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Gary Edwards

Arnold Ahlert: The Real American Divide - The Patriot Post - 0 views

patriotpost.us/44059

Angelo-Codevilla Ruling-Class Country-Class Patriotism

shared by Gary Edwards on 04 Aug 16 - No Cached
  • Nancy Pelosi and Hillary Clinton provided great examples of the Ruling Class' arrogant mindset. Pelosi believes, as she stated last week, that white, non-college-educated men who vote Republican have “voted against their own economic interests because of guns, because of gays, and because of God — the three G’s, God being the woman’s right to choose.” Clinton was worse. Regarding abortion on demand, she insisted last year that “deep-seated cultural codes, religious beliefs and structural biases have to be changed.” In other words, one embraces the progressive elitist viewpoint, or one is a religiously inspired bigot with a passé worldview that must be demolished. Thus it is no surprise these elitists conflate anything that dissents from their globalist agenda as a “world of wall-builders,” who have “already done great damage,” states The Economist. That damage includes the Brexit, the rise of nationalist (read: right-wing) parties, and “more electoral victories for closed-world types who pose the greatest threat since Communism.” In other words, elitists disdain national sovereignty and democratically determined destiny, logical responses to skyrocketing levels of elitist-enabled terrorism and uncontrolled immigration, and deeply felt concerns by non-elitists about a global economy that has devastated millions left behind in its wake.
  • The Ruling Class “solutions” for Country Class problems? “Let goods and investment flow freely, but strengthen the social safety-net to offer support and new opportunities for those whose jobs are destroyed,” The Economist states. “To manage immigration flows better, invest in public infrastructure, ensure that immigrants work and allow for rules that limit surges of people.” Codevilla explains what this really means, noting that “our Ruling Class' first priority in any and all matters, its solution to any and all problems, is to increase the power of the government — meaning those who run it, meaning themselves.” To achieve that end, new laws are longer than ever, “because length is needed to specify how people will be treated unequally.” Thus, these laws become “primarily grants of discretion,” because “all anybody has to know about them is whom they empower.” Codevilla adds, “This defines ‘crony capitalism.’”
  • If that sounds familiar, maybe it’s because WikiLeak emails reveal the DNC granted itself the sole discretion to empower Hillary Clinton’s presidential nomination, right from the beginning. Thus, when Hillary spoke of “bringing people together” during her speech at the convention, it was really about doing so on her and her fellow insiders' terms. And when she promised to get money out of politics, it can be assumed the billions of dollars that have flowed into the Clinton Foundation — dollars that conspicuously align themselves with a number of dubious initiatives — will remain exempt, even as another sham investigation of Clinton behavior conducted by an equally corrupted IRS lends an imprimatur of genuine concern to the spectacle. “If Americans, or at least a majority of them, have not completely lost their own self-regard as a free people, then the November election should turn out to be a referendum on the ‘ruling class,’ and a massive repudiation of Hillary Clinton’s sense of entitlement to be the first woman elected President of the United States,” writes American Thinker’s Salim Mansur. Perhaps. But traditional thinking dies hard. And a corrupt mainstream media — epitomized by CNN anchor Wolf Blitzer and Chief Political Analyst Gloria Borger drinking wine and celebrating with Democrat delegates at the convention’s conclusion — isn’t about to jeopardize their own Ruling Class status to provide the Country Class with any potentially unifying political insight. Which brings us to Donald Trump. In exclusive communication with The Patriot Post, Codevilla maintained there were no circumstances under which he could support Hillary or any other Democrat, but his view of Trump “is more unfavorable than ever.” He does, however, grant that Trump “is the lesser of two evils.” He sees both candidates as “identical in their disregard for the U.S. Constitution and in the establishment of a post-republican regime — an empire of the will, by of and for favored sectors of the ruling class.”
  • ...3 more annotations...
  • No doubt Codevilla’s take resonates with millions of Americans appalled by a broken, Ruling Class-dominated political system that produced both candidates. Yet realistically, we are faced with a binary choice, made by either commission or omission. And while Codevilla believes “there is no vehicle for opposition” as yet to a Ruling Class “represented by the establishment of both parties,” our own Mark Alexander warns that “the outcome of the November election will not only determine our president for at least the next four years, but also the composition of the Supreme Court for at least the next quarter-century.” That quarter century could be one in which a constitutionally contemptuous Supreme Court majority appointed by Hillary Clinton makes representative government obsolete, and eliminates any chance, short of armed revolution, for the Country Class to take America back from the Ruling Class. A nation where, as Ayn Rand put it, “The government is free to do anything it pleases, while the citizens may act only by permission.” A Trump presidency may be nothing more than a distasteful, bite-the-bullet
  • impediment to Ruling Class hegemony. But it is better than no impediment at all.
  • “While most Americans pray to the God who created us in His own image, our Ruling Class prays to themselves as saviors of the planet and as shapers of mankind in their own image.” —from The Ruling Class: How They Corrupted America and What We Can Do About It by Angelo Codevilla, 2010. While many still frame the 2016 election in terms of Democrats vs. Republicans, those divisions are losing their meaning. This election could be the first one in which Americans will either choose to continue abiding a globalist Ruling Class and their government-dominant, one-world agenda, or decide that national sovereignty, the Constitution and American exceptionalism and individualism are worth preserving. To be clear, nationalism does not equal protectionism, nativism or Islamophobia, nor is it solely embraced by know-nothing rubes unworthy of serious consideration — despite the ongoing efforts of the Ruling Class to paint it that way. Codevilla calls people who oppose the Ruling Class the Country Class, and he describes it as a diverse, often inharmonious group that “shares above all the desire to be rid of rulers it regards as inept and haughty.”
  • Gary Edwards on 04 Aug 16
     
    ""While most Americans pray to the God who created us in His own image, our Ruling Class prays to themselves as saviors of the planet and as shapers of mankind in their own image." -from The Ruling Class: How They Corrupted America and What We Can Do About It by Angelo Codevilla, 2010. While many still frame the 2016 election in terms of Democrats vs. Republicans, those divisions are losing their meaning. This election could be the first one in which Americans will either choose to continue abiding a globalist Ruling Class and their government-dominant, one-world agenda, or decide that national sovereignty, the Constitution and American exceptionalism and individualism are worth preserving. To be clear, nationalism does not equal protectionism, nativism or Islamophobia, nor is it solely embraced by know-nothing rubes unworthy of serious consideration - despite the ongoing efforts of the Ruling Class to paint it that way. Codevilla calls people who oppose the Ruling Class the Country Class, and he describes it as a diverse, often inharmonious group that "shares above all the desire to be rid of rulers it regards as inept and haughty." Ruling Class haughtiness, argues Codevilla, derives from "an educational system that exposed them to the same ideas and gave them remarkably uniform guidance," and engenders "a social canon of judgments about good and evil, complete with secular sacred history, sins … and saints," all conveyed in an "in" language that serves as their "badge of identity." Irrespective of their professions, the Ruling Class is also united by the reality that "their road up included government channels and government money. … Hence, whether formally in government, out of it, or halfway in, America's Ruling Class speaks the language and has the tastes, habits, and tools of bureaucrats." Just as critically, this "fraternity" can only be joined by one who Codevilla says "shares the manners, the tastes, and the i
Gary Edwards

David Skeel: A Nation Adrift From the Rule of Law - WSJ.com - 1 views

online.wsj.com/...4184704577588822128122752.html

wsj rule-of-law David-Skeel

shared by Gary Edwards on 23 Aug 12 - No Cached
  • Gary Edwards on 23 Aug 12
     
    "No one doubts that the coming election will be the most important referendum on the size and nature of government in a generation. But another issue is nearly as important and has gotten far less attention: our crumbling commitment to the rule of law. The notion that we are governed by rules that are transparent and enacted through the legislative process-not by the whims of our leaders-is at the heart of that commitment. If legislators exceed their authority under the Constitution, or if otherwise legitimate laws are misused, courts must step in to prevent or remedy the potential harm. During the 2008 financial crisis, the government repeatedly violated these principles. When regulators bailed out Bear Stearns by engineering its sale to J.P. Morgan Chase, they flagrantly disregarded basic corporate law by "locking up" the transaction so that no other bidder could intervene. When the government bailed out AIG six months later, the Federal Reserve funded the bailout by invoking extraordinary loan powers for what was clearly an acquisition rather than a loan. (The government acquired nearly 80% of AIG's stock.) Two months later, the Treasury Department used money from the $700-billion Troubled Asset Relief Program fund to bail out the car companies. This was dubious. Under the statute, the funds were to be used for financial institutions. But the real violation came a few months later, when the government used a sham bankruptcy sale to transfer Chrysler to Fiat while almost certainly stiffing Chrysler's senior creditors. According to two leading legal scholars, Eric Posner and Adrian Vermeule, rule-of-law violations are inevitable during a crisis. The executive branch takes all necessary steps, even if that means violating the law, until the crisis has passed. The argument is powerful, and its advocates are correct that presidents and other executive-branch officials often push the envelope during a crisis. Yet pushing the envelope isn't the same thing as f
Gary Edwards

