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Gary Edwards

A First Look at the Book "The Liberty Amendments", by Mark Levin - Tea Party Command Ce... - 0 views

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    Excellent youtube interview! "Mark Levin has just published his much-anticipated book The Liberty Amendments: Restoring the American Republic. Three of his eleven proposed Constitutional amendments appear below, and a Sean Hannity interview of Levin appears at the bottom of this post. Levin's book is centered around the Constitution's Article V (aka "Article 5″). That article specifies two methods for amending the Constitution. Just briefly - In the first method of creating amendments, Congress proposes and the States dispose. In the second method of creating amendments, the States propose and the States dispose. The second method has never been used successfully, although there have been many attempts.  It is that second method that the Founders provided as a remedy for an overreaching federal government. In the second method, neither Congress, nor the President, nor the Supreme Court have any voting or veto authority whatsoever.  The states are in full control. Period. It is, by design, the ultimate override for an over-spending, over-taxing, over-regulating, and increasingly dictatorial and lawless federal government. Clearly, its time has come. In that second method, Congress has at most a mere ministerial role.  Of course Congress is very protective of its power, and could, through delay and inaction, attempt to convert their mere ministerial role into a de facto veto power, halting any attempt for a state-driven amendment action. Apparently Congress has done exactly that many times, acting in bad faith and contrary to the Framers' spirit and intent for Article V which is clearly expressed in the Federalist Papers. Legal scholars have been trying to find a way around the federal government's intransigence, so far with little success. Now more than ever, it is time for We the People to bring the power of Article V to the center ring of American politics. That starts with awareness, and Levin's book will br
Gary Edwards

Rand Paul's Tea Party Response: Full Text - 0 views

  • With my five-year budget, millions of jobs would be created by cutting the corporate income tax in half, by creating a flat personal income tax of 17%, and by cutting the regulations that are strangling American businesses.
  • America has much greatness left in her. We will begin to thrive again when we begin to believe in ourselves again, when we regain our respect for our founding documents, when we balance our budget, when we understand that capitalism and free markets and free individuals are what creates our nation’s prosperity.
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    Outstanding statement about what made America great, an dhow are government is destroying that greatness.  This is the full Text of Sen. Rand Paul's Tea Party Response to Obama's State of the Union Address: I speak to you tonight from Washington, D.C. The state of our economy is tenuous but our people remain the greatest example of freedom and prosperity the world has ever known. People say America is exceptional. I agree, but it's not the complexion of our skin or the twists in our DNA that make us unique. America is exceptional because we were founded upon the notion that everyone should be free to pursue life, liberty, and happiness. For the first time in history, men and women were guaranteed a chance to succeed based NOT on who your parents were but on your own initiative and desire to work. We are in danger, though, of forgetting what made us great. The President seems to think the country can continue to borrow $50,000 per second. The President believes that we should just squeeze more money out of those who are working. The path we are on is not sustainable, but few in Congress or in this Administration seem to recognize that their actions are endangering the prosperity of this great nation. Ronald Reagan said, government is not the answer to the problem, government is the problem. Tonight, the President told the nation he disagrees. President Obama believes government is the solution: More government, more taxes, more debt. What the President fails to grasp is that the American system that rewards hard work is what made America so prosperous. What America needs is not Robin Hood but Adam Smith. In the year we won our independence, Adam Smith described what creates the Wealth of Nations. He described a limited government that largely did not interfere with individuals and their pursuit of happiness. All that we are, all that we wish to be is now threatened by the notion that you can have something for nothing, that you can have your cake and ea
Paul Merrell

Beltway Foreign Policy Groups to Congress: Stay Out of the Way on Iran! « Lob... - 0 views

  • The November 24 deadline for Iran and world powers to reach an agreement on Iran’s nuclear program is quickly approaching.
  • If there is a deal on Nov. 24, the White House indicated, in an article authored by David E. Sanger in Sunday’s New York Times, that it would not seek an immediate vote on the agreement or sanctions relief, instead asserting that the administration can, and may need to, roll back some sanctions unilaterally as part of immediate sanctions relief guarantees in a possible agreement. Hawks in Congress may want to portray their position as representing the mainstream consensus but a letter signed by thirty-seven organizations and sent to members of Congress on Thursday offers some indication that many foreign policy groups in the beltway are concerned by Congress’ latest effort to meddle in the final weeks of sensitive diplomacy before the November deadline. The signatories—which include the Center for Arms Control and Non-Proliferation; J Street; MoveOn.org; the National Iranian American Council; Progressive Democrats of America; the United Methodist Church and VoteVets— expressed “deep concern with inaccurate and counterproductive rhetoric from a handful of Members of Congress regarding possible outcomes of the current negotiations.”
  • They continue: Particularly irresponsible are threats to oppose any comprehensive agreement limiting Iran’s nuclear program that initially suspends US sanctions on Iran through lawful executive action. Congress’ authorization of the President’s power to suspend and re-impose US sanctions on Iran is clear and unmistakable in each piece of legislation it has passed on the subject. Use of these provisions by the President to implement the initial phase of an agreement that ensures Iran does not acquire a nuclear weapon would reflect an affirmation, not a subversion, of Congress’ will. The echo chamber on Capitol Hill may give members of the House and Senate the impression that only the threat of military action or crushing sanctions are effective tools in bringing Iran to the negotiating table. (My colleague Ali Gharib and I discussed the disproportionate voice given to individuals from neoconservative organizations at congressional hearings on Iran in a July article in The Nation.)
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  • But the letter sent out on Thursday might give some congressional Democrats pause. Congress may lean hawkish but progressive groups in the beltway are throwing their weight behind the White House’s efforts to reach a diplomatic agreement on Iran’s nuclear program and are urging Congress to stay out of the way.
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    There's more behind this story than appears in its words. "Progressive" organizations have largely stood silent on the topic of war since Obama was elected because they are Obama fans and Obama has been anything but peaceful. But now they turn out because Obama needs Congress to stay out of the Iran situation until negotiations are complete and for some time afterward. The pressure on Congress to intervene is coming from the Israel Lobby. Keep in mind that it's been the consensus position of all 17 U.S. intelligence agencies for many years that Iran has no plans to create a nuclear weapon capability. Several Israeli intelligence and military leaders have said the same thing. The Iranian nukes myth is a propaganda theme of the ultra-right wing Israeli government leadership that has been used for several years in efforts to persuade the U.S. to invade Iran and bomb it back into the Stone Age. And their excuse for involving the U.S. military evaporates if the Obama Administration successfully negotiates an agreement with Iran that limits its lawful development of nuclear energy for peaceful purposes that will safeguard from any change of mind in Iran on development of nuclear weapons via, e.g., production limits and on-site inspections. The counter-argument is that such an agreement would have to be ratified by the Senate on grounds that it would be a treaty. But that argument falls short of the mark because: [i] the Executive has always had the unfettered right to negotiate and sign treaties; [ii] the U.S. government is not bound by treaties unless and until the Senate ratifies the treaty; and [iii] Congress already explicitly gave Obama authority to impose and suspend economic sanctions at his discretion. Meanwhile, part of the interim agreement with Iran so that negotiations can take place is a promise by the Obama Administration that it would veto any legislation imposing further sanctions on Iran during the period of negotiation. Because of the Israel Lobby'
Gary Edwards

