Monday, August 5, 2013

Current Events - August 5, 2013

Obamanomics is creating a generation of dependency

It’s hard to imagine any sort of culture of independence and solid work ethics when you have to live with your parents until you’re 30.

Via IBD, emphasis mine:
We keep hearing the job market is “improving” or even “solid,” with 162,000 new positions created in July and unemployment falling to 7.4%, the lowest since 2008.
But one group is sitting it out. And it’s the one that most enthusiastically embraced Barack Obama in both of his presidential elections: America’s young.
Their unemployment rate is a shocking 16.1%. Increasingly, those ages 18 to 29, the so-called millennials, are being left out of the market, with tenuous or no ties to the workplace. Just 43.6% of this group have full-time jobs, according to Gallup.
So what are they doing? As a new Pew Research report shows, many are just hanging around their parents’ houses; 21.1 million young Americans live with their folks, more than ever.
Over at Power Line blog, Joe Malchow crunched some not-very-pretty numbers on youth labor-force participation. Participation among 18-to-19-year-olds has declined 11.3% since Obama took office. For those ages 20 to 24, it has dropped 3.4%.
These are the biggest declines for any age cohort. And if they aren’t bad enough, teen unemployment among blacks is an unbelievable 41%.
 This was a key point made during the 2012 election by Republican VP nominee Paul Ryan. But apparently Americans hadn’t learned their lesson yet.  Do you think we ever will?

http://www.theblaze.com/blog/2013/08/05/obamanomics-is-creating-a-generation-of-dependency/

Part-time jobs account for 97% of 2013 job growth

Being on vacation last week meant that I missed the jobs report for July, which turned out to be as unremarkable as most of those in the four-plus years of the so-called economic recovery.  The media reports I did catch while on the cruise focused mainly on the fact that the jobs added in July missed the expectations of analysts, and not on the fact that adding only 162,000 jobs meant another extension of stagnation, as the US economy needs ~150,000 jobs added each month just to tread water, thanks to population growth.  That’s not even a decent maintenance number, let alone the kind of job growth needed to put the chronically unemployed back to work.

The media reports also missed another trend in job reports, one caught by a former chief of the Bureau of Labor Statistics and reported by McClatchy’s Kevin Hall this morning.  Almost all of the job growth this year came in part-time work — and when we say “almost all,” we mean 97% of it:
The unemployment rate is measured by the separate Household Survey, and it fell two-tenths of a percentage point to 7.4 percent, its lowest level since December 2008. That’s due in part to slow growth in the labor force. The jobless rate is based on a sample of self-reporting from ordinary people across the nation, and it’s the Labor Department measure that shows a very troubling trend in hiring.
“Over the last six months, of the net job creation, 97 percent of that is part-time work,” said Keith Hall, a senior researcher at George Mason University’s Mercatus Center. “That is really remarkable.”
Hall is no ordinary academic. He ran the Bureau of Labor Statistics, the agency that puts out the monthly jobs report, from 2008 to 2012. Over the past six months, he said, the Household Survey shows 963,000 more people reporting that they were employed, and 936,000 of them reported they’re in part-time jobs.
“That is a really high number for a six-month period,” Hall said. “I’m not sure that has ever happened over six months before.”
And Hall says there has to be something driving that kind of trend, and thinks he knows what it is:
“There is something going on if such a large share of the hiring is part time,” Hall said. …
Hall speculated that the implementation of the Affordable Care Act, shorthanded as Obamacare, might be resulting in employers shifting workers to part-time status to avoid coming health care obligations.
“There’s been so much talk about the effects of Obamacare on part-time work,” he said. “This is such an unusual thing to see.”
Forbes’ Chris Conover wrote about this trend last week, before the BLS published the July jobs report:
Denialism may be too strong a term.[1] But there seem to be a lot of people arguing that Obamacare has little or nothing to do with the rise in part-time employment. Some deny the rise is even happening, while others are content to deny that Obamacare is the culprit. Admittedly, it takes a little detective work, but if we systematically review the available empirical evidence in an even-handed fashion, the conclusion seems inescapable: Obamacare is accelerating a disturbing trend towards “a nation of part-timers.” This is not good news for America. …
Ratio of New PT Workers to New FT Workers Explodes in 2013. For the most part, an examination of metrics measured in millions (e.g., involuntary PT workers or total PT workers) masks what is really going on. A much better sense is given by comparing the changes in PT employment to the changes in FT employment. Because the monthly Current Population Survey are so volatile, it is easier to see what is going on by calculating an average monthly figure for each calendar year to get a sense of whether the number of PT or FT is rising or falling. We only have six months of data for 2013, but this method allows us to compare the average monthly count for the year to date with the average monthly count from prior years on an apples-to-apples basis. We can then calculate the ratio of new PT workers in an average month to new FT workers in an average month. Obviously this ratio will turn negative in years that either FT or PT workers have declined on average. So over the past decade, there’s only 4 other years with which to compare the 2013 experience.
forbes-pt-ft
What should immediately be obvious to even someone without a shred of statistical training is how deviant the 2013 experience is compared to the past. For every new FT job added to the economy, there were 4.3 PT jobs added! In most (non-negative) years, the ratio is the reverse: that is, there are typically 5 FT jobs added for every new PT job. Even in 2004—the year with the second-highest ratio during this time-frame–there were 2 FT jobs for every PT job, yielding a ratio of 0.5.  Even if growth in PT vs. FT workers reverted to its historic pattern for the balance of 2013, the year’s average monthly ratio still would be four times as large as the 2nd highest ratio from 2004.
The July report only confirms that trend.  Only 92,000 full-time jobs were created, while 172,000 part-time jobs got filled (not net numbers).   The only major influence in 2013 that differs from the preceding three years of the recovery is the impending ObamaCare mandate on employers, which the Obama administration will try to postpone for a year.  The data shows that businesses have already begun to react by minimizing their risk and costs through part-time employment, thanks to the perverse incentives set up by the ACA, and that this will continue as long as the mandate exists.