Seven Things You Should Know about the IRS Rule Challenged in King v. Burwell | Cato In... - 0 views

www.cato.org/...rule-challenged-king-v-burwell

ObamaCare King-v-Burwell

shared by Gary Edwards on 05 Mar 15 - No Cached
  • Gary Edwards on 05 Mar 15
     
    "By Michael F. Cannon and Jonathan H. Adler This article appeared on National Review (Online) on March 4, 2015. This week, the Supreme Court considers King v. Burwell. At issue is whether the IRS exceeded its authority under the Patient Protection and Affordable Care Act by issuing a final IRS rule that expanded the application of the Act's subsidies and mandates beyond the limits imposed by the statute. King v. Burwell is not a constitutional challenge. It challenges an IRS rule as being inconsistent with the Act it purports to implement. The case is a straightforward question of statutory interpretation. Here are seven things everyone needs to know about how the IRS developed the rule at issue in King v. Burwell. But first, a little background. If you're familiar with the case, you can skip to number one. Background Section 1311 of the Act directs states to establish health-insurance "Exchanges." Section 1321 directs the Secretary of Health and Human Services to establish Exchanges in states that "fail[]" to establish Exchanges. Confounding expectations, 38 states failed to establish Exchanges, in almost every case due to opposition to the Act. Section 1401 (creating I.R.C. § 36B) authorizes health-insurance subsidies (nominally, tax credits) "through an Exchange established by the State." The availability of those subsidies triggers tax penalties under the law's individual and employer mandates. In January 2014, the IRS began issuing those subsidies and imposing the resulting penalties through not only state-established Exchanges but also Exchanges established by the federal government as well (i.e., HealthCare.gov). In King v. Burwell, the plaintiffs allege that the IRS exceeded its powers under the Act by issuing a so-called final rule that purports to authorize subsidies in states with Exchanges established by the federal government. The plaintiffs claim that the rule and the subsidies being issued in such states are unlawful, because
Paul Merrell

DOJ Seeks Removal Of Restrictions On Computer Search Warrants - 0 views

www.mintpressnews.com/...190535

surveillance state digital-privacy remote-computer-search 4th Amendment

shared by Paul Merrell on 13 May 14 - No Cached
  • The Justice Department recently submitted proposed new rules on the procedures and practices of the department’s agencies and bureaus. Among the suggested changes is a modification of the Federal Rules of Criminal Procedure Rule 41(b), which empowers a federal court to issue a warrant allowing the federal government to conduct a search of a computer or computer network involved in a criminal investigation. Under current regulations, a warrant issued by a federal court is only valid in that court’s district. As there are 94 federal judicial districts, investigating a widespread attack may require either petitioning dozens of district courts or acting extrajudicially by not seeking a warrant. An extrajudicial investigation, however, cannot be used if criminal convictions are sought, as evidence gathered in this manner is not typically admissible in court. The Justice Department is seeking to make remote access warrants to search, seize and copy electronic information valid for all federal districts.
  • The Justice Department argues that due to the sophistication of cyber-criminals, an offending computer or computer cluster can sit in a district separate from the district where the hackers that infected the target computer anonymously are and separate from the investigators’ district. “Criminals are using multiple computers in many districts simultaneously as part of complex criminal schemes, and effectively investigating and disrupting these schemes often requires remote access to Internet-connected computers in many different districts,” wrote then-acting Assistant Attorney General Mythili Raman in a September letter to the Advisory Committee on the Criminal Rules. “Botnets are a significant threat to the public: they are used to conduct large-scale denial of service attacks, steal personal and financial data, and distribute malware designed to invade the privacy of users of the host computers,” Raman continued. In the letter, Raman cited an investigation of a child porn site that uses The Onion Router Network, or Tor, to anonymize its traffic. The Justice Department argues that it knows the site’s hosting server location, but without a warrant local to the server, the department is prevented from retrieving the server’s user records — including IP and MAC addresses. In most cases, however, law enforcement do not know the physical location of the site’s server, making it impossible to request a specific warrant.
  • In these cases, the Justice Department could request a blanket warrant. This would allow the department to set up a “zero-day” attack on the server — an attack exploiting a manufacturer-unknown or -permitted security flaw, allowing access to the system’s operating software. However, a Texas judge denied the FBI access to such a warrant, saying the Justice Department’s use of “zero-day” attacks in its investigation exposes the public and the target to unknown risks. One typical type of a “zero-day” attack is an infected email that could affect a large number of innocent people if the target used a public computer to access his email. The FBI planned to install a Remote Administration Tool, or RAT, which would distribute such emails in a partially-targeted spam mail distribution. Last year, Federal Magistrate Judge Stephen Smith of the Houston Division of the Southern District of Texas ruled that this was a gross overreach of investigatory intrusion, blocking the plan temporarily. A “zero-day” attack has the potential to activate and control the targeted computer’s peripherals, such as webcams and microphones.
  • ...2 more annotations...
  • Following this ruling, based on the assumptions that federal law enforcement fundamentally act in good faith and that there may be a legitimate need for remote exploitation of computer data, the Justice Department sought to introduce changes to the rules that would overcome Smith’s objections. The proposed change to Rule 41(b) would allow magistrate judges “… to issue a warrant to use remote access to search electronic storage media and to seize electronically stored information located within or outside that district.” The Justice Department has indicated that it wants warrants permitting multiple computers to be searched at the same time, as well as permission to search all of the email and social media accounts accessible from a single computer. Such access would constitute a violation of the Electronic Communications Privacy Act, as the government, under the act, must make demonstrate probable cause to each targeted service provider and obtain and serve a warrant for each service provider. A warrant to search every account active on a computer would be actively bypassing the act’s numerous safeguards.
  • Privacy advocates fear that this rule change would allow prosecutors and the Justice Department to seek out magistrates likely to give them their requested warrants, creating a situation in which the federal government could have a “warrant shop” with just one judge for the whole of the nation. In light of allegations of federal government over-policing — including revelations of aggressive domestic and international electronic spying by the FBI and the National Security Agency — many advocates argue that an examination of the federal government’s commitment to the Fourth Amendment is needed. “The proposed amendment would significantly expand the government’s authority to conduct remote searches of electronic storage media,” the American Civil Liberties Union wrote in a memorandum early last month. “It would also expand the government’s power to engage in computer hacking in the course of criminal investigations, including through the use of malware and other techniques that pose a risk to internet security and that raise Fourth Amendment and policy concerns. “In light of these concerns, the ACLU recommends that the Advisory Committee exercise extreme caution before granting the government new authority to remotely search individuals’ electronic data.” The rules are scheduled to be discussed at the meeting of the Judiciary’s Committee on Rules of Practice and Procedure later this month.
  • Paul Merrell on 13 May 14
     
    The proposed rule change is at pp. 499-501 here. http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Agenda%20Books/Standing/ST2014-05.pdf#page499 (very large PDF).  This is not just about the government being granted permission to exploit vulnerabilities unknown to the computer owner; the issue arose in a case where the government sought judicial permission to implant a Trojan Horse in a suspect's computer. Moreover, the proposed rule goes far beyond the confines of that case, purporting to authorize the government to skip merrily along searching computers not specified in the warrant, along the purported botnet. To put the icing on the cake, the government wants to be relieved from the requirement that they apply for a warrant in the district in which the computer to be searched is located. ("Oh, Goody! Let's start shopping around for the judges we like instead of the ones we are now required to persuade. What? The Mississippi judge refused to sign the warrant? Oh well, let's try it with that other judge we like, the one in Gnome, Alaska.") In other words, what the government seeks is authority for "general warrants," the very evil that the 4th Amendment was designed to outlaw. Even more outrageously, the proposed rule provides in part: "For a warrant to use remote access to search electronic storage media and seize or copy electronically stored information, the officer must make reasonable efforts to serve a copy of the warrant on the person whose property *was* searched or whose information *was* seized or copied. Service may be accomplished by any means, including electronic means, reasonably calculated to reach that person." Not the use of the past tense "was." So after they have drained your computer of all its data, they may permissibly install a batch file that will display a copy of the warrant on your monitor the next time you boot your computer. With a big red lipstick imprint of a kiss imprinted in the warrant's bottom margin, no doubt
  • Paul Merrell on 13 May 14
     
