond" what they were legally required to do to help intelligence agencies' mass interception of communications, both in the UK and overseas.• GCHQ feared a legal challenge under the right to privacy in the Human Rights Act if evidence of its surveillance methods became admissible in court.• GCHQ assisted the Home Office in lining up sympathetic people to help with "press handling", including the Liberal Democrat peer and former intelligence services commissioner Lord Carlile, who this week criticised the Guardian for its coverage of mass surveillance by GCHQ and America's National Security Agency.The most recent attempt to make intelligence gathered from intercepts admissible in court, proposed by the last Labour government, was finally stymied by GCHQ, MI5 and MI6 in 2009.
  • Another top GCHQ priority in resisting the admission of intercepts as evidence was keeping secret the extent of the agency's co-operative relationships with telephone companies – including being granted access to communications networks overseas.In June, the Guardian disclosed the existence of GCHQ's Tempora internet surveillance programme. It uses intercepts on the fibre-optic cables that make up the backbone of the internet to gain access to vast swaths of internet users' personal data. The intercepts are placed in the UK and overseas, with the knowledge of companies owning either the cables or landing stations.The revelations of voluntary co-operation with some telecoms companies appear to contrast markedly with statements made by large telecoms firms in the wake of the first Tempora stories. They stressed that they were simply complying with the law of the countries in which they operated.
  • ...6 more annotations...
  • In reality, numerous telecoms companies were doing much more than that, as disclosed in a secret document prepared in 2009 by a joint working group of GCHQ, MI5 and MI6.Their report contended that allowing intercepts as evidence could damage relationships with "Communications Service Providers" (CSPs).In an extended excerpt of "the classified version" of a review prepared for the Privy Council, a formal body of advisers made up of current and former cabinet ministers, the document sets out the real nature of the relationship between telecoms firms and the UK government."Under RIPA [the Regulation of Investigatory Powers Act 2000], CSPs in the UK may be required to provide, at public expense, an adequate interception capability on their networks," it states. "In practice all significant providers do provide such a capability. But in many cases their assistance – while in conformity with the law – goes well beyond what it requires."
  • GCHQ's internet surveillance programme is the subject of a challenge in the European court of human rights, mounted by three privacy advocacy groups. The Open Rights Group, English PEN and Big Brother Watch argue the "unchecked surveillance" of Tempora is a challenge to the right to privacy, as set out in the European convention on human rights.That the Tempora programme appears to rely at least in part on voluntary co-operation of telecoms firms could become a major factor in that ongoing case. The revelation could also reignite the long-running debate over allowing intercept evidence in court.GCHQ's submission goes on to set out why its relationships with telecoms companies go further than what can be legally compelled under current law. It says that in the internet era, companies wishing to avoid being legally mandated to assist UK intelligence agencies would often be able to do so "at little cost or risk to their operations" by moving "some or all" of their communications services overseas.
  • As a result, "it has been necessary to enter into agreements with both UK-based and offshore providers for them to afford the UK agencies access, with appropriate legal authorisation, to the communications they carry outside the UK".The submission to ministers does not set out which overseas firms have entered into voluntary relationships with the UK, or even in which countries they operate, though documents detailing the Tempora programme made it clear the UK's interception capabilities relied on taps located both on UK soil and overseas.There is no indication as to whether the governments of the countries in which deals with companies have been struck would be aware of the GCHQ cable taps.
  • Evidence that telecoms firms and GCHQ are engaging in mass interception overseas could stoke an ongoing diplomatic row over surveillance ignited this week after the German chancellor, Angela Merkel, accused the NSA of monitoring her phone calls, and the subsequent revelation that the agency monitored communications of at least 35 other world leaders.On Friday, Merkel and the French president, François Hollande, agreed to spearhead efforts to make the NSA sign a new code of conduct on how it carried out intelligence operations within the European Union, after EU leaders warned that the international fight against terrorism was being jeopardised by the perception that mass US surveillance was out of control.Fear of diplomatic repercussions were one of the prime reasons given for GCHQ's insistence that its relationships with telecoms firms must be kept private .
  • Telecoms companies "feared damage to their brands internationally, if the extent of their co-operation with HMG [Her Majesty's government] became apparent", the GCHQ document warned. It added that if intercepts became admissible as evidence in UK courts "many CSPs asserted that they would withdraw their voluntary support".The report stressed that while companies are going beyond what they are required to do under UK law, they are not being asked to violate it.Shami Chakrabarti, Director of Liberty and Anthony Romero Executive Director of the American Civil Liberties Union issued a joint statement stating:"The Guardian's publication of information from Edward Snowden has uncovered a breach of trust by the US and UK Governments on the grandest scale. The newspaper's principled and selective revelations demonstrate our rulers' contempt for personal rights, freedoms and the rule of law.
  • "Across the globe, these disclosures continue to raise fundamental questions about the lack of effective legal protection against the interception of all our communications."Yet in Britain, that conversation is in danger of being lost beneath self-serving spin and scaremongering, with journalists who dare to question the secret state accused of aiding the enemy."A balance must of course be struck between security and transparency, but that cannot be achieved whilst the intelligence services and their political masters seek to avoid any scrutiny of, or debate about, their actions."The Guardian's decision to expose the extent to which our privacy is being violated should be applauded and not condemned."
  • Paul Merrell on 26 Oct 13
     