Maybe that’s why it’s so difficult to find ObamaCare defenders these days — at least unpaid ones.  OFA tried to stage a rally in Centreville, Virginia yesterday, but only one person bothered to attend, and even the organizer took a powder after less than a half-hour on the job:
That means gatherings like today’s in Centreville — although the slow start here is probably not what OFA organizers had in mind. After a scheduling snafu over the start time, a few people showed up and left before it actually started. Just one volunteer stayed to help work the phone bank for the health law, and the event’s organizer bolted after 20 minutes — although he was bound for another Obamacare event, a house party.
Another part-time worker, eh?

http://hotair.com/archives/2013/08/05/part-time-jobs-account-for-97-of-2013-job-growth/ 

The Voices of Fort Hood

There was the cry of "Allahu Akbar," a gun fired, mayhem all around, with the end result of thirteen dead and thirty wounded at an Army base in Fort Hood, Texas on November 5th, 2009. The culprit is not just any terrorist but a major in the U.S. Army, Nidal Malik Hassan. He was an officer sworn to protect, a psychiatrist sworn to help, and an American, sworn to the Constitution. American Thinker interviewed victims, their families, and someone who was a college classmate of Hassan.

David Wellington in his latest book, Chimera, wrote that those serving in the military need a good officer who "learns to respect them, their hard work, their sacrifice... and he comes to love them. But he can't ever forget he's responsible for them." Hassan had none of these attributes. There were warning signs from his college days at the University of the Health Sciences in Maryland. A college classmate who knew him in 2007 said at that time Hassan had radical beliefs. "Hassan was a Muslim first, held to Sharia Law before the Constitution, believed he had a duty to fellow Muslims before Americans, and justified suicide bombings. I had an Environmental class with him where he did a presentation against the War on Terror, and in support of suicide bombings in the name of Islam. This was so completely off topic that a bunch of us complained to the professor who did nothing because of political correctness."
Was Hassan suspended or thrown out of the Army? No, he was promoted. But there were other warning signs including his contact through eighteen emails with Anwar al-Awlaki, where he referred to the U.S. as the aggressor against Muslims. The FBI dropped the ball and handed it off to the Army, which never considered his radicalization as a perceived threat, instead writing it all off as an aspect of Hassan's religious beliefs.

Political correctness has dominated developments since the shooting. The Obama Administration outrageously designated the attack as "workplace violence" instead of terrorism. Everyone interviewed agrees with Amber Gadlin, a victim: "The classification of workplace violence is the biggest slap in the face we can get as victims. Had it been classified as a terrorist attack we would be getting more benefits and pay. If we do not change the classification the shooting will be downplayed."

Prominent congressmen are working diligently to try to change this classification. American Thinker interviewed two of them, Congressman Mike McCaul (R-TX), the Chairman of the House Committee on Homeland Security, and Congressman Tom Rooney (R-FLA), a former JAG officer. Congressman McCaul strongly emphasized, "Major Hassan is not the common criminal this administration would like Americans to believe. This administration has gone to great lengths to avoid recognizing this event for what it was, an act of terrorism. Secretary McHugh has made statements implying the DOJ influenced the Army's official designation as workplace violence. We are continuing to put pressure on this administration to change the official designation."

Congressman Rooney agrees and wants Americans to understand, "Rather than admitting that this was part of the terrorist's global war against us, and that it was something that should have been prevented, they paint it as a simple case of 'workplace violence' by a disgruntled employee that happened to occur at a military base. The problem with the administration's state of denial is that it has real consequences. The administration is denying the victims benefits and the Purple Heart because the Army doesn't consider the attack combat-related."

Yet, this administration is bending over backwards for Hassan. The victims are angry that every time he has asked for an extension or appeal it has been given, that it is now going on four years since the shooting. In fact, they feel he is turning the trial into a circus. He does not want to wear his uniform, has said he wants nothing to do with the Army, and his defense is in support of his people, the Taliban. Yet, he has collected according to Congressman Frank Wolf (R-VA) close to $300,000 in taxpayer dollars since being charged in the Fort Hood shootings. Kathy Stainaker, a victim's family member, sarcastically emphasized, "It is okay that he still receives Army pay and benefits but does not have to follow Army rules, including being allowed to wear a beard. He never had it until right before the trial started last August. He does not seem to be having a problem accepting a salary from the Army. He is constantly using delay tactics." In fact, Congressman Rooney recently sponsored a bill to suspend Hassan's pay citing, "Our bill is simple, if you're awaiting trial for a serious crime, you can't collect a salary from the American taxpayer."

The victims and their families want Americans to understand that there are faces to this incident. It is very easy to forget there were real people involved and that there is a person behind the statistic. Because of this, American Thinker asked a few to discuss that horrible day.

Shawn Manning was going on his third deployment as part of a combat mental health team. He was at the processing center when Hassan started his premeditated terrorist attack. He was shot in the chest, just above his heart, the arm and the liver. "When I was lying on the ground Hassan shot me another five times to make a total of six times. I cannot believe he was actually in my unit and was going to deploy with me. He violated the oath of any Army officer that is supposed to care for the soldiers under them. I still have bullets in my spine and thigh, have emotions of anger, irritability, and have nightmares. I hope people will go on the website to get information."

Amber Gadlin was waiting for a friend at the processing center. When she heard the words "Allahu Akbar" and the shots ringing out her first impression was that this must be a training drill. "I knew it was not a drill when I saw a laser on the chest of someone sitting across from me. As the shooting continued I dragged and pushed people out the door, but unfortunately tripped and then was shot. I did not know I was shot four times in the back until I tried to sit down in the hospital. Hassan violated the sacred belief that as brothers and sisters we are supposed to trust each other with our life. It's hard for me to trust anyone, which is a big factor as to why I got out. This violation of trust includes my commander-in-chief President Obama, who personally told me at the Fort Hood Memorial Service we would be taken care of."

Michelle Magee Harper, a civilian nurse, one of eight civilians injured, was shot in the neck, back, and both knees. "I cannot sit or stand too long. I suffer from PTSD, nightmares, night sweats, and flashbacks. I have not been back to the site. My life has become a living hell between all the doctors and not being able to work. He was supposed to protect us but now he claims he is one of them, a Taliban. He killed a bunch of innocent people for his own personal beliefs but that is not surprising if you look at the atrocities the Taliban has committed."

Kathy Stainaker's husband Rex was a nurse in the military. He worked on several soldiers while Hassan was still in his shooting spree. Rex has severe chronic PTSD, which was triggered by the shooting, and being forced to deploy to Afghanistan soon afterward. "He was not given any counseling until five days after the shooting. People should remember that Hassan was a psychiatrist who probably treated people like my husband, with PTSD. Can you believe the Army stated that the shooting at Fort Hood was not a stressful situation? I was told 'the Soldier does not have a mental disorder that developed as a result of a highly stressful event that resulted in the Soldier's release from active duty.' Yet, I had to quit work and stay at home to care for Rex."

