Progressive Interventionist Neoconservative Warmonger Senator John McCain — Let The NATO Nations Defend Themselves and Pay For Their Own Defense — Progressive Democrats and Republicans Have Given The American People The Warfare and Welfare State and Replaced The Constitutional American Republic With A Declining and Falling American Empire of The Two Party Tyranny — $20 Trillion in Debt and Unfunced Liabilities Exceeding $210 Trillion and Growing — A Day of Reckoning — United States Is Bankrupt — Steve Bannon and President Trump Know It — Videos

Posted on March 16, 2017. Filed under: Articles, Banking, Blogroll, Books, Business, Communications, Computers, Congress, conservatives, Constitution, Corruption, Culture, Demographics, Diasters, Documentary, Economics, History of Economic Thought, Investments, Macroeconomics, Microeconomics, Monetary Policy, Money, Non-Fiction, Technology, Unemployment, Video, War, Wealth, Weather, Welfare, Wisdom, World War II, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , |

 “It is our true policy to steer clear of permanent alliance with any portion of the foreign world”

~George Washington

 “Peace, commerce, and honest friendship with all nations-entangling alliances with none.”

~Thomas Jefferson

Image result for quotes george washington on steer clear of permanent alliancesImage result for quotes george washington on alliances

Image result for NATO map

Image result for NATO list of countries and date joined

Image result for NATO list of countries and date joined

Image result for NATO list of countries and date joined

Image result for NATO list of countries and date joined

Image result for quotes george washington on alliances

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National Debt Clock

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Sen McCain on Sen. Paul: “The Senator from Kentucky is now working for Vladimir Putin.” (C-SPAN)

Rand Paul ‘John McCain is proof we need term limits’

[youtube3=https://www.youtube.com/watch?v=AGT4wCmKjas]

RAND PAUL VS. JOHN MCCAIN: RAND REACTS TO MCCAIN’S RUSSIAN AGENT CLAIM!!

Rand Paul: McCain ‘past his prime,’ maybe ‘unhinged’

Pence: Time For Allies To Pay Fair Share For NATO

Other NATO members need to pay their fair share?

Trump complains at NATO countries for not paying defense share

Congressman Ron Paul, MD – We’ve Been NeoConned

Steve Bannon Lays Out His AMAZING Political Philosophy

Published on Nov 18, 2016

Speech by Stephen K. Bannon (Steve Bannon), Donald Trump’s senior strategic advisor and architect of his winning 2016 election. In this speech delivered to the Liberty Restoration Foundation, Bannon layed out the poliitical philosophy both he and Trump embrace, and which appealed to the American people in the election. It is conservative, perhaps explaining why the political liberal left has resorted to evidently incorrect allegations of antisemitism or racism to try to derail his appointment. Bannon was a Hollywood producer who invested in the Seinfeld comedy TV series, and later became the chair of the Brietbart News Service, expanding it into one of the leading news sources nationally, as an alternative to liberal media outlets that previously dominated US media. He joined the Trump campaign in June 2016, leading him to victory and the White House. Do you think that Bannon is racist, as the democrats have alleged?

Deficits, Debts and Unfunded Liabilities: The Consequences of Excessive Government Spending

Uploaded on May 10, 2010

Huge budget deficits and record levels of national debt are getting a lot of attention, but this video explains that unfunded liabilities for entitlement programs are Americas real red-ink challenge. More important, this CF&P mini-documentary reveals that deficits and debt are symptoms of the real problem of an excessive burden of government spending. http://www.freedomandprosperity.org

III – Unfunded Liabilities

Rhett Talks – Is the United States Bankrupt?

Laurence Kotlikoff at MTSU November 5, 2015

‘US hides real debt, in worse shape than Greece’

Unfunded Liabilities: James Cox of Silver Bullion interviews Professor Kotlikoff

The Actual Fiscal Gap Is Approximately $210 Trillion Dollars With All The Unfunded Liabilities, The Average Person, Every Man, Woman, And Child Owes……$666,666.667

8 years ago, when Obama took office, the Debt Clock was at 9 TRILLION Dollars.
Today, the US Debt Clock at almost 20 TRILLION Dollars.
http://www.usdebtclock.org/

This is an 87% increase.

The actual Fiscal Gap is approximately $210 TRILLION Dollars.
with all the unfunded liabilities.

With the population of the US is over 315 MILLION People, this means that the average person, every man, woman, and child owes……$666,666.667

Where does this lead?
Look at Brazil, Argentina, Cyprus, Greece, Italy,……

Who ends up with the bill?
THE TAXPAYER!

http://investmentwatchblog.com/the-actual-fiscal-gap-is-approximately-210-trillion-dollars-with-all-the-unfunded-liabilities-the-average-person-every-man-woman-and-child-owes-666666-667/

17 Nobel Laureates and 1200+ Economists Agree with Ben Carson re U.S. Fiscal Gap

I cover economics, personal, national, and international.

Michelle Lee, a fact checker with the Washington Post, just posted a long and, to my mind, highly political column. Her column, read carefully, undermines Presidential candidate Ben Carson’s absolutely correct claim, made in announcing his candidacy, that the true measure of U.S. fiscal debt is not the $13 trillion our government reports as its debt. Instead, our true debt is over $200 trillion. Obviously, most of this true debt has been kept off the books by our politicians.

In this column, I’m going to defend Dr. Carson’s statement. But I want to point out that I don’t know Dr. Carson. I have never spoken with him. And I don’t yet know enough about Dr. Carson’s positions to have a view about his overall suitability for President. I am, however, impressed that out of the gate he is talking about the right measure of our nation’s fiscal condition.

I spoke at length to Michelle Lee prior to her writing her column. She told me she was a fact checker. But when fact checking turns into disguised political commentary, there’s a problem. Fact checkers are supposed to check the facts with experts. When it comes to economics, the experts are PhD economists, not political organizations or people, without real economics training, parading as economists, both of which she quotes in undermining Dr. Carson’s credibility.

Now let me turn to the substance. In referring to $211 trillion in unfunded mandates, Dr. Carson was referencing my calculation of the U.S. fiscal gap. As I explained in a NY Times op ed, the U.S. fiscal gap is $210 trillion. So Dr. Carson was off by $1 trillion – by less than one half of one percent.

The fiscal gap is the present value of all projected future expenditures less the present value of all projected future taxes. The fiscal gap is calculated over the infinite horizon. But since future expenditures and taxes far off in the future are being discounted, their contribution to the fiscal gap is smaller the farther out one goes. The $210 trillion figure is based on the Congressional Budget Office’s July 2014 Alternative Fiscal Scenario projections, which I extended beyond their 75-year horizon.

Dr. Carson referenced $211 trillion as the size of “unfunded mandates.” Michelle Lee correctly points out that Dr. Carson was referencing the U.S. fiscal gap, not the present value of mandatory spending. What she knew (because I told her), but failed to say, is that the present value of mandatory spending is far larger than $210 trillion because the fiscal gap is a net, not a gross number.

Michelle Lee is not a PhD economist. Nor is Bruce Barlett, whose truly absurd statement about the debt being an asset she quotes. Yes, it’s an asset, but it’s an asset that young and future generations must pay off. Social Security benefits are also an asset to their recipients, but again, they must be paid off by people who aren’t getting the benefits.

Michelle Lee apparently takes Bruce Bartell’s views more seriously than the views of 17 Nobel Laureates in economics and over 1200 PhD economists from MIT, Harvard, Stanford, Chicago, Berkeley, Yale, Columbia, Penn, and lesser known universities and colleges around the country. Each of these economists has endorsed The Inform Act, a bi-partisan bill that requires the CBO, GAO, and OMB to do infinite horizon fiscal gap accounting on a routine and ongoing basis.

https://www.forbes.com/sites/kotlikoff/2015/05/13/17-nobel-laureates-and-1200-economists-agree-with-ben-carson-re-u-s-fiscal-gap/#46c13e954d17

National Debt

What You’ll Find

Comprehensive and meticulously documented facts about the national debt. Learn about various measures of the national debt, contributing factors, consequences, and more. For example:


Citation Generator

Introductory Notes

In keeping with the practice of the Congressional Budget Office and other federal agencies that deal with budget policy, many of the federal debt, spending, and revenue figures in this research are expressed as a portion of gross domestic product (GDP). This is because debates about the size of government and the effects of its debt are frequently centered upon how much of a nation’s economy is consumed by government. This measure also accounts for population growth, some of the effects of inflation, and the relative capacity of government to service its debt.

However, the federal government does not have the entire U.S. economy at its disposal to service federal debt. The private sector, which produces the goods and services that comprise most of the economy, utilizes some of these resources, and local and state governments also consume some of the nation’s GDP. Hence, this research sometimes expresses federal debt as a portion of annual federal revenues. This is a more direct measure of the federal government’s capacity to service its debt.

In keeping with Just Facts’ Standards of Credibility, all graphs in this research show the full range of available data, and all facts are cited based upon availability and relevance, not to slant results by singling out specific years that are different from others.

Click here for a video that summarizes some of the key facts in this research.

Quantifying the National Debt

* As of March 1, 2017, the official debt of the United States government is $19.9 trillion ($19,920,418,771,289).[1] This amounts to:

  • $61,365 for every person living in the U.S.[2]
  • $158,326 for every household in the U.S.[3]
  • 106% of the U.S. gross domestic product.[4]
  • 560% of annual federal revenues.[5]
Debt as a Portion of the Economy

[6]

* Publicly traded companies are legally required to account for “explicit” and “implicit” future obligations such as employee pensions and retirement benefits.[7] [8] [9] The federal budget, which is the “government’s primary financial planning and control tool,” is not bound by this rule.[10] [11]

* At the close of the federal government’s 2016 fiscal year (September 30, 2016), the federal government had roughly:

  • $8.5 trillion ($8,542,000,000,000) in liabilities that are not accounted for in the publicly held national debt, such as federal employee retirement benefits, accounts payable, and environmental/disposal liabilities.[12]
  • $29.0 trillion ($29,038,000,000,000) in obligations for current Social Security participants above and beyond projected revenues from their payroll and benefit taxes, certain transfers from the general fund of the U.S. Treasury, and assets of the Social Security trust fund.[13] [14]
  • $32.9 trillion ($32,900,000,000,000) in obligations for current Medicare participants above and beyond projected revenues from their payroll taxes, benefit taxes, premium payments, and assets of the Medicare trust fund.[15] [16]

* The figures above are determined in a manner that approximates how publicly traded companies are required to calculate their liabilities and obligations.[17] [18] [19] The obligations for Social Security and Medicare represent how much money must be immediately placed in interest-bearing investments to cover the projected shortfalls between dedicated revenues and expenditures for all current participants in these programs (both taxpayers and beneficiaries).[20] [21] [22]

* Combining the figures above with the national debt and subtracting the value of federal assets, the federal government had about $84.3 trillion ($84,306,000,000,000) in debts, liabilities, and unfunded obligations at the close of its 2016 fiscal year.[23]

* This $84.3 trillion shortfall is 93% of the combined net worth of all U.S. households and nonprofit organizations, including all assets in savings, real estate, corporate stocks, private businesses, and consumer durable goods such as automobiles and furniture.[24] [25]

* This shortfall equates to:

  • $260,382 for every person living in the U.S.[26]
  • $670,058 for every household in the U.S.[27]
  • 451% of the U.S. gross domestic product.[28]
  • 2,370% of annual federal revenues.[29]

* These figures do not account for the future costs implied by any current policies except those of the Social Security and Medicare programs.[30]

* These figures are based upon current federal law and “a wide range of complex assumptions” made by federal agencies.[31] Regarding this:

  • The Board of Social Security Trustees has stated that “significant uncertainty” surrounds the “best estimates” of future circumstances.”[32]
  • The Board of Medicare Trustees has stated that the program’s financial projections “are highly uncertain, especially when looking out more than several decades.”
  • The Board of Medicare Trustees has stated that the program’s long-term costs may be “substantially higher” than projected under current law. This is because current law includes the effects of the Affordable Care Act, which will cut Medicare prices for “many” healthcare services to “less than half of their level” under prior law. Per the Trustees:
Absent an unprecedented change in health care delivery systems and payment mechanisms, the prices paid by Medicare for health services will fall increasingly short of the costs of providing these services. … Before such an outcome would occur, lawmakers would likely intervene to prevent the withdrawal of providers from the Medicare market and the severe problems with beneficiary access to care that would result.[33]

Causes of the National Debt

Spending and Taxes

Current Expenditures and Receipts

† To measure the entirety of government expenditures and receipts, “total” instead of “current” figures are preferable, but such data (shown in the next graph) only extends back to 1960.[34]

‡ In 2015, receipts consisted of: 97% taxes; 2% premiums, settlements, donations, fines, fees, & penalties; 1% interest & dividends.[35]

[36]

* Data from the graph above:

Year Receipts
(Portion of GDP)
Expenditures
(Portion of GDP)
1930 3% 3%
1940 8% 9%
1950 16% 16%
1960 17% 17%
1970 17% 20%
1980 19% 22%
1990 18% 22%
2000 20% 19%
2010 16% 25%
2015 19% 22%

Total Expenditures and Receipts

[37]

* Data from the graph above:

Year Receipts
(Portion of GDP)
Expenditures
(Portion of GDP)
1960 18% 19%
1970 18% 21%
1980 19% 23%
1990 18% 22%
2000 20% 19%
2010 16% 27%
2015 19% 22%

Spending Distribution

Current Expenditures by Function

† Social programs include income security, healthcare, education, housing, and recreation.

‡ National defense includes military spending and veterans’ benefits.

§ General government and debt service includes the executive & legislative branches, tax collection, financial management, and interest payments.

# Economic affairs includes transportation, general economic & labor affairs, agriculture, natural resources, energy, and space. (This excludes spending for infrastructure projects such as new highways, which is not accounted for in this graph.[38])

£ Public order and safety includes police, fire, law courts, prisons, and immigration enforcement.

[39]

* Data from the graph above:

Category Portion of Total Federal Spending
1960 1970 1980 1990 2000 2010 2015
Social Programs 21% 32% 45% 44% 54% 61% 63%
National Defense 53% 42% 26% 25% 19% 20% 19%
General Government & Debt Service 19% 18% 21% 25% 21% 13% 13%
Economic Affairs & Infrastructure 6% 7% 7% 5% 5% 4% 4%
Public Order & Safety 0% 0% 1% 1% 1% 1% 1%

Tax Distribution

Effective Tax Rates by Income

NOTE: This data does not account for 7% of federal revenues that could not be allocated to households by income group.

[40]

* Data from the graph above:

Average Effective Federal Tax Burdens (2013)
Income Group Household Income Tax Rate Taxes Paid
Lowest 20% $25,400 3.3% $838
Second 20% $47,400 8.4% $3,982
Middle 20% $69,700 12.8% $8,922
Fourth 20% $103,700 17.0% $17,629
Highest 20% $265,000 26.3% $69,695

* Breakdown of the highest 20%:

Income Group Household Income Tax Rate Taxes Paid
81st – 90th $147,100 20.7% $30,450
91st – 95th $201,400 23.0% $46,322
96th – 99th $326,800 26.3% $85,948
Top 1 % $1,571,600 34.0% $534,344

Consequences

* As detailed in publications of the Congressional Budget Office, the Brookings Institution, and Princeton University Press, the following are some potential consequences of unchecked government debt:

  • reduced “future national income and living standards.”[41] [42] [43]
  • “reductions in spending” on “government programs.”[44]
  • “higher marginal tax rates.”[45]
  • “higher inflation” that increases “the size of future budget deficits” and decreases the “the purchasing power” of citizens’ savings and income.”[46] [47]
  • restricted “ability of policymakers to use fiscal policy to respond to unexpected challenges, such as economic downturns or international crises.”[48]
  • “losses for mutual funds, pension funds, insurance companies, banks, and other holders of federal debt.”[49]
  • increased “probability of a fiscal crisis in which investors would lose confidence in the government’s ability to manage its budget, and the government would be forced to pay much more to borrow money.”[50] [51]

* In 2012, the Journal of Economic Perspectives published a paper about the economic consequences of government debt. Using 2,000+ data points on national debt and economic growth in 20 advanced economies (such as the United States, France, and Japan) from 1800–2009, the authors found that countries with national debts above 90% of GDP averaged 34% less real annual economic growth than when their debts were below 90% of GDP.[52]

* The United States exceeded a debt/GDP level of 90% in the second quarter of 2010.[53]

* Per the textbook Microeconomics for Today:

GDP per capita provides a general index of a country’s standard of living. Countries with low GDP per capita and slow growth in GDP per capita are less able to satisfy basic needs for food, shelter, clothing, education, and health.[54]

* In 2013, the Political Economy Research Institute at the University of Massachusetts, Amherst, published a working paper about the economic consequences of government debt. Using data on national debt and economic growth in 20 advanced economies from 1946-2009, the authors found that countries with national debts over 90% of GDP averaged:

  • 31% less real annual economic growth than countries with debts from 60% to 90% of GDP,
  • 29% less real annual economic growth than countries with debts from 30% to 60% of GDP,
  • and 48% less real annual economic growth than countries with debts from 0% to 30% of GDP.[55]

* The authors of the above-cited papers have engaged in a heated dispute about the results of their respective papers and the effects of government debt on economic growth. Facts about these issues can be found in the Just Facts Daily article, “Do large national debts harm economies?