Obama impeachment bill now in Congress - 2 views

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    In response to a hearing where the Secretary of Defense, Marxist Leon Panetta stated in a response to the question over who determines the proper and legal use of the US Military, that the Obama Regime would seek international permission from a NATO coalition or UN resolution.  Not Congress.   "Our goal would be to seek international permission and we would … come to the Congress and inform you and determine how best to approach this, whether or not we would want to get permission from the Congress - I think those are issues we would have to discuss as we decide what to do here." Of course, the Constitution expressly warrants that only Congress and Congress alone, has the power to declare war.  In response to the these globalist statements, a Bill has been introduced that elevates the unauthorized and un-Constitutional use of the US Military an impeachable offense. "The full wording of H. Con. Res. 107, which is currently referred to the House Committee on the Judiciary, is as follows: Expressing the sense of Congress that the use of offensive military force by a president without prior and clear authorization of an act of Congress constitutes an impeachable high crime and misdemeanor under Article II, Section 4 of the Constitution. Whereas the cornerstone of the Republic is honoring Congress's exclusive power to declare war under article I, section 8, clause 11 of the Constitution: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that, except in response to an actual or imminent attack against the territory of the United States, the use of offensive military force by a president without prior and clear authorization of an act of Congress violates Congress's exclusive power to declare war under Article I, Section 8, clause 11 of the Constitution and therefore constitutes an impeachable high crime and misdemeanor under Article II, Section 4 of the Constitution."
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    The headline is misleading. It is not a bill to impeach Obama; it is a bill to define the use of offensive military force without prior authorization of Congress as an impeachable offense. I checked the bill's history and both Ron Paul and Dennis Kucinich are cosponsors. Good on them. Unfortunately, both are lame ducks.
Paul Merrell

Netanyahu 'spat in our face,' White House officials said to say | The Times of Israel - 0 views

  • he White House’s outrage over Prime Minister Benjamin Netanyahu’s plan to speak before Congress in March — a move he failed to coordinate with the administration — began to seep through the diplomatic cracks on Friday, with officials telling Haaretz the Israeli leader had “spat” in President Barack Obama’s face.
  • “We thought we’ve seen everything,” the newspaper quoted an unnamed senior US official as saying. “But Bibi managed to surprise even us.
  • “There are things you simply don’t do. He spat in our face publicly and that’s no way to behave. Netanyahu ought to remember that President Obama has a year and a half left to his presidency, and that there will be a price,” he said. Officials in Washington said that the “chickenshit” epithet — with which an anonymous administration official branded Netanyahu several months ago — was mild compared to the language used in the White House when news of Netanyahu’s planned speech came in. In his address the Israeli leader is expected to speak about stalled US-led nuclear negotiations with Iran, and to urge lawmakers to slap Tehran with a new round of tougher sanctions in order to force it to comply with international demands. The Mossad intelligence service on Thursday went to the rare length of issuing a press statement to deny claims, cited by Kerry, that its chief Tamir Pardo had told visiting US politicians that he opposed further sanctions.
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  • The Washington Post reported that Netanyahu’s apparent disrespect for the US leadership was particularly offensive to Secretary of State John Kerry, who over the past month had made frenzied efforts on Israel’s behalf on the world stage — making dozens of calls to world leaders to convince them to oppose a UN Security Council resolution which would have set a timeframe for the establishment of a Palestinian state. “The secretary’s patience is not infinite,” a source close to Kerry told the Post. “The bilateral relationship is unshakable. But playing politics with that relationship could blunt Secretary Kerry’s enthusiasm for being Israel’s primary defender.”
  • Israel is scheduled to hold elections on March 17. Netanyahu confirmed Thursday that he would address Congress in early March. He was initially slated to speak on February 11, but changed the date so he could attend the AIPAC conference.
  • “I look forward to the opportunity to express before the joint session Israel’s vision for a joint effort to deal with [Islamist terrorism and Iran’s nuclear program], and to emphasize Israel’s commitment to the special bond between our two democracies,” Netanyahu said, according to the statement.
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    Netanyahu is getting pounded in the Israeli press for offending Obama. It is hihgly significant that Netanyahu changed the date for his speech to Congress to coincide with the annual AIPAC conference.  During the AIPAC conference, hundreds of Isarel-firsters descend on Washington, D.C., get their marching orders and scripts, and fan out to descend on the offices of members of Congress. Then nearly all members of Congress will reciprocate by attending Netanyahu's speech to the AIPAC conference and giving him many standing ovations as he addresses the joint session of Congress. (24 standing ovations on his last speech to Congress). It is a sickening display of disloyalty to America but you don't get to stay in Congress if you speak out against AIPAC because AIPAC will arrange for your opponent in the next election to get very big bucks and you will be subjected to merciless rumor warfare.   But in any event, this will be an all-out effort to get Congress to enact more sanctions against Iran. Netanyu's goal will be a veto proof super-majority. If he gets that and Congress overrides Obama's veto, that will be the end of the negotiations with Iran. And Netanyahu's read is that if he can take credit for scuttling the Iran negotations, that will translate into votes in the Israeli election scheduled for two weeks after his speech to Congress. 
Gary Edwards

PETITION URGING CONGRESS TO IMPEACH PRESIDENT BARACK OBAMA - 0 views

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    "PETITION URGENTLY REQUESTING THAT CONGRESS LAUNCH AN INDEPENDENT AND COMPREHENSIVE INVESTIGATION INTO UNCONSTITUTIONAL AND IMPEACHABLE OFFENSES ON THE PART OF PRESIDENT BARACK OBAMA To: All members of the U.S. Congress: Whereas, President Barack Obama not only failed to aid U.S. personnel under lethal and prolonged terrorist attack in Benghazi, Libya, on Sept. 11, 2012, resulting in the deaths of a U.S. ambassador and three other Americans, but also led an outrageously deceitful cover-up for weeks afterward, rivaling the Watergate-era cover-up that ended the presidency of Richard Nixon; Whereas, the IRS under Obama - in accord with direct instructions from congressional Democrats - has engaged in the most egregious and widespread attack on conservative groups in modern history, with the knowledge of top agency officials; Whereas, the Obama Justice Department, on top of its many first-term scandals, has spied on and harassed journalists at Fox News and the Associated Press, prompting widespread, bipartisan condemnation of the DOJ for "criminalizing journalism"; Whereas, top constitutional attorneys from across the political spectrum now agree that Obama has committed certain specific offenses that unquestionably rise to the level of impeachable "high crimes and misdemeanors"; Whereas, one of these offenses - that of illegally conducting war against Libya - has been deemed by a bipartisan panel of constitutional experts to be "clearly an impeachable offense" and "gross usurpation of the war power"; Whereas, Obama's policy of targeted assassinations of U.S. citizens without any constitutionally required due process - including the drone assassination of an American-born 16-year-old as he was eating dinner - is unanimously deemed by experts, both liberal and conservative, as "an impeachable offense"; Whereas, Obama's Justice Department has presided over the disastrous "Fast and Furious" operation in which approximately 2
Gary Edwards

