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Gary Edwards

FRC Blog » More on the Obama Regulation Tsunami (and Gibson Guitars) - 0 views

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    Good collection of links!  excerpt:  According to an editorial in today's Wall Street Journal (behind its pay firewall), Speaker Boehner asked the administration for a list of rules it had in the works with potential costs exceeding one billion dollars per year.  The administration responded providing a list of seven rulemakings - four from EPA and three from the Department of Transportation. Speaker Boehner's overarching point was that the "economy cannot withstand the barrage of major new federal regulations planned by the administration."  Of course, the Obamacare and financial industry regulations are also on the drawing board somewhere. Mark Levin had an excellent commentary on our state affairs at the beginning of his 8/30 broadcast.  He believes that we no longer have a "representative republic."  This condition exists in large measure, Levin argues, due to unchecked regulation.  He also thinks that we now have an "Imperial Presidency." That said, Levin later gave a boldface example. Listen to the absolutely chilling interview Levin conducts with the CEO of Gibson Guitar who was raided on 8/24/11 by federal agents. (Start at minute 92:00.)  Here is John Hayward's Human Events background article.  The federal government claims that Gibson is illegally importing wood to make its guitars from India and Madagascar.  Gibson claims that officials from those countries have certified the legality of these exports from their nations.  Additionally, Gibson's competitors apparently use the same woods from the same sources and have not been raided.  Only time will tell how this will turn out, but this iconic company may not be able to survive the legal costs of fighting a criminal investigation while its productive activities are interrupted.
Gary Edwards

Conservatism and Talk Radio Iowa Winners - 0 views

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    Meanwhile, back in the real world, the CNN entry/exit polling of Iowa caucus attendees demonstrates conclusively that Ron Paul ran away with the under 40 years of age vote! Does that mean that the conservative talk-show-troika, that tried to put the Libertarian darling into the dirt with their constant barrage of negative slams and pounding slurs, are baby boomer has beens? According to CNN, (one of troikite Mark Levin's favorite news orgs), Ron Paul won 48% of voters 17-29 yrs of age, and 26% of voters 30-44 yrs of age. In fact, RP swept all age brackets under 40 yrs. I been a daily Rush listener since 1989. Cant's take much of Sean Hannity, but have listened to every Mark Levin broadcast thanks to his pod cast. Had to shut off his show though when his recent guest host Mark Simone launched into the most disgusting and offensive assault on Ron Paul and Libertarians everywhere. Awful stuff. The truth is that, when threatened, Social conservatives can be just as rabid, offensive and demanding to wield the Constitution as cudgel to force individuals to live by their chosen values as the Socialist cabal they abhor. The distance between protecting your values from the clear and present danger of socialist attempts to outlaw conservative values, and using the Rule of Law yourself to similarly force your values on others seems to be a very short. So i choose the only "value" protected by the Constitution and Declaration of Independence: individual liberty, in the context of a system Mark Levin calls "ordered liberty", that promotes individual freedom and the God given right to life, liberty and the pursuit of happiness.
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

Blog: Radio Host Mark Levin suggests the States call an Article Five Amendment Convention - 0 views

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    The Wednesday July 10th, 2013 "Mark Levin" radio show was his best ever.  During the show he announced the August release of his new book, "The Liberty Amendments, Restoring the American Republic,"   Then he went on to explain what an Article V Amendment Convention is, and how the founding fathers intended it to be used, in the case of government tyranny, to save the American Republic.  That time is NOW! excellent show:
Gary Edwards