Gale Hunt is the mother of Specialist Jason Hunt who was killed that day. Jason was shot in the back three times from a short distance. "I consider Hassan an insignificant, glory seeking, crazy person compared to my son who was quiet, funny, kind and witty. I feel the government is negligent for leaving Hassan in a position of authority. Can you imagine him counseling people? He gets to live and my twenty-two year old, at that time, is dead. That is not justice."

Jeri Krueger's daughter Amy was a twenty-nine old Army Staff Sergeant who had joined right after 9/11. "She was very determined to do what she could for her country. She was happy, determined, bright, tenacious, and popular. Just before she died I had spoken with her, and she told me she just finished writing her will. Hassan who used the type of bullet that ripped up her insides shot her three times in her abdomen. I never thought in a million years that she would be shot in an Army base within the U.S. You worry each and every day when they are overseas, but not here."

Eduardo Caraveo Jr. is the eldest son of Major Eduardo Caraveo, the second highest-ranking officer killed. "My dad was shot six times including an injury to his head. My dad came to this country not knowing any English. He bettered himself and eventually received a PhD in psychology. He was intelligent, loving, and a great role model."

What they all want is justice that will include the death penalty. Although they understand that having Hassan dead will not bring back their loved ones or the life they knew before, it will end his manipulation of the system and his ability to act as a spokesman for Jihadi terrorism. As Congressman McCaul concluded, "I used to preside over all the death row appeals for the state of Texas and I saw far less egregious cases than this one that went to the death chamber. I think the death penalty is very much in order for this case," so that Hassan can no longer inflict pain and terrorize the victims and their families.

U.S. directs agents to cover up program used to investigate Americans


A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.

Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin - not only from defense lawyers but also sometimes from prosecutors and judges.

The undated documents show that federal agents are trained to "recreate" the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant's Constitutional right to a fair trial. If defendants don't know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence - information that could reveal entrapment, mistakes or biased witnesses.

"I have never heard of anything like this at all," said Nancy Gertner, a Harvard Law School professor who served as a federal judge from 1994 to 2011. Gertner and other legal experts said the program sounds more troubling than recent disclosures that the National Security Agency has been collecting domestic phone records. The NSA effort is geared toward stopping terrorists; the DEA program targets common criminals, primarily drug dealers.

"It is one thing to create special rules for national security," Gertner said. "Ordinary crime is entirely different. It sounds like they are phonying up investigations."

THE SPECIAL OPERATIONS DIVISION
The unit of the DEA that distributes the information is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. It was created in 1994 to combat Latin American drug cartels and has grown from several dozen employees to several hundred.

Today, much of the SOD's work is classified, and officials asked that its precise location in Virginia not be revealed. The documents reviewed by Reuters are marked "Law Enforcement Sensitive," a government categorization that is meant to keep them confidential.

"Remember that the utilization of SOD cannot be revealed or discussed in any investigative function," a document presented to agents reads. The document specifically directs agents to omit the SOD's involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony. Agents are instructed to then use "normal investigative techniques to recreate the information provided by SOD."

A spokesman with the Department of Justice, which oversees the DEA, declined to comment.

But two senior DEA officials defended the program, and said trying to "recreate" an investigative trail is not only legal but a technique that is used almost daily.

A former federal agent in the northeastern United States who received such tips from SOD described the process. "You'd be told only, ‘Be at a certain truck stop at a certain time and look for a certain vehicle.' And so we'd alert the state police to find an excuse to stop that vehicle, and then have a drug dog search it," the agent said.

"PARALLEL CONSTRUCTION"
After an arrest was made, agents then pretended that their investigation began with the traffic stop, not with the SOD tip, the former agent said. The training document reviewed by Reuters refers to this process as "parallel construction."

The two senior DEA officials, who spoke on behalf of the agency but only on condition of anonymity, said the process is kept secret to protect sources and investigative methods. "Parallel construction is a law enforcement technique we use every day," one official said. "It's decades old, a bedrock concept."

A dozen current or former federal agents interviewed by Reuters confirmed they had used parallel construction during their careers. Most defended the practice; some said they understood why those outside law enforcement might be concerned.

"It's just like laundering money - you work it backwards to make it clean," said Finn Selander, a DEA agent from 1991 to 2008 and now a member of a group called Law Enforcement Against Prohibition, which advocates legalizing and regulating narcotics.

Some defense lawyers and former prosecutors said that using "parallel construction" may be legal to establish probable cause for an arrest. But they said employing the practice as a means of disguising how an investigation began may violate pretrial discovery rules by burying evidence that could prove useful to criminal defendants.

A QUESTION OF CONSTITUTIONALITY
"That's outrageous," said Tampa attorney James Felman, a vice chairman of the criminal justice section of the American Bar Association. "It strikes me as indefensible."

Lawrence Lustberg, a New Jersey defense lawyer, said any systematic government effort to conceal the circumstances under which cases begin "would not only be alarming but pretty blatantly unconstitutional."

Lustberg and others said the government's use of the SOD program skirts established court procedures by which judges privately examine sensitive information, such as an informant's identity or classified evidence, to determine whether the information is relevant to the defense.

"You can't game the system," said former federal prosecutor Henry E. Hockeimer Jr. "You can't create this subterfuge. These are drug crimes, not national security cases. If you don't draw the line here, where do you draw it?"

Some lawyers say there can be legitimate reasons for not revealing sources. Robert Spelke, a former prosecutor who spent seven years as a senior DEA lawyer, said some sources are classified. But he also said there are few reasons why unclassified evidence should be concealed at trial.

"It's a balancing act, and they've doing it this way for years," Spelke said. "Do I think it's a good way to do it? No, because now that I'm a defense lawyer, I see how difficult it is to challenge."

CONCEALING A TIP
One current federal prosecutor learned how agents were using SOD tips after a drug agent misled him, the prosecutor told Reuters. In a Florida drug case he was handling, the prosecutor said, a DEA agent told him the investigation of a U.S. citizen began with a tip from an informant. When the prosecutor pressed for more information, he said, a DEA supervisor intervened and revealed that the tip had actually come through the SOD and from an NSA intercept.

"I was pissed," the prosecutor said. "Lying about where the information came from is a bad start if you're trying to comply with the law because it can lead to all kinds of problems with discovery and candor to the court." The prosecutor never filed charges in the case because he lost confidence in the investigation, he said.