    The proposed rule change is at pp. 499-501 here. http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Agenda%20Books/Standing/ST2014-05.pdf#page499 (very large PDF).  This is not just about the government being granted permission to exploit vulnerabilities unknown to the computer owner; the issue arose in a case where the government sought judicial permission to implant a Trojan Horse in a suspect's computer. Moreover, the proposed rule goes far beyond the confines of that case, purporting to authorize the government to skip merrily along searching computers not specified in the warrant, along the purported botnet. To put the icing on the cake, the government wants to be relieved from the requirement that they apply for a warrant in the district in which the computer to be searched is located. In other words, what the government seeks is authority for "general warrants," the very evil that the 4th Amendment was designed to outlaw. Even more outrageously, the proposed rule provides in part: "For a warrant to use remote access to search electronic storage media and seize or copy electronically stored information, the officer must make reasonable efforts to serve a copy of the warrant on the person whose property *was* searched or whose information *was* seized or copied. Service may be accomplished by any means, including electronic means, reasonably calculated to reach that person." Not the use of the past tense "was." So after they have drained your computer of all its data, they may permissibly install a batch file that will display a copy of the warrant on your monitor the next time you boot your computer. With a big red lipstick imprint of a kiss imprinted at the bottom.  To be continued after this is intially posted to Diigo so the content isn't cut off.   
Gary Edwards

Articles: Ruling Class Without a Clue - 0 views

www.americanthinker.com/...ling_class_without_a_clue.html

Angelo-Codevilla ruling-class-elites

shared by Gary Edwards on 25 Jun 13 - No Cached
  • We the people want a little free stuff.
  • The ruling class wants to seize and hold political power.
  • Usually, those vote-buying promises result in policies that damage the economy.
  • ...16 more annotations...
  • Promising free stuff is how you get elected.
  • There's only one way that the ruling class knows how to deal with the inevitable consequence of gunning the housing market with mortgage subsidies
  • That is the way to understand the global economic situation. It is governments trying to paper over their mistakes.
  • In the U.S. the government is trying to paper over a credit system that is still badly holed from the mortgage meltdown.
  • The result is that politicians and their officials are always involved in trying to band-aid over the distortions and the wounds they have inflicted on the economy in their crude bid for power.
  • Print lots of money to float the underwater mortgages.
  • What can we understand from all this news? It stands to reason. These ruling classes don't have a clue what they are doing.
  • In Europe the ruling class is trying to deal with the consequence of its 50-year hubris. The people, they decided after World War II, were a bunch of crypto-Nazis.
  • So the enlightened ruling class would federalize Europe to make sure that aggressive nationalism would never rear its ugly head again.
  • Think of the Chinese ruling class. The Chi-com rulers really want to bring China into the modern era, but they naturally feel that this is only possible under their wise leadership.
  • So they get exactly the crony capitalism we enjoy here in the United States, as the ruling class dribbles subsidies out to its supporters out in the provinces to keep them on-side while they fundamentally transform China.
  • The Fed wants to stop the presses, and it can, it will some day. But it doesn't want to bring on another panic. The trouble is that even talk about ending its quantitative easing leads to a market swoon.
  • As Angelo Codevilla writes, those NSA data mining efforts might really amount to something if the NSA had a clue what it was doing.
  • [T]he aftermath of 9/11, technology, inertia, and allergy to accountability gave the US government the capacity to capture and examine at will well nigh the whole electronic realm. It would very much like to do the protective job that President Obama and Karl Rove claim and may even believe it is doing. But there is no evidence that anyone has figured out how to sidestep the realities that prevent that.
  • In Codevilla's view, the U.S. government is still going what it decided to do in WWII. Collect everything and then decide what to do with it.
  • is the Fed fighting recession or fighting inflation?
  • Gary Edwards on 25 Jun 13
     
    Good bullet analysis of how things work and why governments continue to get it wrong.  It comes as no surprise that the article turns out to be a quick summary of some deep thinking by Angelo Codevilla, the genius who coined the term "Ruling Class".  Linked at:  JUN 23, 2013 The Ruling Class Consensus On Domestic Spying http://www.libertylawsite.org/2013/06/23/the-ruling-class-consensus-on-domestic-spying/ At the end of the day, the Ruling Class El;ites hate the American Constitution, and will do whatever it takes to destroy the only Republic ever dedicated to individual liberty, freedom and the rule of law.
Gary Edwards

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

www.powerlineblog.com/...illa-on-our-present-moment.php

Angelo-Codevilla Trump ruling-class-elites

shared by Gary Edwards on 29 Jul 15 - No Cached
  • Angelo Codevilla is a former staff member of the Senate Intelligence Committee, professor emeritus of international relations at Boston University, and the author of more than a dozen fine books on politics, arms control, and intelligence (if I had to pick a favorite it might be The Character of Nations), including a fine translation of Machiavelli’s Prince published by Yale University Press. Most recently his essay-turned-book The Ruling Class: How They Corrupted America and What We Can Do About It caught the attention of Rush Limbaugh and many others. It argues that our fundamental political problem is not “big government,” but the creation of a ruling class, inhabiting both parties, that is steadily increasing its authoritarian control over the nation. In a conversation a few months ago Angelo remarked, “The 2016 election is simple; the person who runs on the platform ‘Who do they think they are?’ will win.”
  • Donald Trump leapt atop other contenders for the Republican presidential nomination when he acted on the primordial fact in American public life today, from which most of the others hide their eyes, namely: most Americans distrust, fear, are sick and tired of, the elected, appointed, and bureaucratic officials who rule over us, as well as their cronies in the corporate, media, and academic world.
  • Trump’s attraction lies less in his words’ grace or even precision than in the extent to which Americans are searching for someone, anyone, to lead against this ruling class, that is making America less prosperous, less free, and more dangerous.
  • ...5 more annotations...
  • three fifths of Democratic voters approve the conduct of their officials, only about one fifth of Republican voters approve what theirs do.
  • Moreover, Americans are becoming increasingly skeptical about their celebrities’ integrity. With good reason. McCain is just a minor example of a phenomenon that characterizes our ruling class: reputations built on lies and cover-ups, lives of myth protected by mutual forbearance, by complicitous journalists, or by records deep-sixed, including in in government archives.
  • As they lord it over us, they live lives that cannot stand scrutiny.
  • The point here is simple: our ruling class has succeeded in ruling not by reason or persuasion, never mind integrity, but by occupying society’s commanding heights, by imposing itself and its ever-changing appetites on the rest of us. It has coopted or intimidated potential opponents by denying the legitimacy of opposition. Donald Trump, haplessness and clownishness notwithstanding, has shown how easily this regime may be threatened just by refusing to be intimidated.
  • At increasing speed, our ruling class has created “protected classes” of Americans defined by race, sex, age, disability, origin, religion, and now homosexuality, whose members have privileges that outsider do not. By so doing, they have shattered the principle of equality – the bedrock of the rule of law. Ruling class insiders use these officious classifications to harass their socio-political opponents. An unintimidated statesman would ask: Why should not all “classes” be equally protected? Does the rule of law even admit of “classes”? Does not the 14th amendment promise “the equal protection of the laws” to all alike? He would note that when the government sets aside written law in favor of what the powerful want, it thereby absolves citizens any obligation to obey government.
  • Gary Edwards on 29 Jul 15
     
