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Gary Edwards

Dear Consultants: In Close Elections, GOTV Matters | RedState - 0 views

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    366,000 votes across four States elected Obama?   Exit polls show 65% against ObamaCare;  60% saying Government is too big and Government regulation destroying business and the economy.  62% saying the country is headed in the wrong direction.  For 72% the economy and jobs were the primary concern.  62% claim taxes too high.  And this right after they voted for another four years of Obama policies. "Take Colorado, Florida, Ohio, and Virginia, for example.  Had Romney won those states, he would be celebrating victory today.  The media would have you believe that he was trounced there.  That's not the case.   Romney lost all four states - and the presidency - by less than 400,000 votes.  He lost Colorado by 111,000, Florida by 47,000, Ohio by 100,000, and Virginia by 108,000.  That's it. Romney was locked out of the White House by about 366,000 votes. "
Gary Edwards

Romney Did Not Lose - 0 views

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    excerpt: I'm still formulating how I need to proceed in light of this new understanding, but what I know, and what I need to factor into my future calculations is the fact that we - the people who love our country and favor fiscal sanity and subscribe to the ideals of the Founders - are not outnumbered. We remain in the majority. I can't remember ever having been here. I grew up in the '60s, but served in the military rather than in Haight-Ashbury. I raised my family to be responsible and self-sufficient, just as my parents did. I guess you could say I was more or less aligned with the "establishment" of the day, even though I have for years disagreed with the trend toward more socialism and fascism. Today, the Establishment has crossed a line. They have arrayed themselves against the majority of the American people. I won't be joining them. I won't be agreeing with them. I won't be accepting their "truth." I will, instead, stand for my truth. And I suspect I am not alone. The usurpers (for I can't reasonably refer to them otherwise) are now the "establishment" even though they are really in the minority. So… that makes us… what? Well, what do you call someone who stands against the Establishment? Feels kinda odd to be in those shoes, doesn't it? Welcome to the Resistance. ......................... ...................................... Historical data on 56 previous elections indicate at least 15 to 20 million votes flipped and missing. Data available for everyone right in front of our eyes. Out of 56 presidential elections there were only 7 elections that voter turn out was down from previous elections. The combined total for all 7 elections is 13,428,613 or 0.73% out of all 56 elections generating 1,835,207,811 votes. These 7 elections had events such as war of 1812, civil war, ww2, stock market crash attached to declines in voter turn out. The average growth in all presidential elections is 2,892,573 per election. The
Gary Edwards

Why the GOP won't challenge vote fraud | Fellowship of the Minds - 0 views

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    The Consent Decree of 1982 is an agreement between the Republican and Democrat parties that prohibits the Republican party from enforcing, providing oversight, or challenging allegations of voter fraud.  The Judge who signed the Consent Decree is retired, but comes out of retirement every election year to renew the decree..... Excerpt: The RNC and DNC made their Consent Decree 30 years ago, in 1982. The agreement in effect gives a carte blanche to the Democrat Party to commit vote fraud in every voting district across America that has, in the language of the Consent Decree, "a substantial proportion of racial or ethnic populations." The term "substantial proportion" is not defined. "Guy Benson of Townhall.com points out that in last Tuesday's election, Obama only won by 406,348 votes in 4 states: Florida: 73,858 Ohio: 103,481 Virginia: 115,910 Colorado: 113,099 Those four states, with a collective margin of 406,348 votes for Obama, add up to 69 electoral votes. Had Romney won 407,000 or so additional votes in the right proportion in those states, he would have 275 electoral votes. All four states showed Romney ahead in the days leading up to the election. But on November 6, Romney lost all four states by a substantial margin, all of which have precincts that inexplicably went 99% for Obama, had voter registrations that exceeded their population, and had experienced  problems with voting machines. This election was stolen by the Democrats via vote fraud. Despite all the evidence of fraud, the Republican Party has been strangely silent about it. Now you know why." Aftermath: It doesn't matter if this "perfect candidate" has dubious Constitutional eligibility to be president. They would see to it that his original birth certificate (if there is one) would never see the light of day. The same with his other documents - his passports, school and college records, draft registration, and medical records (so we'll never know why Obama has that v
Gary Edwards

Lame Duck Congress | Americans for Prosperity - 0 views

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    Nice graphic depicting the "fiscal cliff" that our country goes over on January 1, 2013.  The looming tax hikes are through the roof, yet, all Obama and big media can talk about is raising taxes even higher.  Does it matter how fast the economy goes over the cliff?  Do we really need Obama's extra push of even higher taxes?  Amazing. The graphic is really good, but Americans for Prosperity also provides two "Take Action Today" options: ........ Concerned about Out-of-Control Spending? ........ Concerned about Congress RAISING TAXES? The trickle-down-government economics that Obama practices now needs a massive BAILOUT.  Just like with the Banksters, it will be the taxpayers who once again are FORCED to bail out Obamagov. Excerpt: "The 112th Congress's lame duck session presents several threats to economic freedom.  From billions in new and higher taxes to Congress going back on its agreement to finally reduce spending, the biggest fiscal issues are all in play right now.  Check out the links below to learn more about what's at stake and how to contact your members of Congress."
Gary Edwards

GOP Platform Rejects UN Agenda 21 as Threat to Sovereignty - 0 views

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    Too bad Romney didn't think enough of the GOP Platform to sell it to the American people.  Probably cost him the election, and us our country. "The official GOP platform approved at the Republican National Convention in Tampa included tough language rejecting the United Nations "sustainability" scheme known as Agenda 21 for the threat it represents to national sovereignty, drawing praise from conservative and Tea Party leaders across the country. The Republican Party document also rejected any form of UN global taxes and slammed a wide range of the international body's controversial programs.  In a section of the 54-page platform entitled "Sovereign American Leadership in International Organizations," the GOP noted that multilateral bodies such as the UN and NATO sometimes fail to serve the cause of peace and prosperity. As such, the U.S. government must always reserve the right to go its own way. "There can be no substitute for principled American leadership," the platform says. The UN in particular remains in "dire need of reform," Republicans said in the document, attacking the global organization's "overpaid bureaucrats," its "scandal-ridden management," and the fact that some of the world's most barbaric tyrants hold seats on the so-called "Human Rights Council." Unless and until the situation improves, the platform stated, the UN can never expect the full support of the American people. Some Republicans such as Congressman Ron Paul go further, calling for the United States to get out of the UN entirely. Some matters, however, are non-negotiable. "We strongly reject the U.N. Agenda 21 as erosive of American sovereignty, and we oppose any form of U.N. Global Tax," the platform explains. The language echoes a resolution adopted by the GOP earlier this year slamming the planetary scheme to enforce so-called "sustainable development" on the world. Since then, state and local Republican parties as well as state legisl
Paul Merrell