    The Guardian lands another gigantic bomb squarely on target, with massive potential for diplomatic, political, and financial disruption. Well done, Guardian. 
Paul Merrell

Trump signs order temporarily halting admission of refugees, promises priority for Chri... - 0 views

www.washingtonpost.com/...6-a547-5fb9411d332c_story.html

Trump religious-discrimination refugees

shared by Paul Merrell on 28 Jan 17 - No Cached
  • President Trump signed an order Friday to suspend admission of all refugees for 120 days while a new system is put in place to tighten vetting for those from predominantly Muslim countries and give preference to religious minorities. Trump said that the goal is to screen out “radical Islamic terrorists” and that priority for admission would be given to Christians.
  • Paul Merrell on 28 Jan 17
     
    What part of the Constitution's prohibition against religious discrimination does Trump not understand?
Paul Merrell

NSA says it considered collecting phone call location data - Los Angeles Times - 0 views

articles.latimes.com/...a-na-nsa-surveillance-20131003

surveillance state NSA Clapper Alexander Wyden location-data lies

shared by Paul Merrell on 14 Feb 14 - No Cached
  • The National Security Agency collected samples of records showing where Americans were when they made mobile phone calls in 2010 and 2011 to test how it could obtain and process the data in bulk, but decided not to move forward with the plan, intelligence officials disclosed Wednesday.The admission by NSA chief Keith Alexander to a Senate committee solved part of a mystery about the digital spying agency's involvement with data that could reveal the day-to-day movements of — and deeply personal information about — every cellphone user.
  • Sen. Ron Wyden (D-Ore.), who receives classified briefings as a member of the Senate Intelligence Committee, had been pressing the NSA to acknowledge its flirtation with bulk collection of U.S. location data. He said in a statement there was more to the story, but did not elaborate."After years of stonewalling on whether the government has ever tracked or planned to track the location of law-abiding Americans through their cellphones, once again, the intelligence leadership has decided to leave most of the real story secret — even when the truth would not compromise national security," Wyden said.
  • The NSA already vacuums up as much mobile phone location data on foreign targets outside the U.S. as it can get, former officials say.The news of the NSA's location data test emerged at a Senate Judiciary Committee hearing on agency surveillance as the director of national intelligence, James R. Clapper, offered a new rationale for the agency's controversial collection of U.S. calling records in bulk.
  • ...1 more annotation...
  • "We have heard over and over again the assertion that 54 terrorist plots were thwarted by the use of Section 215 and/or Section 702 authorities," Leahy said, referring to parts of surveillance law. "That's plainly wrong, but we still get it in letters to members of Congress; we get it in statements. These weren't all plots, and they weren't all thwarted. The American people are getting left with an inaccurate impression of the effectiveness of NSA programs."Alexander acknowledged that only in two cases at most could officials say that domestic terrorist activity would not have been detected without the collection of American phone records.But Clapper added that determining "plots foiled" was not the only way to measure the usefulness of the domestic phone database. The records also allow analysts to rule out domestic conspiracies, he said."I would call it the 'peace of mind' metric," he said.
  • Paul Merrell on 14 Feb 14
     
    Alexander says they don't collect location-data on U.S. citizens, then Wyden all but calls him a liar.  And check Clapper's admission that NSA's call metadata program offers nothing but his own "peace of mind."
Gary Edwards

