Napolitano: Our Secretive, Witch-Hunting Government

Photo Credit: infomatique

Photo Credit: infomatique

While the nation’s political class has been fixated on a government shutdown in Washington this week, the NSA has continued to spy on all Americans and by its ambiguity and shrewd silence seems to be acknowledging slowly that the scope of its spying is truly breathtaking.

The Obama administration is of the view that the NSA can spy on anyone anywhere. The president believes that federal statutes enable the secret FISA Court to authorize the NSA to capture any information it desires about any persons without identifying the persons and without a showing of probable cause of criminal behavior on the part of the persons to be spied upon. This is the same mindset the British government had with respect to the colonists. It, too, believed that British law permitted a judge in secret in Britain to issue general warrants to be executed in the colonies at the whim of British agents.

General warrants do not state the name of the place to be searched or the person or thing to be seized, and they do not have the necessity of individualized probable cause as their linchpin. They simply authorize the bearer to search wherever he wishes for whatever he wants. General warrants were universally condemned by colonial leaders across the ideological spectrum – from those as radical as Sam Adams to those as establishment as George Washington, and from those as individualistic as Thomas Jefferson to those as big-government as Alexander Hamilton. We know from the literature of the times that the whole purpose of the Fourth Amendment – with its requirements of individualized probable cause and specifically identifying the target – is to prohibit general warrants.

And yet, the FISA Court has been issuing general warrants and the NSA executing them since at least 2004.

Last week we learned in a curious colloquy between members of the Senate Select Intelligence Committee and Gen. Keith Alexander and Deputy Attorney General James Cole that it is more likely than not that the FISA Court has permitted the NSA to seize not only telephone, Internet and texting records, but also utility bills, credit card bills, banking records, social media records and digital images of mail, and that there is no upper limit on the number of Americans’ records seized or the nature of those records.

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Drone Crashed, Almost Hit Me, says Manhattan Businessman (+video)

Photo Credit: CNET

Photo Credit: CNET

We soon will live in a world where drones are zipping around us like grasshoppers.

We won’t stop to wonder what they’re doing, because we’ll have long discarded any notions of personal privacy. Perhaps we’ll visit YouTube every night to see whether we’ve appeared in some drone footage that day.

A Manhattan businessman may not be looking forward to the future quite so much. He claims that on Tuesday evening a drone nearly struck him as it crash-landed near Grand Central Station.

As WABC-TV reports, the unnamed businessman said the drone was “helicopterish” in form and weighed around 3 pounds.

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Judge Orders Monitor to be Appointed to Oversee Arizona Sheriff Arpaio

Photo Credit: AP

Photo Credit: AP

A federal judge on Wednesday ordered the appointment of an independent monitor and a community advisory board to ensure that an Arizona sheriff is complying with constitutional requirements after finding his office engages in racial profiling.

U.S. District Judge Murray Snow found in May that the Maricopa County Sheriff’s Office singled out Latinos and deputies unreasonably prolonged detentions.

It was the first finding by a court that the agency covering Arizona’s most populous county engages in racial profiling after a small group of Latinos sued the Arpaio for violating their constitutional rights, saying they were being detained simply because of their race.

Snow had delayed ordering remedies in the case to allow time for both parties to reach agreements, but disputes over key issues prevented consensus.

In his ruling Wednesday, Snow ordered that a monitor be appointed to oversee the agency’s re-training of deputies and ensure the Sheriff’s Office is complying with constitutional requirements. Snow also ordered the creation of a community advisory board aimed at helping restore the public’s confidence, among other remedies.

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Antonin Scalia: Stupidity Doesn’t Make Something Unconstitutional

Photo Credit: AP

Photo Credit: AP

It’s possible for a law to be really stupid, but still constitutional, Supreme Court Justice Antonin Scalia said Wednesday in a lecture at Tufts University.

Scalia’s appearance attracted a couple dozen student protesters outside the venue. Inside, Tufts’ president said school officials had to increase seating capacity twice and even turn down ticket requests from some local law students.

Scalia talked about his approach to interpreting the U.S. Constitution, calling it a legal document and “not an organism.”

The justice also called himself a conservative, saying he’d put more people in jail if it was up to him, just not in violation of that document.

Scalia has served on the nation’s highest court since 1986, following a nomination by President Ronald Reagan.

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‘Is your Girlfriend Still on Fire?’ The Moment 911 Dispatcher Laughed While Responding to a Man’s Emergency Call about Freak Accident (+video)

Photo Credit: KGUN9

Photo Credit: KGUN9

An Arizona man dialed 911 to report that his girlfriend has caught on fire in a freak accident – only to hear peals of laughter on the other end of the line.

Tucson resident Lalo Delgado and his girlfriend were driving to Chiva Falls along a rural road when their car burst into flames, leaving the woman with serious burns.

Delgado called 911 to report an emergency, telling the dispatcher: ‘my car just kinda caught on fire, my girlfriend caught on fire.’

In response, the female operator asked if Delgado’s girlfriend was still on fire.

He answered ‘no,’ and a moment later he heard giggles in the background on the other end of the line.

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Faculty: Sexual Harassment Policy Approved by Feds ‘Orwellian’

Photo Credit: Wikimedia Commons

Photo Credit: Wikimedia Commons

Faculty members expressed alarm at new sexual harassment policies at the University of Montana approved by the Departments of Justice and Education.

Of special concern is a requirement that those professors who fail to complete training are being reported to the federal government.