Mystery Sponsor Of Weapons And Money To Syrian Mercenary "Rebels" Revealed | Zero Hedge - 0 views

  • Previously, when looking at the real underlying national interests responsible for the deteriorating situation in Syria, which eventually may and/or will devolve into all out war with hundreds of thousands killed, we made it very clear that it was always and only about the gas, or gas pipelines to be exact, and specifically those involving the tiny but uber-wealthy state of Qatar. Needless to say, the official spin on events has no mention of this ulterior motive, and the popular, propaganda machine, especially from those powers supporting the Syrian "rebels" which include Israel, the US and the Arabian states tries to generate public and democratic support by portraying Assad as a brutal, chemical weapons-using dictator, in line with the tried and true script used once already in Iraq. On the other hand, there is Russia (and to a lesser extent China: for China's strategic interests in mid-east pipelines, read here), which has been portrayed as the main supporter of the "evil" Assad regime, and thus eager to preserve the status quo without a military intervention
  • However, one question that has so far remained unanswered, and a very sensitive one now that the US is on the verge of voting to arm the Syrian rebels, is who was arming said group of Al-Qaeda supported militants up until now. Now, finally, courtesy of the FT we have the (less than surprising) answer, which goes back to our original thesis, and proves that, as so often happens in the middle east, it is once again all about the natural resources. From the FT: The tiny gas-rich state of Qatar has spent as much as $3bn over the past two years supporting the rebellion in Syria, far exceeding any other government, but is now being nudged aside by Saudi Arabia as the prime source of arms to rebels.
  • Why would Qatar want to become involved in Syria where they have little invested?  A map reveals that the kingdom is a geographic prisoner in a small enclave on the Persian Gulf coast.   It relies upon the export of LNG, because it is restricted by Saudi Arabia from building pipelines to distant markets.  In 2009, the proposal of a pipeline to Europe through Saudi Arabia and Turkey to the Nabucco pipeline was considered, but Saudi Arabia that is angered by its smaller and much louder brother has blocked any overland expansion.   Already the largest LNG producer, Qatar will not increase the production of LNG.  The market is becoming glutted with eight new facilities in Australia coming online between 2014 and 2020.   A saturated North American gas market and a far more competitive Asian market leaves only Europe.  The discovery in 2009 of a new gas field near Israel, Lebanon, Cyprus, and Syria opened new possibilities to bypass the Saudi Barrier and to secure a new source of income.  Pipelines are in place already in Turkey to receive the gas.  Only Al-Assad is in the way.
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  • Qatar has proposed a gas pipeline from the Gulf to Turkey in a sign the emirate is considering a further expansion of exports from the world's biggest gasfield after it finishes an ambitious programme to more than double its capacity to produce liquefied natural gas (LNG).   "We are eager to have a gas pipeline from Qatar to Turkey," Sheikh Hamad bin Khalifa Al Thani, the ruler of Qatar, said last week, following talks with the Turkish president Abdullah Gul and the prime minister Recep Tayyip Erdogan in the western Turkish resort town of Bodrum. "We discussed this matter in the framework of co-operation in the field of energy. In this regard, a working group will be set up that will come up with concrete results in the shortest possible time," he said, according to Turkey's Anatolia news agency.   Other reports in the Turkish press said the two states were exploring the possibility of Qatar supplying gas to the strategic Nabucco pipeline project, which would transport Central Asian and Middle Eastern gas to Europe, bypassing Russia. A Qatar-to-Turkey pipeline might hook up with Nabucco at its proposed starting point in eastern Turkey. Last month, Mr Erdogan and the prime ministers of four European countries signed a transit agreement for Nabucco, clearing the way for a final investment decision next year on the EU-backed project to reduce European dependence on Russian gas.
  • Specifically, the issue at hand is the green part of the proposed pipeline: as explained above, it simply can't happen as long as Russia is alligned with Assad.
  • So there you have it: Qatar doing everything it can to promote bloodshed, death and destruction by using not Syrian rebels, but mercenaries: professional citizens who are paid handsomely to fight and kill members of the elected regime (unpopular as it may be), for what? So that the unimaginably rich emirs of Qatar can get even richer. Although it is not as if Russia is blameless: all it wants is to preserve its own strategic leverage over Europe by being the biggest external provider of natgas to the continent through its own pipelines. Should Nabucco come into existence, Gazpromia would be very, very angry and make far less money! As for the Syrian "rebels", who else is helping them? Why the US and Israel of course. And with the Muslim Brotherhood "takeover" paradigm already tested out in Egypt, it is only a matter of time.
  • Perhaps it is Putin's turn to tell John Kerry he prefer if Qatar was not "supplying assistance to Syrian mercenaries"? What is worse, and what is already known is that implicitly the US - that ever-vigilant crusader against Al Qaeda - is effectively also supporting the terrorist organization: The relegation of Qatar to second place in providing weapons follows increasing concern in the West and among other Arab states that weapons it supplies could fall into the hands of an al-Qaeda-linked group, Jabhat al-Nusrah. Yet Qatar may have bitten off more than it can chew, even with the explicit military Israeli support, and implicit from the US. Because the closer Qatar gets to establishing its own puppet state in Syria, the closer Saudi Arabia is to getting marginalized:
  • What Saudi Arabia wants is not to leave the Syrian people alone, but to install its own puppet regime so it has full liberty to dictate LNG terms to Qatar, and subsequently to Europe.
  • Sadly, when it comes to the US (and of course Israel), it does have a very hidden agenda: one that involves lying to its people about what any future intervention is all about, and the fabrication of narrative about chemical weapons and a bloody regime hell bent on massacring every man, woman and child from the "brave resistance." What they all fail to mention is that all such "rebels" are merely paid for mercenaries of the Qatari emir, whose sole interest is to accrue even more wealth even if it means the deaths of thousands of Syrians in the process. A bigger read through of the events in Syria reveals an even more complicated web: one that has Qatar facing off against Syria, with both using Syria as a pawn in a great natural resource chess game, and with Israel and the US both on the side of the petrodollars, while Russia and to a lesser extent China, form the counterbalancing axis and refuse to permit a wholesale overthrow of the local government which would unlock even more geopolitical leverage for the gulf states. Up until today, we would have thought that when push comes to shove, Russia would relent. However, with the arrival of a whole lot of submarines in Cyprus, the games just got very serious. After all the vital interests of Gazprom - perhaps the most important "company" in the world - are suddenly at stake.
Paul Merrell

I Upset My Least Favourite Big Fat Greek Minister | VICE United Kingdom - 0 views

