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Paul Merrell

Senate goes for 'nuclear option' - Burgess Everett and Seung Min Kim - POLITICO.com - 0 views

  • The Senate approved a historic rules change on Thursday by eliminating the use of the filibuster on all presidential nominees except those to the U.S. Supreme Court.Invoking the long-threatened “nuclear option” means that most of President Barack Obama’s judicial and executive branch nominees no longer need to clear a 60-vote threshold to reach the Senate floor and get an up-or-down vote.
  • Senate Majority Leader Harry Reid (D-Nev.) used the nuclear option Thursday morning, meaning he called for a vote to change the Senate rules by a simple majority vote. It passed, 52 to 48. Three Democrats voted against changing the rules — Sen. Carl Levin of Michigan, Joe Manchin of West Virginia and Mark Pryor of Arkansas. “It’s time to change the Senate before this institution becomes obsolete,” Reid said in a lengthy floor speech on Thursday morning. A furious Senate Minority Leader Mitch McConnell (R-Ky.), who tried to recess the Senate for the day before the rules change could get a vote, said after the minority’s power was limited by Democrats: “I don’t think this is a time to be talking about reprisal. I think it’s a time to be sad about what has been done to the United States Senate.”
  • The debate over the filibuster — and specifically its use on D.C. Circuit nominees — has been raging for nearly a decade, stretching back to when George W. Bush was president and Democrats were in the minority. But changing the Senate rules has always been avoided through a piecemeal deal, a gentleman’s agreement or a specific solution, not a historic change to the very fabric of the Senate.
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  • But since Obama’s nomination, the “nuclear option” has reared its head three times in less than a year — each time getting closer to the edge. Many in the Senate privately expected that this go-round would be yet another example of saber rattling, but Reid said pressure was increasing within his own party to change the rules. The blockade of three consecutive nominees to a powerful appellate court was too much for Democrats to handle — and Reid felt compelled to pull the trigger, explaining that “this is the way it has to be.”
  • Senate Democrats were quick to use their newfound powers, voting in the early afternoon to end the filibuster on Patricia Millett’s nomination to the D.C. Circuit Court of Appeals. The vote was 55-43, with two senators voting present. Before the change earlier Thursday, Millett would have needed 60 votes to clear the procedural hurdle and move on to a confirmation vote. But now, she needed just 51 to advance.
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    The Senate's filibuster rule, particularly since abandonment of the requirement that the filibustering Senator must keep talking so long as the filibuster continues, has seemed more and more an anachronism to me as I age. Its use to indefinitely block an up or down vote on a legislative measure -- in essence granting each Senator veto power over proposed measures seems fundamentally at odds with democratic principles to me. Certainly during my lifetime, the filibuster rule has been abused by both major parties, transforming a mere rule of procedure into an individual veto power nowhere set forth in the Constitution, in effect requiring a 60 per cent super-majority to pass a controversial measure. The Constitution is not silent on the subject of super-majorities in the Senate, specifying a super-majority to override a presidential veto and to remove a federal official from office by impeachment. Therefore, one might argue that the Founders knew how to write a super-majority requirement but did not see fit to require a supermajority to close debate and bring a measure to a vote. In other words, I favor abolishing the filibuster rule entirely and making "the nuclear option" standard procedure except where the Constitution establishes a super-majority requirement. To me it is not important that this limitation of the filibuster rule occurred when the Democrats had the majority in the Senate; whenever it were to happen, some party would be in the minority. And I do not believe that the People of this nation will be disadvantaged by up or down votes on Senate measures.  Now can we please get rid of the filibuster rule entirely?
Paul Merrell

Glenn Greenwald  "The Goal Of The U.S. Government Is To Eliminate ALL Privacy... - 0 views