Politics

Responsibility

* The U.S. Constitution vests Congress with the powers to tax, spend, and pay the debts of the federal government. Legislation to carry out these functions must either be:

  • passed by majorities in both houses of Congress and approved by the President; or
  • passed by majorities in both houses of Congress, vetoed by the President, and then passed by two-thirds of both houses of Congress; or
  • passed by majorities in both houses of Congress and left unaddressed by the President for ten days.[56]

* Other factors impacting the national debt include but are not limited to legislation passed by previous congresses and presidents,[57] economic cycles, terrorist attacks, natural disasters, demographics, and the actions of U.S. citizens and foreign governments.[58]


Current Policies

* In 2014, the Congressional Budget Office (CBO) projected the debt that the U.S. government would accumulate under current federal policies.[59] The projection used the following assumptions:

  • Unemployment will incrementally decline from 6.8% in 2014 to 5.8% in 2018 and 5.3% in 2027, where it will remain thereafter.[60] (For reference, the average of the previous 40 years is 6.5%.[61])
  • GDP growth will incrementally decline from an average rate of 3.4% above the rate of inflation in 2015 to 1.9% in 2021 and remain constant thereafter.[62] (The average of the previous 40 years is 2.9%.[63])
  • Federal revenues (i.e., taxes) will incrementally increase from 17.4% of GDP in 2014 to 18.0% in 2024 and remain constant thereafter.[64] (The average of the previous 40 years is 17.4%.[65])
  • Federal spending will incrementally increase from 20.4% of GDP in 2014 to 23.6% in 2025 and 31.8% in 2040.[66] (The average of the previous 40 years is 20.5%.[67])
  • Payments for Medicare services will undergo scheduled reductions that would likely cause “severe problems with beneficiary access to care.”[68] [69]

* Combining these projections with historical data yields the following results:

Revenues and Spending Under Current Policies

[70]

Debt Under Current Policies

† To measure the entirety of the national debt, it would be preferable to show “gross” debt instead of “publicly held” debt, but this data is not presented in this report. Nonetheless, it would make little difference because the excluded debt primarily resides in federal government trust funds that dwindle and become insolvent during the projection period.[71] Facts regarding why and how the federal government keeps its books in this manner are covered in the section of this research entitled “Government Accounting.”

[72]

* Per CBO, postponing action to stabilize the debt will:

  • punish younger generations of Americans, because most of the burden would fall on them.
  • reward older generations of Americans, because “they would partly or entirely avoid the policy changes needed to stabilize the debt.”
  • “substantially increase the size of the policy adjustments needed to put the budget on a sustainable course.”[73] [74]

* The following Ph.D. economists and political scientists have claimed that the level of national debt during World War II is a good reason to not be overly concerned about the modern national debt:

  • Paul Davidson, editor of the Journal of Post Keynesian Economics and author of The Keynes Solution: The Path to Global Economic Prosperity:[75]
Rather than bankrupting the nation, this large growth in the national debt [during World War II] promoted a prosperous economy. By 1946, the average American household was living much better economically than in the prewar days. Moreover, the children of that Depression–World War II generation were not burdened by having to pay off what then was considered a huge national debt. Instead, for the next quarter century, the economy continued on a path of unprecedented economic growth and prosperity….[76]
  • Douglas J. Amy, professor of politics at Mount Holyoke College:[77]
Conservatives are also wrong when they argue that deficit spending and a large national debt will inevitably undermine economic growth. To see why, we need to simply look back at times when we have run up large deficits and increased the national debt. The best example is World War II when the national debt soared to 120% of GDP—nearly twice the size of today’s debt. This spending not only got us out of the Great Depression but set the stage for a prolonged period of sustained economic growth in the 50s and 60s.[78]
  • Paul Krugman, Nobel Prize-winning economist and Princeton University professor:[79]
Right now, federal debt is about 50% of GDP. So even if we do run these deficits, federal debt as a share of GDP will be substantially less than it was at the end of World War II.
Again, the debt outlook is bad. But we’re not looking at something inconceivable, impossible to deal with; we’re looking at debt levels that a number of advanced countries, the U.S. included, have had in the past, and dealt with.[80]

* In the 40 years that followed the end of World War II (1946–1985):

  • federal spending as a percent of GDP averaged 42% lower than the last year of the war.[81]
  • publicly held debt as a percent of GDP decreased by 72 percentage points.[82]

* In 2010, around the time when the statements above were written, the Congressional Budget Office projected that under current policy and a sustained economic recovery over the next 40 years:

  • federal spending as a percent of GDP will average over 78% higher than in the four decades that followed World War II.[83]
  • publicly held debt as a percent of GDP will rise by 277 percentage points.[84]

Alternative Policies

* As alternatives to the CBO’s current policy projections detailed above, the CBO also ran projections for scenarios such as these:

1) Current law:[85]

  • Federal revenues will incrementally increase from 17.6% of GDP in 2014 to 18.0% in 2020, 19.9% in 2044, and 23.5% in 2084.[86] [87] At this point, federal revenues (i.e., taxes) will be 35% higher than the average of the previous 40 years.[88]
  • Federal spending on all government functions will incrementally increase from 20.4% of GDP in 2014 to 21.5% in 2020, and 26.0% in 2040.[89] At this point, spending will be 27% higher than the average of the previous 40 years.[90]
  • Payments for Medicare services will undergo reductions that will likely cause “severe problems with beneficiary access to care.”[91] [92]

2) Republican Congressman Paul Ryan’s 2014 budget resolution, called the “The Path to Prosperity”:[93]

  • Starting in 2024, Medicare beneficiaries will have a choice to enroll in private plans paid for by Medicare or remain in the traditional Medicare program.[94] Also starting in 2024, the eligibility age for Medicare benefits will incrementally rise to correspond with Social Security’s retirement age.[95] Compared to the projections under the current policy scenario, Medicare spending will be 0.5% lower in 2016, 2% lower in 2020, and 4% lower in 2024.[96]
  • Federal Medicaid spending will be converted to an “allotment that each state could tailor to meet its needs, indexed for inflation and population growth.”[97] The expansion of Medicaid manadated by the Affordable Care Act (a.k.a. Obamacare) will be repealed.[98] Compared to the projections under the current policy scenario, Medicaid spending will be 9% lower in 2016, 19% lower in 2020, and 24% lower in 2024.[99]
  • All federal spending related to Obamacare’s exchange subsidies will be repealed.[100]
  • Spending on all government functions except for interest payments on the national debt will incrementally decline from 18.9% of GDP in 2015 to 16% in 2025 before increasing to 16.4% in 2035.[101] (The average of the previous 40 years is 18.3%).[102]
  • Revenues will increase from 18.2% of GDP in 2015 to 18.4% in 2025, 19% in 2032 and stay constant thereafter.[103] (The average of the previous 40 years is 17.4%.[104])

* Combining historical data on the national debt with CBO’s projections for current policy, current law, and the Ryan plan yields the following results:

Debt Under Different Policies

[105] [106]


Public Opinion

* A poll conducted by NBC News and the Wall Street Journal in February 2011 found that:

  • 80% of Americans are concerned “a great deal” or “quite a bit” about federal budget deficits and the national debt.
  • if the deficit cannot be eliminated by cutting wasteful spending, 35% of Americans prefer to cut important programs while 33% prefer to raise taxes.
  • 22% think cuts in Social Security spending will be needed to “significantly reduce the federal budget deficit,” 49% do not, and 29% have no opinion or are not sure.
  • 18% think cuts in Medicare spending will be needed to “significantly reduce the federal budget deficit,” 54% do not, and 28% have no opinion or are not sure.[107]

* Other than interest on the national debt, most of the long-term growth in federal spending (as a percent of GDP) under the CBO’s current policy and current law scenarios stems from Social Security, Medicare, Medicaid, the Children’s Health Insurance Program, and Affordable Care Act (a.k.a. Obamacare) subsidies.[108]

* A poll conducted in November 2010 by the Associated Press and CNBC found that:

  • 85% of Americans are worried that the national debt “will harm future generations.”
  • 56% think “the shortfalls will spark a major economic crisis in the coming decade.”
  • when asked to choose between two options to balance the budget, 59% prefer to cut unspecified government services, while 30% prefer to raise unspecified taxes.[109]

* A poll conducted in July 2005 by the Associated Press and Ipsos found that:

  • 70% of Americans were worried about the size of the federal deficit.
  • 35% were willing to cut government spending.
  • 18% were willing to raise taxes.
  • 1% were willing to cut government spending and raise taxes.[110]

Congresses

* During the first session of the 113th Congress (January–December 2013), U.S. Representatives and Senators introduced 168 bills that would have reduced spending and 828 bills that would have raised spending.[111]

* The table below quantifies the costs and savings of these bills by political party. This data is provided by the National Taxpayers Union Foundation:

Costs/Savings of Bills Sponsored or Cosponsored

in 2013 by Typical Congressman (in Billions)

Increases Decreases Net Agenda
House Democrats $407 $10 $397
Senate Democrats $22 $3 $18
House Republicans $9 $91 -$83
Senate Republicans $6 $165 -$159

[112] [113]

* Click here to look up any member of Congress and see the annual costs or savings from the legislation he or she has sponsored or cosponsored.

* The table below quantifies the net agendas of the political parties in previous Congresses:

Costs/Savings of Bills Sponsored or Cosponsored in the First

Sessions of Congress by Typical Congressman (in Billions)

2011 2009 2007 2005 2003 2001 1999
House Democrats $497 $500 $547 $547 $402 $262 $34
Senate Democrats $24 $134 $59 $52 $174 $88 $15
House Republicans -$130 -$45 $7 $12 $31 $20 -$5
Senate Republicans -$239 $51 $7 $11 $26 $19 -$324
NOTE: Data not adjusted for inflation.

[114]


Presidents

* In February 2001, Republican President George W. Bush stated:

Many of you have talked about the need to pay down our national debt. I listened, and I agree. We owe it to our children and grandchildren to act now, and I hope you will join me to pay down $2 trillion in debt during the next 10 years. At the end of those 10 years, we will have paid down all the debt that is available to retire. That is more debt, repaid more quickly than has ever been repaid by any nation at any time in history.[115]

* From the time that Congress enacted Bush’s first major economic proposal (June 7, 2001[116]) until the time that he left office (January 20, 2009), the national debt rose from 53% of GDP to 74%, or an average of 2.7 percentage points per year.[117]

* During eight years in office, President Bush vetoed 12 bills, four of which were overridden by Congress and thus enacted without his approval.[118] These bills were projected by the Congressional Budget Office to increase the deficit by $26 billion during 2008–2022.[119]


* In February 2009, Democratic President Barack Obama stated:

I refuse to leave our children with a debt that they cannot repay—and that means taking responsibility right now, in this administration, for getting our spending under control.[120]

* From the time that Congress enacted Obama’s first major economic proposal (February 17, 2009[121]) until September 30, 2016, the national debt rose from 74% of GDP to 105%, or an average of 4.0 percentage points per year.[122]

* As of November 4, 2016, President Obama has vetoed twelve bills, one of which has been overridden by Congress and thus enacted without his approval.[123] This bill is projected by the Congressional Budget Office to “have no significant effect on the federal budget.”[124]

Government Accounting

Trust Funds and the Two Main Categories of Debt

* Some federal programs (such as Social Security) have “trust funds” that are legally separated from the rest of the federal government.[125]

* When these programs spend less than the federal government allocates to them, their surpluses are loaned to the federal government. This creates a legal obligation for the federal government to pay money and interest to these programs, thus adding to the national debt.[126] [127] [128] [129] [130]

* The federal government divides the national debt into two main categories:[131] [132]

  1. Money that it owes to federal entities such as the Social Security program.
  2. Money that it owes to non-federal entities such as individuals, corporations, local governments, and foreign governments.[133] Also, money owed to the Federal Reserve is classified under this category, even though the Federal Reserve is a federal entity.[134] [135]

NOTE: Just Facts has identified numerous instances in which politicians and journalists have used terms that technically refer to the overall national debt, when in fact, they are only referring to a portion of it. In order to clear up some of the confusion this has created, below are common terms for the national debt categorized by their proper meanings:

  • Overall national debt: gross debt, federal debt, public debt[136]
  • Portion of the national debt owed to federal entities: debt held by government accounts, government-held debt, intragovernmental holdings[137] [138] [139]
  • Portion of the national debt owed to non-federal entities: debt held by the public, publicly held debt[140][141]

* On September 30, 2016, the national debt consisted of:

  • $5.4 trillion owed to federal entities
  • $14.2 trillion owed to non-federal entities
  • $19.6 trillion owed in total[142]

* The federal law that governs the repayment of the national debt draws no distinction between the debt owed to federal and non-federal entities. Both must be repaid with interest.[143]

* The White House Office,[144] [145] Congressional Budget Office,[146] and other federal agencies[147] sometimes exclude the debt owed to federal entities in their reckonings of the national debt because this portion of the debt “represents internal transactions of the government and thus has no effect on credit markets.”

* Federal programs to which this money is owed, such as Social Security and Medicare, include this money and the interest it generates in their assets and financial projections.[148] [149] [150]

* In the 2000 presidential race, the Gore-Liebermann campaign released a 192-page economic plan that contains over 150 uses of the word “debt.” In none of these instances does the plan mention or account for any of the debt owed to federal entities.[151] The same plan includes the debt owed to federal entities in the assets of the Social Security and Medicare programs.[152]


“Deficits” and “Surpluses”

* During the federal government’s 2010 fiscal year (October 1, 2009 to September 30, 2010[153]), the national debt rose from $12.0 trillion to $13.6 trillion, thus increasing by $1.6 trillion.[154]

* The White House,[155] USA Today,[156] Reuters,[157] and other government and media entities reported that the 2010 federal “deficit” was $1.3 trillion.

* The difference between the national debt increase of $1.6 trillion and the reported deficit of $1.3 trillion is attributable to the following accounting practices:

  • When calculating the reported deficit, the federal government merges the finances of all federal programs into what is called the “unified budget.” Hence, the deficit does not account for the intergovernmental debt that arises when programs such as Social Security loan their surpluses to the federal government.[158]
  • When the federal government lays out money for programs such as TARP and student loans, the outgo is not fully counted in the deficit. The deficit reflects only what the government expects to lose or gain on these loans.[159] [160]

* PolitiFact, a Pulitzer Prize-winning project of the Tampa Bay Times to “help you find the truth in politics,”[161] has stated that there were “several years of budget surpluses” during Bill Clinton’s presidency. This same article cites the rise in “national debt” during the tenure of George W. Bush.[162]

* Using the same criterion PolitiFact applied to Bush’s presidency (change in gross national debt), the national debt rose every year of Clinton’s presidency:

Year National Debt on Inauguration Date†

(billions)

1993 $4,188
1994 $4,501
1995 $4,797
1996 $4,988
1997 $5,310
1998 $5,496
1999 $5,624
2000 $5,706
2001 $5,728
† NOTE: PolitiFact used the inauguration date for its debt baseline.

The national debt also rose every fiscal year of Clinton’s presidency.

[163] [164]

Ownership

* As of September 30, 2016, the national debt consists of:

Amount Owed To: Portion of Total
$14.2 trillion owed to non-federal entities (i.e., publicly held debt) 72%
$5.4 trillion owed to federal entities (i.e., intragovernmental debt) 28%

[165]


Debt Owed to Non-Federal Entities

* Ownership of publicly held debt as of September 30, 2016:

Debt Owed to Non-Federal Entities

* Data from the chart above:

Entities Amount (billions) Portion of Total
Foreign & International $6,148 45%
Federal Reserve[166] $2,462 18%
Other Investors $1,343 10%
Mutual Funds $1,315 10%
State & Local Governments $687 5%
Banks & Savings Institutions $547 4%
Private Pension Funds $540 4%
Insurance Companies $297 2%
U.S. Savings Bonds $172 1%
State and Local Government Pension Funds $164 1%

[167]


Debt Owed to Foreign Entities

* Per the White House Office of Management and Budget (2016):

During most of American history, the Federal debt was held almost entirely by individuals and institutions within the United States. In the late 1960s, foreign holdings were just over $10 billion, less than 5 percent of the total Federal debt held by the public. Foreign holdings began to grow significantly starting in the 1970s and now represent almost half of outstanding [publicly held] debt.[168]

* Ownership of U.S. government debt by foreign creditors as of August 31, 2016:

Debt Owed to Foreign Entities

* Data from the chart above:

Country Amount (billions) Portion of Total
China, Mainland $1,185 19%
Japan $1,144 18%
Ireland $266 4%
Cayman Islands $264 4%
Brazil $256 4%
Switzerland $238 4%
Luxembourg $220 4%
United Kingdom $205 3%
Hong Kong $192 3%
Taiwan $190 3%
Others $2,037 33%
Total $6,196 100%

[169]

* Foreign purchases of U.S. government debt increase the demand for this debt, thus putting downward pressure on U.S. interest rates. Conversely, foreign sales of U.S. government debt place upward pressure on U.S. interest rates.[170] [171]

* Per a 2008 Congressional Research Service report, a “potentially serious short-term problem would emerge if China decided to suddenly” sell its holding of U.S. government debt. Possible effects could include:

  • “a more general financial reaction (or panic), in which all foreigners responded by reducing their holdings of U.S. assets”;
  • “a sudden and large depreciation in the value of the dollar”;
  • “a sudden and large increase in U.S. interest rates”;
  • a stock market fall; and/or
  • “a recession.”[172]

* The same report states:

The likelihood that China would suddenly reduce its holdings of U.S. securities is questionable because it is unlikely that doing so would be in China’s economic interests. First, a large sell-off of China’s U.S. holdings could diminish the value of these securities in international markets…. Second, such a move would diminish U.S. demand for Chinese imports…. A sharp reduction of U.S. imports from China could have a significant impact on China’s economy….[173]

* During a visit to China in February 2009, Secretary of State Hillary Clinton said:

By continuing to support American Treasury instruments [i.e., buy U.S. government debt] the Chinese are recognizing our interconnection. … We have to incur more debt. It would not be in China’s interest if we were unable to get our economy moving again. … The U.S. needs the investment in Treasury bonds to shore up its economy to continue to buy Chinese products.[174]

* In August 2007 during a currency dispute between the U.S. and China, two leading officials of Chinese Communist Party bodies suggested that China use the threat of selling U.S. debt as a “bargaining chip.”[175]

* In February 2009 during a dispute over U.S. arms sales to Taiwan, a Chinese general made the following statements in the state-run magazine Outlook Weekly:

Our retaliation should not be restricted to merely military matters, and we should adopt a strategic package of counterpunches covering politics, military affairs, diplomacy and economics to treat both the symptoms and root cause of this disease. … [W]e could sanction them using economic means, such as dumping some U.S. government bonds.[176]

* One month later while appearing before China’s parliament, the head of China’s State Administration of Foreign Exchange said:

the U.S. Treasury market is important to us. … This is purely market-driven investment behavior. I would hope not to see this matter politicized.[177]