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    High quality black humor: The inimitable Greg Palast stabs his pen through the heart of Greece's former Deputy Prime Minister in charge of economic matters at the time that Goldman Sachs sacked the Greek economy. 
Gary Edwards

Bookworm Room » Is the IRS scandal the worst political scandal in American history? I say "yes." - 0 views

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    Very powerful and well written commentary on the IRS Scandal.  A must read! "Ignore all that. The absolute worst scandal that's emerged lately, and the worst administration scandal in American history is the IRS scandal. Why? Because you, the People, became the targets of a comprehensive federal government effort to stifle dissent, one made using the government's overwhelming and disproportionate policing and taxing powers. All of the other scandals, going back to Andrew Johnson's post-Civil War scandals, Warren G. Harding's 1920s Teapot Dome scandal, Nixon's Watergate, Reagan's Iran-Contra, and Clinton's Oval Office sexcapades have actually been narrowly focused acts of cronyism, garden-variety political chicanery, or personal failings. It's been insider stuff. The IRS scandal, by contrast, is a direct attack on the American people. Right now, Progressives throughout America are pretending that this scandal doesn't matter: "Obama wasn't involved." "Tea Partiers had it coming because they're all corrupt." "Obama would have won the election anyway." "It was just a coincidence that the only groups that had their applications scrutinized, sometimes for years, were politically conservative. It means nothing that, when one group changed its name to sound Progressive, its application was approved in only three weeks." "This is just a bureaucratic snafu." "It's a few rogue agents in Ohio." Those who offer these excuses are either morally flawed themselves or delusional idiots. "
Gary Edwards

The Daily Bell - Thomas DiLorenzo: More on the Myth of Lincoln, Secession and the 'Civil War' - 1 views

  • The state cannot tell the people that it is bankrupting them and sending their sons and daughters to die by the thousands in aggressive and unconstitutional wars so that crony capitalism can be imposed at gunpoint in foreign countries, and so that the military-industrial complex can continue to rake in billions. That might risk a revolution. So instead, they have to use the happy talk of American virtue and American exceptionalism, the "god" of democracy," etc.
  • Specifically, he repeated the "All Men are Created Equal" line from the Gettysburg Address to make the case that it is somehow the duty of Americans to force "freedom" on all men and women everywhere, all around the globe, at gunpoint if need be. This is the murderous, bankrupting, imperialistic game that Lincoln mythology is used to "justify."
  • Lincoln spent his entire life in politics, from 1832 until his dying day, as a lobbyist for the American banking industry and the Northern manufacturing corporations that wanted cheaper credit funded by a government-run bank.
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  • No member of the Whig Party was more in bed with the American banking establishment than Lincoln was, according to University of Virginia historian Michael Holt in his book on the history of the American Whig party.
  • Bank of the United States
  • The Whig Party "had no platform to announce," Masters wrote, "because its principles were plunder and nothing else." Lincoln himself once said that he got ALL of his political ideas from Henry Clay, the icon and longtime leader of the Whig Party.
    • Gary Edwards
       
      Nice insult.  But watch how the interviewer responds; "Thanks for the insight".  These guys are funny!
  • I don't usually answer "when did you stop beating your wife"-type questions since they always come from people with I.Q.s in the single digits.
  • Thanks for the insights
  • War is always destructive to a nation's economy regardless of whether it wins or loses the war.
  • War is the opposite of capitalism.
  • Capitalism is a system of peaceful, mutually-advantageous exchanges at market prices based on the international division of labor.
  • War destroys the international division of labor and diverts resources from peaceful, capitalistic exchange to death and destruction.
  • However, there are always war profiteers – the people who profit from selling and financing the military. One doesn't need to invent a conspiracy theory about this: War profiteering is war profiteering and has always existed as an essential feature of all wars.
  • "American exceptionalism" did not become a tool of American imperialism until AFTER the Civil War.
  • British intellectuals like Lord Acton understood and wrote about how the result of the war would be a US government that would become more tyrannical and imperialistic.
  • Knights of the Golden Circle
  • Davis was not a dictator. He had a lot of help losing the war, especially from his generals who insisted on the Napoleonic battlefield tactics they were taught at West Point and which had become defunct because of the advent of more deadly military technology by the middle of the nineteenth century.
  • One of his biggest failures was waiting until the last year of the war to finally do what General Robert E. Lee had been arguing from the beginning – offering the slaves freedom in return for fighting with the Confederate Army in defense of their country.
  • eaceful secession is the only way out of the new slavery for the average American, and it will only happen if we have a president who is more like Gorbachev than Lincoln.
  • The union of the founders was voluntary, and several states reserved the right to withdraw from the union in the future if it became destructive of their rights. Since each state has equal rights in the union, this became true for all states.
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    Thank you Thomas DiLorenzo for having the courage to set the record straight.  IMHO, Lincoln should be remembered for freeing the slaves and standing up to the International Bankster Cartel and Wall Street.  But what he did to the USA Constitution and the Bill of Rights was an unprecedented assault on individual liberty.  Good thing the guy could write beautifully on liberty and freedom because his actions amounted to a historic assault on everything the founding fathers held near and dear. excerpt:    "confronting academic "Lincoln revisionism." "Who was Lincoln really and why have you spent so much of your career trying to return Lincoln's academic profile to reality? Thomas DiLorenzo: Lincoln mythology is the ideological cornerstone of American statism. He was in reality the most hated of all American presidents during his lifetime according to an excellent book by historian Larry Tagg entitled The Unpopular Mr. Lincoln: America's Most Reviled President. He was so hated in the North that the New York Times editorialized a wish that he would be assassinated. This is perfectly understandable: He illegally suspended Habeas Corpus and imprisoned tens of thousands of Northern political critics without due process; shut down over 300 opposition newspapers; committed treason by invading the Southern states (Article 3, Section 3 of the Constitution defines treason as "only levying war upon the states" or "giving aid and comfort to their enemies," which of course is exactly what Lincoln did). He enforced military conscription with the murder of hundreds of New York City draft protesters in 1863 and with the mass execution of deserters from his army. He deported a congressional critic (Democratic Congressman Clement Vallandigham of Ohio); confiscated firearms; and issued an arrest warrant for the Chief Justice when the jurist issued an opinion that only Congress could legally suspend Habeas Corpus. He waged an unnecessary war (all other countries ended slavery
Paul Merrell

Breedlove: No-fly zone over Syria would constitute 'act of war' - News - Stripes - 0 views