A senior DEA official said he was not aware of the case but said the agent should not have misled the prosecutor. How often such misdirection occurs is unknown, even to the government; the DEA official said the agency does not track what happens with tips after the SOD sends them to agents in the field.

The SOD's role providing information to agents isn't itself a secret. It is briefly mentioned by the DEA in budget documents, albeit without any reference to how that information is used or represented when cases go to court.

The DEA has long publicly touted the SOD's role in multi-jurisdictional and international investigations, connecting agents in separate cities who may be unwittingly investigating the same target and making sure undercover agents don't accidentally try to arrest each other.

SOD'S BIG SUCCESSES
The unit also played a major role in a 2008 DEA sting in Thailand against Russian arms dealer Viktor Bout; he was sentenced in 2011 to 25 years in prison on charges of conspiring to sell weapons to the Colombian rebel group FARC. The SOD also recently coordinated Project Synergy, a crackdown against manufacturers, wholesalers and retailers of synthetic designer drugs that spanned 35 states and resulted in 227 arrests.

Since its inception, the SOD's mandate has expanded to include narco-terrorism, organized crime and gangs. A DEA spokesman declined to comment on the unit's annual budget. A recent LinkedIn posting on the personal page of a senior SOD official estimated it to be $125 million.

Today, the SOD offers at least three services to federal, state and local law enforcement agents: coordinating international investigations such as the Bout case; distributing tips from overseas NSA intercepts, informants, foreign law enforcement partners and domestic wiretaps; and circulating tips from a massive database known as DICE.

The DICE database contains about 1 billion records, the senior DEA officials said. The majority of the records consist of phone log and Internet data gathered legally by the DEA through subpoenas, arrests and search warrants nationwide. Records are kept for about a year and then purged, the DEA officials said.

About 10,000 federal, state and local law enforcement agents have access to the DICE database, records show. They can query it to try to link otherwise disparate clues. Recently, one of the DEA officials said, DICE linked a man who tried to smuggle $100,000 over the U.S. southwest border to a major drug case on the East Coast.

"We use it to connect the dots," the official said.

"AN AMAZING TOOL"
Wiretap tips forwarded by the SOD usually come from foreign governments, U.S. intelligence agencies or court-authorized domestic phone recordings. Because warrantless eavesdropping on Americans is illegal, tips from intelligence agencies are generally not forwarded to the SOD until a caller's citizenship can be verified, according to one senior law enforcement official and one former U.S. military intelligence analyst.
"They do a pretty good job of screening, but it can be a struggle to know for sure whether the person on a wiretap is American," the senior law enforcement official said.

Tips from domestic wiretaps typically occur when agents use information gleaned from a court-ordered wiretap in one case to start a second investigation.

As a practical matter, law enforcement agents said they usually don't worry that SOD's involvement will be exposed in court. That's because most drug-trafficking defendants plead guilty before trial and therefore never request to see the evidence against them. If cases did go to trial, current and former agents said, charges were sometimes dropped to avoid the risk of exposing SOD involvement.

Current and former federal agents said SOD tips aren't always helpful - one estimated their accuracy at 60 percent. But current and former agents said tips have enabled them to catch drug smugglers who might have gotten away.

"It was an amazing tool," said one recently retired federal agent. "Our big fear was that it wouldn't stay secret."

DEA officials said that the SOD process has been reviewed internally. They declined to provide Reuters with a copy of their most recent review.

http://www.reuters.com/article/2013/08/05/us-dea-sod-idUSBRE97409R20130

Secret DEA program funnels intel to local authorities in order to investigate Americans

Just incredible. Sure, they are going after drug dealers - or at least, suspected druge dealers. But the fact that they try to cover up where these investigations originated is absolutely chilling.


Associated Press:

A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.
Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin - not only from defense lawyers but also sometimes from prosecutors and judges.
The undated documents show that federal agents are trained to "recreate" the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant's Constitutional right to a fair trial. If defendants don't know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence - information that could reveal entrapment, mistakes or biased witnesses.
"I have never heard of anything like this at all," said Nancy Gertner, a Harvard Law School professor who served as a federal judge from 1994 to 2011. Gertner and other legal experts said the program sounds more troubling than recent disclosures that the National Security Agency has been collecting domestic phone records. The NSA effort is geared toward stopping terrorists; the DEA program targets common criminals, primarily drug dealers.
"It is one thing to create special rules for national security," Gertner said. "Ordinary crime is entirely different. It sounds like they are phonying up investigations."
The unit of the DEA that distributes the information is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. It was created in 1994 to combat Latin American drug cartels and has grown from several dozen employees to several hundred.
Today, much of the SOD's work is classified, and officials asked that its precise location in Virginia not be revealed. The documents reviewed by Reuters are marked "Law Enforcement Sensitive," a government categorization that is meant to keep them confidential.
"Remember that the utilization of SOD cannot be revealed or discussed in any investigative function," a document presented to agents reads. The document specifically directs agents to omit the SOD's involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony. Agents are instructed to then use "normal investigative techniques to recreate the information provided by SOD."
I'm all for fighting the drug cartels but is this the way to go about it? "Phonying up" investigations? Trying to cover the tracks of agents involved in the program?

I suppose there's a logic to it, but it appears to me that the program skirts the edge of violating due process and the constitutional right of the accused to confront their accuser.
One can imagine how lawyers for drug dealers serving time will now demand information on whether their clients were sucked up into the vortex of these DEA investigations. 

"Recreating" investigative steps already taken by the SOD program would probably constitute manufacturing evidence and you would think that at least some of those convictions would be thrown out.

There's got to be a better way.