American Thinker: Taking Back Our Constitution by Anthony G.P. Marini - 0 views

  • However, any powers that the Congress derives regarding commerce activities arise from Article I, Section 8 of the Constitution: "[Congress has the power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes[.]"This clause was considered silent because lawmakers couldn't figure out a straight-faced way to exploit this narrowly-defined power: The actual wording gives Congress power to regulate commerce among the states, but not between individual citizens
  • So by conflating a generous reinterpretation with commerce-related laws, the Congress gave itself the authority to regulate individual citizens.
  • Congress required new powers of the purse...the power to tax outside of those powers explicitly set forth in Article I, Section 8 of the Constitution:
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  • Congress was able to accomplish what was once unthinkable by past Congresses. Congress acquired the legislative tools required to implement a sweeping, socially progressive agenda using just two words: Commerce and Welfare.
  • two mid-1930s Supreme Court decisions2 did the Congress finally get their desired taxation superpowers.
  • clause. However actual expansions of these powers were a long time coming, and
  • not until
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    Americans, the Constitution of the United States of America doesn't belong to us anymore. We have let our guard down one too many times with regard to our constitutional responsibilities, rights, and liberties, and now elected politicians control the document. Because of a lack of vigilance and perhaps of laziness on our part, our representatives and our government constrain and dominate us using legislative powers obtained from interpretations, penumbrae, and self-serving close calls for scant (and vaguely defined) words in our Constitution. It took a long time for Congress and the government to amass these powers that they have taken from us, and they certainly won't relinquish them as easily as we gave them up. But with unflinching purpose, we must begin to take the Constitution back, as well as reimpose limits on congressional powers, for the sake of future Americans. The start of flagrant congressional abuse of the Constitution may be traced to the late 19th century1, when lawmakers found they could exploit the previously "silent" commerce clause. As Americans are highly dependent upon commerce, a government that can control all aspects of commerce is a very powerful government indeed. However, any powers that the Congress derives regarding commerce activities arise from Article I, Section 8 of the Constitution: "[Congress has the power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes[.]" This clause was considered silent because lawmakers couldn't figure out a straight-faced way to exploit this narrowly-defined power: The actual wording gives Congress power to regulate commerce among the states, but not between individual citizens. So by conflating a generous reinterpretation with commerce-related laws, the Congress gave itself the authority to regulate individual citizens.
Gary Edwards

BENGHAZI - THE BIGGEST COVER-UP SCANDAL IN U.S. HISTORY? - WAS BENGHAZI A CIA GUN-RUNNI... - 0 views

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    "LibertyNEWS.com - Editorial Team Special Report It's never fun to admit you've been lied to and duped. There is no comfort in realizing a high-level group in government has conned you. The wound created from such a realization would be deep and painful when paired with extraordinary insult when you realize the cons are people you not only trusted, but people who are tasked with protecting your rights, your liberty, your life. When these people betray you, you're in trouble - big trouble. Unfortunately, we believe America is being betrayed by powerful individuals tasked with our protection. These people are found in the White House, the Congress, the CIA and other government entities - and they're lying to you. Then they're covering it up on an epic scale, in a never-before-seen manner. Here are the basics of what the schemers in government and the complicit media would like for us all to focus on and buy into: Why wasn't there better security at the consulate (keep this misleading word in mind) in Benghazi? Why didn't authorization come to move special forces in for protection and rescue? Why was an obscure video blamed when everyone knew the video had nothing to do with it? Did Obama's administration cover-up the true nature of the attacks to win an election? Truth is, as we're starting to believe, the above questions are convenient, tactical distractions. And truth is, answers to these questions, if they ever come, will never lead to revelations of the REAL TRUTH and meaningful punishment of anyone found responsible. Rep. Darrell Issa knows this, members of the House Committee investigating the Benghazi attacks know this, the White House knows this, and much of the big corporate media infrastructure knows it, too. How do they know it? Because they know the truth. They know the truth, but cannot and/or will not discuss it in public. Here are the basics that we (America, in general) should be focusing on, but aren't: Why do media
Paul Merrell

Update on Iran Sanctions Legislation « LobeLog - 0 views

  • The sponsors of the latest Kirk-Menendez Iran sanctions bill appear determined to move the legislation as quickly as possible, although it has yet to be formally introduced. Of course, both Obama and visiting British Prime Minister David Cameron came out strongly against any sanctions legislation during their joint press appearance at the White House Friday, warning that approval risked sabotaging not only the ongoing negotiations, but also unity among the P5+1 (U.S., U.K, France, Russia, China plus Germany) themselves. In olden times one would have expected most Republicans to take seriously what a British prime minister–especially one from Winston Churchill’s Conservative Party–has to say about a foreign policy issue of mutual interest. But the combination of their real hatred for Obama and purported love for Israel (and especially for the campaign funds from wealthy Republican Jewish Coalition donors like Sheldon Adelson) is likely to supersede the historic “special relationship” extolled by Churchill himself. In any event, the best and most up-to-date summary of where things stand was provided in the weekly Legislative Round-Up by Lara Friedman of Americans for Peace Now (APN), lengthy excerpts of which are reproduced below with permission. (APN legislative round-ups are an excellent source for tracking what’s happening on Capitol Hill on Middle East policy.) Note that there are two parts to her account: the first is regarding an AIPAC draft that circulated earlier this week (and Lara’s analysis of that legislation); the second, an updated version circulated at week’s end apparently in the hope of securing more Democratic support, as well as Lara’s analysis of that draft.
  • Updated analysis of Kirk-Menendez text (as of 3pm, 1/16) In some annoying corollary to Murphy’s Law, shortly after posting analysis of the draft text of the new Kirk-Menendez sanctions bill (in which it was noted that the text should not be considered final or authoritative), a newer draft of the bill began circulating (underscoring the oddness of AIPAC circulating a “summary” of the bill while it was/is apparently still being tweaked).  Bearing in mind that this new text should still not be considered final or authoritative, the following are some observations about this newer text:
  • Existing sanctions don’t snap back, but additional sanctions relief remains elusive: This newer text repeats language in the earlier draft to the effect that while following an agreement (and required notification to Congress) the President may not waive any sanctions on Iran until Congress has had time to review the deal and the Administration’s plans to verify Iranian compliance. The newer version includes language – completely absent in the earlier draft – stipulating that this ban on waiving sanctions does not apply to sanctions previously waived under the JPOA. Notably, the updated version of the bill still stipulates that the Congressional review period during which the President is barred from waiving any new sanctions must last “30 days of continuous session of Congress,” and defines “continuous session” as not including periods where Congress is in recess for more than 3 days.  What does this mean? Looking at the House Calendar for 2105 and counting the days, it means that if the President sends the details of a deal and the required “verification assessment” to Congress on July 5, no new sanctions may be waived until at least November 13.
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  • Automatic new sanctions if no agreement or further delay: Like the earlier version, this text stipulates that new sanctions would automatically be imposed, escalating over a period of months, in the event that  the Presidents fails to send to Congress the details of a comprehensive deal reached with Iran and the required “verification assessment” by July 5. This appears to apply even in the case of an additional extension or the sides agreeing to a period to iron out the details of implementation of an agreement.  It also stipulates that in the event that the President fails to send to Congress the details of a comprehensive deal reached with Iran and the required “verification assessment” by July 5, any sanctions previously waived by the President under the JPOA will automatically snap back on.
  • Laying out far-reaching parameters for a deal: Like in the previous version, the Sense of Congress included in the bill is, by definition, non-binding. It nonetheless sends a strong statement of Congressional intent. And this Sense of Congress, like the previous version, sends a statement of hardline red lines in order for any deal to be acceptable to Congress (and the lengthy review period imposed by this bill clearly implies that Congress will be reviewing any agreement to determine if it meets its standards – and implies that if it does not meet its standards, there will be concrete consequences). Promising that sanctions will continue, regardless of a deal. While, like in the previous version, the Sense of Congress is by definition non-binding, it nonetheless sends a strong statement of Congressional intent. And this Sense of Congress once again makes clear that even if there is a deal that verifiably addresses U.S. concerns about Iran’s nuclear program, Congress will seek to continue to impose far-reaching sanctions against Iran for other reasons.
  • Planting the seeds for a deal to far apart:  The key provisions of this updated version of the bill, even amended, are a clear poison pill for any agreement.  In effect, this bill undermines negotiations and weakens U.S. negotiators. Rather than offering more sanctions relief to Iran in exchange for a deal, it prohibits it, and establishes a 4-month period during which the President is explicitly deprived of any authority to deliver anything to Iran beyond what was already delivered during negotiations. Assuming Iran would agree to a deal under such circumstances – which is doubtful – this bill sets into motion a dynamic in which Iranian opponents of a diplomacy will have an easy time arguing against the deal, and in which mischief-makers in Congress will have ample time to push ahead with new legislation rejecting a deal or putting new conditions on its implementation and limitations on sanctions relief. And given the Sense of Congress in this bill – which makes the case for continued Iran sanctions even after a nuclear deal, it is not a stretch to imagine that members of Congress would adopt such an approach during this 4 month waiting period.
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    Remember that the Israeli-firsters goal is not actually do do anything about Iranian nuclear weapons: there are none. There goal is to shoot down the negotiations and for the U.S. to bomb Iran back into the Stone Age.
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.
  •  
    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