Debt Owed to Federal Entities

* Ownership of intergovernmental debt as of September 30, 2016:

Debt Owed to Federal Entities

* Data from the chart above:

Funds Amount (billions) Portion of Total
Social Security $2,843 53%
Civil Service Retirement and Disability $874 16%
Military Retirement $591 11%
Medicare $256 5%
Department of Defense Retiree Healthcare $213 4%
Postal Service Retiree Health Benefits $51 1%
Other $572 11%

[178]

Media

Budget Cuts

* In April 2011, journalists reported on a $38 billion federal budget cut agreement with the following headlines and phraseology:

  • “New Cuts Detailed in Agreement for $38 Billion in Reductions”; “deep budget cuts in programs for the poor, law enforcement, the environment and civic projects” – Los Angeles Times[179]
  • “Congress Sends Budget Cut Bill to Obama”; “cutting a record $38 billion from domestic spending” – Associated Press[180]
  • “Budget Deal to Cut $38 Billion Averts Shutdown”; “Republicans were able to force significant spending concessions from Democrats….” – New York Times[181]

* None of these articles reported that this figure of $38 billion in cuts was primarily relative to a portion of the budget called “discretionary non-emergency appropriations.”[182] Relative to the entire federal budget, this cut left a projected spending increase of $135 billion from 2010 to 2011. This equates to an inflation-adjusted increase of $49 billion or 0.1 percentage points of GDP:[183]

Federal Outlays

[184]

* None of the articles quoted above contains a budget-wide frame of reference for the cuts. A spending reduction of $38 billion equates to 1.0% of the estimated 2011 budget or 2.7% of the projected deficit:

Budget Cut

[185]


Bush Tax Cuts

* In February 2010, Fareed Zakaria of CNN stated:

Now, please understand that the Bush tax cuts are the single largest part of the black hole that is the federal budget deficit.[186]

* In 2010, the Bush tax cuts lowered federal revenues by about $283 billion.[187] [188] This was equivalent to 8% of the federal budget or 22% of the deficit.[189]

* Per the Congressional Budget Office (CBO), “Most parameters of the tax code are not indexed for real income growth, and some are not indexed for inflation.” Thus, if tax cuts are not periodically implemented, average federal tax rates “increase in the long run.”[190]

* In 2000, the year before the first Bush tax cuts were passed,[191] the federal government collected revenues equal to 20.4% of the nation’s gross domestic product (GDP), the highest level in the history of the United States.[192] Over the previous 30 years, federal revenues averaged 18.3% of GDP.[193]

* In 2000, the stock market “dot.com” bubble burst,[194] the NASDAQ lost 39% of its value,[195] and profits for nonfinancial corporations fell by 18%.[196] In the first quarter of 2001, the nation’s GDP contracted and a recession began.[197] [198]

* In June 2001 and May 2003, Congress passed and President Bush signed laws that implemented various tax cuts.[199] [200]

* After the Bush tax cuts were fully implemented, federal revenues were 17.8% of GDP in 2005, 18.5% in 2006, and 18.6% in 2007.[201] Average federal revenues for the 30 years preceding the Bush tax cuts were 18.4%.[202]

* The Great Recession began in December 2007,[203] and federal revenues declined to 17.7% of GDP in 2008.[204]

* In February 2009, Congress passed and President Obama signed a law that implemented various tax cuts.[205]

* Federal revenues declined to 15.7% of GDP in 2009 and 16.4% in 2010.[206]

* Federal spending rose from 21.0% of GDP in 2007 to 26.5% in 2010.[207] Average federal spending for the 30 years preceding the Great Recession was 21.8%.[208]


The “Do Nothing” Plan

* In April 2011, Ezra Klein of the Washington Post posted a graph of spending and revenue projections based upon CBO’s “current law” scenario and wrote that it:

shows what happens if we do … nothing. The answer, as you can see, is that the budget comes roughly into balance.[209]

* Klein’s graph and commentary omitted the interest and outcome of the national debt under this plan.[210] In the “do nothing” scenario, outlays were projected to exceed revenues every year through 2084, and the publicly held debt was projected to increase from 62% of GDP in 2010, to 74% in 2030, 90% in 2050, and 113% in 2084.[211]

* In the same commentary, Klein wrote that the “current law” scenario is “a pretty good plan” that contains:

a balanced mix of revenues, through returning tax rates to Clinton-era levels and implementing the taxes in the Affordable Care Act, and program cuts … in Medicare….[212]

* Under this scenario:

  • Certain elements of the tax code are not indexed for inflation or wage growth. Consequently, taxpayers are shifted over time into higher tax brackets.
  • According to the Congressional Budget Office, by 2020 revenues “reach higher levels relative to the size of the economy than ever recorded in the nation’s history.”
  • Revenues as a portion of GDP continue climbing through 2084, rising 69% higher than the average of the past 40 years and 47% higher than ever recorded in the history of the United States.[213] [214]
  • As a portion of GDP, federal spending without interest on the national debt rises by 2084 to 68% higher than the average of the past 40 years.[215]

Context

* Without mentioning the role of Congress in taxes, spending, or the national debt,[216] [217] PolitiFact (in the same article cited above) wrote that the national debt increased by $5.73 trillion “under” George W. Bush whereas there were budget surpluses “at the end of the Clinton administration.”[218]

* Below are the fluctuations in national debt organized by the tenures of recent presidents and congressional majorities:

Political Power

Dates

Average Annual Change in National Debt

(Percentage Points of GDP)

Bill Clinton with Democratic House and Senate 1/20/93 – 1/4/95 0.9
Bill Clinton with Republican House and Senate 1/4/95 – 1/19/01 -1.6
George W. Bush with Republican House and Senate 1/19/01 – 6/6/01, 11/12/02 – 1/4/07 0.8
George W. Bush with Republican House and Democratic Senate 6/6/01 – 11/12/02 2.3
George W. Bush with Democratic House and Senate 1/4/07 – 1/20/09 6.5
Barack Obama with Democratic House and Senate 1/20/09 – 1/4/11 9.3
Barack Obama with Republican House and Democratic Senate 1/5/11 – 1/6/15 1.9

[219]

* Other factors impacting the national debt include but are not limited to: legislation passed by previous congresses and presidents,[220] economic cycles, terrorist attacks, natural disasters, demographics, and the actions of U.S. citizens and foreign governments.[221]

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Mass Media Big Lie Campaign To Take Down Trump With Out of Context Propaganda! — Trump Never Said He Wants All Muslims In U.S. To Register– The So-Called “Journalist” Did! — Hit and Run Political Character Assassination Attempt By Hillary Clinton Journalist Supporter — Hunter Walker — Videos

Posted on November 21, 2015. Filed under: Airplanes, American History, Babies, Blogroll, Bomb, Books, British History, Business, Central Intelligence Agency (CIA), College, Communications, Congress, Constitution, Corruption, Crime, Crisis, Cult, Defense Intelligence Agency (DIA), Defense Intelligence Agency (DIA), Demographics, Diasters, Documentary, Drug Cartels, Economics, Education, Elections, Employment, Energy, European History, Faith, Family, Federal Bureau of Investigation (FBI), Federal Bureau of Investigation (FBI), Federal Government, Federal Government Budget, Fiscal Policy, Food, Foreign Policy, Fraud, Freedom, Friends, Genocide, government, government spending, Homicide, Illegal, Immigration, Islam, Law, Legal, liberty, Life, Links, media, Middle East, Money, National Security Agency (NSA), National Security Agency (NSA_, Natural Gas, Non-Fiction, Oil, People, Philosophy, Photos, Pistols, Police, Political Correctness, Politics, Presidential Candidates, Press, Radio, Rants, Raves, Religion, Religious, Rifles, Security, Speech, Spying, Strategy, Talk Radio, Tax Policy, Taxation, Technology, Terrorism, Torture, Transportation, Vacations, Video, War, Wealth, Weapons, Welfare, Wisdom, Work, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 579: November 20, 2015 

Pronk Pops Show 578: November 19, 2015 

Pronk Pops Show 577: November 18, 2015 

Pronk Pops Show 576: November 17, 2015

Pronk Pops Show 575: November 16, 2015  (more…)

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Playing The Blame Game — Avoiding Responsibility and Accountability — Government Failure! — 9/11: Trump Blames Bush — Clinton Blames Republicans ! — Videos

Posted on October 22, 2015. Filed under: American History, Ammunition, Blogroll, Bomb, Books, Bunker Busters, Business, Central Intelligence Agency (CIA), Communications, Constitution, Corruption, Defense Intelligence Agency (DIA), Drones, Economics, Education, Ethic Cleansing, Faith, Family, Federal Bureau of Investigation (FBI), Federal Communications Commission, Federal Government, Foreign Policy, Freedom, Genocide, government, government spending, history, Illegal, Immigration, Islam, Language, Law, Legal, liberty, Life, Links, media, Missiles, National Security Agency (NSA), National Security Agency (NSA_, Non-Fiction, Nuclear, People, Philosophy, Photos, Pistols, Political Correctness, Politics, Radio, Rants, Raves, Rifles, Spying, Strategy, Taxation, Taxes, Terrorism, Video, War, Wealth, Weapons, Weapons of Mass Destruction, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 556: October 19, 2015

Pronk Pops Show 555: October 16, 2015

Pronk Pops Show 554: October 15, 2015 

Pronk Pops Show 553: October 14, 2015

Pronk Pops Show 552: October 13, 2015 

Pronk Pops Show 551: October 12, 2015 

Pronk Pops Show 550: October 9, 2015 

Pronk Pops Show 549: October 8, 2015 

Pronk Pops Show 548: October 7, 2015 

Pronk Pops Show 547: October 5, 2015

Pronk Pops Show 546: October 2, 2015 

Pronk Pops Show 545: October 1, 2015 

Pronk Pops Show 544: September 30, 2015 

Pronk Pops Show 543: September 29, 2015 

Pronk Pops Show 542: September 28, 2015 

Pronk Pops Show 541: September 25, 2015 

Pronk Pops Show 540: September 24, 2015 

Pronk Pops Show 539: September 23, 2015 

Pronk Pops Show 538: September 22, 2015 

Pronk Pops Show 537: September 21, 2015 

Pronk Pops Show 536: September 18, 2015 

Pronk Pops Show 535: September 17, 2015 

Pronk Pops Show 534: September 16, 2015 

Pronk Pops Show 533: September 15, 2015  

Pronk Pops Show 532: September 14, 2015 

Pronk Pops Show 531: September 11, 2015

Pronk Pops Show 530: September 10, 2015 

Pronk Pops Show 529: September 9, 2015 

Pronk Pops Show 528: September 8, 2015 

Pronk Pops Show 527: September 4, 2015 

Pronk Pops Show 526: September 3, 2015  

Pronk Pops Show 525: September 2, 2015 

Pronk Pops Show 524: August 31, 2015  

Pronk Pops Show 523: August 27, 2015  

Pronk Pops Show 522: August 26, 2015 

Pronk Pops Show 521: August 25, 2015 

Pronk Pops Show 520: August 24, 2015 

Pronk Pops Show 519: August 21, 2015 

Pronk Pops Show 518: August 20, 2015  

Pronk Pops Show 517: August 19, 2015 

Pronk Pops Show 516: August 18, 2015

Pronk Pops Show 515: August 17, 2015

Pronk Pops Show 514: August 14, 2015

Pronk Pops Show 513: August 13, 2015

Pronk Pops Show 512: August 12, 2015

Pronk Pops Show 511: August 11, 2015

Pronk Pops Show 510: August 10, 2015

Pronk Pops Show 509: July 24, 2015

Pronk Pops Show 508: July 20, 2015

Pronk Pops Show 507: July 17, 2015

Pronk Pops Show 506: July 16, 2015

Pronk Pops Show 505: July 15, 2015

Pronk Pops Show 504: July 14, 2015

Pronk Pops Show 503: July 13, 2015

Pronk Pops Show 502: July 10, 2015

Pronk Pops Show 501: July 9, 2015

Pronk Pops Show 500: July 8, 2015

Pronk Pops Show 499: July 6, 2015

Pronk Pops Show 498: July 2, 2015

Pronk Pops Show 497: July 1, 2015

Story 1: Playing The Blame Game — Avoiding Responsibility and Accountability — Government Failure! — 9/11: Trump Blames Bush — Clinton Blames Republicans ! — Videos

Hillary Clinton and the “Dark Forces” in Benghazi

Kenneth Timmerman, author of Dark forces: The Truth About What Happened in Benghazi, looks at Hillary Clinton’s next scheduled appearance before the Benghazi special committee and the Iranian nuclear deal. He cites evidence that the Iranians were behind the attack in Benghazi that killed four Americans on September 11, 2012. In addition, Timmerman says Iran was involved in the September 11, 2001, attacks. Timmerman also discusses Russian backing for Iran and the Russian role in attacking the opponents of Assad in Syria. Timmerman also looks at: Will Russia attack the Kurds? And who are the Kurds? Is Obama a Muslim? Will Israel strike Iran?

Donald Trump blames George W. Bush for 9/11

Did Donald Trump blame Bush for 9/11?

Jake Tapper calls out Jeb Bush for saying his brother is blameless for 9/11

9-11 WTC Attacks Original Sound

Who Was Really Behind the 9/11 Attacks?

George Bush Takes Questions After Meeting With 9/11 Commission – 4/29/2004

Richard Clarke, Former Counterterrorism Chief, Apologizes for 9/11

Why Government Failure Occurs: Richard Clarke on National Security Disasters (2008)

Your Government Failed You: Richard Clarke at the September 11 Commission on Counterterrorism (2004)

Richard Alan Clarke (born October 27, 1950) is the former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States.

Clarke worked for the State Department during the presidency of Ronald Reagan. In 1992, President George H.W. Bush appointed him to chair the Counter-terrorism Security Group and to a seat on the United States National Security Council. President Bill Clinton retained Clarke and in 1998 promoted him to be the National Coordinator for Security, Infrastructure Protection, and Counter-terrorism, the chief counter-terrorism adviser on the National Security Council. Under President George W. Bush, Clarke initially continued in the same position, but the position was no longer given cabinet-level access. He later became the Special Advisor to the President on cybersecurity. Clarke left the Bush administration in 2003.

Clarke came to widespread public attention for his role as counter-terrorism czar in the Clinton and Bush administrations in March 2004, when he appeared on the 60 Minutes television news magazine, released his memoir about his service in government, Against All Enemies, and testified before the 9/11 Commission. In all three instances, Clarke was sharply critical of the Bush administration’s attitude toward counter-terrorism before the 9/11 terrorist attacks, and of the decision to go to war with Iraq.

On March 24, 2004, Clarke testified at the public 9/11 Commission hearings.[17] At the outset of his testimony Clarke offered an apology to the families of 9/11 victims and an acknowledgment that the government had failed: “I also welcome the hearings because it is finally a forum where I can apologize to the loved ones of the victims of 9/11…To the loved ones of the victims of 9/11, to them who are here in this room, to those who are watching on television, your government failed you. Those entrusted with protecting you failed you. And I failed you. We tried hard, but that doesn’t matter because we failed. And for that failure, I would ask, once all the facts are out, for your understanding and for your forgiveness.”[17]

Many of the events Clarke recounted during the hearings were also published in his memoir. Clarke charged that before and during the 9/11 crisis, many in the Administration were distracted from efforts against Osama bin Laden’s Al-Qaeda organization by a pre-occupation with Iraq and Saddam Hussein. Clarke had written that on September 12, 2001, President Bush pulled him and a couple of aides aside and “testily” asked him to try to find evidence that Saddam was connected to the terrorist attacks. In response he wrote a report stating there was no evidence of Iraqi involvement and got it signed by all relevant agencies, including the Federal Bureau of Investigation and the CIA. The paper was quickly returned by a deputy with a note saying “Please update and resubmit.”[18] After initially denying that such a meeting between the President and Clarke took place, the White House later reversed its denial when others present backed Clarke’s version of the events.

Clarke is currently Chairman of Good Harbor Consulting and Good Harbour International, two strategic planning and corporate risk management firms; an on-air consultant for ABC News, and a contributor to the Good Harbor Report, an online community discussing homeland security, defense, and politics. He is an adjunct lecturer at the Harvard Kennedy School and a faculty affiliate of its Belfer Center for Science and International Affairs.[35] He has also become an author of fiction, publishing his first novel, The Scorpion’s Gate, in 2005, and a second, Breakpoint, in 2007.

Clarke wrote an op-ed for the Washington Post on May 31, 2009 harshly critical of other Bush administration officials, entitled “The Trauma of 9/11 Is No Excuse”.[36] Clarke wrote that he had little sympathy for his fellow officials who seemed to want to use the excuse of being traumatized, and caught unaware by Al-Qaeda’s attacks on the USA, because their being caught unaware was due to their ignoring clear reports a major attack on U.S. soil was imminent. Clarke particularly singled out former Vice President Dick Cheney and former Secretary of State, Condoleezza Rice.

911 Press for Truth

Intelligence Stove Piping Is System Failure

Fannie Mae, Jamie Gorelick and The 911 Commission

911 Commission Co-Chair Explains Need for New Investigation

Jamie Gorelick for FBI director? Are you kidding me?

Inside Libya’s Militias

Libya War: What They Don’t Want You to Know

How Will History Judge U.S., Coalition Intervention in Libya?

Libyan No Fly Zone Necessary But Intervention Has Imperialist Objectives

Debate The Libyan Intervention: Humanitarian or an Aggression?

Democracy and Hypocrisy in Libya

Backlash? Wave of terror feared in Europe over Libya intervention

Semantics – The Rise and Fall of Muammar al Gaddafi

Why Did America and the West Intervene in Libya?