Senate Democrats Pushed for IRS Tea Party Snooping Before Criticizing It - Brian Walsh ... - 0 views

www.usnews.com/...snooping-before-criticizing-it

IRS IRS-gate

shared by Gary Edwards on 15 May 13 - No Cached
  • Gary Edwards on 15 May 13
     
    Democrats caught red handed pushing the IRS to audit, harass and delay efforts to establish Constitutional Patriot and Jewish Homeland non profit groups.   The Democrats political efforts behind the IRS's blatant violation of these American citizens 4th Amendment Right to organize and assemble dates back to the 2009 Supreme Court decision known as "Citizens United". In "Citizens Untied", the court ruled that corporations are people, and thus are entitled to 1st Amendment Rights.  Including full participation and monetary contributions in political campaigns. this ruling was further confirmed when the Supreme Court overturned a century old Montana Law prohibiting corporate spending in that State's elections.   The "Citizens United" ruling so upset Obama and the Socialist Party that he publicly scolded the Supreme Court justices during a State of the Union address.  The Progressives rightfully feared that corporations would ppour "unregulated independent expenditures" into newly formed Tea Party Patriot based non profits.  Unable to overturn Citizens United, the Dems called on the IRS and a host of other government bureaucracies to block, harass and slow down the funding of their political opposition. this article exposes the same Dem clowns who are now crying foul as the same tyrants who kicked off the IRS led effort to slow down the Tea Party Patriot opposition movement.   How the Jewish Homeland groups got into the IRS gun sights is still a mystery, but one thing is known:  With the election of Obama in 2008, the IRS moved from targeting non profit Muslim Groups as possible terrorist funding organizations, to targeting Tea Party Patriot movements.  Maybe that's also when they took on Jewish Homeland groups?  excerpt: "With Washington gripped by a trio of exploding scandals this week - from Benghazi to government spying on news outlets to thug tactics by the Internal Revenue Service - Senate Democrats seem to be hoping that if they just yell lou
Gary Edwards

Will The Real Left Please Stand Up | Malcolm's Corner - 0 views

malcolmscorner.wordpress.com/...-the-real-left-please-stand-up

liberalism trial-by-jury

shared by Gary Edwards on 04 Jan 13 - No Cached
  • Gary Edwards on 04 Jan 13
     
    ""It is manifest, therefore, that the jury must judge of and try the whole case, and every part and parcel of the case, free of any dictation or authority on the part of the government. They must judge of the existence of the law; of the true exposition of the law; of the justice of the law; and of the admissibility and weight of all the evidence offered; otherwise the government will have everything its own way; the jury will be mere puppets in the hands of the government; and the trial will be, in reality, a trial by the government, and not a "trial by the country." By such trials the government will determine its own powers over the people, instead of the people's determining their own liberties against the government; and it will be an entire delusion to talk, as for centuries we have done, of the trial by jury, as a "palladium of liberty," or as any protection to the people against the oppression and tyranny of the government." Lysander Spooner, Essay on the Trial By Jury, 1852"
Paul Merrell

Casetext - 0 views

casetext.com/...8ibiqdidfjsk8vb4qk0velx2o

Trump immigration religion litigation Constitution

shared by Paul Merrell on 31 Jan 17 - No Cached
  • As reported by the Washington Post, yesterday President Trump signed an Executive Order ( full text) suspending for 90 days immigrant and non-immigrant entry into the U.S. of aliens from seven Muslim-majority countries-- Iraq, Iran, Syria, Yemen, Sudan, Libya and Somalia. (It should be noted that the countries to which the Executive Order is applicable is discoverable only by elaborate cross references in Sec. 3(c) of the Order that ultimately lead to this list developed last year by the Department of Homeland Security under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of travelers not eligible to participate in the visa waiver program). The Executive Order does not apply to those entering under various diplomatic visas. The Executive Order also suspends admission of all refugees for 120 days, and of Syrian refugees for an indefinite period. It provides that when refugee admissions are resumed: the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality. Following up on this provision, Trump told the Christian Broadcasting Network that priority will be given to persecuted Christians in the Middle East, particularly Syria. The Legal Director of the ACLU in a post earlier today argued that the Executive Order's targeting of Muslims and favoring of Christians violates the Establishment Clause. Meanwhile CAIR announced that it will be holding a news conference Monday on a lawsuit that it will file in federal district court in Virginia to "challenge the constitutionality of the order because its apparent purpose and underlying motive is to ban people of the Islamic faith from Muslim-majority countries from entering the United States."
Gary Edwards