    "Does Trump trump? By Angelo M. Codevilla "In the land of the blind," so goes the saying, "the one-eyed man is king." Donald Trump leapt atop other contenders for the Republican presidential nomination when he acted on the primordial fact in American public life today, from which most of the others hide their eyes, namely: most Americans distrust, fear, are sick and tired of, the elected, appointed, and bureaucratic officials who rule over us, as well as their cronies in the corporate, media, and academic world. Trump's attraction lies less in his words' grace or even precision than in the extent to which Americans are searching for someone, anyone, to lead against this ruling class, that is making America less prosperous, less free, and more dangerous. Trump's rise reminds this class's members that they sit atop a rumbling volcano of rejection. Republicans and Democrats hope to exorcise its explosion by telling the public that Trump's remarks on immigration and on the character of fellow member John McCain (without bothering to try showing that he errs on substance), place him outside the boundaries of their polite society. Thus do they throw Br'er Rabbit into the proverbial briar patch. Now what? The continued rise in Trump's poll numbers reminds all that Ross Perot - in an era that was far more tolerant of the Establishment than is ours - outdistanced both Bush 41 and Bill Clinton before self-destructing, just by speaking ill of both parties before he self destructed. Republicans brahmins have the greater reason to fear. Whereas some three fifths of Democratic voters approve the conduct of their officials, only about one fifth of Republican voters approve what theirs do. If Americans in general are primed for revolt, Republican (and independent) voters fairly thirst for it. Trump's barest hints about what he opposes (never mind proposes) regarding just a few items on the public agenda have had such effect because they accord with
Paul Merrell

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

www.politico.com/...eid-nuclear-option-100199.html

U.S. Senate rules filibuster appointments

shared by Paul Merrell on 22 Nov 13 - No Cached
  • 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.
  • ...2 more annotations...
  • 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.
  • Paul Merrell on 22 Nov 13
     
    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

A Victory for All of Us - Liberty in the Breach - 0 views

www.paulcraigroberts.org/...a-victory-for-all-of-us

Paul-Craig-Roberts Liberty-Tryanny Liberty-in-the-breach NDAA

shared by Gary Edwards on 11 Jul 12 - No Cached
  • Gary Edwards on 11 Jul 12
     
    Details of how a federal Judge came to rule that the insideous NDAA law is un Constitutional. excerpt: Posted on May 18, 2012 By Chris Hedges In January, attorneys Carl Mayer and Bruce Afran asked me to be the lead plaintiff in a lawsuit against President Barack Obama and Defense Secretary Leon Panetta that challenged the harsh provisions of the National Defense Authorization Act (NDAA). We filed the lawsuit, worked for hours on the affidavits, carried out the tedious depositions, prepared the case and went to trial because we did not want to be passive in the face of another egregious assault on basic civil liberties, because resistance is a moral imperative, and because, at the very least, we hoped we could draw attention to the injustice of the law. None of us thought we would win. But every once in a while the gods smile on the damned. U.S. District Judge Katherine Forrest, in a 68-page opinion, ruled Wednesday that Section 1021 of the NDAA was unconstitutional. It was a stunning and monumental victory. With her ruling she returned us to a country where-as it was before Obama signed this act into law Dec. 31-the government cannot strip a U.S. citizen of due process or use the military to arrest him or her and then hold him or her in military prison indefinitely. She categorically rejected the government's claims that the plaintiffs did not have the standing to bring the case to trial because none of us had been indefinitely detained, that lack of imminent enforcement against us meant there was no need for an injunction and that the NDAA simply codified what had previously been set down in the 2001 Authorization to Use Military Force Act. The ruling was a huge victory for the protection of free speech. Judge Forrest struck down language in the law that she said gave the government the ability to incarcerate people based on what they said or wrote. Maybe the ruling won't last. Maybe it will be overturned. But we and other Americans are
  • Paul Merrell on 12 Jul 12
Gary Edwards

A Finalized Path to Full, Socialized Medicine in America -- Thanks to Conservatives - F... - 0 views

www.forbes.com/...merica-thanks-to-conservatives

Richard-Salsman TB2-Roberts ObamaCare-TAX

shared by Gary Edwards on 05 Jul 12 - No Cached
  • the kind of “soft despotism” Tocqueville warned of in 1835, a “tyranny of the majority” unique to democracy itself, as it is to every other form of mob rule.
  • Hamiltonian Federalists, adamantly opposed democracy and vigorously defended a constitutionally-limited federal republic, because the first violated individual rights, while the latter protected them.
  • Jeffersonians opposed the new Constitution, condoned slavery, championed Rousseau’s “popular will,” and favored democracy; today their progeny can be found among the liberty-crushing Obama zombies.
    • Gary Edwards
      Gary Edwards on 05 Jul 12
       
      I din't agree with this statement!!  Jefferson fully supported the Madison Constitutional design.  If anything though, Jefferson was concerned about the sovereignty and power of the States as a limiting force on the Federal government.  This belief was excercized in 1798 when Jefferson and Madison took their opposition to the horrid  Adams-Federalist "Alien and Sediton Act" directly to the State legislatures.  Jefferson and Madison did not turn to to the federal Congress, that had passed the Act. they went straight to the States legislatures to marshal opposition and counter this first assault on  the Constitution and Bill of Rights (first andammendment).
  • Gary Edwards on 05 Jul 12
     
    Nice summary of the TB2 Roberts Obamacare/Tax supremecist court ruling.  Author Richard Salsman concludes that we now have a Totalitarian government under the rule of men; not the Constitutional Republic and Rule of Law the Founding Fathers left us.   excerpt: Once again American conservatives have struck a lethal blow against freedom, rights and capitalism. The U.S. Supreme Court's 5-4 ruling today, condoning every sordid feature of the 2700-page, rights-violating "ObamaCare" law, ensures that America will move still farther and faster down the path to full, socialized medicine, a path first paved in the 1960s, with Medicare and Medicaid. The lawless ruling was made possible by the vote of Chief Justice John Roberts, an appointee of "compassionate conservative" George W. Bush. With today's ruling the U.S. government can do virtually anything it wishes to its citizens - liberty and rights be damned, without limit. Officially in America we now have a totally arbitrary and limitless government. That is, we have a "total government." In short, we've got totalitarian government. As to how much further liberty we may lose in our lifetimes, it'll depend only on how arbitrary and vicious reigning rulers choose to be, or not. There's no real Rule of Law any more, only the Rule of Men - and these are mostly ignorant, reckless men.
Paul Merrell

FBI demands new powers to hack into computers and carry out surveillance | US news | Th... - 0 views

www.theguardian.com/...hacking-computers-surveillance

surveillance state FBI Fed.R.Crim.P.-41 roving-warrants

shared by Paul Merrell on 01 Nov 14 - No Cached
  • The FBI is attempting to persuade an obscure regulatory body in Washington to change its rules of engagement in order to seize significant new powers to hack into and carry out surveillance of computers throughout the US and around the world. Civil liberties groups warn that the proposed rule change amounts to a power grab by the agency that would ride roughshod over strict limits to searches and seizures laid out under the fourth amendment of the US constitution, as well as violate first amendment privacy rights. They have protested that the FBI is seeking to transform its cyber capabilities with minimal public debate and with no congressional oversight. The regulatory body to which the Department of Justice has applied to make the rule change, the advisory committee on criminal rules, will meet for the first time on November 5 to discuss the issue. The panel will be addressed by a slew of technology experts and privacy advocates concerned about the possible ramifications were the proposals allowed to go into effect next year.
  • “This is a giant step forward for the FBI’s operational capabilities, without any consideration of the policy implications. To be seeking these powers at a time of heightened international concern about US surveillance is an especially brazen and potentially dangerous move,” said Ahmed Ghappour, an expert in computer law at University of California, Hastings college of the law, who will be addressing next week’s hearing. The proposed operating changes related to rule 41 of the federal rules of criminal procedure, the terms under which the FBI is allowed to conduct searches under court-approved warrants. Under existing wording, warrants have to be highly focused on specific locations where suspected criminal activity is occurring and approved by judges located in that same district. But under the proposed amendment, a judge can issue a warrant that would allow the FBI to hack into any computer, no matter where it is located. The change is designed specifically to help federal investigators carry out surveillance on computers that have been “anonymized” – that is, their location has been hidden using tools such as Tor.
  • Were the amendment to be granted by the regulatory committee, the FBI would have the green light to unleash its capabilities – known as “network investigative techniques” – on computers across America and beyond. The techniques involve clandestinely installing malicious software, or malware, onto a computer that in turn allows federal agents effectively to control the machine, downloading all its digital contents, switching its camera or microphone on or off, and even taking over other computers in its network.
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  • Civil liberties and privacy groups are particularly alarmed that the FBI is seeking such a huge step up in its capabilities through such an apparently backdoor route. Soghoian said of next week’s meeting: “This should not be the first public forum for discussion of an issue of this magnitude.” Jennifer Granick, director of civil liberties at the Stanford center for internet and society, said that “this is an investigative technique that we haven’t seen before and we haven’t thrashed out the implications. It absolutely should not be done through a rule change – it has to be fully debated publicly, and Congress must be involved.” Ghappour has also highlighted the potential fall-out internationally were the amendment to be approved. Under current rules, there are no fourth amendment restrictions to US government surveillance activities in other countries as the US constitution only applies to domestic territory.
  • Another insight into the expansive thrust of US government thinking in terms of its cyber ambitions was gleaned recently in the prosecution of Ross Ulbricht, the alleged founder of the billion-dollar drug site the Silk Road. Experts suspect that the FBI hacked into the Silk Road server, that was located in Reykjavik, Iceland, though the agency denies that. In recent legal argument, US prosecutors claimed that even if they had hacked into the server without a warrant, it would have been justified as “a search of foreign property known to contain criminal evidence, for which a warrant was not necessary”.
  • Paul Merrell on 01 Nov 14
     