19 Reasons Why The Federal Reserve Is At The Heart Of Our Economic Problems - 0 views

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    Nice summary with a chilling conclusion. I can't believe i've been so wrong about the financial collapse and the End of the American Dream. In 2008 i set out to discover why the September financial collapse occurred. This was the beginning of my Diigo "Socialism and the End of the American Dream" list. Since then however, i've come to see that it isn't ideology that's behind the financial collapse and the assault on the American Constitution, Rule of Law, and the principles of individual liberty and freedom described in our Declaration of Independence. No, IT'S ALL ABOUT THE MONEY! Mark Levin argues eloquently and with great passion and insight that "Statism" is the problem. He argues that socialism, progressivism, communism and fascism are just forms of centralized government, authority, and control. For Mark, it's all about power. And that's Tyranny of the highest order. Today though, i see things differently. It's all about the money. And with that money comes the power to dictate, control and seize property at will. The Banksters are behind it all, and debt is their doomsday nuclear weapon of choice. Baron Von Rothschild once famously said that WAR is the most expensive endeavor governments can engage in. War means borrowing from banksters. It means debt. The problem for the Banksters has long been the lesson of Charlemagne and Napoleon: There is no way for the Banksters to collect their debt (and interest) from the victor. The only way to force Napoleon to pay was to create an opposing army (thanks to the ruling elites of England and the Duke of Wellington - who were not threatened by Napoleon. And since then, the Bansters have been beholden to the Brittish ruling elites). Balance of Power and the magic of Francois Metternich's Treaty of Vienna worked for almost 100 years after the defeat of Napoleon. The ruling nobility of Europe came apart with WWI, but the Banksters played both ends against the middle, and came out on top.
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    i hate it when Diigo clips my comments!#!$$ . No warning. The above was clipped short so here's the bottom line: It's not the ideology. It's the money and the power.
Gary Edwards

Tea Party Primary prior to RINO Primary - Tea Party Command Center - 0 views

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    Reply by Gary Edwards to the question:   "Should the TEA Party select their slate of candidates prior to the establishment RiNO primaries?" This question really surprised me.  Of course the Tea Party should enter the establishment RiNO primary with a full slate of previously selected candidates for all levels of elected office. The reasons are obvious.  The establishment RiNOS consistently win by flooding the primary, encouraging multiple conservative and libertarian candidates; all the while knowing exactly who they have hand picked and expect the party to coalesce around. It's divide and conqueror.  The incredible thing is how routinely and with ease the RiNOS can rope-a-dope Rush Limbaugh and the entire cadre of conservative leadership.  And do it year after year. The rope-a-dope maneuver only requires that conservatives and libertarians wait for the establishment primary process to begin before they can begin the drawn out process needed to coalesce and vote as a block. As a block, the Tea Party wins easily.  And, they would actually get candidates ready to stand and fight for the Constitution. Once the game of electoral money ball starts though, it's impossible to select and coalesce based on principles.  Money drives the game.  And that plays right into the hands of the establishment. Think of it this way.  The Tea Party has the "votes" and the "ground game".  The establishment has the "money", and position to make the "rules". The current system of selecting candidates in the establishment primary ALWAYS results in "money" and "rule making" dominating and determining the winners.  The Tea Parties numerical and ground game advantages are quickly diluted, dispersed and split by multiple candidates vying for the same vote.  The RiNO slate wins through the fractional split of their Tea Party opponents, which they encourage and expect, and, the hardball application of their money and rules advantages.  The result is that less than a third of
Gary Edwards

The planned re-election of Obama, revolutionary style - 0 views

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    Obama administration, including his czars and his closest Progressive supporters, are planning a manufactured insurgency against America. Using the media to garner both sympathy and support for his unfinished goals
    The ambition to re-elect Obama is nothing short of the plan to overthrow the US Constitutional Republic and replace it with a new world order. The article explains the carefully planned re-election of Obama, concluding that it's counting on chaos, rebellion, anger, fear and rioting. Author Doug Hagmann calls this "re-election via revolutionary style". He identifies three areas of aggressively planned chaos: economic, racial, and class warfare. Doug has a source inside the Department of HomeLand Security (DHS), which seems to be the main instrument of overthrow. The model is that of 1968 anti-war, anti-establishment, pro marxist movement. Hagmann and his inside source predict the destruction of the dollar, the seeming breakup and fall of the European Union, riots in the streets of America, and a failed attempt on Obama's life that will result in a horrific crackdown and roundup of Tea Party members. This is truly frightening stuff. Yet, Reagan era Conservative leaders like Mark Levin, Sean Hannity, and Rush Limbaugh - the guys with the megaphone - have no idea what the Federal Reserve Bankster Cartel and their Globalist cronies have pulled off here. Obama is just a stooge carrying out the final stages of a plan that has been in place at least since 1875, when Freemason Albert Pike slipped up with the aging blueprint known to insiders as the "Luciferian Document", inadvertently leaking into the public through a series of letters to a trusted American henchman. Obama himself cut his marxist - new world order teeth, teaching the Alinsky "Rules for Radicals" plan of street revolution and overthrow. Alinsky dedicated his marxist handbook to that first revolutionary, Lucifer. Amazing. And here we are, wondering what mechanisms
Gary Edwards

