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American People Leaving Both Democratic and Republican Parties In Search of A Party With Principles and Leaders With Integrity and Defenders of The United States Constitution — A New Direction For America — Videos

Posted on May 23, 2015. Filed under: American History, Articles, Babies, Banking, Blogroll, British History, Business, Communications, Constitution, Corruption, Crime, Crisis, Demographics, Documentary, Economics, Education, Employment, European History, Faith, Family, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, Fraud, Freedom, Friends, government, government spending, Health Care, history, Inflation, Investments, Law, liberty, Life, Links, Literacy, Macroeconomics, media, Monetary Policy, Money, Music, Natural Gas, Obamacare, Oil, People, Philosophy, Politics, Press, Programming, Psychology, Radio, Regulations, Religious, Resources, Science, Security, Speech, Strategy, Talk Radio, Tax Policy, Taxes, Video, War, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 470 May 22, 2015

Pronk Pops Show 469 May 21, 2015

Pronk Pops Show 468 May 20, 2015 

Pronk Pops Show 467 May 19, 2015

Pronk Pops Show 466 May 18, 2015

Pronk Pops Show 465 May 15, 2015

Pronk Pops Show 464 May 14, 2015

Pronk Pops Show 463 May 13, 2015

Pronk Pops Show 462 May 8, 2015

Pronk Pops Show 461 May 7, 2015

Pronk Pops Show 460 May 6, 2015

Pronk Pops Show 459 May 4, 2015 

Pronk Pops Show 458 May 1, 2015 

Pronk Pops Show 457 April 30, 2015 

Pronk Pops Show 456: April 29, 2015 

Pronk Pops Show 455: April 28, 2015

Pronk Pops Show 454: April 27, 2015

Pronk Pops Show 453: April 24, 2015

Pronk Pops Show 452: April 23, 2015 

Pronk Pops Show 451: April 22, 2015

Pronk Pops Show 450: April 21, 2015

Pronk Pops Show 449: April 20, 2015

Pronk Pops Show 448: April 17, 2015

Pronk Pops Show 447: April 16, 2015

Pronk Pops Show 446: April 15, 2015

Pronk Pops Show 445: April 14, 2015

Pronk Pops Show 444: April 13, 2015

Pronk Pops Show 443: April 9, 2015

Pronk Pops Show 442: April 8, 2015

Pronk Pops Show 441: April 6, 2015

Pronk Pops Show 440: April 2, 2015

Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Story 1: American People Leaving Both Democratic and Republican Parties In Search of A Party With Principles and Leaders With Integrity and Defenders of The United States Constitution — A New Direction For America — Videos

Five Finger Death Punch – Wrong Side Of Heaven

[

Gallup: Partisan split at historic level

Gallup Poll: Americans Overwhelmingly Want GOP Congress to Set Country’s Agenda, Not Obama

Most Political Independents Ever In USA

How Are Conservative And Liberal Brains Different?

Poll Record High 42 Percent Americans Identify As Independents

Against the USA, Naked Communist Conspiracy Is Unfolding, NWO

1.U.S. acceptance of coexistence as the only alternative to atomic war.
2.U.S. willingness to capitulate in preference to engaging in atomic war.
3.Develop the illusion that total disarmament by the United States would be a demonstration of moral strength.
4.Permit free trade between all nations regardless of Communist affiliation
5.Extension of long-term loans to Russia & satellites.
6.Provide American aid to all nations regardless
7.Grant recognition of Red China. Admission of Red China to the U.N.
8.Set up East and West Germany as separate states under supervision of the U.N.
9.Prolong the conferences to ban atomic tests because the U.S. has agreed to suspend tests as long as negotiations are in progress.
10.Allow all Soviet satellites individual representation in the U.N.
11.Promote the U.N. as the only hope for mankind. Demand that it be set up as a one-world government with its own independent armed forces.
12.Resist any attempt to outlaw the Communist Party.
13.Do away with all loyalty oaths.
14.Continue giving Russia access to the U.S. Patent Office.
15.Capture one or both of the political parties.
16.Use technical decisions of the courts to weaken by claiming their activities violate civil rights.
17.Get control of the schools. Promote Communist propaganda. Soften the curriculum. Get control of teachers’ associations.
18.Gain control of all student newspapers.
19.Use student riots to foment public protests against programs or organizations which are under Communist attack.
20.Infiltrate the press. Get control of book-review assignments, editorial writing, policymaking positions.
21.Gain control of key positions in radio, TV, and motion pictures.
22.Continue discrediting American culture by degrading all forms of artistic expression. “eliminate all good sculpture from parks and buildings, substitute shapeless, awkward and meaningless forms.”
23.Control art critics and directors of art museums.
24.Eliminate all laws governing obscenity by calling them “censorship” and a violation of free speech.
25.Break down cultural standards of morality by promoting pornography and obscenity 26.Present homosexuality, degeneracy and promiscuity as “normal, natural, healthy.”
27.Infiltrate the churches and replace revealed religion with “social” religion. Discredit the Bible as a “religious crutch.”
28.Eliminate prayer or religious expression in the schools
29.Discredit the American Constitution by calling it inadequate, old-fashioned, a hindrance to cooperation between nations on a worldwide basis.
30.Discredit the American Founding Fathers.
31.Belittle all forms of American culture and discourage the teaching of American history
32.Support any socialist movement to give centralized control over any part of the culture; education, social agencies, welfare programs, mental health clinics, etc.
33.Eliminate all laws or procedures which interfere with the operation of communism
34.Eliminate the House Committee on Un-American Activities.
35.Discredit and eventually dismantle the FBI.
36.Infiltrate and gain control of more unions.
37.Infiltrate and gain control of big business.
38.Transfer some of the powers of arrest from the police to social agencies. Treat all behavioral problems as psychiatric disorders which no one but psychiatrists can understand or treat.
39.Dominate the psychiatric profession and use mental health laws as a means of gaining coercive control over those who oppose Communist goals.
40.Discredit the family. Encourage promiscuity, masturbation, easy divorce.
41.Emphasize the need to raise children away from the negative influence of parents. Attribute prejudices, mental blocks and retarding to suppressive influence of parents.
42.Create the impression that violence and insurrection are legitimate aspects of the American tradition; that students and special-interest groups should rise up and use “united force” to solve economic, political or social problems.
43.Overthrow all colonial governments before natives are ready for self-government.
44.Internationalize the Panama Canal.
45.Repeal the Connally reservation so the United States cannot prevent the World Court from seizing jurisdiction over domestic problems and individuals alike.

Mind Control, Psychology of Brainwashing, Sex & Hypnosis

Fit vs. UnFit, Eugenics, Planned Parenthood & Psychology, Mind Control Report

Yuri Bezmenov: Psychological Warfare Subversion & Control of Western Society

The Subversion Factor, Part 1: Moles In High Places

The Subversion Factor, Part 2: The Open Gates of Troy

G. Edward Griffin – The Collectivist Conspiracy

youtube=https://www.youtube.com/watch?v=jAdu0N1-tvU]

The Quigley Formula – G. Edward Griffin lecture

Robert Welch in 1974 reveals NWO

Robert Welch Speaks: A Touch of Sanity (1965)

Robert Welch Speaks: In One Generation (1974)

CORPORATE FASCISM: The Destruction of America’s Middle Class

CULTURAL MARXISM: The Corruption of America

Countdown to Financial Collapse – A Conversation with G. Edward Griffin

WRCFresnoTV — G. Edward Griffin — The Federal Reserve, Taxes, The I.R.S. & Solutions

Rammstein “We’re all living in America” (HD) English Subtitle

Series Id:           LNS14000000
Seasonally Adjusted
Series title:        (Seas) Unemployment Rate
Labor force status:  Unemployment rate
Type of data:        Percent or rate
Age:                 16 years and over

Series Id:           LNS13327709
Seasonally Adjusted
Series title:        (seas) Total unemployed, plus all marginally attached workers plus total employed part time for economic reasons, as a percent of all civilian labor force plus all marginally attached workers
Labor force status:  Aggregated totals unemployed
Type of data:        Percent or rate
Age:                 16 years and over
Percent/rates:       Unemployed and mrg attached and pt for econ reas as percent of labor force plus marg attached

Series Id:           LNS11300000
Seasonally Adjusted
Series title:        (Seas) Labor Force Participation Rate
Labor force status:  Civilian labor force participation rate
Type of data:        Percent or rate
Age:                 16 years and over

Series Id:           LNS12000000
Seasonally Adjusted
Series title:        (Seas) Employment Level
Labor force status:  Employed
Type of data:        Number in thousands
Age:                 16 years and over

Series Id:           LNS13000000
Seasonally Adjusted
Series title:        (Seas) Unemployment Level
Labor force status:  Unemployed
Type of data:        Number in thousands
Age:                 16 years and over

Series Id:           LNS15000000
Seasonally Adjusted
Series title:        (Seas) Not in Labor Force
Labor force status:  Not in labor force
Type of data:        Number in thousands
Age:                 16 years and over

WASHINGTON, D.C. — After reaching a more than two-year high in early 2015, Americans’ satisfaction with the direction of the U.S. continues to fall. Twenty-six percent of Americans say they are satisfied with the way things are going in the nation in May, down slightly from 32% in January and February.

Satisfaction With the Direction of the U.S.

The latest data are from Gallup’s May 6-10 poll.

Satisfaction jumped nine points in January to 32%, a promising sign that Americans’ moods were improving after a year of lower figures throughout 2014, ranging between 20% and 27%. Since February, though, satisfaction has dipped only slightly each month, but these small drops have resulted in a six-point decline since the beginning of the year. Satisfaction remains below the 36% historical average for Gallup’s trend dating back to 1979.

The drop in Americans’ satisfaction with the way things are going parallels the recent decline in economic confidence. Americans had a more positive outlook on the economy at the dawn of 2015, but these views, like satisfaction, have edged down in recent months.

Satisfaction With the Direction of the U.S. vs. Economic Confidence

Views of the nation’s direction have certainly been brighter in the past. Majorities of Americans were typically satisfied with the direction of the U.S. between 1998 and mid-2002 — including a record high of 71% in February 1999. But satisfaction declined steadily in the latter half of President George W. Bush’s presidency as the public grew disillusioned with the war in Iraq and the national economy suffered. This dip in satisfaction culminated in 7% of Americans, a record low, saying they were satisfied with the direction of the nation in October 2008 as the global economy collapsed and the U.S. stock market plummeted.

Satisfaction improved significantly during the first year of President Barack Obama’s term — reaching 36% in August 2009. It has not returned to that level since, ranging between 11% and 33% throughout Obama’s time in office.

Americans Still List Economy, Gov’t and Unemployment as Top Problems

Though the 14% of Americans who name dissatisfaction with government, Congress and politicians as the top problem facing the U.S. has fallen five points since April, it still remains the most commonly mentioned problem — a distinction it has held for six months.

The economy in general (12%) and unemployment (10%) have remained at the top of the list for several years. But mentions of these issues are down significantly from their recent peaks — the economy reached a high of 37% in 2012, and unemployment reached a high of 39% in 2011.

Trends in Top

Race relations and racism (8%), immigration (6%), a decline in moral, religious and family ethics (6%), the state of the healthcare system (5%) and terrorism (5%) were also among the most frequently cited problems facing the nation.

Most Commonly Named Problems in April 2015 vs. May 2015

Bottom Line

After years of dysfunctional government, the economy and unemployment dominating Americans’ mentions of the top problem facing the nation, fewer mention these problems now than in recent years. Still, these three problems remain at the forefront of Americans’ concerns, and may be driving Americans’ high level of dissatisfaction with the nation’s direction.

Although Americans’ confidence in the economy is higher this year than in recent years, it is still negative. And while fewer mention dysfunctional government as the nation’s top problem, Americans still strongly disapprove of Congress’ performance and remain divided on Obama’s.

Meanwhile, mentions of unemployment as a top problem have dipped as more U.S. workers report their workplaces are hiring and the unemployment rate as reported by the BLS declines. But unemployment still remains one of the most frequently cited problems.

Survey Methods

Results for this Gallup poll are based on telephone interviews conducted May 6-10, 2015, with a random sample of 1,024 adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia. For results based on the total sample of national adults, the margin of sampling error is ±4 percentage points at the 95% confidence level. All reported margins of sampling error include computed design effects for weighting.

Each sample of national adults includes a minimum quota of 50% cellphone respondents and 50% landline respondents, with additional minimum quotas by time zone within region. Landline and cellular telephone numbers are selected using random-digit-dial methods.

http://www.gallup.com/poll/183248/americans-satisfaction-direction-wanes.aspx?utm_source=Politics&utm_medium=newsfeed&utm_campaign=tiles

Trend: Party affiliation in U.S. plus leaners

Story Highlights

  • Congressional job approval at 19%, essentially unchanged
  • Approval of GOP Congress similar among Republicans and Democrats

WASHINGTON, D.C. — Congressional job approval, currently at 19%, remains stuck near historical lows, despite a number of recent high-profile legislative achievements.

Congressional Job Approval Ratings: 2001-2015

Over the past month, Congress has confirmed the stalled nomination of Attorney General Loretta Lynch and both chambers passed a bill that was signed into law regarding Medicare. Bills that would authorize limited congressional oversight on any international agreement with Iran and help victims of human trafficking passed the Senate with little or no opposition. The uptick in activity, though hardly historic, is notable compared with the past two Congresses. Those Congresses, marked by divided control of the two chambers, were known for their entrenched partisan gridlock and few legislative accomplishments. And Americans didn’t care for their inability to agree — they gave Congress its lowest approval ever over this time period. Gallup found in June 2013, six months into the previous Congress, that gridlock and ineffectiveness were the most frequently cited reason for Americans’ disapproval of Congress.

Several months into this new Congress, the accomplishments that have been realized could give one the impression that the gridlock is softening, particularly over the past month. But these achievements have had virtually no impact on Congress’s job approval compared with early April (15%).

And, of course, Congress is far from working perfectly now, even if the pace of work appears to have increased. Most dramatically, the Senate failed to overcome a Democratic filibuster Tuesday afternoon that would give the president enhanced authority in negotiating trade bills, though the May survey was conducted before this occurrence. Legislation authorizing the use of military force in Iraq and Syria to fight ISIS, proposed by the administration and which many members of Congress support, remains stalled.

GOP Congress Has Low Approval Among Republicans

A key reason the current 114th Congress appears to be having more legislative success than the two Congresses before it is that the House and Senate are now under one party’s control. Unified GOP control of Capitol Hill should, at least in theory, boost Republicans’ overall approval of Congress. But the expected “Republican rally” for Congress has yet to materialize — 21% of Republicans and Republican leaners approve of Congress, not much different from the 18% of independents and of Democrats who approve. Nor is Republican support notably higher than the 15% it reached in 2014, despite the decided Republican tilt of this year’s legislature.

Congressional Job Approval, by Party Identification, May 2015

Bottom Line

After years of dysfunction, Congress is moving forward on key pieces of legislation. No longer shackled by split control — though still facing a president of the opposite party — the legislative branch is suddenly finding some areas of agreement. But even if it appears that the gridlock is easing, the overwhelming majority of Americans still disapprove of Congress. If Congress continues passing bipartisan legislation, more Americans might soften their stance. Still, it may be that Americans are largely not aware of or impressed by Congress’ recent legislative successes. Or it may be that the hit to Congress’ reputation over the last several years — evident not only in dismal job approval ratings, but also fallinglevels of trust and confidence — will take a long time to reverse.

Survey Methods

Results for this Gallup poll are based on telephone interviews conducted May 6-10, 2015, with a random sample of 1,024 adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia. For results based on the total sample of national adults, the margin of sampling error is ±4 percentage points at the 95% confidence level. All reported margins of sampling error include computed design effects for weighting.

Each sample of national adults includes a minimum quota of 50% cellphone respondents and 50% landline respondents, with additional minimum quotas by time zone within region. Landline and cellular telephone numbers are selected using random-digit-dial methods.

http://www.gallup.com/poll/183128/five-months-gop-congress-approval-remains-low.aspx?utm_source=Politics&utm_medium=newsfeed&utm_campaign=tiles

Story Highlights

  • 31% say they are socially liberal, 31% socially conservative
  • This is the first time conservatives have not outnumbered liberals
  • Conservatives maintain edge on economic issues

PRINCETON, N.J. — Thirty-one percent of Americans describe their views on social issues as generally liberal, matching the percentage who identify as social conservatives for the first time in Gallup records dating back to 1999.

Trend: Americans' Self-Description of Views on Social Issues

Gallup first asked Americans to describe their views on social issues in 1999, and has repeated the question at least annually since 2001. The broad trend has been toward a shrinking conservative advantage, although that was temporarily interrupted during the first two years of Barack Obama’s presidency. Since then, the conservative advantage continued to diminish until it was wiped out this year.

The newfound parity on social ideology is a result of changes in the way both Democrats and Republicans describe their social views. The May 6-10 Gallup poll finds a new high of 53% of Democrats, including Democratic-leaning independents, describing their views on social issues as liberal.

Trend: Ideological Identification on Social Issues, Democrats and Democratic Leaners, 2001-2015

Democrats were more likely to describe their views on social issues as moderate rather than liberal from 2001 to 2005. Since then, socially liberal Democrats have outnumbered socially moderate Democrats in all but one year.

Meanwhile, the 53% of Republicans and Republican leaners saying their views on social issues are conservative is the lowest in Gallup’s trend. The drop in Republicans’ self-identified social conservatism has been accompanied by an increase in moderate identification, to 34%, while the percentage identifying as socially liberal has been static near 10%.

Trend: Ideological Identification on Social Issues, Republicans and Republican Leaners, 2001-2015

These trends echo the pattern in Gallup’s overall ideology measure, which dates back to 1992 and shows increasing liberal identification in recent years. As with the social ideology measure, the longer-term shifts are mainly a result of increasing numbers of Democrats describing their views as liberal rather than moderate. That may reflect Democrats feeling more comfortable in describing themselves as liberal than they were in the past, as much as a more leftward shift in Democrats’ attitudes on political, economic and social issues.

Conservatives Still Lead Liberals on Economic Issues

In contrast to the way Americans describe their views on social issues, they still by a wide margin, 39% to 19%, describe their views on economic issues as conservative rather than liberal. However, as on social ideology, the gap between conservatives and liberals has been shrinking and is lower today than at any point since 1999, with the 39% saying they are economically conservative the lowest to date.

Trend: Americans' Self-Description of Views on Economic Issues

Currently, 64% of Republicans identify as conservative economically, which is down from 70% the previous two years and roughly 75% in the early years of the Obama presidency. During George W. Bush’s administration, Republicans were less likely to say they were economic conservatives, with as few as 58% doing so in 2004 and 2005. The trends suggest Republicans’ willingness to identify as economic conservatives, or economic moderates, is influenced by the party of the president in office, and perhaps the types of financial policies the presidential administration is pursuing at the time.

Trend: Ideological Identification on Economic Issues, Republicans and Republican Leaners, 2001-2015

Democrats are also contributing to the trend in lower economic conservative identification. While the plurality of Democrats have consistently said they are economically moderate, Democrats have been more likely to identify as economic liberals than as economic conservatives since 2007. The last two years, there has been a 15-percentage-point gap in liberal versus conservative identification among Democrats on economic matters.

Trend: Ideological Identification on Economic Issues, Democrats and Democratic Leaners, 2001-2015

Implications

Americans’ growing social liberalism is evident not only in how they describe their views on social issues but also in changes in specific attitudes, such as increased support for same-sex marriage and legalizing marijuana. These longer-term trends may be attributable to changing attitudes among Americans of all ages, but they also may be a result of population changes, with younger, more liberal Americans entering adulthood while older, more conservative adults pass on. Gallup found evidence that population replacement is a factor in explaining changes in overall ideology using an analysis of birth cohorts over time.

The 2016 presidential election will thus be contested in a more socially liberal electorate — and a less economically conservative one — than was true of prior elections. Economically and socially conservative candidates may still appeal to the Republican Party base in the primaries, but it may be more important now than in the past for the GOP nominee to be a bit less conservative on social issues in order to appeal to the broader general electorate.

And while Americans are less economically conservative than in the past, economic conservatives still outnumber economic liberals by about 2-to-1. As a result, Democrats must be careful not to nominate a candidate who is viewed as too liberal on economic matters if their party hopes to hold the White House beyond 2016.

Survey Methods

Results for this Gallup poll are based on telephone interviews conducted May 6-10, 2015, with a random sample of 1,024 adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia. For results based on the total sample of national adults, the margin of sampling error is ±4 percentage points at the 95% confidence level. All reported margins of sampling error include computed design effects for weighting.

Each sample of national adults includes a minimum quota of 50% cellphone respondents and 50% landline respondents, with additional minimum quotas by time zone within region. Landline and cellular telephone numbers are selected using random-digit-dial methods.

http://www.gallup.com/poll/183386/social-ideology-left-catches-right.aspx?utm_source=Politics&utm_medium=newsfeed&utm_campaign=tiles

AGAINST THE GRAIN
Democrats’ Vanishing Future

Hillary Clinton is not the only Democratic comeback candidate on the 2016 ticket. Senate Democrats are betting on the past to rebuild their party for the future.

BY JOSH KRAUSHAAR

One of the most underappreciated stories in recent years is the deterioration of the Democratic bench under President Obama’s tenure in office. The party has become much more ideologically homogenous, losing most of its moderate wing as a result of the last two disastrous midterm elections. By one new catch-all measure, a party-strength index introduced by RealClearPolitics analysts Sean Trende and David Byler, Democrats are in their worst position since 1928. That dynamic has manifested itself in the Democratic presidential contest, where the bench is so barren that a flawed Hillary Clinton is barreling to an uncontested nomination.

But less attention has been paid to how the shrinking number of Democratic officeholders in the House and in statewide offices is affecting the party’s Senate races. It’s awfully unusual to see how dependent Democrats are in relying on former losing candidates as their standard-bearers in 2016. Wisconsin’s Russ Feingold, Pennsylvania’s Joe Sestak, Indiana’s Baron Hill, and Ohio’s Ted Strickland all ran underwhelming campaigns in losing office in 2010—and are looking to return to politics six years later. Party officials are courting former Sen. Kay Hagan of North Carolina to make a comeback bid, despite mediocre favorability ratings and the fact that she lost a race just months ago that most had expected her to win. All told, more than half of the Democrats’ Senate challengers in 2016 are comeback candidates.

On one hand, most of these candidates are the best choices Democrats have. Feingold and Strickland are running ahead of GOP Sens. Ron Johnson and Rob Portman in recent polls. Hill and Hagan boast proven crossover appeal in GOP-leaning states that would be challenging pickups. Their presence in the race gives the party a fighting chance to retake the Senate.

(RELATED: What’s Next In the House Benghazi Committee’s Hillary Clinton Investigation)

But look more closely, and the reliance on former failures is a direct result of the party having no one else to turn to. If the brand-name challengers didn’t run, the roster of up-and-coming prospects in the respective states is short. They’re also facing an ominous historical reality that only two defeated senators have successfully returned to the upper chamber in the last six decades. As political analyst Stu Rothenberg put it, they’re asking “voters to rehire them for a job from which they were fired.” Senate Democrats are relying on these repeat candidates for the exact same reason that Democrats are comfortable with anointing Hillary Clinton for their presidential nomination: There aren’t any better alternatives.

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For a portrait of the Democrats’ slim pickings, just look at the political breakdown in three of the most consequential battleground states. Republicans hold 12 of Ohio’s 16 House seats, and all six of their statewide offices. In Wisconsin, Republicans hold a majority of the state’s eight House seats and four of five statewide partisan offices. In Pennsylvania, 13 of the 18 representatives are Republicans, though Democrats hold all the statewide offices. (One major caveat: Kathleen Kane, the Democrats’ once-hyped attorney general in the state, is under criminal investigation and has become a political punchline.) These are all Democratic-friendly states that Obama carried twice.

If Strickland didn’t run, the party’s hopes against Portman would lie in the hands of 30-year-old Cincinnati Councilman P.G. Sittenfeld, who would make unexpected history as one of the nation’s youngest senators with a victory. (Sittenfeld is still mounting a long-shot primary campaign against Strickland.) Without Feingold in Wisconsin, the party’s only logical option would be Rep. Ron Kind, who has regularly passed up opportunities for a promotion. Former Milwaukee Mayor Tom Barrett already lost to Gov. Scott Walker twice, and businesswoman Mary Burke disappointed as a first-time gubernatorial candidate last year. And despite the Democratic establishment’s publicized carping over Joe Sestak in Pennsylvania, the list of alternatives is equally underwhelming: His only current intra-party opposition is from the mayor of Allentown.

(RELATED: Hillary Clinton to Launch Her Campaign, Again)

In the more conservative states, the drop-off between favored recruits and alternatives is even more stark. Hagan would be a flawed nominee in North Carolina, but there’s no one else waiting in the wings. The strongest Democratic politician, Attorney General Roy Cooper, is running for governor instead. And in Indiana, the bench is so thin that even the GOP’s embattled governor, Mike Pence, isn’t facing formidable opposition. Hill, who lost congressional reelection campaigns in both 2004 and 2010, is not expected to face serious primary competition in the race to succeed retiring GOP Sen. Dan Coats.

Even in the two swing states where the party landed young, up-and-coming recruits to run, their options were awfully limited. In Florida, 32-year-old Rep. Patrick Murphy is one of only five House Democrats to represent a district that Mitt Romney carried in 2012—and his centrism has made him one of the most compelling candidates for higher office. The Democratic Senatorial Campaign Committee quickly rallied behind his campaign (in part to squelch potential opposition from firebrand congressman Alan Grayson). But if Murphy didn’t run, the alternatives would have been limited: freshman Rep. Gwen Graham and polarizing Democratic National Committee Chair Debbie Wasserman Schultz being the most logical alternatives.

In Nevada, Democrats boast one of their strongest challengers in former state Attorney General Catherine Cortez Masto, vying to become the first Latina ever elected to the Senate. But her ascension is due, in part, to the fact that other talented officeholders lost in the 2014 statewide wipeout. Democratic lieutenant-governor nominee Lucy Flores, hyped by MSNBC as a “potential superstar,” lost by 26 points to her GOP opponent. Former Secretary of State Ross Miller, another fast-rising pol, badly lost his bid for attorney general against a nondescript Republican. By simply taking a break from politics, Cortez Masto avoided the wave and kept her prospects alive for 2016.

(RELATED: Newly Released Clinton Email Detail Benghazi Correspondence)

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This isn’t an assessment of Democratic chances for a Senate majority in 2017; it’s a glaring warning for the party’s longer-term health. If Clinton can’t extend the Democrats’ presidential winning streak—a fundamental challenge, regardless of the political environment—the party’s barren bench will cause even more alarm for the next presidential campaign. And if the Democrats’ core constituencies don’t show up for midterm elections—an outlook that’s rapidly becoming conventional wisdom—Democrats have serious challenges in 2018 as well. It’s why The New Yorker’s liberal writer John Cassidy warned that a Clinton loss next year could “assign [Republicans] a position of dominance.”

By focusing on how the electorate’s rapid change would hand Democrats a clear advantage in presidential races, Obama’s advisers overlooked how the base-stroking moves would play in the states. Their optimistic view of the future has been adopted by Clinton, who has been running to the left even without serious primary competition.

But without a future generation of leaders able to compellingly carry the liberal message, there’s little guarantee that changing demographics will secure the party’s destiny. The irony of the 2016 Senate races is that Democrats are betting on the past, running veteran politicians to win them back the majority—with Clinton at the top of the ticket. If that formula doesn’t work, the rebuilding process will be long and arduous.

http://www.nationaljournal.com/against-the-grain/democrats-vanishing-future-20150521

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Stand With Rand Against Renewal of Patriot Act and National Security Agency’s Turnkey Tyranny And Repeal of Fourth Amendment of U.S. Constitution — Videos

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Story 1: Stand With Rand Against Renewal of Patriot Act and National Security Agency’s Turnkey Tyranny And Repeal of Fourth Amendment of U.S. Constitution — Videos

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fourth Amendment

The Fourth Amendment originally enforced the notion that “each man’s home is his castle”, secure fromunreasonable searches and seizures of property by the government.  It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law.

https://www.law.cornell.edu/constitution/fourth_amendment

CLIP: Sen. Rand Paul (R-KY) begins his remarks on Patriot Act and NSA Surveillance (C-SPAN)

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Rand Paul Interview On NSA Court Ruling Of Illegal Spying

Court Rules NSA Bulk Spying Illegal: New Vindication for Snowden, and Uncertainty for PATRIOT Act

Rand Paul Interview On Meet The Press

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HUGE WIN FOR PRIVACY! Court Rules NSA Spying Is Illegal

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Rand Paul Stalling Patriot Act Extension!

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As Judge Rules NSA Surveillance – Almost Orwellian – Obama Prepares to Leave Spying Program Intact

AFTER OVER 10 HOURS, RAND PAUL ENDS HIS NSA ‘FILIBUSTER’

The Kentucky Republican spoke on the Senate floor until he could no longer stand. Here’s everything that happened.

BY DUSTIN VOLZ AND KAVEH WADDELL

en. Rand Paul has just wrapped a ten-and-a-half hour long speech on the Senate floor in what his office called a filibuster against the National Security Agency’s surveillance programs, as part of an apparent stand against efforts by some of his Republican colleagues to extend the Patriot Act’s expiring spy powers.

“There comes to a time in the history of nations when fear and complacency allow power to accumulate and liberty and privacy to suffer,” Paul started. “That time is now. And I will not let the Patriot Act, the most un-patriotic of acts, go unchallenged.”

“There comes to a time in the history of nations when fear and complacency allow power to accumulate and liberty and privacy to suffer,” Paul started. “That time is now. And I will not let the Patriot Act, the most un-patriotic of acts, go unchallenged.”
Paul took the podium at 1:18 p.m. and left the floor at 11:49 p.m. Here’s what happened, and what’s coming next.

12:26 a.m.: A very tired Rand Paul, off the floor, opens up.

After he walked off the Senate floor, the Kentucky senator told reporters he was “tired, voice is worn out, ready to go home.”

But Paul didn’t feel like his time and energy were for nothing. Business shoes in hand, a weary Paul said “we accomplished something by having, you know, it was kind of nice to have bipartisan support.”

Paul said that even though he didn’t last until midnight, he still believed he had slowed down the clock by a day on procedural advancement on any Patriot Act reauthorization. But an aide to Senate Majority Leader Mitch McConnell suggested the theatrics matter little. “Cloture on trade would be tomorrow either way. Patriot Act is after that,” the aide said.

Because McConnell did not file for cloture by Tuesday evening, it was already unlikely the Senate could act on the Patriot Act before the House goes on recess tomorrow, given the drawn-out parliamentary process of the upper chamber. Unless the Senate is willing to stay in town over the weekend and approve the House-passed Freedom Act, it appears increasingly likely that we are headed for a full expiration of the law’s three surveillance authorities, which sunset on June 1.