    This rule change has been in the works during the last year.  "The change is designed specifically to help federal investigators carry out surveillance on computers that have been "anonymized" - that is, their location has been hidden using tools such as Tor."  Are we dizzy yet? The State Department is pushing the use of TOR by dissidents in nations whose governments State and the CIA intends to overthrow. Meanwhile, Feed Bag, Inc. wants use of TOR to be sufficient grounds for installing malware on anyone using it to make their systems and all their systems can see or hear be an open book. Let's see. There's the First Amendment right to anonymous speech just to begin with. McIntyre v. Ohio Elections Comm'n, 514 US 334 (1995). ("Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority. It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation-and their ideas from suppression-at the hand of an intolerant society. The right to remain anonymous may be abused when it shields fraudulent conduct. But political speech by its nature will sometimes have unpalatable consequences, and, in general, our society accords greater weight to the value of free speech than to the dangers of its misuse.") (Internal citation omitted.) And of course there's the Natural Law liberty to whisper, to utter words in a way that none but the intended recipient can hear. So throw on the violation of the Fifth Amendment's Liberty clause. Then there's the plain language of the Fourth Amendment warrant clause, "particularly describing the *place* to be searched." Not to mention the major reason for the Fourth Amendment, to abolish the "general warrant" that had enabled the Crown to search wherever the warrant's executor's little heart desired.  And th
Gary Edwards

As Country Club Republicans Link Up With The Democratic Ruling Class, Millions Of Voter... - 0 views

www.forbes.com/...illions-of-voters-are-orphaned

Angelo-Codevilla ruling-class ruling-class-elites rino-repubicans

shared by Gary Edwards on 22 Feb 13 - No Cached
  • Gary Edwards on 22 Feb 13
     
    "By Angelo Codevilla  (In August/July of 2012, Mr. Codevilla published another earth shaking analysis where he used the terms "ruling class" and "ruling elites".  This time he shakes it up exposing the Republican Party elites as part of the ruling class, consistently working against the interests of the millions of Americans who voted for them). On January 1, 2013 one third of Republican congressmen, following their leaders, joined with nearly all Democrats to legislate higher taxes and more subsidies for Democratic constituencies. Two thirds voted no, following the people who had elected them. For generations, the Republican Party had presented itself as the political vehicle for Americans whose opposition to ever-bigger government financed by ever-higher taxes makes them a "country class."  Yet modern Republican leaders, with the exception of the Reagan Administration, have been partners in the expansion of government, indeed in the growth of a government-based "ruling class." They have relished that role despite their voters. Thus these leaders gradually solidified their choice to no longer represent what had been their constituency, but to openly adopt the identity of junior partners in that ruling class. By repeatedly passing bills that contradict the identity of Republican voters and of the majority of Republican elected representatives, the Republican leadership has made political orphans of millions of Americans. In short, at the outset of 2013 a substantial portion of America finds itself un-represented, while Republican leaders increasingly represent only themselves."
Gary Edwards

The worst rise to the top - Mises Economic Blog - 0 views

feeds.mises.org/...Z1MQ3qC2Jaw

Hayek Road-toSerfom Politics Mises-Economic-Institute

shared by Gary Edwards on 04 Jan 12 - No Cached
  • Gary Edwards on 04 Jan 12
     
    Very interesting post from Douglas French concerning the repubican primaries and F.A. Hayek's "Road to Serfom" comments on modern politics. Fascinating stuff. Hayek argues that, in politics, "the worst rise to the top", and he outlines three reasons why: .... Choosing is the problem. Informed people are more "nuanced" - they have many divergent opinions and views. Uniformity however drives the group dynamics behind a democratic process. Uniformity of opinion rules, and the less informed a person is, the more uniform and drawn to larger groups they will be. The "lowest common denominator" rule rules the democratic process. Mobocracy at work. .... Those on top, pursuing the political leadership positions, must appeal to the masses and weave together the groups driven by the "lowest common denominator" rule. The docile and gullible "are ready to accept whatever values and ideology drummed into them". Advantage to big media, the socialist assemblage ruling public education, and public workers unions. ..... Third, political leaders "don't promote a positive agenda, but a negative one of hating an enemy and envy of the wealthy. To appeal to the masses, leaders preach an "us" against "them" program." The great unwashed and uninformed being guided and driven "by emotion and passion rather than critical thinking." Not sure i agree with any of this, much as i admire and recognize the importance of Hayek and his seminal, game changing "Road to Serfdom". One reason is that some of the most informed people i know are goose stepping socialist hell bent on ending individual liberty - as in "life, liberty and the pursuit of happiness", in exchange for Marxist social equality. Another reason i would disagree is that the salt of the earth "bitter clingers" Reagan Conservatives that rock the Tea Party movement are exactly what the establishment elites call the "uninformed masses". Not sure if that's what Hayek meant, but his viewpoint does look a
Paul Merrell

NSA phone surveillance program likely unconstitutional, federal judge rules | World new... - 0 views

www.theguardian.com/...-likely-unconstitutional-judge

surveillance state NSA call-metadata litigation 4th Amendment constitutional law NSA-blowback

shared by Paul Merrell on 17 Dec 13 - No Cached
  • A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden. Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was "almost Orwellian" in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be "aghast" at the scope of the agency’s collection of Americans' communications data. The ruling, by the US district court for the District of Columbia, is a blow to the Obama administration, and sets up a legal battle that will drag on for months, almost certainly destined to end up in the supreme court. It was welcomed by campaigners pressing to rein in the NSA, and by Snowden, who issued a rare public statement saying it had vindicated his disclosures. It is also likely to influence other legal challenges to the NSA, currently working their way through federal courts.
  • In Monday’s ruling, the judge concluded that the pair's constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, Leon put the ruling on hold, pending an appeal by the government. Leon expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” he wrote.
  • Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional. “Plaintiffs have a substantial likelihood of showing that their privacy interests outweigh the government’s interest in collecting and analysing bulk telephony metadata and therefore the NSA’s bulk collection program is indeed an unreasonable search under the fourth amendment,” he wrote. Leon said that the mass collection of phone metadata, revealed by the Guardian in June, was "indiscriminatory" and "arbitrary" in its scope. "The almost-Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived in 1979," he wrote, referring to the year in which the US supreme court ruled on a fourth amendment case upon which the NSA now relies to justify the bulk records program.
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  • In a statement, Snowden said the ruling justified his disclosures. “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts," he said in comments released through Glenn Greenwald, the former Guardian journalist who received leaked documents from Snowden. "Today, a secret program authorised by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
  • In his ruling, Judge Leon expressly rejected the government’s claim that the 1979 supreme court case, Smith v Maryland, which the NSA and the Obama administration often cite to argue that there is no reasonable expectation of privacy over metadata, applies in the NSA’s bulk-metadata collection. The mass surveillance program differs so much from the one-time request dealt with by the 1979 case that it was of “little value” in assessing whether the metadata dragnet constitutes a fourth amendment search.
  • In a decision likely to influence other federal courts hearing similar arguments from the ACLU, Leon wrote that the Guardian’s disclosure of the NSA’s bulk telephone records collection means that citizens now have standing to challenge it in court, since they can demonstrate for the first time that the government is collecting their phone data.
  • Leon also struck a blow for judicial review of government surveillance practices even when Congress explicitly restricts the ability of citizens to sue for relief. “While Congress has great latitude to create statutory schemes like Fisa,” he wrote, referring to the seminal 1978 surveillance law, “it may not hang a cloak of secrecy over the constitution.”
  • In his ruling on Monday, Judge Leon predicted the process would take six months. He urged the government to take that time to prepare for an eventual defeat. “I fully expect that during the appellate process, which will consume at least the next six months, the government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld,” wrote Leon in his opinion. “Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.”
  • Paul Merrell on 17 Dec 13
     