About Americans for Prosperity | Americans for Prosperity - 0 views

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    AFP is an excellent branch of the American Tea Party Movement.  The Grassroots tools are very good, and the group leadership effective, trustworthy and patriotic.  "The Great One", Mark Levin is a founder of AFP and remains very involved with the day to day operation.  Although i'm a contributing member, one of the things i most appreciate about AFP is that when they launch a contact/letter surge, unlike many other "grassroots" operations, there is no charge for the contact.  AFP is an easy and affordable way to contact those who took an oath to represent us and defend our Constitution.  Good group! excerpt: Americans for Prosperity™ (AFP) and Americans for Prosperity Foundation (AFP Foundation) are committed to educating citizens about economic policy and mobilizing those citizens as advocates in the public policy process. AFP is an organization of grassroots leaders who engage citizens in the name of limited government and free markets on the local, state, and federal levels. The grassroots activists of AFP advocate for public policies that champion the principles of entrepreneurship and fiscal and regulatory restraint. AFP Foundation is committed to educating citizens about economic policy and a return of the federal government to its Constitutional limits. AFP Foundation's educational programs and analyses help policymakers, the media, and individual citizens understand why policies that promote the American enterprise system are the best way to ensure prosperity for all Americans. To that end, AFP and AFP Foundation support: Cutting taxes and government spending in order to halt the encroachment of government in the economic lives of citizens by fighting proposed tax increases and pointing out evidence of waste, fraud, and abuse. Tax and Expenditure Limitations to promote fiscal responsibility. Removing unnecessary barriers to entrepreneurship and opportunity by sparking citizen involvement in the regulatory process early on in order to reduce red tap
Paul Merrell

WASHINGTON: CIA admits it broke into Senate computers; senators call for spy chief's ou... - 0 views

