A Newly Released Secret Opinion Shows Surveillance Courts Are Even Worse Than You Knew

Photo Credit: National Review

Photo Credit: National Review

Last week, with little fanfare, the Foreign Intelligence Surveillance Court (FISA) released a previously secret opinion upholding the National Security Agency’s mass surveillance of telephone metadata. The opinion, which deserves more attention than it has received, is a cavalier piece of work. Judge Claire Eagan fails even to consider, let alone to rebut, the strong arguments suggesting that the NSA programs violates both the U.S. Constitution and section 215 of the Patriot Act, the statutory provision the government has invoked to authorize it. The Electronic Privacy Information Center (EPIC) has asked the Supreme Court to conduct an independent review of the legality of the NSA surveillance program, and Justice Antonin Scalia said yesterday that he expects the Court to eventually hear a version of the case. But because the Court may be unlikely, for technical reasons, to rule squarely on the merits, congressional reform of the FISA court is now more urgent than ever.

At a recent panel on the EPIC challenge, James Bamford, the leading chronicler of the NSA, reviewed the sorry history of the telephone metadata surveillance program that the FISA court failed even to discuss or acknowledge. The FISA Court was created in 1978 after Frank Church, head of the Church Committee, worried that technological surveillance capabilities in the hands of the government could “make tyranny total in America.” The secret court was a compromise between Democrats, who wanted the NSA to obtain warrants for surveillance in regular federal courts, and Republicans, who wanted few restrictions on surveillance. The compromise worked adequately for 30 years. But in 2001, the Bush administration, having decided that the FISA court wasn’t trustworthy enough, created a mass surveillance program of Internet and telephone called Stellar Wind that bypassed the FISA judges and only notified the Chief Judge of the Court.

One of the documents released by Edward Snowden was the NSA Inspector General’s report on Stellar Wind. Before the Snowden leak, many believed that James Comey, then deputy attorney general and now the director of the FBI, was a hero because, in 2004, he concluded that one component of Stellar Wind was illegal. This prompted White House Counsel Alberto Gonzalez to rush to the hospital bed of an ailing Attorney General, John Ashcroft, who also refused to authorize the program. But as Bamford noted, we know from Snowden’s disclosures that when Comey and Ashcroft refused to sign off, NSA director Michael Hayden, under White House pressure, decided to continue the Internet and telephone eavesdropping program anyway. Eventually, in 2011, the Obama NSA shut down the Internet metadata surveillance program, concluding that it couldn’t be authorized under existing law. But it continued to collect telephone metadata, legalistically justifying it under the “business records” provision of the U.S.A. Patriot Act.

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Catholic Bishop on Obamacare Rule: ‘We Cannot–We Will Not–Comply With This Unjust Law’

Photo Credit: CNS News

Photo Credit: CNS News

As many Americans start to enroll in the Obamacare health insurance exchanges on Oct. 1, the position of Bishop Paul S. Loverde, head of the Catholic diocese of Arlington, Va., on the law’s mandate that nearly all health insurance plans include contraception, sterilizations, and abortifacient drugs without co-pays has not changed and is clear: “We cannot – we will not – comply with this unjust law.”

Bishop Loverde made that statement in a joint letter with Bishop Francis X. DiLorenzo of the Richmond Diocese to the Catholics of Virginia – some 700,000 of them — on Jan. 30, 2012. Bishop Loverde’s office confirmed this week that, given the mandate has not been changed or rescinded, the bishops’ position has not changed.

Back in March 2012, the U.S. Conference of Catholic Bishops (USCCB) described the Obamacare rule as an “unjust and illegal mandate” that violates religious freedom under the First Amendment, and noted that it affects employers and nearly all individuals — a “violation of personal civil rights.”

On the mandate, issued by the Department of Health and Human Services (HHS), “almost all employers, including Catholic employers, will be forced to offer their employees’ health coverage that includes sterilization, abortion-inducing drugs and contraception,” explained Bp. Loverde in the letter. “Almost all health insurers will be forced to include those ‘services’ in the health policies they write. And almost all individuals will be forced to buy that coverage as a part of their policies.”