    This is the case I thought was the weakest because of poor drafting in the complaint. The judge noted those issues in dismissing the plaintiffs' claims under the Administrative Procedures Act, but picked his way through what remained to find sufficient allegations to support the 4th Amendment challenge. Because he ruled for the plaintiffs on the 4th Amendment count, the judge did not reach the plaintiffs' arguments under the First and Fifth Amendments. This case is about cellphone call metadata, which the FISA Court has been ordering cell phone companies to provide every day, with the orders updated every 90 days. The judge's 68-page opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40 (cleaner copy than the Guardian's, which was apparently faxed). Notably, the judge, Richard Leon, is a Bush II appointee and one of the plaintiffs is a prominent conservative civil libertarian lawyer. The other plaintiff is the father of an NSA cryptologist who worked closely with SEAL Team 6 and was killed along with members of that team when their helicopter crashed in Afghanistan. I'll add some more in a comment. But digital privacy is not yet dead.
  • Paul Merrell on 17 Dec 13
     
    Unfortunately, DRM is not dead yet either and the court's PDF file is locked. No easy copying of its content. If you want to jump directly to the discussion of 4th Amendment issues, go to page 35. That way, you can skip past all the dreary discussion of the Administrative Procedures Act claim and you won't miss much that's memorable. In ruling on the plaintiffs' standing to raise the 4th Amendment claim, Judge Leon postulated two possible search issues: [i] the bulk daily collection of metadata and its retention in the database for five years; and [ii] the analysis of that data through the NSA's querying process. The judge had no difficulty with the first issue; it definitely qualifies as a search. But the judge rejected the plaintiffs' argument on the second type (which was lame), demonstrating that at least one federal judge understands how computers work. The government's filings indicated that a "seed" telephone number or other identifier is used as the query string. Judge Leon figured out for himself from this fact that the NSA of necessity had to compare that number or identifier to every number or identifier in its database looking for a match. The judge concluded that the plaintiffs' metadata --- indeed everyone's metadata --- had to be searched for comparison purposes *every* time the NSA analysts ran any query against the database. See his incisive discussion at pp. 39-41. So having established that two searches were involved, one every time the NSA queried the database, the judge moved on to the next question, whether "the plaintiffs had a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains that metadata for five years, and then queries, analyzes, and investigates that data without prior judicial approval of the investigative targets." pg. 43. More later
Gary Edwards

The Divider vs. the Thinker - WSJ.com - 0 views

online.wsj.com/...3554104577002262150454258.html

Banksters Paul-Ryan Obammunism Peggy-Noonan WSJ The-American-Idea

shared by Gary Edwards on 28 Oct 11 - No Cached
  • There's a lot to rebel against, to want to throw off. If they want to make a serious economic and political critique, they should make the one Gretchen Morgenson and Joshua Rosner make in "Reckless Endangerment": that real elites in Washington rigged the system for themselves and their friends, became rich and powerful, caused the great catering, and then "slipped quietly from the scene."
  • It is a blow-by-blow recounting of how politicians—Democrats and Republicans—passed the laws that encouraged the banks to make the loans that would never be repaid, and that would result in your lost job.
  • It began in the early 1990s, in the Clinton administration, and continued under the Bush administration, with the help of an entrenched Congress that wanted only two things: to receive campaign contributions and to be re-elected.
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  • Specifically it is the story of Fannie Mae and Freddie Mac, the mortgage insurers, and how their politically connected CEOs, especially Fannie's Franklin Raines and James Johnson, took actions that tanked the American economy and walked away rich.
  • "the temptation to exploit fear and envy returns." Politicians divide in order to "evade responsibility for their failures" and to advance their interests.
  • "The American Idea"
  • Which gets us to Rep. Paul Ryan. Mr. Ryan receives much praise, but I don't think his role in the current moment has been fully recognized. He is doing something unique in national politics. He thinks. He studies. He reads. Then he comes forward to speak, calmly and at some length, about what he believes to be true. He defines a problem and offers solutions, often providing the intellectual and philosophical rationale behind them.
  • But Republicans, in their desire to defend free economic activity, shouldn't be snookered by unthinking fealty to big business. They should never defend—they should actively oppose—the kind of economic activity that has contributed so heavily to the crisis.
  • Here Mr. Ryan slammed "corporate welfare and crony capitalism."
  • "Why have we extended an endless supply of taxpayer credit to Fannie Mae and Freddie Mac, instead of demanding that their government guarantee be wound down and their taxpayer subsidies ended?" Why are tax dollars being wasted on bankrupt, politically connected solar energy firms like Solyndra? "Why is Washington wasting your money on entrenched agribusiness?"
  • The "true sources of inequity in this country," he continued, are "corporate welfare that enriches the powerful, and empty promises that betray the powerless."
  • The real class warfare that threatens us is "a class of bureaucrats and connected crony capitalists trying to rise above the rest of us, call the shots, rig the rules, and preserve their place atop society."
  • Gary Edwards on 28 Oct 11
     
    Peggy Noonan writes about Paul Ryan's "The American Idea" speech he recently gave at the heritage Foundation.  It's a beautifully written summary that goes right to the heart of the matter:  the ruling elites have been enriching themselves, feeding at the public trough of corporate welfare and crony capitalism.  Washington DC is corrupt and rotten to the core, and the hand maiden of Banksters, Global Corporatist, Big Unions, and Big Bearucracy.   One things for sure.  Congressman Paul Ryan is a brilliant thinker aho believes in the great promise he calls "The American Idea".   Funny how, as the presidential primary race rolls on, my hopeful attention is being drawn towards four men:  Herman Cain, Paul Ryan, Ron Paul and Marco Rubio.   Herman unfortunately is soft on Banksters, totally unaware and oblivious to the need to take back the currency, and end the Federal Reserve Bankster Cartel.  I also have some difficulties with the "revenue neutral" aspects of his 999 plan.  We need less government, not more.  The private sector needs to keep more money, not less.   Too bad because everything else about Herman excites me.  Especially his authentic, from the heart love of America, American exceptionalism and opportunity, and the founders truly unique "American Idea". Ron Paul has an awesome "American Recovery" plan.  Awesome.  But his remarks on terrorism and foreign policy stray far from his usual reliance on the Constitution and the 10th Amendment.   He's right about the connection between global corporatism and the never ending militarism they push.  But he's dead ass wrong about our enemies and their intentions.  And that's scary.  If RP had stuck to the Constitution and 10th Amendment, i would fully support him.   If it's not an enumerated power, it belongs to the States and individual citizens.  End of story.   Marco Rubio is awesome in the same way Herman is.  He connects with a special authenticity that screams the principles and val
Paul Merrell

DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals - Law Blog - WSJ - 0 views