  • An internal CIA investigation confirmed allegations that agency personnel improperly intruded into a protected database used by Senate Intelligence Committee staff to compile a scathing report on the agency’s detention and interrogation program, prompting bipartisan outrage and at least two calls for spy chief John Brennan to resign.“This is very, very serious, and I will tell you, as a member of the committee, someone who has great respect for the CIA, I am extremely disappointed in the actions of the agents of the CIA who carried out this breach of the committee’s computers,” said Sen. Saxby Chambliss, R-Ga., the committee’s vice chairman.
  • The rare display of bipartisan fury followed a three-hour private briefing by Inspector General David Buckley. His investigation revealed that five CIA employees, two lawyers and three information technology specialists improperly accessed or “caused access” to a database that only committee staff were permitted to use.Buckley’s inquiry also determined that a CIA crimes report to the Justice Department alleging that the panel staff removed classified documents from a top-secret facility without authorization was based on “inaccurate information,” according to a summary of the findings prepared for the Senate and House intelligence committees and released by the CIA.In other conclusions, Buckley found that CIA security officers conducted keyword searches of the emails of staffers of the committee’s Democratic majority _ and reviewed some of them _ and that the three CIA information technology specialists showed “a lack of candor” in interviews with Buckley’s office.
  • The inspector general’s summary did not say who may have ordered the intrusion or when senior CIA officials learned of it.Following the briefing, some senators struggled to maintain their composure over what they saw as a violation of the constitutional separation of powers between an executive branch agency and its congressional overseers.“We’re the only people watching these organizations, and if we can’t rely on the information that we’re given as being accurate, then it makes a mockery of the entire oversight function,” said Sen. Angus King, an independent from Maine who caucuses with the Democrats.The findings confirmed charges by the committee chairwoman, Sen. Dianne Feinstein, D-Calif., that the CIA intruded into the database that by agreement was to be used by her staffers compiling the report on the harsh interrogation methods used by the agency on suspected terrorists held in secret overseas prisons under the George W. Bush administration.The findings also contradicted Brennan’s denials of Feinstein’s allegations, prompting two panel members, Sens. Mark Udall, D-Colo., and Martin Heinrich, D-N.M., to demand that the spy chief resign.
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  • Another committee member, Sen. Ron Wyden, D-Ore., and some civil rights groups called for a fuller investigation. The demands clashed with a desire by President Barack Obama, other lawmakers and the CIA to move beyond the controversy over the “enhanced interrogation program” after Feinstein releases her committee’s report, which could come as soon as next weekMany members demanded that Brennan explain his earlier denial that the CIA had accessed the Senate committee database.“Director Brennan should make a very public explanation and correction of what he said,” said Sen. Carl Levin, D-Mich. He all but accused the Justice Department of a coverup by deciding not to pursue a criminal investigation into the CIA’s intrusion.
  • “I thought there might have been information that was produced after the department reached their conclusion,” he said. “What I understand, they have all of the information which the IG has.”He hinted that the scandal goes further than the individuals cited in Buckley’s report.“I think it’s very clear that CIA people knew exactly what they were doing and either knew or should’ve known,” said Levin, adding that he thought that Buckley’s findings should be referred to the Justice Department.A person with knowledge of the issue insisted that the CIA personnel who improperly accessed the database “acted in good faith,” believing that they were empowered to do so because they believed there had been a security violation.“There was no malicious intent. They acted in good faith believing they had the legal standing to do so,” said the knowledgeable person, who asked not to be further identified because they weren’t authorized to discuss the issue publicly. “But it did not conform with the legal agreement reached with the Senate committee.”