  • When Edward Snowden leaked American intelligence secrets the whole world became aware of the extent of US-UK surveillance of global phone and internet traffic. Have the revelations flagged up a corrosive infringement of individual liberty, or undermined efforts to protect the world from terrorism? Hardtalk speaks to journalist, Glenn Greenwald - the man who broke the Snowden story. His mission, he says, is to hold power to account. Is this a journalistic crusade that's gone too far?
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    The latest hilarious chapter in the ongoing saga of BBC commentators trying to best Glenn Greenwald in an interview. This time with a stuffed-shirt, pompous type who does an exceedingly poor job of concealing that his is the voice of GCHQ. How many documents do you have? Who else has them? How are they protected? Don't you think that you should give them back to NSA? What makes you think you are qualified to make decisions about what to publish? Haven't you endangered the security of millions of people with your sensational, advocacy journalism. Don't you know that Bob Woodward has severely criticized the way you have handled this?   Greenwald, of course, makes mincemeat of the latest BBC talking head to tackle him without knowing the subject matter and always turns the questions back onto the real story: that government agencies have created an Orwellian surveillance state, that goverrnent can't be trusted to operate in secrecy. Greenwald so thoroughly danced on the fellow's brain that he probably missed that Greenwald had not only demonstrated that the guy was a government stooge but then told him flat out that he was.   When the guy tried the old shouting match trick, Greenwald calmly informed him that if he wanted to filibuster that Greenwald would hang up and let him filibuster to his heart's content but that if he wanted to conduct an interview he would darned well allow Greenwald to answer the questions before changing the subject. All in all, a masterful performance by a U.S. constitutional lawyer, uncowed by the interviewer's highbrow received pronunciation. See http://en.wikipedia.org/wiki/Received_Pronunciation This reminded me of federal District Court Judge Owen Panner's First Law of Trial Conduct: Never try to cross-examine an expert. In my time I've met a very few lawyers capable of doing so but it takes an incredible amount of research and consultation with another expert or five, and the setting of meticulous traps. Glenn Greenwald's latest B
Gary Edwards

Saul Alinsky Leaves the White House | The American Spectator - 0 views

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    "When Barack Obama leaves the White House tomorrow, he leaves with his worst dreams unrealized. Still, what he leaves behind is awful. Thank goodness he'll be gone. The very day after Obama was elected in 2008, I predicted in this space that his team would steal the Senate by hook and crook (see: Al Franken); nuke the filibuster at least for judicial nominees; liberalize voting laws (or enforcement thereof) to make fraud easier while charging opponents with "vote suppression"; drum up spurious allegations of civil rights violations; punish anti-abortion protesters; enact "copious new regulations, especially environmental, to be used selectively to ensnare other conservative malcontents"; invasively use the IRS to harass conservative organizations; and tacitly encourage civil unrest in furtherance of Obamite goals. All those predictions of course came true. Obama and company also waged bureaucratic war against independent inspectors general; tried their hardest (even illegally) to hobble fossil fuels industries; evaded Congress's intent by sending cash and uranium to a near-nuclear-ready Iran; fumbled and stumbled while veterans suffered virtually criminal neglect; wasted hundreds of billions of taxpayer dollars on projects that were not "shovel-ready" and did not create many jobs; oversaw an economy in which the workforce participation rate dropped to historically low levels while real median household income also fell and personal debt rose, and in which food stamp rolls grew to a number larger than the population of Spain; horrendously politicized the Justice Department; and saw race relations worsen for the first time in decades. In what should have been treated by the media as major scandals (or more major than the media represented them), the Obama administration encouraged illegal gun-running to Mexican cartels, with untold numbers of resultant deaths; failed to provide adequate security before or rescue during the Benghazi tragedy; provide
Gary Edwards