Former State Department officer Ethan Chorin explains, the United States and the West provided Muammar Qaddafi and his forces with many of the weapons they used to fight the rebels during the 2011 Libyan revolution. Therefore, the U.S. and NATO had a moral responsibility to help the anti-Qaddafi forces

US special forces already on ground in Libya – FoxNews 110324

Obama authorized CIA covert operation in Libya – FoxNews 110331

The Truth About The War On Libya Government Lies Revealed A Goverment Conspiracy 2011

SYRIA Retired General Suspects A US Covert Operation For Running Libya Arms To Syria

LIBYA TIMELINE SHOWING LIE AFTER LIE BY OBAMA ADMINISTRATION – LYBYAGATE COVERUP

Murder Of Chris Stevens In Benghazi Attack Ordered By American Military Leadership, Possibly Obama

Know The TRUTH ~ Step By Step ~ Bret Baier’s ~ ‘Death and Deceit in Benghazi’

FLASHBACK] Hillary Clinton blames youtube video for Benghazi

Obama and Hillary Blame Youtube Video for Benghazi Terrorist Attack as Coffins Arrive

Rand Paul Destroys Hillary Clinton Over Benghazi-Gate During Capitol Hill Press Conference

Benghazi Attack Cover Up! Obama Armed Al Qaeda?

Former CBS reporter Sharyl Attkisson: Emails Reveal White House Hid Truths About Benghazi Attack

Sharyl Attkisson: White House Hiding Photos of Obama on Night of Benghazi Attack

Explosive: Rep. Trey Gowdy Unloads Unreleased Email Exposing Benghazi Coverup

Benghazi Hearing Trey Gowdy — “I don’t give a damn whose careers are ruined

Hillary Ad Hammers Republicans On Bogus Benghazi Investigation

Why Is Hillary Clinton Blamed For The Benghazi Attack?

For The Record-Zero Footprint

Treason Exposed! Obama Used Benghazi Attack to Cover Up Arms Shipments to Muslim Brotherhood

Trump’s take on birthright citizenships

Mark Levin: No Birthright Citizenship – Hannity 8/19/2015

Mark Levin: The Citizenship Clause of 14th Amendment, birthright citizenship & illegal immigration

Donald Trump’s Tense Presser, Illegal Immigration, Birthright Citizenship Debate- Mark Levin Hannity

Jeb Bush dismisses Donald Trump’s immigration plans

Jamie Gorelick’s wall

– The Washington Times – Thursday, April 15, 2004

The disclosure that Jamie Gorelick, a member of the September 11 commission, was personally responsible for instituting a key obstacle to cooperation between law enforcement and intelligence operations before the terrorist attacks raises disturbing questions about the integrity of the commission itself. Ms. Gorelick should not be cross-examining witnesses; instead, she should be required to testify about her own behavior under oath. Specifically, commission members need to ask her about a 1995 directive she wrote that made it more difficult for the FBI to locate two of the September 11 hijackers who had already entered the country by the summer of 2001.

On Tuesday, Attorney General John Ashcroft declassified a four-page directive sent by Ms. Gorelick (the No. 2 official in the Clinton Justice Department) on March 4, 1995, to FBI Director Louis Freeh and Mary Jo White, the New York-based U.S. attorney investigating the 1993 World Trade Center bombing. In the memo, Ms. Gorelick ordered Mr. Freeh and Ms. White to follow information-sharing procedures that “go beyond what is legally required,” in order to avoid “any risk of creating an unwarranted appearance” that the Justice Department was using Foreign Intelligence Surveillance Act (FISA) warrants, instead of ordinary criminal investigative procedures, in an effort to undermine the civil liberties of terrorism suspects.

At issue was the oft-noted wall of separation that prevented counterterrorism agents and federal prosecutors from communicating with one another prior to September 11. Information collected under special FISA warrants, which do not require a probable cause, was generally not to be shared with personnel responsible for enforcing federal criminal laws — where probable cause must be demonstrated for a warrant to be issued. As lawyers David Rivkin and Lee Casey noted on our Op-Ed page yesterday, the practical effect of the wall was that counterintelligence information was generally kept away from law enforcement personnel who were investigating al Qaeda activities. But Ms. Gorelick’s memo clearly indicated that the Clinton administration had decided as a matter of policy to go even beyond the law’s already stringent requirements in order to further choke off information sharing.

As Mr. Ashcroft noted during his testimony before the September 11 commission, all of this had a devastating effect into the investigation of al Qaeda operations in this country in the summer of 2001. For example, in late August, when the CIA told the FBI that Khalid Almidhar and Nawaf Alhazmi had entered the country, FBI investigators refused to permit criminal investigators with considerable knowledge about the most recent al Qaeda attack to join the manhunt. Also, a criminal search warrant to examine the computer of Zacarias Moussaoui, whose interest in flying aircraft had attracted attention, was rejected because FBI officials were afraid of breaching the wall.

Ms. Gorelick has been among the most partisan and aggressive Democratic panel members in questioning the anti-terror efforts of the Bush administration. The nation deserves a full accounting from Ms. Gorelick of why the Clinton administration felt it necessary to go the extra mile in order to hamper the capability of law enforcement and intelligence agents to talk to one another. If Ms. Gorelick fails to provide this, her actions would bring into serious doubt the credibility of the commission.

http://www.washingtontimes.com/news/2004/apr/15/20040415-094758-5267r/

Mistress of Disaster: Jamie Gorelick

Ken Lay and Jack Abramoff must be green with envy over the all the mischief that has been accomplished by Jamie Gorelick, with scarcely any demonization in the press.
Imagine playing a central role in the biggest national defense disaster in 50 years. Imagine playing a central role in one of the biggest economic disasters in your country’s history. Imagine doing both as an un-elected official. Imagine getting filthy rich in the process, and even being allowed to sit self-righteously on a commission appointed to get to the bottom of the first disaster, which of course did not get to the bottom of that disaster or anything else for that matter.
Imagine ending, ruining or at least causing signficant quality deterioration in the lives of millions of people, most of whom will never know your name. Imagine counting your millions of dollars while people who tried to stop you from causing all this mayhem were getting blamed for most of the ills you actually contributed to.
Well, as un-imagineable as this is, there is one American who doesn’t have to imagine it. One Jamie Gorelick is this American. And without pretending that she caused the loss of countless thousands of lives and countless billions of dollars of wealth by herself, she certainly did push some of the early domino’s in catastrophic chain events that are a major factors in life in America today.
This is not a bad millineums’s work, when you think about it. Gorelick, an appointee of Bill Clinton, is the one who constructed the wall of separation that kept the CIA and the FBI from comparing notes and therefore invading the privacy of nice young men like, say, Muhammed Atta and Zacarius Moussaoui. While countless problems were uncovered in our intelligence operations in the wake of 9-11, no single factor comes close to in importance to Jamie Gorelick’s wall.
In fact, it was Gorelick’s wall, perhaps more than any other single factor, that induces some people to blame Clinton himself for 9-11 since he appointed her and she acted  consistent with his philosophy of “crime fighting.” She put the wall into place as Deputy Attorney General in 1995.
And for good measure, she was appointed by Tom Daschle to serve on the “non partisan” 9-11 Commission. And we thought the fox in the henhouse was simply a metaphor. Of course, in a splendid example of “reaching across the aisle,” feckless Republican Slade Gorton of Washington did all he could to exonerate Gorelick in the commission. Thanks, Slade. God forbid the nation actually knows the truth.
But for Ms. Gorelick, one earth shaking catastrophe is just not enough. You might think that she caused enough carnage to us infidels on 9-11 as to qualify her for the 72 virgins upon her death. (this would also keep her consistent with several of Clinton’s philosophies).
Alas, that’s only part of her resume. Her fingerprints are all over the Fannie Mae-Freddie Mac mess, which is to say the mess that is central in the entire mortgage-housing crisis. Without so much as one scintilla of real estate or finance experience, she was appointed as Vice Chairman of Fannie Mae in 1997 and served in that role through 2003, which is when most of the systemic cancers that came home to roost today happened. She was instrumental in covering up problems with Fannie Mae while employed there and took multiple millions in bonuses as she helped construct this house of cards.
From Wikipedia:
One example of falsified financial transactions that helped the company meet earnings targets for 1998, a “manipulation” that triggered multimillion-dollar bonuses for top executives.  On March 25, 2002, Business Week  Gorelick is quoted as saying, “We believe we are managed safely. Fannie Mae is among the handful of top-quality institutions.” One year later, Government Regulators “accused Fannie Mae of improper accounting to the tune of $9 billion in unrecorded losses”
As we know, the financial damage done by the housing related problems in this country are still incalculable. Ms. Gorelick’s evil tab is still growing.
But it doesn’t stop there. She managed to be on the wrong side of the Duke LaCrosse case, working for Duke University to protect that school from it’s damaging knee jerk reactions to the spectacularly unbelievable charges filed by a stripper. (excuse me, exotic dancer). So, even on a smaller scale, she continues to make money while working to ruin the lives of innocent Americans in defense of liberal dogma. At the Department of Defense, when she served as legal counsel there in 1993, she drafted the “Don’t ask /don’t tell” policy.
From what can be gleaned, it all comes from being well connected. She was educated (is that what they call it?) at Harvard undergrad and Harvard Law. From there, she kept getting appointed to positions above her experience level where she could flex her liberal muscles, add a resume item, and move upward.
http://www.americanthinker.com/2008/09/mistress_of_disaster_jamie_gor.html#ixzz3p3M8KxQf
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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)

Rand Paul filibusters renewal of the Patriot Act

Sen. Rand Paul ‘filibusters’ against Patriot Act – LoneWolf Sager(◑_◑)

5 Reasons To Oppose Section 215 of The Patriot Act

Hour 11: Sen. Rand Paul’s Filibuster on PATRIOT Act Extension – May 20, 2015

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

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Senator Rand Paul discusses individualism, freedom, and national security on Uncommon Knowledge

HUGE WIN FOR PRIVACY! Court Rules NSA Spying Is Illegal

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Judge Andrew Napolitano Natural Rights and PATRIOT ACT Part 2 of 3

Judge Andrew Napolitano Natural Rights and The Patriot Act part 1 of 3

Liberty and Security in a Changing World

CITP/LAPA/WWS Special Event: Edward Snowden in Conversation with Bart Gellman

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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Senator Rand Paul Learns Valuable Lesson — Most Media Interviewers Are Liberal Progressive Democrats Pushing Their Agenda — Republican Candidates For President Are To Be Buried Not Praised — Just Smile and Give Your Prepared Response — “Friends, Romans, countrymen” — Drives Interviewers Nuts — Be Prepared — Stay On Message — Videos

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Story 1: Senator Rand Paul Learns Valuable Lesson — Most Media Interviewers Are Liberal Progressive Democrats Pushing Their Agenda — Republican Candidates For President Are To Be Buried Not Praised — Just Smile and Give Your Prepared Response — “Friends, Romans, countrymen” —  Drives Interviewers Nuts — Be Prepared — Stay On Message — Videos

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Rand Paul and the media: No love story

Reporters who cover him describe the Kentucky senator as “prickly” even as they laud his unusual accessibility.

Rand Paul loves the spotlight. He just doesn’t love the people who wield it.
In February, the Kentucky senator scolded CNBC anchor Kelly Evans as she tried to ask him about a bill he co-sponsored.
Story Continued Below

“You have taken an interview and you’ve made an interview into something where we got no useful information because you were argumentative and you started out with so many preoppositions [sic] that were incorrect,” he said.
The interview continued, but Paul wasn’t done with the tongue-lashing, and went back to media criticism a few minutes later.
“Part of the problem is that you end up having interviews like this where the interview is so slanted and full of distortions that you don’t get useful information,” he said. “I think this is what is bad about TV sometimes. So frankly, I think if we do this again, you need to start out with a little more objectivity going into the interview.”
Ron Paul is shown. | Getty
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Clips of the interview quickly went viral as headlines blared how Rand Paul “tears into,” “snaps,” “shushes” and “belittles” the CNBC host.
“Rand Paul needs to be shushed,” read a headline from a piece by Joan Walsh on Salon.com. “To some men, apparently, an assertive woman is out of control and needs to calm down – especially if she’s succeeded in upsetting his calm,” she wrote.
PBS NewsHour host Gwen Ifill warned in a blog post soon after the interview that whether or not he considers questions from the press to be distorted, “Paul might want to get used to concealing his irritation. That sort of viral video lives forever.”
The tantrum was a rare case of Paul losing his temper on live TV, which he’s made almost a second home as he’s sought to build his brand ahead of his expected April 7 presidential launch. But his famed accessibility — he’s willing to submit to most Capitol Hill hallway interviews and even impromptu interviews on airplanes; he’ll hop on the phone with a junior reporter and talk to cable shouters from Bill Maher to Bill O’Reilly — masks a relationship with the media that is anything but friendly. Reporters who cover Paul have called him “thin-skinned,” “sensitive,” “wary” and “prickly.” Others say he and his team will blame the media for his own mistakes, at some points freezing out reporters for perceived slights.
Sen., Rand Paul is pictured. | AP
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Brian Darling, Paul’s former senior communications director and now a senior VP at Third Dimension Strategies, a Washington PR firm, told POLITICO Paul is an “open guy” who “speaks with what’s in his heart and mind … that’s the way he’s wired.”
“To make him be more secretive, walled off from the media — it would be something that would not be consistent with the way Rand Paul is put together,” Darling said.
“We’re not an office that hides things, we want to get our message far and wide,” Paul spokesperson Sergio Gor echoed. “He’s interesting, he speaks his mind … I think people appreciate the honesty he brings.”
Paul’s willingness to go off script might sometimes get him in trouble, but reporters find it a welcome break from the rigidly controlled operations of other potential 2016 candidates, like Hillary Clinton and Jeb Bush.
Rand Paul is shown. | Getty
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“One of the refreshing things in covering him is the tendency to go offscript. Now that’s not always intentional and his staff doesn’t always appreciate it when that happens and you write about it, but it is a departure from the norm in covering politics to be around somebody who isn’t so tightly scripted,” said New York Times reporter Jeremy Peters.
Ask Paul the wrong type of question, or point out an inconsistency, though, and he doesn’t hide his irritation.
“He still has pretty thin skin when things get tough,” one reporter who has covered Paul for years and asked to speak on background said. “He doesn’t hide his displeasure and anger very well and that can do you in. He’s probably overly sensitive to some of the coverage.”
Another reporter for a major national paper wondered whether Paul, an ophthalmologist, suffers from what a lot of doctors experience, “a sense of never being questioned in their professional lives.”
Darling defends Paul, saying he “has a thick skin,” despite one or two antagonistic interviews.
Sen. Rand Paul, R-Ky., arrives in his hometown, Bowling Green, Ky., Monday, Nov. 3, 2014, to give an assist to Senate Minority Leader Mitch McConnell, R-Ky., at his final campaign stop. McConnell, a 30-year incumbent, would ascend to majority leader if he holds his seat and Republicans take control of the Senate in Tuesday’s midterm election. (AP Photo/J. Scott Applewhite)
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“The CNBC interview turned out to be a bait and switch where the network was intent on making news,” Darling said. “Sometimes prickly is the best way to deal with a hostile interviewer. I don’t think he is prickly, but if that is a perception, then he should work to smooth out his delivery so that he can dispel that perception.”
But Kevin Madden, a senior adviser and spokesperson for Mitt Romney’s 2012 presidential campaign who is now a partner at Hamilton Place Strategies not connected with any 2016 candidate, said that how a candidate answers a question can matter just as much as the content of their answer.

“Oftentimes it’s not just how you answer the message but substantively it’s what kind of message you send about your leadership style,” Madden said. “If you’re prickly and easily irritated that’s not going to be something that really gives people a great sense of security. If you can be calm and collected, show a lot of poise — that says a lot about your leadership style and voters pick up on that.”
Almost all pols have their prickly moments with the press corps. What’s nonetheless appealing about Paul, journalists who cover him say, is his accessibility.
“Would I rather have that, or Mitt who always stayed in front of plane and never deviated from script? Of course, I’d never want to cover someone like Romney, or Hillary for that matter,” one reporter said.