  • Feinstein called Brennan’s apology and his decision to submit Buckley’s findings to the accountability board “positive first steps.”“This IG report corrects the record and it is my understanding that a declassified report will be made available to the public shortly,” she said in a statement.“The investigation confirmed what I said on the Senate floor in March _ CIA personnel inappropriately searched Senate Intelligence Committee computers in violation of an agreement we had reached, and I believe in violation of the constitutional separation of powers,” she said.It was not clear why Feinstein didn’t repeat her charges from March that the agency also may have broken the law and had sought to “thwart” her investigation into the CIA’s use of waterboarding, which simulates drowning, sleep deprivation and other harsh interrogation methods _ tactics denounced by many experts as torture.
  • Buckley’s findings clashed with denials by Brennan that he issued only hours after Feinstein’s blistering Senate speech.“As far as the allegations of, you know, CIA hacking into, you know, Senate computers, nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s _ that’s just beyond the _ you know, the scope of reason in terms of what we would do,” he said in an appearance at the Council on Foreign Relations.White House Press Secretary Josh Earnest issued a strong defense of Brennan, crediting him with playing an “instrumental role” in the administration’s fight against terrorism, in launching Buckley’s investigation and in looking for ways to prevent such occurrences in the future.Earnest was asked at a news briefing whether there was a credibility issue for Brennan, given his forceful denial in March.“Not at all,” he replied, adding that Brennan had suggested the inspector general’s investigation in the first place. And, he added, Brennan had taken the further step of appointing the accountability board to review the situation and the conduct of those accused of acting improperly to “ensure that they are properly held accountable for that conduct.”
  • The allegations and the separate CIA charge that the committee staff removed classified documents from the secret CIA facility in Northern Virginia without authorization were referred to the Justice Department for investigation.The department earlier this month announced that it had found insufficient evidence on which to proceed with criminal probes into either matter “at this time.” Thursday, Justice Department officials declined comment.
  • In her speech, Feinstein asserted that her staff found the material _ known as the Panetta review, after former CIA Director Leon Panetta, who ordered it _ in the protected database and that the CIA discovered the staff had it by monitoring its computers in violation of the user agreement.The inspector general’s summary, which was prepared for the Senate and the House intelligence committees, didn’t identify the CIA personnel who had accessed the Senate’s protected database.Furthermore, it said, the CIA crimes report to the Justice Department alleging that panel staffers had removed classified materials without permission was grounded on inaccurate information. The report is believed to have been sent by the CIA’s then acting general counsel, Robert Eatinger, who was a legal adviser to the interrogation program.“The factual basis for the referral was not supported, as the author of the referral had been provided inaccurate information on which the letter was based,” said the summary, noting that the Justice Department decided not to pursue the issue.
  • Christopher Anders, senior legislative counsel with the American Civil Liberties Union, criticized the CIA announcement, saying that “an apology isn’t enough.”“The Justice Department must refer the (CIA) inspector general’s report to a federal prosecutor for a full investigation into any crimes by CIA personnel or contractors,” said Anders.
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    And no one but the lowest ranking staffer knew anything about it, not even the CIA lawyer who made the criminal referral to the Justice Dept., alleging that the Senate Intelligence Committee had accessed classified documents it wasn't authorized to access. So the Justice Dept. announces that there's insufficient evidence to warrant a criminal investigation. As though the CIA lawyer's allegations were not based on the unlawful surveillance of the Senate Intelligence Committee's network.  Can't we just get an official announcement that Attorney General Holder has decided that there shall be a cover-up? 
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
Paul Merrell