Impeach Judge James Robart for violating sovereignty and Constitution - 0 views

www.conservativereview.com/...g-sovereignty-and-constitution

Byron-York Trump-Immigration-Order

shared by Gary Edwards on 08 Feb 17 - No Cached
  • Gary Edwards on 08 Feb 17
     
    "It's still hard to believe we now live in a country where a district judge can demand that we bring in refugees from state sponsors of terror and failed states saturated with terrorists and no data systems during a time of war. It's almost unfathomable that a district judge, an institution created by Congress, can overturn long-standing refugee law and bar the federal government from prioritizing persecuted religious minorities for refugee resettlement. All in contravention to statute, numerous clauses of the Constitution, the social contract, the social compact, popular sovereignty, jurisdictional sovereignty, and 200 years of case law. If Obergefell redefined the building block of all civilization, Judge James Robart's ruling redefined the building block of a sovereign nation. It's hard to comprehend a judicial opinion more divorced from our Constitution, sovereignty, fundamental laws, founding values, history, and tradition. It's also hard to imagine an opinion that is of greater consequence - unless it is ignored. In the long run, Congress must strip the federal judiciary of their power grab and restore Congress' plenary power over immigration, as it was since our founding. However, in the meantime, it's time to make impeachment great again. Impeachment was a critical check on abuse of power   Before the growth of political parties killed the separation of powers, the tool of impeachment was regarded by our founders as one of the most effective ways of checking the executive and judicial branches of government. By my count, impeachment is referenced 58 times in the Federalist Papers and countless times during the Constitutional Convention. Impeachment [U.S.CONST. art. II, §4] was not only reserved for those who engage in criminal behavior. It was clearly designed to check abuse of power. As the Congressional Research Service observes, Congress has identified "improperly exceeding or abusing the powers of the office" as a criterion for
Gary Edwards

Can Americans Escape the Deception? - 0 views

www.paulcraigroberts.org/...can-americans-escape-deception

Paul-Craig-Roberts

shared by Gary Edwards on 11 Jul 12 - No Cached
  • Gary Edwards on 11 Jul 12
     
    I've been reading Paul Craig Roberts since high school, when i used to clip his backpage columns in NewsWeek magazine. These days, you have to go to his blog to get the truth. But what a truth it is! Incredible, forceful but presented only as PCR can do. His wake up call to America is not about Republicans or Democrats. It's about our liberty and the all out assault our government, socialist and conservatives alike, has launched on the Constitution. Amerika! This is what it comes to. It's also why i'm a libertarian. Read it and weep. Excerpt is from the 9/11 section. excerpt: In a real investigation, the 9/11 evidence would not have been illegally destroyed, and the investigation would have been conducted by experts, not by government agencies assigned a cover-up and by political hacks. The NIST report is abject nonsense. It explains nothing. It is a fabricated computer simulation of a non-event. The co-chairmen and legal counsel of the 9/11 Commission later wrote books in which they stated that information was withheld from the commission, the military lied to the commission, and the commission "was set up to fail." Yet, these astounding admissions by the leaders of the 9/11 Commission had no impact on Congress, the presstitute media, or the public. All heads were in the sand. Please, whatever you do, don't make us emotional weaklings face the facts. More than one hundred firefighters, police, first responders, and building maintenance personnel report hearing and experiencing scores of explosions in the twin towers, including powerful explosions in the sub-basements prior to the collapse of the towers. Distinguished scientists, authors of many peer-reviewed scientific papers, report finding unreacted nano-thermite in the dust from the towers, tested it for its explosive and high-heat producing ability, and reported the unequivocal results. Seventeen hundred architects and engineers have testified in a petition to Congress that the th
  • Paul Merrell on 12 Jul 12
     
    For a detailed and fully referenced study of how 9-11 Commission Executive Director Philip Zelikow's conflict of interest and how he kept Commission members in the dark and sabotaged the Commission report, see http://tinyurl.com/6tdfc56
Gary Edwards