Paul Ryan: My Plan to Save America - 0 views

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    "Newsmax asked vice presidential candidate Rep. Paul Ryan to provide his prescription for fixing the American economy and a defense of his proposed agenda, in light of the Obama's administration's refusal to address out-of-control entitlements. Here is his exclusive Newsmax Op-Ed. When President Barack Obama took office in 2009, he assumed a degree of command over the federal government that few U.S. presidents have enjoyed. His party had just enlarged its already-large majority in the House of Representatives, and gained a filibuster-proof majority in the Senate. The president enjoyed tremendous popularity following his historic victory. During his campaign, then-Sen. Obama argued that what had stopped us from meeting our nation's greatest challenges had been "the failure of leadership, the smallness of our politics - the ease with which we're distracted by the petty and trivial, our chronic avoidance of tough decisions, our preference for scoring cheap political points instead of rolling up our sleeves and building a working consensus to tackle big problems." To solve this problem, he pledged to help us "rediscover our bonds to each other and get out of this constant, petty bickering that's come to characterize our politics." Urgent: See Newsmax's Special Report on Paul Ryan - Includes Exclusive Interview The last three and a half years of divisive politics and broken promises have been disappointing. "
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    A few random thoughts on the budgetary gridlock in Congress: -- The elephant in the room that both parties are ignoring is bankster control of the money supply. Any budgetary reform is doomed unless the power of banksters to print as many dollars as they want is eliminated. In terms of purchasing power, the incredible dilution of the dollar's value that commenced when we abandoned the gold standard has put massive upward pressure on prices and budgets, both governmental and private. The Constitution explicitly forbids anything other than gold or silver to be used for payment of debts. -- Both parties and Obama have been guilty of drawing lines in the sand as preconditions to negotiation. E.g., no entitlement cuts, increased taxes on the wealthy, no defense cuts, no new taxes, etc. These are terms of surrender, not terms of negotiation, akin to an advertising campaign based on the fine print of the sales agreement rather than on why the customer should buy the product. As any successful negotiator knows, the keys to a successful negotiation are: [i] agreeing at the outset that there s no deal until all terms have been agreed to; and [ii] focusing on what you are willing to offer the other side as incentives to agree to a deal, not on areas of disagreement. A successful negotiation results in a deal where both sides feel that the deal puts them ahead of where they began. -- Arguing over pre-conditions is not negotiation; it is no more than a lame excuse for not negotiating. But that is what the White House and both parties have been doing. -- By functioning as an echo chamber for preconditions to negotiation, constituents, wittingly or not, aid in prevention of serious negotiation. Serious negotiation has no substantive preconditions; everything is on the table. And the focus is on what each side is willing to give the other if the entire deal is agreed to, not on what each side is unwilling to offer. -- The major players in the White House and Congress alre
Paul Merrell