It's WWIII between CIA and Senate | TheHill - 0 views

  • Senators on Wednesday expressed alarm at explosive allegations that the CIA might have spied on their computers to keep tabs on their controversial review of Bush-era “enhanced interrogation” techniques.ADVERTISEMENTLawmakers from both parties said that if the allegations against the CIA prove true, intelligence officials might have violated the law — and certainly violated the separation of powers enshrined in the Constitution.“I’m assuming that’s it’s not true, but if it is true, it should be World War III in terms of Congress standing up for itself against the CIA, ” Sen. Lindsey Graham (R-S.C.) told The Hill.Intelligence Committee Chairwoman Dianne Feinstein (D-Calif.) confirmed Wednesday that the CIA inspector general was investigating accusations that the covert agency had peered into the panel’s computers. But she didn’t comment on reports that the investigator has referred the matter to the Justice Department.Senate Armed Services Committee Chairman Carl Levin (D-Mich.), an ex officio member of the Intelligence panel, said the charge of spying is “extremely serious.”“There are laws against intruding and tampering, hacking into, accessing computers without permission. And that law applies to everybody,” he said.Brennan in a statement said he was "dismayed" by the “spurious allegations,” which he said were "wholly unsupported by the facts."
  • His statement was released Wednesday evening as McClatchy reported that the computer spying was allegedly discovered when the CIA confronted the Senate Intelligence panel about documents removed from the agency’s headquarters."I am very confident that the appropriate authorities reviewing this matter will determine where wrongdoing, if any, occurred in either the Executive Branch or Legislative Branch," Brennan said.“Until then, I would encourage others to refrain from outbursts that do a disservice to the important relationship that needs to be maintained between intelligence officials and congressional overseers."The allegations escalated a long-simmering feud between Democrats on the Intelligence panel and the CIA over the committee’s classified interrogation report, which provides an exhaustive look at the treatment of detainees in the years after Sept. 11.Sen. Mark Udall (Colo.) and two other Democrats on the Intelligence panel have criticized the CIA and its director, John Brennan, for blocking their efforts to declassify the 6,300-page investigation.“The CIA tried to intimidate the Intelligence Committee, plain and simple,” Udall said. “I’m going to keep fighting like hell to make sure the CIA never dodges congressional oversight again.”
  • Senators have said their review, which was completed in December 2012, is harshly critical of interrogation techniques such as waterboarding, concluding that they were ineffective and did not contribute to the capture of Osama bin Laden.Udall and other Democrats say the report needs to be released because it will "set the record straight" about the use of techniques that critics say amount to torture.While Democrats on the panel backed the report’s findings, most of the Intelligence Committee Republicans dissented.The CIA has objected to some of the report’s conclusions as well, though Udall says its internal review contradicts the agency’s public statements.Sen. Martin Heinrich (D-N.M.), who has joined Udall in pressing for the release of the report, said the allegations about CIA spying show the lengths that the agency will go to protect itself.“I think it’s been pretty clear that the CIA will do just about anything to make sure that this detention and interrogation report doesn’t come out,” Heinrich told The Hill.
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  • Other Republicans on the Intelligence panel said the spying charges should be investigated, but they expressed concerns about the leak of the inspector general investigation.“I have no comment. You should talk to those folks that are giving away classified information and get their opinion,” Intelligence Committee Vice Chairman Saxby Chambliss (R-Ga.) said when asked about the alleged intrusions.Sen. Ron Wyden (D-Ore.) appeared to allude to the CIA snooping at an Intelligence Committee hearing last month when he asked Brennan whether the Computer Crimes and Abuse Act applied to the agency.Wyden said Wednesday that Brennan responded in a letter the law did apply.“The Act, however, expressly ‘does not prohibit any lawfully authorized investigative, protective, or intelligence activity … of an intelligence agency of the United States,’ ” Brennan wrote in the letter that Wyden released.McClatchy news service reported that the Intelligence Committee determined earlier this year the CIA had monitored computers it provided to the panel to review top-secret reports, cables and other documents.It’s still unclear whether the alleged monitoring would have violated the law.
  • Udall sent a letter to President Obama on Tuesday calling for declassification of the committee’s report, where he alleged the CIA’s “unprecedented action against the committee” was tied to agency's internal review of the interrogation policies.Udall first raised issues with the internal review of the interrogation techniques at the confirmation hearing of Caroline Krass's nomination as CIA general counsel, which took place in December.He said that the review, conducted under former CIA Director Leon Panetta, corroborated the findings of the Senate Intelligence report and contradicted the public statements from the agency.Udall has placed a procedural hold on Krass’s nomination and told reporters Wednesday that it would remain in place until the CIA meets his requests for more information about the internal review.White House press secretary Jay Carney declined to comment on the spying allegations Wednesday, referring questions to the CIA and Department of Justice.Carney said that "as a general matter," the White House was in touch with the Intelligence Committee."For some time, the White House has made clear to the chairmen of the Senate Select committee on intelligence that the summary and conclusions of the final RDI report should be declassified with any redactions necessary to protect national security," he said.
  • Heinrich said he hoped the CIA intrusions, if confirmed, would push the White House to get involved in the dispute between the agency and the committee over the report.“It would be easy for me to get very upset about these allegations, but I think we need to keep our eye on that ball, because that is a really important historical issue, and people need to understand who made what decisions and why,” he said.
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    Jack Kennedy had the right idea: abolish the CIA.
Paul Merrell