Paul, while talking to reporters, took a jab at President Obama for not ending the NSA’s bulk phone-records program unilaterally. Obama “needs to step up and be a little more of a leader in getting us out of this mess,” he said.

Noting support from Sens. Mike Lee and Ted Cruz, his presidential rival, Paul said “We’re not exactly [on] the same page but I think we’re all opponents of the bulk collection.” Both Lee and Cruz support the USA Freedom Act, while Paul says it does not go far enough.

11:49 p.m.: It’s over. Thanking his staff, Sen. Rand Paul has relinquished the floor after 10 hours and 30 minutes.

(C-SPAN)
Since Paul didn’t speak past midnight, the week’s schedule appears to remain unchanged. Earlier in the night, an aide to Senate Majority Leader Mitch McConnell said that if Paul talked into Thursday, it would hold up possible consideration of a Patriot Act extension and throw off the Senate’s calendar before breaking for recess.

11:45 p.m.: We’re winding down. After Sen. Ted Cruz’s fiery speech, a tired Paul took the podium for a final hurrah. “My voice is rapidly leaving, and my bedtime has long since past,” he said, before launching into a summary of what he’s been saying for almost 10 and a half hours. “Bulk collection must end, and I think we have the votes to end it now,” Paul said.

11:29 p.m.: At last, Ted Cruz stands with Rand. Sen. Ted Cruz joined Paul to rail against the Patriot Act late Wednesday evening, just before 11:30 p.m. Cruz is the third Republican to join Paul on the floor.

The Texas Republican praised Paul for having “altered this debate” over NSA surveillance.

Cruz presided over the Senate for a bit earlier in the evening but stepped down to the floor to join Paul’s efforts.

Cruz is running for the GOP nomination for president, as is Paul. Sen. Marco Rubio is currently presiding, meaning three Republican White House contenders are currently in the chamber. A Paul-sanctioned super PAC that is backing his presidential bid earlier mocked Cruz on Twitter for not #StandingWithRand.

Cruz began talking up the virtues of the House-passed USA Freedom Act. Though Cruz supports the bill, he is only one of five GOP co-sponsors in the Senate. Paul believes the bill does not enough, while Rubio wants to preserve the Patriot Act’s spying authorities and the NSA’s bulk data regime.

Cruz emphasized that a straight extension of the Patriot Act provisions that the NSA uses to justify its surveillance program would not be acceptable.

“It is abundantly, abundantly clear that a clean reauthorization of the Patriot Act ain’t passing this body, and it certainly ain’t passing the House of Representatives.”

Cruz spent much of his speech focusing on the personal, saying that standing on the floor with Paul and Sen. Mike Lee reminded him of The Blues Brothers and getting the band back together.

“I said many times I will go to my grave in debt to Sen. Rand Paul that the first opportunity I had to speak on the Senate floor was in support of his epic filibuster,” Cruz said.

11:25 p.m.: Rand Paul is now selling a “filibuster starter pack.” This talk-a-thon is about more than just national security, the power of government, and privacy rights. It’s also about Rand Paul and his presidential ambitions. The latest example: you can now buy yourself a “filibuster starter pack” at Paul’s online campaign store, as the senator’s Twitter account alerted followers to.

The kit is $30 and includes, per the site, a t-shirt that reads “The NSA knows I bought this Rand Paul tshirt,” a bumper sticker that says the same, just about buying a sticker, and a “Spy blocker” for your computer camara.

11:16 p.m.: Patriot Act defender Marco Rubio is now presiding over Paul’s Patriot Act takedown. Another GOP presidential candidate is now presiding over Paul’s “filibuster.” Sen. Marco Rubio of Florida took over the duties to run the floor from Sen. Ted Cruz.

Rubio has vociferously defended the NSA’s surveillance powers, once penning an op-ed calling for the permanent extension of the Patriot Act’s spy provisions.

Rubio was spotted intently reading a magazine—using a pen to go line by line—as Sen. Lee spoke from the floor. Cruz, meanwhile, took a seat to Lee’s right, indicating he may end up joining the talk-a-thon after all.

11:10 p.m.: Rand Paul’s biggest House fans join him on Senate floor. A handful of House members gathered behind Paul on the Senate floor late Wednesday to cheer him on. The gaggle included Republican Rep. Tom Massie and Democratic Rep. Earl Blumenauer, both of whom voted against the House-passed USA Freedom Act last week on grounds it does not do enough to curb NSA surveillance. Massie has long been a big political ally of Paul’s.

Paul tonight has repeatedly said he is concerned the Freedom Act needs to do more before it can earn his support.

10:43 p.m.: Mike Lee returns. The tea-party Republican from Utah has reemerged to keep the Patriot Act talk-a-thon going. Lee is one of two Republicans to speak on the floor for Paul’s “filibuster,” along with Sen. Steve Daines of Montana.

Lee is a lead sponsor of the House-passed USA Freedom Act, alongside Sen. Patrick Leahy, the top Democrat on the Judiciary Committee. Though seven Democrats have supported Paul on the floor today, Leahy is not one them.

10:25 p.m.: Cruz’s office says he was scheduled to be presiding officer. In a strange twist of fate, Sen. Ted Cruz was already on the books to preside over the Senate tonight, his office says. Many expected Cruz to support Paul during his speech.

10:15 p.m.: As promised, Wyden is back. The Oregon Democrat has returned to speak on the floor, giving Paul a much-needed break.

10:10 p.m.: Sen. Ted Cruz arrives, but not to help. After nearly nine hours, Republican Sen. Ted Cruz arrived on the floor. But he wasn’t there to stand with the long-suffering Kentucky senator—he is presiding over the nearly-empty senate.

Cruz, who, like Paul, is running for the GOP presidential nomination, is a co-sponsor of the USA Freedom Act, which would rein in parts of the NSA and effectively end its bulk collection of U.S. call data. He is one of five Republicans to cosponsor the measure. Paul has said the bill does not go far enough.

9:50 p.m.: Another Democrat arrives to stand with Rand. Sen. Richard Blumenthal of Connecticut appeared to give Paul another breather. This is the seventh Democrat to come to Paul’s assistance.

Blumenthal talked about the secrecy of the Foreign Intelligence Surveillance Court and pressed for more transparency and oversight of the judicial body, which some privacy advocates have derided as a “rubber stamp” for the NSA’s surveillance orders. Blumenthal called for an adversarial body to argue against the government before the FISA Court.

9:48 p.m.: Ron Paul is standing with his son. The Campaign for Liberty, the organization led by former Rep. Ron Paul, tweeted out a picture of Paul and his wife standing by a TV tuned to C-SPAN 2. “C4L Chairman @RonPaul and his wife Carol stand with their son Rand to end NSA spying. Do you? #StandWithRand”

9:43 p.m. Rand Paul is slowing down. Over the last twenty minutes, Paul has paused for prolonged moments, swaying back and forth as he shuffles through the papers on his desk. His voice sounds hoarse, and he has fallen silent to pop a candy into his mouth a few times. If you were wondering if talking for so long with few breaks can get physically taxing, he’s your proof.

9:03 p.m.: Wyden returns. Sen. Ron Wyden, who was the first senator to join Paul several hours ago, is now back on the floor. The Oregon Democrat discussed his concerns about so-called “backdoor search loopholes” that can be used by the intelligence community to pry into the digital communications of Americans who correspond with foreigners.

Wyden then praised Paul’s stamina and determination before pledging to return later in the evening. “I intend to rejoin my colleague before long,” Wyden said.

8:57 p.m.: After listening for hours, Sen. Cantwell speaks. Washington Democrat Maria Cantwell, who has been sitting at a desk for much of the evening—certainly longer than any other senator—stood to ask Paul about encryption technology. She follows Sens. Wyden, Heinrich, Manchin, Coons, and Tester as the sixth Democrat to speak with Paul.

8:51 p.m.: McConnell aide: If Paul talks past midnight, he will delay NSA consideration. An aide for Senate Majority Leader Mitch McConnell said late Wednesday that if Paul continues his talk-a-thon past midnight, he will succeed in delaying the Senate’s possible consideration of any Patriot Act extension, possibly into the weekend or later.

This is significant because the House is due to pack its bags and leave town tomorrow. Because the Patriot Act’s spy authorities expire on June 1, the Senate may not be able to pass any surveillance legislation in time before the lower chamber recesses until next month.

If Paul makes it past midnight, the McConnell aide said, he will delay when the Senate—which still needs to address pending trade legislation—can file cloture on any Patriot Act legislation.

Earlier Wednesday, the Obama administration said the NSA would start shutting down its phone-records dragnet this Friday in order to have it turned off completely by June 1 unless Congress figured out a way forward before then.

It is unclear if McConnell would have filed cloture today had he been given the opportunity, however. And this all may be a moot point, as it is unclear if either the Freedom Act or a short-term “clean” reauthorization has the 60 votes necessary to advance through the Senate.

8:12 p.m.: Paul: Freedom Act allows for continued spying. Paul has said he’s unhappy with the House-passed USA Freedom Act because it doesn’t go far enough to stop NSA surveillance. He outlined his gripes with the bill on the floor, saying that the liability protection it offers telephone companies is proof that it doesn’t limit the spying programs enough.

“One question I would ask, if there was anybody that would actually tell you the answer, would be: If we already gave them liability protection under the Patriot Act, why are they getting it again under the USA Freedom Act unless we’re asking them to do something new that they didn’t have permission for?” Paul asked.

“The other problem with the USA Freedom Act is: If you think bulk collection is wrong, why do they need new authorities? Why are we giving them some new authorities?” he continued.

7:55 p.m.: Paul: This is just the tip of the iceberg. Paul is under no illusions that letting portions of the Patriot Act expire would end what he calls illegal spying. While the NSA’s bulk surveillance is a high-profile target, Paul says he thinks there are many similar programs that haven’t been revealed.

“If we decide to fix bulk records and try to do something about this, I think, injustice, the main thing is we should be aware that this isn’t the only program. There’s probably a dozen programs. There’s probably another dozen we haven’t even heard of that they won’t tell any of us about,” Paul said.

“And realize that they’re not asking Congress for permission. They are doing whatever they want,” he continued. “We did not give them permission under the Patriot Act to do bulk collection of phone records. They are doing it with no authority, or inherent authority, or some other authority, because the courts have already told them that there is no authority under the Patriot Act.”

7:47 p.m.: Paul goes off on EPA overreach. To illustrate the problems that come with big government, Paul turned away from the NSA and toward the EPA, an agency much reviled among conservatives unhappy with government overinvolvement.

Paul brought up a case that saw a man and his daughter sentenced to 10 years in prison for “putting clean dirt on his own land.”

“That’s what’s happening in America. So you wonder why some of us worry about our records being snatched up? We’re worried about our own government’s run amok, that our own government’s out of control and that our own government’s not really paying attention to us,” Paul said. “To put a 70-year-old man in prison for ten years for putting clean dirt on his own land, the person that did that ought to go to jail, in fact they ought to be put in a stockade and publicly flogged and then made to pay penance for a decade for doing something so stupid.”

Paul appeared to be referring to this 2005 case. According to an EPA administrator, “the defendants destroyed valuable wetlands and victimized the residents of Big Hill Acres, who ended up with polluted homes and yards with leaking sewage.”

7:13 p.m.: Rand’s getting a lot of help, but where is Ted Cruz? Two Republicans and five Democrats have joined Paul’s extended oratorical demonstration against the Patriot Act, but one senator is so far notably absent: Ted Cruz.

Cruz, who, like Paul, is running for president, has frequently lambasted the NSA for violating Americans’ privacy rights with its sweeping surveillance programs. Cruz is also one of five GOP cosponsors of the USA Freedom Act, the reform bill that passed the House and would effectively end the NSA’s domestic phone-records dragnet.

But Cruz, who was spotted in the Capitol earlier Wednesday, has so far not appeared on the floor to lend support to Paul. Cruz’s office did not respond to multiple requests for comment asking whether the Texas senator had plans to join the “filibuster.”
6:50 p.m.: Sen. Jon Tester is here. The Montana Democrat and chairman of the Democratic Senatorial Campaign Committee is the fifth Democrat to join Paul on the Senate floor.

6:45 p.m.: Rand Paul takes on “people who believe that the inherent authorities of the president are unlimited.” Paul said the bulk collection program’s beginnings, during which it was not sanctioned by law, fell outside the bounds of a president’s authority.

“For the first several years we did bulk collection, they just did it,” Paul said. “They just said it was under the inherent authorities of the president. This should scare us because there are people who believe that the inherent authorities of the president are unlimited. That would not be a president. There would be another name for that.”

6:44: Sen. Chris Coons comes to the floor. The Delaware senator is the fourth Democrat to come to the floor.

It’s relatively rare for my colleague from Kentucky and I to come to the floor in agreement on an issue,” Coons said. “But it has happened before on exactly this issue.”

6:35 p.m.: Standing with Rand outside the Capitol. About 25 “grassroots” supporters of Rand Paul gathered outside the Capitol Wednesday to show solidarity for his stand against the Patriot Act and support his presidential campaign. Chanting “stand with Rand” and “President Paul,” the group was nearly matched by the number of journalists snapping photos of the demonstration.

Cliff Maloney, 24, organized the event on Facebook. Maloney, who works for Young Americans for Liberty, said he supports Paul because of his stances on privacy issues and ability to reach out to younger voters.

“Look at today,” Maloney said. “He’s on the Senate floor filibustering [for digital privacy rights]. And that’s something young voters care about.”

6:20 p.m.: Sen. Joe Manchin Spars with Paul over USA Freedom Act. The Democrat from West Virginia joined Paul on the floor just after 6 p.m. “My good friend, I don’t always agree with you on every issue, but when it comes to this nation’s intelligence gathering and security, we agree more than we don’t,” Manchin said.

Manchin went on to express his support for the NSA reform bill that the House passed last week. “I believe this bill, USA Freedom 2015, moves us in a positive direction, ends the bulk data collection program, and ensures that the collection of data is related to a relevant, particular terrorist investigation,” Manchin said.

When Paul took the podium again, he laid out his concerns with the act that Manchin was touting. “I want to like it, and I want to because it ends bulk collection,” Paul said. But he said the fact that the bill allows the government to search for a person’s records leaves a loophole.

“See, the big thing for me is a warrant should be individualized and I’m worried when you use the word “person” if it can be replaced with the word verizon and still collect all the records,” Paul said. The problem stems from the legal practice of treating corporations as people.

“I don’t know if they’re insurmountable, but those are a couple concerns,” Paul said.

6:02 p.m.: Sen. Steve Daines joins the fray. Montana Republican Steve Daines joined Paul’s stand against the Patriot Act shortly before 6 p.m.

“I spent more than 12 years in the technology sector before being elected to Congress,” Daines said. “I know firsthand the power that big data holds. I also know the great risks that arise when this power is abused. There is a clear and a direct threat to American civil liberties that comes from the mass collection of our personal information and our phone records.”

Daines is one of five GOP cosponsors of the reform-minded USA Freedom Act, which passed the House easily last week. Paul is not a cosponsor of the measure, which he says does not go far enough to limit the Patriot Act’s spying provisions.

It is expected nearly all Senate Democrats would vote for the Freedom Act, with Sen. Bill Nelson being the lone holdout. But it remains unclear if the bill has enough Republican support to reach a filibuster-proof 60-vote threshold, especially with Senate Majority Leader Mitch McConnell whipping against it.

5:53 p.m.: What Rand Paul wants. Paul began going into detail over the last twenty minutes about the amendments he and Sen. Ron Wyden are “most likely” to offer on legislation seeking to reauthorize the expiring provisions of the Patriot Act. Many of the amendments would push for privacy safeguards that the two civil-liberties advocates have long championed.

The first amendment, Paul said, would prohibit the government from mandating that tech firms create so-called surveillance “backdoors” in their products, which the NSA could access. “I know facebook has objected to this and fought them on this, but our amendment would say that the government just can’t do this,” Paul said.

A second amendment would “end bulk collection and replace it with nothing,” Paul said. It would close a loophole that allows back-door searches, he said, referring to the NSA’s practice of using a rule that allows it to search the foreigners’ data to capture information on U.S. citizens. The amendment would also require a “constitutional advocate” to be present in order to argue against the government in intelligence courts.

That amendment, Paul said, would also enact certain privacy protections for Americans whose digital records are held by third-party companies.

Another amendment Paul wants to introduce would make warrantless spying on Americans illegal “in non-terror” cases. He said the amendment would protect Americans against the government using a warrant intended for foreign terrorists that’s easier to obtain.

A fourth amendment would require courts to approve national security letters to “make them more like warrants,” Paul said. So-called NSLs compel companies to hand over communications data or financial records of certain users for the purposes of a national security investigation. The decades-old investigative tool that has grown in importance and frequency of use since the Patriot Act’s passage. Hundreds of thousands of letters have been used by the Justice Department since Sept. 11, 2001, and are often accompanied by gag orders.

Paul continued to tick off several other amendment ideas, including additional protections for whistleblowers, allowing for U.S. citizens to appeal surveillance orders handed down by Foreign Intelligence Surveillance Court, and implementing limitations to the Reagan-era Executive Order 12333, which some privacy advocates say allows the NSA the majority of its spying power.

5:50 p.m.: Supports of Rand to Rally in Capitol. A group of “grassroots supporters” for Paul’s efforts to block the Patriot Act will gather at 6 p.m. outside the U.S. Capitol, according to a Facebook event page. The event calls for supporters to gather on the Senate steps “on the west front side” that face the White House. Eighty-nine people have currently RSVP’d for the Stand with Rand party.

5:01 p.m.: Martin Heinrich arrives. Democratic Sen. Martin Heinrich became the second Democrat to join Paul on the floor to criticize the NSA’s mass surveillance programs.

The New Mexico senator took the opportunity to cite a recent federal appeals court decision deeming the NSA’s phone-records dragnet illegal as proof the Patriot Act’s spying provisions cannot be renewed without substantial changes akin to what the USA Freedom Act offers.

“Why on Earth, I would ask you, why on Earth would we extend a law that this court has found to be illegal?” Heinrich asked. “Now, given the overwhelming evidence that the current bulk collection program is not only unnecessary but also illegal, i think we’ve reached a critical turning point

Heinrich serves on the intelligence committee along with Sen. Ron Wyden, who spoke on the floor earlier. The two have frequently teamed up to question the intelligence community’s broad surveillance powers.

4:46 p.m.: Lee makes his case for a vote on USA Freedom. Sen. Mike Lee said he was open to amendments to his NSA reform package, the USA Freedom Act, but that it would be irresponsible for the Senate to not take up consideration with sufficient time for discussion.

“If there are those who have concerns with the legislation passed by the House of Representatives last week by a vote of 338-88, I welcome their input, I welcome any amendments they may have, I welcome the opportunity to make the bill better to make it more compatible with this or that interest,” Lee said. “We cannot continue to function by cliff. Government by cliff is a recipe for disaster.”

4:27 p.m.: Wyden out, Lee in. Sen. Mike Lee, R-Utah, joined Paul on the Senate floor to give the Kentucky senator’s vocal cords a rest. Lee has been an outspoken supporter of reforming the NSA’s surveillance programs, and is one of the co-sponsors of the USA Freedom Act. Lee acknowledged that his position is not as extreme as Paul’s—he does not support allowing the Patriot Act to expire, as Paul does—but he offered his support on the floor.

“Let me be clear at the outset that while the senator from Kentucky and I come to different conclusions with regard to the specific question as to whether we should allow section 215 of the Patriot Act to expire, I absolutely stand with the junior senator from Kentucky,” Lee said when he took the podium.

On Tuesday. Lee asked the Senate to table discussion of the trade bill to begin debating the USA Freedom Act. The move was blocked by an objection from Sen. Tom Cotton, R-Ark.

4: 17 p.m.: What do other Republican senators think of Paul’s “filibuster”? Some of Paul’s Republican colleagues attempted to downplay the significance of Paul taking over the Senate floor on Wednesday. “Oh that’ll be, you know, 12 hours, and he’ll get a lot of publicity for a day or so, but it won’t affect the process,” Sen. John McCain said Tuesday, when asked about Paul’s expected filibuster.

Republican leadership seemed relieved Paul chose to take the floor during dead time Wednesday, a move they anticipate may mean he won’t get in the way later this week when the chamber actually considers a Patriot Act extension. “I guess if he’s going to, doing it now as opposed to doing it on the weekend is maybe preferable,” Sen. John Thune told an AP reporter.

“I don’t think those inside Washington are listening very well,” Paul said during his speech, in apparent recognition of his colleagues’ unwillingness to let the NSA’s bulk call-records program lapse.

4:12 p.m.: “No Senators.” One headline that Sen. Paul wasn’t necessarily hoping for: a little bit into his speech, C-SPAN2 aired this chyron while the senator spoke:

3:46 p.m.: Backup is here, and it’s a Democrat. Sen. Ron Wyden, D-Ore., took the podium to relieve Paul more than two hours into Paul’s floor speech. Wyden is Paul’s partner in opposing a straight reauthorization of the Patriot Act, and he is the only other senator who has also promised to filibuster an extension of the NSA’s spying programs. “This will not be the last time we are back on the floor,” Wyden said as he took over for Paul.

Paul and Wyden are somewhat strange bedfellows, as Wyden has indicated he would vote for the reform package the House passed last week, known as the USA Freedom Act. Paul contends it does not go far enough. But the bipartisan pair is co-sponsoring a number of amendments they say will make the USA Freedom Act go farther in limiting the NSA’s surveillance powers.

“A number of us—myself specifically—have been concerned that the majority leader and other supporters of business as usual on bulk collection of all of these phone records would somehow try to take advantage of our current discussions and try to, in effect, sneak through a motion to extend section 215 of the USA Patriot Act,” Wyden said. “As long as the senator from Kentucky has the floor, that cannot happen.”

“My colleague from Kentucky has been an invaluable ally on this particular cause since he arrived in the Senate,” the Oregon Democrat continued.

3:41 p.m.: Hitler appears. It took a little over two hours for the first mention of Hitler during Paul’s speech. “Any time you make an analogy to horrific people in history, a Mussolini or a Hitler, people say, ‘Oh, you’re exaggerating, you’re talking about—it’s hyperbole. And maybe it is. And particularly to accuse anybody of that is a horrific analogy, and I’m not doing that,” Paul said. “But what I would say is that if you are not concerned that democracy could produce bad people, I don’t think you’re really thinking this through too much.”

3:20 p.m.: Paul goes after Graham. Paul attacked fellow Republican Sen. Lindsey Graham, R-S.C., for his characteristically hawkish views on surveillance and due process. Paul seized on Graham’s comment earlier this week about how he would deal with anyone who’s thinking about joining the Islamic State terrorist group.

“One senator said recently—i find this really hard to believe—he said, well, when they ask you for a judge, just drone them,” Paul said. “Ha ha. Same guy said when they ask you for a lawyer, tell them to shut up.”

The Background

Paul, who is a Republican candidate for president, has for weeks threatened that he would filibuster any attempt to reauthorize the Patriot Act authorities due to sunset on June 1. Although the Senate was not taking up votes Wednesday afternoon, a Paul spokesman called the speech a “filibuster” and said the Kentucky Republican “will speak until he can no longer speak.”

The timing of Paul’s speech took some observers by surprise, as the Senate has not yet moved to consider the Patriot Act and is still trudging through an ongoing fight over an international trade deal. Because Paul was not actually objecting to any specific vote, his speech does not appear to qualify as a formal filibuster.

Procedural votes could still come up later this week on the Freedom Act and McConnell’s short-term extension. But the Senate would likely need to stay through the weekend to get through the full process of voting on the opposing measures, as McConnell had not filed for cloture on either option by Tuesday.

Paul could further stall each vote and force the Senate to stay in town through the weekend. But his decision to eat up time on Wednesday likely indicates he does not want to cause party leaders that headache. Either way, the Senate almost certainly won’t resolve the matter before the House leaves town on Thursday, and an expiration of the Patriot Act’s spy provisions looks increasingly likely.

Paul opposes both McConnell’s push and the Freedom Act, which he says does not go far enough in ushering in surveillance reforms.

Paul’s stand against government surveillance comes as three provisions of the Patriot Act are due to expire on June 1, including Section 215, which the NSA uses to justify its bulk collection of U.S. call records.

(RELATED: Where the 2016 Republicans Stand on NSA Spying)

Congress has reauthorized the authorities in the past, but the current expiration is the first to occur after the Edward Snowden revelations, which began two years ago and publicly exposed for the first time the NSA’s phone dragnet.

Last week the House overwhelmingly passed a reform package called the USA Freedom Act, which would effectively end the NSA’s domestic phone records program. Instead, telephone companies would be relied on to keep the records and hand them over to the government on an as-needed basis after judicial approval is obtained from the Foreign Intelligence Surveillance Court.

But that measure has run hard into a wall in the upper chamber, where Senate Majority Leader Mitch McConnell and a number of GOP defense hawks have said it could jeopardize national security. McConnell and his flock prefer a “clean” reauthorization to the Patriot Act’s spying authorities, and have most recently pushed for a two-month extension to allow more time for debate.

Paul said his stand will force the Senate to debate the surveillance programs, which he says did not happen when the Patriot Act was first introduced in the weeks following the terrorist attacks of Sept. 11, 2001.

“The Patriot Act—I’m not sure unless we insert ourselves a at this moment that we’ll have any debate over it. It’s been set to expire for three years. We’ve known it was coming. And the question is, do we not have enough time because we just don’t care enough?”

In 2013, Paul famously spoke for 13 hours on the Senate floor on John Brennan’s nomination to run the CIA, attacking the nominee and the Obama administration for its drone policy.

Within twenty minutes of the beginning of Paul’s speech, his campaign sent an email to supporters asking for donations. “I will not rest. I will not back down. I will not yield one inch in this fight so long as my legs can stand,” the email, which was signed by Paul, read.

The campaign took a dig at senators eager to leave town for the long weekend. “It seems many of my colleagues here in the Senate care more about getting out of town for the Memorial Day break than protecting the Constitution so many American patriots have fought and died for,” the email said. “I have news for them. They are going NOWHERE.”

Quoting founding fathers and waxing philosophical on the importance of privacy, Paul called for President Obama to immediately issue an executive order to end the NSA’s surveillance programs.

(RELATED: On NSA Spying, Bernie Sanders, Not Elizabeth Warren, Is Pushing Hillary Clinton Let)

“For over a year now, he has said the program is illegal and yet he does nothing,” Paul said on the Senate floor. “He says, well, Congress can get rid of the Patriot Act. Congress can get rid of the bulk collection. And yet he has the power to do it at his fingertips.”

“He began this illegal program,” Paul continued. “The court has informed him that the program is illegal. He has every power to stop it and yet the president does nothing.”

Paul has said he would end the NSA’s surveillance programs were he elected president.

http://www.nationaljournal.com/tech/rand-paul-filibuster-live-blog-20150520

NSA shouldn’t keep phone database, review board recommends

By Ellen Nakashima and Ashkan Soltani

Read the report

report

https://www.whitehouse.gov/sites/default/files/docs/2013-12-12_rg_final_report.pdf

A panel appointed by President Obama to review the government’s surveillance activities has recommended significant new limits on the nation’s intelligence apparatus that include ending the National Security Agency’s collection of virtually all Americans’ phone records.

It urged that phone companies or a private third party maintain the data instead, with access granted only by a court order.

The President’s Review Group on Intelligence and Communications Technologies also recommended in a wide-ranging report issued Wednesday that decisions to spy on foreign leaders be subjected to greater scrutiny, including weighing the diplomatic and economic fallout if operations are revealed. Allied foreign leaders or those with whom the United States shares a cooperative relationship should be accorded “a high degree of respect and deference,” it said.

The panel also urged legislation that would require the FBI to obtain judicial approval before it can use a national security letter or administrative subpoena to obtain Americans’ financial, phone and other records. That would eliminate one of the tool’s main attractions: that it can be employed quickly without court approval.

The review group also would impose a ban on warantless NSA searches for Americans’ phone calls and e-mails held within large caches of communications collected legally because the program targeted foreigners overseas.

A report from the five-member Review Group on Intelligence and Communications Technologies contains 40-plus recommendations on the NSA. Read it.

Taken together, the five-
member panel’s recommendations take aim at some of the most controversial practices of the intelligence community, in particular the 35,000-employee NSA, headquartered at Fort Meade, Md. The signals intelligence agency has been in the news constantly since June, when reports based on documents leaked by former NSA contractor Edward Snowden began appearing in The Washington Post and the Guardian.

The White House released the 300-plus-page report as part of a larger effort to restore public confidence in the intelligence community, which has been shaken by the Snowden revelations.

The panel said that the NSA’s storage of phone data “creates potential risks to public trust, personal privacy, and civil liberty” and that as a general rule, “the government should not be permitted to collect and store mass, undigested, non-public personal information” about Americans to be mined for foreign intelligence purposes.

Despite the proposed constraints, panel member Michael Morell, a former deputy director of the CIA, said, “We are not in any way recommending the disarming of the intelligence community.”

The panel made 46 recommendations in all, which included moving the NSA’s information assurance directorate — its computer defense arm — outside the agency and under the Defense Department’s cyber-policy office.

“The review committee has reaffirmed that national security neither requires nor permits the government to help itself to Americans’ personal information at will,” said Elizabeth Goitein, co-
director of the Brennan Center for Justice’s Liberty and National Security Program. “The recommendations would extend significant privacy protections to Americans.”

Some intelligence professionals were dismayed. “If adopted in bulk, the panel’s recommendations would put us back before 9/11 again,” said Joel F. Brenner, a former NSA inspector general.

Former NSA and CIA director Michael V. Hayden urged senior intelligence officials to lay out the operational costs of adopting the recommendations. “The responsibility is now in the intelligence community to be ruthlessly candid with the policy leadership,” Hayden said.

Obama met Wednesday morning with the panel, whose suggestions are advisory only, and some intelligence officials predicted that the most far-reaching recommendations, including ending the government collection and storage of bulk phone data, would not be adopted. The White House has said it will announce in January which ideas it has embraced, as it concludes its internal review of surveillance activities.

The NSA’s phone-records program has prompted debate about whether the government has overreached in the effort to prevent terrorist attacks. The review panel is urging that Congress pass legislation to end the NSA’s storage of phone records — estimated by some former officials to number more than 1 trillion — “as soon as reasonably practicable.”

If the data were held by phone companies or a private third party, access to them would be permitted only with an order from the Foreign Intelligence Surveillance Court, based on reasonable suspicion that the information sought is relevant to an authorized terrorism investigation. Each phone number would require a court order.

Currently, the NSA holds for five years the phone records it gathers daily from U.S. phone companies. These “metadata” include the numbers dialed and call times and durations, but not call content or subscriber names.

The review panel is not recommending that the phone companies maintaining the data store it any longer than they do now — periods that vary from as little as six months to 10 years.