AIPAC's Annus Horribilis? by Jim Lobe -- Antiwar.com - 0 views

  • The year of 2014 is starting well for the American Israel Public Affairs Committee (AIPAC), the premier organization of this country’s Israel lobby. Not only has it been clearly and increasingly decisively defeated – at least for now and the immediate future – in its bid to persuade a filibuster-proof, let alone a veto-proof, super-majority of senators to approve the Kirk-Menendez “Wag the Dog” Act that was designed to torpedo the Nov. 24 “Joint Plan of Action” (JPA) between Iran and the P5+1. It has also drawn a spate of remarkably unfavorable publicity, a particularly damaging development for an organization that, as one of its former top honchos, Steve Rosen, once put it, like “a night flower, … thrives in the dark and dies in the sun.”
  • The result: AIPAC and its supporters hit a brick wall at 59, unable even to muster the 60 needed to invoke cloture against a possible filibuster, let alone the 77 senators that AIPAC-friendly Congressional staff claimed at one point were either publicly or privately committed to vote for the bill if it reached the floor. By late this week, half a dozen of the 16 Democrats who had co-sponsored the bill were retreating from it as fast as their senatorial dignity would permit. And while none has yet disavowed their co-sponsorship, more than a handful now have (disingenuously, in my view) insisted that they either don’t believe that the bill should be voted on while negotiations are ongoing; that they had never intended to undercut the president’s negotiating authority; or, most originally, that they believed the mere introduction of the bill would provide additional leverage to Obama (Michael Bennet of Colorado) in the negotiations. Even the bill’s strongest proponents, such as Oklahoma’s Jim Inhofe, conceded, as he did to the National Journal after Obama repeated his veto threat in his State of the Union Address Tuesday: “The question is, is there support to override a veto on that? I say, ‘No.’” The Democratic retreat is particularly worrisome for AIPAC precisely because its claim to “bipartisanship” is looking increasingly dubious, a point underlined by Peter Beinart in a Haaretz op-ed this week that urged Obama to boycott this year’s AIPAC policy conference that will take place a mere five weeks from now. (This is the nightmare scenario for Rosen who noted in an interview with the JTA’s Ron Kampeas last week that the group’s failure to procure a high-level administration speaker for its annual conference “would be devastating to AIPAC’s image of bipartisanship.”) According to Beinart:
  • Consider first what happened with the Kirk-Menendez sanctions bill, named for the two biggest beneficiaries of “pro-Israel” PACs closely associated with AIPAC in the Congressional campaigns of 2010 and 2012, respectively. Introduced on the eve of the Christmas recess, the bill then had 26 co-sponsors, equally divided between Democrats and Republicans, giving it an attractive bipartisan cast – the kind of bipartisanship that AIPAC has long sought to maintain despite the group’s increasingly Likudist orientation and the growing disconnect within the Democratic Party between its strongly pro-Israel elected leadership and more skeptical base, especially its younger activists, both Jewish and gentile. By the second week of January, it had accumulated an additional 33 co-sponsors, bringing the total to 59 and theoretically well within striking distance of the magic 67 needed to override a presidential veto. At that point, however, its momentum stalled as a result of White House pressure (including warnings that a veto would indeed be cast); the alignment behind Obama of ten Senate Committee chairs, including Carl Levin of the Armed Services Committee and Dianne Feinstein of the Intelligence Committee; public denunciation of the bill by key members of the foreign policy elite; and a remarkably strong grassroots campaign by several reputable national religious, peace, and human-rights groups (including, not insignificantly, J Street and Americans for Peace Now), whose phone calls and emails to Senate offices opposing the bill outnumbered those in favor by a factor of ten or more.
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  • Of course, none of this means that the battle over Iran policy is won, but it does suggest that AIPAC’s membership has some serious thinking to do about the group’s relationship to Democrats and to the broader Jewish community. Nor does it necessarily mean that we have finally reached a “tipping point” regarding the lobby’s hold over Congress and U.S. Middle East policy. But this is unquestionably a significant moment. (Rosenberg has a good analysis about AIPAC’s defeat out on HuffPo today that is well worth reading.)
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    There's more detail not quoted, but AIPAC (and the War Party) are indeed having a horrible year, already.  Perhaps worst of all for AIPAC, even mainstream media is now willing to discuss AIPAC's blunder. See e.g.,  http://www.huffingtonpost.com/mj-rosenberg/obama-state-of-the-union-iran_b_4702457.html ("AIPAC's hopes to override Obama's veto ended with a whimper, AIPAC's whimper.") When even mainstream pundits are willing to discuss AIPAC's blunder in public, that's a spotlight on an organism that can't stand the light. 
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. 
Gary Edwards

The New Debt Deal: Why States Will Get Whacked & Musings on the Bush Tax Cuts - Budget ... - 0 views

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    excerpt: "Well friends it's August 3, and despite their best efforts Congress and the President did finally pass a deal to raise the debt-ceiling. It's call the Budget Control Act of 2011. Happy days, right? Not so fast, Fonzarelli. Nearly every lawmaker who voted for the bill has described it as the legislative equivalent of a '87 Buick Wagon: not pretty, but it'll get you to work. Here in the halls of the National Priorities Project we've been mulling over the details of the plan extensively, which you can read about here and here. After looking at this stuff for 2 straight days, my reaction to the Budget Control Act (debt deal) can summed up thusly: Picture of the statue of Liberty sticking out of the sand, from the last scene in the movie, "Planet of the Apes".  Caption "...we finally, really did it." In exchange for raising the debt-ceiling by an initial $900 billion, the bill calls for an immediate $917 billion in cuts through discretionary spending caps over the next 10 years.* Raising the debt-ceiling further - which will need to happen next year - is contingent upon further savings to be identified by a new bipartisan commission: the "Super Committee, or "Super Congress" it's being called. This group of 12 lawmakers (6 Democratic, 6 Republican Senators & Representatives) will have to identify another $1.2 - $1.5 trillion in deficit reduction measures by November 23, 2011. Congress will also be required to have an up-or-down vote on the recommendations by December 23, 2011. This means after the Super Committee makes its recommendations there will be no further discussion, debate, or filibustering. Just an aye-or-nay vote in each chamber of Congress.
Paul Merrell

Senators discuss revising 9/11 resolution - John Bresnahan - POLITICO.com - 0 views