Senators clash with Justice Department lawyer over CIA intelligence memos | World news ... - 0 views

  • An argument about a secret congressional committee's ability to review the US intelligence agencies exploded into rare public view on Tuesday as angry senators demanded legal memos from a nominee to run the CIA's legal office. Caroline Krass, a top justice department lawyer, sparked the ire of several Senate intelligence committee members by claiming that crucial legal opinions about intelligence matters were beyond the scope of the committee. Asked directly and repeatedly if the Senate panel was entitled to the memos, which several senators claimed were crucial for performing their oversight functions, Krass replied: "I do not think so, as a general matter." Dianne Feinstein, the California Democrat who chairs the committee, suggested that Krass placed her nomination as CIA general counsel in jeopardy. "You are going to encounter some heat in that regard," Feinstein said.
  • The Senate intelligence committee, whose public hearings are increasingly rare, is usually a bastion of support for the CIA and its sister intelligence agencies. The exception is the committee's prolonged fight with the CIA over a 6,300-page report on the agency's torture of terrorism detainees in its custody since 9/11. The committee has prepared its report for years; the former chairman, Jay Rockefeller of West Virginia, said the classified version contains 50,000 footnotes. For a year, the panel has sought to release a public version that multiple members of the panel say documents both the brutality of CIA torture and what they have called "lies" told by the CIA to the oversight committees in Congress and the rest of the executive branch concerning its torture practices. CIA director John Brennan, who was a senior CIA official during the years scrutinised by the committee, is resisting release of the report. The CIA has told reporters that the report contains numerous factual errors, which Senator Mark Udall, a Colorado Democrat on the panel, said on Tuesday was a "misleading" and self-serving description of differences of "interpretation" between the agency and the committee. "I'm more confident than ever in the factual accuracy" of the torture report, Udall said.
  • The panel said at the hearing that the CIA is stalling on the provision of documents to the committee that will help it complete its work. Krass, a former White House official who worked alongside Brennan there, did not assure the committee she would help provide them. Krass said the general counsel of the CIA had a "duty and obligation to make sure the committee understands the legal basis" for CIA activities. She worried that disclosure of the legal memos themselves would inhibit the executive branch from candidly discussing policy proposals for fear of embarrassing public disclosure. Several senators found Krass's statement insufficient. Carl Levin, a Michigan Democrat who has investigated torture while serving on the Armed Services Committee as well, asked if the committee was "entitled" to the opinions as a matter of oversight. Krass said her "caveated answer" was, "I do not think so, as a general matter." It is unclear if the committee will reject Krass's nomination. But the two-hour exchange highlighted the difficulties the intelligence committees can face in getting basic factual information from the intelligence agencies they are tasked with overseeing.
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  • Those difficulties carry over to the ongoing controversy about the NSA's bulk surveillance activities, Udall and his colleague Ron Wyden of Oregon have charged. But they are the only dissenters on a committee that has been stalwart in favour of the NSA, even as the committee is feuding with the CIA. Feinstein got Krass to say she disagreed with a federal judge's opinion on Monday that the NSA's bulk surveillance of US phone data was likely unconstitutional. Krass, who would have a limited ability to oversee that program at CIA but likely has insight into it through her Justice Department role, disputed Judge Richard Leon's assessment that such constitutional protections surround that data. "I have a different view about the Fourth Amendment," Krass said. Feinstein said she agreed with Krass, but said no one on the committee wished to contravene the constitution, urging the Supreme Court to settle the issue.
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    John Kennedy had the right idea: abolish the CIA. 
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?
Gary Edwards

There is nothing new about Obama's Socialism: Mark Levine in The Corner on National Rev... - 0 views

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    The "change" he peddles is not new. We've seen it before. It is change that diminishes individual liberty for the soft authoritarianism of socialism. It is a populist appeal that disguises government mandated wealth redistribution as tax cuts for the middle class, falsely blames capitalism for the social policies and government corruption (Fannie Mae and Freddie Mac) that led to the current turmoil in our financial markets, fuels contempt for commerce and trade by stigmatizing those who run successful small and large businesses, and exploits human imperfection as a justification for a massive expansion of centralized government. Obama's appeal to the middle class is an appeal to the "the proletariat," as an infamous philosopher once described it, about which a mythology has been created. Rather than pursue the American Dream, he insists that the American Dream has arbitrary limits, limits Obama would set for the rest of us - today it's $250,000 for businesses and even less for individuals. If the individual dares to succeed beyond the limits set by Obama, he is punished for he's now officially "rich."
Gary Edwards

The Mount Vernon Statement - 0 views

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    On Wednesday, February 17, more than 80 conservative thinkers and organization heads came together to ratify a joint manifesto. Dubbed The Mount Vernon Statement, its goal is to unite the right -- economic, social, and national security conservatives -- under a set of shared principles. The Mount Vernon Statement is not geared to any election or candidate or specific piece of legislation; it is a statement of timeless principles as old as the Republic, and will be as relevant years from now as it is today.
Paul Merrell