blogs.wsj.com/...lities-against-cyber-criminals

surveillance state DoJ government-malware criminal-procedure

shared by Paul Merrell on 29 Mar 14 - No Cached
  • The U.S. Department of Justice is pushing to make it easier for law enforcement to get warrants to hack into the computers of criminal suspects across the country. The move, which would alter federal court rules governing search warrants, comes amid increases in cases related to computer crimes. Investigators say they need more flexibility to get warrants to allow hacking in such cases, especially when multiple computers are involved or the government doesn’t know where the suspect’s computer is physically located. The Justice Department effort is raising questions among some technology advocates, who say the government should focus on fixing the holes in computer software that allow such hacking instead of exploiting them. Privacy advocates also warn government spyware could end up on innocent people’s computers if remote attacks are authorized against equipment whose ownership isn’t clear.
  • The government’s push for rule changes sheds light on law enforcement’s use of remote hacking techniques, which are being deployed more frequently but have been protected behind a veil of secrecy for years. In documents submitted by the government to the judicial system’s rule-making body this year, the government discussed using software to find suspected child pornographers who visited a U.S. site and concealed their identity using a strong anonymization tool called Tor. The government’s hacking tools—such as sending an email embedded with code that installs spying software — resemble those used by criminal hackers. The government doesn’t describe these methods as hacking, preferring instead to use terms like “remote access” and “network investigative techniques.” Right now, investigators who want to search property, including computers, generally need to get a warrant from a judge in the district where the property is located, according to federal court rules. In a computer investigation, that might not be possible, because criminals can hide behind anonymizing technologies. In cases involving botnets—groups of hijacked computers—investigators might also want to search many machines at once without getting that many warrants.
  • Some judges have already granted warrants in cases when authorities don’t know where the machine is. But at least one judge has denied an application in part because of the current rules. The department also wants warrants to be allowed for multiple computers at the same time, as well as for searches of many related storage, email and social media accounts at once, as long as those accounts are accessed by the computer being searched. “Remote searches of computers are often essential to the successful investigation” of computer crimes, Acting Assistant Attorney General Mythili Raman wrote in a letter to the judicial system’s rulemaking authority requesting the change in September. The government tries to obtain these “remote access warrants” mainly to “combat Internet anonymizing techniques,” the department said in a memo to the authority in March. Some groups have raised questions about law enforcement’s use of hacking technologies, arguing that such tools mean the government is failing to help fix software problems exploited by criminals. “It is crucial that we have a robust public debate about how the Fourth Amendment and federal law should limit the government’s use of malware and spyware within the U.S.,” said Nathan Wessler, a staff attorney at the American Civil Liberties Union who focuses on technology issues.
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  • A Texas judge who denied a warrant application last year cited privacy concerns associated with sending malware when the location of the computer wasn’t known. He pointed out that a suspect opening an email infected with spyware could be doing so on a public computer, creating risk of information being collected from innocent people. A former computer crimes prosecutor serving on an advisory committee of the U.S. Judicial Conference, which is reviewing the request, said he was concerned that allowing the search of multiple computers under a single warrant would violate the Fourth Amendment’s protections against overly broad searches. The proposed rule is set to be debated by the Judicial Conference’s Advisory Committee on Criminal Rules in early April, after which it would be opened to public comment.
Paul Merrell

Data Transfer Pact Between U.S. and Europe Is Ruled Invalid - The New York Times - 0 views

www.nytimes.com/...-union-us-data-collection.html

surveillance state NSA-reform EUCJ litigation safe-harbor

shared by Paul Merrell on 06 Oct 15 - No Cached
  • Europe’s highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people’s web search histories and social media updates between the European Union and the United States. The decision left the international operations of companies like Google and Facebook in a sort of legal limbo even as their services continued working as usual.The ruling, by the European Court of Justice, said the so-called safe harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans’ online information. The court said leaks from Edward J. Snowden, the former contractor for the National Security Agency, made it clear that American intelligence agencies had almost unfettered access to the data, infringing on Europeans’ rights to privacy. The court said data protection regulators in each of the European Union’s 28 countries should have oversight over how companies collect and use online information of their countries’ citizens. European countries have widely varying stances towards privacy.
  • Data protection advocates hailed the ruling. Industry executives and trade groups, though, said the decision left a huge amount of uncertainty for big companies, many of which rely on the easy flow of data for lucrative businesses like online advertising. They called on the European Commission to complete a new safe harbor agreement with the United States, a deal that has been negotiated for more than two years and could limit the fallout from the court’s decision.
  • Some European officials and many of the big technology companies, including Facebook and Microsoft, tried to play down the impact of the ruling. The companies kept their services running, saying that other agreements with the European Union should provide an adequate legal foundation.But those other agreements are now expected to be examined and questioned by some of Europe’s national privacy watchdogs. The potential inquiries could make it hard for companies to transfer Europeans’ information overseas under the current data arrangements. And the ruling appeared to leave smaller companies with fewer legal resources vulnerable to potential privacy violations.
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  • “We can’t assume that anything is now safe,” Brian Hengesbaugh, a privacy lawyer with Baker & McKenzie in Chicago who helped to negotiate the original safe harbor agreement. “The ruling is so sweepingly broad that any mechanism used to transfer data from Europe could be under threat.”At issue is the sort of personal data that people create when they post something on Facebook or other social media; when they do web searches on Google; or when they order products or buy movies from Amazon or Apple. Such data is hugely valuable to companies, which use it in a broad range of ways, including tailoring advertisements to individuals and promoting products or services based on users’ online activities.The data-transfer ruling does not apply solely to tech companies. It also affects any organization with international operations, such as when a company has employees in more than one region and needs to transfer payroll information or allow workers to manage their employee benefits online.
  • But it was unclear how bulletproof those treaties would be under the new ruling, which cannot be appealed and went into effect immediately. Europe’s privacy watchdogs, for example, remain divided over how to police American tech companies.France and Germany, where companies like Facebook and Google have huge numbers of users and have already been subject to other privacy rulings, are among the countries that have sought more aggressive protections for their citizens’ personal data. Britain and Ireland, among others, have been supportive of Safe Harbor, and many large American tech companies have set up overseas headquarters in Ireland.
  • “For those who are willing to take on big companies, this ruling will have empowered them to act,” said Ot van Daalen, a Dutch privacy lawyer at Project Moore, who has been a vocal advocate for stricter data protection rules. The safe harbor agreement has been in place since 2000, enabling American tech companies to compile data generated by their European clients in web searches, social media posts and other online activities.
  • Paul Merrell on 06 Oct 15
     
    Another take on it from EFF: https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance Expected since the Court's Advocate General released an opinion last week, presaging today's opinion.  Very big bucks involved behind the scenes because removing U.S.-based internet companies from the scene in the E.U. would pave the way for growth of E.U.-based companies.  The way forward for the U.S. companies is even more dicey because of a case now pending in the U.S.  The Second U.S. Circuit Court of Appeals is about to decide a related case in which Microsoft was ordered by the lower court to produce email records stored on a server in Ireland. . Should the Second Circuit uphold the order and the Supreme Court deny review, then under the principles announced today by the Court in the E.U., no U.S.-based company could ever be allowed to have "possession, custody, or control" of the data of E.U. citizens. You can bet that the E.U. case will weigh heavily in the Second Circuit's deliberations.  The E.U. decision is by far and away the largest legal event yet flowing out of the Edward Snowden disclosures, tectonic in scale. Up to now, Congress has succeeded in confining all NSA reforms to apply only to U.S. citizens. But now the large U.S. internet companies, Google, Facebook, Microsoft, Dropbox, etc., face the loss of all Europe as a market. Congress *will* be forced by their lobbying power to extend privacy protections to "non-U.S. persons."  Thank you again, Edward Snowden.
Paul Merrell

Trump Plan to Gut Stream Protections Imperils Tap Water of 117 Million Americans | EWG - 0 views

www.ewg.org/...ap-water-117-million-americans

Trump-administration Clean-Water-Act navigable-waters

shared by Paul Merrell on 03 Mar 17 - No Cached
  • The Trump administration is threatening to remove safeguards that protect the drinking water of more than one-third of Americans. Some 117 million people get at least some of their drinking water from small streams.[1] For 72 million people in 1,033 counties, more than half of their drinking water comes from small streams. Ensuring that their water is safe means keeping the water in these streams clean. (See map below. Click here for a more detailed interactive map.)
  • Right now, the Clean Water Act protects these streams from pollution. But this week President Trump issued an executive order directing Environmental Protection Agency Administrator Scott Pruitt to rescind or revise the Clean Water Rule, or replace it with a new rule. This critically important rule determines which streams, rivers and lakes are protected from pollution by the Clean Water Act. The rule also extends protection for millions of acres of wetlands that filter drinking water. Industry and agribusiness have been pushing for years to roll back the Clean Water Rule and protect only the biggest streams and rivers. Now they’ve found a friend in the Trump administration. Small streams are where big rivers start, and the best science confirms that dirty streams means even dirtier rivers. Millions of Americans drink water directly connected to 234,000 miles of small, potentially unprotected streams. In 21 different states, small streams provide drinking water for 1 million or more people. (See chart below.) More than 5 million people in each New York, Texas and Pennsylvania get drinking water from small streams, as do more than 3 million in each California, Georgia, Maryland, Ohio, North Carolina and Arizona.
  • President Trump’s executive order immediately threatens drinking water for millions of Americans, but it’s not the only threat. Dozens of lawsuits seeking to gut the Clean Water Rule have been filed by industry and agribusiness, and states catering to those interests. Congress could meddle with the Clean Water Act itself to deny protection to small streams and wetlands. The Clean Water Rule is a common-sense safeguard supported by a majority of Americans. It is supported by many cities and towns that depend on unpolluted drinking water sources and natural infrastructure like wetlands to filter pollutants and absorb floodwaters. Small businesses that rely on clean water and healthy wildlife habitats, such as craft breweries and outdoor recreation companies, also strongly support the Clean Water Rule. Undermining, weakening or rescinding this vital rule is a gift to corporate polluters and Big Ag, and a threat to public health and the environment.
Gary Edwards