SD Times: Software Development News - Top Stories - 1 views

  •  
    "Here is another example of how this administration and Congress randomly decide which laws they like and which ones they don't. For those of us paying attention we remember that Sen. Chuck Grassley, (R-Iowa) added a clause into the original text of the Affordable Care Act that said members of Congress and their aides MUST be covered by plans created by the law or offered through an exchange. Before Obamacare, Congress and their staff were covered by a health care plan that was considered "golden".  This was being paid for by the taxpayers.  Under Obamacare and Grassley's provision, Congress and staff would be subject to the exact same treatment as the rest of us. In other words, if government payments stopped, lawmakers and their aides would have been looking at thousands of dollars in additional premium payments.  (Just like the rest of us.)  Before Obamacare, the government contributed almost 75% to their premium payments. When they finally got around to "finding out what was in the bill", Capitol Hill started wringing their hands and hyperventilating.  With Grassley's provision in there, that would mean that, gasp, they would have to live by the same rules as the rest of and they just could not let that happen. All sorts of complaints were being made. For instance, "staffers don't make enough money to pay those premiums"; or "they will look for more lucrative jobs" in order to afford them.  Really?  How about the rest of the American people out there?  Do you think that they can afford higher premiums on the part-time work that they now will be forced into because of employer cut-backs?  The best line came from Nancy Pelosi who said that if Congress lost these Capitol Hill workers, a "tremendous intellectual resource" would be lost.  You just have to shake your head in disbelief. Congress is not the only one in the Ruling Class crying foul.  Just last week, IRS Chief, Daniel Werfel stated in no uncertain terms that he w
Gary Edwards

Congressional Power - 1 views

  •  
    Legal Brief on Congressional Power, Court Rulings, & the Constitution: The expressed powers of Congress are listed in the Constitution. Congress also has implied powers, which are based on the Constitution's right to make any laws that are "necessary and proper" to carry out those expressed powers. Congress has exercised its implied powers thousands of times over the years. Here are but a few major illustrations of that fact. 1780 1789 The Constitution gives expressed powers to Congress in Article 1, Section 8. 1800 1810 1819 In McCulloch v. Maryland, the Supreme Court holds that the powers to tax, borrow, and regulate commerce give Congress the implied power to establish a national bank. 1820 1824 Gibbons v. Ogden is the first commerce clause case to reach the Supreme Court. The broad definition of commerce the Court lays out in its ruling extends federal authority. 1830 1840 1850 1860 1862 The U.S. government issues its first legal tender notes, which are popularly called greenbacks. 1870 1870 In Hepburn v. Griswold the Supreme Court rules that the Constitution does not authorize the printing of paper money. 1870 The Court reverses its position on the printing of paper money and holds that issuing paper money is a proper use of the currency power in the Legal Tender cases. The decision in Juliard v. Greenman (1884) reaffirms this holding. 1880 1890 1890 The Sherman Antitrust Act, based on the commerce power, regulates monopolies and other practices that limit competition. 1900 1910 1920 1930 1935 The Wagner Act, based on the commerce power, recognizes labor's right to bargain collectively. 1935 The Social Security Act is passed. 1937 The Supreme Court upholds the Social Security Act of 1935 as a proper exercise of the powers to tax and provide for the general welfare in Steward Machine Co. v. Davis and Helvering v. Davis. 1940 1950 1956 The Interstate and National Highway Act, based on the commerce and war powers, provides for a national interstate highway system.
Gary Edwards

Possible Constitutional Amendments in the event of an Article V Convention of States - ... - 0 views