  • Top senators in both parties have begun talks to revise the congressional resolution authorizing the use of military force following the Sept. 11, 2001, attacks on the World Trade Center and the Pentagon, according to lawmakers and aides involved in the discussions.Though in its early stages, such a debate could cause serious heartburn for the White House and party leaders seeking to push through any revised use-of-force resolution. A Senate floor fight over replacing the 9/11 resolution could lead to broader political battles on critical areas of President Barack Obama’s national security policy, including the war in Afghanistan, the use of armed drone attacks against suspected terrorists, treatment of detainees held in Guantanamo Bay, and the scope of the president’s authority as commander-in-chief to combat terrorism worldwide.
  • The bipartisan Senate talks also come at a time when Obama is catching flak for his aggressive drone policy, and Sen. Rand Paul’s (R-Ky.) 13-hour filibuster on the issue struck a chord with some members of both parties. Senate Armed Services Committee Chair Carl Levin (D-Mich.), and Sens. Dick Durbin (D-Ill.) and John McCain (R-Ariz.) met recently to discuss the issue, the senators and their aides said.
  • Other senators involved in the talks include Bob Corker (R-Tenn.) and Lindsey Graham (R-S.C.). Corker is the ranking member on the Senate Foreign Relations Committee. Levin has scheduled a May 16 hearing of the Senate Armed Services Committee on the matter.
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  • At stake is whether the 9/11 resolution is still relevant more than 12 years after it was adopted by Congress in the wake of the attacks by al Qaeda terrorists on the World Trade Center and Pentagon. Those attacks prompted an American-led invasion of Afghanistan, a military campaign that is still ongoing and could last for years longer, even after U.S. combat forces leave the troubled country in 2014. “We need to sit down among ourselves as senators and ask a very timely question. And that is whether the AUMF [authorization of use of military force] that we voted for in 2001 — every senator did who was serving at the time — whether that still serves America’s defense needs today,” Durbin told POLITICO in an interview.
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    The chicken hawks are at it again, trying to get a new Authorization for Use of Military Forces ("AUMF") that would authorize perpetual war. So much for fiscal conservatism.
Paul Merrell

Ron Paul fans furious over Rand Paul's drone flip-flop | FP Passport - 0 views

  • Ron Paul's vibrant fan base is in open rebellion today over Rand Paul's perceived reversal on domestic drone strikes. The Kentucky senator, whose famous 13-hour Senate floor filibuster did much to strengthen his ties with his father's hardcore following, told Fox Business Network on Tuesday he's OK with drone strikes on American citizens who, for instance, rob a liquor store. "I've never argued against any technology being used when you have an imminent threat, an active crime going on," Paul said. "If someone comes out of a liquor store with a weapon and fifty dollars in cash. I don't care if a drone kills him or a policeman kills him."
  • While it's true that Paul has always made an exception for "imminent threats" -- a 9/11-like moment -- the liquor store scenario struck many libertarians as a very low threshold for domestic drone strikes, especially considering Paul's Senate floor remarks, which if you recall, took a more anti-drone stance. Here's Paul on the Senate floor: I will speak as long as it takes, until the alarm is sounded from coast to coast that our Constitution is important, that your rights to trial by jury are precious, that no American should be killed by a drone on American soil without first being charged with a crime, without first being found to be guilty by a court. Now, a phalanx of Ron Paul and libertarian forums are revolting at the senator's perceived reversal.
  • Update: In response to the backlash, Sen. Paul released a statement about his views on domestic drone strikes. "Armed drones should not be used in normal crime situations," Paul said. When asked if he was retracting his hypothetical about an armed liquor store thief being killed by a drone, his spokeswoman Moira Bagley told Foreign Policy "not retracting." Here's the full statement:
Paul Merrell

Trump's Proposed Budget Includes Whopping $54 Billion Increase In Defense Spending - 0 views