In a ruling Monday on the collection program, U.S. District Judge Richard J. Leon described the technology used to search the NSA database as “almost Orwellian.” The judge said the collection was “almost certainly” unconstitutional.

“The combination of this report plus the judge’s decision Monday makes this a big week for the cause of intelligence reform,” said Sen. Ron Wyden (D-Ore.).

Moving custodianship of the records outside the NSA would diminish the agency’s agility in detecting terrorist plots, supporters of the current arrangement say. With companies holding data for different periods and in different formats, searching across them would become complicated, they argue.

But the panel said the collection program had not proved its utility. “Our review suggests that the information contributed to terrorist investigations by the use of . . . telephony metadata was not essential to preventing attacks and could readily have been obtained in a timely manner using conventional [court] orders,” it said.

The review group urged that the public have a legal advocate before the Foreign Intelligence Surveillance Court.

Anthony D. Romero, executive director of the American Civil Liberties Union, said the recommendation to end NSA’s bulk collection “goes to the very heart of NSA dragnet surveillance.” He called it “the most necessary recommendation of the review group.”

The NSA’s information assurance directorate, which would be shifted out of the agency, protects classified government computer systems and works with industry to help them better safeguard their systems. That mission differs from the NSA’s job of breaking into systems overseas to gain intelligence, the panel said.

The suggested move, said Gregory T. Nojeim, senior counsel at the Center for Democracy and Technology, would “end NSA’s dual personality as a code-breaker and cybersecurity-enhancer. It’s good.”

But Tony Sager, a former NSA information assurance executive, said moving the defensive mission out of NSA was unwise. “The defensive mission benefits a lot from the technology and the skills of people who work on the offensive side of the house and vice versa,” he said. “They get better insight into the model of what real adversaries do.”

The panel also recommended a prohibition on the government “in any way”subverting or weakening commercial software in order to get around encryption and urged that it not undermine efforts to create encryption standards. The panel also said the government should add oversight to the use and production of “zero day” hacking tools that can be used to penetrate computer systems and, in some cases, damage or destroy them.

The security community has long been concerned that the NSA is building and buying hacking tools, but a Pentagon cyber-official, Eric Rosenbach, has said that the government discloses vulnerabilities it finds to software companies.

Matthew Blaze, a University of Pennsylvania cryptology expert, said disclosure “doesn’t mean that the government can’t or wouldn’t be able to make use of cyberattack techniques that involve exploiting computers.

http://www.washingtonpost.com/world/national-security/nsa-shouldnt-keep-phone-database-review-board-recommends/2013/12/18/f44fe7c0-67fd-11e3-a0b9-249bbb34602c_story.html

Rand Paul Begins Filibuster Of Patriot Act

By ALEX PAPPAS

Kentucky Sen. Rand Paul is filibustering the Patriot Act on the Senate floor, and it doesn’t look like he’s going to stop anytime soon.

The Republican presidential candidate took control of the floor Wednesday afternoon at 1:18 p.m., simultaneously explaining on Twitter that he is filibustering the renewal of the Patriot Act because of the National Security Agency’s program that collects bulk phone record data of American citizens.

“The government shouldn’t have the ability to get that information unless they have suspicion,” Paul said on the floor Wednesday. “Unless they have probable cause you committed a crime.”

In an campaign email to supporters, posted online by a reporter from Time magazine, Paul said: “I will not rest. I will not back down. I will not yield one inch in this fight so long as my legs can stand.”

Here’s how a Paul campaign aide described the marathon speech: “Senator Rand Paul has taken the floor of the U.S. Senate to filibuster the reauthorization of the Patriot Act. Senator Paul is a staunch defender of liberty and believes Americans have a right to privacy. The U.S. government has no place conducting these warrantless searches and should focus on gathering intelligence on suspected terrorists and foreign actors.”

On Monday, Paul previewed the filibuster, holding a press conference in Philadelphia and calling on Obama to end the NSA’s program.

“Here in front of Independence Hall, I call for the president to obey the law,” he said Monday. “The court said last week that it is illegal to collect all of your phone records, all of the time, without a warrant with your name on it. I call on the president today to immediately end the bulk collection of our phone records.”
Asked on Monday whether he would filibuster the upcoming vote on the extension of the Patriot Act, which the NSA uses to carry out the bulk collection program, Paul told reporters: “I will do everything possible. The rules are tricky in the Senate, so I don’t know what I can promise. But we will do everything possible, including filibustering the Patriot Act, to stop that.”

This isn’t Paul’s first filibuster: in 2013, he filibustered the nomination of John Brennan as director of the CIA for 13 hours, talking about drones and the Bill of Rights.

http://dailycaller.com/2015/05/20/rand-paul-begins-filibuster-of-patriot-act/

The USA PATRIOT Act is an Act of Congress that was signed into law by President George W. Bush on October 26, 2001. Its title is a ten-letter backronym (USA PATRIOT) that stands for “Uniting andStrengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001″.[1]

On May 26, 2011, President Barack Obama signed the PATRIOT Sunsets Extension Act of 2011, a four-year extension of three key provisions in the USA PATRIOT Act:[2] roving wiretaps, searches of business records (the “library records provision“), and conducting surveillance of “lone wolves”—individuals suspected of terrorist-related activities not linked to terrorist groups.[3]

Details

From broad concern felt among Americans from both the September 11 attacks and the 2001 anthrax attacks, Congress rushed to pass legislation to strengthen security controls. On October 23, 2001, Republican Rep. Jim Sensenbrenner introduced H.R. 3162 incorporating provisions from a previously sponsored House bill and a Senate bill also introduced earlier in the month.[4] The next day on October 24, 2001, the Act passed the House 357 to 66,[5] with Democrats comprising the overwhelming portion of dissent. The following day, on October 25, 2001, the Act passed the Senate by 98 to 1.[6]

Opponents of the law have criticized its authorization of indefinite detentions of immigrants; the permission given law enforcement officers to search a home or business without the owner’s or the occupant’s consent or knowledge; the expanded use of National Security Letters, which allows the Federal Bureau of Investigation (FBI) to search telephone, e-mail, and financial records without a court order; and the expanded access of law enforcement agencies to business records, including library and financial records. Since its passage, several legal challenges have been brought against the act, and Federal courts have ruled that a number of provisions are unconstitutional.

Many provisions of the act were to sunset beginning December 31, 2005, approximately 4 years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several sections of the act, while the House reauthorization bill kept most of the act’s original language. The two bills were then reconciled in a conference committee that was criticized by Senators from both the Republican and Democratic parties for ignoring civil liberty concerns.[7]

The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006, and was signed into law by President George W. Bush on March 9 and 10, 2006.

Background

The PATRIOT Act[8] made a number of changes to U.S. law. Key acts changed were the Foreign Intelligence Surveillance Act of 1978 (FISA), the Electronic Communications Privacy Act of 1986 (ECPA), the Money Laundering Control Act of 1986 and Bank Secrecy Act (BSA), as well as the Immigration and Nationality Act. The Act itself came about after the September 11th attacks on New York City and the Pentagon. After these attacks, Congress immediately started work on several proposed antiterrorist bills, before the Justice Department finally drafted a bill called the Anti-Terrorism Act of 2001, introduced to Congress on September 19, 2001. This was introduced to the House as the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001, and was later passed by the House as the Uniting and Strengthening America (USA) Act (H.R. 2975) on October 12.[9] It was then introduced into the Senate as the USA Act (S. 1510)[10] where a number of amendments were proposed by SenatorRuss Feingold,[11][12][13][13] all of which were passed. The final bill, the USA PATRIOT Act was introduced into the House on October 23 and incorporated H.R. 2975, S. 1510 and many of the provisions of H.R. 3004 (the Financial Anti-Terrorism Act).[14] It was vehemently opposed by only one Senator, Russ Feingold, who was the only Senator to vote against the bill. Senator Patrick Leahy also expressed some concerns.[15]However, many parts were seen as necessary by both detractors and supporters.[16][17][18] The final Act included a number of sunsets which were to expire on December 15, 2005.

Due to its controversial nature, a number of bills – none of which were passed – were proposed to amend the USA PATRIOT Act. These included the Protecting the Rights of Individuals Act,[19] the Benjamin Franklin True Patriot Act,[20] and the Security and Freedom Ensured Act (SAFE).[21] In late January 2003, the founder of the Center for Public Integrity, Charles Lewis, published a leaked draft copy of an Administration proposal titled the Domestic Security Enhancement Act of 2003.[22] This highly controversial document was quickly dubbed “PATRIOT II” or “Son of PATRIOT” by the media and organizations such as the Electronic Frontier Foundation.[23] The draft, which was circulated to 10 divisions of the Department of Justice,[24]proposed to make further extensive modifications to extend the USA PATRIOT Act.[25] It was widely condemned, although the Department of Justice claimed that it was only a draft and contained no further proposals.[26]

Titles

Title I: Enhancing domestic security against terrorism

Title I authorizes measures to enhance the ability of domestic security services to prevent terrorism. The title established a fund for counter-terrorist activities and increased funding for the Terrorist Screening Center which is administered by the FBI. The military was authorized to provide assistance in some situations that involve weapons of mass destruction when so requested by the Attorney General. The National Electronic Crime Task Force was expanded, along with thePresident‘s authority and abilities in cases of terrorism. The title also condemned the discrimination against Arab and Muslim Americans that happened soon after the September 11 terrorist attacks. The impetus for many of the provisions came from earlier bills, for instance the condemnation of discrimination was originally proposed by Senator Tom Harkin (DIA) in an amendment to the Combatting Terrorism Act of 2001, though in a different form. It originally included “the prayer ofCardinal Theodore McCarrick, the Archbishop of Washington in a Mass on September 12, 2001 for our Nation and the victims in the immediate aftermath of the terrorist hijackings and attacks in New York City, Washington, D.C., and Pennsylvania reminds all Americans that ‘We must seek the guilty and not strike out against the innocent or we become like them who are without moral guidance or proper direction.'”[27] Further condemnation of racial vilification and violence is also spelled out in Title X, where there was condemnation of such activities against Sikh Americans, who were mistaken for Muslims after the September 11th terrorist attack.[28]

Title II: Surveillance procedures

Title II is titled “Enhanced Surveillance Procedures”, and covers all aspects of the surveillance of suspected terrorists, those suspected of engaging in computer fraud or abuse, and agents of a foreign power who are engaged in clandestine activities. It primarily made amendments to FISA, and the ECPA, and many of the most controversial aspects of the USA PATRIOT Act reside in this title. In particular, the title allows government agencies to gather “foreign intelligence information” from both U.S. and non-U.S. citizens, and changed FISA to make gaining foreign intelligence information the significant purpose of FISA-based surveillance, where previously it had been the primary purpose.[29] The change in definition was meant to remove a legal “wall” between criminal investigations and surveillance for the purposes of gathering foreign intelligence, which hampered investigations when criminal and foreign surveillance overlapped.[30] However, that this wall even existed was found by the Federal Surveillance Court of Review to have actually been a long-held misinterpretation by government agencies. Also removed was the statutory requirement that the government prove a surveillance target under FISA is a non-U.S. citizen and agent of a foreign power, though it did require that any investigations must not be undertaken on citizens who are carrying out activities protected by the First Amendment.[31] The title also expanded the duration of FISA physical search and surveillance orders,[32] and gave authorities the ability to share information gathered before a federal grand jury with other agencies.[33]

The scope and availability of wiretapping and surveillance orders were expanded under Title II. Wiretaps were expanded to include addressing and routing information to allow surveillance of packet switched networks[34]—the Electronic Privacy Information Center (EPIC) objected to this, arguing that it does not take into account email or web addresses, which often contain content in the address information.[35] The Act allowed any district court judge in the United States to issue such surveillance orders[34] and search warrants for terrorism investigations.[36] Search warrants were also expanded, with the Act amending Title III of the Stored Communications Access Act to allow the FBI to gain access to stored voicemail through a search warrant, rather than through the more stringent wiretap laws.[37]

Various provisions allowed for the disclosure of electronic communications to law enforcement agencies. Those who operate or own a “protected computer” can give permission for authorities to intercept communications carried out on the machine, thus bypassing the requirements of the Wiretap statute.[38] The definition of a “protected computer” is defined in 18 U.S.C. § 1030(e)(2) and broadly encompasses those computers used in interstate or foreign commerce or communication, including ones located outside the United States. The law governing obligatory and voluntary disclosure of customer communications by cablecompanies was altered to allow agencies to demand such communications under U.S.C. Title 18 provisions relating to the disclosure of electronic communications (chapter 119), pen registers and trap and trace devices (chapter 206) and stored communications (121), though it excluded the disclosure of cable subscriber viewing habits.[39] Subpoenas issued to Internet Service Providers were expanded to include not only “the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber” but also session times and durations, types of services used, communication device address information (e.g. IP addresses), payment method and bank account and credit card numbers.[40] Communication providers are also allowed to disclose customer records or communications if they suspect there is a danger to “life and limb”.[41]

Title II established three very controversial provisions: “sneak and peek” warrants, roving wiretaps and the ability of the FBI to gain access to documents that reveal the patterns of U.S. citizens. The so-called “sneak and peek” law allowed for delayed notification of the execution of search warrants. The period before which the FBI must notify the recipients of the order was unspecified in the Act—the FBI field manual says that it is a “flexible standard”[42]—and it may be extended at the court’s discretion.[43] These sneak and peek provisions were struck down by judge Ann Aiken on September 26, 2007 after a Portland attorney, Brandon Mayfield, was wrongly jailed because of the searches. The court found the searches to violate the provision that prohibits unreasonable searches in the Fourth Amendment to the U.S. Constitution.[44][45]

Roving wiretaps are wiretap orders that do not need to specify all common carriers and third parties in a surveillance court order. These are seen as important by the Department of Justice because they believe that terrorists can exploit wiretap orders by rapidly changing locations and communication devices such as cell phones,[46] while opponents see it as violating the particularity clause of the Fourth Amendment.[47][48] Another highly controversial provision is one that allows the FBI to make an order “requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.”[49] Though it was not targeted directly at libraries, the American Library Association (ALA), in particular, opposed this provision.[50] In a resolution passed on June 29, 2005, they stated that “Section 215 of the USA PATRIOT Act allows the government to secretly request and obtain library records for large numbers of individuals without any reason to believe they are involved in illegal activity.”[51] However, the ALA’s stance did not go without criticism. One prominent critic of the ALA’s stance was the Manhattan Institute‘s Heather Mac Donald, who argued in an article for the New York City Journal that “[t]he furor over section 215 is a case study in Patriot Act fear-mongering.”[52]

The title also covers a number of other miscellaneous provisions, including the expansion of the number of FISC judges from seven to eleven (three of which must reside within 20 miles (32 km) of the District of Columbia),[53] trade sanctions against North Korea and Taliban-controlled Afghanistan[54] and the employment oftranslators by the FBI.[55]

At the insistence of Republican Representative Richard Armey,[56] the Act had a number of sunset provisions built in, which were originally set to expire on December 31, 2005. The sunset provision of the Act also took into account any ongoing foreign intelligence investigations and allowed them to continue once the sections had expired.[57] The provisions that were to expire are below.

Title II sections that were to originally expire on December 31, 2005
Section Section title
201 Authority to intercept wire, oral, and electronic communications relating to terrorism
202 Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses
203(b) Authority to share electronic, wire and oral interception information
204 Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications
206 Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978.
207 Duration of FISA surveillance of non-United States persons who are agents of a foreign power
209 Seizure of voice-mail messages pursuant to warrants
212 Emergency disclosure of electronic communications to protect life and limb
214 Pen register and trap and trace authority under FISA
215 Access to records and other items under the Foreign Intelligence Surveillance Act.
217 Interception of computer trespasser communications
218 Foreign intelligence information
220 Nationwide service of search warrants for electronic evidence
223 Civil liability for certain unauthorized disclosures
225 Immunity for compliance with FISA wiretap

Title III: Anti-money-laundering to prevent terrorism

Title III of the Act, titled “International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001,” is intended to facilitate the prevention, detection and prosecution of international money laundering and the financing of terrorism. It primarily amends portions of the Money Laundering Control Act of 1986 (MLCA) and the Bank Secrecy Act of 1970 (BSA). It was divided into three subtitles, with the first dealing primarily with strengthening banking rules against money laundering, especially on the international stage. The second attempts to improve communication between law enforcement agencies and financial institutions, as well as expanding record keeping and reporting requirements. The third subtitle deals with currency smuggling and counterfeiting, including quadrupling the maximum penalty for counterfeiting foreign currency.

The first subtitle tightened the record keeping requirements for financial institutions, making them record the aggregate amounts of transactions processed from areas of the world where money laundering is a concern to the U.S. government. It also made institutions put into place reasonable steps to identify beneficial owners of bank accounts and those who are authorized to use or route funds through payable-through accounts.[58] The U.S. Treasury was charged with formulating regulations intended to foster information sharing between financial institutions to prevent money-laundering.[59] Along with expanding record keeping requirements it put new regulations into place to make it easier for authorities to identify money laundering activities and to make it harder for money launderers to mask their identities.[60] If money laundering was uncovered, the subtitle legislated for the forfeiture of assets of those suspected of doing the money laundering.[61]In an effort to encourage institutions to take steps that would reduce money laundering, the Treasury was given authority to block mergers of bank holding companies and banks with other banks and bank holding companies that had a bad history of preventing money laundering. Similarly, mergers between insured depository institutions and non-insured depository institutions that have a bad track record in combating money-laundering could be blocked.[62]

Restrictions were placed on accounts and foreign banks. It prohibited shell banks that are not an affiliate of a bank that has a physical presence in the U.S. or that are not subject to supervision by a banking authority in a non-U.S. country. It also prohibits or restricts the use of certain accounts held at financial institutions.[63]Financial institutions must now undertake steps to identify the owners of any privately owned bank outside the U.S. who have a correspondent account with them, along with the interests of each of the owners in the bank. It is expected that additional scrutiny will be applied by the U.S. institution to such banks to make sure they are not engaging in money laundering. Banks must identify all the nominal and beneficial owners of any private bank account opened and maintained in the U.S. by non-U.S. citizens. There is also an expectation that they must undertake enhanced scrutiny of the account if it is owned by, or is being maintained on behalf of, any senior political figure where there is reasonable suspicion of corruption.[64] Any deposits made from within the U.S. into foreign banks are now deemed to have been deposited into any interbank account the foreign bank may have in the U.S. Thus any restraining order, seizure warrant or arrest warrant may be made against the funds in the interbank account held at a U.S. financial institution, up to the amount deposited in the account at the foreign bank.[65] Restrictions were placed on the use of internal bank concentration accounts because such accounts do not provide an effective audit trail for transactions, and this may be used to facilitate money laundering. Financial institutions are prohibited from allowing clients to specifically direct them to move funds into, out of, or through a concentration account, and they are also prohibited from informing their clients about the existence of such accounts. Financial institutions are not allowed to provide any information to clients that may identify such internal accounts.[66] Financial institutions are required to document and follow methods of identifying where the funds are for each customer in a concentration account that co-mingles funds belonging to one or more customers.

The definition of money laundering was expanded to include making a financial transaction in the U.S. in order to commit a violent crime;[67] the bribery of public officials and fraudulent dealing with public funds; the smuggling or illegal export of controlled munition[68] and the importation or bringing in of any firearm or ammunition not authorized by the U.S. Attorney General[69] and the smuggling of any item controlled under the Export Administration Regulations.[70][71] It also includes any offense where the U.S. would be obligated under a mutual treaty with a foreign nation to extradite a person, or where the U.S. would need to submit a case against a person for prosecution because of the treaty; the import of falsely classified goods;[72] computer crime;[73] and any felony violation of the Foreign Agents Registration Act of 1938.[71] It also allows the forfeiture of any property within the jurisdiction of the United States that was gained as the result of an offense against a foreign nation that involves the manufacture, importation, sale, or distribution of a controlled substance.[74] Foreign nations may now seek to have a forfeiture or judgment notification enforced by a district court of the United States.[75] This is done through new legislation that specifies how the U.S. government may apply for a restraining order[76] to preserve the availability of property which is subject to a foreign forfeiture or confiscation judgement.[77] In taking into consideration such an application, emphasis is placed on the ability of a foreign court to follow due process.[75] The Act also requires the Secretary of Treasury to take all reasonable steps to encourage foreign governments make it a requirement to include the name of the originator in wire transfer instructions sent to the United States and other countries, with the information to remain with the transfer from its origination until the point of disbursement.[78] The Secretary was also ordered to encourage international cooperation in investigations of money laundering, financial crimes, and the finances of terrorist groups.[79]

The Act also introduced criminal penalties for corrupt officialdom. An official or employee of the government who acts corruptly—as well as the person who induces the corrupt act—in the carrying out of their official duties will be fined by an amount that is not more than three times the monetary equivalent of the bribe in question. Alternatively they may be imprisoned for not more than 15 years, or they may be fined and imprisoned. Penalties apply to financial institutions who do not comply with an order to terminate any corresponding accounts within 10 days of being so ordered by the Attorney General or the Secretary of Treasury. The financial institution can be fined $US10,000 for each day the account remains open after the 10 day limit has expired.[65]

The second annotation made a number of modifications to the BSA in an attempt to make it harder for money launderers to operate and easier for law enforcement and regulatory agencies to police money laundering operations. One amendment made to the BSA was to allow the designated officer or agency who receivessuspicious activity reports to notify U.S. intelligence agencies.[80] A number of amendments were made to address issues related to record keeping and financial reporting. One measure was a new requirement that anyone who does business file a report for any coin and foreign currency receipts that are over US$10,000 and made it illegal to structure transactions in a manner that evades the BSA’s reporting requirements.[81] To make it easier for authorities to regulate and investigate anti-money laundering operations Money Services Businesses (MSBs)—those who operate informal value transfer systems outside of the mainstream financial system—were included in the definition of a financial institution.[82] The BSA was amended to make it mandatory to report suspicious transactions and an attempt was made to make such reporting easier for financial institutions.[83] FinCEN was made a bureau of the United States Department of Treasury[84] and the creation of a secure network to be used by financial institutions to report suspicious transactions and to provide alerts of relevant suspicious activities was ordered.[85] Along with these reporting requirements, a considerable number of provisions relate to the prevention and prosecution of money-laundering.[86]Financial institutions were ordered to establish anti-money laundering programs and the BSA was amended to better define anti-money laundering strategy.[87] Also increased were civil and criminal penalties for money laundering and the introduction of penalties for violations of geographic targeting orders and certain record-keeping requirements.[88] A number of other amendments to the BSA were made through subtitle B, including granting the Board of Governors of the Federal Reserve System power to authorize personnel to act as law enforcement officers to protect the premises, grounds, property and personnel of any U.S. National reserve bank and allowing the Board to delegate this authority to U.S. Federal reserve bank.[89] Another measure instructed United States Executive Directors of international financial institutions to use their voice and vote to support any country that has taken action to support the U.S.’s War on Terrorism. Executive Directors are now required to provide ongoing auditing of disbursements made from their institutions to ensure that no funds are paid to persons who commit, threaten to commit, or support terrorism.[90]

The third subtitle deals with currency crimes. Largely because of the effectiveness of the BSA, money launders had been avoiding traditional financial institutions to launder money and were using cash-based businesses to avoid them. A new effort was made to stop the laundering of money through bulk currency movements, mainly focusing on the confiscation of criminal proceeds and the increase in penalties for money laundering. Congress found that a criminal offense of merely evading the reporting of money transfers was insufficient and decided that it would be better if the smuggling of the bulk currency itself was the offense. Therefore, the BSA was amended to make it a criminal offense to evade currency reporting by concealing more than US$10,000 on any person or through any luggage, merchandise or other container that moves into or out of the U.S. The penalty for such an offense is up to 5 years imprisonment and the forfeiture of any property up to the amount that was being smuggled.[91] It also made the civil and criminal penalty violations of currency reporting cases[92] be the forfeiture of all a defendant’s property that was involved in the offense, and any property traceable to the defendant.[93] The Act prohibits and penalizes those who run unlicensed money transmitting businesses.[94] In 2005, this provision of the USA PATRIOT Act was used to prosecute Yehuda Abraham for helping to arrange money transfers for British arms dealer Hermant Lakhani, who was arrested in August 2003 after being caught in a government sting. Lakhani had tried to sell a missile to an FBI agent posing as a Somali militant.[95] The definition of counterfeiting was expanded to encompass analog, digital or electronic image reproductions, and it was made an offense to own such a reproduction device. Penalties were increased to 20 years imprisonment.[96] Money laundering “unlawful activities” was expanded to include the provision of material support or resources to designated foreign terrorist organizations.[97] The Act specifies that anyone who commits or conspires to undertake a fraudulent activity outside the jurisdiction of the United States, and which would be an offense in the U.S., will be prosecuted under 18 U.S.C. § 1029, which deals with fraud and related activity in connection with access devices.[98]

Title IV: Border security

Title IV amends the Immigration and Nationality Act of 1952 to give more law enforcement and investigative power to the United States Attorney General and to theImmigration and Naturalization Service (INS). The Attorney General was authorized to waive any cap on the number of full-time employees (FTEs) assigned to the INS on the Northern border of the United States.[99] Enough funds were set aside to triple the maximum number of Border Patrol personnel, Customs Service personnel and INS inspectors along with an additional US$50,000,000 funding for the INS and the U.S. Customs Service to improve technology for monitoring the Northern Border and acquiring additional equipment at the Canadian northern border.[100] The INS was also given the authority to authorize overtime payments of up to an extra US$30,000 a year to INS employees.[101] Access was given to the Department of State and the INS to criminal background information contained in the National Crime Information Center’s Interstate Identification Index (NCIC-III), Wanted Persons File and any other files maintained by the National Crime Information Center to determine whether visa applicants and applicants could be admitted to the U.S.[102] The Department of State was required to form final regulations governing the procedures for taking fingerprints and the conditions with which the department was allowed to use this information.[103] Additionally, theNational Institute of Standards and Technology (NIST) was ordered to develop a technology standard to verify the identity of persons applying for a United States visa.[103] The reason was to make the standard the technology basis for a cross-agency, cross-platform electronic system used for conducting background checks, confirming identities and ensuring that people have not received visas under different names.[104] This report was released on November 13, 2002,[105] however, according to NIST, this was later “determined that the fingerprint system used was not as accurate as current state-of-the-art fingerprint systems and is approximately equivalent to commercial fingerprint systems available in 1998.”[106] This report was later superseded by section 303(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002.

Under subtitle C, various definitions relating to terrorism were altered and expanded. The INA was retroactively amended to disallow aliens who are part of or representatives of a foreign organization or any group who endorses acts of terrorism from entering the U.S. This restriction also included the family of such aliens.[107] The definition of “terrorist activity” was strengthened to include actions involving the use of any dangerous device (and not just explosives and firearms).[107] To “engage in terrorist activity” is defined as committing, inciting to commit or planning and preparing to undertake an act of terrorism. Included in this definition is the gathering of intelligence information on potential terrorist targets, the solicitation of funds for a terrorist organization or the solicitation of others to undertake acts of terrorism. Those who provide knowing assistance to a person who is planning to perform such activities are defined as undertaking terrorist activities. Such assistance includes affording material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training to perform the terrorist act.[107] The INA criteria for making a decision to designate an organization as a terrorist organization was amended to include the definition of a terrorist act.[108] Though the amendments to these definitions are retroactive, it does not mean that it can be applied to members who joined an organization, but since left, before it was designated to be a terrorist organization under 8 U.S.C. § 1189 by the Secretary of State.[107]

The Act amended the INA to add new provisions enforcing mandatory detention laws. These apply to any alien who is engaged in terrorism, or who is engaged in an activity that endangers U.S. national security. It also applies to those who are inadmissible or who must be deported because it is certified they are attempting to enter to undertake illegal espionage; are exporting goods, technology, or sensitive information illegally; or are attempting to control or overthrow the government; or have, or will have, engaged in terrorist activities.[109] The Attorney General or the Attorney General’s deputy may maintain custody of such aliens until they are removed from the U.S., unless it is no longer deemed they should be removed, in which case they are released. The alien can be detained for up to 90 days but can be held up to six months after it is deemed that they are a national security threat. However, the alien must be charged with a crime or removal proceedings start no longer than seven days after the alien’s detention, otherwise the alien will be released. However, such detentions must be reviewed every six months by the Attorney General, who can then decide to revoke it, unless prevented from doing so by law. Every six months the alien may apply, in writing, for the certification to be reconsidered.[109] Judicial review of any action or decision relating to this section, including judicial review of the merits of a certification, can be held underhabeas corpus proceedings. Such proceedings can be initiated by an application filed with the United States Supreme Court, by any justice of the Supreme Court, by any circuit judge of the United States Court of Appeals for the District of Columbia Circuit, or by any district court otherwise having jurisdiction to entertain the application. The final order is subject to appeal to the United States Court of Appeals for the District of Columbia Circuit.[109] Provisions were also made for a report to be required every six months of such decisions from the U.S. Attorney General to the Committee on the Judiciary of the House of Representatives and theCommittee on the Judiciary of the Senate.[109]

A sense of Congress was given that the U.S. Secretary of State should expedite the full implementation of the integrated entry and exit data system for airports, seaports, and land border ports of entry specified in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). They also found that the U.S. Attorney General should immediately start the Integrated Entry and Exit Data System Task Force specified in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000. Congress wanted the primary focus of development of the entry-exit data system was to be on the utilization of biometric technology and the development of tamper-resistant documents readable at ports of entry. They also wanted the system to be able to interface with existing law enforcement databases.[110] The Attorney General was ordered to implement and expand the foreign student monitoring program that was established under section 641(a) of the IIRIRA.[111] which records the date and port of entry of each foreign student. The program was expanded to include other approved educational institutions, including air flight schools, language training schools or vocational schools that are approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State. US$36,800,000 was appropriated for the Department of Justice to spend on implementing the program.[112]

The Secretary of State was ordered to audit and report back to Congress on the Visa waiver program specified under 8 U.S.C. § 1187 for each fiscal year until September 30, 2007. The Secretary was also ordered to check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports as well as ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports.[113] The Secretary was also ordered to report back to Congress on whether consulate shopping was a problem.[114]

The last subtitle, which was introduced by Senators John Conyers and Patrick Leahy, allows for the preservation of immigration benefits for victims of terrorism, and the families of victims of terrorism.[115] They recognized that some families, through no fault of their own, would either be ineligible for permanent residence in the United States because of being unable to make important deadlines because of the September 11 terrorist attacks, or had become ineligible to apply for special immigration status because their loved one died in the attacks.[116]

Title V: Removing obstacles to investigating terrorism

It allows the U.S. Attorney General to pay rewards pursuant of advertisements for assistance to the Department of Justice to combat terrorism and prevent terrorist acts, though amounts over $US250,000 may not be made or offered without the personal approval of the Attorney General or President, and once the award is approved the Attorney General must give written notice to the Chairman and ranking minority members of the Committee on Appropriations and the Judiciary of the Senate and of the House of Representatives.[117] The State Department Basic Authorities Act of 1956 was amended to allow the Department of State to offer rewards, in consultation with the Attorney General, for the full or significant dismantling of any terrorist organization[118] and to identify any key leaders of terrorist organizations.[119] The Secretary of State was given authority to pay greater than $US5 million if he so determines it would prevent terrorist actions against the United States and Canada.[120] The DNA Analysis Backlog Elimination Act was amended to include terrorism or crimes of violence in the list of qualifying Federal offenses.[121] Another perceived obstacle was to allow Federal agencies to share information with Federal law enforcement agencies. Thus, the act now allows Federal officers who acquire information through electronic surveillance or physical searches to consult with Federal law enforcement officers to coordinate efforts to investigate or protect against potential or actual attacks, sabotage or international terrorism or clandestine intelligence activities by an intelligence service or network of a foreign power.[122]

Secret Service jurisdiction was extended to investigate computer fraud, access device frauds, false identification documents or devices, or any fraudulent activities against U.S. financial institutions.[123] The General Education Provisions Act was amended to allow the U.S. Attorney General or Assistant Attorney General to collect and retain educational records relevant to an authorized investigation or prosecution of an offense that is defined as a Federal crime of terrorism and which an educational agency or institution possesses. The Attorney General or Assistant Attorney General must “certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information [that a Federal crime of terrorism may be being committed].” An education institution that produces education records in response to such a request is given legal immunity from any liability that rises from such a production of records.[124]

One of the most controversial aspects of the USA PATRIOT Act is in title V, and relates to National Security Letters (NSLs). An NSL is a form of administrative subpoena used by the FBI, and reportedly by other U.S. government agencies including the CIA and the Department of Defense (DoD). It is a demand letter issued to a particular entity or organization to turn over various records and data pertaining to individuals. They require no probable cause or judicial oversight and also contain a gag order, preventing the recipient of the letter from disclosing that the letter was ever issued. Title V allowed the use of NSLs to be made by a Special Agent in charge of a Bureau field office, where previously only the Director or the Deputy Assistant Director of the FBI were able to certify such requests.[125] This provision of the Act was challenged by the ACLU on behalf of an unknown party against the U.S. government on the grounds that NSLs violate the First and Fourth Amendments of the U.S. Constitution because there is no way to legally oppose an NSL subpoena in court, and that it was unconstitutional not to allow a client to inform their Attorney as to the order because of the gag provision of the letters. The court’s judgement found in favour of the ACLU’s case, and they declared the law unconstitutional.[126] Later, the USA PATRIOT Act was reauthorized and amendments were made to specify a process of judicial review of NSLs and to allow the recipient of an NSL to disclose receipt of the letter to an attorney or others necessary to comply with or challenge the order.[127] However, in 2007 the U.S. District Court struck down even the reauthorized NSLs because the gag power was unconstitutional as courts could still not engage in meaningful judicial review of these gags.