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But Paul and his team are also known to blame the media when the senator makes a mistake, or says something that’s inconsistent with his previous positions.
In 2010, The Louisville Courier-Journal published the transcript of a meeting with the newspaper’s editorial board, in which Paul suggested he wasn’t a fan of how the Civil Rights Act lets the federal government intrude into private business practices.
“I don’t like the idea of telling private business owners — I abhor racism. I think it’s a bad business decision to exclude anybody from your restaurant — but, at the same time, I do believe in private ownership. But I absolutely think there should be no discrimination in anything that gets any public funding, and that’s most of what I think the Civil Rights Act was about in my mind,” Paul said at the time.
When asked whether he then believed that it was OK for a restaurant to deny service to someone such as Martin Luther King Jr., Paul said he’d protest t but that the First Amendment allows for “boorish people.”
File-This March 28, 2015, file photo shows Wisconsin forward Frank Kaminsky reacting after winning possession of the ball against Arizona during the second half of a college basketball regional final in the NCAA Tournament, in Los Angeles. When Kentucky, with four NBA-quality freshmen on the roster, lost to a senior-laden team from Wisconsin in the semifinals Saturday, it struck a blow for traditionalists who say you can still have it all, a full college career, a chance to play for a title, a wealthy future in the NBA. Player of the Year Kaminsky and two of his teammates, Sam Dekker and Nigel Hayes, forged opportunities to do all that with the Badgers. (AP Photo/Jae C. Hong, File)
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“In a free society, we will tolerate boorish people who have abhorrent behavior, but if we’re civilized people we publicly criticize that and don’t belong or associate with those people,” Paul said.
Paul went on the “Rachel Maddow Show” for a follow-up interview a few weeks later, repeated his position and endured a few more days of media firestorm. In 2014, when the hosts of MSNBC’s “The Cycle” brought up his old Civil Rights Acts comments, Paul turned the attack back on the network.
“Have I ever had a philosophical discussion about all aspects of it? Yeah, and I learned my lesson: To come on MSNBC and have a philosophical discussion, the liberals will come out of the woodwork and they will go crazy and say you’re against the Civil Rights Act and that you’re some terrible racist,” Paul said.
When Yahoo! News asked Paul whether he still believed the United States should stop sending federal aid to Israel, he denied he’d made the proposal. After being pointed to interviews and videos showing that he had said as much previously, Paul lashed out.
Former Florida Gov. Jeb Bush, left, accompanied by Georgia House Speaker David Ralston, speaks to lawmakers, Thursday, March 19, 2015, at the State Capitol in Atlanta. (AP Photo/David Goldman)
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“You can mistake my position, but then I’ll answer the question,” Paul said. “That has not been a position — a legislative position — we have introduced to phase out or get rid of Israel’s aid. That’s the answer to that question. Israel has always been a strong ally of ours and I appreciate that. I voted just this week to give money — more money — to the Iron Dome, so don’t mischaracterize my position on Israel.”
Earlier this year as measles outbreaks were making headlines, Paul seemed to suggest in a link between vaccines and mental disorders, a link widely debunked by the medical community.
“I’ve heard many tragic cases of walking, talking normal children who wound up with profound mental disorders after vaccines,” he said in the same CNBC appearance where he shushed the anchor.
Paul later tried to clarify his statement, denying that he had said vaccines caused mental illness but saying he believed it should be a personal decision. Paul’s staff then invited members of the media, including The New York Times, to accompany the senator as he received a booster shot at the congressional infirmary.
“Today, I am getting my booster vaccine. Wonder how the liberal media will misreport this,” Paul tweeted.
Paul’s media attacks can backfire, says Eric Fehrnstrom, a former top Mitt Romney adviser and founder of the consulting firm the Shawmut Group who is unaligned with any 2016ers.
“He sounds like a surly teenager arguing with his parents, and not about the substance of things either but about their meaning and definition,” Fehrnstrom said in an email. “It’s tiresome. I’m not saying the media is always right, they aren’t, but that can’t be your constant critique.”
One favored tactic among Paul and his team is a common one — freeze out reporters who have committed perceived slights, sometimes for months. At least three reporters interviewed mentioned specific instances where after certain stories — about the medical board he created in Kentucky, funding for Israel or his criticisms of the GOP’s focus on voter ID policies — Paul and his team would institute a temporary ban on the reporter. And it’s not just reporters who suffer the freeze — in September, conservative radio host Hugh Hewitt said Paul had said he would no longer appear on his show.
“I think maybe he’s written off a lot of conservative talk radio as simply neocon or hawkish, and he won’t talk to us,” Hewitt said. (That seems to be changing though — both Paul and Hewitt’s teams said Paul would appear on the show in the next couple weeks.)
Gor pushed back on Hewitt’s comment that Paul doesn’t like conservative radio, calling it “blatantly false” and noting that he is a regular on Mark Levin, Laura Ingraham, Glenn Beck and Sean Hannity’s shows. “We do tend to avoid unfair and biased interviewers,” Gor said.
But while Paul’s team may have a penchant for freezing reporters out, Paul himself doesn’t even seem remember them.
“I approached him for an interview in the hall and he asked his staff, ‘So why are we mad at him again, why shouldn’t I talk to him?’” Peters said. “He clearly doesn’t remember day to day what grievances he has against the media. And that’s definitely a good thing.”
Reporters also noted that Paul is still a rather mysterious character for them, though that may be rectified with long days on the campaign trail.
“They put him in front of so many reporters, it is kind of hard to get a good feel for him, develop the same kind of rapport that I’ve had with other politicians. He’s not the most chatty, extroverted guy. Very little small talk. Maybe he’d rather keep the interviews short and get down to other business. But at least he suffers through them,” Peters said.
Another reporter who has covered Paul for years said that for a politician, Paul doesn’t seem to particularly enjoy the social aspect of his job.
“I wouldn’t call him a happy warrior,” the reporter said. “For all his hipster demeanor and clothing, he doesn’t look really comfortable a lot of the time. He’s doing most public thing you can do but doesn’t see to be enjoying it. I’ve seen him at events where he doesn’t even work the room. If you’re running for president, that’s not how you do it.” (Running for president is “not really a lot of fun,” Paul told a conference in February.)
Paul’s relationship with the media has matured as he has spent time in Washington, especially as his press team of just three staffers gained experience from fielding as many as 100 requests some weeks.
“When he first got here, his overall press organization was quite challenged, to be generous,” said Courier-Journal Washington Correspondent Jim Carroll. “He’s a work in progress as a candidate.”
http://www.politico.com/story/2015/04/rand-paul-and-the-media-no-love-story-116709.html

Rand Paul comes out swinging…at interviewers

By Thomas Lifson

In a round of interviews yesterday, Rand Paul took on questions he found unfair, and got into an argument with Savannah Guthrie of the Today show. The predictable result was return fire from talking head pundits, unhappy over his refusal to play the game on the ground rules the media likes to set.  In the words of T. Beckett Adams of the Washington Examiner, it was a “media pile-on.”

Sen. Rand Paul, R-Ky., became the target of media criticism Wednesday after he accused NBC News’ Savannah Guthrie during an interview of “editorializing” her questions.

“That Rand Paul sure is a charmer,” tweeted Business Insider’sNicholas Carson, after Paul said Today Show co-anchor Guthrie was phrasing her questions as declaratives rather than interrogatives during an interview with the newly declared 2016 presidential candidate.

Politico’s Ben White tweeted, “Politicians mansplaining to female journos how to conduct an interview is just, well, it’s just very bad.”

The hoary Democrat spin of the GOP “war on women” was picked up by several commentators, including Chuck Todd on MSNBC (embedded below because almost nobody saw it when broadcast):

Paul shot back: “I’ve Been Universally Short Tempered and Testy with Both Male and Female Reporters” (Mediaite).

That is true, and it may be the best signal for the senator from Kentucky to heed.  Without question, the GOP base, sick to death of unfair media treatment, will cheer Paul on.  And he did something that many of us have longed for (via CNN).

Rand Paul says he doesn’t want to be grilled about abortion until Democratic National Committee Chairwoman Debbie Wasserman Schultz answers similarly tough questions.

My own opinion is that Rand is pursuing a good strategy, but he needs to quickly refine his skills.  It is important to be likable, especially when taking on media interviewers who have been chosen for their Q Score (likability).  By shushing Savannah Guthrie, Paul left himself wide open, and Wasserman Schultz took advantage:

Wasserman Schultz hit back — highlighting Paul’s testy interviews with female television anchors, too, by saying she hopes he can “respond without ‘shushing’ me.”

President Reagan was a master of being genial while also refusing to kowtow to media gotcha questions.  It is an open question in my mind whether or not this is a skill that can be picked up or a gift that is inherent in a personality.

Megyn Kelly’s interview with Rand Paul last night saw a mixture of criticism and concern.
What works for Sen. Paul in the primaries will not work in a general election.  I think voters do not want a president whom they perceive as “short-tempered and testy” (in the senator’s own words).  I realize that Rand Paul is running on ideas and change.  But the sad reality is that a huge number of voters, probably a majority, choose their president based on factors like their comfort level in having a beer with the person.  To paraphrase an old saying, you go to the voters with the electorate you have.

http://www.americanthinker.com/blog/2015/04/rand_paul_comes_out_swinging__at_interviewers.html

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Rand Paul Running — Libertarian and Fiscal Conservative Republicans and Independents Will Vote For Him — Big Government Republicans, Neoconservatives and Progressive Democrats Demonize and Fear Him — Can He Beat Senator Ted Cruz? — Time Will Tell — Two Clues For Rand Paul — Videos

Posted on April 10, 2015. Filed under: American History, Articles, Banking, Blogroll, British History, College, Communications, Constitution, Economics, Education, Employment, European History, Faith, Family, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, Freedom, Friends, government, government spending, Health Care, history, History of Economic Thought, Illegal, Immigration, Investments, IRS, Islam, Law, Legal, liberty, Life, Links, Macroeconomics, media, Microeconomics, Monetary Policy, Money, National Security Agency (NSA_, Obamacare, People, Philosophy, Photos, Politics, Radio, Radio, Raves, Religious, Strategy, Talk Radio, Tax Policy, Taxes, Terrorism, Video, War, Wealth, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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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

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Pronk Pops Show 433: March 24, 2015

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Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

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Pronk Pops Show 427: March 16, 2015

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Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

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Story 1: Rand Paul Running — Libertarian and Fiscal Conservative Republicans and Independents Will Vote  For Him —  Big Government Republicans, Neoconservatives and Progressive Democrats Demonize and Fear Him — Can He Beat Senator Ted Cruz? — Time Will Tell — Two Clues For Rand Paul — Videosrand_paul

U.S. Senator Paul arrives with wife Kelley before announcing candidacy for president during an event in Louisville

Freedom lies in being bold.

Robert Frost

The journey of a thousand miles begins with one step.

Lao Tzu

Rand Paul 2016 Speech – Senator Rand Paul Announces Running For U.S. President |FULL SPEECH

One-On-One With GOP Presidential Candidate Kentucky Rand Paul America & Israel – Hannity

RAND PAUL Explains LIBERTARIANISM

Rand Paul: Republicans Can Only Win if “They Become More Live and Let Live”

Why is Rand Paul the right choice for America? Rand Paul 2016.

Three Clues For Rand Paul

FairTax: Fire Up Our Economic Engine (Official HD)

America faces one of the greatest perils to her future: our broken economic engine. A simple tune-up won’t fix the problem. The FairTax would fuel economic growth, investment, and job creation throughout the nation. Learn why the FairTax will fuel our economic engine and create jobs.

“The Case for the Fair Tax”

John E. Linder
Former U.S. Representative
Co-author, “The Fair Tax Book”

Immigration by the Numbers — Off the Charts

How Many Illegal Aliens Are in the US? – Walsh – 1

How Many Illegal Aliens Are in the US? – Walsh – 2

The Truth About Immigration: What They Won’t Tell You!

The Presidential Contenders: Rand Paul

Pence on the Fair Tax

The Presidential Contenders: Gov. Mike Pence

Scoring the Immigration Reform Bill: An Analysis of the CBO’s Numbers

Milton Friedman on Libertarianism (Part 4 of 4)

TAKE IT TO THE LIMITS: Milton Friedman on Libertarianism

Milton Friedman – Welfare State Dynamics

Milton Friedman – Illegal Immigration only helps when its Illegal

Dan Mitchell explains the fair tax

Flat Tax vs. National Sales Tax

How does the FairTax affect the economy?

How is the FairTax collected?

Why is the FairTax better than a flat income tax?

If people bring home their whole paychecks how can prices fall?

How does the “prebate” work?

Are any significant economies funded by a sales tax?

Will the FairTax hurt home ownership with no mortgage interest deduction?

Krauthammer’s Take: Rand Paul is the 2016 Candidate Closest to Obama on Foreign Policy

Judge Napolitano: Why Taxation is Theft, Abortion is Murder, & Gov’t is Dangerous

Ferguson and Napolitano – When “Fiscal” Conservatives Agree – Americas Debt Crisis

Harvard Professor Niall Ferguson and U.S. Federal Court Judge Andrew Napolitano would seem to be at odds on many topics. One they agree with is the spending of the U.S. government and the lack of fiscal responsibility. See how they explain the debt problem in the U.S. and the ways in which this crisis is harming america. Is the Obama administration oblivious, or not caring, when it comes to borrowing money to support social programs and defense spending? Will the Democrats and Republicans come together in time to defeat the massive overspending and budget deficit? See what these two men have to say.

Libertarianism | Murray N. Rothbard

Murray Rothbard: Six Stages of the Libertarian Movement

How Many Illegal Aliens Are in the US? – Walsh – 1

How Many Illegal Aliens Are in the US? – Walsh – 2

Why Neocons Won’t Be Too Pleased With Rand Paul’s Speech

Rand Paul takes aim at “war hawk” Hillary Clinton – Fox News Special Report

The Secret To Rand Paul’s Success

Judge Napolitano: Rand Paul Can Lead Us To An Era Of Prosperity, Happiness & Small Government

Who is the ideal presidential candidate?

Transcript: Read Full Text of Sen. Rand Paul’s Campaign Launch

Kentucky Sen. Rand Paul launched his presidential campaign in Louisville Tuesday.

I have a message, a message that is loud and clear and does not mince words. We have come to take our country back.

We have come to take our country back from the special interests that use Washington as their personal piggy bank, the special interests that are more concerned with their personal welfare than the general welfare.

The Washington machine that gobbles up our freedoms and invades every nook and cranny of our lives must be stopped.

Less than five years ago I stood just down the road in home town in Bowling Green and said those same words. I wasn’t supposed to win, no one thought I would.

Some people asked me, then why are you running? The answer is the same now as it was then. I have a vision for America. I want to be part of a return to prosperity, a true economic boom that lists all Americans, a return to a government restrained by the Constitution.

A return to privacy, opportunity, liberty. Too often when Republicans have won we have squandered our victory by becoming part of the Washington machine. That’s not who I am.

That’s not why I ran for office the first time just a few years ago. The truth is, I love my life as a small-town doctor. Every day I woke up, I felt lucky to be able to do the things I loved. More importantly, I was blessed to be able to do things that made a difference in people’s lives.

I never could have done any of this, though, without the help of my parents who are here today. I’d like you to join me and thank my mother and dad.

With my parents’ help, I was able to make it through long years of medical training to become an eye surgeon. For me there is nothing that compares with helping someone see better. Last August I was privileged to travel to Guatemala on a medical mission trip together with a team of surgeons from across the U.S.

We operated on more than 200 people who were blind or nearly blind from cataracts. I was grateful to be able to put my scrubs back on, peer into the oculars of the microscope, and focus on the task at hand, to take a surgical approach to fix a problem.

One day in Guatemala, a man arrived and told me that I’d operated on his wife the day before. His wife could see clearly for the first time in years, and she had begged him to get on the bus, travel the winding roads and come back to our surgery center. He too was nearly blind from hardened cataracts.

After his surgery, the next day, his wife sat next to me. As I unveiled the patch from his eyes, it was a powerful emotional moment for me to see them looking at each other clearly for the first time years to see the face they loved again.

As I saw the joy in their eyes, I thought, “This is why I became a doctor.”

In that moment, I also remembered my grandmother, who inspired me to become an eye surgeon. She spent hours with me as a kid. We would sort through her old coin collection, looking for wheat pennies and Indian heads. But as her vision began to fail, I became her eyes to inspect the faintness of the mint marks on the old weather-worn coins.

I went with my grandmother to the ophthalmologist as she had her corneas replaced. I was also with her when she received the sad news that macular generation had done irreparable harm to her eyes.

My hope… my hope that my grandmother would see again made me want to become an eye surgeon, to make a difference in people’s lives.

I’ve been fortunate. I’ve been able to enjoy the American Dream.

I worry, though, that the opportunity and hope are slipping away for our sons and daughters. As I watch our once-great economy collapse under mounting spending and debt, I think, “What kind of America will our grandchildren see”?

It seems to me that both parties and the entire political system are to blame.

Big government and debt doubled under a Republican administration.

And it’s now tripling under Barack Obama’s watch. President Obama is on course to add more debt than all of the previous presidents combined.

We borrow a million dollars a minute. This vast accumulation of debt threatens not just our economy, but our security.

We can wake up now and do the right thing. Quit spending money we don’t have.

This message of liberty is for all Americans, Americans from all walks of life. The message of liberty, opportunity and justice is for all Americans, whether you wear a suit, a uniform or overalls, whether you’re white or black, rich or poor.

In order to restore America, one thing is for certain, though: We cannot, we must not dilute our message or give up on our principles.

If we nominate a candidate who is simply Democrat Light, what’s the point?

Why bother?

We need to boldly proclaim our vision for America. We need to go boldly forth under the banner of liberty that clutches the Constitution in one hand and the Bill of Rights in the other.

Washington is horribly broken. I fear it can’t be fixed from within. We the people must rise up and demand action.

Congress will never balance the budget unless you force them to do so. Congress has an abysmal record with balancing anything. Our only recourse is to force Congress to balance the budget with a constitutional amendment.

I have been to Washington, and let me tell you, there is no monopoly on knowledge there.

I ran for office because we have too many career politicians. I believe it now more than ever.

We limit the President to two terms. It’s about time we limit the terms of Congress!

I want to reform Washington. I want common sense rules that will break the logjam in Congress.

That’s why I introduced a Read the Bills Act.

The bills are thousands of pages long. And no one reads them. They are often plopped on our desks only a few hours before a vote.

I’ve proposed something truly extraordinary — Let’s read the bills, every page!

The bills are 1,000 pages long and no one reads them. They are often plopped on our desk with only a few hours before a vote, so I propose something truly extraordinary. Let’s read the bills every day.

From the time I was a very young boy I was taught to love and appreciate America. Love of liberty pulses in my veins not because we have beautiful mountains or white sand beaches, although we do, and not because of our abundance of resources. It’s more visceral than that. Our great nation was founded upon the extraordinary notion that government should be restrained and freedom should be maximized.

America, to me, is that beacon. We are unique among the nations that our — that our country stands for freedom. Freedom nurtured our country from a rebellious group of colonies into the world’s greatest nation.

When tyranny threatened the world America led the way to rid the world of Nazis and fascist regimes. Resolutely we stood decade after decade against Communism, the engine of capitalism finally winning out against the sputtering, incompetent engine of socialism.

We won the Cold War.

America and freedom are so intertwined that people literally are dying to come here. The freedom we have fostered in America have unleashed genius and advancement like never before. Yet our great nation still needs new ideas and new answers to old problems.

From an early age I worked. I taught swimming lessons, I mowed lawns, I did landscaping, I put roofs on houses, I painted houses. I never saw work though as punishment. Who always gave me a sense of who I am.

Self-esteem cant be given; it must be earned.

Work is not punishment; work is the reward.

Two of my sons work minimum wage jobs while they go to college. I am proud of them as I see them realize the value of hard work. I can see their self-esteem grow as they cash their paychecks. I have a vision for America where everyone who wants to work will have a job.

Many Americans though are being left behind. The reward of work seems beyond their grasp. Under the watch of both parties, the poor seem to get poorer and the rich get richer. Trillion-dollar government stimulus packages has only widened the income gap.

Politically connected crones get taxpayer dollars by the hundreds of millions and poor families across America continue to suffer. I have a different vision, an ambitious vision, an ambitious vision, a vision that will offer opportunity to all Americans, especially those who have been left behind.

My plan includes economic freedom zones to allow impoverished areas like Detroit, West Louisville, Eastern Kentucky to prosper by leaving more money in the pockets of the people who live there.