  • NUMBER ONE: "Section One:   The Constitution of the United States shall be read and interpreted literally.   No words or phrases shall be changed or substituted and no part of the Constitution shall be used to expand or increase Federal Power or Authority beyond that EXPRESSLY granted and enumerated in the Constitution.   The language of the Constitution shall be interpreted according to the definition of words at the time of their inclusion in the Constitution. Section Two:    Congress shall have, by two thirds vote of both the House of Representatives and the Senate, the power to override individual rulings of the Supreme Court of the United States and/or subordinate Federal Courts.   The President shall not have veto authority over Congressional overrides of Federal Court decisions."
  • NUMBER TWO: "Section One:    No person shall be elected to Congress more than once unless serving in Congress at the time of the ratification of this amendment, in which case members of Congress shall be eligible for re-election to their respective seats one time. Section Two:     In the event the Seventeenth Amendment to the Constitution of the United States is repealed members of the Senate of the United States shall serve at the pleasure and discretion of the Legislature of their respective State. Section Three:  Neither Congress, the President, nor any Federal Court shall make any law, rule, regulation, or order that does not apply equally to themselves and all citizens of the United States.   Nor shall Congress, the President, or any Federal Court cause or allow any law, rule, regulation, or order to be made by any agent or agency of the Federal Government that does not apply equally to themselves and all citizens of the United States.
  • Section Four:    Neither Congress nor the President shall receive any publically-funded retirement or benefit beyond appropriate pay not available to all citizens of the United States. Section Five:    Section Four shall not apply to members of Congress or Presidents, serving or retired, at the time of the ratification of this amendment. Section Six:      The President shall be subject to popular recall by his/her constituency.   Within 90 days of the ratification of this amendment Congress shall pass legislation governing the recall of the President.   In the event Congress fails to pass the required legislation within the required 90 days, the President shall be considered to have been recalled and a new election held within 60 days. Section Seven: Members of Congress shall be subject to popular recall by their respective constituencies, unless the Seventeenth Amendment to the Constitution of the United States is repealed, in which case only members of the House of Representatives shall be subject to popular recall.   Within 90 days of the ratification of this amendment each State shall pass legislation governing the recall of its Congressional Delegation.   In the event a State fails to pass the required legislation within the required 90 days, that State's Congressional Delegation shall be considered to have been recalled and new elections held within 60 days."
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  • NUMBER THREE: "Congress shall make and the President shall sign a Balanced Federal Budget every year and before the beginning of the ensuing fiscal year.   In the event Congress and the President fail to make said Balanced Federal Budget before the beginning of the ensuing fiscal year, the last Constitutionally passed and signed Federal Budget shall go into effect and shall be the Federal Budget for the entirety of the ensuing fiscal year.   Balanced shall be defined as expenditures not to exceed revenues except in time of war as declared by Congress.   Revenues shall be defined as monies received; not monies predicted, anticipated, or forecasted.   Unfunded liabilities, obligations, and/or mandates shall be included in the calculation of the Balanced Federal Budget."
  • NUMBER FOUR: "The Fourteenth, Sixteenth, and Seventeenth Amendments to the Constitution of the United States are hereby repealed.   All Federal agencies, programs, laws, rules, regulations, and/or orders created, passed, or handed down as a direct or indirect result of the Fourteenth, Sixteenth, and/or Seventeenth Amendments are hereby stricken from Law, declared null and void, and have no force of effect."
  • NUMBER FIVE: "Section One:     Only persons born of two parents, both of whom are citizens of the United States at the time of the birth of the person, shall be citizens of the United States unless naturalized under the terms and conditions of the Constitution of the United States. Section Two:      Only United States Citizens shall enjoy or receive all rights, benefits, and privileges of United States Citizenship. Section Three:   Non-citizens shall not receive, directly or indirectly, Federal or Constitutional benefits, privileges, or protections."
  • NUMBER SIX:   "The several States are hereby empowered, individually or collectively, to enforce the Constitution of the United States and Federal Law, within their respective borders, regardless of Federal resistance or objections."
  • NUMBER SEVEN:   "Section One:   The Second Amendment to the Constitution of the United States shall be interpreted to mean the FUNDAMENTAL right of individual citizens and/or groups of citizens to keep and bear arms; in their homes and/or other properties, in public and private, and on their persons. Section Two:    Non-citizens and persons convicted of a violent felony by a jury of their peers do not have this right."
  • NUMBER EIGHT: "The First Amendment to the Constitution of the United States shall not be interpreted to prohibit or restrict the peaceful, free exercise or expression of religion, in public or private, or in or on public property."
  •  
    "Possible Constitutional Amendments in the event of an Article V Convention of States Posted by Oren Long on January 12, 2015 at 3:42am in Tea PartyView Discussions ARTICLE V CONVENTION OF STATES; ARE YOU WILLING TO CHANGE THE STATUS QUO IN D.C.?   One of our astute and true conservative members of this site has drafted suggested changes to the Constitution to be proposed in an Article V, Convention of States. I know many of you have seen his postings on here about this issue. Mr. Oren Long is very knowledgeable and well educated and has honorably served our country. He has put a tremendous amount of time and thought into ways to, in his words, "armor and reinforce" the Constitution and return it to its Original Intent, as envisioned by the Founders. Therefore, because I agree with every one of his suggested changes, I am publishing it for him, with his permission. I truly hope that we, as a group, as conservatives and as a people who believe that our country is heading toward disaster, because of the course we are on, I fully endorse his recommended suggestions. I believe that we must take any and every course of action we can to "stop the madness" It is quite long, so PLEASE take the time to read each and every one of them. I am sure that some or many, may have suggestions to this document and they are welcome and open to discussion. If you agree with this, please call your State elected officials and urge them to get on board with an Article V Convention of States. To review or obtain more information of this process, please visit one of these sites:    http://www.conventionofstates.com/           http://www.cosaction.com/              To Whom It May Concern, The following is neither sanctioned by nor proposed by the Article V Convention of States Project.   Rather, it is entirely my work as a volunteer for the Convention of States Project.   To give you an overview of the kinds of amendments that may or may not be consid
Paul Merrell

Information Awareness Office - Wikipedia, the free encyclopedia - 0 views

  • The Information Awareness Office (IAO) was established by the Defense Advanced Research Projects Agency (DARPA) in January 2002 to bring together several DARPA projects focused on applying surveillance and information technology to track and monitor terrorists and other asymmetric threats to U.S. national security, by achieving Total Information Awareness (TIA). This would be achieved by creating enormous computer databases to gather and store the personal information of everyone in the United States, including personal e-mails, social networks, credit card records, phone calls, medical records, and numerous other sources, without any requirement for a search warrant.[1] This information would then be analyzed to look for suspicious activities, connections between individuals, and "threats".[2] Additionally, the program included funding for biometric surveillance technologies that could identify and track individuals using surveillance cameras, and other methods.[2] Following public criticism that the development and deployment of this technology could potentially lead to a mass surveillance system, the IAO was defunded by Congress in 2003. However, several IAO projects continued to be funded, and merely run under different names.[3][4][5][6]
  • Among the other IAO programs that were intended to provide TIA with component data aggregation and automated analysis technologies were the Genisys, Genisys Privacy Protection, Evidence Extraction and Link Discovery, and Scalable Social Network Analysis programs. On August 2, 2002, Dr. Poindexter gave a speech at DARPAtech 2002 entitled "Overview of the Information Awareness Office"[7] in which he described the TIA program. In addition to the program itself, the involvement of Poindexter as director of the IAO also raised concerns among some, since he had been earlier convicted of lying to Congress and altering and destroying documents pertaining to the Iran-Contra Affair, although those convictions were later overturned on the grounds that the testimony used against him was protected.
  • The IAO was established after Admiral John Poindexter, former United States National Security Advisor to President Ronald Reagan, and SAIC executive Brian Hicks approached the US Department of Defense with the idea for an information awareness program after the attacks of September 11, 2001.[5] Poindexter and Hicks had previously worked together on intelligence-technology programs for the Defense Advanced Research Projects Agency. DARPA agreed to host the program and appointed Poindexter to run it in 2002. The IAO began funding research and development of the Total Information Awareness (TIA) Program in February 2003 but renamed the program the Terrorism Information Awareness Program in May that year after an adverse media reaction to the program's implications for public surveillance. Although TIA was only one of several IAO projects, many critics and news reports conflated TIA with other related research projects of the IAO, with the result that TIA came in popular usage to stand for an entire subset of IAO programs. The TIA program itself was the "systems-level" program of the IAO that intended to integrate information technologies into a prototype system to provide tools to better detect, classify, and identify potential foreign terrorists with the goal to increase the probability that authorized agencies of the United States could preempt adverse actions. As a systems-level program of programs, TIA's goal was the creation of a "counterterrorism information architecture" that integrated technologies from other IAO programs (and elsewhere, as appropriate). The TIA program was researching, developing, and integrating technologies to virtually aggregate data, to follow subject-oriented link analysis, to develop descriptive and predictive models through data mining or human hypothesis, and to apply such models to additional datasets to identify terrorists and terrorist groups.
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  • On January 16, 2003, Senator Russ Feingold introduced legislation to suspend the activity of the IAO and the Total Information Awareness program pending a Congressional review of privacy issues involved.[8] A similar measure introduced by Senator Ron Wyden would have prohibited the IAO from operating within the United States unless specifically authorized to do so by Congress, and would have shut the IAO down entirely 60 days after passage unless either the Pentagon prepared a report to Congress assessing the impact of IAO activities on individual privacy and civil liberties or the President certified the program's research as vital to national security interests. In February 2003, Congress passed legislation suspending activities of the IAO pending a Congressional report of the office's activities (Consolidated Appropriations Resolution, 2003, No.108–7, Division M, §111(b) [signed Feb. 20, 2003]). In response to this legislation, DARPA provided Congress on May 20, 2003 with a report on its activities.[9] In this report, IAO changed the name of the program to the Terrorism Information Awareness Program and emphasized that the program was not designed to compile dossiers on US citizens, but rather to research and develop the tools that would allow authorized agencies to gather information on terrorist networks. Despite the name change and these assurances, the critics continued to see the system as prone to potential misuse or abuse. As a result House and Senate negotiators moved to prohibit further funding for the TIA program by adding provisions to the Department of Defense Appropriations Act, 2004[10] (signed into law by President Bush on October 1, 2003). Further, the Joint Explanatory Statement included in the conference committee report specifically directed that the IAO as program manager for TIA be terminated immediately.[11]
  •  
    What became today's NSA programs of public concern were the brain child of Admiral John Poindexter and a private sector compadre. U.S. v. Poindexter, 951 F.2d 369, 390 (D.C. Cir. 1991). Poindexter had previously been convicted on five criminal counts involving lying to Congress and destruction and alteration of evidence.  His convictions were overturned on appeal on grounds that some of the testimony against him had been immunized from use in prosecution by Congress. There was no claim on appeal that any such evidence had been false.  86 U.S. v. Poindexter, 951 F.2d 369, 390 (D.C. Cir. 1991), . For far more detail of the evidence against Poindexter, see the August 4, 1993 final report by independent prosecutor Lawrence Walsh, Vol 1, Part 4 section 3, .  So one might say that today's controversial NSA activities were the idea of and conceived by a government official more than willing to lie to Congress and  to destroy and alter evidence. 
Paul Merrell