  • NAPLES, Italy — Rather than a quick and relatively painless affair, any effort to dismantle Syria’s air defenses as part of enforcing a no-fly zone would be tantamount to a declaration of war, cautioned NATO’s new military chief, Gen. Philip Breedlove. “It is quite frankly an act of war and it is not a trivial matter,” said Breedlove, NATO’s new supreme allied commanderr and head of U.S. European Command, during a recent Thursday to Naples, Italy.
  • As the debate continues about whether the U.S. and its European allies should begin to arm rebel forces in Syria and possibly impose a no-fly zone over the country to help those forces in their fight against forces loyal to President Bashar al-Assad, Breedlove cautioned that such actions also carry risks. “It would absolutely be harder than Libya,” said Breedlove, referring to NATO’s 2011 air bombardment that resulted in the ouster of longtime dictator Moammar Gadhafi. “This is a much denser, much more capable defense system than we’d faced in Libya.” While some political leaders, such as Sen. John McCain, R-Ariz., have been vocal about the need for the U.S. to arm rebel forces and support a no-fly zone, the Obama administration has so far been cautious about military involvement or sending lethal aid to rebels amid concerns that some of those fighters have ties to al-Qaida-like groups.
  • There is a widespread perception that setting up a no-fly zone is simply a matter of sending in some planes, Breedlove said. “I know it sounds stark, but what I always tell people when they talk to me about a no-fly zone is … it’s basically to start a war with that country because you are going to have to go in and kinetically take out their air defense capability,” Breedlove said. Any no-fly zone plan would be further complicated if Russia goes ahead with plans to provide Syria with advanced anti-aircraft missiles, Breedlove said. On Thursday, Assad told a Lebanese television outlet that some of Syria’s weapons contracts with Russia had been implemented, but he did not specifically mention the sophisticated S-300 anti-aircraft system. Russian media later reported that Syria would not receive the first shipment for several months.
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  • “These are some very capable systems that are being talked about,” Breedlove said. The S-300 is considered a top-of-the-line air defence system which can also be used to intercept ballistic missiles. Its automatic targeting system is reported to be capable of tracking 100 targets and engaging a dozen simultaneously at all altitudes and at ranges of up to 200 kilometers.
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    Query, whether Breedlove had authorization from the White House to make his statement that establishing a no-fly zone over Syria would constitute "an act of war?"  In the public debate over the Obama Administration's commencement of the Libyan War without Congressional authorization, the White House was adamant that creating a no fly-zone over Libya did not constitute "an act of war" in the sense of the U.S. Constitution's allocation to Congress of the power to declare war, ostensibly because no U.S. casualties were expected. (A good sound bite but a legally preposterous proposition. ) If Breedlove's statement was authorized by the White House, it would be an additional sign that the Obama Administration is back-pedaling on war with Syria because of Russian intervention to preserve the Syrian government, resulting in a strategic military stalemate.
Paul Merrell

Edward Snowden: NSA whistleblower answers reader questions | World news | guardian.co.uk - 0 views