NY Times Admits: Al-Qaeda Terror Threat Used to "Divert Attention" from NSA Uproar | A ... - 1 views

libertyblitzkrieg.com/...vert-attention-from-nsa-uproar

NSA-Patriot-Act-NDAA NSA Wag-The-Dog

shared by Gary Edwards on 07 Aug 13 - No Cached
  • Gary Edwards on 07 Aug 13
     
    Wag the Dog? Obama using terror threats to divert public attention from NSA illegal spying? No surprise here except for the admission to the NYT. excerpt: "Some analysts and Congressional officials suggested Friday that emphasizing a terrorist threat now was a good way to divert attention from the uproar over the N.S.A.'s data-collection programs, and that if it showed the intercepts had uncovered a possible plot, even better. - NY Times article from August 2, 2013: Qaeda Messages Prompt U.S. Terror Warning Nothing about the above quote should surprise any of my readers, we all know the sick, twisted mindset of those involved in the Military-Industrial-Wall Street complex. What's more shocking is the fact that these folks so openly admit it to the New York Times, albeit in a typical anonymous and cowardly fashion. Let's not forget what Robert Shapiro, former Clinton official and Obama supporter told the FT in July 2010: The bottom line here is that Americans don't believe in President Obama's leadership. He has to find some way between now and November of demonstrating that he is a leader who can command confidence and, short of a 9/11 event or an Oklahoma City bombing, I can't think of how he could do that. I discussed the above quote and related topics in my 2010 piece: The Dangers of a Failed Presidency. Well, if Mr. Shapiro thinks President Obama didn't have credibility in 2010, one can only imagine what he thinks today. That is precisely what makes the current moment so extraordinarily dangerous. From the New York Times: WASHINGTON - The United States intercepted electronic communications this week among senior operatives of Al Qaeda, in which the terrorists discussed attacks against American interests in the Middle East and North Africa, American officials said Friday. It is unusual for the United States to come across discussions among senior Qaeda operatives about operational planning - through informants, intercepted e-mails o
Paul Merrell

Washington Confesses to Backing "Questionable Actors" in Syria | New Eastern Outlook - 0 views

journal-neo.org/...g-questionable-actors-in-syria

war & peace Syria Iraq ISIL Al-Nusrah al-Qaeda U.S.-foreign-policy U.S.-terrorism

shared by Paul Merrell on 25 May 15 - No Cached
  • However, now, there is a US Department of Defense (DoD) document confirming without doubt that the so-called “Syrian opposition” is Al Qaeda, including the so-called “Islamic State” (ISIS), and that the opposition’s supporters – the West, Turkey, Jordan, Saudi Arabia, and Qatar – specifically sought to establish safe havens in Iraq and eastern Syria, precisely where ISIS is now based. America is Behind ISISFirst appeared: http://journal-neo.org/2015/05/25/washington-confesses-to-backing-questionable-actors-in-syria/
  • Paul Merrell on 25 May 15
     
    Finally out in the open. The U.S. DoD document released by Judical Watch makes it crystal clear that the U.S. and allies in 2012 were supporting al-Nusrah (al Qaeda in Syria) and the Islamic State in Iraq (Salafist predecessor to the proclaimed Islamic State). In Pogo's words, "we have met the enemy and he is us." This is confirmation of a mountain of evidence that the U.S. and its allies have supplied and provided command and control for ISIL and al Qaeda/al Nusrah foreces in Iraq and Syria. The document admits a similar relationshp with the Muslim Brotherhood fighting forces in those nations. More importantly than the confirmatiion, the document constitutes an admission by the U.S. that it is waging a proxy war against the nations of Iraq and Syria. The emergence of the Islamic State can no longer credibly serve as justification for U.S. military action in Syria because that justification depends on a combination of the right to militarily aid a nation at war that requests it and the doctrine that when a nation (Syria) is unwilling or unable to control civilian actors who inflict harm on another nation (Iraq), the injured nation has the right to invade the other nation to the extent necessary to remove the threat. But with this document in the open, we have a doctrine of unclean hands barrier to the U.S. assertion of right to invade Syria's sovereign territory; the U.S. is concurrently backing the civilian force in Syria that is threatening Iraq. Therefore, the U.S. has unclean hands and may not lawfully invoke the doctrine permitting a state to invade a state unwilling or unable to control civilian actors who injure another state. U.S. invasion of Syria is now established as a war of agression, the most serious of war crimes. This also means that President Obama has been far less than candid in requesting a retroactive Authorization for Use of Military Force in Congress that would encompass military invasion of Syria, raising the issue of an impeachable abu
Paul Merrell