Great news: Obama to give Capitol Hill an ObamaCare waiver

As Erika wrote last Friday, the White House has decided to rescue Congress from ObamaCare, but the new plan will cost taxpayers plenty — and ignore the statutes of the bill Barack Obama himself demanded.  New details in the Wall Street Journal of the plan to exempt Congress and its staffers from the consequences of its own law show that the rescue will come in the form of substantial subsidies to cover the skyrocketing cost of lower coverage thanks to the ACA.  And, like the waiver for the employer mandate, it also comes at the expense of statutory law:
President Obama told Democrats in a closed-door meeting last week that he would personally moonlight as HR manager and resolve the issue.
And now the White House is suspending the law to create a double standard. The Office of Personnel Management (OPM) that runs federal benefits will release regulatory details this week, but leaks to the press suggest that Congress will receive extra payments based on the FEHBP defined-contribution formula, which covers about 75% of the cost of the average insurance plan. For 2013, that’s about $4,900 for individuals and $10,000 for families.
How OPM will pull this off is worth watching. Is OPM simply going to cut checks, akin to “cashing out” fringe benefits and increasing wages? Or will OPM cover 75% of the cost of the ObamaCare plan the worker chooses—which could well be costlier than what the feds now contribute via current FEHBP plans? In any case the carve-out for Congress creates a two-tier exchange system, one for the great unwashed and another for the politically connected.
This latest White House night at the improv is also illegal. OPM has no authority to pay for insurance plans that lack FEHBP contracts, nor does the Affordable Care Act permit either exchange contributions or a unilateral bump in congressional pay in return for less overall compensation. Those things require appropriations bills passed by Congress and signed by the President.
Obviously, this isn’t the first time that Obama has solved the Gordian knot it created on Capitol Hill by simply ignoring the law he championed.  The addition of the Congressional mandate was to ensure that the two-tiered system did not get created by politicians unwilling to absorb the consequences they impose on everyone else.  Like it or not, that’s how the ACA became law.  This is nothing more than a political ploy to protect the governing class from the laws it creates, an unconscionable move in any case, and certainly from the administration that both pushed this unpopular law onto the American people and which promised to clean up the way Washington worked.

If Congress was so adamant about getting a waiver, why didn’t they pass the laws necessary to create it? Republicans wanted to use that as a lever for a full repeal, which means that the waiver never would have made it past the House.  Democrats were too embarrassed to publicly appeal for the rescue, for obvious reasons, which is why they went to the White House rather than pass a waiver or exemption in the US Senate, which they control.  Instead of changing the statutes by which the rest of us have to live, Democrats on both ends of Pennsylvania Avenue have simply decided not to apply it to themselves.

That may be a lot of things, but democratic it ain’t.

http://hotair.com/archives/2013/08/05/great-news-obama-to-give-capitol-hill-an-obamacare-waiver/ 

When Government Acts Illegally

Today's lead editorial at The Wall Street Journal ("Congress's ObamaCare Exemption") is a breakthrough in the battle against big, corrupt government. 

Someone in the conservative media has finally summoned the strength to call government's illegal actions "illegal." As the editorial states:

"This latest White House night at the improv is also illegal. OPM has no authority to pay for insurance plans that lack FEHBP contracts, nor does the Affordable Care Act permit either exchange contributions or a unilateral bump in congressional pay in return for less overall compensation. Those things require appropriations bills passed by Congress and signed by the President."

Conservatives seem to have a mental block, some psychological abhorrence to using the "I" word whengovernment breaks the law, which it does every day and in many ways affecting millions of Americans.

We hear about government "overreach" and "lawlessness." Conservatives will write that the Obama administration is undermining the rule of law, or the Constitution. In using those terms, however, we pull our punches and soften the blows.

When President Obama says he won't wait for Congress to act, and has turned his presidency towards an unconstitutional dictatorship, he is acting illegally. Republicans in Congress have yet to mutter the "I" word about Obama's actions. Instead, they pussyfoot around in ways that show weakness if not cowardice in the face of Obama's illegal "transformation" of our republican form of government.

If that is done out of respect for the American institution of the presidency, rather than some lesser motive, then it is actually disrespectful. Our constitutional institutions have been protected by the blood of patriots, and we dishonor them and the Constitution that they fought to defend by being anything less than candid and accurate.

Before the American Revolution, the British Parliament declared that certain acts of the King in contravention of the laws were "illegal." Some 19th century judicial opinions in America used the "I" word in describing actions of government that violated the Constitution.

We conservatives like precedent. There is precedent for calling out government's illegalities.

It is up to conservatives on the outside to change the lexicon. We haven't yet. Conservatives cannot properly address and treat the problem until we admit what it is. When government breaks the law and violates the Constitution, that is 'illegal.'

Government to buy back land for Native Americans

The U.S. government is gearing up to spend nearly $2 billion on 10 million acres of land that will in turn be given back to Native American tribes.

The plan entails buying back reservation land from willing sellers and distributing that land among 150 tribes across the nation, the McClatchy Newspapers reported Sunday.

Congress agreed to the buyback in 2010 to settle a lawsuit.

"We can improve Indian Country if people will go along with this program and sell their interests back to their tribes," Kevin Washburn, the head of the Bureau of Indian Affairs, said in an interview.

Meanwhile, tribe leaders say 45 percent of the land will go to just seven tribes, while other tribes will have to fight over the rest.

"We're all going to be fighting for scraps," said Chief James Allan of Idaho's Coeur d'Alene Tribe
And, many believe that property owners are expected to be reluctant sellers.

"This is a modern day retaking of the land and, given the historical implications of that, they don't want to relive it," said Les Riding-In, assistant dean and director of graduate studies at the University of Texas-Arlington and a member of the Comanche Tribe. "It's reminiscent of how the government took the land back when colonization was happening."
 
Judge Throws Out Suit Against Dodd-Frank

Plaintiffs pledge to challenge district court’s decision

A district court judge in Washington, D.C., threw out Thursday a challenge to the constitutionality of parts of the Dodd-Frank financial reform act. The plaintiffs have pledged to appeal the decision.

The State National Bank of Big Springs, Texas, two advocacy groups, and 11 states sued last year to challenge the constitutionality of several parts of the 2010 Dodd-Frank Act, which overhauled the financial industry.

Judge Ellen Segal Huvelle, who sits on the U.S. District Court for the District of Columbia, ruled that the plaintiffs do not have the proper legal standing to challenge the law and that the claims are not sufficiently ripe for judicial review.

Boyden Gray, the lead lawyer for the case, called the ruling “deeply flawed” and said that the plaintiffs would appeal.

“State National Bank of Big Spring is a community bank that has served its community for generations,” Gray said in a statement, “and it is disturbing that the opinion—and the government—ignored the very real harm Dodd-Frank has inflicted on it and the customers who rely on the bank to provide loans for everything from their home to their small business.”

“Similarly, the court’s decision misconstrues the real and immediate loss of substantive rights that the states have suffered because of Dodd-Frank,” Gray said.

Dodd-Frank creates a new way to liquidate financial institutions that imperils state pensions that are invested in these institutions, Gray argued.

A representative for the Consumer Financial Protection Bureau, a primary defendant in the suit, declined to comment. The Justice Department did not return a request for comment.