Distrust of US surveillance threatens data deal | TheHill - 0 views

  • European privacy regulators are putting U.S. surveillance practices under the microscope, this time with a crucial transatlantic data deal hanging in the balance.Legal and privacy advocates say European nations are poised to strike down the deal if they decide the U.S. hasn't done enough to reform its spying programs.The new test comes after the European Commission and the Commerce Department — after months of tense negotiations — reached a deal this week permitting Facebook, Google and thousands of other companies to continue legally handling Europeans’ personal data.ADVERTISEMENTCritics though have long warned that unless the U.S. overhauls its privacy and national security laws, there is no legal framework that can stand up in European court, where privacy is considered a fundamental right under the EU Charter.A working group of 28 EU nations’ data protection authorities — domestic entities separate from the Commission that will be in charge of enforcing the new agreement — may now cast the deciding vote.The group is spending the next few months picking through the so-called Privacy Shield agreement to determine if it adequately protects the personal data of European citizens.
  • “The Commission has said, ‘We’re satisfied. We believe them. We believe the U.S. has substantially changed its practices,’ and they are no longer going off the [Edward] Snowden revelations in the media,” said Susan Foster, a privacy attorney at Mintz Levin who works in both the EU and the U.S.“Whether the working group will go along with it is another question.”The privacy advocate whose complaint against Facebook brought down the Privacy Shield’s 15-year-old predecessor agreement is already questioning the new deal’s validity.“With all due respect ... a couple of letters by the outgoing Obama administration is by no means a legal basis to guarantee the fundamental rights of 500 million European users in the long run, when there is explicit U.S. law allowing mass surveillance,” Max Schrems of Austria said in a statement Tuesday.The United States has been fighting against the perception that it tramples on civil liberties after ex-National Security Agency contractor Edward Snowden revealed the breadth of the agency’s snooping.One sticking point in the Privacy Shield negotiations was over the scope of an exception allowing surveillance for national security purposes.
  • In announcing the deal, Commission officials insisted that the U.S. had provided “detailed written assurances” that surveillance of Europeans’ data by intelligence agencies would be subject to appropriate limitations.“The U.S. has clarified that they do not carry out indiscriminate surveillance of Europeans,” Andrus Ansip, Vice President for the Digital Single Market on the European Commission, said Tuesday.The U.S. has also agreed to create an office in the State Department, to address complaints from EU citizens who feel their data has been inappropriately accessed by intelligence authorities.Complicating the working group’s approval of the deal is the hodgepodge of competing regulators in Europe. Each nation has an agency in charge of its own country’s regulation. Some countries — such as Germany — are seen as tougher on privacy than others, like France or the U.K.While some countries consider U.S. privacy protections to be satisfactory, in others they are seen as woefully inadequate.
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  • Defenders of U.S. intelligence practices often point to France and the U.K., arguing they are equally intrusive with their citizens' data.A recent public report “pretty clearly documented that the protections are patchy, vary hugely and are nonexistent in some of the countries,” Foster noted.Privacy advocates dismiss those arguments.“You cannot pick the worst member state, like the U.K., and claim you are ‘equivalent’ to that,” Schrems said Tuesday. “First, this is not a price [sic] you want to win, secondly you have to meet the standards of the European Court of Justice, EU law and the EU Charter of Fundamental Rights — not the standard of the worst member state.”The U.S. has made significant reforms to federal spying powers under the Obama administration.The Privacy and Civil Liberties Oversight Board — a small bipartisan watchdog — on Friday said the government has begun addressing each of the nearly two-dozen recommendations it made following Snowden's revelations.“[I]mportant measures have been taken to enhance the protection of Americans’ privacy and civil liberties and to strengthen the transparency of the government’s surveillance efforts, without jeopardizing our counterterrorism efforts,” the five-member board said.
  • But whether European countries believe those changes are sufficient to sign off on the Privacy Shield is uncertain. Each of the EU’s 28 member states must approve the deal before it can be finalized.“A lot of this is going to come down to whether the data protection authorities are persuaded by the U.S.’s portrayal of the cumulative protections given to European citizens and the cumulative carving back on the NSA surveillance programs,” Foster said.If the European working group is not satisfied with the assurances from the Commerce Department, the consequences could be dire. Businesses fear a chilling of transatlantic trade, valued at $1 trillion in 2014.The most likely outcome, experts say, would be a patchwork of country-to-country regulations that would make it extremely expensive for companies to comply.Legislative changes in the U.S. seem unlikely. Congress is close to passing a privacy law considered crucial to getting seeing the Privacy Shield approved. But the bill — which gives EU citizens the right to sue in U.S. courts over the misuse of personal data — has sparked controversy on Capitol Hill.Some lawmakers are expressing frustration that the EU has used the threat of enforcement action against U.S. companies to push Congress to make more concessions.“It’s been hard enough to get the Judicial Redress Act passed — if they’re going to make more demands on Congress, there won’t be a lot of willing listeners here,” Sen. Chris Murphy (D-Conn.) told The Hill on Thursday.
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