  • The White House says President Donald Trump’s upcoming budget will propose a whopping $54 billion increase in defense spending and impose corresponding cuts to domestic programs and foreign aid. The result is that Trump’s initial budget wouldn’t dent budget deficits projected to run about $500 billion. White House budget officials outlined the information during a telephone call with reporters Monday given on condition of anonymity. The budget officials on the call ignored requests to put the briefing on the record, though Trump on Friday decried the use of anonymous sources by the media. Trump’s defense budget and spending levels for domestic agency operating budgets will be revealed in a partial submission to Congress next month, with proposals on taxes and other programs coming later.
  • The increase of about 10 percent for the Pentagon would fulfill a Trump campaign promise to build up the military. The senior budget official said there will be a large reduction in foreign aid and that most domestic agencies will have to absorb cuts. He did not offer details, but the administration is likely to go after longtime Republican targets like the Environmental Protection Agency. The tentative proposals for the 2018 budget year that begins Oct. 1 are being sent to agencies, which will have a chance to propose changes. In Congress, Democrats and some Republicans are certain to resist the cuts to domestic agencies, and any legislation to implement them would have to overcome a filibuster threat by Senate Democrats. A government shutdown is a real possibility. “It is clear from this budget blueprint that President Trump fully intends to break his promises to working families by taking a meat ax to programs that benefit the middle class,” said Senate Democratic leader Charles Schumer of New York. “A cut this steep almost certainly means cuts to agencies that protect consumers from Wall Street excess and protect clean air and water.” The White House says Trump’s budget also won’t make significant changes to Social Security or Medicare.
  • rump’s first major fiscal marker is landing in the agencies one day before his first address to a joint meeting of Congress. For Trump, the prime-time speech is an opportunity to refocus his young presidency on the core economic issues that were a centerpiece of his White House run. The upcoming submission covers the budget year starting on Oct. 1. But first there’s an April 28 deadline to finish up spending bills for the ongoing 2017 budget year, which is almost half over. Any stumble or protracted battle there could risk a government shutdown as well. The March budget plan is also expected to include an immediate infusion of 2017 cash for the Pentagon that’s expected to register about $20 billion or so, and to contain the first wave of funding for Trump’s promised border wall and other initiatives like hiring immigration agents. The president previewed the boost in military spending during a speech Friday to conservative activists, pledging “one of the greatest buildups in American history.” “We will be substantially upgrading all of our military, all of our military, offensive, defensive, everything, bigger and better and stronger than ever before,” he said.
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    If we're to have a policy of non-interference, why do we need increase defense spending?
Paul Merrell

USA Freedom Act Passes House, Codifying Bulk Collection For First Time, Critics Say - T... - 0 views

  • After only one hour of floor debate, and no allowed amendments, the House of Representatives today passed legislation that opponents believe may give brand new authorization to the U.S. government to conduct domestic dragnets. The USA Freedom Act was approved in a 338-88 vote, with approximately equal numbers of Democrats and Republicans voting against. The bill’s supporters say it will disallow bulk collection of domestic telephone metadata, in which the Foreign Intelligence Surveillance Court has regularly ordered phone companies to turn over such data. The Obama administration claims such collection is authorized by Section 215 of the USA Patriot Act, which is set to expire June 1. However, the U.S. Court of Appeals for the Second Circuit recently held that Section 215 does not provide such authorization. Today’s legislation would prevent the government from issuing such orders for bulk collection and instead rely on telephone companies to store all their metadata — some of which the government could then demand using a “specific selection term” related to foreign terrorism. Bill supporters maintain this would prevent indiscriminate collection.
  • However, the legislation may not end bulk surveillance and in fact could codify the ability of the government to conduct dragnet data collection. “We’re taking something that was not permitted under regular section 215 … and now we’re creating a whole apparatus to provide for it,” Rep. Justin Amash, R-Mich., said on Tuesday night during a House Rules Committee proceeding. “The language does limit the amount of bulk collection, it doesn’t end bulk collection,” Rep. Amash said, arguing that the problematic “specific selection term” allows for “very large data collection, potentially in the hundreds of thousands of people, maybe even millions.” In a statement posted to Facebook ahead of the vote, Rep. Amash said the legislation “falls woefully short of reining in the mass collection of Americans’ data, and it takes us a step in the wrong direction by specifically authorizing such collection in violation of the Fourth Amendment to the Constitution.”
  • “While I appreciate a number of the reforms in the bill and understand the need for secure counter-espionage and terrorism investigations, I believe our nation is better served by allowing Section 215 to expire completely and replacing it with a measure that finds a better balance between national security interests and protecting the civil liberties of Americans,” Congressman Ted Lieu, D-Calif., said in a statement explaining his vote against the bill.
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  • Not addressed in the bill, however, are a slew of other spying authorities in use by the NSA that either directly or inadvertently target the communications of American citizens. Lawmakers offered several amendments in the days leading up to the vote that would have tackled surveillance activities laid out in Section 702 of the Foreign Intelligence Surveillance Act and Executive Order 12333 — two authorities intended for foreign surveillance that have been used to collect Americans’ internet data, including online address books and buddy lists. The House Rules Committee, however, prohibited consideration of any amendment to the USA Freedom Act, claiming that any changes to the legislation would have weakened its chances of passage.
  • The measure now goes to the Senate where its future is uncertain. Majority Leader Mitch McConnell has declined to schedule the bill for consideration, and is instead pushing for a clean reauthorization of expiring Patriot Act provisions that includes no surveillance reforms. Senators Ron Wyden, D-Ore., and Rand Paul, R-Ky., have threated to filibuster any bill that extends the Patriot Act without also reforming the NSA.
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    Surprise, surprise. U.S. "progressive" groups are waging an all-out email lobbying effort to sunset the Patriot Act. https://www.sunsetthepatriotact.com/ Same with civil liberties groups. e.g., https://action.aclu.org/secure/Section215 And a coalition of libertarian organizations. http://docs.techfreedom.org/Coalition_Letter_McConnell_215Reauth_4.27.15.pdf
Paul Merrell