Can you imagine what a billion-dollar stimulus could do for Detroit or for Appalachia? I’m convinced that most Americans want to work. I want to free up the great engine of American prosperity.

I want to see millions of Americans back at work. In my vision for America, we’ll bring back manufacturing jobs that pay well. How? We’ll dramatically lower the tax on American companies that wish to bring their profits home.

More than $2 trillion in American profit currently sits overseas. In my vision for America, new highways and bridges will be built across the country, not by raising your taxes, but by lowering the tax to bring this American profit home.

Even in this polarized Congress, we have a chance of passing this. I say let’s bring $2 trillion home to America, let’s bring it home now.

Liberal policies have failed our inner cities. Let’s just get the facts straight. They have failed our inner cities. Our schools are not equal, and the poverty gap continues to widen. Martin Luther King spoke of two Americas. He described them as two starkly different American experiences that exist side-by-side.

In one in America, people experience the opportunity of life, liberty and the pursuit of happiness. In the other America, people experience a daily ugliness that dashes hope and leaves only the fatigue of despair.

Although I was born into the America that experiences and believes in opportunity, my trips to Detroit, to Appalachia, to Chicago have revealed what I call an undercurrent of unease.

It’s time for a new way, a way predicated on justice, opportunity and freedom.

Those of us who have enjoyed the American dream must break down the wall that separates us from the other America. I want all our children to have the same opportunities that I had. We need to stop limiting kids in poor neighborhoods to failing public schools and offer them school choice.

It won’t happen, though, unless we realize that we can’t borrow our way to prosperity. Currently some $3 trillion comes into the U.S. Treasury. Couldn’t the country just survive on $3 trillion?

I propose we do something extraordinary. Let’s just spend what comes in.

In my vision for America, freedom and prosperity at home can only be achieved if we defend against enemies who are dead set on attacking us.

Without question we must defend ourselves and American interests from our enemies, but until we name the enemy, we can’t win the war.

The enemy is radical Islam. You can’t get around it.

And not only will I name the enemy, I will do whatever it takes to defend America from these haters of mankind.

We need a national defense robust enough to defend against all attack, modern enough to deter all enemies, and nimble enough to defend our vital interests. But we also need a foreign policy that protects American interests and encourages stability, not chaos.

At home, conservatives understand that government is the problem, not the solution.

Conservatives should not succumb, though, to the notion that a government inept at home will somehow succeed in building nations abroad.

I envision an America with a national defense unparalleled, undefeatable and unencumbered by overseas nation-building.

I envision a national defense that promotes, as Reagan put it, peace through strength.

I believe in applying Reagan’s approach to foreign policy to the Iran issue. Successful negotiations with untrustworthy adversaries are only achieved from a position of strength.

We’ve brought Iran to the table through sanctions that I voted for. Now we must stay strong. That’s why I’ve cosponsored legislation that ensures that any deal between the U.S. and Iran must be approved by Congress.

Not — not only is that good policy, it’s the law.

It concerns me that the Iranians have a different interpretation of the agreement. They’re putting out statement that say completely the opposite of what we’re saying. It concerns me that we may attempt, or the president may attempt, to unilaterally and prematurely halt sanctions.

I will oppose any deal that does not end Iran’s nuclear ambitions and have strong verification measures.

And I will insist that the final version be brought before Congress.

The difference between President Obama and myself, he seems to think you can negotiate from a position of weakness. Yet everyone needs to realize that negotiations are not inherently bad. The trust (inaudible) verify is required in any negotiation, but then our goal always should be and always is peace, not war.

We must realize, though, that we do not project strength by borrowing money from China to send it to Pakistan.

Let’s quit building bridges in foreign countries and use that money to build some bridges here at home.

It angers me to see mobs burning our flag and chanting “Death to America” in countries that receive millions of dollars in our foreign aid.

I say it must end. I say not one penny more to these haters of America.

To defend our country, we do need to gather intelligence on the enemy. But when the intelligence director is not punished for lying under oath, how are we to trust our government agencies?

Warrantless searches of Americans’ phones and computer records are un-American and a threat to our civil liberties.

I say that your phone records are yours. I say the phone records of law-abiding citizens are none of their damn business.

Is this where we light up the phones?

The president created this vast dragnet by executive order. And as president on day one, I will immediately end this unconstitutional surveillance.

I believe we can have liberty and security and I will not compromise your liberty for a false sense of security, not now, not ever.

We must defend ourselves, but we must never give up who we are as a people. We must never diminish the Bill of Rights as we fight this long war against evil. We must believe in our founding documents. We must protect economic and personal liberty again.

America has much greatness left in her. We are still exceptional and we are still a beacon for the world. We will thrive when we believe in ourselves again.

I see an America strong enough to deter foreign aggression, yet wise enough to avoid unnecessary intervention.

I see an America where criminal justice is applied equally and any law that disproportionately incarcerates people of color is repealed.

I see an America with a restrained IRS that cannot target, cannot harass American citizens for their political or religious beliefs.

I see our big cities once again shining and beckoning with creativity and ingenuity, with American companies offering American jobs. With your help, this message will ring from coast to coast, a message of liberty, justice and personal responsibility. Today begins the journey to take America back.

To rescue a great country now adrift, join me as together we seek a new vision for America. Today I announce with God’s help, with the help of liberty lovers everywhere, that I am putting myself forward as a candidate for president of the United States of America.

http://time.com/3773964/rand-paul-presidential-campaign-launch-speech-transcript/

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 439-442

Listen To Pronk Pops Podcast or Download Show 431-438

Listen To Pronk Pops Podcast or Download Show 422-430

Listen To Pronk Pops Podcast or Download Show 414-421

Listen To Pronk Pops Podcast or Download Show 408-413

Listen To Pronk Pops Podcast or Download Show 400-407

Listen To Pronk Pops Podcast or Download Show 391-399

Listen To Pronk Pops Podcast or Download Show 383-390

Listen To Pronk Pops Podcast or Download Show 376-382

Listen To Pronk Pops Podcast or Download Show 369-375

Listen To Pronk Pops Podcast or Download Show 360-368

Listen To Pronk Pops Podcast or Download Show 354-359

Listen To Pronk Pops Podcast or Download Show 346-353

Listen To Pronk Pops Podcast or Download Show 338-345

Listen To Pronk Pops Podcast or Download Show 328-337

Listen To Pronk Pops Podcast or Download Show 319-327

Listen To Pronk Pops Podcast or Download Show 307-318

Listen To Pronk Pops Podcast or Download Show 296-306

Listen To Pronk Pops Podcast or Download Show 287-295

Listen To Pronk Pops Podcast or Download Show 277-286

Listen To Pronk Pops Podcast or Download Show 264-276

Listen To Pronk Pops Podcast or Download Show 250-263

Listen To Pronk Pops Podcast or Download Show 236-249

Listen To Pronk Pops Podcast or Download Show 222-235

Listen To Pronk Pops Podcast or Download Show 211-221

Listen To Pronk Pops Podcast or Download Show 202-210

Listen To Pronk Pops Podcast or Download Show 194-201

Listen To Pronk Pops Podcast or Download Show 184-193

Listen To Pronk Pops Podcast or Download Show 174-183

Listen To Pronk Pops Podcast or Download Show 165-173

Listen To Pronk Pops Podcast or Download Show 158-164

Listen To Pronk Pops Podcast or Download Show 151-157

Listen To Pronk Pops Podcast or Download Show 143-150

Listen To Pronk Pops Podcast or Download Show 135-142

Listen To Pronk Pops Podcast or Download Show 131-134

Listen To Pronk Pops Podcast or Download Show 124-130

Listen To Pronk Pops Podcast or Download Shows 121-123

Listen To Pronk Pops Podcast or Download Shows 118-120

Listen To Pronk Pops Podcast or Download Shows 113 -117

Listen To Pronk Pops Podcast or Download Show 112

Listen To Pronk Pops Podcast or Download Shows 108-111

Listen To Pronk Pops Podcast or Download Shows 106-108

Listen To Pronk Pops Podcast or Download Shows 104-105

Listen To Pronk Pops Podcast or Download Shows 101-103

Listen To Pronk Pops Podcast or Download Shows 98-100

Listen To Pronk Pops Podcast or Download Shows 94-97

Listen To Pronk Pops Podcast or Download Shows 93

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Listen To Pronk Pops Podcast or Download Shows 88-90

Listen To Pronk Pops Podcast or Download Shows 84-87

Listen To Pronk Pops Podcast or Download Shows 79-83

Listen To Pronk Pops Podcast or Download Shows 74-78

Listen To Pronk Pops Podcast or Download Shows 71-73

Listen To Pronk Pops Podcast or Download Shows 68-70

Listen To Pronk Pops Podcast or Download Shows 65-67

Listen To Pronk Pops Podcast or Download Shows 62-64

Listen To Pronk Pops Podcast or Download Shows 58-61

Listen To Pronk Pops Podcast or Download Shows 55-57

Listen To Pronk Pops Podcast or Download Shows 52-54

Listen To Pronk Pops Podcast or Download Shows 49-51

Listen To Pronk Pops Podcast or Download Shows 45-48

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Listen To Pronk Pops Podcast or Download Shows 34-37

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Listen To Pronk Pops Podcast or Download Shows 27-29

Listen To Pronk Pops Podcast or Download Shows 17-26

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It Is Time For A New Different Kind of President? Neither Democrat Nor Republican! — An Independent Constitutionalist — The Longer Senator Rand Paul Stays In Washington He Becomes More An Establishment Republican On Key Issues — Big Government Conservative Not Limited Government Libertarian — The Co-opting of Rand Paul — Videos

Posted on April 10, 2015. Filed under: American History, Articles, Babies, Banking, Blogroll, British History, Business, College, Communications, Constitution, Corruption, Crime, Crisis, Culture, Documentary, Drug Cartels, 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, Homicide, Illegal, Immigration, IRS, Law, Legal, liberty, Life, Links, media, Monetary Policy, Money, Money, National Security Agency (NSA_, Nuclear, Obamacare, People, Philosophy, Photos, Politics, Press, Psychology, Radio, Rants, Raves, Regulations, Strategy, Talk Radio, Tax Policy, Taxes, Terrorism, Unemployment, Video, War, Wealth, Weapons, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

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

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Story 1: It Is Time For A New Different Kind of President? Neither Democrat Nor Republican! — An Independent Constitutionalist — The Longer Senator Rand Paul Stays In Washington He Becomes More An Establishment Republican On Key Issues — Big Government Conservative Not Limited Government Libertarian — The Co-opting of Rand Paul — Videos

Polling Data

Poll Date Bush Walker Cruz Paul Huckabee Carson Rubio Christie Perry Santorum Jindal Kasich Spread
RCP Average 2/26 – 3/31 16.8 16.2 8.7 8.7 8.7 8.7 6.5 6.0 2.5 1.8 1.5 1.3 Bush +0.6
FOX News 3/29 – 3/31 12 15 10 9 10 11 8 4 3 2 2 1 Walker +3
ABC/Wash Post 3/26 – 3/29 21 13 12 8 8 6 8 7 1 2 1 1 Bush +8
PPP (D) 3/26 – 3/31 17 20 16 10 6 10 6 4 3 Walker +3
CNN/ORC 3/13 – 3/15 16 13 4 12 10 9 7 7 4 1 1 2 Bush +3
McClatchy/Marist 3/1 – 3/4 19 18 4 7 10 9 5 6 3 2 Bush +1
Quinnipiac 2/26 – 3/2 16 18 6 6 8 7 5 8 1 2 2 1 Walker +2

All 2016 Republican Presidential Nomination Polling Data

http://www.realclearpolitics.com/epolls/2016/president/us/2016_republican_presidential_nomination-3823.html

Rand Paul 2016 Speech – Senator Rand Paul Announces Running For U.S. President |FULL SPEECH

Rand Paul in 2016?

RAND PAUL Explains LIBERTARIANISM

Rand Paul: Ted Cruz’s Audience Was Required To Attend, I’m Not Interested In Throwing Out Red Meat

“A Different Kind of Republican Leader”

Rand Paul 2016 Campaign Promises

Rand Paul was for the Fair Tax before he was against it

Rand Paul says he supports the Fair Tax

Rand Paul explains the Flat Tax to Berkeley

Rand Paul on Tax Reform – Fox Business’ Cavuto 10/19/2012

Rand Paul proposes 17% Flat Tax that would lead to the “outright elimination of the IRS”

Rand Paul: More Immigrants, More Tax Revenue

Rand Paul: Obama Poured $1 Trillion Into Economy With His Stimulus Bill But It Didn’t Create Jobs

‘Ron Paul’s rEVOLution’ discussion w/ Rand Paul and Brian Doherty

Rand Paul Conservative Policy Summit FULL SPEECH

RAND PAUL TELLS US THE TRUTH “CIA FUNDED ISIS UNDER OBAMA ADMIN TO PROMOTE MORE WAR IN MIDDLE EAST”

Sean Hannity Shows His Influence

The Presidential Contenders: Rand Paul

Libertarianism: An Introduction

Jon Stewart’s 19 Tough Questions for Libertarians!

Ron Paul vs Rand Paul Stefan Molyneux Hosts the Peter Schiff Radio Show

Questions – Immigration Update – April 1-2, 2015

Most Voters Want More Aggressive Deportation Policies
See Toplines
See Crosstabs
Platinum Page

National Survey of 1,000 Likely Voters
Conducted April 1-2, 2015
By Rasmussen Reports

1* Is the U.S. government too aggressive or not aggressive enough in deporting those who are in this country illegally? Or is the number of deportations about right?

2* Suppose a woman enters the United States as an illegal alien and gives birth to a child in the United States. Should that child automatically become a citizen of the United States?

3* Should illegal immigrants who have American-born children be exempt from deportation?

4* Before anyone receives local, state or federal government services, should they be required to prove they are legally allowed to be in the United States?

5* How concerned are you that efforts to identify and deport illegal immigrants will also end up violating the civil rights of some U.S. citizens?

NOTE: Margin of Sampling Error, +/- 3 percentage points with a 95% level of confidence

http://www.rasmussenreports.com/public_content/politics/questions/pt_survey_questions/april_2015/questions_immigration_update_april_1_2_2015

Immigration

Most Voters Want More Aggressive Deportation Policies

More voters than ever feel the United States is not aggressive enough in deporting those who are here illegally, even as President Obama continues to push his plan to make up to five million illegal immigrants safe from deportation.

Just 16% of Likely U.S. Voters think the U.S. government is too aggressive in deporting those who are in the country illegally. A new Rasmussen Reports national telephone survey finds that 62% believe the government is not aggressive enough in deporting these illegal immigrants, up from 52% a year ago and 56%in November. Fifteen percent (15%) feel the current number of deportations is about right. (To see survey question wording, click here.)

Thirty-two percent (32%) believe illegal immigrants who have American-born children should be exempt from deportation, an element of Obama’s plan, but 51% now disagree. In November, voters were much more closely divided: 38% said they should be exempt from deportation, and only 42% disagreed. Seventeen  percent (17%) remain undecided.

But then most voters (54%) continue to feel that a child born to an illegal immigrant mother in the United States should not automatically become a U.S. citizen, as is now the case.  Thirty-eight percent (38%) favor the current policy of automatic citizenship for these children. Opposition has ranged from 51% to 65% in surveys since April 2006. Support has been in the 28% to 41% range in that same period.

An overwhelming 83% of voters think someone should be required to prove they are legally allowed in the United States before receiving local, state or federal government services. Just 12% disagree. These findings have changed little over the past four years.

Still, 54% are concerned that efforts to identify and deport illegal immigrants will also end up violating the civil rights of some U.S. citizens. Forty-three percent (43%) don’t have that concern. This includes 25% who are Very Concerned about possible civil rights violations and 12% who are Not at All Concerned. This, too, is consistent with past surveying.

(Want a free daily e-mail update? If it’s in the news, it’s in our polls). Rasmussen Reports updates are also available on Twitter or Facebook.

The survey of 1,000 Likely Voters was conducted on April 1-2, 2015 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

Most voters continue to believe federal government policies encourage illegal immigration.

Most voters in nearly every demographic category agree that the federal government is not aggressive enough in its deportation policies. Most also believe very strongly that someone should have to prove they are a U.S. citizen before obtaining government benefits.

Most women and men agree that a child born to an illegal immigrant in this country should not automatically become a U.S. citizen.

Voters under 40 are only slightly less supportive than their elders of more aggressive deportation policies. But they are much more likely than those 40 and over to think that a child born to an illegal alien in this country should automatically become a U.S. citizen.

Sixty percent (60%) of whites oppose automatic citizenship; 51% of blacks and 56% of other minority voters favor it.

Eighty-one percent (81%) of Republicans and 68% of voters not affiliated with either major party think the government is not aggressive enough in deporting illegal immigrants. Just 40% of Democrats agree. But then Democrats are far more concerned than the others that deportation efforts may end up violating the civil rights of some U.S. citizens.

Democrats by a 51% to 33% margin believe illegals who have American-born children should be exempt from deportation. Sixty-two percent (62%) of GOP voters and 60% of unaffiliateds disagree.

Most voters continue to believe that securing the border is more important than legalizing the status of undocumented workers already here and think plans to offer legal status to such individuals will just encourage more illegal immigration.

More than half of voters remain opposed to Obama’s new plan that will allow nearly five million illegal immigrants to remain in this country legally and apply for jobs. Forty-seven percent (47%) think Congress should try to find ways to stop the president’s plan, while 41% believe Congress should allow this decision to stand.

Voters also continue to strongly support voter ID laws and don’t consider them discriminatory.

Additional information from this survey and a full demographic breakdown are available to Platinum Members only.

http://www.rasmussenreports.com/public_content/politics/current_events/immigration/immigration

Voters Still Fault Feds For Illegal Immigration

Most voters continue to believe federal government policies encourage illegal immigration, but they still aren’t convinced states should go it alone in enforcing immigration laws.

A new Rasmussen Reports national telephone survey finds that 57% of Likely U.S. Voters think the policies and practices of the federal government encourage people to enter the United States illegally, the highest level of cynicism since June 2012. Twenty-eight percent (28%) disagree, while 15% are undecided. (To see survey question wording, click here.)