Title VI: Victims and families of victims of terrorism

Title VI made amendments to the Victims of Crime Act of 1984 (VOCA) in order to make changes to how the U.S. Victims of Crime Fund was managed and funded. Changes were made to VOCA to improve the speedy provision of aid to families of public safety officers by expedited payments to officers or the families of officers. Under the changes, payments must be made no later than 30 days after the officer is injured or killed in the line of duty.[128] The Assistant Attorney General was given expanded authority under section 614 of the USA PATRIOT Act to make grants to any organization that administers any Office of Justice Programs, which includes the Public Safety Officers Benefits Program.[129] Further changes to the Victims of Crime Fund increased the amount of money in the Fund, and changed the way that funds were distributed.[130] The amount available for grants made through the Crime Victim Fund to eligible crime victim compensation programs were increased from 40 percent to 60 percent of the total in the Fund. A program can provide compensation to U.S. citizens who were adversely affected overseas.Means testing was also waived for those who apply for compensation.[131] Under VOCA, the Director may make an annual grant from the Crime Victims Fund to support crime victim assistance programs. An amendment was made to VOCA to include offers of assistance to crime victims in the District of Columbia, theCommonwealth of Puerto Rico, the United States Virgin Islands, and any other U.S. territory.[132] VOCA also provides for compensation and assistance to victims of terrorism or mass violence.[133] This was amended to allow the Director to make supplemental grants to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Federal, State, or local governments) and non-governmental organizations that provide assistance to victims of crime. The funds could be used to provide emergency relief, including crisis response efforts, assistance, compensation, training and technical assistance for investigations and prosecutions of terrorism.[134]

Title VII: Increased information sharing for critical infrastructure protection

Title VII has one section. The purpose of this title is to increase the ability of U.S. law enforcement to counter terrorist activity that crosses jurisdictional boundaries. It does this by amending the Omnibus Crime Control and Safe Streets Act of 1968 to include terrorism as a criminal activity.

Title VIII: Terrorism criminal law

Title VIII alters the definitions of terrorism, and establishes or re-defines rules with which to deal with it. It redefined the term “domestic terrorism” to broadly include mass destruction as well as assassination or kidnapping as a terrorist activity. The definition also encompasses activities that are “dangerous to human life that are a violation of the criminal laws of the United States or of any State” and are intended to “intimidate or coerce a civilian population,” “influence the policy of a government by intimidation or coercion,” or are undertaken “to affect the conduct of a government by mass destruction, assassination, or kidnapping” while in the jurisdiction of the United States.[135] Terrorism is also included in the definition of racketeering.[136] Terms relating to cyber-terrorism are also redefined, including the term “protected computer,” “damage,” “conviction,” “person,” and “loss.”[137]

New penalties were created to convict those who attack mass transportation systems. If the offender committed such an attack while no passenger was on board, they are fined and imprisoned for a maximum of 20 years. However, if the activity was undertaken while the mass transportation vehicle or ferry was carrying a passenger at the time of the offense, or the offense resulted in the death of any person, then the punishment is a fine and life imprisonment.[138] The title amends the biological weapons statute to define the use of a biological agent, toxin, or delivery system as a weapon, other than when it is used for “prophylactic, protective,bona fide research, or other peaceful purposes.” Penalties for anyone who cannot prove reasonably that they are using a biological agent, toxin or delivery system for these purposes are 10 years imprisonment, a fine or both.[139]

A number of measures were introduced in an attempt to prevent and penalize activities that are deemed to support terrorism. It was made a crime to harbor or conceal terrorists, and those who do are subject to a fine or imprisonment of up to 10 years, or both.[140] U.S. forfeiture law was also amended to allow authorities to seize all foreign and domestic assets from any group or individual that is caught planning to commit acts of terrorism against the U.S. or U.S. citizens. Assets may also be seized if they have been acquired or maintained by an individual or organization for the purposes of further terrorist activities.[141] One section of the Act (section 805) prohibited “material support” for terrorists, and in particular included “expert advice or assistance.”[142] This was struck down as unconstitutional by aU.S. Federal Court after the Humanitarian Law Project filed a civil action against the U.S. government. The court found that it violated the First and Fifth Amendments to the United States Constitution and the provision was so vague it would cause a person of average intelligence to have to guess whether they were breaking the law, thus leading to a potential situation where a person was charged for an offense that they had no way of knowing was illegal. The court found that this could potentially have the effect of allowing arbitrary and discriminatory enforcement of the law, as well as possible chilling effects on First Amendment rights.[143][144] Congress later improved the law by defining the definitions of the “material support or resources,” “training,” and “expert advise or resources.”[145]

Cyberterrorism was dealt with in various ways. Penalties apply to those who either damage or gain unauthorized access to a protected computer and then commit a number of offenses. These offenses include causing a person to lose an aggregate amount greater than US$5,000, as well as adversely affecting someone’s medical examination, diagnosis or treatment. It also encompasses actions that cause a person to be injured, a threat to public health or safety, or damage to a governmental computer that is used as a tool to administer justice, national defense or national security. Also prohibited was extortion undertaken via a protected computer. The penalty for attempting to damage protected computers through the use of viruses or other software mechanism was set to imprisonment for up to 10 years, while the penalty for unauthorized access and subsequent damage to a protected computer was increased to more than five years imprisonment. However, should the offense occur a second time, the penalty increases up to 20 years imprisonment.[146] The act also specified the development and support of cybersecurity forensic capabilities. It directs the Attorney General to establish regional computer forensic laboratories that have the capability of performing forensic examinations of intercepted computer evidence relating to criminal activity and cyberterrorism, and that have the capability of training and educating Federal, State, and local law enforcement personnel and prosecutors in computer crime, and to “facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including the use of multijurisdictional task forces.” The sum of $50,000,000 was authorized for establishing such labs.[147]

Title IX: Improved intelligence

Title IX amends the National Security Act of 1947 to require the Director of Central Intelligence (DCI) to establish requirements and priorities for foreign intelligence collected under FISA and to provide assistance to the United States Attorney General to ensure that information derived from electronic surveillance or physical searches is disseminated for efficient and effective foreign intelligence purposes.[148] With the exception of information that might jeopardize an ongoing law enforcement investigation, it was made a requirement that the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, disclose to the Director any foreign intelligence acquired by the U.S. Department of Justice. The Attorney General and Director of Central Intelligence were directed to develop procedures for the Attorney General to follow in order to inform the Director, in a timely manner, of any intention of investigating criminal activity of a foreign intelligence source or potential foreign intelligence source based on the intelligence tip-off of a member of the intelligence community. The Attorney General was also directed to develop procedures on how to best administer these matters.[149] International terrorist activities were made to fall within the scope of foreign intelligence under the National Security Act.[150]

A number of reports were commissioned relating to various intelligence-related government centers. One was commissioned into the best way of setting up theNational Virtual Translation Center, with the goal of developing automated translation facilities to assist with the timely and accurate translation of foreign intelligence information for elements of the U.S. intelligence community.[151] The USA PATRIOT Act required this to be provided on February 1, 2002, however the report, entitled “Director of Central Intelligence Report on the National Virtual Translation Center: A Concept Plan to Enhance the Intelligence Community’s Foreign Language Capabilities, April 29, 2002″ was received more than two months late, which the Senate Select Committee on Intelligence reported was “a delay which, in addition to contravening the explicit words of the statute, deprived the Committee of timely and valuable input into its efforts to craft this legislation.”[152] Another report was commissioned on the feasibility and desirability of reconfiguring the Foreign Terrorist Asset Tracking Center and the Office of Foreign Assets Control of the Department of the Treasury.[153] It was due by February 1, 2002 however, it was never written. The Senate Select Committee on Intelligence later complained that “[t]he Director of Central Intelligence and the Secretary of the Treasury failed to provide a report, this time in direct contravention of a section of the USA PATRIOT Act” and they further directed “that the statutorily-directed report be completed immediately, and that it should include a section describing the circumstances which led to the Director’s failure to comply with lawful reporting requirements.”[154]

Other measures allowed certain reports on intelligence and intelligence-related matters to be deferred until either February 1, 2002 or a date after February 1, 2002 if the official involved certified that preparation and submission on February 1, 2002, would impede the work of officers or employees engaged in counterterrorism activities. Any such deferral required congressional notification before it was authorized.[155] The Attorney General was charged with training officials in identifying and utilizing foreign intelligence information properly in the course of their duties. The government officials include those in the Federal Government who do not normally encounter or disseminate foreign intelligence in the performance of their duties, and State and local government officials who encounter, or potentially may encounter in the course of a terrorist event, foreign intelligence in the performance of their duties.[156] A sense of Congress was expressed that officers and employees of the intelligence community should be encouraged to make every effort to establish and maintain intelligence relationships with any person, entity, or group while they conduct lawful intelligence activities.[150]

Title X: Miscellaneous

Title X created or altered a number of miscellaneous laws that did not really fit into the any other section of the USA PATRIOT Act. Hazmat licenses were limited to drivers who pass background checks and who can demonstrate they can handle the materials.[157] The Inspector General of the Department of Justice was directed to appoint an official to monitor, review and report back to Congress all allegations of civil rights abuses against the DoJ.[158] It amended the definition of “electronic surveillance” to exclude the interception of communications done through or from a protected computer where the owner allows the interception, or is lawfully involved in an investigation.[159] Money laundering cases may now be brought in the district the money laundering was committed or where a money laundering transfer started from.[160] Aliens who committed money laundering were also prohibited from entering the U.S.[161] Grants were provided to first responders to assist them with responding to and preventing terrorism.[162] US$5,000,000 was authorized to be provided to the Drug Enforcement Administration (DEA) to train police inSouth and East Asia.[163] The Attorney General was directed to commission a study on the feasibility of using biometric identifiers to identify people as they attempt to enter the United States, and which would be connected to the FBI’s database to flag suspected criminals.[164] Another study was also commissioned to determine the feasibility of providing airlines names of suspected terrorists before they boarded flights.[165] The Department of Defense was given temporary authority to use their funding for private contracts for security purposes.[166] The last title also created a new Act called the Crimes Against Charitable Americans Act[167] which amended the Telemarketing and Consumer Fraud and Abuse Prevention Act to require telemarketers who call on behalf of charities to disclose the purpose and other information, including the name and mailing address of the charity the telemarketer is representing.[168] It also increased the penalties from one year imprisonment to five years imprisonment for those committing fraud by impersonating a Red Cross member.[169]

Reauthorizations

The USA PATRIOT Act was reauthorized by three bills. The first, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, was passed by both houses of Congress in July 2005. This bill reauthorized provisions of the USA PATRIOT Act and the Intelligence Reform and Terrorism Prevention Act of 2004. It created new provisions relating to the death penalty for terrorists,[170] enhancing security at seaports,[171] new measures to combat the financing of terrorism,[172]new powers for the Secret Service,[173] anti-methamphetamine initiatives[174] and a number of other miscellaneous provisions. The second reauthorization act, theUSA PATRIOT Act Additional Reauthorizing Amendments Act of 2006, amended the first and was passed in February 2006.

The first act reauthorized all but two of the provisions of Title II that would have expired. Two sections were changed to sunset on December 31, 2009: section 206—the roving wiretap provision—and section 215, which allowed access to business records under FISA. Section 215 was amended further regardless so as to give greater judicial oversight and review. Such orders were also restricted to be authorized by only the FBI Director, the FBI Deputy Director, or the Executive Assistant Director for National Security, and minimization procedures were specified to limit the dissemination and collection of such information. Section 215 also had a “gag” provision, which was changed to allow the defendant to contact their Attorney.[175] However, the change also meant that the defendant was also made to tell the FBI who he (or she) was disclosing the order to—this requirement was removed by the USA PATRIOT Act Additional Reauthorizing Amendments Act.[176]

On Saturday, February 27, 2010, President Barack Obama signed into law legislation that would temporarily extend for one year three controversial provisions of the Patriot Act that had been set to expire:[177] [178] [179]

  • Authorize court-approved roving wiretaps that permit surveillance on multiple phones.
  • Allow court-approved seizure of records and property in anti-terrorism operations.
  • Permit surveillance against a so-called lone wolf, a non-U.S. citizen engaged in terrorism who may not be part of a recognized terrorist group.[180]

In a vote on February 8, 2011, the House of Representatives considered a further extension of the Act through the end of 2011.[181] House leadership moved the extension bill under suspension of the rules, which is intended for noncontroversial legislation and requires two-thirds majority to pass.[181] After the vote, the extension bill did not pass; 277 members voted in favor, which was less than the 290 votes needed to pass the bill under suspension of the rules.[181] Without an extension, the Act was set to expire on February 28, 2011. However, it eventually passed, 275-144.[182] The FISA Sunsets Extension Act of 2011 was signed into law February 25, 2011.

On May 26, 2011, President Barack Obama used an Autopen to sign the PATRIOT Sunsets Extension Act of 2011, a four-year extension of three key provisions in the USA PATRIOT Act while he was in France:[2]roving wiretaps, searches of business records (the “library records provision“), and conducting surveillance of “lone wolves”—individuals suspected of terrorist-related activities not linked to terrorist groups.[3] Republican leaders[183] questioned if the use of the Autopen met the constitutional requirements for signing a bill into law.[184]

As NSL provisions of the USA PATRIOT Act had been struck by the courts[126] the reauthorization Act amended the law in an attempt to make them lawful. It provided for judicial review and the legal right of a recipient to challenge the validity of the letter. The reauthorization act still allowed NSLs to be closed and all evidence to be presented in camera and ex parte.[185] Gag provisions were maintained, but were not automatic. They only occurred when the Deputy Assistant Director of the FBI or a Special Agent in Charge in a Bureau field office certified that disclosure would result in “a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person”.[186] However, should there be no non-disclosure order, the defendant can disclose the fact of the NSL to anyone who can render them assistance in carrying out the letter, or to an attorney for legal advice. Again, however, the recipient was ordered to inform the FBI of such a disclosure.[186] Because of the concern over the chilling effects of such a requirement, the Additional Reauthorization Amendments Act removed the requirement to inform the FBI that the recipient spoke about the NSL to their Attorney.[187] Later, the Additional Reauthorization Amendments Act excluded libraries from receiving NSLs, except where they provide electronic communications services.[188] The reauthorization Act also ordered the Attorney General submit a report semi-annually to the House and Senate Judiciary Committees, the House and Senate Intelligence Committees and the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs on all NSL request made under the Fair Credit Reporting Act.[189]

Changes were made to the roving wiretap provisions of the USA PATRIOT Act. Applications and orders for such wiretaps must describe the specific target of the electronic surveillance if the identity of the target is not known. If the nature and location of each of the facilities or places targeted for surveillance is not known, then after 10 days the agency must provide notice to the court. The notice must include the nature and location of each new facility or place at which the electronic surveillance was directed. It must also describe the facts and circumstances relied upon by the applicant to justify the applicant’s belief that each new surveillance place or facility under surveillance is or was being used by the target of the surveillance. The applicant must also provide a statement detailing any proposed minimization procedures that differ from those contained in the original application or order, that may be necessitated by a change in the facility or place at which the electronic surveillance is directed. Applicants must detail the total number of electronic surveillances that have been or are being conducted under the authority of the order.[190]

Section 213 of the USA PATRIOT Act was modified. Previously it stated that delayed notifications would be made to recipients of “sneak and peek” searches in a “reasonable period”. This was seen as unreasonable, as it was undefined and could potentially be used indefinitely. Thus, the reauthorization act changed this to a period not exceeding 30 days after the date of the execution of the search warrant. Courts were given the opportunity to extend this period if they were provided good cause to do so. Section 213 states that delayed notifications could be issued if there is “reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result”. This was criticized, particularly by the ACLU, for allowing potential abuse by law enforcement agencies[191] and was later amended to prevent a delayed notification “if the adverse results consist only of unduly delaying a trial.”.[192] On September 26, 2007 the Sneak and Peak provisions of the USA PATRIOT ACT were struck down, however, by an Oregon US District Court in an opinion indicating the provisions gave too much power to the Executive in the face of the 4th Amendment.[193]

The reauthorization act also legislates increased congressional oversight for emergency disclosures by communication providers undertaken under section 212 of the USA PATRIOT Act.[194] The duration of FISA surveillance and physical search orders were increased. Surveillance performed against “lone wolf terrorists” under section 207 of the USA PATRIOT Act were increased to 120 days for an initial order, while pen registers and trap and trace device extensions under FISA were increased from 90 days to a year. The reauthorization act also increased congressional oversight, requiring a semi-annual report into physical searches and the use of pen registers and trap and trace devices under FISA.[195] The “lone wolf terrorist” provision (Section 207) was a sunset provision that also was to have expired, however this was enhanced by the Intelligence Reform and Terrorism Prevention Act of 2004. The reauthorization act extended the expiration date to December 31, 2009.[196] The amendment to material support law done in the Intelligence Reform and Terrorism Prevention Act[145] was also made permanent.[197] The definition of terrorism was further expanded to include receiving military-type training from a foreign terrorist organization and narcoterrorism.[198] Other provisions of the reauthorization act was to merge the law outlawing train wrecking (18 U.S.C. § 992) and the law outlawing attacks on mass transportation systems (18 U.S.C. § 1993) into a new section of Title 18 of the U.S. Code (18 U.S.C. § 1992) and also to criminalize the act of planning a terrorist attack against a mass transport system.[199][200] Forfeiture law was further changed and now assets within U.S. jurisdiction will be seized for illegally trafficking in nuclear, chemical, biological or radiological weapons technology or material, if such offense is punishable under foreign law by death or imprisonment for a term exceeding one year. Alternatively, this applies if similar punishment would be so punishable if committed within the U.S.[201] A sense of Congress was further expressed that victims of terrorism should be entitled to the forfeited assets of terrorists.[202]

Controversy

The USA PATRIOT Act has generated a great deal of controversy since its enactment.

Opponents of the Act have been quite vocal in asserting that it was passed opportunistically after the September 11 attacks, believing that there would have been little debate. They view the Act as one that was hurried through the Senate with little change before it was passed. (Senators Patrick Leahy and Russell Feingoldproposed amendments to modify the final revision.)[15][203][204]

The sheer magnitude of the Act itself was noted by Michael Moore in his controversial film Fahrenheit 9/11. In one of the scenes of the movie, he records Congressman Jim McDermott alleging that no Senator had read the bill[205] and John Conyers, Jr. as saying, “We don’t read most of the bills. Do you really know what that would entail if we read every bill that we passed?” Congressman Conyers then answers his own rhetorical question, asserting that if they did it would “slow down the legislative process”.[206] As a dramatic device, Moore then hired an ice-cream van and drove around Washington, D.C. with a loud speaker, reading out the Act to puzzled passers-by, which included a few Senators.[207]

However, Moore was not the only commentator to notice that not many people had read the Act. When Dahlia Lithwick and Julia Turne for Slate asked, “How bad is PATRIOT, anyway?”, they decided that it was “hard to tell” and stated:

The ACLU, in a new fact sheet challenging the DOJ Web site, wants you to believe that the act threatens our most basic civil liberties. Ashcroft and his roadies call the changes in law “modest and incremental.” Since almost nobody has read the legislation, much of what we think we know about it comes third-hand and spun. Both advocates and opponents are guilty of fear-mongering and distortion in some instances.[208]

One prime example of a controversy of the Patriot Act is shown in the case of Susan Lindauer.

Another is the recent court case United States v. Antoine Jones. A nightclub owner was linked to a drug trafficking stash house via a law enforcement GPS tracking device attached to his car. It was placed there without a warrant, which caused a serious conviction obstacle for federal prosecutors in court. Through the years the case rose all the way to the United States Supreme Court where the conviction was overturned in favor of the defendant. The court found that increased monitoring of suspects caused by such legislation like the Patriot Act directly put the suspects’ Constitutional rights in jeopardy.

The Electronic Privacy Information Center (EPIC) has criticized the law as unconstitutional, especially when “the private communications of law-abiding American citizens might be intercepted incidentally”,[209] while the Electronic Frontier Foundation held that the lower standard applied to wiretaps “gives the FBI a ‘blank check’ to violate the communications privacy of countless innocent Americans”.[48] Others do not find the roving wiretap legislation to be as concerning. Professor David D. Cole of the Georgetown University Law Center, a critic of many of the provisions of the Act, found that though they come at a cost to privacy are a sensible measure[210] while Paul Rosenzweig, a Senior Legal Research Fellow in the Center for Legal and Judicial Studies at the Heritage Foundation, argues that roving wiretaps are just a response to rapidly changing communication technology that is not necessarily fixed to a specific location or device.[211]

The Act also allows access to voicemail through a search warrant rather than through a title III wiretap order.[212] James Dempsey, of the CDT, believes that it unnecessarily overlooks the importance of notice under the Fourth Amendment and under a Title III wiretap,[213] and the EFF criticizes the provision’s lack of notice. However, the EFF’s criticism is more extensive—they believe that the amendment “is in possible violation of the Fourth Amendment to the U.S. Constitution” because previously if the FBI listened to voicemail illegally, it could not use the messages in evidence against the defendant.[214] Others disagree with these assessments. Professor Orin Kerr, of the George Washington University school of law, believes that the ECPA “adopted a rather strange rule to regulate voicemail stored with service providers” because “under ECPA, if the government knew that there was one copy of an unopened private message in a person’s bedroom and another copy on their remotely stored voicemail, it was illegal for the FBI to simply obtain the voicemail; the law actually compelled the police to invade the home and rifle through peoples’ bedrooms so as not to disturb the more private voicemail.” In Professor Kerr’s opinion, this made little sense and the amendment that was made by the USA PATRIOT Act was reasonable and sensible.[215][216]

The USA PATRIOT Act’s expansion of court jurisdiction to allow the nationwide service of search warrants proved controversial for the EFF.[217] They believe that agencies will be able to “‘shop’ for judges that have demonstrated a strong bias toward law enforcement with regard to search warrants, using only those judges least likely to say no—even if the warrant doesn’t satisfy the strict requirements of the Fourth Amendment to the Constitution”,[218] and that it reduces the likelihood that smaller ISPs or phone companies will try to protect the privacy of their clients by challenging the warrant in court—their reasoning is that “a small San Francisco ISP served with such a warrant is unlikely to have the resources to appear before the New York court that issued it.”[218] They believe that this is bad because only the communications provider will be able to challenge the warrant as only they will know about it—many warrants are issued ex parte, which means that the target of the order is not present when the order is issued.[218]

For a time, the USA PATRIOT Act allowed for agents to undertake “sneak and peek” searches.[43] Critics such as EPIC and the ACLU strongly criticized the law for violating the Fourth Amendment,[219] with the ACLU going so far as to release an advertisement condemning it and calling for it to be repealed.[220][221]

However supporters of the amendment, such as Heather Mac Donald, a fellow at the Manhattan Institute and contributing editor to the New York City Journal, expressed the belief that it was necessary because the temporary delay in notification of a search order stops terrorists from tipping off counterparts who are being investigated.[222]

In 2004, FBI agents used this provision to search and secretly examine the home of Brandon Mayfield, who was wrongfully jailed for two weeks on suspicion of involvement in the Madrid train bombings. While the U.S. Government did publicly apologize to Mayfield and his family,[223] Mayfield took it further through the courts. On September 26, 2007, Judge Ann Aiken found the law was, in fact, unconstitutional as the search was an unreasonable imposition on Mayfield and thus violated the Fourth Amendment.[44][45]

Laws governing the material support of terrorism proved contentious. It was criticized by the EFF for infringement of freedom of association. The EFF argues that had this law been enacted during Apartheid, U.S. citizens would not have been able to support the African National Congress (ANC) as the EFF believe the ANC would have been classed as a terrorist organization. They also used the example of a humanitarian social worker being unable to train Hamas members how to care for civilian children orphaned in the conflict between Israelis and Palestinians, a lawyer being unable to teach IRA members about international law, and peace workers being unable to offer training in effective peace negotiations or how to petition the United Nations regarding human rights abuses.[224]

Another group, the Humanitarian Law Project, also objected to the provision prohibiting “expert advise and assistance” to terrorists and filed a suit against the U.S. government to have it declared unconstitutional. They succeeded, and a Federal Court found that the law was vague enough to cause a reasonable person to guess whether they were breaking the law or not. Thus they found it violated the First Amendment rights of U.S. citizens, and struck it down.[143][144]

Perhaps one of the biggest controversies involved the use of NSLs by the FBI. Because they allow the FBI to search telephone, email, and financial records without a court order, they were criticized by many parties.[225][226][227][228] In November 2005, BusinessWeek reported that the FBI had issued tens of thousands of NSLs and had obtained one million financial, credit, employment, and in some cases, health records from the customers of targeted Las Vegas businesses. Selected businesses included casinos, storage warehouses and car rental agencies. An anonymous Justice official claimed that such requests were permitted under section 505 of the USA PATRIOT Act and despite the volume of requests insisted “We are not inclined to ask courts to endorse fishing expeditions”.[229] Before this was revealed, however, the ACLU challenged the constitutionality of NSLs in court. In April 2004, they filed suit against the government on behalf of an unknown Internet Service Provider who had been issued an NSL, for reasons unknown. In ACLU v. DoJ, the ACLU argued that the NSL violated the First and Fourth Amendments of the U.S. Constitution because the USA PATRIOT Act failed to spell out any legal process whereby a telephone or Internet company could try to oppose an NSL subpoena in court. The court agreed, and found that because the recipient of the subpoena could not challenge it in court it was unconstitutional.[126] Congress later tried to remedy this in a reauthorization Act, but because they did not remove the non-disclosure provision a Federal court again found NSLs to be unconstitutional because they prevented courts from engaging in meaningful judicial review.[230][231][232]

Another provision of the USA PATRIOT Act has caused a great deal of consternation amongst librarians. Section 215 allows the FBI to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. Among the “tangible things” that could be targeted, it includes “books, records, papers, documents, and other items”.[49]

Supporters of the provision point out that these records are held by third parties, and therefore are exempt from a citizen’s reasonable expectations of privacy and also maintain that the FBI has not abused the provision.[233] As proof, then Attorney General John Ashcroft released information in 2003 that showed that section 215 orders had never been used.[234]

However, despite protestations to the contrary, the American Library Association strongly objected to the provision, believing that library records are fundamentally different from ordinary business records, and that the provision would have a chilling effect on free speech. The association became so concerned that they formed a resolution condemning the USA PATRIOT Act, and which urged members to defend free speech and protect patrons’ privacy.[235]

They urged librarians to seek legal advice before complying with a search order and advised their members to only keeping records for as long as was legally needed.[236]

Consequently, reports started filtering in that librarians were shredding records to avoid having to comply with such orders.[237][238][239]

In 2005, Library Connection, a nonprofit consortium of 27 libraries in Connecticut, known as the Connecticut Four worked with the ACLU to lift a gag order for library records, challenging the government’s power under Section 505 to silence four citizens who wished to contribute to public debate on the PATRIOT Act. This case became known as Doe v. Gonzales. In May 2006, the government finally gave up its legal battle to maintain the gag order. In a summary of the actions of the Connecticut Four and their challenge to the USA PATRIOT Act, Jones (2009: 223) notes: “Librarians need to understand their country’s legal balance between the protection of freedom of expression and the protection of national security. Many librarians believe that the interests of national security, important as they are, have become an excuse for chilling the freedom to read.”[240]

Another controversial aspect of the USA PATRIOT Act is the immigration provisions that allow for the indefinite detention of any alien who the Attorney General believes may cause a terrorist act.[109] Before the USA PATRIOT Act was passed, Anita Ramasastry, an associate professor of law and a director of the Shidler Center for Law, Commerce, & Technology at the University of Washington School of Law in Seattle, Washington, accused the Act of depriving basic rights for immigrants to America, including legal permanent residents. She warned that “Indefinite detention upon secret evidence—which the USA PATRIOT Act allows—sounds more like Taliban justice than ours. Our claim that we are attempting to build an international coalition against terrorism will be severely undermined if we pass legislation allowing even citizens of our allies to be incarcerated without basic U.S. guarantees of fairness and justice.”[241] Many other parties have also been strongly critical of the provision. Russell Feingold, in a Senate floor statement, claimed that the provision “falls short of meeting even basic constitutional standards of due process and fairness [as it] continues to allow the Attorney General to detain persons based on mere suspicion”.[242] The University of California passed a resolution condemning (amongst other things) the indefinite detention provisions of the Act,[243] while the ACLU has accused the Act of giving the Attorney General “unprecedented new power to determine the fate of immigrants … Worse, if the foreigner does not have a country that will accept them, they can be detained indefinitely without trial.”[244]

Another controversial aspect of the USA PATRIOT Act is its effect on the privacy of Canadians living in the province of British Columbia (B.C.). British Columbia’s privacy commissioner raises concerns that the USA PATRIOT Act will allow the United States government to access Canadians’ private information, such as personal medical records, that are outsourced to American companies. Although the government of B.C. has taken measures to prevent United States authorities from obtaining information, the widespread powers of the USA PATRIOT Act could overcome legislation that is passed in Canada.[245] B.C. Privacy Commissioner David Loukidelis stated in a report on the consequences of the USA PATRIOT Act, “once information is sent across borders, it’s difficult, if not impossible, to control”.[246]

In an effort to maintain their privacy, British Columbia placed amendments on the Freedom of Information and Protection of Privacy Act (FOIPPA), which was enacted as law on October 21, 2004. These amendments aim to place more firm limitations on “storing, accessing, and disclosing of B.C. public sector data by service providers.”[247] These laws only pertain to public sector data and do not cover trans-border or private sector data in Canada. The public sector establishments include an estimated 2,000 “government ministries, hospitals, boards of health, universities and colleges, school boards, municipal governments and certain Crown corporations and agencies.”[247] In response to these laws, many companies are now specifically opting to host their sensitive data outside the United States.[248]

Legal action has been taken in Nova Scotia to protect the province from the USA PATRIOT Act’s data collecting methods. On November 15, 2007 the government of Nova Scotia passed a legislation aimed to protect Nova Scotians’ personal information from being brought forward by the USA PATRIOT Act. The act was entitled “The new Personal Information International Disclosure Protection Act”. The goal of the act is to establish requirements to protect personal information from being revealed, as well as punishments for failing to do so. Justice Minister Murray Scott stated, “This legislation will help ensure that Nova Scotians’ personal information will be protected. The act outlines the responsibilities of public bodies, municipalities and service providers and the consequences if these responsibilities are not fulfilled.”[216][249] In the 1980s, the Bank of Nova Scotia was the center of an early, pre-Internet data-access case that led to the disclosure of banking records.[citation needed]

After suspected abuses of the USA PATRIOT Act were brought to light in June 2013 with articles about collection of American call records by the NSA and thePRISM program (see 2013 mass surveillance disclosures), Representative Jim Sensenbrenner, Republican of Wisconsin, who introduced the Patriot Act in 2001, said that the National Security Agency overstepped its bounds.[250] He released a statement saying “While I believe the Patriot Act appropriately balanced national security concerns and civil rights, I have always worried about potential abuses.” He added: “Seizing phone records of millions of innocent people is excessive and un-American.”[250][251]

See also

Fourth Amendment

FOURTH AMENDMENT: AN OVERVIEW

I. INTERESTS PROTECTED

The Fourth Amendment of the U.S. Constitution provides, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and noWarrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The ultimate goal of this provision is to protect people’s right to privacy and freedom from arbitrary governmental intrusions.  Private intrusions not acting in the color of governmental authority are exempted from the Fourth Amendment.