Mission Failure Admission: US Abandons Program To Train Syrian Rebels - 0 views

www.mintpressnews.com/...210232

war & peace Syria DoD-arms-training

shared by Paul Merrell on 10 Oct 15 - No Cached
  • The U.S. Pentagon is expected to announce Friday that it will end its oft-criticized $500 million program to train and equip Syrian rebels, offering further evidence of the Obama administration’s incoherent and failed strategy in Syria and beyond. According to the New York Times, which broke the news, Pentagon officials will officially announce the end of the program on Friday, as Defense Secretary Ashton B. Carter leaves London after meetings with his British counterpart, Defense Minister Michael Fallon, about the continuing wars in Syria and Iraq. “A senior Defense Department official, who was not authorized to speak publicly and who spoke on the condition of anonymity, said that there would no longer be any more recruiting of so-called moderate Syrian rebels to go through training programs in Jordan, Qatar, Saudi Arabia or the United Arab Emirates,” the Times reports. “Instead, a much smaller training center would be set up in Turkey, where a small group of ‘enablers’— mostly leaders of opposition groups—would be taught operational maneuvers like how to call in airstrikes.” The program had been criticized from the beginning, with many charging that the strategy would merely lead to deeper chaos and regional instability—all while being based on mistaken assumptions.
  • “The proposition that there is a moderate Syrian opposition with enough military potential and—even more importantly—popular support inside Syria to overthrow the Assad government is a myth,” foreign policy experts Flynt Leverett and Hillary Mann Leverett wrote for Consortium News one year ago. “To claim in addition that these mythical moderate oppositionists can take on and defeat the Islamic State is either blatantly dishonest or dangerously delusional.” And just last month, journalist Robert Parry described the program as “an embarrassing failure, producing only about 50 fighters who then were quickly killed or captured by Al Qaeda’s Nusra and other jihadist groups, leaving only ‘four or five’ trainees from the program, according to Gen. Lloyd J. Austin III, head of the U.S. Central Command which has responsibility for the Middle East.”
  • As Common Dreams reported at the time, Central Command admitted in September that the U.S.-trained and armed rebels at the center of the policy had turned over at least a quarter of their American-issued equipment to the al Nusra Front, which is linked with al Qaeda.
  • Paul Merrell on 10 Oct 15
     
    Congress, of course, just appropriated $600 million to expand the same program. 
Gary Edwards

Obama's assault on capitalism is killing the Dow: Moving to a European-Style Social Wel... - 0 views

online.wsj.com/...SB123629969453946717.html

michael-boskin financial-crisis obama-socialism banksters

shared by Gary Edwards on 06 Mar 09 - Cached
  • Increasing the top tax rates on earnings to 39.6% and on capital gains and dividends to 20% will reduce incentives for our most productive citizens and small businesses to work, save and invest -- with effective rates higher still because of restrictions on itemized deductions and raising the Social Security cap. As every economics student learns, high marginal rates distort economic decisions, the damage from which rises with the square of the rates (doubling the rates quadruples the harm).
  • New and expanded refundable tax credits would raise the fraction of taxpayers paying no income taxes to almost 50% from 38%. This is potentially the most pernicious feature of the president's budget, because it would cement a permanent voting majority with no stake in controlling the cost of general government.
    • Gary Edwards
      Gary Edwards on 06 Mar 09
       
      Maybe this change in the tax base will make it impossible in the future to assemble another Reagan coalition? Libertarians, patriotic repubicans, and patriotic blue collar democrats?
  • Unfortunately, our history suggests new government programs, however noble the intent, more often wind up delivering less, more slowly, at far higher cost than projected, with potentially damaging unintended consequences. The most recent case, of course, was the government's meddling in the housing market to bring home ownership to low-income families, which became a prime cause of the current economic and financial disaster.
  • Gary Edwards on 06 Mar 09
     
    President Obama is returning to Jimmy Carter's higher taxes and Mr. Clinton's draconian defense drawdown. Mr. Obama's $3.6 trillion budget blueprint, by his own admission, redefines the role of government in our economy and society. The budget more than doubles the national debt held by the public, adding more to the debt than all previous presidents -- from George Washington to George W. Bush -- combined. It reduces defense spending to a level not sustained since the dangerous days before World War II, while increasing nondefense spending (relative to GDP) to the highest level in U.S. history. And it would raise taxes to historically high levels (again, relative to GDP). And all of this before addressing the impending explosion in Social Security and Medicare costs.
Paul Merrell