Faculty members questioned exactly what information the university felt obliged to report to the DOJ and asked how the agency plans to use the information in a letter to University of Montana President Royce Engstrom, the Missoulian reported last week. They also asked what additional information the university would provide to the DOJ if the agency asked follow-up questions.

The Foundation for Individual Rights in Education criticized the new “unconstitutional” policy and the DOJ’s request for a list of faculty names.

“Not only has the federal government approved an unconstitutional speech code, it has demanded a list of the names of faculty members who don’t attend a training session about it,” said FIRE President Greg Lukianoff in a statement.

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Open for Business: Gov’t to Erect $98,670 Outhouse in Alaska

Photo Credit: Romtec

Photo Credit: Romtec

The Federal Bureau of Land Management (BLM) recently paid $98,670 for the purchase and installation of an outhouse at the Swede Park Trail Head in Alaska.

The purchase includes a single-vault Romtec 1011 “Aspen Single” prefabricated waterless toilet and its installation at the parking area for the trail head.

KJ Mushovic of the BLM tells CNSNews.com, “Almost half of it (contract expense) is for the cost of the toilet.”

The Oregon based company Romtec lists the “Aspen Single” model on its website for “as low as $9,999”, but the BLM says the price they paid likely includes shipping to Alaska.

“And the cost of all the materials that will have to be taken to the site, Mushovic said. “There will be earthwork that’ll have to be done.”

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Showdown Expected at WWII Memorial, Arrest Threats

Screen shot 2013-10-02 at 1.06.57 AMAfter a group of veterans “stormed” the barricaded World War II memorial in Washington, D.C. on Tuesday, other WWII veterans groups are planning to visit the same site on Wednesday — which only exists because of their service. Meanwhile, another Honor Flight group in Ohio is claiming that the Park Service threatened to arrest its members if they entered the closed memorial during their planned visit on Oct. 9 (assuming the government is still “shut down”).

Andrea Plunkett, a volunteer with the Kansas City-area Heartland Honor Flight, told TheBlaze the group plans to bring about 90 veterans to the WWII memorial in Washington, D.C. on Wednesday. She said the WWII veterans would arrive at around 11 a.m. with a delegation about about 12 U.S. senators and representatives. The group plans to breach the barricades…

“When we heard the news this morning about the barricades being erected at the memorials, dozens of people started helping us try to find a solution,” she told TheBlaze. “Both Kansas and Missouri officials have been incredibly responsive– we heard back from Senator [Roy] Blunt, [Claire] McCaskill, [Pat] Roberts and [Jerry] Moran’s offices right away. Several members of Congress have been involved as well…”

“Our next flight isn’t until Spring of 2014, and waiting is not an option for many of these vets. Between 600-900 WWII vets die each day, so when it comes to Honor Flights, time is of the essence,” she said. “These veterans can’t wait on the government.”

Lawmakers from Kansas and Missouri plan to be on hand tomorrow to help the veterans gain access.

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Why Weren’t Guns Behaving Violently 100 Years Ago?

Photo Credit: Richard Masoner / Cyclelicious

Photo Credit: Richard Masoner / Cyclelicious

Every time there’s a shooting tragedy, there are more calls for gun control. Let’s examine a few historical facts. By 1910, the National Rifle Association had succeeded in establishing 73 NRA-affiliated high-school rifle clubs. The 1911 second edition of the Boy Scout Handbook made qualification in NRA’s junior marksmanship program a prerequisite for obtaining a BSA merit badge in marksmanship. In 1918, the Winchester Repeating Arms Co. established its own Winchester Junior Rifle Corps. The program grew to 135,000 members by 1925. In New York City, gun clubs were started at Boys, Curtis, Commercial, Manual Training and Stuyvesant high schools. With so many guns in the hands of youngsters, did we see today’s level of youth violence?

What about gun availability? Catalogs and magazines from the 1940s, ’50s and ’60s were full of gun advertisements directed to children and parents. For example, “What Every Parent Should Know When a Boy or Girl Wants a Gun” was published by the National Shooting Sports Foundation. The 1902 Sears mail-order catalog had 35 pages of firearm advertisements. People just sent in their money, and a firearm was shipped. For most of our history, a person could simply walk into a hardware store, virtually anywhere in our country, and buy a gun. Few states bothered to have even age restrictions on buying guns.

Those and other historical facts should force us to ask ourselves: Why – at a time in our history when guns were readily available, when a person could just walk into a store or order a gun through the mail, when there were no FBI background checks, no waiting periods, no licensing requirements – was there not the frequency and kind of gun violence that we sometimes see today, when access to guns is more restricted? Guns are guns. If they were capable of behavior, as some people seem to suggest, they should have been doing then what they’re doing now.

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No Signs of Government Shutdown Worries in Stock Markets (+video)

Photo Credit: AP

Photo Credit: AP

Fears about the federal government shutting down appear not to have reached Wall Street.

Stock markets opened higher Tuesday morning after Congress failed to authorize spending overnight. The S&P 500 and Dow Jones Industrial Average gained over the first half of the day, and the Nasdaq composite index also increased by over a percentage point.

To some extent, those gains reflected the fact that markets had already priced in the impact of a shutdown, which was viewed as likely by Monday afternoon when Republicans and Democrats remained far from a deal, if not by the close of business Friday before Congress’ weekend deliberations.

Nevertheless, said Craig Alexander, the chief economist for TD Bank Group, the morning showed “very sanguine movement, so clearly no deep fear in the markets.”

Private-sector economists have said the lapse in government spending could modestly reduce economic output for the quarter, and that a shutdown of longer than a month could start to disrupt the broader economy more significantly as government services were missed.

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