  • The 29-year-old former NSA contractor and source of the Guardian's NSA files coverage will – with the help of Glenn Greenwald – take your questions today on why he revealed the NSA's top-secret surveillance of US citizens, the international storm that has ensued, and the uncertain future he now faces. Ask him anything.
  • I did not reveal any US operations against legitimate military targets. I pointed out where the NSA has hacked civilian infrastructure such as universities, hospitals, and private businesses because it is dangerous. These nakedly, aggressively criminal acts are wrong no matter the target. Not only that, when NSA makes a technical mistake during an exploitation operation, critical systems crash. Congress hasn't declared war on the countries - the majority of them are our allies - but without asking for public permission, NSA is running network operations against them that affect millions of innocent people. And for what? So we can have secret access to a computer in a country we're not even fighting? So we can potentially reveal a potential terrorist with the potential to kill fewer Americans than our own Police? No, the public needs to know the kinds of things a government does in its name, or the "consent of the governed" is meaningless.
  • I was debriefed by Glenn and his peers over a number of days, and not all of those conversations were recorded. The statement I made about earnings was that $200,000 was my "career high" salary. I had to take pay cuts in the course of pursuing specific work. Booz was not the most I've been paid.
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  • 1) More detail on how direct NSA's accesses are is coming, but in general, the reality is this: if an NSA, FBI, CIA, DIA, etc analyst has access to query raw SIGINT databases, they can enter and get results for anything they want. Phone number, email, user id, cell phone handset id (IMEI), and so on - it's all the same. The restrictions against this are policy based, not technically based, and can change at any time. Additionally, audits are cursory, incomplete, and easily fooled by fake justifications. For at least GCHQ, the number of audited queries is only 5% of those performed.
  • Obama's campaign promises and election gave me faith that he would lead us toward fixing the problems he outlined in his quest for votes. Many Americans felt similarly. Unfortunately, shortly after assuming power, he closed the door on investigating systemic violations of law, deepened and expanded several abusive programs, and refused to spend the political capital to end the kind of human rights violations like we see in Guantanamo, where men still sit without charge.
  • All I can say right now is the US Government is not going to be able to cover this up by jailing or murdering me. Truth is coming, and it cannot be stopped
  • NSA likes to use "domestic" as a weasel word here for a number of reasons. The reality is that due to the FISA Amendments Act and its section 702 authorities, Americans’ communications are collected and viewed on a daily basis on the certification of an analyst rather than a warrant. They excuse this as "incidental" collection, but at the end of the day, someone at NSA still has the content of your communications. Even in the event of "warranted" intercept, it's important to understand the intelligence community doesn't always deal with what you would consider a "real" warrant like a Police department would have to, the "warrant" is more of a templated form they fill out and send to a reliable judge with a rubber stamp.
  • Glenn Greenwald follow up: When you say "someone at NSA still has the content of your communications" - what do you mean? Do you mean they have a record of it, or the actual content? Both. If I target for example an email address, for example under FAA 702, and that email address sent something to you, Joe America, the analyst gets it. All of it. IPs, raw data, content, headers, attachments, everything. And it gets saved for a very long time - and can be extended further with waivers rather than warrants.
  • What are your thoughts on Google's and Facebook's denials? Do you think that they're honestly in the dark about PRISM, or do you think they're compelled to lie? Perhaps this is a better question to a lawyer like Greenwald, but: If you're presented with a secret order that you're forbidding to reveal the existence of, what will they actually do if you simply refuse to comply (without revealing the order)? Answer: Their denials went through several revisions as it become more and more clear they were misleading and included identical, specific language across companies. As a result of these disclosures and the clout of these companies, we're finally beginning to see more transparency and better details about these programs for the first time since their inception. They are legally compelled to comply and maintain their silence in regard to specifics of the program, but that does not comply them from ethical obligation. If for example Facebook, Google, Microsoft, and Apple refused to provide this cooperation with the Intelligence Community, what do you think the government would do? Shut them down?
  • Some skepticism exists about certain of your claims, including this: I, sitting at my desk, certainly had the authorities to wiretap anyone, from you, or your accountant, to a federal judge, to even the President if I had a personal email. Do you stand by that, and if so, could you elaborate? Answer: Yes, I stand by it. US Persons do enjoy limited policy protections (and again, it's important to understand that policy protection is no protection - policy is a one-way ratchet that only loosens) and one very weak technical protection - a near-the-front-end filter at our ingestion points. The filter is constantly out of date, is set at what is euphemistically referred to as the "widest allowable aperture," and can be stripped out at any time. Even with the filter, US comms get ingested, and even more so as soon as they leave the border. Your protected communications shouldn't stop being protected communications just because of the IP they're tagged with. More fundamentally, the "US Persons" protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it's only victimizing 95% of the world instead of 100%. Our founders did not write that "We hold these Truths to be self-evident, that all US Persons are created equal."
  • Edward, there is rampant speculation, outpacing facts, that you have or will provide classified US information to the Chinese or other governments in exchange for asylum. Have/will you? Answer: This is a predictable smear that I anticipated before going public, as the US media has a knee-jerk "RED CHINA!" reaction to anything involving HK or the PRC, and is intended to distract from the issue of US government misconduct. Ask yourself: if I were a Chinese spy, why wouldn't I have flown directly into Beijing? I could be living in a palace petting a phoenix by now.
  • US officials say this every time there's a public discussion that could limit their authority. US officials also provide misleading or directly false assertions about the value of these programs, as they did just recently with the Zazi case, which court documents clearly show was not unveiled by PRISM. Journalists should ask a specific question: since these programs began operation shortly after September 11th, how many terrorist attacks were prevented SOLELY by information derived from this suspicionless surveillance that could not be gained via any other source? Then ask how many individual communications were ingested to acheive that, and ask yourself if it was worth it. Bathtub falls and police officers kill more Americans than terrorism, yet we've been asked to sacrifice our most sacred rights for fear of falling victim to it. Further, it's important to bear in mind I'm being called a traitor by men like former Vice President Dick Cheney. This is a man who gave us the warrantless wiretapping scheme as a kind of atrocity warm-up on the way to deceitfully engineering a conflict that has killed over 4,400 and maimed nearly 32,000 Americans, as well as leaving over 100,000 Iraqis dead. Being called a traitor by Dick Cheney is the highest honor you can give an American, and the more panicked talk we hear from people like him, Feinstein, and King, the better off we all are. If they had taught a class on how to be the kind of citizen Dick Cheney worries about, I would have finished high school.
  • Is encrypting my email any good at defeating the NSA survelielance? Id my data protected by standard encryption? Answer: Encryption works. Properly implemented strong crypto systems are one of the few things that you can rely on. Unfortunately, endpoint security is so terrifically weak that NSA can frequently find ways around it. 
  • Binney, Drake, Kiriakou, and Manning are all examples of how overly-harsh responses to public-interest whistle-blowing only escalate the scale, scope, and skill involved in future disclosures. Citizens with a conscience are not going to ignore wrong-doing simply because they'll be destroyed for it: the conscience forbids it. Instead, these draconian responses simply build better whistleblowers. If the Obama administration responds with an even harsher hand against me, they can be assured that they'll soon find themselves facing an equally harsh public response. This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. 
  • What would you say to others who are in a position to leak classified information that could improve public understanding of the intelligence apparatus of the USA and its effect on civil liberties?
  • This country is worth dying for.
  • My question: given the enormity of what you are facing now in terms of repercussions, can you describe the exact moment when you knew you absolutely were going to do this, no matter the fallout, and what it now feels like to be living in a post-revelation world? Or was it a series of moments that culminated in action? I think it might help other people contemplating becoming whistleblowers if they knew what the ah-ha moment was like. Again, thanks for your courage and heroism. Answer: I imagine everyone's experience is different, but for me, there was no single moment. It was seeing a continuing litany of lies from senior officials to Congress - and therefore the American people - and the realization that that Congress, specifically the Gang of Eight, wholly supported the lies that compelled me to act. Seeing someone in the position of James Clapper - the Director of National Intelligence - baldly lying to the public without repercussion is the evidence of a subverted democracy. The consent of the governed is not consent if it is not informed.
  • Regarding whether you have secretly given classified information to the Chinese government, some are saying you didn't answer clearly - can you give a flat no? Answer: No. I have had no contact with the Chinese government. Just like with the Guardian and the Washington Post, I only work with journalists.
  • So far are things going the way you thought they would regarding a public debate? – tikkamasala Answer: Initially I was very encouraged. Unfortunately, the mainstream media now seems far more interested in what I said when I was 17 or what my girlfriend looks like rather than, say, the largest program of suspicionless surveillance in human history.
  • Thanks to everyone for their support, and remember that just because you are not the target of a surveillance program does not make it okay. The US Person / foreigner distinction is not a reasonable substitute for individualized suspicion, and is only applied to improve support for the program. This is the precise reason that NSA provides Congress with a special immunity to its surveillance.
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    I particularly liked this Snowden observation as an idea for a constitutional amendment: "This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. " Repeal of the State Secrets privilege would require a constitutional amendment because the Supreme Court decided back when that it is inherent in the President's power as commander in chief of the military forces. In other words, neither Congress nor the courts can second-guess such claims, a huge contributing factor in the over-classification of government records when the real reason is to protect bureaucrats from embarrassment, civil rights suits, and criminal prosecution. It is no accident that we have an Executive Branch that is out-of-control, waging dictatorial powers under the protection of the State Secrets privilege. 
Gary Edwards

» 21 Facts About NSA Snooping That Every American Should Know Alex Jones' Infowars: There's a war on for your mind! - 0 views

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    NSA-PRISM-Echelon in a nutshell.  The list below is a short sample.  Each fact is documented, and well worth the time reading. "The following are 21 facts about NSA snooping that every American should know…" #1 According to CNET, the NSA told Congress during a recent classified briefing that it does not need court authorization to listen to domestic phone calls… #2 According to U.S. Representative Loretta Sanchez, members of Congress learned "significantly more than what is out in the media today" about NSA snooping during that classified briefing. #3 The content of all of our phone calls is being recorded and stored.  The following is a from a transcript of an exchange between Erin Burnett of CNN and former FBI counterterrorism agent Tim Clemente which took place just last month… #4 The chief technology officer at the CIA, Gus Hunt, made the following statement back in March… "We fundamentally try to collect everything and hang onto it forever." #5 During a Senate Judiciary Oversight Committee hearing in March 2011, FBI Director Robert Mueller admitted that the intelligence community has the ability to access emails "as they come in"… #6 Back in 2007, Director of National Intelligence Michael McConnell told Congress that the president has the "constitutional authority" to authorize domestic spying without warrants no matter when the law says. #7 The Director Of National Intelligence James Clapper recently told Congress that the NSA was not collecting any information about American citizens.  When the media confronted him about his lie, he explained that he "responded in what I thought was the most truthful, or least untruthful manner". #8 The Washington Post is reporting that the NSA has four primary data collection systems… MAINWAY, MARINA, METADATA, PRISM #9 The NSA knows pretty much everything that you are doing on the Internet.  The following is a short excerpt from a recent Yahoo article… #10 The NSA is suppose
Gary Edwards