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Democrat Sen. Manchin Breaks Ranks to Back Individual-Mandate Delay

Photo Credit: AP

Photo Credit: AP

Sen. Joe Manchin of West Virginia broke ranks with fellow Democrats and said he’d support a stopgap spending plan that delays the individual-mandate in President Barack Obama’s health-care law.

“There’s no way I could not vote for it,” Manchin said at a Bloomberg Government breakfast today. “It’s very reasonable and sensible.”

The individual mandate is the linchpin of the law that requires most Americans to purchase health care through government-run insurance exchanges. Republicans, led by a group of newcomers in the House, are pushing to dismantle the health- care law and are using a ticking clock on a possible Oct. 1 government shutdown as leverage.

The Democratic-led Senate will vote in coming days on the stopgap spending plan and before sending it back to the House will remove language that defunds Obamacare. Obama and House Majority Leader Harry Reid, a Democrat, have said they won’t support using the budget to change the health law.

Read more from this story HERE.

Air Force’s New F-16 Drone Makes Debut in Air

Photo Credit: AP

Photo Credit: AP

The U.S. Air Force and Boeing have sent their first unmanned F-16 jet plane into the air — a drone craft test that promises to change the shape of battlefield missions in years to come.

“Now we have a mission-capable, highly sustainable, full-scaled aerial target to take us into the future,” said Lt. Col. Ryan Inman, in Sky News.

The unmanned plane was test-flown by two pilots at a ground control station at Tyndall Air Force Base in Florida, The New York Post reported.

Read more from this story HERE.

‘If Gays Don’t Like It, they Can Choose Another Pasta’: Barilla Pasta Faces Global Boycott after Chairman Says Brand Would Never Feature a Homosexual Family in Its Ads

Photo Credit: Daily Mail

Photo Credit: Daily Mail

Campaigners have called for a boycott of Barilla, the world’s biggest pasta maker, after the company said they would never feature gay people in their advertisements.

Company chairman Guido Barilla provoked outrage when he said that his idea of the ‘traditional families’ where the woman played a central part was ‘sacred’.

If gay people didn’t like it they could eat another brand of pasta, he said.

He said: ‘I would never do a commercial with a homosexual family, not for lack of respect, but because I don’t think we are like them.

‘Ours is a traditional family where the woman has a fundamental role.‘

Read more from this story HERE.

Rapist Teacher Whose Victim, 14, Killed Herself is Released from Prison After Just 30 Days

Photo Credit: AP

Photo Credit: AP

Prison officials have today released former high school teacher Stacey Rambold, 54, the man sentenced to just 30-days behind bars even after admitting raping a 14-year-old girl.

His lenient punishment for the 2007 rape of Cherice Moralez, who killed herself three-years later, was handed down to him by District Judge Todd Baugh and the comments made by Baugh about Moralez sparked national outrage.

Rambold, who was 48 when he committed the crimes in 2007, left the Montana State Prison in Deer Lodge at around 9.30am local time.

State prosecutors are appealing the sentence, saying Rambold should have received a minimum of two years. But barring new offenses, the former teacher has served his time and will stay out of prison pending the appeal.

Rambold was picked up at the prison by a family member and was expected to return to Billings, prison spokeswoman Linda Moodry said. He has been registered as a level 1 sex offender – meaning he’s considered a low risk to re-offend- and will remain on probation through 2028 unless the original sentence is overruled.

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Timber Industry Suffers as Loggers Blame Federal Regs for Lost Jobs

Photo Credit: Fox

Photo Credit: Fox

The Rough and Ready Sawmill was an institution in southern Oregon for 91 years. Its lumber helped fuel the post-World War II building boom and settle the rural West. Now, it sits empty, the last of 22 mills in Josephine County to shut down for good, signaling the end of an era.

For Ivan Cross, it’s the end of the only job he’s ever had.

“I haven’t drawn an unemployment check in 43-and-a-half years,” said Cross. “Now, that’s what I do for a living.”