To have standing to claim protection under the Fourth Amendment, one must first demonstrate an expectation of privacy, which is not merely a subjective expectation in mind but an expectation that society is prepared to recognized as reasonable under the circumstances.  For instance, warrantless searches of private premises are mostly prohibited unless there are justifiable exceptions; on the other hand, a warrantless seizure of abandoned property usually does not violate the Fourth Amendment.  Moreover, the Fourth Amendment protection does not expand to governmental intrusion and information collection conducted upon open fields.  An Expectation of privacy in an open field is not considered reasonable.  However, there are some exceptions where state authorities granted protection to open fields.

A bivens action can be filed against federal law enforcement officials for damages resulting from an unlawfulsearch and seizure.  States can always establish higher standards for searches and seizures than the Fourth Amendment requires, but states cannot allow conduct that violates the Fourth Amendment.

The protection under the Fourth Amendment can be waived if one voluntarily consents to or does not object to evidence collected during a warrantless search or seizure.

II. SEARCHES AND SEIZURES UNDER FOURTH AMENDMENT

The courts must determine what constitutes a search or seizure under the Fourth Amendment.  If the conduct challenged does not fall within the Fourth Amendment, the individual will not enjoy protection under Fourth Amendment.

A. Search

A search under Fourth Amendment occurs when a governmental employee or agent of the government violates an individual’s reasonable expectation of privacy.

Strip searches and visual body cavity searches, including anal or genital inspections, constitute reasonablesearches under the Fourth Amendment when supported by probable cause and conducted in a reasonablemanner.

dog-sniff inspection is invalid under the Fourth Amendment if the the inspection violates a reasonableexpectation of privacyElectronic surveillance is also considered a search under the Fourth Amendment.

B. Seizure of a Person

A seizure of a person, within the meaning of the Fourth Amendment, occurs when the police’s conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at his will.

Two elements must be present to constitute a seizure of a person.  First, there must be a show of authority by the police officer.  Presence of handcuffs or weapons, the use of forceful language, and physical contact are each strong indicators of authority.  Second, the person being seized must submit to the authority.  An individual who ignores the officer’s request and walks away has not been seized for Fourth Amendmentpurposes.

An arrest warrant is preferred but not required to make a lawful arrest under the Fourth Amendment.  Awarrantless arrest may be justified where probable cause and urgent need are present prior to the arrest.  Probable cause is present when the police officer has a reasonable belief in the guilt of the suspect based on the facts and information prior to the arrest.  For instance, a warrantless arrest may be legitimate in situations where a police officer has a probable belief that a suspect has either committed a crime or is a threat to the public security.  Also, a police officer might arrest a suspect to prevent the suspect’s escape or to preserve evidence.  A warrantless arrest may be invalidated if the police officer fails to demonstrate exigent circumstances.

The ability to make warrantless arrests are commonly limited by statutes subject to the due process guaranty of the U.S. Constitution.  A suspect arrested without a warrant is entitled to prompt judicial determination, usually within 48 hours.

There are investigatory stops that fall short of arrests, but nonetheless, they fall within Fourth Amendment protection. For instance, police officers can perform a terry stop or a traffic stop.  Usually, these stops provide officers with less dominion and controlling power and impose less of an infringement of personal liberty for individual stopped.  Investigatory stops must be temporary questioning for limited purposes and conducted in a manner necessary to fulfill the purpose.

An officer’s reasonable suspicion is sufficient to justify brief stops and detentions.  To determine if the officer has met the standard to justify the seizure, the court takes into account the totality of the circumstances and examines whether the officer has a particularized and reasonable belief for suspecting the wrongdoing.  Probable cause gained during stops or detentions might effectuate a subsequent warrantless arrest.

C. Seizure of Property

A seizure of property, within the meaning of the Fourth Amendment, occurs when there is some meaningful interference with an individual’s possessory interests in the property.

In some circumstances, warrantless seizures of objects in plain view do not constitute seizures within the meaning of Fourth Amendment.  When executing a search warrant, an officer might be able to seize an item observed in plain view even if it is not specified in the warrant.

III. WARRANT REQUIREMENT

A search or seizure is generally unreasonable and illegal without a warrant, subject to only a few exceptions.

To obtain a search warrant or arrest warrant, the law enforcement officer must demonstrate probable cause that a search or seizure is justified.  An authority, usually a magistrate, will consider the totality of circumstances and determine whether to issue the warrant.

The warrant requirement may be excused in exigent circumstances if an officer has probable cause and obtaining a warrant is impractical.  For instance, in State v. Helmbright 990 N.E.2d 154, Ohio court held that a warrantless search of probationer’s person or place of residence complies with the Fourth Amendment if the officer who conducts the search possesses “reasonable grounds” to believe that the probationer has failed to comply with the terms of his probation.

Other well-established exceptions to the warrant requirement include consensual searches, certain briefinvestigatory stops, searches incident to a valid arrest, and seizures of items in plain view.

There is no general exception to the Fourth Amendment warrant requirement in national security cases. Warrantless searches are generally not permitted in exclusively domestic security cases.  In foreign security cases, court opinions might differ on whether to accept the foreign security exception to warrant requirement generally and, if accepted, whether the exception should include both physical searches and electronic surveillance.

IV. REASONABLENESS REQUIREMENT

All searches and seizures under Fourth Amendment must be reasonable.  No excessive force shall be used.  Reasonableness is the ultimate measure of the constitutionality of a search or seizure.

Searches and seizures with a warrant satisfy the reasonableness requirement.  Warrantless searches and seizures are presumed to be unreasonable unless they fall within a few exceptions.

In cases of warrantless searches and seizures, the court will try to balance the degree of intrusion on the individual’s right to privacy and the need to promote government interests and special needs.  The court will examine the totality of the circumstances to determine if the search or seizure was justified.  When analyzing the reasonableness standard, the court uses an objective assessment and considers factors including the degree of intrusion by the search or seizure and the manner in which the search or seizure is conducted.
V. EXCLUSIONARY RULE

Under the exclusionary rule, any evidence obtained in violation of the Fourth Amendment will be excluded from criminal proceedings.  There are a few exceptions to this rule.

VI. ELECTRONIC SURVEILLANCE

In recent years, the Fourth Amendment‘s applicability in electronic searches and seizures has received much attention from the courts.  With the advent of the internet and increased popularity of computers, there has been an increasing amount of crime occurring electronically.  Consequently, evidence of such crime can often be found on computers, hard drives, or other electronic devices.  The Fourth Amendment applies to the search and seizure of electronic devices.

Many electronic search cases involve whether law enforcement can search a company-owned computer that an employee uses to conduct business. Although the case law is split, the majority holds that employees do not have a legitimate expectation of privacy with regard to information stored on a company-owned computer.  In the 2010 case of City of Ontario v. Quon (08-1332), the Supreme Court extended this lack of an expectation of privacy to text messages sent and received on an employer-owned pager.

Lately, electronic surveillance and wiretapping has also caused a significant amount of Fourth Amendmentlitigation.

VII. THE USA PATRIOT ACT

Following the September 11, 2001 attacks on the World Trade Center and the Pentagon, Congress and the President enacted legislation to strengthen the intelligence gathering community’s ability to combat domestic terrorism.  Entitled the USA Patriot Act, the legislation’s provisions aimed to increase the ability of law enforcement to search email and telephonic communications in addition to medical, financial, and library records.

One provision permits law enforcement to obtain access to stored voicemails by obtaining a basic search warrant rather than a surveillance warrant.  Obtaining a basic search warrant requires a much lower evidentiary showing.  A highly controversial provision of the Act includes permission for law enforcement to use sneak-and-peak warrants.  A sneak-and-peak warrant is a warrant in which law enforcement can delay notifying the property owner about the warrant’s issuance.  In an Oregon federal district court case that drew national attention, Judge Ann Aiken struck down the use of sneak-and-peak warrants as unconstitutional and in violation of the Fourth Amendment.  See 504 F.Supp.2d 1023 (D. Or. 2007).

The Patriot Act also expanded the practice of using National Security Letters (NSL).  An NSL is an administrative subpoena that requires certain persons, groups, organizations, or companies to provide documents about certain persons.  These documents typically involve telephone, email, and financial records.  NSLs also carry a gag order, meaning the person or persons responsible for complying cannot mention the existence of the NSL.  Under the Patriot Act provisions, law enforcement can use NSLs when investigating U.S. citizens, even when law enforcement does not think the individual under investigation has committed a crime.  The Department of Homeland Security has used NSLs frequently since its inception.  By using an NSL, an agency has no responsibility to first obtain a warrant or court order before conducting its search of records.

See constitutional amendment.

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First Official Explosive Documentation From Defense Intelligence Agency (DIA) — Profiles in Deceit — Obama And Clinton Lying To The Families That Died in Benghazi and The American People — Why? Coverup of CIA Covert Operation Including Supervision of Arms Shipments Through Third Party Cutout To Syrian Rebels Including Al Qaeda and Islamic Jihadist Terrorists (Now Islamic State) And Win Second Term For Obama and First Term For Hillary Clinton — Both Incompetent and Untrustworthy Leftist Liars — Impeach Obama Now! — Videos

Posted on May 22, 2015. Filed under: Ammunition, Articles, Blogroll, Business, Central Intelligence Agency (CIA), Communications, Constitution, Corruption, Defense Intelligence Agency (DIA), Defense Intelligence Agency (DIA), Drones, Economics, Energy, Faith, Family, Federal Government, government, government spending, Islam, Law, liberty, Life, Links, media, Natural Gas, Natural Gas, Oil, Oil, People, Philosophy, Pistols, Quotations, Rants, Raves, Religion, Resources, Rifles, Security, Shite, Sunni, War, Wealth, Weapons, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Pronk Pops Show 467 May 19, 2015 

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Pronk Pops Show 457 April 30, 2015 

Pronk Pops Show 456: April 29, 2015 

Pronk Pops Show 455: April 28, 2015

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Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

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Pronk Pops Show 410: February 4, 2015

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Story 1: First Official Explosive  Documentation From Defense Intelligence Agency (DIA)  — Profiles in Deceit — Obama And Clinton Lying To The Families That Died in Benghazi and The American People — Why? Coverup of CIA Covert Operation Including Supervision of Arms Shipments Through Third Party Cutout To Syrian Rebels Including Al Qaeda and Islamic Jihadist Terrorists (Now Islamic State) And Win Second Term For Obama and First Term For Hillary Clinton — Both Incompetent and Untrustworthy Leftist Liars — Impeach Obama Now! — Videos

Defense Intelligence Agency (DIA), dated September 12, 2012, the day after the Benghazi attack

The attack was planned ten or more days prior on approximately 01 September 2012. The intention was to attack the consulate and to kill as many Americans as possible to seek revenge for U.S. killing of Aboyahiye ((ALALIBY)) in Pakistan and in memorial of the 11 September 2001 atacks on the World Trade Center buildings.

Weapons from the former Libya military stockpiles were shipped from the port of Benghazi, Libya to the Port of Banias and the Port of Borj Islam, Syria. The weapons shipped during late-August 2012 were Sniper rifles, RPG’s, and 125 mm and 155mm howitzers missiles.

During the immediate aftermath of, and following the uncertainty caused by, the downfall of the ((Qaddafi)) regime in October 2011 and up until early September of 2012, weapons from the former Libya military stockpiles located in Benghazi, Libya were shipped from the port of Benghazi, Libya to the ports of Banias and the Port of Borj Islam, Syria. The Syrian ports were chosen due to the small amount of cargo traffic transiting these two ports. The ships used to transport the weapons were medium-sized and able to hold 10 or less shipping containers of cargo.

The weapons shipped from Syria during late-August 2012 were Sniper rifles, RPG’s and 125mm and 155mm howitzers missiles.  The numbers for each weapon were estimated to be: 500 Sniper rifles, 100 RPG launchers with 300 total rounds, and approximately 400 howitzers missiles [200 ea – 125mm and 200ea – 155 mm.]

The deterioration of the situation has dire consequences on the Iraqi situation and are as follows:

This creates the ideal atmosphere for AQI [al Qaeda Iraq] to return to its old pockets in Mosul and Ramadi, and will provide a renewed momentum under the presumption of unifying the jihad among Sunni Iraq and Syria, and the rest of the Sunnis in the Arab world against what it considers one enemy, the dissenters. ISI could also declare an Islamic state through its union with other terrorist organizations in Iraq and Syria, which will create grave danger in regards to unifying Iraq and the protection of its territory.

US Intel knew about weapons going from Benghazi to Syria

Daily News Collective For May 19, 2015

Hillary Clinton Fires Back Over Benghazi Select Committee On The Record

Hillary’s Benghazi Lies Exposed!

Hillary Clinton feigned ignorance when she was questioned about the Benghazi gun-running program by Senator Rand Paul in January 2013.

However, explosive new documents obtained by Judicial Watch prove conclusively that US intelligence agencies were fully aware weapons were being transferred from Libya to Syria before the attack.

That’s not the only Benghazi fact given the spin by the Obama Administration.

Help us spread the word about the liberty movement, we’re reaching millions help us reach millions more. Share the free live video feed link with your friends & family: http://www.infowars.com/show

Military intel predicted rise of ISIS in 2012, detailed arms shipments from Benghazi to Syria

Rep. Mike Pompeo Discusses 13 Hours At Benghazi

(FULL) 13 Hours in Benghazi: Fox News Special Report

Benghazi: The Truth Behind the Smokescreen

Herridge: Fmr. CIA Director Morell May Have Altered Benghazi Talking Points to Benefit Obama Admin

The Truth About How The US Will Save Syria

CNN Benghazi Claims: Report alleges CIA operatives in Libya were sending weapons to Syrian rebels

Retired Lt Gen Jerry Boykin suspects US Was Running Guns To Syrian Rebels Via Benghazi

SYRIA CNBC: Benghazi Is Not About Libya But An Operation To Put Arms & Men In Syria

Former CIA Spy: Benghazi Was CIA Operation

Benghazi Bombshell: Insiders Confirm CIA Sent Missiles to FSA Rebels

Judge Jeanine Pirro Opening Statement President Obama’s Benghazi Attack Claims

Judicial Watch: Defense, State Department Documents Reveal Obama Administration Knew that al Qaeda Terrorists Had Planned Benghazi Attack 10 Days in Advance

Administration knew three months before the November 2012 presidential election of ISIS plans to establish a caliphate in Iraq 

Administration knew of arms being shipped from Benghazi to Syria

(Washington, DC) – Judicial Watch announced today that it obtained more than 100 pages of previously classified “Secret” documents from the Department of Defense (DOD)and the Department of State revealing that DOD almost immediately reported that the attack on the U.S. Consulate in Benghazi was committed by the al Qaeda and Muslim Brotherhood-linked “Brigades of the Captive Omar Abdul Rahman” (BCOAR), and had been planned at least 10 days in advance. Rahman is known as the Blind Sheikh, and is serving life in prison for his involvement in the 1993 World Trade Center bombing and other terrorist acts.  The new documents also provide the first official confirmation that shows the U.S. government was aware of arms shipments from Benghazi to Syria.  The documents also include an August 2012 analysis warning of the rise of ISIS and the predicted failure of the Obama policy of regime change in Syria.

The documents were released in response to a court order in accordance with a May 15, 2014, Freedom of Information Act (FOIA) lawsuit filed against both the DOD and State Department seeking communications between the two agencies and congressional leaders “on matters related to the activities of any agency or department of the U.S. government at the Special Mission Compound and/or classified annex in Benghazi.”

Spelling and punctuation is duplicated in this release without corrections.

Defense Department document from the Defense Intelligence Agency (DIA), dated September 12, 2012, the day after the Benghazi attack, details that the attack on the compound had been carefully planned by the BOCAR terrorist group “to kill as many Americans as possible.”  The document was sent to then-Secretary of State Hillary Clinton, then-Defense Secretary Leon Panetta, the Joint Chiefs of Staff and the Obama White House National Security Council.  The heavily redacted Defense Department “information report” says that the attack on the Benghazi facility “was planned and executed by The Brigades of the Captive Omar Abdul Rahman (BCOAR).”  The group subscribes to “AQ ideologies:”

The attack was planned ten or more days prior on approximately 01 September 2012. The intention was to attack the consulate and to kill as many Americans as possible to seek revenge for U.S. killing of Aboyahiye ((ALALIBY)) in Pakistan and in memorial of the 11 September 2001 atacks on the World Trade Center buildings.

“A violent radical,” the DIA report says, is “the leader of BCOAR is Abdul Baset ((AZUZ)), AZUZ was sent by ((ZAWARI)) to set up Al Qaeda (AQ) bases in Libya.”  The group’s headquarters was set up with the approval of a “member of the Muslim brother hood movement…where they have large caches of weapons.  Some of these caches are disguised by feeding troughs for livestock.  They have SA-7 and SA-23/4 MANPADS…they train almost every day focusing on religious lessons and scriptures including three lessons a day of jihadist ideology.”

The Defense Department reported the group maintained written documents, in “a small rectangular room, approximately 12 meters by 6 meters…that contain information on all of the AQ activity in Libya.”

(Azuz is again blamed for the Benghazi attack in an October 2012 DIA document.)

The DOD documents also contain the first official documentation that the Obama administration knew that weapons were being shipped from the Port of Benghazi to rebel troops in Syria. An October 2012 report confirms:

Weapons from the former Libya military stockpiles were shipped from the port of Benghazi, Libya to the Port of Banias and the Port of Borj Islam, Syria. The weapons shipped during late-August 2012 were Sniper rifles, RPG’s, and 125 mm and 155mm howitzers missiles.

During the immediate aftermath of, and following the uncertainty caused by, the downfall of the ((Qaddafi)) regime in October 2011 and up until early September of 2012, weapons from the former Libya military stockpiles located in Benghazi, Libya were shipped from the port of Benghazi, Libya to the ports of Banias and the Port of Borj Islam, Syria. The Syrian ports were chosen due to the small amount of cargo traffic transiting these two ports. The ships used to transport the weapons were medium-sized and able to hold 10 or less shipping containers of cargo.

The DIA document further details:

The weapons shipped from Syria during late-August 2012 were Sniper rifles, RPG’s and 125mm and 155mm howitzers missiles.  The numbers for each weapon were estimated to be: 500 Sniper rifles, 100 RPG launchers with 300 total rounds, and approximately 400 howitzers missiles [200 ea – 125mm and 200ea – 155 mm.]

The heavily redacted document does not disclose who was shipping the weapons.

Another DIA report, written in August 2012 (the same time period the U.S. was monitoring weapons flows from Libya to Syria), said that the opposition in Syria was driven by al Qaeda and other extremist Muslim groups: “the Salafist, the Muslim Brotherhood, and AQI are the major forces driving the insurgency in Syria.” The growing sectarian direction of the war was predicted to have dire consequences for Iraq, which included the “grave danger” of the rise of ISIS:

The deterioration of the situation has dire consequences on the Iraqi situation and are as follows:

This creates the ideal atmosphere for AQI [al Qaeda Iraq] to return to its old pockets in Mosul and Ramadi, and will provide a renewed momentum under the presumption of unifying the jihad among Sunni Iraq and Syria, and the rest of the Sunnis in the Arab world against what it considers one enemy, the dissenters. ISI could also declare an Islamic state through its union with other terrorist organizations in Iraq and Syria, which will create grave danger in regards to unifying Iraq and the protection of its territory.

Some of the “dire consequences” are blacked out but the DIA presciently warned one such consequence would be the “renewing facilitation of terrorist elements from all over the Arab world entering into Iraqi Arena.”

From a separate lawsuit, the State Department produced a document created the morning after the Benghazi attack by Hillary Clinton’s offices, and the Operations Center in the Office of the Executive Secretariat that was sent widely through the agency, including to Joseph McManus (then-Hillary Clinton’s executive assistant).  At 6:00 am, a few hours after the attack, the top office of the State Department sent a “spot report” on the “Attack on U.S. Diplomatic Mission in Benghazi” that makes no mention of videos or demonstrations:

Four COM personnel were killed and three were wounded in an attack by dozens of fighters on the U.S. Diplomatic Mission in Benghazi beginning approximately 1550 Eastern Time….

The State Department has yet to turn over any documents from the secret email accounts of Hillary Clinton and other top State Department officials.

“These documents are jaw-dropping. No wonder we had to file more FOIA lawsuits and wait over two years for them.  If the American people had known the truth – that Barack Obama, Hillary Clinton and other top administration officials knew that the Benghazi attack was an al-Qaeda terrorist attack from the get-go – and yet lied and covered this fact up – Mitt Romney might very well be president. And why would the Obama administration continue to support the Muslim Brotherhood even after it knew it was tied to the Benghazi terrorist attack and to al Qaeda? These documents also point to connection between the collapse in Libya and the ISIS war – and confirm that the U.S. knew remarkable details about the transfer of arms from Benghazi to Syrian jihadists,” stated Tom Fitton, Judicial Watch president.  “These documents show that the Benghazi cover-up has continued for years and is only unraveling through our independent lawsuits. The Benghazi scandal just got a whole lot worse for Barack Obama and Hillary Clinton.”

http://www.judicialwatch.org/press-room/press-releases/judicial-watch-defense-state-department-documents-reveal-obama-administration-knew-that-al-qaeda-terrorists-had-planned-benghazi-attack-10-days-in-advance/

The Worst Day of Hillary Clinton’s Campaign

So far!

8:04 AM, MAY 19, 2015 • BY STEPHEN F. HAYES
Hillary Clinton had a very bad day.

In fact, she’s had a series of bad days since she announced her presidential bid April 12. But Monday was the worst of them.

In a bombshell report, the New York Times reported that Clinton, as secretary of state, used her private email to share private intelligence reports from noted conspiracy theorist and political hitman Sidney Blumenthal, at a time when Blumenthal was being paid by the Clinton Foundation and liberal political organizations that helped lay the groundwork for Clinton’s presidential campaign.

The emails included reports on Libya at a time when Blumenthal was seeking business in the country and included dubious information. The Times reported that Clinton nonetheless “took Mr. Blumenthal’s advice seriously” and “continued to pass around his emails even after other senior diplomats concluded that Mr. Blumenthal’s assessments were often unreliable.”

A second story about Clinton and Libya broke the same day, this one casting further doubt on the Obama administration’s narrative about the attacks on U.S. facilities in Benghazi on September 11, 2012, and specifically on claims Clinton made about nature of those attacks and motivations of the attackers. An intelligence report prepared by the Defense Intelligence Agency and sent to Clinton and other senior administration officials on September 12, 2012, just one day after the attacks, concluded that the attack “was planned ten or more days” in advance and was meant to “kill as many Americans as possible.” The report identifies al Qaeda-linked terrorists believed to have been involved in the assault.

Despite this, the Obama administration crafted a public narrative that the attack had evolved from a “spontaneous” protest over a YouTube video and included a wide range of individuals. Clinton cited the video in remarks at a memorial service on September 14, 2012, for those killed in the attacks. She told members of the victims’ families that the administration would bring to justice those responsible for the video. The DIA report and several other Benghazi-related documents were released to Judicial Watch pursuant to a court order in response to a FOIA request.

The DIA report further undermines the administration’s already-tattered claims that its public case was based on intelligence assessments. Emails released in response to a previous Judicial Watch requestshowed that the White House had drafted a set of political talking points that sought to blame the video and not administration policy.

That the DIA report was not released as a result of any previous Benghazi investigations raises additional questions about the administration’s unwillingness to turn over documents related to the attacks and how comprehensive those previous investigations have been. Many of the revelations that have undermined administration claims about Benghazi have come outside of the regular congressional oversight efforts, in part because of the administration’s disinclination to cooperate and in part because of the half-hearted inquiries led by the committees of jurisdiction.

Administration defenders and many in the media claimed that an additional investigation of Benghazi would be unnecessary because of these previous efforts. But these recent revelations validate the decision of House speaker John Boehner to create a select committee and make clear that there is still much more to learn. The State Department only recently turned over documents related to the State Department’s Administrative Review Board examination of Benghazi. The House Oversight Committee first requested those documents more than two years ago – on January 28, 2013. The Benghazi Select Committee is still waiting for reams of documents from the White House, the Pentagon, and the State Department.

Beyond that, of course, are questions about emails and documents that the public may never see because Hillary Clinton used private emails to circumvent the record retention requirements of the U.S. government. The committee is examining all options in its attempt to find or recover those discarded emails.

It has been nearly a month since Hillary Clinton took questions from the media. And with the growing stench of scandal it’s likely that she’ll continue to seek to avoid circumstances that might require her to provide answers. That’s a short-term solution to a long-term problem. And even a media that is ideologically sympathetic is showing signs of frustration with her games.

Hillary Clinton has more bad days ahead.

http://www.weeklystandard.com/blogs/worst-day-hillary-clintons-campaign_950416.html?page=2

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Breaking News — Tsarnaev Sentenced To Death — Bring Back Prompt Public Executions — Hillary Clinton’s War On Babies A Woman’s Right To Kill Her Baby In The Womb — We Need To Kill More Black Babies? — Black Genocide and Eugenics Through Planned Parenthood — Videos

Posted on May 21, 2015. Filed under: American History, Articles, Babies, Blogroll, British History, Business, Catholic Church, Communications, Constitution, Coptic Christian, Corruption, Culture, Demographics, Diasters, Documentary, Economics, Education, European History, Faith, Family, Federal Government, Federal Government Budget, Fiscal Policy, Food, Freedom, Friends, Genocide, government, government spending, history, Homes, IRS, Islam, Language, liberty, Life, Links, Literacy, media, Medicine, Middle East, Music, Music, People, Philosophy, Photos, Police, Politics, Press, Psychology, Quotations, Radio, Rants, Raves, Regulations, Religion, Religious, Religious, Reviews, Science, Speech, Talk Radio, Tax Policy, Taxes, Technology, Video, War, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 465 May 15, 2015

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Pronk Pops Show 463 May 13, 2015

Pronk Pops Show 462 May 8, 2015

Pronk Pops Show 461 May 7, 2015

Pronk Pops Show 460 May 6, 2015

Pronk Pops Show 459 May 4, 2015 

Pronk Pops Show 458 May 1, 2015 

Pronk Pops Show 457 April 30, 2015 

Pronk Pops Show 456: April 29, 2015 

Pronk Pops Show 455: April 28, 2015

Pronk Pops Show 454: April 27, 2015

Pronk Pops Show 453: April 24, 2015

Pronk Pops Show 452: April 23, 2015 

Pronk Pops Show 451: April 22, 2015

Pronk Pops Show 450: April 21, 2015

Pronk Pops Show 449: April 20, 2015

Pronk Pops Show 448: April 17, 2015

Pronk Pops Show 447: April 16, 2015

Pronk Pops Show 446: April 15, 2015

Pronk Pops Show 445: April 14, 2015

Pronk Pops Show 444: April 13, 2015

Pronk Pops Show 443: April 9, 2015

Pronk Pops Show 442: April 8, 2015

Pronk Pops Show 441: April 6, 2015

Pronk Pops Show 440: April 2, 2015

Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Story 1: Breaking News — Tsarnaev Sentenced To Death — Bring Back Prompt Public Executions — Hillary Clinton’s War On Babies A Woman’s Right To Kill Her Baby In The Womb — We Need To Kill More Black Babies? — Black Genocide and Eugenics Through Planned Parenthood — Videos

Abortion — Killing Babies in The Womb

“it’s not enough to legalize the procedure.