Rep. Justin Amash: House Intelligence Committee Withheld NSA Documents From Incoming Co... - 0 views

  • Defenders of the NSA's program always point to two things: it's all legal and it's all subject to oversight. Part of the "oversight" is the FISA "thumbs up" system that has approved every request for two years in a row. The other part of the "oversight" is Congress itself. Unfortunately, members of Congress have been lied to directly about the extent of the collections occurring under Section 215 (and 702), so that's one strike against the "oversight." Now, it appears that members of Congress are being selectively provided with information about the programs.
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    From last August, but  proof that the House Committee on Intelligence lied to other members of Congress about the scope of the NSA's dragnet surveillance of American citizens.  Two days later, another article emphasizing that folk in the White House knew that the information had been withheld from Congress but continued to trumpet that all members of Congress had received the suppressed information. http://www.techdirt.com/articles/20130814/11070124175/white-house-knew-that-mike-rogers-withheld-details-nsa-surveillance-others-congress.shtml
Paul Merrell

NSA statement does not deny 'spying' on members of Congress | World news | theguardian.com - 0 views

  • The National Security Agency on Saturday released a statement in answer to questions from a senator about whether it “has spied, or is … currently spying, on members of Congress or other American elected officials”, in which it did not deny collecting communications from legislators of the US Congress to whom it says it is accountable. In a letter dated 3 January, Senator Bernie Sanders of Vermont defined “spying” as “gathering metadata on calls made from official or personal phones, content from websites visited or emails sent, or collecting any other data from a third party not made available to the general public in the regular course of business”. The agency has been at the centre of political controversy since a former contractor, Edward Snowden, released thousands of documents on its activities to media outlets including the Guardian. In its statement, which comes as the NSA gears up for a make-or-break legislative battle over the scope of its surveillance powers, the agency pointed to “privacy protections” which it says it keeps on all Americans' phone records.
  • The statement read: “NSA’s authorities to collect signals intelligence data include procedures that protect the privacy of US persons. Such protections are built into and cut across the entire process. Members of Congress have the same privacy protections as all US persons. NSA is fully committed to transparency with Congress. Our interaction with Congress has been extensive both before and since the media disclosures began last June. “We are reviewing Senator Sanders’s letter now, and we will continue to work to ensure that all members of Congress, including Senator Sanders, have information about NSA’s mission, authorities, and programs to fully inform the discharge of their duties.” Soon after Sanders' letter was published, the director of national intelligence, James Clapper, announced that the Foreign Intelligence Surveillance (Fisa) Court, the body which exists to provide government oversight of NSA surveillance activities, had renewed the domestic phone records collection order for another 90 days.
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    Evasive answer. "Members of Congress have the same privacy protections as all U.S. persons." That is so evasive and conveys such little information that it cannot qualify as anything but a lie.
Paul Merrell

Running for Cover: A Sham Air Force Summit Can't Fix the Close Air Support Gap Created ... - 0 views