While Rough and Ready sits in the middle of America’s richest timber country, the federal government owns 80 percent of the land. Many in these decimated small towns blame The Endangered Species Act, which paved the way for a flood of lawsuits blocking federal timber sales, because of an endangered species in the region.

“You just can’t run a business, no matter how you adapt, if you don’t have the raw materials and the log supply to run that business,” said Link Phillippi, owner of Rough and Ready.

Read more from this story HERE.

Google Must Face Most Claims in Gmail Wiretap Lawsuit

photo credit: brionv

photo credit: brionv

Google Inc. (GOOG) must face most claims in a lawsuit alleging it illegally reads and mines the content of private messages sent through its Gmail e-mail service in violation of federal wiretap laws.

U.S. District Judge Lucy H. Koh in San Jose, California, today granted Google’s request to throw out state claims, while allowing the plaintiffs to refile. She refused to dismiss federal claims, rejecting the company’s argument that the plaintiffs agreed to let Google intercept and read their e-mails by accepting its service terms and privacy policies.

“The court finds that it cannot conclude that any party — Gmail users or non-Gmail users — has consented to Google’s reading of e-mail for the purposes of creating user profiles or providing targeted advertising,” Koh said in the ruling.

Users of Gmail and other e-mail services from states including Texas, Pennsylvania, Maryland and Florida contend that Google “does not disclose the extent of its processing,” according to a May 16 court filing. The case consolidates seven individual and group lawsuits.

“We’re disappointed in this decision and are considering our options,” Google said in an e-mailed statement. “Automated scanning lets us provide Gmail users with security and spam protection, as well as great features like Priority Inbox.”

Read more from this story HERE.

NRA Blasting Obama Admin for Signing UN Arms Trade Treaty (+video)

Photo Credit: AP

Photo Credit: AP

On September 25, Secretary of State John Kerry signed the UN’s Arms Trade Treaty (ATT). The NRA described the action as another clear example of the Obama administration’s “contempt for our fundamental, individual Right to Keep and Bear Arms.”

According to the NRA: “This treaty threatens individual firearm ownership with an invasive registration scheme [and is full of regulations and requirements that are] blatant attacks on the constitutional rights of every law-abiding American.”

The NRA warns that the ATT “urges record keeping of end users, directing importing countries to provide information to an exporting country regarding arms transfers, including ‘end use or end user documentation’ for a ‘minimum of ten years.'” This information on end users is a de-facto registry and one that could be “made available to foreign governments.” Read more from this story HERE.

Listen as Rep. Mike Kelly, Rep. Jim Bridenstine and their colleagues explain the extreme dangers of what the Obama Administration has done with the ATT:

Ted Cruz Might Just Have Won the Future for the GOP

Photo Credit: The Washington Post

Photo Credit: The Washington Post

Make no mistake about it: the “extended speech” by Sen. Ted Cruz (R-TX) had absolutely nothing to do with defunding the Affordable Care Act—or even delaying it for one go*da** day.

As the long list of Senate Republicans who declined to back a full-blown, fill-your-hands-you-son-of-a-bitch filibuster over Obamacare could tell you, it’s a done deal that the president’s consistently unpopular health-care law is going forward even if the government shuts down. Come next week, the enrollment period is going to start, and come January 1, 2014, the plan will kick into gear despite every reason to believe it will be a clusterfudge of epic proportions.

So what exactly was Cruz doing up there, hogging the limelight on C-SPAN’s low-wattage webstream for a couple of hours, if he wasn’t serious about stopping Obamacare? He was playing his part in a pretty goddamned brilliant strategy to win the future not for himself but for the Republican Party.

Cruz and his fellow Sen. Rand Paul (R-KY) are the best-known of the gaggle of legislators that Sen. John McCain (R-AZ) denounced as “wacko birds” earlier this year. “It’s always the wacko birds on right and left that get the media megaphone,” sputtered McCain in the wake of Paul’s immensely popular and influential filibuster, which called much-needed attention to the Obama administration’s glib attitude toward civil liberties and executive branch overreach.

Read more from this story HERE.