Sworn Declaration of Whistleblower William Binney on NSA Domestic Surveillance Capabilities | Public Intelligence - 0 views

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    "Sworn Declaration of Whistleblower William Binney on NSA Domestic Surveillance Capabilities July 16, 2012 in National Security Agency The following sworn declaration of William Binney, a former employee of the NSA and specialist in traffic analysis, was filed July 2, 2012 in support of the Electronic Frontier Foundation's case against the National Security Agency (Jewel v. NSA) regarding their illegal domestic surveillance programs which, according to Binney "are consistent, as a mathematical matter, with seizing both the routing information and the contents of all electronic communications" inside the U.S.  Thanks to Jacob Appelbaum for originally drawing attention to the declaration." DECLARATION OF WILLIAM E. BINNEY IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT REJECTING THE GOVERNMENT DEFENDANTS' STATE SECRET DEFENSE
Paul Merrell

Secret to Prism program: Even bigger data seizure - 0 views

  • The revelation of Prism this month by the Washington Post and Guardian newspapers has touched off the latest round in a decade-long debate over what limits to impose on government eavesdropping, which the Obama administration says is essential to keep the nation safe. But interviews with more than a dozen current and former government and technology officials and outside experts show that, while Prism has attracted the recent attention, the program actually is a relatively small part of a much more expansive and intrusive eavesdropping effort. Americans who disapprove of the government reading their emails have more to worry about from a different and larger NSA effort that snatches data as it passes through the fiber optic cables that make up the Internet's backbone. That program, which has been known for years, copies Internet traffic as it enters and leaves the United States, then routes it to the NSA for analysis.
  • Whether by clever choice or coincidence, Prism appears to do what its name suggests. Like a triangular piece of glass, Prism takes large beams of data and helps the government find discrete, manageable strands of information. The fact that it is productive is not surprising; documents show it is one of the major sources for what ends up in the president's daily briefing. Prism makes sense of the cacophony of the Internet's raw feed. It provides the government with names, addresses, conversation histories and entire archives of email inboxes.
  • The NSA is prohibited from spying on Americans or anyone inside the United States. That's the FBI's job and it requires a warrant. Despite that prohibition, shortly after the Sept. 11 terrorist attacks, President George W. Bush secretly authorized the NSA to plug into the fiber optic cables that enter and leave the United States, knowing it would give the government unprecedented, warrantless access to Americans' private conversations. Tapping into those cables allows the NSA access to monitor emails, telephone calls, video chats, websites, bank transactions and more. It takes powerful computers to decrypt, store and analyze all this information, but the information is all there, zipping by at the speed of light. "You have to assume everything is being collected," said Bruce Schneier, who has been studying and writing about cryptography and computer security for two decades. The New York Times disclosed the existence of this effort in 2005. In 2006, former AT&T technician Mark Klein revealed that the company had allowed the NSA to install a computer at its San Francisco switching center, a key hub for fiber optic cables.
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  • Many of the people interviewed for this report insisted on anonymity because they were not authorized to publicly discuss a classified, continuing effort. But those interviews, along with public statements and the few public documents available, show there are two vital components to Prism's success. The first is how the government works closely with the companies that keep people perpetually connected to each other and the world. That story line has attracted the most attention so far. The second and far murkier one is how Prism fits into a larger U.S. wiretapping program in place for years.
  • The government has said it minimizes all conversations and emails involving Americans. Exactly what that means remains classified. But former U.S. officials familiar with the process say it allows the government to keep the information as long as it is labeled as belonging to an American and stored in a special, restricted part of a computer. That means Americans' personal emails can live in government computers, but analysts can't access, read or listen to them unless the emails become relevant to a national security investigation. The government doesn't automatically delete the data, officials said, because an email or phone conversation that seems innocuous today might be significant a year from now. What's unclear to the public is how long the government keeps the data. That is significant because the U.S. someday will have a new enemy. Two decades from now, the government could have a trove of American emails and phone records it can tap to investigative whatever Congress declares a threat to national security.
  • The Bush administration shut down its warrantless wiretapping program in 2007 but endorsed a new law, the Protect America Act, which allowed the wiretapping to continue with changes: The NSA generally would have to explain its techniques and targets to a secret court in Washington, but individual warrants would not be required. Congress approved it, with Sen. Barack Obama, D-Ill., in the midst of a campaign for president, voting against it.
  • That's one example of how emails belonging to Americans can become swept up in the hunt. In that way, Prism helps justify specific, potentially personal searches. But it's the broader operation on the Internet fiber optics cables that actually captures the data, experts agree. "I'm much more frightened and concerned about real-time monitoring on the Internet backbone," said Wolf Ruzicka, CEO of EastBanc Technologies, a Washington software company. "I cannot think of anything, outside of a face-to-face conversation, that they could not have access to."
  • When the Protect America Act made warrantless wiretapping legal, lawyers and executives at major technology companies knew what was about to happen.
  • For years, the companies had been handling requests from the FBI. Now Congress had given the NSA the authority to take information without warrants. Though the companies didn't know it, the passage of the Protect America Act gave birth to a top-secret NSA program, officially called US-98XN. It was known as Prism. Though many details are still unknown, it worked like this:
  • Facebook said it received between 9,000 and 10,000 requests for data from all government agencies in the second half of last year. The social media company said fewer than 19,000 users were targeted.
  • Every company involved denied the most sensational assertion in the Prism documents: that the NSA pulled data "directly from the servers" of Microsoft, Yahoo, Google, Facebook, AOL and more. Technology experts and a former government official say that phrasing, taken from a PowerPoint slide describing the program, was likely meant to differentiate Prism's neatly organized, company-provided data from the unstructured information snatched out of the Internet's major pipelines. In slide made public by the newspapers, NSA analysts were encouraged to use data coming from both Prism and from the fiber-optic cables. Prism, as its name suggests, helps narrow and focus the stream. If eavesdroppers spot a suspicious email among the torrent of data pouring into the United States, analysts can use information from Internet companies to pinpoint the user. With Prism, the government gets a user's entire email inbox. Every email, including contacts with American citizens, becomes government property. Once the NSA has an inbox, it can search its huge archives for information about everyone with whom the target communicated. All those people can be investigated, too.
  • What followed was the most significant debate over domestic surveillance since the 1975 Church Committee, a special Senate committee led by Sen. Frank Church, D-Idaho, reined in the CIA and FBI for spying on Americans. Unlike the recent debate over Prism, however, there were no visual aids, no easy-to-follow charts explaining that the government was sweeping up millions of emails and listening to phone calls of people accused of no wrongdoing.
  • A few months after Obama took office in 2009, the surveillance debate reignited in Congress because the NSA had crossed the line. Eavesdroppers, it turned out, had been using their warrantless wiretap authority to intercept far more emails and phone calls of Americans than they were supposed to. Obama, no longer opposed to the wiretapping, made unspecified changes to the process. The government said the problems were fixed.
  • Schneier, the author and security expert, said it doesn't really matter how Prism works, technically. Just assume the government collects everything, he said. He said it doesn't matter what the government and the companies say, either. It's spycraft, after all. "Everyone is playing word games," he said. "No one is telling the truth."
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    Associated Press is now doing its job with a masterful overview of NSA capabilities, discussing how NSA scoops up all "backbone" telecommunications, then uses PRISM to narrow down the specific communications they decide to look at. This one is a "must read" article if you're interested in the NSA scandal. It ties a lot of the pieces together.  
Paul Merrell