  • “I can’t wait to be relieved of the burdens of close air support,” Major General James Post, the vice commander of Air Combat Command (ACC), allegedly told a collection of officers at a training session in August 2014. As with his now notorious warning that service members would be committing treason if they communicated with Congress about the successes of the A-10, Major General Post seems to speak for the id of Air Force headquarters’ true hostility towards the close air support (CAS) mission. Air Force four-stars are working hard to deny this hostility to the public and Congress, but their abhorrence of the mission has been demonstrated through 70 years of Air Force headquarters’ budget decisions and combat actions that have consistently short-changed close air support. For the third year in a row (many have already forgotten the attempt to retire 102 jets in the Air Force’s FY 2013 proposal), the Air Force has proposed retiring some or all of the A-10s, ostensibly to save money in order to pay for “modernization.” After failing to convince Congress to implement their plan last year (except for a last minute partial capitulation by retiring Senate and House Armed Services Committee chairmen Senator Carl Levin (D-MI) and Representative Buck McKeon (R-CA)) and encountering uncompromising pushback this year, Air Force headquarters has renewed its campaign with more dirty tricks.
  • First, Air Force headquarters tried to fight back against congressional skepticism by releasing cherry-picked data purporting to show that the A-10 kills more friendlies and civilians than any other U.S. Air Force plane, even though it actually has one of the lowest fratricide and civilian casualty rates. With those cooked statistics debunked and rejected by Senate Armed Services Chairman Senator John McCain (R-AZ), Air Force headquarters hastily assembled a joint CAS “Summit” to try to justify dumping the A-10. Notes and documents from the Summit meetings, now widely available throughout the Air Force and shared with the Project On Government Oversight’s Center for Defense Information (CDI), reveal that the recommendations of the Summit working groups were altered by senior Air Force leaders to quash any joint service or congressional concerns about the coming gaps in CAS capabilities. Air Force headquarters needed this whitewash to pursue, yet again, its anti-A-10 crusade without congressional or internal-Pentagon opposition.
  • The current A-10 divestment campaign, led by Air Force Chief of Staff Mark Welsh, is only one in a long chain of Air Force headquarters’ attempts by bomber-minded Air Force generals to get rid of the A-10 and the CAS mission. The efforts goes as far back as when the A-10 concept was being designed in the Pentagon, following the unfortunate, bloody lessons learned from the Vietnam War. For example, there was a failed attempt in late-1980s to kill off the A-10 by proposing to replace it with a supposedly CAS-capable version of the F-16 (the A-16). Air Force headquarters tried to keep the A-10s out of the first Gulf War in 1990, except for contingencies. A token number was eventually brought in at the insistence of the theater commander, and the A-10 so vastly outperformed the A-16s that the entire A-16 effort was dismantled. As a reward for these A-10 combat successes, Air Force headquarters tried to starve the program by refusing to give the A-10 any funds for major modifications or programmed depot maintenance during the 1990s. After additional combat successes in the Iraq War, the Air Force then attempted to unload the A-10 fleet in 2004.
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  • To ground troops and the pilots who perform the mission, the A-10 and the CAS mission are essential and crucial components of American airpower. The A-10 saves so many troop lives because it is the only platform with the unique capabilities necessary for effective CAS: highly maneuverable at low speeds, unmatched survivability under ground fire, a longer loiter time, able to fly more sorties per day that last longer, and more lethal cannon passes than any other fighter. These capabilities make the A-10 particularly superior in getting in close enough to support our troops fighting in narrow valleys, under bad weather, toe-to-toe with close-in enemies, and/or facing fast-moving targets. For these reasons, Army Chief of Staff General Ray Odierno has called the A-10 “the best close air support aircraft.” Other Air Force platforms can perform parts of the mission, though not as well; and none can do all of it. Senator Kelly Ayotte (R-NH) echoed the troops’ combat experience in a recent Senate Armed Services committee hearing: “It's ugly, it's loud, but when it comes in…it just makes a difference.”
  • In 2014, Congress was well on the way to roundly rejecting the Air Force headquarters’ efforts to retire the entire fleet of 350 A-10s. It was a strong, bipartisan demonstration of support for the CAS platform in all four of Congress’s annual defense bills. But in the final days of the 113th Congress, a “compromise” heavily pushed by the Air Force was tucked into the National Defense Authorization Act for FY 2015. The “compromise” allowed the Air Force to move A-10s into virtually retired “backup status” as long as the Cost Assessment and Program Evaluation (CAPE) office in DoD certified that the measure was the only option available to protect readiness. CAPE, now led by former Assistant Secretary of the Air Force for Financial Management and Comptroller Jamie Morin, duly issued that assessment—though in classified form, thus making it unavailable to the public. In one of his final acts as Secretary of Defense, Chuck Hagel then approved moving 18 A-10s to backup status.
  • The Air Force intends to replace the A-10 with the F-35. But despite spending nearly $100 billion and 14 years in development, the plane is still a minimum of six years away from being certified ready for any real—but still extremely limited—form of CAS combat. The A-10, on the other hand, is continuing to perform daily with striking effectiveness in Afghanistan, Iraq, and Syria—at the insistence of the CENTCOM commander and despite previous false claims from the Air Force that A-10s can’t be sent to Syria. A-10s have also recently been sent to Europe to be available for contingencies in Ukraine—at the insistence of the EUCOM Commander. These demands from active theaters are embarrassing and compelling counterarguments to the Air Force’s plea that the Warthog is no longer relevant or capable and needs to be unloaded to help pay for the new, expensive, more high-tech planes that Air Force headquarters vastly prefers even though the planes are underperforming.
  • So far, Congress has not been any more sympathetic to this year’s continuation of General Welsh’s campaign to retire the A-10. Chairman McCain rejected the Air Force’s contention that the F-35 was ready enough to be a real replacement for the A-10 and vowed to reverse the A-10 retirement process already underway. Senator Ayotte led a letter to Defense Secretary Ashton Carter with Senators Tom Cotton (R-AR), Lindsey Graham (R-SC), Thom Tillis (R-NC), Roger Wicker (R-MS), Mike Crapo (R-ID), Johnny Isakson (R-GA), and Richard Burr (R-NC) rebuking Hagel’s decision to place 18 A-10s in backup inventory. Specifically, the Senators called the decision a “back-door” divestment approved by a “disappointing rubber stamp” that guts “the readiness of our nation’s best close air support aircraft.” In the House, Representative Martha McSally (R-AZ) wrote to Secretary Carter stating that she knew from her own experience as a former A-10 pilot and 354th Fighter Squadron commander that the A-10 is uniquely capable for combat search and rescue missions, in addition to CAS, and that the retirement of the A-10 through a classified assessment violated the intent of Congress’s compromise with the Air Force:
  • Some in the press have been similarly skeptical of the Air Force’s intentions, saying that the plan “doesn’t add up,” and more colorfully, calling it “total bullshit and both the American taxpayer and those who bravely fight our wars on the ground should be furious.” Those reports similarly cite the Air Force’s longstanding antagonism to the CAS mission as the chief motive for the A-10’s retirement.
  • By announcing that pilots who spoke to Congress about the A-10 were “committing treason,” ACC Vice Commander Major General James Post sparked an Inspector General investigation and calls for his resignation from POGO and other whistleblower and taxpayer groups. That public relations debacle made it clear that the Air Force needed a new campaign strategy to support its faltering A-10 divestment campaign. On the orders of Air Force Chief of Staff General Mark Welsh, General Herbert “Hawk” Carlisle—the head of Air Combat Command—promptly announced a joint CAS Summit, allegedly to determine the future of CAS. It was not the first CAS Summit to be held (the most recent previous Summit was held in 2009), but it was the first to receive so much fanfare. As advertised, the purpose of the Summit was to determine and then mitigate any upcoming risks and gaps in CAS mission capabilities. But notes, documents, and annotated briefing slides reviewed by CDI reveal that what the Air Force publicly released from the Summit is nothing more than a white-washed assessment of the true and substantial operational risks of retiring the A-10.
  • Just prior to the Summit, a working group of approximately 40 people, including CAS-experienced Air Force service members, met for three days at Davis-Monthan Air Force Base to identify potential risks and shortfalls in CAS capabilities. But Air Force headquarters gave them two highly restrictive ground rules: first, assume the A-10s are completely divested, with no partial divestments to be considered; and second, assume the F-35 is fully CAS capable by 2021 (an ambitious assumption at best). The working groups included A-10 pilots, F-16 pilots, and Joint Terminal Attack Controllers (JTACs), all with combat-based knowledge of the CAS platforms and their shortfalls and risks. They summarized their findings with slides stating that the divestment would “cause significant CAS capability and capacity gaps for 10 to 12 years,” create training shortfalls, increase costs per flying hour, and sideline over 200 CAS-experienced pilots due to lack of cockpits for them. Additionally, they found that after the retirement of the A-10 there would be “very limited” CAS capability at low altitudes and in poor weather, “very limited” armor killing capability, and “very limited” ability to operate in the GPS-denied environment that most experts expect when fighting technically competent enemies with jamming technology, an environment that deprives the non-A-10 platforms of their most important CAS-guided munition. They also concluded that even the best mitigation plans they were recommending would not be sufficient to overcome these problems and that significant life-threatening shortfalls would remain.
  • General Carlisle was briefed at Davis-Monthan on these incurable risks and gaps that A-10 divestment would cause. Workshop attendees noted that he understood gaps in capability created by retiring the A-10 could not be solved with the options currently in place. General Carlisle was also briefed on the results of the second task to develop a list of requirements and capabilities for a new A-X CAS aircraft that could succeed the A-10. “These requirements look a lot like the A-10, what are we doing here?” he asked. The slides describing the new A-X requirements disappeared from subsequent Pentagon Summit presentations and were never mentioned in any of the press releases describing the summit.
  • At the four-day Pentagon Summit the next week, the Commander of the 355th Fighter Wing, Davis-Monthan Air Force Base, Col. James P. Meger, briefed lower level joint representatives from the Army and the Marine Corps about the risks identified by the group at Davis-Monthan. Included in the briefing was the prediction that divestment of the A-10 would result in “significant capability and capacity gaps for the next ten to twelve years” that would require maintaining legacy aircraft until the F-35A was fully operational. After the presentation, an Army civilian representative became concerned. The slides, he told Col. Meger, suggested that the operational dangers of divestment of the A-10 were much greater than had been previously portrayed by the Air Force. Col. Meger attempted to reassure the civilian that the mitigation plan would eliminate the risks. Following the briefing, Col. Meger met with Lt. Gen. Tod D. Wolters, the Deputy Chief of Staff for Operations for Air Force Headquarters. Notably, the Summit Slide presentation for general officers the next day stripped away any mention of A-10 divestment creating significant capability gaps. Any mention of the need to maintain legacy aircraft, including the A-10, until the F-35A reached full operating capability (FOC) was also removed from the presentation.
  • The next day, Col. Meger delivered the new, sanitized presentation to the Air Force Chief of Staff. There was only muted mention of the risks presented by divestment. There was no mention of the 10- to 12-year estimated capability gap, nor was there any mention whatsoever of the need to maintain legacy aircraft—such as the A-10 or less capable alternatives like the F-16 or F-15E—until the F-35A reached FOC. Other important areas of concern to working group members, but impossible to adequately address within the three days at Davis-Monthan, were the additional costs to convert squadrons from the A-10 to another platform, inevitable training shortfalls that would be created, and how the deployment tempos of ongoing operations would further exacerbate near-term gaps in CAS capability. To our knowledge, none of these concerns surfaced during any part of the Pentagon summit.
  • Inevitably, the Air Force generals leading the ongoing CAS Summit media blitz will point congressional Armed Services and Appropriations committees to the whitewashed results of their sham summit. When they do, Senators and Representatives who care about the lives of American troops in combat need to ask the generals the following questions: Why wasn’t this summit held before the Air Force decided to get rid of A-10s? Why doesn’t the Air Force’s joint CAS summit include any statement of needs from soldiers or Marines who have actually required close air support in combat? What is the Air Force’s contingency plan for minimizing casualties among our troops in combat in the years after 2019, if the F-35 is several years late in achieving its full CAS capabilities? When and how does the Air Force propose to test whether the F-35 can deliver close support at least as combat-effective as the A-10’s present capability? How can that test take place without A-10s? Congress cannot and should not endorse Air Force leadership’s Summit by divesting the A-10s. Instead, the Senate and House Armed Services Committees need to hold hearings that consider the real and looming problems of inadequate close support, the very problems that Air Force headquarters prevented their Summit from addressing. These hearings need to include a close analysis of CAPE’s assessment and whether the decision to classify its report was necessary and appropriate. Most importantly, those hearings must include combat-experienced receivers and providers of close support who have seen the best and worst of that support, not witnesses cherry-picked by Air Force leadership—and the witnesses invited must be free to tell it the way they saw it.
  • If Congress is persuaded by the significant CAS capability risks and gaps originally identified by the Summit’s working groups, they should write and enforce legislation to constrain the Air Force from further eroding the nation’s close air support forces. Finally, if Congress believes that officers have purposely misled them about the true nature of these risks, or attempted to constrain service members’ communications with Congress about those risks, they should hold the officers accountable and remove them from positions of leadership. Congress owes nothing less to the troops they send to fight our wars.
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     Though not touched on in the article, the real problem is that the A10 has no proponents at the higher ranks of the Air Force because it is already bought and paid for; there's nothing in the A10 for the big Air Force aircraft manufacturing defense contractors. The F35, on the other hand is, is a defense contractor wet dream. It's all pie in the sky and big contracts just to get the first one in the air, let alone outfit it with the gear and programming needed to use it to inflict harm. It's been one cost-overrun after another and delay after delay. It's a national disgrace that has grown to become the most expensive military purchase in history. And it will never match the A10 for the close air support role. It's minimum airspeed is too high and its close-in maneuverability will be horrible. The generals, of course, don't want to poison the well for their post-military careers working for the defense contractors by putting a halt to the boondobble. Their answer: eliminate the close air support mission for at least 10-12 years and then attempt it with the F35.   As a former ground troop, that's grounds for the Air Force generals' court-martial and dishonorable discharge. I would not be alive today were it not for close air support. And there are tens of thousands of veterans who can say that in all truth. The A10 wasn't available back in my day, but by all reports its the best close air support weapons platform ever developed. It's a tank killer and is heavily armored, with redundant systems for pilot and aircraft survivability. The A10 is literally built around a 30 mm rotary cannon that fires at 3,900 rounds per minute. It also carries air to ground rockets and is the only close air support aircraft still in the U.S. arsenal. Fortunately, John McCain "get it" on the close air support mission and has managed to mostly protect the A10 from the generals. If you want to learn  more about the F35 scandal, try this Wikipedia article section; although it's enoug
Gary Edwards