Far too many women are denied access to reproductive health care and safe childbirth, and laws don’t count for much if they’re not enforced.

And deep-seated cultural codes, religious beliefs and structural biases have to be changed.’

~ Hillary Clinton

I admire Margaret Sanger enormously, her courage, her tenacity, her vision,”

“I am really in awe of her, there are a lot of lessons we can learn from her life”

~ Hillary Clinton

Boston Marathon bomber Dzhokhar Tsarnaev sentenced to death

Boston Bomber Dzhokhar Tsarnaev Sentenced to Death

Boston Marathon Bomber “Dzhokhar Tsarnaev” Gets Death Penalty!

WestVirginia @150 – The Last Public Hanging in West Virginia 1897

Execution of N. Korea defense chief shows cruelty of regime: U.S. State Department

Hillary Clinton Says Religious Beliefs About Abortion Have to be Changed

Would Girl Scouts Want Cookie Ovens Heated with Aborted Kids?

Eugenics, Planned Parenthood & Psychology, Mind Control

Sex Control Police State, Eugenics, Galton, Kantsaywhere, Mind Control Report

The American Eugenics Society and Adolf Hitler: Making the blueprint for a genetic revolution

PJTV — Forgotten Newsreel History: Margaret Sanger Declaring ‘No More Babies’

Margaret Sanger, Planned Parenthood’s Racist Founder

Dr Angela Franks- Planned Parenthood:Everything You Didn’t Know

Hillary Clinton admires Margaret Sanger’s Planned Parenthood

Beck Reveals Hillary’s Misinformation About Margaret Sanger (Eugenics) & Thomas Jefferson (Slaves)

Planned Parenthood Exposed

The “exterminator” Planned Parenthood and Margaret Sanger

VERY REVEALING Margaret Sanger Interview MUST SEE ! PLANNED PARENTHOOD

Abortion and Black Genocide (Barack Obama and the Negro Project)

Eugenics in America: Then & Now

Eugenics Glenn Beck w/ Edwin Black author of “War Against the Weak” talk Al Gore & Margaret Sanger

EUGENICS! PLANNED PARENTHOOD’s ROOTS &Socialism’s Ideology

MAAFA 21 [A documentary on eugenics and genocide]

American Eugenics movement, the truth is here, must see!

Scientific Racism The Eugenics of Social Darwinism

Harvest of Despair Soviet Communism engineered Ukraine Famine Genocide 1933)

USSR, The Genocidal Communist Empire (FULL video)

The Bloody History of Communism Full

BBC’s World at War- The Final Solution part 1

BBC’s World at War- The Final Solution part 2

Mao’s Bloody Revolution

Mao’s Great Famine HDTV great leap foward, history of china

Stephanopoulos Discloses $75K Donation To Clinton Foundation

Peter Schweizer This Week Abc Stephanopoulos Challenges Clinton Cash Author Is There a Smoking Gun

George Stephanopoulos Apologizes on ‘GMA’ For Not Disclosing Clinton Foundation Donations

Should George Stephanopoulos​ Be Fired?

Stephanopoulos: “Bill Clinton has no character problem”

Three Reasons: The War Room

The War Room (1993)

George Stephanopoulos Interview, describing Clinton 2 of 2

The War Room Trailer

THE WAR ROOM with D.A. Pennebaker

Marvin Gaye “What’s Going On – What’s Happening Brother”

B.B. King – Blues Boys Tune

B. B. King – The Thrill Is Gone (Live at Montreux 1993)

Rock Me Baby-BB King/Eric Clapton/Buddy Guy/Jim Vaughn

B.B. King Dead at the Age of 89

Hillary Clinton’s keynote address at the 2015 Women in the World Summit

The presidential hopeful made her sixth appearance at the Women in the World Summit with a keynote address that challenged viewers to be champions for change.

Tsarnaev sentenced to death

By Milton J. Valencia, Patricia Wen, Kevin Cullen, John R. Ellement and Martin Finucane
Dzhokhar Tsarnaev was sentenced to death Friday for his role in the 2013 Boston Marathon bombing, the terror attack on the finish line of the storied race that killed three people and injured more than 260 others.

Tsarnaev, 21, had been convicted last month in US District Court in Boston of 17 charges that carried the possibility of the death penalty.

The death sentence handed down Friday by the seven-woman, five-man jury came at the end of a lengthy, high-profile trial. Tsarnaev, who had taken a sharp turn from hopeful immigrant college student to radical jihadist, also was convicted in the murder of a police officer.

The April 15, 2013, bombing was one of the worst terror attacks in the United States since Sept. 11, 2001.

Wearing a blazer and a collared shirt, Tsarnaev, as has been his habit for most of the trial, had no expression as a court clerk read the verdict sentencing him to death. The jury took 14 1/2 hours over three days to render its decision on the penalty.

View Story
Explore the evidence from the trial
A look at the witnesses, evidence, and key players in the trial.
Tsarnaev sentencing verdict form
Live updates from the courtroom

US District Judge George A. O’Toole Jr. will impose the sentence at a hearing where Tsarnaev’s victims will be able to confront him and he also has the option of addressing the court.

After the verdict was announced, O’Toole told jurors, at least three of whom wiped away tears, “You should be justly proud of your service in this case.”

Those in the courtroom included Bill and Denise Richard, parents of 8-year-old Martin Richard of Dorchester, the youngest victim of the attack. Despite the devastating impact on their family, the Richards had called for life in prison, rather than death, for Tsarnaev.

Federal prosecutors said Tsarnaev was a remorseless self-radicalized terrorist who had participated in the bombing to make a political statement. Defense attorneys, seeking to save Tsarnaev’s life, portrayed him as the puppy dog-like follower of his troubled, violence-prone older brother, Tamerlan, who became obsessed with waging jihad and died in a firefight with police.

The jurors decided Dzhokhar Tsarnaev should be sentenced to death for the people he was found directly responsible for killing when he placed one of the two homemade pressure cooker bombs: Martin Richard and 23-year-old Boston University graduate student Lingzi Lu.

The panel also had the right to sentence Tsarnaev to death for the second bomb placed by Tamerlan Tsarnaev, which killed Krystle Campbell, 29, of Arlington. But the jury chose not to impose the death penalty for her death.

The jurors also decided against imposing the death penalty for the subsequent murder of MIT Police Officer Sean A. Collier, whom the defense argued was shot to death by Tamerlan, not Dzhokhar.

The response to the death sentence was immediate from some of the hundreds of people who were injured.

One of those who turned to social media to share their views was Sydney Corcoran, who was seriously injured along with her mother, Celeste, who lost both legs in the blast.

“My mother and I think that NOW he will go away and we will be able to move on. Justice,’’ Sydney Corcoran wrote on the Twitter account. “In his own words, ‘an eye for an eye.’ “

Boston Mayor Martin J. Walsh said in a statement that the “verdict provides a small amount of closure to the survivors, families, and all impacted by the violent and tragic events surrounding the 2013 Boston Marathon.’’

“We will forever remember and honor those who lost their lives and were affected by those senseless acts of violence on our City,’’ Walsh said. “Today, more than ever, we know that Boston is a City of hope, strength and resilience, that can overcome any challenge.”

Dzhokhar Tsarnaev was convicted last month of 30 charges, including 17 that carried a possible death penalty, in the first phase of the two-phase federal death penalty trial.

The defense never contested his guilt, focusing instead on the second phase of the trial, in which the jury was asked to determine whether Tsarnaev should get life in prison without parole or a death sentence. Over 11 days of testimony jurors heard from more than 60 witnesses, most of them called by the defense in an effort to humanize Tsarnaev.

Tsarnaev did not testify himself during either phase, showing little emotion as he sat in the courtroom, leaving him an inscrutable figure to the jury that decided his fate.

But in a statement he wrote when he was hiding from police several days after the bombing, he said he had acted because the US government was “killing our innocent civilians. … We Muslims are one body, you hurt one you hurt us all.”

Prosecutor Steven Mellin, in his closing argument, cited a line from the note that said, “Now I don’t like killing innocent people, but in this case it is allowed.”

“These are the words of a terrorist who thought he did the right thing,” Mellin told jurors. “His actions have earned him a sentence of death.”

Defense attorney Judy Clarke suggested that Tsarnaev’s parents were emotionally, and later physically, absent from his life, and that Tamerlan had filled the void.

The root cause of the violence that erupted on Boylston Street on April 15, 2013, was Tamerlan, Clarke said.

“Dzhokhar would not have done this but for Tamerlan,” she said.

“We’re asking you to choose life,” she said. “Yes, even for the Boston Marathon bomber. It’s a sentence that reflects justice and mercy.”

The homemade pressure cooker bombs planted by the Tsarnaev brothers went off just before 3 p.m. at the race, a colorful rite of spring in which thousands of runners, including top competitors from around the world, stream down the course into the heart of the city.

In addition to the three people killed, more than 260 others were injured, including 17 who lost limbs. First responders and people in the crowd rushed forward to help, and the city’s renowned medical community saved lives that were hanging by a thread.

A massive manhunt followed that ended several days later in a violent, chaotic showdown. After authorities released their pictures, Tsarnaev, who was 19 at the time, and his 26-year-old brother murdered Collier while he sat in his cruiser on the night of April 18, 2013, in an unsuccessful attempt to get a second gun.

When police caught up with the brothers in Watertown, just outside the city, in the early hours of April 19, the brothers hurled more deadly bombs and fired dozens of shots at police. Tamerlan Tsarnaev died after being shot by police and run over by his own brother as he made his escape.

Dzhokhar Tsarnaev slipped away from the legions of police who swarmed to the area as the governor, in an unprecedented step, urged residents of Boston, Watertown and other nearby areas to stay indoors and “shelter in place.” But Tsarnaev was ultimately captured later in the day, hiding in a boat stored in a Watertown back yard, where he had written the note explaining his actions. A stunned region breathed a sigh of relief.

People in Boston and beyond rallied together after the attacks, expressing sympathy and offering support to the bombing victims. At the same time, questions were raised and investigations launched into why the attacks weren’t prevented.

One mystery remaining at the heart of the case was how Dzhokhar Tsarnaev transformed from a hard-working teenager to a failing college student who joined a deadly terrorist plot.

“If you expect me to have an answer, a simple clean answer, I don’t have it,” Clarke said in her closing argument.

Tsarnaev arrived in America with his family when he was 9 years old. Jurors heard from his teachers in Cambridge that as a young boy, he was an A student, smart, popular, and kind. He became captain of the Cambridge Rindge and Latin School wrestling team and went on to the University of Massachusetts Dartmouth, and witnesses described him as a laid-back, and fun-loving college student.

But jurors also heard about Tsarnaev’s upbringing in a dysfunctional immigrant Chechen family that held to old cultural traditions that gave outsized rank to the oldest brother. And an expert on Chechnya described how that country’s struggles for independence became intertwined over the last two decades with the global jihad movement by Islamic militants.

When his parents returned to Russia in 2012, the jihad-obsessed Tamerlan was the only adult figure in his life, the defense said.

Prosecutors rejected the idea that Tamerlan Tsarnaev had influenced his young brother.

“These weren’t youthful crimes,” said prosecutor William Weinreb. “There was nothing immature or impulsive about them. These were political crimes, designed to punish the United States . . . by killing and mutilating innocent civilians on US soil.”

Governor Charlie Baker met reporters at the State House after the verdict, but refused to say whether he believed the death sentence was the right choice to have been made. Instead, he said, the verdict resulted from the persistence of the 12 jurors who were in court day after day and for 10 weeks.

“This was their call,’’ he said.

As a parent and husband, Baker said he was stunned by the “randomness” of the bombings. He also said that the region would be reminded about the bombings every April when the Marathon is held.

“I think it will be a long time before this event and all that came with it ever lands in my rear view mirror,’’ Baker said. “It changed the Marathon and thereby by definition, changed Boston as well.’’

He said that he hopes some closure, some healing will be forthcoming for anyone connected to the bombings.

Hillary Clinton Reaffirms Her Commitment to Women’s Rights

At Tina Brown’s Women in the World conference, the presidential hopeful spoke about the obstacles women still face in this country and abroad.

Today at Tina Brown’s Women in the World summit, presidential hopeful and former Secretary of State Hillary Clinton took the stage to reaffirm her commitment to women’s and girls’ rights, and outlined what will likely be her talking points on women, girls, and minorities as she travels the country trying to gain voter support in the coming months.

“It’s not just enough for some women to get ahead,” Clinton said, adding that all women need support, “no matter where you live and who you are.”

Clinton outlined issues facing women from birth through retirement, noting that “all the evidence tells us that despite the enormous obstacles that remain, there has never been a better time in history to be born female.” But when women enter the workforce, she said, they face a pay gap, which is particularly wide for women of color. She pointed to the recent Hobby Lobby Supreme Court decision to assert that a woman’s boss should not determine what kind of health care she can access.Sexual assault on college campuses and in the military remains a pressing issue in need of legislative solutions, Clinton said. And she criticized discrimination in retirement benefits, saying, “When we deny women access to retirement that is secure, when we continue as we do to discriminate against women in the Social Security system, we are leaving too many women on their own.”

The way forward, Clinton said — and presumably what she will campaign on — is to embrace those who have long been marginalized in American society.

“We move forward when gay and transgender women are embraced as our colleagues and friends, not fired from good jobs because of who they love and who they are,” she said. Immigrants too, Clinton said, need protections and a path to citizenship. Striking a populist tone, Clinton highlighted economic inequality and the value of closing the wage gap — not just for women and their families, but for the U.S. economy as a whole.

Tina Brown’s Women in the World is a global conference, and Clinton emphasized her longtime advocacy for international women’s rights. She famously spoke at the 1995 Beijing conference on women’s rights, where she declared, “Women’s rights are human rights once and for all.” And at Women in the World today, she not only focused heavily on a domestic agenda centered on women’s rights, but mentioned her Beijing work, saying that when she gave her speech back in 1995, 189 countries came together to declare that “human rights are women rights and women rights are human rights, once and for all. And finally, the world began to listen.”

But, Clinton said, “Despite all this progress, we’re just not there yet. Yes, we’ve nearly closed the global gender gap in primary school, but secondary school remains out of reach for so many girls around the world. Yes, we’ve increased the number of countries prohibiting domestic violence, but still more than half the nations in the world have no such laws on the books, and an estimated one in three women still experience violence. Yes, we’ve cut the maternal mortality rate in half, but far too many women are still denied critical access to reproductive health care and safe childbirth.”

Clinton announced her run for president earlier this month and is the presumptive Democratic nominee. But when she sought the Democratic nomination for president in 2008, she moved away from her women’s rights bona fides, staking out a more gender-neutral position.

Now, running again eight years later, Clinton may be more inclined to embrace her potentially historic role as the first female candidate for president from a major political party. A month before she announced her intent to run, Clinton gave the keynote speech at the anniversary gala of EMILY’s List, an organization that raises money for pro-choice female politicians.

The Women in the World speech focused on women and girls, handily avoiding any mention ofallegations of inappropriate relationships between governments Clinton dealt with at the State Department and her family’s nonprofit, the Clinton Foundation. Those allegations originated in a book called Clinton Cash written by a Republican consultant, and the accusations of unethical behavior are now being investigated further by several media outlets, including The New York Times and TheWashington Post.

The Women in the World conference runs through Friday and features a long list of female activists and celebrities, including actresses Meryl Streep, Ashley Judd, Robin Wright, and Friedo Pinto; journalists Katie Couric, Poppy Harlow, Nora O’Donnell, and Mika Brzezinski; writers Tavi Gevinson, Jon Krakauer, and Janet Mock; and political leaders Kirsten Gillibrand and Kamala Harris.

http://www.cosmopolitan.com/politics/news/a39517/hillary-clinton-women-in-the-world/

Why Hillary Clinton’s pro-choice stance is incredibly racist

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Economic Illiterate Obama On Life’s Lottery Winners — Wealth, Job and Income Creators Pay Over 70% of Federal Income Taxes — Obama Wants More — Greedy Progressive Politicians Use Government To Steal Other People’s Money — Videos

Posted on May 14, 2015. Filed under: American History, Banking, Blogroll, Books, Business, College, Constitution, Corruption, Economics, Education, Employment, Family, Federal Government, Federal Government Budget, Fiscal Policy, Freedom, government, government spending, history, Inflation, Investments, IRS, Law, liberty, Life, Links, Literacy, media, Monetary Policy, Money, Money, People, Philosophy, Photos, Politics, Press, Public Sector, Radio, Railroads, Rants, Raves, Regulations, Resources, Speech, Talk Radio, Tax Policy, Taxes, Transportation, Unemployment, Unions, Video, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 464 May 14, 2015

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Pronk Pops Show 460 May 6, 2015

Pronk Pops Show 459 May 4, 2015 

Pronk Pops Show 458 May 1, 2015 

Pronk Pops Show 457 April 30, 2015 

Pronk Pops Show 456: April 29, 2015 

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Pronk Pops Show 453: April 24, 2015

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Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

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Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Story 1: Economic Illiterate Obama On Life’s Lottery Winners — Wealth, Job and Income Creators Pay  Over 70% of Federal Income Taxes — Obama Wants More — Greedy Progressive Politicians Use Government To Steal Other People’s Money — Videos

“But how is this legal plunder to be identified?

Quite simply. See if the law takes from some persons what belongs to them and gives it to other persons to whom it does not belong.

See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.”

“The state is that great fiction by which everyone tries to live at the expense of everyone else.”

~Frédéric Bastiat

Obama Dismisses Wealthy Americans As ‘Society’s Lottery Winners’

Obama: Tax Hedge Funds More

EAT THE RICH!

IDIOTS – Who pays the most taxes – Franklin vs Marx

Why the Rich Never Pay Taxes

Why The Rich Pay Lower Taxes

Summary of Latest Federal Income Tax Data

December 22, 2014
By Kyle Pomerleau,Andrew Lundeen

The Internal Revenue Service has recently released new data on individual income taxes for calendar year 2012, showing the number of taxpayers, adjusted gross income, and income tax shares by income percentiles.[1]

The data demonstrates that the U.S. individual income tax continues to be very progressive, borne mainly by the highest income earners.

  • In 2012, 136.1 million taxpayers reported earning $9.04 trillion in adjusted gross income and paid $1.1 trillion in income taxes.
  • All income groups increased their income and taxes paid over the previous year.
  • The top 1 percent of taxpayers earned their largest share of income since 2007 at 21.9 percent of total AGI and paid their largest share of the income tax burden since the same year at 38.1 percent of total income taxes.
  • In 2012, the top 50 percent of all taxpayers (68 million filers) paid 97.2 percent of all income taxes while the bottom 50 percent paid the remaining 2.8 percent.
  • The top 1 percent (1.3 million filers) paid a greater share of income taxes (38.1 percent) than the bottom 90 percent (122.4 million filers) combined (29.8 percent).
  • The top 1 percent of taxpayers paid a higher effective income tax rate than any other group at 22.8 percent, which is nearly 7 times higher than taxpayers in the bottom 50 percent (3.28 percent).

Taxpayers Reported $9.04 Trillion in Adjusted Gross Income and Paid $1.19 Trillion in Income Taxes in 2012

Taxpayers reported $9.04 trillion in adjusted gross income (AGI) on 136.1 million tax returns in 2012. This represents $725 billion in additional income over 2011 on 500,000 fewer tax returns. While the majority of the income gain went to the top 5 percent of taxpayers (those making $175,817 or more), every income group experienced an increase in income in 2012. Due to the increase in incomes, taxes paid increased by $142 billion to $1.185 trillion in 2012. Taxes paid increased for all income groups.

The share of income earned by the top 1 percent increased to 21.9 percent of total AGI, the highest level since the peak year of 2007 (22.9 percent of total AGI). The share of the income tax burden for the top 1 percent increased to 38.1 percent from 35.1 percent in 2011, also the highest level since the peak in 2007 (39.8 percent).

Table 1. Summary of Federal Income Tax Data, 2012

Number of Returns*

AGI ($ millions)

Income Taxes Paid ($ millions)

Group’s Share of Total AGI (IRS)

Group’s Share of Income Taxes

Income Split Point

Average Tax Rate

All Taxpayers

136,080,353

9,041,744

1,184,978

100.0%

100.0%

Top 1%

1,360,804

1,976,738

451,328

21.9%

38.1%

> $434,682

22.8%

1-5%

5,443,214

1,354,206

247,215

15.0%

20.9%

18.3%

Top 5%

6,804,018

3,330,944

698,543

36.8%

58.9%

> $175,817

21.0%

5-10%

6,804,017

996,955

132,902

11.0%

11.2%

13.3%

Top 10%

13,608,035

4,327,899

831,445

47.9%

70.2%

> $125,195

19.2%

10-25%

20,412,053

1,933,778

192,601

21.4%

16.3%

10.0%

Top 25%

34,020,088

6,261,677

1,024,046

69.3%

86.4%

> $73,354

16.4%

25-50%

34,020,089

1,776,123

128,017

19.6%

10.8%

7.2%

Top 50%

68,040,177

8,037,800

1,152,063

88.9%

97.2%

> $36,055

14.3%

Bottom 50%

68,040,177

1,003,944

32,915

11.1%

2.8%

< $36,055

3.3%

*Does not include dependent filers.

Top 50 Percent of All Taxpayers Paid 97.2 Percent of All Federal Income Taxes; Top 1 Percent Paid 38.1 Percent; and Bottom 90 Percent Paid 29.7 Percent of All Federal Income Taxes

Figure 1 shows the distribution of AGI and income taxes paid by income percentiles in 2012. In 2012, the bottom 50 percent of taxpayers (those with AGIs below $36,055) earned 11.1 percent of total AGI. This group of taxpayers paid approximately $33 billion in taxes, or 2.8 percent of all income taxes in 2012.

In contrast, the top 1 percent of all taxpayers (taxpayers with AGIs of $434,682 and above), earned 21.9 percent of all AGI in 2012, but paid 38.1 percent of all federal income taxes.

Combined, the top 1 percent of taxpayers (those with AGIs above $434,682) accounted for more income taxes paid than the bottom 90 percent (those with AGIs below $125,195) combined. In 2012, the top 1 percent of taxpayers paid $451 billion in income taxes, or 38.1 percent of all income taxes while the bottom 90 percent paid $353 billion in income taxes, or 29.8 percent of all income taxes paid.

The Top 1 Percent’s Effective Tax Rate Is Nearly Seven Times Higher than the Bottom 50 percent’s

The 2012 IRS data shows that taxpayers with higher incomes pay much higher effective income tax rates than lower-income taxpayers.

The bottom 50 percent of taxpayers (taxpayers with AGIs under $36,055) faced an average effective income tax rate of 3.3 percent. As taxpayer AGI increases, the IRS data shows that average income tax rates rise. For example, taxpayers with AGIs between the 10th and 5th percentile ($125,195 and $175,817) pay an average effective rate of 13.3 percent—four times the rate paid by those in the bottom 50 percent.

The top 1 percent of taxpayers (AGI of $434,682 and higher) paid the highest effective income tax rate at 22.8 percent, 6.9 times the rate faced by the bottom 50 percent of taxpayers. The top 1 percent’s average effective tax rate for 2012 of 22.8 percent was slightly lower than that of 2011 (23.5 percent).

Taxpayers at the very top of the income distribution, the top 0.1 percent, which includes taxpayers with incomes over $2.2 million, actually paid a slightly lower income tax rate than the top 1 percent (21.7 percent versus 22.8 percent). This is due to the fact that very high income taxpayers are more likely to report a greater share of their income as taxable capital gains income. This leads to a slightly lower effective tax rate because capital gains and dividends income faces a lower top income tax rate (23.8 percent) than wage and business income (39.6 percent). It is important to note, however, that capital gains taxes at the individual level are the second layer of tax after the corporate income tax (which is 35 percent).