Testimony of the National Intelligence Director - NYTimes.com - 0 views

www.nytimes.com/...nal-intelligence-director.html

security state NSA lies Clapper

shared by Paul Merrell on 05 Jan 14 - No Cached
  • “Edward Snowden, Whistle-Blower” (editorial, Jan. 2) repeats the allegation that James R. Clapper Jr., the director of national intelligence, “lied” to Congress about the collection of bulk telephony metadata. As a witness to the relevant events and a participant in them, I know that allegation is not true.
  • ROBERT S. LITT General Counsel, Office of the Director of National Intelligence Washington, Jan. 3, 2014
  • Paul Merrell on 05 Jan 14
     
    The NSA's General Counsel attempts to paint James Clapper's lie to Congress as not a lie while acknowledging that his answer was false. Don't look for logic here. Whatever happened to Clapper's later admission that his answer was "the least untruthful answer" he could give in a public session.  Clapper needs to be prosecuted for perjury in his Congressional testimony.   
Paul Merrell

US to Detainee: The Government "Regrets Any Hardship" - 0 views

fas.org/...regrets-any-hardship

deep-state unlawful-detention litigation apology

shared by Paul Merrell on 22 Jan 15 - No Cached
  • In an unusual gesture, the U.S. Government last week apologized to Abdullah al-Kidd, a U.S. citizen who was arrested in 2003 and detained as a material witness in connection with a terrorism-related case. Mr. Al-Kidd, represented by American Civil Liberties Union attorney Lee Gelernt, challenged his detention as unconstitutional and inhumane. Now the case has been settled, with an official apology and a payment of $385,000. “The government acknowledges that your arrest and detention as a witness was a difficult experience for you and regrets any hardship or disruption to your life that may have resulted from your arrest and detention,” wrote U.S. Attorney Wendy J. Olson in a January 15 letter. This sort of admission of regret is rare. The government apologizes much less frequently than it perpetrates injuries that are inappropriate or unwarranted. So, for example, the recent Senate report on post-9/11 CIA interrogation practices noted that at least 26 individuals had been “wrongfully detained.” But legal attempts to recover damages are typically foreclosed by courts based on “separation of powers, national security, and the risk of interfering with military decisions.”
  • Why not apologize and compensate those who have been abused and mistreated, starting with those individuals who by all accounts are innocent of any wrongdoing? It would be the just and honorable thing to do, both for the intelligence community and for the country. And it would be most powerful (and most “therapeutic”) if the IC undertook this step at its own initiative, rather than waiting to be compelled by others. “Personally I agree,” a senior U.S. intelligence community legal official said privately, “for the reasons you say and some others. [But] getting it done is a lot harder.” And so it is. Even as it apologized to Abdullah al-Kidd, the U.S. Government insisted on a stipulation that the settlement of the case “is not, is in no way intended to be, and should not be construed as, an admission of liability or fault on the part of the United States.”
  • Paul Merrell on 22 Jan 15
     
    More background on the case here. https://en.wikipedia.org/wiki/Ashcroft_v._al-Kidd
Paul Merrell

UK Government Admits Intelligence Services Allowed To Break Into Any System, Anywhere, ... - 0 views

www.techdirt.com/...stem-anywhere-any-reason.shtml

surveillance state GCHQ claimed-authority NSA-targets

shared by Paul Merrell on 23 Mar 15 - No Cached
  • Recently, Techdirt noted that the FBI may soon have permission to break into computers anywhere on the planet. It will come as no surprise to learn that the US's partner in crime, the UK, granted similar powers to its own intelligence services some time back. What's more unexpected is that it has now publicly said as much, as Privacy International explains: The British Government has admitted its intelligence services have the broad power to hack into personal phones, computers, and communications networks, and claims they are legally justifed to hack anyone, anywhere in the world, even if the target is not a threat to national security nor suspected of any crime. That important admission was made in what the UK government calls its "Open Response" to court cases started last year against GCHQ. Here's what it reveals, according to Privacy International:
  • Buried deep within the document, Government lawyers claim that while the intelligence services require authorisation to hack into the computer and mobile phones of "intelligence targets", GCHQ is equally permitted to break into computers anywhere in the world even if they are not connected to a crime or a threat to national security. Moreover: The intelligence services assert the right to exploit communications networks in covert manoeuvres that severely undermine the security of the entire internet. The deployment of such powers is confirmed by recent news stories detailing how GCHQ hacked into Belgacom using the malware Regin, and targeted Gemalto, the world's largest maker of SIM cards used in countries around the world.
  • What's important about this revelation is not just the information itself -- many people had assumed this was the case -- but the fact that once more, bringing court cases against the UK's GCHQ has ferreted out numerous details that were previously secret. This shows the value of the strategy, and suggests it should be used again where possible.
Paul Merrell