PATRIOT Act spying programs on death watch - Seung Min Kim and Kate Tummarello - POLITICO - 0 views

  • With only days left to act and Rand Paul threatening a filibuster, Senate Republicans remain deeply divided over the future of the PATRIOT Act and have no clear path to keep key government spying authorities from expiring at the end of the month. Crucial parts of the PATRIOT Act, including a provision authorizing the government’s controversial bulk collection of American phone records, first revealed by Edward Snowden, are due to lapse May 31. That means Congress has barely a week to figure out a fix before before lawmakers leave town for Memorial Day recess at the end of the next week. Story Continued Below The prospects of a deal look grim: Senate Majority Leader Mitch McConnell on Thursday night proposed just a two-month extension of expiring PATRIOT Act provisions to give the two sides more time to negotiate, but even that was immediately dismissed by critics of the program.
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    A must-read. The major danger is that the the Senate could pass the USA Freedom Act, which has already been passed by the House. Passage of that Act, despite its name, would be bad news for civil liberties.  Now is the time to let your Congress critters know that you want them to fight to the Patriot Act provisions expire on May 31, without any replacement legislation.  Keep in mind that Section 502 does not apply just to telephone metadata. It authorizes the FBI to gather without notice to their victims "any tangible thing", specifically including as examples "library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records containing information that would identify a person." The breadth of the section is illustrated by telephone metadata not even being mentioned in the section.  NSA going after your medical records souand far fetched? Former NSA technical director William Binney says they're already doing it: "Binney alludes to even more extreme intelligence practices that are not yet public knowledge, including the collection of Americans' medical data, the collection and use of client-attorney conversations, and law enforcement agencies' "direct access," without oversight, to NSA databases." https://consortiumnews.com/2015/03/05/seeing-the-stasi-through-nsa-eyes/ So please, contact your Congress critters right now and tell them to sunset the Patriot Act NOW. This will be decided in the next few days so the sooner you contact them the better. 
Paul Merrell

Prospects dim for 11th-hour PATRIOT Act deal - Burgess Everett and Seung Min Kim - POLI... - 0 views