The number of voters who believe the federal government encourages illegal immigration reached a high of 62% in September 2010 but has mostly stayed in the mid-to high-50s in regular surveying for several years.

Still, 48% think relying on the federal government rather than states to enforce immigration laws is the best approach to dealing with illegal immigration. That’s down two points from last August  but is in line with findings since February 2011. Forty-two percent (42%) think it’s better to allow individual states to act on their own. Ten percent (10%) are undecided. Support for state action was slightly higher in 2011.

Most voters (61%) still favor strict government sanctions on employers who hire illegal immigrants. Twenty-four percent (24%) oppose such sanctions, while 15% are undecided. Support for these sanctions have run in the high 50s to low 60s for years, and Americans told us in a 2013 survey that employer sanctions are the most effective way to stop illegal immigration.

Voters remain more conflicted when it comes to landlords who rent or sell property to illegal immigrants. Forty-four percent (44%) favor strict government sanctions against them. Thirty-four percent (34%) are opposed, while 22% are undecided. These attitudes haven’t changed much over the years either.

But 57% believe if a police officer pulls someone over for a traffic violation, the officer should automatically check to see if that person is in the country legally. Thirty-three percent (33%) disagree, and 10% are not sure. These findings also have stayed fairly steady for years, although support for these checks hit a high of 73% in March 2009.

(Want a free daily e-mail update? If it’s in the news, it’s in our polls). Rasmussen Reports updates are also available on Twitter or Facebook.

The survey of 1,000 Likely Voters was conducted on March 4-5, 2015 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

Most voters continue to believe that securing the border is more important than legalizing the status of undocumented workers already here and think plans to offer legal status to such individuals will just encourage more illegal immigration.

Seventy-five percent (75%) of Republicans and 59% of voters not affiliated with either major political party believe the policies and practices of the federal government encourage illegal immigration. Democrats by a narrow 44% to 39% disagree. Most Republicans (62%) and unaffiliated voters by a 46% to 42% margin think states should be allowed to enforce immigration laws on their own, but 68% of Democrats think they should rely on the feds.

Sixty percent (60%) of voters who believe government policies encourage people to come here illegally favor allowing states to act on their own to enforce immigration laws. Seventy-eight percent (78%) of those who don’t believe government policies encourage illegal immigration think enforcement of such laws should be left to the federal government.

White voters are generally more supportive of strict sanctions against employers who hire illegal immigrants and landlords who rent or sell property to such individuals than black and other minority voters are. White voters also show stronger support for automatic police checks during traffic stops.

More than half of all voters remain opposed to President Obama’s new plan that will allow nearly five million illegal immigrants to remain in this country legally and apply for jobs. Forty-seven percent (47%) of voters think Congress should try to find ways to stop the president’s plan, while 41% believe Congress should allow this decision to stand.

Most voters continue to think the federal government should only do what the president and Congress agree on. They also still believe a president should not be able to change laws passed by Congress on his own.

However, just 17% of voters are even somewhat confident that the president and Republicans in Congress will be able to work together to do what’s best for the American people, and that includes only four percent (4%) who are Very Confident.

http://www.rasmussenreports.com/public_content/archive/immigration_update_archive/voters_still_fault_feds_for_illegal_immigration

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 439-441

Listen To Pronk Pops Podcast or Download Show 431-438

Listen To Pronk Pops Podcast or Download Show 422-430

Listen To Pronk Pops Podcast or Download Show 414-421

Listen To Pronk Pops Podcast or Download Show 408-413

Listen To Pronk Pops Podcast or Download Show 400-407

Listen To Pronk Pops Podcast or Download Show 391-399

Listen To Pronk Pops Podcast or Download Show 383-390

Listen To Pronk Pops Podcast or Download Show 376-382

Listen To Pronk Pops Podcast or Download Show 369-375

Listen To Pronk Pops Podcast or Download Show 360-368

Listen To Pronk Pops Podcast or Download Show 354-359

Listen To Pronk Pops Podcast or Download Show 346-353

Listen To Pronk Pops Podcast or Download Show 338-345

Listen To Pronk Pops Podcast or Download Show 328-337

Listen To Pronk Pops Podcast or Download Show 319-327

Listen To Pronk Pops Podcast or Download Show 307-318

Listen To Pronk Pops Podcast or Download Show 296-306

Listen To Pronk Pops Podcast or Download Show 287-295

Listen To Pronk Pops Podcast or Download Show 277-286

Listen To Pronk Pops Podcast or Download Show 264-276

Listen To Pronk Pops Podcast or Download Show 250-263

Listen To Pronk Pops Podcast or Download Show 236-249

Listen To Pronk Pops Podcast or Download Show 222-235

Listen To Pronk Pops Podcast or Download Show 211-221

Listen To Pronk Pops Podcast or Download Show 202-210

Listen To Pronk Pops Podcast or Download Show 194-201

Listen To Pronk Pops Podcast or Download Show 184-193

Listen To Pronk Pops Podcast or Download Show 174-183

Listen To Pronk Pops Podcast or Download Show 165-173

Listen To Pronk Pops Podcast or Download Show 158-164

Listen To Pronk Pops Podcast or Download Show 151-157

Listen To Pronk Pops Podcast or Download Show 143-150

Listen To Pronk Pops Podcast or Download Show 135-142

Listen To Pronk Pops Podcast or Download Show 131-134

Listen To Pronk Pops Podcast or Download Show 124-130

Listen To Pronk Pops Podcast or Download Shows 121-123

Listen To Pronk Pops Podcast or Download Shows 118-120

Listen To Pronk Pops Podcast or Download Shows 113 -117

Listen To Pronk Pops Podcast or Download Show 112

Listen To Pronk Pops Podcast or Download Shows 108-111

Listen To Pronk Pops Podcast or Download Shows 106-108

Listen To Pronk Pops Podcast or Download Shows 104-105

Listen To Pronk Pops Podcast or Download Shows 101-103

Listen To Pronk Pops Podcast or Download Shows 98-100

Listen To Pronk Pops Podcast or Download Shows 94-97

Listen To Pronk Pops Podcast or Download Shows 93

Listen To Pronk Pops Podcast or Download Shows 92

Listen To Pronk Pops Podcast or Download Shows 91

Listen To Pronk Pops Podcast or Download Shows 88-90

Listen To Pronk Pops Podcast or Download Shows 84-87

Listen To Pronk Pops Podcast or Download Shows 79-83

Listen To Pronk Pops Podcast or Download Shows 74-78

Listen To Pronk Pops Podcast or Download Shows 71-73

Listen To Pronk Pops Podcast or Download Shows 68-70

Listen To Pronk Pops Podcast or Download Shows 65-67

Listen To Pronk Pops Podcast or Download Shows 62-64

Listen To Pronk Pops Podcast or Download Shows 58-61

Listen To Pronk Pops Podcast or Download Shows 55-57

Listen To Pronk Pops Podcast or Download Shows 52-54

Listen To Pronk Pops Podcast or Download Shows 49-51

Listen To Pronk Pops Podcast or Download Shows 45-48

Listen To Pronk Pops Podcast or Download Shows 41-44

Listen To Pronk Pops Podcast or Download Shows 38-40

Listen To Pronk Pops Podcast or Download Shows 34-37

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Listen To Pronk Pops Podcast or Download Shows 27-29

Listen To Pronk Pops Podcast or Download Shows 17-26

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Conservatives Cheer Cruz Candidacy — Faith, Family, Friends, Freedom ~ First — Videos

Posted on March 24, 2015. Filed under: American History, Blogroll, Business, College, Communications, Computers, Constitution, Coptic Christian, Corruption, Documentary, Economics, Education, Employment, Energy, Faith, Family, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, Freedom, Friends, government, government spending, Health Care, history, Illegal, Immigration, Inflation, Investments, IRS, Islam, Language, Law, Legal, liberty, Life, Links, Macroeconomics, media, Microeconomics, Monetary Policy, Money, Music, Nuclear, Nuclear Power, Obamacare, Oil, People, Philosophy, Photos, Politics, Press, Psychology, Radio, Rants, Raves, Religion, Security, Shite, Strategy, Sunni, Talk Radio, Tax Policy, Taxes, Technology, Terrorism, Unemployment, Video, War, Wealth, Weapons, Weapons of Mass Destruction, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

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

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Story 1: Conservatives Cheer Cruz Candidacy — Faith, Family, Friends, Freedom ~ First — Videos

cted cruz runs

ted cruz makes pointted_cruz_cnn1

the competition

2016 Republican Presidential Nomination

Polling Data

Poll Date Bush Walker Carson Huckabee Paul Christie Rubio Cruz Perry Jindal Santorum Kasich Spread
RCP Average 1/25 – 3/15 16.6 16.6 10.6 10.2 8.4 6.4 5.0 4.6 3.0 2.0 1.8 1.7 Tie
CNN/ORC 3/13 – 3/15 16 13 9 10 12 7 7 4 4 1 1 2 Bush +3
McClatchy/Marist 3/1 – 3/4 19 18 9 10 7 6 5 4 3 2 Bush +1
Quinnipiac 2/26 – 3/2 16 18 7 8 6 8 5 6 1 2 2 1 Walker +2
PPP (D) 2/20 – 2/22 17 25 18 10 4 5 3 5 3 Walker +7
FOX News 1/25 – 1/27 15 9 10 13 13 6 5 4 4 3 2 2 Bush +2

All 2016 Republican Presidential Nomination Polling Data

fox-cpac-straw-poll

CPAC2015

• Presidential Candidate Ted Cruz • One-On-One • Hannity • 3/23/15 •

Ted Cruz announces presidential bid at Liberty University

Ted Cruz Liberty University FULL SPEECH Ted Cruz Announces He’s Running For President 2016

Senator Ted Cruz of Texas on Monday formally announced his candidacy for the 2016 Republican presidential nomination, promising a campaign that would be about “re-igniting the promise of America.” Ted Cruz Becomes First Major Candidate to Announce Presidential Bid for 2016. Ted Cruz Opens 2016 As the Election’s Self-Declared Conservative Champion
The Texas senator and presidential candidate kicked off his “The power of the American people as we stand up and fight for liberty knows no bounds,” Mr. Cruz said during a speech at Liberty University in Lynchburg, Va., in which he talked at length about his family and his faith as he laid out a case for his candidacy.
imagine you compiled a list of all the things Cruz asked his young audience to “imagine” being fulfilled through his presidency: “…millions of courageous conservatives rising up to say in unison, ‘we demand our liberty.’” “…millions of people in faith all across America coming out to the polls and voting our values.” “…millions of young people standing together saying ‘We will stand for liberty.’” “…booming economic growth” “…record number of small businesses” “…young people coming out of college with four, five, six job offers” (lulz) “…innovation thriving on the internet as government regulators and tax collectors are kept at bay.” “…America finally becoming energy self-sufficient.” “…a new president signing legislation repealing every word of Obamacare.” “…health care reform that keeps government out of the way of your and your doctor.” “…a simple flat tax.” “…abolishing the IRS.” “…a president that finally, finally, finally secures the borders.” “…a legal immigration that welcomes and celebrates those who come to achieve the America dream.” “…a federal government that stands for the First Amendment rights of every American.” “…a federal government that works to defend the sanctity of life and to uphold the sacrament of marriage.” “…a federal government that fights to keep the right to bear arms.” “…a federal government that protected the privacy rights of every American.” “…repealing every word of Common Core.” “…embracing school choice as the civil rights issue of the next generation.” “…a president who stands unapologetically with the nation of Israel.” “…a president who says I will honor the Constitution and under no circumstances will Iran be allowed to acquire a nuclear weapon.” “…a president who says we will stand up and defeat radical Islamic terrorism.” “…it’s 1775.” “…it’s 1777.” “…it’s 1943.” “…it’s 1979.”
Drawing on a stump speech he has developed in recent months, Mr. Cruz struck a tone of defiance and appealed to conservatives to “imagine a president” who would repeal the Affordable Care Act, abolish the Internal Revenue Service, secure the border and forbid same-sex marriage.

His criticism of President Obama also extended to foreign policy, where he denounced the administration’s positions on Israel, Iran’s nuclear program and Islamic extremism.

Related Coverage Mr. Cruz made his case to a gathering of conservative activists at an annual gathering in February. Ted Cruz’s Path to the Presidency MARCH 23, 2015 Senator Ted Cruz brought his daughters, Catherine, 4, right, and Caroline, 6, on stage at Liberty University on Sunday during a walk-through for his speech Monday, when he will start his presidential campaign. Road to 2016: Why Ted Cruz Is Such a Long Sho tMARCH 23, 2015 Senator Ted Cruz at a rehearsal on Sunday for his formal campaign announcement at Liberty University in Lynchburg, Va. Things You May Not Know About Ted Cruz MARCH 23, 2015 Senator Ted Cruz is the first Republican to officially enter the presidential race. Ted Cruz Hopes Early Campaign Entry Will Focus Voters’ Attention

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Transcript: Read Full Text of Sen. Ted Cruz’s Campaign Launch

Cruz served as a law clerk to J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit in 1995[8][11] and William Rehnquist, Chief Justice of the United States in 1996.[7] Cruz was the first Hispanic to clerk for a Chief Justice of the United States.[46]

Private practice

After Cruz finished his clerkships, he took a position with Cooper, Carvin & Rosenthal, which is now known as Cooper & Kirk, LLC, from 1997 to 1998.[47] While with the firm, Cruz worked on matters relating to the National Rifle Association, and helped prepare testimony for the impeachment proceedings against President Clinton.[48] Cruz also served as private counsel for CongressmanJohn Boehner during Boehner’s lawsuit against Congressman Jim McDermott for releasing a tape recording of a Boehner telephone conversation.[49]

Bush Administration

Cruz joined the George W. Bush presidential campaign in 1999 as a domestic policy adviser, advising then-Governor George W. Bush on a wide range of policy and legal matters, including civil justice, criminal justice, constitutional law, immigration, and government reform.[47]

Cruz assisted in assembling the Bush legal team, devise strategy, and draft pleadings for filing with the Supreme Court of Floridaand U.S. Supreme Court, the specific case being Bush v. Gore, during the 2000 Florida presidential recounts, leading to two successful decisions for the Bush team.[11][50] Cruz recruited future Chief Justice John Roberts and noted attorney Mike Carvin to the Bush legal team.[48]

After President Bush took office, Cruz served as an associate deputy attorney general in the U.S. Justice Department[7][50] and as the director of policy planning at the U.S. Federal Trade Commission.[7][21][50]

Texas Solicitor General

Appointed to the office of Solicitor General of Texas by Texas Attorney General Greg Abbott,[8][51] Cruz served in that position from 2003 to 2008.[29][11] The office had been established in 1999 to handle appeals involving the state, but Abbott hired Cruz with the idea that Cruz would take a “leadership role in the United States in articulating a vision of strict construction.” As Solicitor General, Cruz would argue before the Supreme Court nine times, winning five cases and losing four.[48]

Cruz has authored 70 United States Supreme Court briefs and presented 43 oral arguments, including nine before the United States Supreme Court.[8][21][32] Cruz’s record of having argued before the Supreme Court nine times is more than any practicing lawyer in Texas or any current member of Congress.[52] Cruz has commented on his nine cases in front of the U.S. Supreme Court: “We ended up year after year arguing some of the biggest cases in the country. There was a degree of serendipity in that, but there was also a concerted effort to seek out and lead conservative fights.”[52]

In the landmark case of District of Columbia v. Heller, Cruz drafted the amicus brief signed by attorneys general of 31 states, which said that the D.C. handgun ban should be struck down as infringing upon the Second Amendment right to keep and bear arms.[32][53] Cruz also presented oral argument for the amici states in the companion case to Heller before the United States Court of Appeals for the District of Columbia Circuit.[32][54]

In addition to his success in Heller, Cruz has successfully defended the constitutionality of the Ten Commandments monument on the Texas State Capitol grounds before the Fifth Circuit and the U.S. Supreme Court, winning 5-4 in Van Orden v. Perry.[21][32][11]

In 2004, Cruz was involved in the high-profile case, Elk Grove Unified School District v. Newdow,[21][11] in which Cruz wrote a U.S. Supreme Court brief on behalf of all 50 states.[55] The Supreme Court upheld the position of Cruz’s brief.