Appendix

 Table 2. Number of Federal Individual Income Tax Returns Filed 1980–2012 (In thousands)
Year Total Top 0.1% Top 1% Top 5% Between 5% & 10% Top 10% Between 10% & 25% Top 25% Between 25% & 50% Top 50% Bottom 50%
1980 93,239 932 4,662 4,662 9,324 13,986 23,310 23,310 46,619 46,619
1981 94,587 946 4,729 4,729 9,459 14,188 23,647 23,647 47,293 47,293
1982 94,426 944 4,721 4,721 9,443 14,164 23,607 23,607 47,213 47,213
1983 95,331 953 4,767 4,767 9,533 14,300 23,833 23,833 47,665 47,665
1984 98,436 984 4,922 4,922 9,844 14,765 24,609 24,609 49,218 49,219
1985 100,625 1,006 5,031 5,031 10,063 15,094 25,156 25,156 50,313 50,313
1986 102,088 1,021 5,104 5,104 10,209 15,313 25,522 25,522 51,044 51,044
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987 106,155 1,062 5,308 5,308 10,615 15,923 26,539 26,539 53,077 53,077
1988 108,873 1,089 5,444 5,444 10,887 16,331 27,218 27,218 54,436 54,436
1989 111,313 1,113 5,566 5,566 11,131 16,697 27,828 27,828 55,656 55,656
1990 112,812 1,128 5,641 5,641 11,281 16,922 28,203 28,203 56,406 56,406
1991 113,804 1,138 5,690 5,690 11,380 17,071 28,451 28,451 56,902 56,902
1992 112,653 1,127 5,633 5,633 11,265 16,898 28,163 28,163 56,326 56,326
1993 113,681 1,137 5,684 5,684 11,368 17,052 28,420 28,420 56,841 56,841
1994 114,990 1,150 5,749 5,749 11,499 17,248 28,747 28,747 57,495 57,495
1995 117,274 1,173 5,864 5,864 11,727 17,591 29,319 29,319 58,637 58,637
1996 119,442 1,194 5,972 5,972 11,944 17,916 29,860 29,860 59,721 59,721
1997 121,503 1,215 6,075 6,075 12,150 18,225 30,376 30,376 60,752 60,752
1998 123,776 1,238 6,189 6,189 12,378 18,566 30,944 30,944 61,888 61,888
1999 126,009 1,260 6,300 6,300 12,601 18,901 31,502 31,502 63,004 63,004
2000 128,227 1,282 6,411 6,411 12,823 19,234 32,057 32,057 64,114 64,114
IRS changed methodology, so data above and below this line not strictly comparable
2001 119,371 119 1,194 5,969 5,969 11,937 17,906 29,843 29,843 59,685 59,685
2002 119,851 120 1,199 5,993 5,993 11,985 17,978 29,963 29,963 59,925 59,925
2003 120,759 121 1,208 6,038 6,038 12,076 18,114 30,190 30,190 60,379 60,379
2004 122,510 123 1,225 6,125 6,125 12,251 18,376 30,627 30,627 61,255 61,255
2005 124,673 125 1,247 6,234 6,234 12,467 18,701 31,168 31,168 62,337 62,337
2006 128,441 128 1,284 6,422 6,422 12,844 19,266 32,110 32,110 64,221 64,221
2007 132,655 133 1,327 6,633 6,633 13,265 19,898 33,164 33,164 66,327 66,327
2008 132,892 133 1,329 6,645 6,645 13,289 19,934 33,223 33,223 66,446 66,446
2009 132,620 133 1,326 6,631 6,631 13,262 19,893 33,155 33,155 66,310 66,310
2010 135,033 135 1,350 6,752 6,752 13,503 20,255 33,758 33,758 67,517 67,517
2011 136,586 137 1,366 6,829 6,829 13,659 20,488 34,146 34,146 68,293 68,293
2012 136,080 136 1,361 6,804 6,804 13,608 20,412 34,020 34,020 68,040 68,040
Source: Internal Revenue Service.
Table 3. Adjusted Gross Income of Taxpayers in Various Income Brackets, 1980–2012 ($Billions)
Year Total Top 0.1% Top 1% Top 5% Between 5% & 10% Top 10% Between 10% & 25% Top 25% Between 25% & 50% Top 50% Bottom 50%
1980 $1,627 $138 $342 $181 $523 $400 $922 $417 $1,339 $288
1981 $1,791 $149 $372 $201 $573 $442 $1,015 $458 $1,473 $318
1982 $1,876 $167 $398 $207 $605 $460 $1,065 $478 $1,544 $332
1983 $1,970 $183 $428 $217 $646 $481 $1,127 $498 $1,625 $344
1984 $2,173 $210 $482 $240 $723 $528 $1,251 $543 $1,794 $379
1985 $2,344 $235 $531 $260 $791 $567 $1,359 $580 $1,939 $405
1986 $2,524 $285 $608 $278 $887 $604 $1,490 $613 $2,104 $421
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987 $2,814 $347 $722 $316 $1,038 $671 $1,709 $664 $2,374 $440
1988 $3,124 $474 $891 $342 $1,233 $718 $1,951 $707 $2,658 $466
1989 $3,299 $468 $918 $368 $1,287 $768 $2,054 $751 $2,805 $494
1990 $3,451 $483 $953 $385 $1,338 $806 $2,144 $788 $2,933 $519
1991 $3,516 $457 $943 $400 $1,343 $832 $2,175 $809 $2,984 $532
1992 $3,681 $524 $1,031 $413 $1,444 $856 $2,299 $832 $3,131 $549
1993 $3,776 $521 $1,048 $426 $1,474 $883 $2,358 $854 $3,212 $563
1994 $3,961 $547 $1,103 $449 $1,552 $929 $2,481 $890 $3,371 $590
1995 $4,245 $620 $1,223 $482 $1,705 $985 $2,690 $938 $3,628 $617
1996 $4,591 $737 $1,394 $515 $1,909 $1,043 $2,953 $992 $3,944 $646
1997 $5,023 $873 $1,597 $554 $2,151 $1,116 $3,268 $1,060 $4,328 $695
1998 $5,469 $1,010 $1,797 $597 $2,394 $1,196 $3,590 $1,132 $4,721 $748
1999 $5,909 $1,153 $2,012 $641 $2,653 $1,274 $3,927 $1,199 $5,126 $783
2000 $6,424 $1,337 $2,267 $688 $2,955 $1,358 $4,314 $1,276 $5,590 $834
IRS changed methodology, so data above and below this line not strictly comparable
2001 $6,116 $492 $1,065 $1,934 $666 $2,600 $1,334 $3,933 $1,302 $5,235 $881
2002 $5,982 $421 $960 $1,812 $660 $2,472 $1,339 $3,812 $1,303 $5,115 $867
2003 $6,157 $466 $1,030 $1,908 $679 $2,587 $1,375 $3,962 $1,325 $5,287 $870
2004 $6,735 $615 $1,279 $2,243 $725 $2,968 $1,455 $4,423 $1,403 $5,826 $908
2005 $7,366 $784 $1,561 $2,623 $778 $3,401 $1,540 $4,940 $1,473 $6,413 $953
2006 $7,970 $895 $1,761 $2,918 $841 $3,760 $1,652 $5,412 $1,568 $6,980 $990
2007 $8,622 $1,030 $1,971 $3,223 $905 $4,128 $1,770 $5,898 $1,673 $7,571 $1,051
2008 $8,206 $826 $1,657 $2,868 $905 $3,773 $1,782 $5,555 $1,673 $7,228 $978
2009 $7,579 $602 $1,305 $2,439 $878 $3,317 $1,740 $5,058 $1,620 $6,678 $900
2010 $8,040 $743 $1,517 $2,716 $915 $3,631 $1,800 $5,431 $1,665 $7,096 $944
2011 $8,317 $737 $1,556 $2,819 $956 $3,775 $1,866 $5,641 $1,716 $7,357 $961
2012 $9,042 $1,017 $1,977 $3,331 $997 $4,328 $1,934 $6,262 $1,776 $8,038 $1,004
Source: Internal Revenue Service.
 Table 4. Total Income Tax after Credits, 1980–2012 ($Billions)
Year Total Top 0.1% Top 1% Top 5% Between 5% & 10% Top 10% Between 10% & 25% Top 25% Between 25% & 50% Top 50% Bottom 50%
1980 $249 $47 $92 $31 $123 $59 $182 $50 $232 $18
1981 $282 $50 $99 $36 $135 $69 $204 $57 $261 $21
1982 $276 $53 $100 $34 $134 $66 $200 $56 $256 $20
1983 $272 $55 $101 $34 $135 $64 $199 $54 $252 $19
1984 $297 $63 $113 $37 $150 $68 $219 $57 $276 $22
1985 $322 $70 $125 $41 $166 $73 $238 $60 $299 $23
1986 $367 $94 $156 $44 $201 $78 $279 $64 $343 $24
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987 $369 $92 $160 $46 $205 $79 $284 $63 $347 $22
1988 $413 $114 $188 $48 $236 $85 $321 $68 $389 $24
1989 $433 $109 $190 $51 $241 $93 $334 $73 $408 $25
1990 $447 $112 $195 $52 $248 $97 $344 $77 $421 $26
1991 $448 $111 $194 $56 $250 $96 $347 $77 $424 $25
1992 $476 $131 $218 $58 $276 $97 $374 $78 $452 $24
1993 $503 $146 $238 $60 $298 $101 $399 $80 $479 $24
1994 $535 $154 $254 $64 $318 $108 $425 $84 $509 $25
1995 $588 $178 $288 $70 $357 $115 $473 $88 $561 $27
1996 $658 $213 $335 $76 $411 $124 $535 $95 $630 $28
1997 $727 $241 $377 $82 $460 $134 $594 $102 $696 $31
1998 $788 $274 $425 $88 $513 $139 $652 $103 $755 $33
1999 $877 $317 $486 $97 $583 $150 $733 $109 $842 $35
2000 $981 $367 $554 $106 $660 $164 $824 $118 $942 $38
IRS changed methodology, so data above and below this line not strictly comparable
2001 $885 $139 $294 $462 $101 $564 $158 $722 $120 $842 $43
2002 $794 $120 $263 $420 $93 $513 $143 $657 $104 $761 $33
2003 $746 $115 $251 $399 $85 $484 $133 $617 $98 $715 $30
2004 $829 $142 $301 $467 $91 $558 $137 $695 $102 $797 $32
2005 $932 $176 $361 $549 $98 $647 $145 $793 $106 $898 $33
2006 $1,020 $196 $402 $607 $108 $715 $157 $872 $113 $986 $35
2007 $1,112 $221 $443 $666 $117 $783 $170 $953 $122 $1,075 $37
2008 $1,029 $187 $386 $597 $115 $712 $168 $880 $117 $997 $32
2009 $863 $146 $314 $502 $101 $604 $146 $749 $93 $842 $21
2010 $949 $170 $355 $561 $110 $670 $156 $827 $100 $927 $22
2011 $1,043 $168 $366 $589 $123 $712 $181 $893 $120 $1,012 $30
2012 $1,185 $220 $451 $699 $133 $831 $193 $1,024 $128 $1,152 $33
Source: Internal Revenue Service.
Table 5. Adjusted Gross Income Shares, 1980–2012 (percent of total AGI earned by each group)
Year Total Top 0.1% Top 1% Top 5% Between 5% & 10% Top 10% Between 10% & 25% Top 25% Between 25% & 50% Top 50% Bottom 50%
1980 100% 8.46% 21.01% 11.12% 32.13% 24.57% 56.70% 25.62% 82.32% 17.68%
1981 100% 8.30% 20.78% 11.20% 31.98% 24.69% 56.67% 25.59% 82.25% 17.75%
1982 100% 8.91% 21.23% 11.03% 32.26% 24.53% 56.79% 25.50% 82.29% 17.71%
1983 100% 9.29% 21.74% 11.04% 32.78% 24.44% 57.22% 25.30% 82.52% 17.48%
1984 100% 9.66% 22.19% 11.06% 33.25% 24.31% 57.56% 25.00% 82.56% 17.44%
1985 100% 10.03% 22.67% 11.10% 33.77% 24.21% 57.97% 24.77% 82.74% 17.26%
1986 100% 11.30% 24.11% 11.02% 35.12% 23.92% 59.04% 24.30% 83.34% 16.66%
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987 100% 12.32% 25.67% 11.23% 36.90% 23.85% 60.75% 23.62% 84.37% 15.63%
1988 100% 15.16% 28.51% 10.94% 39.45% 22.99% 62.44% 22.63% 85.07% 14.93%
1989 100% 14.19% 27.84% 11.16% 39.00% 23.28% 62.28% 22.76% 85.04% 14.96%
1990 100% 14.00% 27.62% 11.15% 38.77% 23.36% 62.13% 22.84% 84.97% 15.03%
1991 100% 12.99% 26.83% 11.37% 38.20% 23.65% 61.85% 23.01% 84.87% 15.13%
1992 100% 14.23% 28.01% 11.21% 39.23% 23.25% 62.47% 22.61% 85.08% 14.92%
1993 100% 13.79% 27.76% 11.29% 39.05% 23.40% 62.45% 22.63% 85.08% 14.92%
1994 100% 13.80% 27.85% 11.34% 39.19% 23.45% 62.64% 22.48% 85.11% 14.89%
1995 100% 14.60% 28.81% 11.35% 40.16% 23.21% 63.37% 22.09% 85.46% 14.54%
1996 100% 16.04% 30.36% 11.23% 41.59% 22.73% 64.32% 21.60% 85.92% 14.08%
1997 100% 17.38% 31.79% 11.03% 42.83% 22.22% 65.05% 21.11% 86.16% 13.84%
1998 100% 18.47% 32.85% 10.92% 43.77% 21.87% 65.63% 20.69% 86.33% 13.67%
1999 100% 19.51% 34.04% 10.85% 44.89% 21.57% 66.46% 20.29% 86.75% 13.25%
2000 100% 20.81% 35.30% 10.71% 46.01% 21.15% 67.15% 19.86% 87.01% 12.99%
IRS changed methodology, so data above and below this line not strictly comparable
2001 100% 8.05% 17.41% 31.61% 10.89% 42.50% 21.80% 64.31% 21.29% 85.60% 14.40%
2002 100% 7.04% 16.05% 30.29% 11.04% 41.33% 22.39% 63.71% 21.79% 85.50% 14.50%
2003 100% 7.56% 16.73% 30.99% 11.03% 42.01% 22.33% 64.34% 21.52% 85.87% 14.13%
2004 100% 9.14% 18.99% 33.31% 10.77% 44.07% 21.60% 65.68% 20.83% 86.51% 13.49%
2005 100% 10.64% 21.19% 35.61% 10.56% 46.17% 20.90% 67.07% 19.99% 87.06% 12.94%
2006 100% 11.23% 22.10% 36.62% 10.56% 47.17% 20.73% 67.91% 19.68% 87.58% 12.42%
2007 100% 11.95% 22.86% 37.39% 10.49% 47.88% 20.53% 68.41% 19.40% 87.81% 12.19%
2008 100% 10.06% 20.19% 34.95% 11.03% 45.98% 21.71% 67.69% 20.39% 88.08% 11.92%
2009 100% 7.94% 17.21% 32.18% 11.59% 43.77% 22.96% 66.74% 21.38% 88.12% 11.88%
2010 100% 9.24% 18.87% 33.78% 11.38% 45.17% 22.38% 67.55% 20.71% 88.26% 11.74%
2011 100% 8.86% 18.70% 33.89% 11.50% 45.39% 22.43% 67.82% 20.63% 88.45% 11.55%
2012 100% 11.25% 21.86% 36.84% 11.03% 47.87% 21.39% 69.25% 19.64% 88.90% 11.10%
Source: Internal Revenue Service.
Table 6. Total Income Tax Shares, 1980–2012 (percent of federal income tax paid by each group)
Year Total Top 0.1% Top 1% Top 5% Between 5% & 10% Top 10% Between 10% & 25% Top 25% Between 25% & 50% Top 50% Bottom 50%
1980 100% 19.05% 36.84% 12.44% 49.28% 23.74% 73.02% 19.93% 92.95% 7.05%
1981 100% 17.58% 35.06% 12.90% 47.96% 24.33% 72.29% 20.26% 92.55% 7.45%
1982 100% 19.03% 36.13% 12.45% 48.59% 23.91% 72.50% 20.15% 92.65% 7.35%
1983 100% 20.32% 37.26% 12.44% 49.71% 23.39% 73.10% 19.73% 92.83% 7.17%
1984 100% 21.12% 37.98% 12.58% 50.56% 22.92% 73.49% 19.16% 92.65% 7.35%
1985 100% 21.81% 38.78% 12.67% 51.46% 22.60% 74.06% 18.77% 92.83% 7.17%
1986 100% 25.75% 42.57% 12.12% 54.69% 21.33% 76.02% 17.52% 93.54% 6.46%
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987 100% 24.81% 43.26% 12.35% 55.61% 21.31% 76.92% 17.02% 93.93% 6.07%
1988 100% 27.58% 45.62% 11.66% 57.28% 20.57% 77.84% 16.44% 94.28% 5.72%
1989 100% 25.24% 43.94% 11.85% 55.78% 21.44% 77.22% 16.94% 94.17% 5.83%
1990 100% 25.13% 43.64% 11.73% 55.36% 21.66% 77.02% 17.16% 94.19% 5.81%
1991 100% 24.82% 43.38% 12.45% 55.82% 21.46% 77.29% 17.23% 94.52% 5.48%
1992 100% 27.54% 45.88% 12.12% 58.01% 20.47% 78.48% 16.46% 94.94% 5.06%
1993 100% 29.01% 47.36% 11.88% 59.24% 20.03% 79.27% 15.92% 95.19% 4.81%
1994 100% 28.86% 47.52% 11.93% 59.45% 20.10% 79.55% 15.68% 95.23% 4.77%
1995 100% 30.26% 48.91% 11.84% 60.75% 19.62% 80.36% 15.03% 95.39% 4.61%
1996 100% 32.31% 50.97% 11.54% 62.51% 18.80% 81.32% 14.36% 95.68% 4.32%
1997 100% 33.17% 51.87% 11.33% 63.20% 18.47% 81.67% 14.05% 95.72% 4.28%
1998 100% 34.75% 53.84% 11.20% 65.04% 17.65% 82.69% 13.10% 95.79% 4.21%
1999 100% 36.18% 55.45% 11.00% 66.45% 17.09% 83.54% 12.46% 96.00% 4.00%
2000 100% 37.42% 56.47% 10.86% 67.33% 16.68% 84.01% 12.08% 96.09% 3.91%
IRS changed methodology, so data above and below this line not strictly comparable
2001 100% 15.68% 33.22% 52.24% 11.44% 63.68% 17.88% 81.56% 13.54% 95.10% 4.90%
2002 100% 15.09% 33.09% 52.86% 11.77% 64.63% 18.04% 82.67% 13.12% 95.79% 4.21%
2003 100% 15.37% 33.69% 53.54% 11.35% 64.89% 17.87% 82.76% 13.17% 95.93% 4.07%
2004 100% 17.12% 36.28% 56.35% 10.96% 67.30% 16.52% 83.82% 12.31% 96.13% 3.87%
2005 100% 18.91% 38.78% 58.93% 10.52% 69.46% 15.61% 85.07% 11.35% 96.41% 3.59%
2006 100% 19.24% 39.36% 59.49% 10.59% 70.08% 15.41% 85.49% 11.10% 96.59% 3.41%
2007 100% 19.84% 39.81% 59.90% 10.51% 70.41% 15.30% 85.71% 10.93% 96.64% 3.36%
2008 100% 18.20% 37.51% 58.06% 11.14% 69.20% 16.37% 85.57% 11.33% 96.90% 3.10%
2009 100% 16.91% 36.34% 58.17% 11.72% 69.89% 16.85% 86.74% 10.80% 97.54% 2.46%
2010 100% 17.88% 37.38% 59.07% 11.55% 70.62% 16.49% 87.11% 10.53% 97.64% 2.36%
2011 100% 16.14% 35.06% 56.49% 11.77% 68.26% 17.36% 85.62% 11.50% 97.11% 2.89%
2012 100% 18.60% 38.09% 58.95% 11.22% 70.17% 16.25% 86.42% 10.80% 97.22% 2.78%
Source: Internal Revenue Service.
Table 7. Dollar Cut-Off, 1980–2012 (minimum AGI for tax return to fall into various percentiles; thresholds not adjusted for inflation)
Year Top 0.1% Top 1% Top 5% Top 10% Top 25% Top 50%
1980 $80,580 $43,792 $35,070 $23,606 $12,936
1981 $85,428 $47,845 $38,283 $25,655 $14,000
1982 $89,388 $49,284 $39,676 $27,027 $14,539
1983 $93,512 $51,553 $41,222 $27,827 $15,044
1984 $100,889 $55,423 $43,956 $29,360 $15,998
1985 $108,134 $58,883 $46,322 $30,928 $16,688
1986 $118,818 $62,377 $48,656 $32,242 $17,302
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987 $139,289 $68,414 $52,921 $33,983 $17,768
1988 $157,136 $72,735 $55,437 $35,398 $18,367
1989 $163,869 $76,933 $58,263 $36,839 $18,993
1990 $167,421 $79,064 $60,287 $38,080 $19,767
1991 $170,139 $81,720 $61,944 $38,929 $20,097
1992 $181,904 $85,103 $64,457 $40,378 $20,803
1993 $185,715 $87,386 $66,077 $41,210 $21,179
1994 $195,726 $91,226 $68,753 $42,742 $21,802
1995 $209,406 $96,221 $72,094 $44,207 $22,344
1996 $227,546 $101,141 $74,986 $45,757 $23,174
1997 $250,736 $108,048 $79,212 $48,173 $24,393
1998 $269,496 $114,729 $83,220 $50,607 $25,491
1999 $293,415 $120,846 $87,682 $52,965 $26,415
2000 $313,469 $128,336 $92,144 $55,225 $27,682
IRS changed methodology, so data above and below this line not strictly comparable
2001 $1,393,718 $306,635 $132,082 $96,151 $59,026 $31,418
2002 $1,245,352 $296,194 $130,750 $95,699 $59,066 $31,299
2003 $1,317,088 $305,939 $133,741 $97,470 $59,896 $31,447
2004 $1,617,918 $339,993 $140,758 $101,838 $62,794 $32,622
2005 $1,938,175 $379,261 $149,216 $106,864 $64,821 $33,484
2006 $2,124,625 $402,603 $157,390 $112,016 $67,291 $34,417
2007 $2,251,017 $426,439 $164,883 $116,396 $69,559 $35,541
2008 $1,867,652 $392,513 $163,512 $116,813 $69,813 $35,340
2009 $1,469,393 $351,968 $157,342 $114,181 $68,216 $34,156
2010 $1,634,386 $369,691 $161,579 $116,623 $69,126 $34,338
2011 $1,717,675 $388,905 $167,728 $120,136 $70,492 $34,823
2012 $2,161,175 $434,682 $175,817 $125,195 $73,354 $36,055
Source: Internal Revenue Service.
Table 8. Average Tax Rate, 1980–2012 (percent of AGI paid in income taxes)
Year Total Top 0.1% Top 1% Top 5% Between 5% & 10% Top 10% Between 10% & 25% Top 25% Between 25% & 50% Top 50% Bottom 50%
1980 15.31% 34.47% 26.85% 17.13% 23.49% 14.80% 19.72% 11.91% 17.29% 6.10%
1981 15.76% 33.37% 26.59% 18.16% 23.64% 15.53% 20.11% 12.48% 17.73% 6.62%
1982 14.72% 31.43% 25.05% 16.61% 22.17% 14.35% 18.79% 11.63% 16.57% 6.10%
1983 13.79% 30.18% 23.64% 15.54% 20.91% 13.20% 17.62% 10.76% 15.52% 5.66%
1984 13.68% 29.92% 23.42% 15.57% 20.81% 12.90% 17.47% 10.48% 15.35% 5.77%
1985 13.73% 29.86% 23.50% 15.69% 20.93% 12.83% 17.55% 10.41% 15.41% 5.70%
1986 14.54% 33.13% 25.68% 15.99% 22.64% 12.97% 18.72% 10.48% 16.32% 5.63%
Tax Reform Act of 1986 changed the definition of AGI, so data above and below this line not strictly comparable
1987 13.12% 26.41% 22.10% 14.43% 19.77% 11.71% 16.61% 9.45% 14.60% 5.09%
1988 13.21% 24.04% 21.14% 14.07% 19.18% 11.82% 16.47% 9.60% 14.64% 5.06%
1989 13.12% 23.34% 20.71% 13.93% 18.77% 12.08% 16.27% 9.77% 14.53% 5.11%
1990 12.95% 23.25% 20.46% 13.63% 18.50% 12.01% 16.06% 9.73% 14.36% 5.01%
1991 12.75% 24.37% 20.62% 13.96% 18.63% 11.57% 15.93% 9.55% 14.20% 4.62%
1992 12.94% 25.05% 21.19% 13.99% 19.13% 11.39% 16.25% 9.42% 14.44% 4.39%
1993 13.32% 28.01% 22.71% 14.01% 20.20% 11.40% 16.90% 9.37% 14.90% 4.29%
1994 13.50% 28.23% 23.04% 14.20% 20.48% 11.57% 17.15% 9.42% 15.11% 4.32%
1995 13.86% 28.73% 23.53% 14.46% 20.97% 11.71% 17.58% 9.43% 15.47% 4.39%
1996 14.34% 28.87% 24.07% 14.74% 21.55% 11.86% 18.12% 9.53% 15.96% 4.40%
1997 14.48% 27.64% 23.62% 14.87% 21.36% 12.04% 18.18% 9.63% 16.09% 4.48%
1998 14.42% 27.12% 23.63% 14.79% 21.42% 11.63% 18.16% 9.12% 16.00% 4.44%
1999 14.85% 27.53% 24.18% 15.06% 21.98% 11.76% 18.66% 9.12% 16.43% 4.48%
2000 15.26% 27.45% 24.42% 15.48% 22.34% 12.04% 19.09% 9.28% 16.86% 4.60%
IRS changed methodology, so data above and below this line not strictly comparable
2001 14.47% 28.17% 27.60% 23.91% 15.20% 21.68% 11.87% 18.35% 9.20% 16.08% 4.92%
2002 13.28% 28.48% 27.37% 23.17% 14.15% 20.76% 10.70% 17.23% 8.00% 14.87% 3.86%
2003 12.11% 24.60% 24.38% 20.92% 12.46% 18.70% 9.69% 15.57% 7.41% 13.53% 3.49%
2004 12.31% 23.06% 23.52% 20.83% 12.53% 18.80% 9.41% 15.71% 7.27% 13.68% 3.53%
2005 12.65% 22.48% 23.15% 20.93% 12.61% 19.03% 9.45% 16.04% 7.18% 14.01% 3.51%
2006 12.80% 21.94% 22.80% 20.80% 12.84% 19.02% 9.52% 16.12% 7.22% 14.12% 3.51%
2007 12.90% 21.42% 22.46% 20.66% 12.92% 18.96% 9.61% 16.16% 7.27% 14.19% 3.56%
2008 12.54% 22.67% 23.29% 20.83% 12.66% 18.87% 9.45% 15.85% 6.97% 13.79% 3.26%
2009 11.39% 24.28% 24.05% 20.59% 11.53% 18.19% 8.36% 14.81% 5.76% 12.61% 2.35%
2010 11.81% 22.84% 23.39% 20.64% 11.98% 18.46% 8.70% 15.22% 6.01% 13.06% 2.37%
2011 12.54% 22.82% 23.50% 20.89% 12.83% 18.85% 9.70% 15.82% 6.98% 13.76% 3.13%
2012 13.11% 21.67% 22.83% 20.97% 13.33% 19.21% 9.96% 16.35% 7.21% 14.33% 3.28%
Source: Internal Revenue Service.

(1) For data prior to 2001, all tax returns that have a positive AGI are included, even those that do not have a positive income tax liability. For data from 2001 forward, returns with negative AGI are also included, but dependent returns are excluded.

(2) Income tax after credits (the tax measure above) does not account for the refundable portion of EITC. If it were included (as is often the case with other organizations), the tax share of the top income groups would be higher. The refundable portion is legally classified as a spending program by the Office of Management and Budget and therefore is not included by the IRS in these figures.

(3) The only tax analyzed here is the federal individual income tax, which is responsible for about 25 percent of the nation’s taxes paid (at all levels of government). Federal income taxes are much more progressive than payroll taxes, which are responsible for about 20 percent of all taxes paid (at all levels of government), and are more progressive than most state and local taxes (depending upon the economic assumption made about property taxes and corporate income taxes).

(4) AGI is a fairly narrow income concept and does not include income items like government transfers (except for the portion of Social Security benefits that is taxed), the value of employer-provided health insurance, underreported or unreported income (most notably that of sole proprietors), income derived from municipal bond interest, net imputed rental income, worker’s compensation benefits, and others.

(5) Tax return is the unit of analysis, which is broader than households, especially for those at the bottom end, many of which are dependent returns (prior to 2001). Some dependent returns are included in the figures here prior to 2001, and under other units of analysis (like the Treasury Department’s Family Economic Unit) would likely be paired with their parents’ returns.

(6) These figures represent the legal incidence of the income tax, although most distributional tables (such as those from CBO, Tax Policy Center, Citizens for Tax Justice, the Treasury Department, and JCT) assume that the entire economic incidence of personal income taxes falls on the income earner.


[1] Internal Revenue Service, SOI Tax Stats–Individual Income Tax Rates and Tax Shares,http://www.irs.gov/uac/SOI-Tax-Stats-Individual-Income-Tax-Rates-and-Tax-Shares.

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Hell On Wheels — Government Train Wreck Kills 8, Injures 200 Plus — Speeding At Over 100 Miles Per Hour in A 50 MPH Zone — Northeast Regional Train 188, from Washington to New York — Democrats Want More Money and Subsidies For Amtrak — Stop Subsidizing Silly Walks — $1 Billion Per Year For 44 Years in Subsidies To Amtrak — $45 Billion Total — Hell of A Way To Run A Railroad — Shut It Down — Videos

Posted on May 14, 2015. Filed under: American History, Banking, Blogroll, Business, College, Communications, Computers, Constitution, Corruption, Culture, Documentary, Economics, Education, Federal Government, Federal Government Budget, Fiscal Policy, Freedom, Friends, government, government spending, history, Investments, IRS, Law, liberty, Life, Links, Literacy, media, Microeconomics, Monetary Policy, Money, Movies, Music, People, Philosophy, Photos, Police, Politics, Press, Radio, Railroads, Rants, Raves, Regulations, Speech, Strategy, Talk Radio, Tax Policy, Taxes, Technology, Transportation, Video, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Story 1: Hell On Wheels — Government Train Wreck Kills 8, Injures 200 Plus — Speeding At Over 100 Miles Per Hour in A 50 MPH Zone —  Northeast Regional Train 188, from Washington to New York — Democrats Want More Money and Subsidies For Amtrak — Stop Subsidizing Silly Walks — $1 Billion Per Year For 44 Years in Subsidies To Amtrak — $45 Billion Total — Hell of A Way To Run A Railroad — Shut It Down —  Videos

In an aerial photo, emergency personnel work at the scene of a deadly train wreck, Wednesday, May 13, 2015, in Philadelphia, after a fatal Amtrak derailment Tuesday night, in the Port Richmond section of Philadelphia. Federal investigators arrived Wednesday to determine why an Amtrak train jumped the tracks in a wreck that killed at least six people, and injured dozens. (AP Photo/Patrick Semansky)

In an aerial photo, emergency personnel work at the scene of a deadly train wreck, Wednesday, May 13, 2015, in Philadelphia, after a fatal Amtrak derailment Tuesday night, in the Port Richmond section of Philadelphia. Federal investigators arrived Wednesday to determine why an Amtrak train jumped the tracks in a wreck that killed at least six people, and injured dozens. (AP Photo/Patrick Semansky)

image.adapt.960.high.amtrak_train_derailment

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Source: Amtrak train thought to be going twice as fast as it should have been

Amtrak Train That Derailed Was Going 100 M.P.H., Officials Say; 7 Killed

Amtrak Bill Continues History of Wasted Subsidies

Congressional Republicans were elected on a platform of cutting spending, but taxpayers will continue to pay for Amtrak’s losses for at least 5 more years if a bill that just passed the House becomes law.  Can’t Congress do better?

Amtrak has cost the government over $45 billion in subsidies over the last 44 years, allowing it to finance the upkeep of unprofitable routes, overstaffed trains, and the mismanagement of its food services.

The bipartisan Passenger Rail Reform and Investment Act of 2015 would subsidize Amtrak by an estimated $7 billion from 2016 to 2020.  It passed the House by 316 votes to 101 votes on Wednesday and is now headed to the Senate and, presumably, President Obama’s signature.  Amtrak has been operating without official funding authorization since the previous bill expired in October 2013.

Despite generous taxpayer subsidies, Amtrak has run operating losses every year since it began operating in 1971. Although these losses are declining, in 2014, the railroad reported what it described as a “strong” result, with an operating loss of only $227 million.

The operating loss is unlikely to continue to decline due to the losses in Amtrak’s long-distance routes, which bleed about $600 million annually. After factoring in depreciation and other expenses, Amtrak lost a total of $1.1 billion in 2014.

The railroad’s food and beverage service has been singled out in recent years by both government watchdogs and Congress for its wasteful use of government subsidies.  Amtrak lost over $900 million from 2003 to 2013 on food services alone.

In a 2012 congressional hearing, Rep. John Mica (R-FL) noted that a $9 cheeseburger sold on an Amtrak train actually costs $16 after factoring in the services’ operating expenses, and the $7 shortfall is subsidized taxpayers.  A 2013 Inspector General report found that employee-pass riders who are offered free trips on Amtrak also received complimentary meals, resulting in a $240,000 loss for the railroad in 2012.

A provision in the 2015 bill requires Amtrak to develop and implement a plan to eliminate the losses from its food and beverage in five years, but a similar rule passed decades ago failed to achieve savings. Amtrak was required by Congress to turn a profit from its food and beverage service in 1981, but the railroad never complied. A 1997 law went a step further by requiring Amtrak to operate subsidy-free by 2002, but losses continued, along with government subsidies.

The 2015 bill lacks an effective mechanism to force Amtrak’s food service to become solvent in an enforceable timeframe, thus allowing Amtrak to continue losing money without fear of losing its subsidies.  The millions lost from its food services are dwarfed by the billions spent on labor costs and mismanagement of funds, and will continue as long as subsidies prevent accountability for the losses.

The $1 billion in annual subsidies have not covered all of Amtrak’s expenses, and the company has incurred an estimated $1 billion in non-federal debt.  The 2015 bill authorizes $625 million in federal funds to pre-pay Amtrak’s non-federal debt as the railroad has been unable to renegotiate favorable terms to result in savings.

Amtrak’s largest expense is labor, salary, and benefits, which cost over $2 billion in 2014.  Maintaining fully-staffed trains on infrequently-traveled routes has contributed to high labor costs, but the pay rate of Amtrak’s employees raise its costs substantially. The average onboard employee made $41.19 an hour on Amtrak in 2012, while railroads that contracted out services to private companies paid their employees $7.75 to $13.00 an hour.

Base pay may already be substantial, but regulations and poor oversight allowed employees to pocket $185 million in overtime pay in 2013.  The management allowed employee misconduct and wasteful business practices to thrive, even as at the same time it hindered plans to make train stations accessible to the disabled to comply with the Americans with Disability Program.

Amtrak’s did not meet ADA’s goals due to lack of structure and a strategy, according to a 2014 IG report.  Management activities took up 46% of the $100 million budget, $6.5 million was spent on unrelated projects, and an undetermined amount was shipped out of state on non-ADA projects.

The ADA program’s failure was rooted in a lack of vision, goals and objectives, and was compounded by a lack of accountability and decision making authority. The IG’s summation of the ADA program reflects problems inherent to Amtrak’s culture. Its promises of reform have never fully materialized into solvency, and its failure to follow congressional mandates never resulted in penalties.  Amtrak has never made a profit because it doesn’t need to.

Privatizing Amtrak is the only option certain to prevent billions of taxpayer dollars from being wasted while providing the benefits that accompany competitive services. Congress should develop a plan to privatize the railroad and allow for private companies to compete for routes.

America has successfully privatized rail before, as freight railroads were once unprofitable enterprises subsidized by the federal government until the industry was deregulated and sold to private investors in the 1980s.  The industry has thrived since routes were opened up to competition.

Amtrak has had 44 years to become solvent without success.  Reducing labor costs can be an effective interim measure, but deregulating the passenger rail system is the best way to ensure improved service and lower fares for consumers. Cutting Amtrak’s subsidies and ending its monopoly is a responsible alternative to passing inneffective reforms.