National security bill opens the door to expanded control orders and secret evidence | ... - 0 views

nsnbc.me/...rol-orders-and-secret-evidence

civil-liberties Australia secret-evidence litigation

shared by Paul Merrell on 16 Nov 15 - No Cached
  • On Thursday, Attorney-General George Brandis introduced a new national security bill into the Senate. This is the fifth tranche of national security legislation to be introduced into parliament since July 2014.
  • This bill includes a host of new measures designed to address the evolving threat posed by terrorism. These include: a new offence of advocacy of genocide; amendments to the control order regime, so it applies to persons 14 years and older, and new measures to monitor controlees; and clarification of the basis for issuing a preventative detention order. But the bill’s most concerning aspect is the proposal to expand the secrecy provisions available to courts in control order proceedings. Keeping national security information secret in court Since 2004, legislation has been in place to deal with information that is likely to prejudice national security in federal court proceedings. This legislation created a special closed hearing procedure to determine whether national security information could be disclosed in court and, if so, in what form. This process regulates disclosure between the parties – that is, who gets to see what.
  • The bill expands this by creating special provisions that allow the court to consider sensitive material that the controlee and legal representative have not seen in proceedings to impose, confirm or vary a control order. It provides that a court can consider all of the information: contained in an original source document in control order proceedings, even where the controlee and their legal representative have been provided with only a redacted or summarised form of the document; contained in an original source document in control order proceedings, even where the controlee and their legal representative have not been provided with any information contained in the original source document; and provided by a witness, even where the information provided by the witness is not disclosed to the controlee or their legal representative. The bill’s effect is to allow secret evidence into control order proceedings.
  • ...1 more annotation...
  • “Secret evidence” is that which is not disclosed to an affected party and their legal representative. It is not new. A successful claim of public interest immunity, for example, results in secret material being excluded from the evidence presented in court. What is new in the anti-terror context is legislation that allows the courts to rely on secret evidence in control order proceedings.
  • Paul Merrell on 16 Nov 15
     
    Australia, along with the UK, cotinues its steady march to the right on national security matters. The admissibility of secret evidence in judicial proceedings is antithetical to notions of Due Process and a fair trial, as well as to public oversight of judicial proceedings.  
Paul Merrell

Afghan defense minister says Taliban hid in bombed hospital - 0 views

bigstory.ap.org/...ys-taliban-hid-bombed-hospital

war & peace Afghanistan Konduz hospitals war crimes U.S.-foreign-policy

shared by Paul Merrell on 20 Oct 15 - No Cached
  • Afghanistan's acting defense minister said Monday that the Doctors Without Borders hospital bombed by U.S. forces in the northern city of Kunduz was being used by insurgents as a "safe place." The hospital was bombed by a U.S. AC-130 gunship in the early hours of Oct. 3, killing at least 22 people and wounding many more. The main building was destroyed and the hospital has been shut down. "That was a place they wanted to use as a safe place because everybody knows that our security forces and international security forces were very careful not to do anything with a hospital," Defense Minister Masoom Stanekzai told The Associated Press, adding that a Taliban flag had been mounted on one of the hospital's walls.
  • Paul Merrell on 20 Oct 15
     
    That's a public relations defense, not a legal defense to a war crime. Hospitals with staff and patients are strictly off-limits as targets during wartime. Notably, even if one took what Stanekzai said at face value, it constitutes an admission that the Taliban were using the hospital as a safe harbor, not as a fortification from which to direct fire. But he could also be sweeping in wounded Taliban who were among the patients being treated. Would the fact that American troops are being treated for wounds in an Afghan hospital be viewed as making it permissible for the Taliban to target the hospital for rocket fire? Hardly. 
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