Advocates of the law say that it is necessary to prevent another financial crisis similar to the one in 2008.
Critics say it is based on a fundamentally flawed understanding of the crisis and will hurt the economy’s growth.

http://freebeacon.com/judge-throws-out-suit-against-dodd-frank/
 
PK'S NOTE: I met Daniel while working on Rehberg's campaign. He's a good guy. 

Meet the Montana Lawmaker Who’s Been Called ‘The Face of Online Privacy Rights in the U.S.’

A 26-year-old Montana state legislator is gaining nationwide attention as a defender of privacy after pushing for the passage of a historic cell phone warrant law that other states are now considering.

Rep. Daniel Zolnikov, a Republican representing the 47th House district of Montana, was profiled over the weekend by Mashable.com, which described him as “the face of online privacy rights in the U.S.

It all started with Montana House Bill 603, which passed in April and was signed into law by Gov.  Steve Bullock on May 6. The law reads: “A government entity may not obtain the location information of an electronic device without a search warrant issued by a duly authorized court.”

The legislation and Zolnikov were reported on in The Wall Street Journal in June. An Atlantic Wire headline in July read, “If You Don’t Want the Goverment to Spy on You, Move to Montana.” He also has been heralded by the American Civil Liberties Union. And most recently, he gave a talk at the hackers conference Def Con on Saturday, Mashable reports.

“It paved the way for Maine to pass similar legislation, and courts around the country have ruled that law enforcement needs a search warrant when requesting phone companies release customers’ location data,” the Mashable article said. “At the federal level, the issue isn’t yet regulated. And in several criminal cases, the Department of Justice has argued that there’s no expectation of privacy on location data, since the customer surrenders his or her data to the telephone company — the so-called “third-party” doctrine.”

Zolnikov’s self described “pro-rights” view comes from understanding his family background. His grandparents moved to Iran to escape Russia after the rise of communism, according to the tech publication Mashable, published Sunday. His Iranian-born father later moved to the United States.
“Protecting people’s rights is bad? Well then, I guess I’ll be bad,” Zolnikov told Mashable.

Zolnikov, like any politician, has sought to leverage the national media attention to raise money for his campaign.

“In a time of national data collection and spying and American’s, states must start legislating policies to protect our rights,” Zolnikov said on his campaign website. “Please help me get re-elected so I can continue to fight for privacy rights. Please consider making a contribution below to help the campaign reach out to as many voters as possible.”

All the praise aside, his original proposal was more far reaching.

The first bill, House Bill 400, “was a data protection bill that had the goal of giving consumers the control over their personal data. The bill gave citizens the right to consent to companies collecting their personal data to prevent them from reselling it behind consumers’ backs, a business that’s somewhat conducted in secret,” Mashable reports. However the legislation “never got out of committee. Mainly because the business lobby, including big retailers, insurers, and bankers, didn’t like it, labeling it as anti-business.”

After that bill died, Montana state Sen. Anders Blewett approached him with the idea of the cellphone location data limitations, which passed both houses with broad bipartisan support.

http://www.theblaze.com/stories/2013/08/05/meet-the-montana-lawmaker-whos-been-called-the-face-of-online-privacy-rights-in-the-u-s/ 

The Front Man

Face of the lawless bureaucracy

By Keven D Williamson
Conservatives have for years attempted to put our finger upon precisely why Barack Obama strikes us as queer in precisely the way he does. There is an alienness about him, which in the fever swamps is expressed in all that ridiculous Kenyan-Muslim hokum, but his citizen-of-the-world shtick is strictly sophomore year — the great globalist does not even speak a foreign language. Obama has been called many things — radical, socialist — labels that may have him dead to rights at the phylum level but not down at his genus or species. His social circle includes an alarming number of authentic radicals, but the president’s politics are utterly conventional managerial liberalism. His manner is aloof, but he is too plainly a child of the middle class to succumb to the regal pretensions that the Kennedys suffered from, even if his household entourage does resemble the Ringling Bros. Circus as reimagined by Imelda Marcos when it moves about from Kailua Beach to Blue Heron Farm. Not a dictator under the red flag, not a would-be king, President Obama is nonetheless something new to the American experience, and troubling.

It is not simply the content of his political agenda, which, though wretched, is a good deal less ambitious than was Woodrow Wilson’s or Richard Nixon’s. Barack Obama did not invent managerial liberalism, nor has he contributed any new ideas to it. He is, in fact, a strangely incurious man. Unlike Ronald Reagan, to whom he likes to be compared, President Obama shows no signs of having expended any effort on big thinkers or big ideas. President Reagan’s guiding lights were theorists such as F. A. Hayek and Thomas Paine; Obama’s most important influences have been tacticians such as Abner Mikva, bush-league propagandists like the Reverend Jeremiah Wright, and his beloved community organizers. Far from being the intellectual hostage of far-left ideologues, President Obama does not appear to have the intellectual energy even to digest their ideas, much less to implement them. This is not to say that he is an unintelligent man. He is a man with a first-class education and a business-class mind, a sort of inverse autodidact whose intellectual pedigree is an order of magnitude more impressive than his intellect.

The result of this is his utterly predictable approach to domestic politics: appoint a panel of credentialed experts. His faith in the powers of pedigreed professionals is apparently absolute. Consider his hallmark achievement, the Affordable Care Act, the centerpiece of which is the appointment of a committee, the Independent Payment Advisory Board (IPAB), the mission of which is to achieve targeted savings in Medicare without reducing the scope or quality of care. How that is to be achieved was contemplated in detail neither by the lawmakers who wrote the health-care bill nor by the president himself. But they did pay a great deal of attention to the processes touching IPAB: For example, if that committee of experts fails to achieve the demanded savings, then the ball is passed to . . . a new committee of experts, this one under the guidance of the secretary of health and human services. IPAB’s powers are nearly plenipotentiary: Its proposals, like a presidential veto, require a supermajority of Congress to be overridden.

IPAB is the most dramatic example of President Obama’s approach to government by expert decree, but much of the rest of his domestic program, from the Dodd-Frank financial-reform law to his economic agenda, is substantially similar. In total, it amounts to that fundamental transformation of American society that President Obama promised as a candidate: but instead of the new birth of hope and change, it is the transformation of a constitutional republic operating under laws passed by democratically accountable legislators into a servile nation under the management of an unaccountable administrative state. The real import of Barack Obama’s political career will be felt long after he leaves office, in the form of a permanently expanded state that is more assertive of its own interests and more ruthless in punishing its enemies. At times, he has advanced this project abetted by congressional Democrats, as with the health-care law’s investiture of extraordinary powers in the executive bureaucracy, but he also has advanced it without legislative assistance — and, more troubling still, in plain violation of the law. President Obama and his admirers choose to call this “pragmatism,” but what it is is a mild expression of totalitarianism, under which the interests of the country are conflated with those of the president’s administration and his party. Barack Obama is the first president of the democracy that John Adams warned us about.