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United States Economy Keeps Stagnating Along With Low Real GDP Economic Growth Rates Below 3% and Labor Participation Rates Below 66% — Obama’s Failed Economic Policies and Massive Deficits and Debt — Videos

Posted on May 13, 2015. Filed under: American History, Articles, Blogroll, Business, College, Communications, Computers, Constitution, Corruption, Crime, Data, Demographics, Documentary, Economics, Education, Employment, Faith, Family, Federal Government, Federal Government Budget, Fiscal Policy, Freedom, government, government spending, Health Care, history, Illegal, Immigration, Investments, IRS, Law, Legal, liberty, Life, Links, media, Money, Obamacare, People, Philosophy, Politics, Press, Public Sector, Rants, Raves, Regulations, Resources, Strategy, Talk Radio, Tax Policy, Taxes, Technology, Unemployment, Unions, Video, War, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Pronk Pops Show 462 May 8, 2015

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Pronk Pops Show 459 May 4, 2015

Pronk Pops Show 458 May 1, 2015

Pronk Pops Show 457 April 30, 2015

Pronk Pops Show 456: April 29, 2015

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Pronk Pops Show 436: March 27, 2015

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Story 2: United States Economy Keeps Stagnating Along With Low Real GDP Economic Growth Rates Below 3% and Labor Participation Rates Below 66% — Obama’s Failed Economic Policies and Massive Deficits and Debt — Videos

sgs-emp

gdp_large

Ep 81: The April Jobs Report and My Encounter With Ben Bernanke

U.S. gains 223,000 jobs in April

Labor Force Participation Rate

Labor participation rate is down to unprecedented levels

Governor Perry: Labor Force Participation Rate Reveals a ‘Sick Economy’

WSJ Markets Wrap: May 8, 2015

Modern Wall Street AM Anticipation: May 8, 2015

Weekly Market Wrap Up – May, 8 2015

May 8, 2015 Financial News – Business News – Stock Exchange – NYSE – Market News

Closing Bell Happy Hour: May 8, 2015

April Produces Encouraging Jobs Report

Civilian Labor Force Level

157,072,00

Series Id:           LNS11000000
Seasonally Adjusted
Series title:        (Seas) Civilian Labor Force Level
Labor force status:  Civilian labor force
Type of data:        Number in thousands
Age:                 16 years and over

civilian labor force

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 142267(1) 142456 142434 142751 142388 142591 142278 142514 142518 142622 142962 143248
2001 143800 143701 143924 143569 143318 143357 143654 143284 143989 144086 144240 144305
2002 143883 144653 144481 144725 144938 144808 144803 145009 145552 145314 145041 145066
2003 145937(1) 146100 146022 146474 146500 147056 146485 146445 146530 146716 147000 146729
2004 146842(1) 146709 146944 146850 147065 147460 147692 147564 147415 147793 148162 148059
2005 148029(1) 148364 148391 148926 149261 149238 149432 149779 149954 150001 150065 150030
2006 150214(1) 150641 150813 150881 151069 151354 151377 151716 151662 152041 152406 152732
2007 153144(1) 152983 153051 152435 152670 153041 153054 152749 153414 153183 153835 153918
2008 154063(1) 153653 153908 153769 154303 154313 154469 154641 154570 154876 154639 154655
2009 154210(1) 154538 154133 154509 154747 154716 154502 154307 153827 153784 153878 153111
2010 153484(1) 153694 153954 154622 154091 153616 153691 154086 153975 153635 154125 153650
2011 153314(1) 153227 153377 153566 153492 153350 153276 153746 154085 153935 154089 153961
2012 154445(1) 154739 154765 154589 154899 155088 154927 154726 155060 155491 155305 155553
2013 155825(1) 155396 155026 155401 155562 155761 155632 155529 155548 154615 155304 155047
2014 155486(1) 155688 156180 155420 155629 155700 156048 156018 155845 156243 156402 156129
2015 157180(1) 157002 156906 157072
1 : Data affected by changes in population controls.

Labor Force Participation Rate

62.8%

Series Id:           LNS11300000
Seasonally Adjusted
Series title:        (Seas) Labor Force Participation Rate
Labor force status:  Civilian labor force participation rate
Type of data:        Percent or rate
Age:                 16 years and over

Civilian labor force participation

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 67.3 67.3 67.3 67.3 67.1 67.1 66.9 66.9 66.9 66.8 66.9 67.0
2001 67.2 67.1 67.2 66.9 66.7 66.7 66.8 66.5 66.8 66.7 66.7 66.7
2002 66.5 66.8 66.6 66.7 66.7 66.6 66.5 66.6 66.7 66.6 66.4 66.3
2003 66.4 66.4 66.3 66.4 66.4 66.5 66.2 66.1 66.1 66.1 66.1 65.9
2004 66.1 66.0 66.0 65.9 66.0 66.1 66.1 66.0 65.8 65.9 66.0 65.9
2005 65.8 65.9 65.9 66.1 66.1 66.1 66.1 66.2 66.1 66.1 66.0 66.0
2006 66.0 66.1 66.2 66.1 66.1 66.2 66.1 66.2 66.1 66.2 66.3 66.4
2007 66.4 66.3 66.2 65.9 66.0 66.0 66.0 65.8 66.0 65.8 66.0 66.0
2008 66.2 66.0 66.1 65.9 66.1 66.1 66.1 66.1 66.0 66.0 65.9 65.8
2009 65.7 65.8 65.6 65.7 65.7 65.7 65.5 65.4 65.1 65.0 65.0 64.6
2010 64.8 64.9 64.9 65.2 64.9 64.6 64.6 64.7 64.6 64.4 64.6 64.3
2011 64.2 64.2 64.2 64.2 64.1 64.0 64.0 64.1 64.2 64.1 64.1 64.0
2012 63.7 63.8 63.8 63.7 63.8 63.8 63.7 63.5 63.6 63.7 63.6 63.7
2013 63.7 63.5 63.3 63.4 63.4 63.4 63.3 63.2 63.2 62.8 63.0 62.8
2014 63.0 63.0 63.2 62.8 62.8 62.8 62.9 62.9 62.7 62.8 62.9 62.7
2015 62.9 62.8 62.7 62.8

 

Employment Level

 

148, 523, 000

Series Id:           LNS12000000
Seasonally Adjusted
Series title:        (Seas) Employment Level
Labor force status:  Employed
Type of data:        Number in thousands
Age:                 16 years and over

employment level

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 136559(1) 136598 136701 137270 136630 136940 136531 136662 136893 137088 137322 137614
2001 137778 137612 137783 137299 137092 136873 137071 136241 136846 136392 136238 136047
2002 135701 136438 136177 136126 136539 136415 136413 136705 137302 137008 136521 136426
2003 137417(1) 137482 137434 137633 137544 137790 137474 137549 137609 137984 138424 138411
2004 138472(1) 138542 138453 138680 138852 139174 139556 139573 139487 139732 140231 140125
2005 140245(1) 140385 140654 141254 141609 141714 142026 142434 142401 142548 142499 142752
2006 143150(1) 143457 143741 143761 144089 144353 144202 144625 144815 145314 145534 145970
2007 146028(1) 146057 146320 145586 145903 146063 145905 145682 146244 145946 146595 146273
2008 146378(1) 146156 146086 146132 145908 145737 145532 145203 145076 144802 144100 143369
2009 142152(1) 141640 140707 140656 140248 140009 139901 139492 138818 138432 138659 138013
2010 138438(1) 138581 138751 139297 139241 139141 139179 139438 139396 139119 139044 139301
2011 139267(1) 139400 139649 139610 139639 139392 139520 139940 140156 140336 140780 140890
2012 141633(1) 141911 142069 141953 142231 142400 142270 142277 142953 143350 143279 143280
2013 143328(1) 143429 143374 143665 143890 144025 144275 144288 144297 143453 144490 144671
2014 145206(1) 145301 145796 145724 145868 146247 146401 146451 146607 147260 147331 147442
2015 148201(1) 148297 148331 148523
1 : Data affected by changes in population controls.

Unemployment Level
8,549,000

Series Id:           LNS13000000
Seasonally Adjusted
Series title:        (Seas) Unemployment Level
Labor force status:  Unemployed
Type of data:        Number in thousands
Age:                 16 years and over

Unemployment Level
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 5708 5858 5733 5481 5758 5651 5747 5853 5625 5534 5639 5634
2001 6023 6089 6141 6271 6226 6484 6583 7042 7142 7694 8003 8258
2002 8182 8215 8304 8599 8399 8393 8390 8304 8251 8307 8520 8640
2003 8520 8618 8588 8842 8957 9266 9011 8896 8921 8732 8576 8317
2004 8370 8167 8491 8170 8212 8286 8136 7990 7927 8061 7932 7934
2005 7784 7980 7737 7672 7651 7524 7406 7345 7553 7453 7566 7279
2006 7064 7184 7072 7120 6980 7001 7175 7091 6847 6727 6872 6762
2007 7116 6927 6731 6850 6766 6979 7149 7067 7170 7237 7240 7645
2008 7685 7497 7822 7637 8395 8575 8937 9438 9494 10074 10538 11286
2009 12058 12898 13426 13853 14499 14707 14601 14814 15009 15352 15219 15098
2010 15046 15113 15202 15325 14849 14474 14512 14648 14579 14516 15081 14348
2011 14046 13828 13728 13956 13853 13958 13756 13806 13929 13599 13309 13071
2012 12812 12828 12696 12636 12668 12688 12657 12449 12106 12141 12026 12272
2013 12497 11967 11653 11735 11671 11736 11357 11241 11251 11161 10814 10376
2014 10280 10387 10384 9696 9761 9453 9648 9568 9237 8983 9071 8688
2015 8979 8705 8575 8549

U- 3 Unemployment Rate

5.4%

Series Id: LNS14000000
Seasonally Adjusted
Series title: (Seas) Unemployment Rate
Labor force status: Unemployment rate
Type of data: Percent or rate
Age: 16 years and over

unemployment rate

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 4.0 4.1 4.0 3.8 4.0 4.0 4.0 4.1 3.9 3.9 3.9 3.9
2001 4.2 4.2 4.3 4.4 4.3 4.5 4.6 4.9 5.0 5.3 5.5 5.7
2002 5.7 5.7 5.7 5.9 5.8 5.8 5.8 5.7 5.7 5.7 5.9 6.0
2003 5.8 5.9 5.9 6.0 6.1 6.3 6.2 6.1 6.1 6.0 5.8 5.7
2004 5.7 5.6 5.8 5.6 5.6 5.6 5.5 5.4 5.4 5.5 5.4 5.4
2005 5.3 5.4 5.2 5.2 5.1 5.0 5.0 4.9 5.0 5.0 5.0 4.9
2006 4.7 4.8 4.7 4.7 4.6 4.6 4.7 4.7 4.5 4.4 4.5 4.4
2007 4.6 4.5 4.4 4.5 4.4 4.6 4.7 4.6 4.7 4.7 4.7 5.0
2008 5.0 4.9 5.1 5.0 5.4 5.6 5.8 6.1 6.1 6.5 6.8 7.3
2009 7.8 8.3 8.7 9.0 9.4 9.5 9.5 9.6 9.8 10.0 9.9 9.9
2010 9.8 9.8 9.9 9.9 9.6 9.4 9.4 9.5 9.5 9.4 9.8 9.3
2011 9.2 9.0 9.0 9.1 9.0 9.1 9.0 9.0 9.0 8.8 8.6 8.5
2012 8.3 8.3 8.2 8.2 8.2 8.2 8.2 8.0 7.8 7.8 7.7 7.9
2013 8.0 7.7 7.5 7.6 7.5 7.5 7.3 7.2 7.2 7.2 7.0 6.7
2014 6.6 6.7 6.6 6.2 6.3 6.1 6.2 6.1 5.9 5.7 5.8 5.6
2015 5.7 5.5 5.5 5.4

Not In Labor Force

93,194,000

Series Id:           LNS15000000
Seasonally Adjusted
Series title:        (Seas) Not in Labor Force
Labor force status:  Not in labor force
Type of data:        Number in thousands
Age:                 16 years and over

Not in labor force

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 69142 69120 69338 69267 69853 69876 70398 70401 70645 70782 70579 70488
2001 70088 70409 70381 70956 71414 71592 71526 72136 71676 71817 71876 72010
2002 72623 72010 72343 72281 72260 72600 72827 72856 72554 73026 73508 73675
2003 73960 74015 74295 74066 74268 73958 74767 75062 75249 75324 75280 75780
2004 75319 75648 75606 75907 75903 75735 75730 76113 76526 76399 76259 76581
2005 76808 76677 76846 76514 76409 76673 76721 76642 76739 76958 77138 77394
2006 77339 77122 77161 77318 77359 77317 77535 77451 77757 77634 77499 77376
2007 77506 77851 77982 78818 78810 78671 78904 79461 79047 79532 79105 79238
2008 78554 79156 79087 79429 79102 79314 79395 79466 79790 79736 80189 80380
2009 80529 80374 80953 80762 80705 80938 81367 81780 82495 82766 82865 83813
2010 83349 83304 83206 82707 83409 84075 84199 84014 84347 84895 84590 85240
2011 85390 85624 85623 85580 85821 86140 86395 86125 85986 86335 86351 86624
2012 87824 87696 87839 88195 88066 88068 88427 88840 88713 88491 88870 88797
2013 88838 89432 89969 89774 89801 89791 90124 90430 90620 91766 91263 91698
2014 91429 91398 91077 92019 91993 92114 91975 92210 92601 92414 92442 92898
2015 92544 92898 93175 93194

Total Unemployment Rate U-6

10.8%

Series Id:           LNS13327709
Seasonally Adjusted
Series title:        (seas) Total unemployed, plus all marginally attached workers plus total employed part time for economic reasons, as a percent of all civilian labor force plus all marginally attached workers
Labor force status:  Aggregated totals unemployed
Type of data:        Percent or rate
Age:                 16 years and over
Percent/rates:       Unemployed and mrg attached and pt for econ reas as percent of labor force plus marg attached

u6-unemploment rate

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 7.1 7.2 7.1 6.9 7.1 7.0 7.0 7.1 7.0 6.8 7.1 6.9
2001 7.3 7.4 7.3 7.4 7.5 7.9 7.8 8.1 8.7 9.3 9.4 9.6
2002 9.5 9.5 9.4 9.7 9.5 9.5 9.6 9.6 9.6 9.6 9.7 9.8
2003 10.0 10.2 10.0 10.2 10.1 10.3 10.3 10.1 10.4 10.2 10.0 9.8
2004 9.9 9.7 10.0 9.6 9.6 9.5 9.5 9.4 9.4 9.7 9.4 9.2
2005 9.3 9.3 9.1 8.9 8.9 9.0 8.8 8.9 9.0 8.7 8.7 8.6
2006 8.4 8.4 8.2 8.1 8.2 8.4 8.5 8.4 8.0 8.2 8.1 7.9
2007 8.4 8.2 8.0 8.2 8.2 8.3 8.4 8.4 8.4 8.4 8.4 8.8
2008 9.2 9.0 9.1 9.2 9.7 10.1 10.5 10.8 11.0 11.8 12.6 13.6
2009 14.2 15.2 15.8 15.9 16.5 16.5 16.4 16.7 16.7 17.1 17.1 17.1
2010 16.7 17.0 17.1 17.1 16.6 16.4 16.4 16.5 16.8 16.6 16.9 16.6
2011 16.2 16.0 15.9 16.1 15.8 16.1 15.9 16.1 16.3 15.8 15.5 15.2
2012 15.2 15.0 14.5 14.6 14.8 14.8 14.8 14.6 14.7 14.4 14.4 14.4
2013 14.5 14.3 13.8 14.0 13.8 14.2 13.8 13.6 13.6 13.7 13.1 13.1
2014 12.7 12.6 12.6 12.3 12.1 12.0 12.2 12.0 11.7 11.5 11.4 11.2
2015 11.3 11.0 10.9 10.8

Employment Situation Summary

Transmission of material in this release is embargoed until                  USDL-15-0838
8:30 a.m. (EDT) Friday, May 8, 2015

Technical information:
 Household data:       (202) 691-6378  *  cpsinfo@bls.gov  *  www.bls.gov/cps
 Establishment data:   (202) 691-6555  *  cesinfo@bls.gov  *  www.bls.gov/ces

Media contact:         (202) 691-5902  *  PressOffice@bls.gov


                      THE EMPLOYMENT SITUATION -- APRIL 2015


Total nonfarm payroll employment increased by 223,000 in April, and the 
unemployment rate was essentially unchanged at 5.4 percent, the U.S. Bureau
of Labor Statistics reported today. Job gains occurred in professional and 
business services, health care, and construction. Mining employment 
continued to decline.

Household Survey Data

In April, both the unemployment rate (5.4 percent) and the number of 
unemployed persons (8.5 million) were essentially unchanged. Over the 
year, the unemployment rate and the number of unemployed persons were down 
by 0.8 percentage point and 1.1 million, respectively. (See table A-1.)

Among the major worker groups, the unemployment rate for Asians increased 
to 4.4 percent. The rates for adult men (5.0 percent), adult women (4.9 
percent), teenagers (17.1 percent), whites (4.7 percent), blacks (9.6 
percent), and Hispanics (6.9 percent) showed little or no change in April. 
(See tables A-1, A-2, and A-3.)

The number of persons unemployed for less than 5 weeks increased by 241,000 
to 2.7 million in April. The number of long-term unemployed (those 
jobless for 27 weeks or more) changed little at 2.5 million, accounting 
for 29.0 percent of the unemployed. Over the past 12 months, the number 
of long-term unemployed has decreased by 888,000. (See table A-12.)

In April, the civilian labor force participation rate (62.8 percent) 
changed little. Since April 2014, the participation rate has remained 
within a narrow range of 62.7 percent to 62.9 percent. The employment-
population ratio held at 59.3 percent in April and has been at this level 
since January. (See table A-1.)

The number of persons employed part time for economic reasons (sometimes 
referred to as involuntary part-time workers) was little changed at 6.6 
million in April, but is down by 880,000 from a year earlier. These 
individuals, who would have preferred full-time employment, were working 
part time because their hours had been cut back or because they were 
unable to find a full-time job. (See table A-8.)

In April, 2.1 million persons were marginally attached to the labor 
force, little changed over the year. (The data are not seasonally 
adjusted.) These individuals were not in the labor force, wanted and 
were available for work, and had looked for a job sometime in the prior 
12 months. They were not counted as unemployed because they had not 
searched for work in the 4 weeks preceding the survey. (See table A-16.)

Among the marginally attached, there were 756,000 discouraged workers 
in April, little different from a year earlier. (The data are not 
seasonally adjusted.) Discouraged workers are persons not currently 
looking for work because they believe no jobs are available for them. 
The remaining 1.4 million persons marginally attached to the labor 
force in April had not searched for work for reasons such as school 
attendance or family responsibilities. (See table A-16.)

Establishment Survey Data

Total nonfarm payroll employment rose by 223,000 in April, after 
edging up in March (+85,000). In April, employment increased in 
professional and business services, health care, and construction, 
while employment in mining continued to decline. (See table B-1.)

Professional and business services added 62,000 jobs in April. 
Over the prior 3 months, job gains averaged 35,000 per month. In 
April, services to buildings and dwellings added 16,000 jobs, 
following little change in March. Employment continued to trend up 
in April in computer systems design and related services (+9,000), 
in business support services (+7,000), and in management and 
technical consulting services (+6,000).

Health care employment increased by 45,000 in April. Job growth was 
distributed among the three major components--ambulatory health care 
services (+25,000), hospitals (+12,000), and nursing and residential 
care facilities (+8,000). Over the past year, health care has added 
390,000 jobs.

Employment in construction rose by 45,000 in April, after changing 
little in March. Over the past 12 months, construction has added 
280,000 jobs. In April, job growth was concentrated in specialty 
trade contractors (+41,000), with employment gains about evenly 
split between the residential and nonresidential components. 
Employment declined over the month in nonresidential building 
construction (-8,000).

In April, employment continued to trend up in transportation and 
warehousing (+15,000).

Employment in mining fell by 15,000 in April, with most of the job 
loss in support activities for mining (-10,000) and in oil and gas 
extraction (-3,000). Since the beginning of the year, employment 
in mining has declined by 49,000, with losses concentrated in 
support activities for mining.

Employment in other major industries, including manufacturing, 
wholesale trade, retail trade, information, financial activities, 
leisure and hospitality, and government, showed little change 
over the month.

The average workweek for all employees on private nonfarm payrolls 
remained at 34.5 hours in April. The manufacturing workweek for 
all employees edged down by 0.1 hour to 40.8 hours, and factory 
overtime edged down by 0.1 hour to 3.2 hours. The average workweek 
for production and nonsupervisory employees on private nonfarm 
payrolls was unchanged at 33.7 hours. (See tables B-2 and B-7.)

In April, average hourly earnings for all employees on private 
nonfarm payrolls rose by 3 cents to $24.87. Over the past 12 
months, average hourly earnings have increased by 2.2 percent. 
Average hourly earnings of private-sector production and 
nonsupervisory employees edged up by 2 cents to $20.90 in April. 
(See tables B-3 and B-8.)

The change in total nonfarm payroll employment for February was 
revised from +264,000 to +266,000, and the change for March was 
revised from +126,000 to +85,000. With these revisions, 
employment gains in February and March combined were 39,000 
lower than previously reported. Over the past 3 months, job 
gains have averaged 191,000 per month.

_____________
The Employment Situation for May is scheduled to be released 
on Friday, June 5, 2015, at 8:30 a.m. (EDT).

http://www.bls.gov/news.release/empsit.nr0.htm

Civilian noninstitutional population247,439249,899250,080250,266186Civilian labor force155,420157,002156,906157,072166Participation rate62.862.862.762.80.1Employed145,724148,297148,331148,523192Employment-population ratio58.959.359.359.30.0Unemployed9,6968,7058,5758,549-26Unemployment rate6.25.55.55.4-0.1Not in labor force92,01992,89893,17593,19419Unemployment rates
Total, 16 years and over6.25.55.55.4-0.1Adult men (20 years and over)5.95.25.15.0-0.1Adult women (20 years and over)5.74.94.94.90.0Teenagers (16 to 19 years)19.117.117.517.1-0.4White5.34.74.74.70.0Black or African American11.410.410.19.6-0.5Asian5.94.03.24.41.2Hispanic or Latino ethnicity7.56.66.86.90.1Total, 25 years and over5.24.54.44.50.1Less than a high school diploma8.88.48.68.60.0High school graduates, no college6.35.45.35.40.1Some college or associate degree5.65.14.84.7-0.1Bachelor’s degree and higher3.32.72.52.70.2Reason for unemployment
Job losers and persons who completed temporary jobs5,1534,1804,1894,136-53Job leavers786884875828-47Reentrants2,6312,6552,6892,685-4New entrants1,05297281586853Duration of unemployment
Less than 5 weeks2,4512,4312,4882,7292415 to 14 weeks2,3462,2232,3122,307-515 to 26 weeks1,5091,3351,2531,139-11427 weeks and over3,4132,7092,5632,525-38Employed persons at work part time
Part time for economic reasons7,4606,6356,7056,580-125Slack work or business conditions4,5173,8474,0693,885-184Could only find part-time work2,6242,4262,3372,37437Part time for noneconomic reasons18,91519,83719,73320,056323Persons not in the labor force (not seasonally adjusted)
Marginally attached to the labor force2,1602,1592,0552,115Discouraged workers783732738756– Over-the-month changes are not displayed for not seasonally adjusted data.
NOTE: Persons whose ethnicity is identified as Hispanic or Latino may be of any race. Detail for the seasonally adjusted data shown in this table will not necessarily add to totals because of the independent seasonal adjustment of the various series. Updated population controls are introduced annually with the release of January data.
http://www.bls.gov/news.release/empsit.a.htmEmployment Situation Summary Table B. Establishment data, seasonally adjustedhttp://www.bls.gov/news.release/empsit.b.htm2015 April Job Cut Report: Cuts Surge to 61,582, 3-Year High

Falling oil prices contributed to a 68 percent surge in job cuts last month, as US-based employers announced workforce reductions totaling 61,582 in April, up from 36,594 in March, according to the latest report on monthly layoffs released Thursday by global outplacement consultancy Challenger, Gray & Christmas, Inc.

The April total was 53 percent higher than the same month a year ago, when 40,298 planned job cuts were recorded. It represents the highest monthly total since May 2012 (61,887) and the highest April total since 2009 (132,590).

Year to date, employers have announced 201,796 planned job cuts, which marks a 25 percent increase from the 161,639 layoffs tracked in the first four months of 2014. This is the largest four-month total since 2010.

Driving the increased pace of job cutting in April and for the year is the dramatic decline in oil prices, which is forcing producers and suppliers to cut production. Of the 61,582 job cut announced last month, 20,675 or 34 percent were directly attributed to oil prices.

For the year, oil prices were blamed for 68,285 job cuts, or about 34 percent of the 201,796 planned layoffs announced between January 1 and April 30.

“Schlumberger, Baker Hughes and Halliburton have all announced multiple rounds of job cuts in recent months, including April. The largest job cut of the month came from Schlumberger, which announced that it will shed 11,000 workers, in addition to the 9,000 laid off in January,” said John A. Challenger, chief executive officer of Challenger, Gray & Christmas.

“The jobs that are most vulnerable are those in the field – engineers, oil rig operators, drill operators, refinery operators, etc. Managers and executives in the corporate offices are more secure, but the drop in oil prices is leading to increased merger activity, which could put more executives at risk of job loss,” said Challenger.

Most of the oil-related layoffs have occurred in the energy sector, which is the top job-cutting industry to date, with 57,556 planned cuts. That is more than double the second-ranked retail sector, which has announced 26,096 job cuts this year.

The pace of retail sector job cuts is slightly higher than a year ago, when these employers announced 25,224 job cuts through the first four months.

“Low oil prices should be helping retailers. However, the extra money in Americans’ wallets do not appear to be making it into the nation’s cash registers. Retail sales have been lackluster, at best. Furthermore, consumer products giant Procter & Gamble announced in April that it would reduce its headcount by as many as 6,000 workers over the next two years, following a poor earnings report,” noted Challenger.

“We could be witnessing the after-effect of the severe and protracted recession. Much like the generation that lived through the Great Depression, those who scraped by during the recession are being extra careful with their money. Another factor is that not everyone’s boat is rising with the tide. Many Americans are still struggling to find work and those that do are not earning as much they once did,” he said.

https://www.challengergray.com/press/press-releases/2015-april-job-cut-report-cuts-surge-61582-3-year-high

 

HOUSEHOLD DATA
Summary table A. Household data, seasonally adjusted
[Numbers in thousands]

CategoryApr.
2014Feb.
2015Mar.
2015Apr.
2015Change from:
Mar.
2015-
Apr.
2015

Employment status

 

Civilian noninstitutional population

247,439249,899250,080250,266186

Civilian labor force

155,420157,002156,906157,072166

Participation rate

62.862.862.762.80.1

Employed

145,724148,297148,331148,523192

Employment-population ratio

58.959.359.359.30.0

Unemployed

9,6968,7058,5758,549-26

Unemployment rate

6.25.55.55.4-0.1

Not in labor force

92,01992,89893,17593,19419

Unemployment rates

 

Total, 16 years and over

6.25.55.55.4-0.1

Adult men (20 years and over)

5.95.25.15.0-0.1

Adult women (20 years and over)

5.74.94.94.90.0

Teenagers (16 to 19 years)

19.117.117.517.1-0.4

White

5.34.74.74.70.0

Black or African American

11.410.410.19.6-0.5

Asian

5.94.03.24.41.2

Hispanic or Latino ethnicity

7.56.66.86.90.1

Total, 25 years and over

5.24.54.44.50.1

Less than a high school diploma

8.88.48.68.60.0

High school graduates, no college

6.35.45.35.40.1

Some college or associate degree

5.65.14.84.7-0.1

Bachelor’s degree and higher

3.32.72.52.70.2

Reason for unemployment

 

Job losers and persons who completed temporary jobs

5,1534,1804,1894,136-53

Job leavers

786884875828-47

Reentrants

2,6312,6552,6892,685-4

New entrants

1,05297281586853

Duration of unemployment

 

Less than 5 weeks

2,4512,4312,4882,729241

5 to 14 weeks

2,3462,2232,3122,307-5

15 to 26 weeks

1,5091,3351,2531,139-114

27 weeks and over

3,4132,7092,5632,525-38

Employed persons at work part time

 

Part time for economic reasons

7,4606,6356,7056,580-125

Slack work or business conditions

4,5173,8474,0693,885-184

Could only find part-time work

2,6242,4262,3372,37437

Part time for noneconomic reasons

18,91519,83719,73320,056323

Persons not in the labor force (not seasonally adjusted)

 

Marginally attached to the labor force

2,1602,1592,0552,115

Discouraged workers

783732738756

 

– Over-the-month changes are not displayed for not seasonally adjusted data.
NOTE: Persons whose ethnicity is identified as Hispanic or Latino may be of any race. Detail for the seasonally adjusted data shown in this table will not necessarily add to totals because of the independent seasonal adjustment of the various series. Updated population controls are introduced annually with the release of January data.

ESTABLISHMENT DATA
Summary table B. Establishment data, seasonally adjusted
CategoryApr.
2014Feb.
2015Mar.
2015(p)Apr.
2015(p)

EMPLOYMENT BY SELECTED INDUSTRY
(Over-the-month change, in thousands)

 

Total nonfarm

33026685223

Total private

31326194213

Goods-producing

5820-2131

Mining and logging

6-14-12-15

Construction

4131-945

Manufacturing

11301

Durable goods(1)

1261-1

Motor vehicles and parts

0.53.4-0.76.0

Nondurable goods

-1-3-12

Private service-providing

255241115182

Wholesale trade

14.910.49.9-4.5

Retail trade

42.723.124.512.1

Transportation and warehousing

12.99.48.115.2

Utilities

-0.80.91.01.3

Information

5703

Financial activities

9979

Professional and business services(1)

72493562

Temporary help services

13.8-4.413.216.1

Education and health services(1)

39613561

Health care and social assistance

29.738.730.655.6

Leisure and hospitality

4561-617

Other services

151016

Government

175-910

(3-month average change, in thousands)

 

Total nonfarm

248265184191

Total private

237261186189

WOMEN AND PRODUCTION AND NONSUPERVISORY EMPLOYEES
AS A PERCENT OF ALL EMPLOYEES(2)

 

Total nonfarm women employees

49.449.349.349.3

Total private women employees

47.947.947.947.9

Total private production and nonsupervisory employees

82.782.582.582.4

HOURS AND EARNINGS
ALL EMPLOYEES

 

Total private

 

Average weekly hours

34.534.634.534.5

Average hourly earnings

$24.34$24.78$24.84$24.87

Average weekly earnings

$839.73$857.39$856.98$858.02

Index of aggregate weekly hours (2007=100)(3)

100.5103.1102.8103.0

Over-the-month percent change

0.30.3-0.30.2

Index of aggregate weekly payrolls (2007=100)(4)

116.8121.9121.9122.3

Over-the-month percent change

0.30.30.00.3

DIFFUSION INDEX
(Over 1-month span)(5)

 

Total private (263 industries)

69.862.059.557.0

Manufacturing (80 industries)

58.154.445.650.6

Footnotes
(1) Includes other industries, not shown separately.
(2) Data relate to production employees in mining and logging and manufacturing, construction employees in construction, and nonsupervisory employees in the service-providing industries.
(3) The indexes of aggregate weekly hours are calculated by dividing the current month’s estimates of aggregate hours by the corresponding annual average aggregate hours.
(4) The indexes of aggregate weekly payrolls are calculated by dividing the current month’s estimates of aggregate weekly payrolls by the corresponding annual average aggregate weekly payrolls.
(5) Figures are the percent of industries with employment increasing plus one-half of the industries with unchanged employment, where 50 percent indicates an equal balance between industries with increasing and decreasing employment.
(p) Preliminary

NOTE: Data have been revised to reflect March 2014 benchmark levels and updated seasonal adjustment factors.

 

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