Cruz served as lead counsel for the state and successfully defended the multiple litigation challenges to the 2003 Texas congressional redistricting plan in state and federal district courts and before the U.S. Supreme Court, which was decided 5-4 in his favor in League of United Latin American Citizens v. Perry.[11][56]

Cruz also successfully defended, in Medellin v. Texas, the State of Texas against an attempt to re-open the cases of 51 Mexican nationals, all of whom were convicted of murder in the United States and were on death row.[8][21][32][11] With the support of the George W. Bush Administration, the petitioners argued that the United States had violated the Vienna Convention on Consular Relations by failing to notify the convicted nationals of their opportunity to receive legal aid from the Mexican consulate.[57][48] They based their case on a decision of the International Court of Justice in the Avena case which ruled that failing to allow access to the Mexican consulate, the US had breached its obligations under the Convention.[58] Texas won the case in a 6-3 decision, the Supreme Court held that ICJ decisions were not binding in domestic law and that the President had no power to enforce them.[57][48]

Cruz has been named by American Lawyer magazine as one of the 50 Best Litigators under 45 in America,[51][59] by The National Law Journal as one of the 50 Most Influential Minority Lawyers in America,[60][61] and by Texas Lawyer as one of the 25 Greatest Texas Lawyers of the Past Quarter Century.[62][63]

Private practice

After leaving the Solicitor General position in 2008, he worked in a private law firm in Houston, Morgan, Lewis & Bockius LLP, often representing corporate clients, until he was sworn in a U.S. Senator from Texas in 2013.[35][11][64] At Morgan Lewis, he led the firm’s U.S. Supreme Court and national appellate litigation practice.[64]

In 2009-2010, while working for Morgan Lewis, Cruz formed and then abandoned a bid for state attorney general when the incumbent Attorney General Greg Abbott, who hired Cruz as Solicitor General, decided to run for re-election.[20]

U.S. Senate

2012 election

Cruz speaking to the Values Voters Summit in October 2011

Cruz’s election has been described by the Washington Post as “the biggest upset of 2012 . . . a true grassroots victory against very long odds.”[65] On January 19, 2011, after U.S. Senator Kay Bailey Hutchison said she would not seek reelection, Cruz announced his candidacy via a blogger conference call.[14] In the Republican senatorial primary, Cruz ran against sitting Lieutenant Governor David Dewhurst. Cruz was endorsed first by former Alaska Governor Sarah Palin and then by the Club for Growth, a fiscally conservative political action committee;[66] Erick Erickson, editor of prominent conservative blog RedState;[67] the FreedomWorks for America super PAC;[68] nationally syndicated radio host Mark Levin;[69] former Attorney General Edwin Meese;[50] Tea Party Express;[70] Young Conservatives of Texas;[71] and U.S. Senators Tom Coburn,[72] Jim DeMint,[73] Mike Lee,[74] Rand Paul[75] and Pat Toomey.[76] He was also endorsed by former Alaska Governor Sarah Palin[77] and former Texas Congressman Ron Paul,[78] George P. Bush,[50] and former U.S. Senator from Pennsylvania Rick Santorum.[79]

Cruz won the runoff for the Republican nomination with a 14-point margin over Dewhurst.[80] In the November 6 general election, Cruz faced Democrat Paul Sadler, an attorney and a former state representative from Henderson, in east Texas. Cruz won with 4.5 million votes (56.4%) to Sadler’s 3.2 million (40.6%). Two minor candidates garnered the remaining 3% of the vote.[15] According to a poll by Cruz’s pollster Wilson Perkins Allen Opinion Research, taken six weeks after the 2012 general election, Cruz received 40% of the Hispanic vote, vs. 60% for Sandler, outperforming Republican Presidential candidate Mitt Romney with the Hispanic vote by 6 points.[81][82]

After Time magazine reported on a potential violation of ethics rules by failing to publicly disclose his financial relationship with Caribbean Equity Partners Investment Holdings during the 2012 campaign, Cruz called his failure to disclose these connections an inadvertent omission.[83]

Political positions

Cruz is pro-life, with an exception only when a pregnancy endangers the mother’s life.[84][85] Cruz opposes same-sex marriage, stating that he instead supports marriage “between one man and one woman,”[86] but believes that the legality of same-sex marriage should be left to each state to decide.[87] On February 10, 2015, Cruz re-introduced the State Marriage Defense Act.[88]

Cruz is a gun-rights supporter.[89] On March 25, 2013, an announcement was made by Cruz and U.S. Senators Rand Paul and Mike Lee threatening that they would filibuster any legislation that would entail gun control, such as the Manchin-Toomey Amendment, which would require additional background checks on sales at gun shows.[90] On April 17, 2013, Cruz voted against the Manchin-Toomey Amendment.[91] Republicans successfully filibustered the amendment by a vote of 54–46, as 60 votes were needed for cloture.[92]

Cruz has raised concerns that the National Security Agency has not done effective surveillance of potential terrorists while intruding needlessly into the lives of ordinary Americans.[93]

Cruz opposes net neutrality because he argues that the Internet economy has flourished in the United States simply because it has remained largely free from government regulation.[94] He believes regulating the Internet will stifle online innovation and create monopolies.[95] He has expressed support for stripping theFederal Communications Commission (FCC) of its power under Section 706 of the Telecommunications Act of 1996 to ensure net neutrality,[94] and opposes reclassifying internet service providers as common carriers under Title II of the Communications Act of 1934.[96]

Cruz opposes the Marketplace Fairness Act, saying that it would hurt competition by creating additional costs for internet-based businesses.[97]

He was an original co-sponsor of the Keystone XL Pipeline Act, Senate Bill 1 of the 114th Congress.[98] And on January 29, 2015, he voted for its passage.[99] It passed the Senate 62-36, the goal of the bill was to approve the construction of the transnational pipeline.[100] Cruz wants Congress to approve the exportation of U.S. natural gas to World Trade Organization countries.[101]

Cruz opposes the legalization of marijuana, but believes it should be decided at the state level.[102]

Economy

Since being elected, Cruz has spent a great deal of time speaking about what he characterizes as the misguided economic policies of the Obama Administration.[103] Chiding the GOP over its 2012 electoral losses, he stated that “Republicans are and should be the party of the 47 percent” [104] and has also noted that the words “growth and opportunity” ought to be tattooed on every Republican’s hand.[105]

In February 2014, Cruz opposed an unconditional increase in the debt limit.[106] He said that Republican politicians feared the truth and “they wanted to be able to tell what they view as their foolish, gullible constituents back home they didn’t do it.”[107]

Foreign affairs

On foreign policy, Cruz has said that he is “somewhere in between” Rand Paul‘s isolationism and John McCain‘s active interventionism.[108]

In 2004, he criticized Democratic Presidential candidate John Kerry for being “against defending American values, against standing up to our enemies, and, in effect, for appeasing totalitarian despots.” [109] Cruz helped defeat efforts to ratify the Convention on the Rights of Persons with Disabilities, arguing that the treaty infringed on US sovereignty.[48]

In 2013, Cruz stated that America had no “dog in the fight” during the Syrian civil war and stated that America’s armed forces should not serve as “al-Qaeda‘s air force”.[110] In 2014, Cruz criticized the Obama administration: “The president’s foreign policy team utterly missed the threat of ISIS, indeed, was working to arm Syrian rebels that were fighting side by side with ISIS.”, calling ISIS “the face of evil”.[111] Cruz has called for bombing ISIS, but is doubtful that the United States “can tell the good guys from the bad guys” in a plan to arm “moderate” rebels, and the plan to defeat ISIS should not be “laden with impractical contingencies, such as resolving the Syrian civil war.”[112]

In 2014, Cruz spoke at an event held by the watchdog group In Defense of Christians (IDC). Cruz was booed by the group after making statements considered pro-Israel that were viewed by some pundits as intentionally provocative. When the audience refused to stop booing, Cruz eventually left the stage.[113] The resulting controversy expanded beyond Cruz and some commentators believe has resulted in the conservative movement becoming divided between those who sided with Cruz and Israel, and those who sided with Middle Eastern Christians and argued that Cruz’s comments were out-of-bounds.[114] Republican representative Charlie Dent labeled Cruz’s actions “outrageous and incendiary”.[115] Others who criticized Cruz included Mollie Hemingway and Ross Douthat,[116] as well as Scott McConnell, who claimed the controversy was about more than just Cruz, suggesting it is already causing a schism within the conservative movement over issues relating to Israel and Middle Eastern Christians.[117] Matthew Yglesias described the controversy as a “conservative war”.[118] Cruz apologized for questioning the motives of his critics and said that all should be united in speaking out against persecution of religious minorities.[119]

Health care

Cruz is a strong critic of the Patient Protection and Affordable Care Act, which he usually refers to as “Obamacare”. He has sponsored legislation that would repeal the health care reform law and its amendments in the Health Care and Education Reconciliation Act of 2010.

After the launch of the HealthCare.gov website, Cruz stated, “Obamacare is a disaster. You have the well-publicized problems with the website. It just isn’t working.”[120] He called for Health and Human Services Secretary Kathleen Sebelius to resign.[120]

In 2014 Cruz gave majority leader Harry Reid the procedural opening he needed to allow a Senate vote to confirm Vivek Murthy, who had raised concerns about the health effects of gun ownership, to be United States Surgeon General.[121]

In the summer of 2013, Cruz started a “nationwide tour” sponsored by The Heritage Foundation to promote a congressional effort to defund the Patient Protection and Affordable Care Act, arguing that a shutdown of the government would not be a disaster for America or the Republican Party (GOP).[122][123]

On September 24, 2013, Cruz began a speech on the floor of the Senate regarding the Affordable Care Act relative to a continuing resolution designed to fund the government and avert a government shutdown.[124][125] Cruz promised to keep speaking until he was “no longer able to stand”.[126] Cruz yielded the floor at noon the following day for the start of the proceeding legislative session after twenty-one hours nineteen minutes.[127] His speech was the fourth-longest in United States Senate history.[128] Following Cruz’s speech, the Senate voted 100–0 regarding a “procedural hurdle toward passing a stopgap funding bill to avert a government shutdown”.[129] Cruz was joined by 18 Republican senators in his effort to prevent stripping out a clause that would have defunded the Affordable Care by voting against the cloture motion, leaving the effort 21 votes short of the required number to deny cloture.[130]

Cruz is believed to be a major force behind the U.S. government shutdown in 2013.[131][132] Cruz delivered a message on October 11, 2013 to fellow Republicans against accepting Obamacare and, describing it as a “train wreck”, claimed the American people remain “energized” around the goal of gutting the law.[133] Cruz stated Obamacare is causing “enormous harm” to the economy.[133] Republican strategist Mike Murphy stated: “Cruz is trying to start a wave of Salem witch trials in the G.O.P. on the shutdown and Obamacare, and that fear is impacting some people’s calculations on 2016.”[132] Cruz said that he “didn’t threaten to shut down the government” and blamed the shutdown on President Barack Obama and Senate Majority Leader Harry M. Reid.[134]

The Houston Chronicle which had endorsed Cruz in the general election, regretted that he had not lived up to the standard set by the previous U.S. Senator from Texas, Kay Bailey Hutchison.[135][136] After a deal was made to end the shutdown and to extend the debt-ceiling deadline, Senate Republican leader Mitch McConnell called Cruz’s actions “not a smart play” and a “tactical error”,[137] and Cruz stated: “I would do anything, and I will continue to do anything I can, to stop the train wreck that is Obamacare. The test that matters. . . is are we doing anything for all the people that are getting hurt from Obamacare?”[138]

Legislation

Cruz has sponsored 25 bills of his own, including:[139]

  • S.177, a bill to repeal the Patient Protection and Affordable Care Act and the health-care related provisions of the Health Care and Education Reconciliation Act of 2010, introduced January 29, 2013
  • S.505, a bill to prohibit the use of drones to kill citizens of the United States within the United States, introduced March 7, 2013
  • S.729 and S. 730, bills to investigate and prosecute felons and fugitives who illegally purchase firearms, and to prevent criminals from obtaining firearms through straw purchases and trafficking, introduced March 15, 2013
  • S.1336, a bill to permit States to require proof of citizenship for registering to vote in federal elections, introduced July 17, 2013
  • S.2170, a bill to increase coal, natural gas, and crude oil exports, to approve the construction of the Keystone XL Pipeline, to expand oil drilling offshore, onshore, in the National Petroleum Reserve–Alaska, and in Indian reservations, to give states the sole power of regulating hydraulic fracturing, to repeal theRenewable Fuel Standard, to prohibit the Environmental Protection Agency (EPA) from regulating greenhouse gases, to require the EPA to assess how new regulations will affect employment, and to earmark natural resource revenue to paying off the federal government’s debt, introduced March 27, 2014
  • S.2415, a bill to amend the Federal Election Campaign Act of 1971 to eliminate all limits on direct campaign contributions to candidates for public office, introduced June 3, 2014

Senate bill 2195

On April 1, 2014, Cruz introduced Senate bill 2195, a bill that would allow the President of the United States to deny visas to any ambassador to the United Nationswho has been found to have been engaged in espionage activities or a terrorist activity against the United States or its allies and may pose a threat to U.S. national security interests.[140] The bill was written in response to Iran‘s choice of Hamid Aboutalebi as their ambassador.[141] Aboutalebi was involved in the Iran hostage crisis, in which of a number of American diplomats from the US embassy in Tehran were held captive in 1979.[141][142][143]

Under the headline “A bipartisan message to Iran”, Cruz thanked President Barack Obama for signing his bill S 2195 into law. The letter published in the magazinePolitico on April 18, 2014 starts with “Thanks to President Obama for joining a unanimous Congress and signing S 2195 into law”. Cruz also thanked senators from both political parties for “swiftly passing this legislation and sending it to the White House.”[144][145][146]

Committee assignments

Presidential campaign

Senator Cruz speaking at the 2014 Conservative Political Action Conference (CPAC) in National Harbor, Maryland.

Commentators have expressed their opinion that Cruz will run for President in 2016.[147][148][149] On March 14, 2013, Cruz gave the keynote speech at the 2013 Conservative Political Action Conference in Washington DC.[150] He came in tied for 7th place in the 2013 CPAC straw poll on March 16, winning 4% of the votes cast.[151] In October 2013, Cruz won the Values Voter Summit Presidential straw poll with 42% of the vote.[152] Cruz came in first place in the two most recent Presidential straw polls conducted in 2014 with 30.33% of the vote at the Republican Leadership Conference[153] and 43% of the vote at the Republican Party of Texas state convention.[154]

Cruz did speaking events in the summer of 2013 across Iowa, New Hampshire and South Carolina, early primary states, leading to speculation that he was laying the groundwork for a run for President in 2016.[155] Legal analyst Jeffrey Toobindescribes Cruz as the first potential Presidential candidate to emphasize originalism as a major national issue.[48]

Since Cruz was born in Canada, commentators for the Austin American-Statesman[156] and the Los Angeles Times,[157] have speculated about Cruz’s legal status as a natural-born citizen. Because he was a U.S. citizen at birth (his mother was a U.S. citizen who lived in the U.S. for more than 10 years as required by the Nationality Act of 1940), most commentators believe Cruz is eligible to serve as President of the United States.[19][158][159][160]

On April 12, 2014, Cruz spoke at the Freedom Summit, an event organized by Americans for Prosperity, and Citizens United.[161] The event was attended by several potential presidential candidates.[162] In his speech, Cruz mentioned that Latinos, young people and single mothers, are the people most affected by the recession, and that the Republican Party should make outreach efforts to these constituents. He also said that the words “growth and opportunity” should be tattooed on the hands of every Republican politician.[161]

On March 23, 2015, Cruz announced on his Twitter page “I’m running for President and I hope to earn your support!”.[163] He is the first announced major Republican presidential candidate for the 2016 campaign.[164][165]

Awards

Senator Cruz speaking at the 2015Conservative Political Action Conference (CPAC) in National Harbor, Maryland.

Rick Manning of Americans for Limited Government in The Hill, on December 27, 2013, named Cruz “2013 Person of the Year.”[166] Manning stated that “of course, Cruz made his biggest mark when he and fellow freshman Sen. Mike Lee (R-Utah) led a last-ditch national grassroots effort to defund ObamaCare before the law went into effect fully. Imagine how many Senate Democrats wish right now that they had heeded Cruz’s entreaties and agreed to delaying or defunding it for one year. Now, they are stuck with the law and all its consequences.”[166]

Cruz was also named “2013 Man of the Year” by TheBlaze,[167] FrontPage Magazine[168] and The American Spectator,[169]“2013 Conservative of the Year” by Townhall.com,[170] “2013 Statesman of the Year” by the Republican Party of Sarasota County, Florida[171][172] and was a finalist in both “2013 Texan of the Year” by The Dallas Morning News[173] and a “2013 Person of the Year” finalist by Time.[174]

Personal life

Cruz and his wife, Heidi Cruz (née Nelson), have two daughters. Cruz met his wife while working on the George W. Bush presidential campaign of 2000. Cruz’s wife is currently head of the Southwest Region in the Investment Management Division of Goldman, Sachs & Co. and previously worked in the White House forCondoleezza Rice and in New York as an investment banker.[175]

When he was a child, Cruz’s mother told him that she would have to make an affirmative act to claim Canadian citizenship for him, so his family assumed that he did not hold Canadian citizenship.[176] In August 2013, after the Dallas Morning News pointed out that Cruz had dual Canadian-American citizenship,[160] he applied to formally renounce his Canadian citizenship and ceased being a citizen of Canada, on May 14, 2014.[176][177]

Electoral history

2012 Republican primary
Republican primary results, May 29, 2012[15]
Party Candidate Votes %
Republican David Dewhurst 624,170 44.6
Republican Ted Cruz 479,079 34.2
Republican Tom Leppert 186,675 13.3
Republican Craig James 50,211 3.6
Republican Glenn Addison 22,888 1.6
Republican Lela Pittenger 18,028 1.3
Republican Ben Gambini 7,193 0.5
Republican Curt Cleaver 6,649 0.5
Republican Joe Argis 4,558 0.3
Total votes 1,399,451 100
2012 Republican primary runoff
Republican runoff results, July 31, 2012[15]
Party Candidate Votes %
Republican Ted Cruz 631,316 56.8
Republican David Dewhurst 480,165 43.2
Total votes 1,111,481 100
2012 General Election
General Election, November 6, 2012[15]
Party Candidate Votes %
Republican Ted Cruz 4,469,843 56.45
Democratic Paul Sadler 3,194,927 40.62
Libertarian John Jay Myers 162,354 2.06
Green David Collins 67,404 0.85
Total votes 7,864,822 100

See also

http://en.wikipedia.org/wiki/Ted_Cruz

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Conservative Political Action Committee (CPAC) 2015 — Videos

Posted on March 12, 2015. Filed under: American History, Blogroll, Communications, Culture, Faith, Family, Foreign Policy, Freedom, Friends, government, government spending, Health Care, history, Illegal, Immigration, Inflation, Investments, Language, Law, Legal, liberty, Life, Literacy, media, Money, Obamacare, People, Philosophy, Photos, Politics, Press, Private Sector, Public Sector, Radio, Rants, Raves, Strategy, Talk Radio, Taxes, Unions, Video, War, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , |

Rand Paul CPAC 2015 Full Speech

Ted Cruz CPAC 2015 Ted Cruz BLASTS Hillary, Takes Questions from Hannity at CPAC 2015

CPAC 2015 Scott Walker Full Speech

Governor Rick Perry CPAC 2015

Governor Bobby Jindal, (LA) CPAC 2015

Carly Fiorina CPAC 2015 Full Speech Bashes Hillary in CPAC Speech

Ambassador John Bolton, American Enterprise Institute CPAC 2015

Donald Trump, The Trump Organization CPAC 2015

Wayne LaPierre, National Rifle Association CPAC 2015

Mark Levin CPAC 2015

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