Federal Reserve Loans Need To Be Investigated - post-journal.com | News, Sports, Jobs, ... - 1 views

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    I'm almost too afraid to look, but the Federal Reserve must be stopped.  Let's see, the Treasury takes in $2 Trillion per year in taxes;  the ruling establishment has tripled the spending, pegging at $3.6 Trillion per year; meaning we have to finance a deficit of $1.6 Trillion per year; and we're facing interest payments on the national debt of $5 Trillion per year with unfunded "social" obligation at $100 Trillion.  Now we find out the Federal Reserve Bankster Cartel passed out over $7 Trillion in goodies to member banksters before they secretly passed out $16.2 Trillion to the Cartel to cover the 2008 financial collapse losses. Time to dust off Executive Order 11110, issued by President John F Kennedy five months prior to the coup d'état, giving the Treasury Department the explicit authority to issue silver certificates backed by Treasury silver bullion, if needed.  Basically Order 11110 stripped the Federal Reserve Bankster Cartel of it's power to loan money to the US Government at interest.  The Federal Reserve Notes in use would be competing with newly minted US Silver Certificates.   It would be easy enough to pay off the Bankster Cartel interest with official Federal Reserve Notes since there is so much paper out there.  But i would prefer the RiCO statue be invoked, assets seized, and charges of treason levied via the outrageous violations of the 1792 Coinage Act and conspiracy to destroy the dollar.   Many Americans, myself included, have long wondered why We the People would charge ourselves "interest" on money we borrow from our future selves?  Who does that?  But when we discover that the Federal Reserve is about as 'Federal" as Federal Express, the narrative wuickly leads to questions of how did it happen that we turned governance and stewardship of the national currency over to a private cartel of banksters?   Is the Federal Reserve Bankster Act of 1913 constitutional? Hardly.  Article 1 Section 8 of the Constitution la
Gary Edwards

Articles of Impeachment Against Obama - 0 views

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    Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language.   We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors.   On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.   Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared:   "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776.   THE IMPEACHMENT POWER   Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."   THE ARTICLES OF IMPEACHMENT   In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:   ARTICL
Paul Merrell

New low for Congress: Just 6 percent approve, finally lower than car salespeople | Wash... - 0 views

  • The public’s approval rating for Congress has finally hit rock bottom: For the first time, America has a higher opinion of car salespeople. A new Economist/YouGov.com poll put the approval rating of Congress at a historic low of 6 percent. A December 2012 Gallup poll comparing Congress' approval ratings to other occupations had car salespeople at the bottom at 8 percent and Congress at 10 percent. Now Congress is the cellar dweller. The nation’s bad opinion of Congress, impacted by inaction, budget fights and the battle over the filibuster, has also spread to Senate leaders. Just 19 percent approve of Senate Republican leader Mitch McConnell while 54 percent disapprove. Democratic leader Sen. Harry Reid’s ratings are 52 percent unfavorable, 25 percent favorable.
  • “What Americans are sure about is how they feel about Congress in general. They don’t like it, and haven’t liked it for a while,” said the poll. “But Congress’s approval rating in this week’s Economist/YouGov Poll matches its all-time low. Just 6 percent approve of the way Congress is handling its job. 72 percent disapprove.” “Only 10 percent of Democrats, 7 percent of Republicans, and 3 percent of independents approve of Congress.
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    But despite these numbers, the vast majority of American voters will in the next election (and those to follow) fall for the "choice of evils" political ploy of the Democratic and Republican campaign managers. But "none of the above" remains the clear leader in the public opinion polls. 
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