Democracy never lasts long,” Adams famously said. “It soon wastes, exhausts and murders itself. There was never a democracy that did not commit suicide.” For liberal regimes, a very common starting point on the road to serfdom is the over-delegation of legislative powers to the executive. France very nearly ended up in a permanent dictatorship as a result of that error, and was spared that fate mostly by good luck and Charles de Gaulle’s patriotism. Long before she declared her infamous state of emergency, Indira Gandhi had been centralizing power in the prime minister’s office, and India was spared a permanent dictatorship only by her political miscalculation and her dynasty-minded son’s having gotten himself killed in a plane wreck. Salazar in Portugal, Austria under Dollfuss, similar stories. But the United States is not going to fall for a strongman government. Instead of delegating power to a would-be president-for-life, we delegate it to a bureaucracy-without-death. You do not need to install a dictator when you’ve already had a politically supercharged permanent bureaucracy in place for 40 years or more. As is made clear by everything from campaign donations to the IRS jihad, the bureaucracy is the Left, and the Left is the bureaucracy. Elections will be held, politicians will come and go, but if you expand the power of the bureaucracy, you expand the power of the Left, of the managers and minions who share Barack Obama’s view of the world. Barack Obama isn’t the leader of the free world; he’s the front man for the permanent bureaucracy, the smiley-face mask hiding the pitiless yawning maw of total politics.

In an important sense, the American people have no political say in the health-care law, for example, because Congress did not pass a law reforming the health-care system; instead, Congress passed a law empowering the Obama administration, through its political appointees and unelected time-servers, to create a new national health-care regime. The general outline of the program is there in the law, but the nuts and bolts of the thing will be created on the fly by President Obama and his many panels of experts. There are several problems with that model of business, one of which is that President Obama, and more than a few of his beloved experts, have political interests. The partisans of pragmatism present themselves as disinterested servants of the public weal, simply collecting the best information and the best advice from the top experts and putting that into practice. Their only political interest, they would have us believe, is in helping the public understand what a great job is being done for them. Consider President Obama’s observation that his worst mistake in his first term was “thinking that this job was just about getting the policy right. . . . The nature of this office is also to tell a story to the American people that gives them a sense of unity and purpose and optimism, especially during tough times.” (It never seems to have entered into the president’s head that he might have got the policy wrong.) But of course there is a good deal more to politics than that. For example, the president would very much like the unemployment problem to be somewhat abated by the time of the 2014 congressional elections, but he knows that this is unlikely to happen with employers struggling under an expensive health-care mandate that he has not told enough of a story about. And so he has decided — empowered to do so by precisely nothing — that the law will not be enforced until after the elections. Neither does the law empower him arbitrarily to exempt millions of his donors and allies in organized labor from the law, but he has done that too.

This is a remarkable thing. The health-care law gives the executive all sorts of powers to promulgate regulations and make judgments, but it does not give the executive the power to decide which aspects of the law will be enforced and which will not, or to establish a different timeline from the one found in the law itself. For all of the power that Congress legally has given the president in this matter, he feels it necessary to take more — illegally.

The president and his admirers dismiss concern over this as so much chum for the talk-radio ravers, but it is no such thing. The job of the president is to execute the law — that is what the executive branch is there to do. If Barack Obama had wanted to keep pursuing his career as a lawmaker, then the people of Illinois probably would have been content to preserve him in the Senate for half a century or so. As president, he has no more power to decide not to enforce the provisions of a duly enacted federal law than does John Boehner, Anthony Weiner, or Whoopi Goldberg. And unlike them, he has a constitutional duty to enforce the law. Representative Tom Cotton says that the president’s health-care delay makes a deal on immigration less likely — if the president can simply decline to enforce the provisions of a law he fought for, why trust him to enforce provisions of a law he is accepting only as a compromise? Representative Cotton must also of course have in mind the fact that after Congress had unequivocally rejected another piece of immigration reform, the so-called DREAM Act, that the president had supported, he simply instituted it unilaterally, as though he had the authority to declare an amnesty himself. He then did away with criminal-background checks for those to be amnestied, also on his own authority. Strangely, the order to halt background checks came down on November 9, 2012, the same day that John Boehner said Republicans would seek a compromise on immigration reform.

In a similar vein, President Obama has refused to cut off foreign-aid funds to the Egyptian government, though he is required by law to do so in the event of a coup d’Ă©tat, which is precisely what happened in July in Egypt. It might be embarrassing for the president to punish the Egyptian military and the grand mufti of al-Azhar for their overthrow of the unpopular Mohamed Morsi, but the law does not make exceptions for presidential embarrassment. The president is not legally empowered to assassinate American citizens, but he has done so, after going through the charade of drawing up a legal argument under which he judged himself entitled to do what the Constitution plainly prohibits. The law also prohibits the president and his allies from using the instruments of government to persecute their rivals, but that is precisely what the IRS has been up to for several years, as it turns out. And not just the IRS: Tea-party activist Catherine Engelbrecht was subject to an IRS audit, two FBI visits, an OSHA investigation, and an ATF inspection of her business (which does not deal in A, T, or F). And although the IRS has no statutory power to collect Affordable Care Act–related fines in states that have not voluntarily set up health-care exchanges, Obama’s managers there have announced that they will do so anyway.

The president not only ignores the law but in some cases goes out of his way to subvert it. The U.S. military carried out the killing of Osama bin Laden, but the records of that event have been removed from military custody, where they are subject to inquiries under the Freedom of Information Act, and moved to the CIA, where they can be kept in secrecy. He has attempted to make “recess appointments” when Congress is not in recess and has been stopped from doing so by the federal courts, which rightly identified the maneuver as patently unconstitutional.

There exists a federal law called the Religious Freedom Restoration Act, which restricts the federal government’s power to force Americans to violate their consciences. The Obama administration is forcing an abortifacient mandate upon practically all U.S. employers, in violation of that law. Kathleen Sebelius, the secretary of health and human services, who is responsible for drafting those regulations, received a number of letters from lawmakers arguing that the mandate she was contemplating violated the law; she proceeded anyway — without so much as getting an opinion from her departmental lawyer.