Asia Times Online :: See you on the dark side - 0 views

  • But then there's the mantra PRISM has been essential to foil major terrorist plots; that has been thoroughly debunked. [4] What is never acknowledged is that PRISM is TIA in action. Anyone - with the right clearance - may use TIA to amass serious inside financial information and make staggering profits. So yes, follow the money.
  • Snowden is surfing the PR tsunami as a master - and controlling it all the way. Yes, you do learn a thing or two at the CIA. The timing of the disclosure was a beauty; it handed Beijing the ultimate gift just as President Obama was corralling President Xi Jinping in the California summit about cyber war. As David Lindorff nailed it, [5] now Beijing simply cannot let Snowden hang dry. It's culture; it's a matter of not losing face. And then Snowden even doubled down - revealing the obvious; as much as Beijing, if not more, Washington hacks as hell. [6] Following the money, the security privatization racket and Snowden's moves - all at the same time - allows for a wealth of savory scenarios ... starting with selected players embedded in the NSA-centric Matrix node making a financial killing with inside information. Snowden did not expose anything that was not already known - or at least suspected - since 2002. So it's business as usual for those running the game. The only difference is the (Digital Blackwater) Big Brother is Watching You ethos is now in the open. TIA, a bunch of wealthy investors and a sound business plan - privatized Full Spectrum Dominance - all remain in play. From now on, it's just a matter of carefully, gradually guiding US public opinion to fully "normalize" TIA. After all, we're making all these sacrifices to protect you.
Gary Edwards

100th Anniversary of the Beginning of the End? (Part 1) - The Patriot Post - 1 views

  • I take the Oath of John Galt and put action to it: "I swear by my life and my love of it, that I will never live for the sake of another person, nor ask another to live their life for me."
  • In this dark day of the former republic, I stand in Resistance to the premier means of acquisition by the State, the Income Tax.
  • "They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." (Ben Franklin)
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  • "A Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever." (John Adams)
  • "Our cause is noble; it is the cause of mankind!" (George Washington)
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    Excellent history of how America lost it's Constitutional Republic.  The author tags the first progressive (marxist/socialist) President, Woodrow Wilson, as the culprit.  In 1913 Wilson shoved through the 16th and 17th Amendments.  He also pushed through the midnight express known as the Federal Reserve.  And as if that was not enough damage, he pushed for the "League of Nations" - a precursor to the present day United Nations Globalist New World Order. Oh yeah, the first progressive president also jacked us into humanities first World War. Wilson was a Manchurian stooge for the Globalist Rothschild Banksters, and the USA Bankster contingent led by Rockefeller, Morgan and Carnegie.   Note that in the election of 1896, the Banksters banked the corporatist McKinley against the GOLD standard populist, William Jennings Bryan.  McKinley was assassinated in 1901, and his VP, Teddy Roosevelt, became President.  Roosevelt successfully went after the Robber Bankster Barons; Rockefeller, Carnegie and Morgan, passing the Sherman Anti Trust laws and bringing the criminal corporations to trial.  This set the stage for the Bankster coup in 1913, where, with the election of Wilson the Banksters ended the great Consttitutional Republic and ushered in a century of ever encroaching socialist tyranny. ........................... excerpt: "One hundred years ago, our federal government, under control of the progressive Woodrow Wilson, took actions that have since become a disaster for these United States. Looking back, these actions were the beginning of what could be the end of our Constitutional Republic. With progressives in control in 2013, similar actions are underway that could complete a sinister view by progressives then and now to "transform" us into something our Founders never intended, and most Americans through the years never wanted and still don't. In 1913 our Constitution was amended by the ratification of two amendments, the Sixteenth and Seventeenth, an
Gary Edwards

Why There May Be a Lot Less Gold than We Realize | Casey Research - 0 views

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    Wow!  The USA (Federal Reserve and Treasury) is unable to account for 4,500 tonnes of GOLD that they claim to have "imported".  To make matters worse, both the Treasury and the Federal Reserve are claiming the same 8,000 tonnes of GOLD reserves as an asset.  This story demands watching; especially as the rest of the world catches on. bottom line: We are being lied to.  Again. excerpt: "Exactly How Much Gold Do We Have? There's growing concern that a lot of official gold has been leased out into the market and that sooner or later, as happened back in the late 1990s, one or more parties, perhaps bullion banks or a metals exchange, would run into difficulty trying to meet a physical gold delivery commitment. For a short video on the mechanics of gold leasing, click here. If a lot of gold has been leased out, someday it will have to be rebought, and difficulties may emerge if the gold cannot be rebought in sufficient quantities without creating mayhem within the financial system by causing a very large hike in the price of gold. Important: The amounts of gold leased by central banks is a very closely guarded secret, and we do not have direct information on them, which means we have to try and back-calculate these amounts by other means. A recent and thought-provoking study regarding gold leasing was done by Sprott Asset Management in March. After accounting for all known flows of gold into and out of the US over the past 22 years, the Sprott team arrived at a figure of nearly 4,500 tonnes of gold that cannot be accounted for. Here's the summary flow chart:"
Gary Edwards