American Thinker: The Productive Class and the American Aristocracy - 1 views

www.americanthinker.com/...roductive_class_and_the_a.html

st-karnick ruling-class Angelo-Codevilla obammunism

shared by Gary Edwards on 25 Jul 10 - Cached
  • the ruling class and the country party.
  • In his excellent American Spectator article on "America's Ruling Class and the Perils of Revolution," Angelo Codevilla calls these two antagonistic and irreconcilable groups
  • the progressive aristocracy and the productive class.
  • ...5 more annotations...
  • they are more than just political movements and are in fact separate cultures.
  • The culture of the progressive aristocracy is devoted to statism, whereas the productive class tends to hold classical liberal values.
  • the American leaders of the past, who came from truly diverse backgrounds and held a variety of beliefs while accepting the nation's founding values.
  • progressive aristocracy is based on commitment to a set of ideas. Foremost among these is hostility toward Christianity
  • Accountability and personal responsibility -- the sine qua non of liberty and of the American experiment -- are kryptonite to the ruling class.
  • Gary Edwards on 25 Jul 10
     
    As the hostilities between the current government and the Tea Party movement have become increasingly rancorous, the division of American society into two cultures holding thoroughly incompatible worldviews has become obvious. In fact, the two forces are clearly on an unavoidable collision course. Although many people may understandably be most interested in knowing which side will prevail, I think an equally important and troubling question is precisely by what means the matter will be resolved. Will reason prevail and the people in power either have their agenda confirmed or step aside gracefully? Or will there be intransigence, increasing conflict, and even violence? I do not believe that the answer to that question is by any means obvious. In his excellent American Spectator article on "America's Ruling Class and the Perils of Revolution," Angelo Codevilla calls these two antagonistic and irreconcilable groups the ruling class and the country party. Although I agree with Codevilla's outline of the two groups, I prefer to characterize them as the progressive aristocracy and the productive class. In fact, I think that it's vitally important for those in the productive class to understand that what Codevilla calls the ruling party is an aristocracy, albeit a corrupt one. Differences in nomenclature notwithstanding, Codevilla's article is particularly useful in its lengthy descriptions of the two parties to the conflict, for they are more than just political movements and are in fact separate cultures. The culture of the progressive aristocracy is devoted to statism, whereas the productive class tends to hold classical liberal values.
Paul Merrell

Customer proprietary network information - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...roprietary_network_information

security state call-metadata 4th Amendment

shared by Paul Merrell on 06 Jan 14 - No Cached
  • Customer proprietary network information (CPNI) is the data collected by telecommunications companies about a consumer's telephone calls. It includes the time, date, duration and destination number of each call, the type of network a consumer subscribes to, and any other information that appears on the consumer's telephone bill. Telemarketers working on behalf of telephone companies, attempting to either win back a customer or upsell a customer with more services, must ask the customer's consent before accessing the billing information or before using that information to offer an upsell or any change of services. Usually this is done at the beginning of a call from the telemarketer to the telephone subscriber.
  • Note that as long as an affiliate is "communications" related, the FCC has ruled that CPNI is under an opt-out approach (can be shared without your explicit permission). A phone company is permitted to sell all information on you, such as numbers you call, when you called them, where you were when you called them, or any other personally identifying information. CPNI would normally require a warrant for law enforcement agencies, but it can be freely sold to "communications" related companies. One can verify this by checking rule 64.2007(b)(1) and footnote 137 in the 2007 CPNI order. One can call up a phone company and opt out by requesting that they do not share CPNI information. In the case of
  • The U.S. Telecommunications Act of 1996 granted the Federal Communications Commission (FCC) authority to regulate how customer proprietary network information (CPNI) can be used and to enforce related consumer information privacy provisions. The rules in the 2007 FCC CPNI Order further restrict CPNI use and create new notification and reporting requirements. The rules in the 2007 CPNI Order include: Limits the information which carriers may provide to third-party marketing firms without first securing the affirmative consent of their customers Defines when and how customer service representatives may share call details Creates new notification and reporting obligations for carriers (including identity verification procedures) Verification process must MATCH what is shown with the company placing the call.
  • ...1 more annotation...
  • The 2007 CPNI Order does not revise all CPNI rules. For example, the rule revisions adopted in the Order do not limit a carrier's ability to use CPNI to perform billing and collections functions, restrict CPNI use to effect maintenance and repair activity, or impact responses to lawful subpoenas. Fines for failure to comply with CPNI rules can be substantial. Since 2006, the FCC, focusing on one rule regarding internal annual compliance certificates, proposed over $1 million in fines and those fines are not necessarily indicative of the fines the FCC could propose. The FCC is authorized to impose fines of up to $150,000 for each rule violation or each day of a continuing violation up to a maximum of $1.5 million for each continuing violation.[1] The rules adopted in the Order are effective either six months after the Order is published in the Federal Register or on receipt of Office of Management and Budget approval of the new rules depending on which event is later. (Order at ¶61)
  • Paul Merrell on 06 Jan 14
     
    A term that may become controversial in the context of pending cases under the 4th Amendment against NSA surveillance, going to the "reasonableness" of a customer's expectation of privacy in call metadata.
Paul Merrell

NSA targets the privacy-conscious (Seite 1)| Das Erste - Panorama - Meldungen - 0 views

daserste.ndr.de/...nsa230_page-1.html

surveillance state NSA XKeyscore Tor Tails

shared by Paul Merrell on 04 Jul 14 - No Cached
  • The investigation discloses the following: Two servers in Germany - in Berlin and Nuremberg - are under surveillance by the NSA. Merely searching the web for the privacy-enhancing software tools outlined in the XKeyscore rules causes the NSA to mark and track the IP address of the person doing the search. Not only are German privacy software users tracked, but the source code shows that privacy software users worldwide are tracked by the NSA.Among the NSA's targets is the Tor network funded primarily by the US government to aid democracy advocates in authoritarian states.  The XKeyscore rules reveal that the NSA tracks all connections to a server that hosts part of an anonymous email service at the MIT Computer Science and Artificial Intelligence Laboratory (CSAIL) in Cambridge, Massachusetts. It also records details about visits to a popular internet journal for Linux operating system users called "the Linux Journal - the Original Magazine of the Linux Community", and calls it an "extremist forum".
  • Three authors of this investigation have personal and professional ties to the Tor Project, an American company mentioned within the following investigation.
  • Teil 1: NSA targets the privacy-conscious Teil 2: The Tor Project - anathema to the NSA Teil 3: Servers in Germany targeted Teil 4: Simple web searches are suspicious Teil 5: NSA: In strict accordance with the rule of law
  • ...3 more annotations...
  • von J. Appelbaum, A. Gibson, J. Goetz, V. Kabisch, L. Kampf, L. Ryge The investigation discloses the following: Two servers in Germany - in Berlin and Nuremberg - are under surveillance by the NSA. Merely searching the web for the privacy-enhancing software tools outlined in the XKeyscore rules causes the NSA to mark and track the IP address of the person doing the search. Not only are German privacy software users tracked, but the source code shows that privacy software users worldwide are tracked by the NSA.Among the NSA's targets is the Tor network funded primarily by the US government to aid democracy advocates in authoritarian states.  The XKeyscore rules reveal that the NSA tracks all connections to a server that hosts part of an anonymous email service at the MIT Computer Science and Artificial Intelligence Laboratory (CSAIL) in Cambridge, Massachusetts. It also records details about visits to a popular internet journal for Linux operating system users called "the Linux Journal - the Original Magazine of the Linux Community", and calls it an "extremist forum".
  • Downloads XKeyscore rules Read/download the XKeyscore rules here  | download
  • Yet despite these efforts, one of the servers is targeted by the NSA. The IP address 212.212.245.170 is explicitly specified in the rules of the powerful and invasive spy software program XKeyscore. The code is published here exclusively for the first time. After a year of NSA revelations based on documents that focus on program names and high-level Powerpoint presentations, NDR and WDR are revealing NSA source code that shows how these programs function and how they are implemented in Germany and around the world. Months of investigation by the German public television broadcasters NDR and WDR, drawing on exclusive access to top secret NSA source code, interviews with former NSA employees, and the review of secret documents of the German government reveal that not only is the server in Nuremberg under observation by the NSA, but so is virtually anyone who has taken an interest in several well-known privacy software systems.
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