  • The PATRIOT Act is going to need a miracle to survive the weekend unscathed. Backers of the post-9/11 anti-terror measure are scrambling this week to prevent the law’s key surveillance programs from lapsing at midnight Sunday. But with the Senate not slated to return to Washington until just hours before that deadline, opponents like Sens. Rand Paul (R-Ky.) and Ron Wyden (D-Ore.) showing no signs of budging, and the House so far unwilling to bail out the upper chamber, the prospects for an eleventh-hour breakthrough look slim.
  • “Our options are a lot more limited” given the time constraints, said Utah Sen. Mike Lee, the chief Republican backer of the bill in the Senate. “We can either let the provisions at issue expire, or we can pass the House-passed USA Freedom Act.” The problem is that doing anything ahead of the midnight deadline would take the cooperation of all 100 senators. That’s hardly a given since Paul is still insisting that McConnell allow votes on privacy-related amendments, and Wyden has vowed to block any clean extension of what he calls a “bad law.”
  • n an appearance in Kentucky on Tuesday, McConnell acknowledged the strong support for the USA Freedom Act “makes it pretty challenging to extend the law as it is.” In Washington, top Republican aides could not — or would not — explain how the Senate will escape the fix beyond the possibility that Senate leaders can somehow persuade Paul and Wyden to stop blocking a PATRIOT Act extension with the promise of a robust Senate debate to follow.
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  • The 57-42 vote in the Senate on the USA Freedom Act has its backers tasting victory. Sen. Mark Kirk (R-Ill.) switched his vote on the floor to “no” but indicated afterward that he had been “inclined” to let the House bill proceed. Sen. Mike Enzi (R-Wyo.) missed the late-night votes but signaled in a statement released by his office that he would support changes to bulk collection. Backers have also eyed Republican Sens. Bill Cassidy of Louisiana and John Boozman (R-Ark.) as potential votes in favor. Aides to the two lawmakers didn’t return requests seeking comment on Tuesday. “Some of those members voted ‘no’ on Friday night,” Lee said. “I suspect that now that we’re in this posture, some of those might flip.”
  • The reform bill stalled, yet there appears to be a path to 60 if McConnell allows another vote and stops advocating against it. Sen. Steve Daines (R-Mont.), for one, said he expects another attempt Sunday to break a filibuster on the USA Freedom Act.
  • The more immediate question is what happens on Sunday. If the Senate passes anything other than the USA Freedom Act as it stands, the House would need to agree to go along — which might be impossible given that the chamber isn’t scheduled to return until Monday. Some privacy advocates have a backup plan for Congress: Don’t do anything at all. “If Congress can’t coalesce around far-reaching changes,” said Neema Singh Guliani, the legislative counsel for the American Civil Liberties Union, “they should allow the expiring provisions of the PATRIOT Act to sunset.”
Paul Merrell

Bipartisan bill to review Iran deal is now looking a lot less bipartisan - The Washingt... - 0 views

  • If Hill Republicans thought Israeli Prime Minister Benjamin Netanyahu's Tuesday address would build broad support for having Congress review any nuclear deal with Iran, they thought wrong. By the end of the day Tuesday, key Democratic senators had pulled their support for just such a bill after Majority Leader Mitch McConnell (R-Ky.) announced he was fast-tracking the legislation, bringing it to the Senate floor for debate as soon as next week, short-circuiting committee deliberations that Democrats say are necessary to perfect it. Bob Corker (R-Tenn.), Robert Menendez (D-N.J.), Lindsey Graham (R-S.C.) and Tim Kaine (D-Va.) introduced the Iran Nuclear Agreement Review Act late last week, which would provide for 60 days of congressional review for any deal that comes out of the pending "P5+1" negotiations in Geneva, where the United States, Germany, Russia, China, Britain and France are now at the table with the Iranian regime. Once submitted to Congress, lawmakers could approve, disapprove, or take no action on the deal. The talks are currently scheduled to end on March 24.
  • The legislation had not only two Democratic sponsors but four co-sponsors in the Democratic conference, giving the measure a filibuster-proof level of support. But that was before McConnell moved to place the bill on next week's legislative calendar -- guaranteeing a Senate vote while negotiators are still at the table. "We think the timing is important," McConnell said Tuesday. "We think it will help prevent the administration from entering into a bad deal, but if they do, then it will provide an opportunity for Congress to weigh in." On Tuesday evening, Menendez, ranking member of the Foreign Relations Committee and a fierce critic of the Iranian regime, went to the Senate floor to withdraw his support for the bill, suggesting that McConnell's move represented an effort to influence or derail the negotiations now underway rather than a bona fide desire to review whatever deal is reached.
  • "I can't imagine why the majority leader would seek to short circuit the process unless the goals are political rather than substantive, and I regret to say these actions make clear an intention that isn't substantive, that is political," Menendez said. "The majority leader is single-handedly undermining our bipartisan efforts."
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