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

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

A few facts to tighten your sphincters. | The Rugged Individualist - 0 views

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    Good post from Roy Filly collecting the facts about our out-of-control federal spending problem.   "What stunned House Speaker John Boehner more than anything else during his prolonged closed-door budget negotiations with Barack Obama was this revelation: "At one point several weeks ago," Mr. Boehner says, "the president said to me, 'We don't have a spending problem.' " [...] The president's insistence that Washington doesn't have a spending problem, Mr. Boehner says, is predicated on the belief that massive federal deficits stem from what Mr. Obama called "a health-care problem." Mr. Boehner says that after he recovered from his astonishment-"They blame all of the fiscal woes on our health-care system"-he replied: "Clearly we have a health-care problem, which is about to get worse with ObamaCare. But, Mr. President, we have a very serious spending problem." He repeated this message so often, he says, that toward the end of the negotiations, the president became irritated and said: "I'm getting tired of hearing you say that." We had a spirited argument a few posts ago about who was at fault for our annual trillion dollar deficits. I stopped arguing because it became clear to me, at least, that it doesn't matter who is at fault. We are spending much more over the past 10 years (and my chart only goes to 2010). As of December, our federal government borrowed 46 cents of every dollar it has spent so far in fiscal 2013. Blame whomever you like. No nation can survive with a fiscal plan that calls for such massive spending. Blame Bush, if that makes you feel better, but our Chief Executive Officer is Barack Hussein Obama and it is his job to solve the problem, not kick the can down the road. We are out of road. When our CEO states that "we don't have a spending problem" as I look at the chart above it does not inspire confidence."
Paul Merrell

What the Third Circuit Said in Hassan v. City of New York | Just Security - 0 views

  • In Hassan v. City of New York, the Third Circuit yesterday emphatically overturned a New Jersey district court, which had dismissed a challenge to the New York City Police Department’s Muslim surveillance program. The decision is important not only for the New Jersey plaintiffs who brought the case, but also for its analysis of several legal issues that have dogged efforts to obtain judicial review of surveillance programs.
  • The threshold issue in Hassan was whether the plaintiffs had alleged injury sufficient to establish standing to bring claims that the NYPD’s surveillance of Muslim communities in New Jersey violated the equal protection clause of the Fourteenth Amendment as well as the free exercise and establishment clauses of the First Amendment. The Third Circuit ruled that the fundamental injury alleged by the plaintiffs — unequal treatment on the basis of religion — was sufficient to keep them in court. The court rejected as “too cramped,” the City’s contention that discrimination is only actionable when it results in deprivation of “a tangible benefit like college admission or Social Security.”
  • One of the most remarkable aspects of the lower court’s dismissal of Hassan was its acceptance of the City’s argument that any injury to the plaintiffs was not fairly traceable to the police. Rather, defendants argued, it was the fault of the Associated Press, which published a Pulitzer Prize-winning investigation of the NYPD’s surveillance of Muslim communities in New York and New Jersey. The court described this position — variants of which have been articulated in the wake of Snowden’s disclosures as well — as “What you don’t know can’t hurt you. And, if you do know, don’t shoot us. Shoot the messenger.” The Third Circuit wasn’t buying it. The primary injury alleged was discrimination, which was caused by the City, not than the press.
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  • Next up was the lower court’s dismissal of the case on the grounds that the plaintiffs had failed to state a claim. The plaintiffs had alleged that the NYPD’s surveillance program was facially discriminatory because it targeted Muslims. In response, the City had demanded information about “when, by whom, and how the policy was enacted and where it was written down.” But the court found the plaintiffs had met their burden, alleging specifics about the program “including when it was conceived (January 2002), where the City implemented it (in the New York Metropolitan area with a focus on New Jersey), and why it has been employed because of the belief ‘that Muslim religious identity … is a permissible proxy for criminality.’” In other words, the plaintiffs had sufficiently alleged a facially discriminatory policy even when they couldn’t identify a piece of paper on which it was memorialized. For civil rights lawyers concerned that cases like Iqbal and Twombly are closing off avenues for civil rights litigation, the Third Circuit holding provides some comfort. A key issue in the case was the NYPD’s intent in monitoring Muslims. The City had successfully argued below that it “could not have monitored New Jersey for Muslim terrorist activities without monitoring the Muslim community itself.” Its motive, the City argued, was counterterrorism, not treating Muslims differently. The problem with this argument, the Third Circuit explained, was that the City was mixing up “intent” and “motive.” The intent inquiry focuses on whether a person acts intentionally rather than accidentally, while the motive inquiry focuses on why a person acts. “[E]ven if NYPD officers were subjectively motivated by a legitimate law enforcement purpose … they’ve intentionally discriminated if they wouldn’t have surveilled Plaintiffs had they not been Muslim,” the court concluded.
  • The court then turned to whether, assuming differential treatment, the NYPD program was nevertheless justified on security or public safety grounds. It began its inquiry by examining the appropriate standard of review, concluding that it was appropriate to apply heightened scrutiny to religion-based classifications under the equal protection clause rather than simply to examine whether the City had a rational basis for its actions. Even though religious affiliation, unlike race, is capable of being changed, the Third Circuit agreed with many of its sister courts that it was of such fundamental importance that people should not be required to change their faith.
  • New York City had argued that the surveillance program met the heightened scrutiny standard because it was necessary to meet the threat of terrorism. In support, the City put forward its oft-repeated argument that a “comprehensive understanding of the makeup of the community would help the NYPD figure out where to look — and where not to look — in the event it received information that an Islamist radicalized to violence may be secreting himself in New Jersey.” The court was not convinced that this was a sufficiently close fit with the goal, finding that the City failed to meet its burden of rebutting the presumption of unconstitutionality created by plausible allegation of discrimination. Harking back to the World War II internment of Japanese Americans
  • the Third Circuit cautioned: No matter how tempting it might be to do otherwise, we must apply the same rigorous standards even where national security is at stake. We have learned from experience that it is often where the asserted interest appears most compelling that we must be most vigilant in protecting constitutional rights … Given that “unconditional deference to [the] government[’s] … invocation of ‘emergency’ … has a lamentable place in our history,” the past should not preface yet again bending our constitutional principles merely because an interest in national security is invoked.
  • Lastly, the Third Circuit rejected as “threadbare” the City’s argument that plaintiffs First Amendment free exercise and establishment clause claims failed because they did not allege “overt hostility and prejudice.” As with the equal protection claims, it was not necessary for plaintiffs to demonstrate animus. *     *     * In conclusion, the court reminded us that the targeting of Muslims, which has been a leitmotif of US security policy, was not new. We have been down similar roads before. Jewish-Americans during the Red Scare, African Americans during the Civil Rights Movement, and Japanese-Americans during World War II are examples that readily spring to mind. We are left to wonder why we cannot see with foresight what we see so clearly with hindsight — that “[l]oyalty is a matter of the heart and mind[,] not race, creed, or color.”
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