Congress’s supine ceding of its powers, and the Obama administration’s usurpation of both legal and extralegal powers, is worrisome. But what is particularly disturbing is the quiet, polite, workaday manner with which the administration goes about its business — and with which the American public accepts it. As Christopher Hitchens once put it, “The essence of tyranny is not iron law; it is capricious law.” Barack Obama makes a virtue out of that caprice, having articulated for his judicial nominees not a legal standard but a political standard requiring sympathy for politically favored groups: African American, gay, disabled, old, in his words.

We have to some extent been here before. It is a testament to the success of free-market ideas that it is impossible to imagine President Obama making the announcement that President Richard Nixon did on August 15, 1971: “I am today ordering a freeze on all prices and wages throughout the United States.” 

President Nixon created not one but two IPABs, the Pay Board and the Price Commission, which were to be entrusted with managing the day-to-day operations of the U.S. economy. President Nixon, too, was empowered by a Congress that invested him with that remarkable authority, through the Economic Stabilization Act of 1970, whose provisions were to be invoked during times of economic emergency. There was no economic emergency in 1971, but it is a nearly iron-clad rule of the presidency that powers vested will be powers used. That President Obama has adopted President Nixon’s approach but limited himself to health care might be considered progress if he had not adopted as a general principle one of Nixon’s unfortunate maxims: When the president does it, it isn’t illegal. President Nixon’s lawlessness was sneaky, and he had the decency to be ashamed of it. President Obama’s lawlessness is as bland and bloodless as the man himself, and practiced openly, as though it were a virtue. President Nixon privately kept an enemies list; President Obama publicly promises that “we’re gonna punish our enemies, and we’re gonna reward our friends.”

Barack Obama’s administration is unmoored from the institutions that have long kept the imperial tendencies of the American presidency in check. That is partly the fault of Congress, which has punted too many of its legislative responsibilities to the president’s army of faceless regulators, but it is in no small part the result of an intentional strategy on the part of the administration. He has spent the past five years methodically testing the limits of what he can get away with, like one of those crafty velociraptors testing the electric fence in Jurassic Park. Barack Obama is a Harvard Law graduate, and he knows that he cannot make recess appointments when Congress is not in recess. He knows that his HHS is promulgating regulations that conflict with federal statutes. He knows that he is not constitutionally empowered to pick and choose which laws will be enforced. This is a might-makes-right presidency, and if Barack Obama has been from time to time muddled and contradictory, he has been clear on the point that he has no intention of being limited by something so trivial as the law.
 
https://www.nationalreview.com/nrd/articles/353797/front-man

High-level national security meeting at White House while Obama plays golf

I'm sure al-Qaeda is suitably impressed with the seriousness with which our president takes the threat of a terrorist attack in the next few days.

Associated Press:

President Barack Obama kicked off his birthday weekend Saturday with a round of golf with friends and a getaway to Camp David.
Obama, who turns 52 on Sunday, left the White House just after 8 a.m. EDT -- that's unusually early for the half-hour motorcade ride to Andrews Air Force Base in Maryland -- to squeeze in some golf before the celebration shifted to the presidential retreat nestled in Maryland's Catoctin Mountains.
Before leaving, officials said Obama's counterterrorism adviser updated him on a potential al-Qaida threat that led the State Department on Friday to issue a global travel warning to Americans and order the weekend closure of 21 embassies and consulates across the Muslim world.
The White House said the president's three golfing foursomes included some of his friends from Hawaii, where he grew up, and Chicago, where he lived before becoming president, along with current and former aides.

Meanwhile, back at the White House, the adults in the Obama administration met to discuss the most serious and specific terrorist threat to US interests since the 9/11 attacks:

"Early this week, the president instructed his National Security team to take all appropriate steps to protect the American people in light of a potential threat occurring in or emanating from the Arabian Peninsula.
"Given the nature of the potential threat, throughout the week, Assistant to the President for Homeland Security and Counterterrorism Lisa Monaco has held regular meetings with relevant members of the interagency to ensure the U.S. Government is taking those appropriate steps.
"This afternoon, National Security adviser Rice chaired a meeting with the Principals Committee to further review the situation and follow-up actions.
"The president has received frequent briefings over the last week on all aspects of the potential threat and our preparedness measures.
"After today's principals meeting, the president was again briefed by Ambassador Rice and Ms. Monaco.

Attending that White House meeting was a who's who of intelligence and national security officials, including:


White House Chief of Staff Denis McDonough
National Security Advisor Susan Rice
Deputy National Security Advisor Tony Blinken
Assistant to the President for Homeland Security and Counterterrorism Lisa Monaco
Deputy National Security Advisor to the Vice President Jeff Prescott
Secretary of State John Kerry
Secretary of Defense Chuck Hagel
Chairman of the Joint Chiefs of Staff Martin Dempsey
U.S. Ambassador to the United Nations Samantha Power
Secretary of Homeland Security Janet Napolitano
Director of National Intelligence James Clapper
Director of the Federal Bureau of Investigation Robert Mueller
Director of the Central Intelligence Agency John Brennan
Director of the National Security Agency Keith Alexander
Director of the National Counterterrorism Center Matthew Olsen
Acting Assistant Attorney General John Carlin"

But no Barack Obama. This must be a rope-a-dope strategy as Obama's suicidally casual approach to the threat knocks AQAP off balance, scaring them off by dazzling them with his uncaring attitude.

It was Obama's birthday on Sunday. Does it matter that he spent 6 hours on Saturday playing golf rather than deal with the terrorist threat?

I guess we'll find out in the next few days.

 http://www.americanthinker.com/blog/2013/08/high-level_national_security_meeting_at_white_house_while_obama_plays_golf.html#ixzz2b7VwfZpq
The Air Raid Siren

Some commentators, irked at the fun being poked at the Obama administration’s closure of U.S. diplomatic facilities, have observed that there were numerous threat warnings during the Bush administration. Why should the Obama administration’s closure of the embassies be so objectionable? Is there not a real threat out there, especially since not only the U.S. but other Western embassies are embarked on precautions?

It is a valid criticism that deserves consideration. First of all, there probably is a terror threat out there, though its extent and nature are revealed only in contradictory clues. It is precisely in those contradictions that the jarring disconnects emerge.

Back when the Bush administration issued alerts — you can think of them as air-raid warnings — it also claimed there was a War on Terror. When there’s a war on, you expect the air-raid siren to sound. The alerts and the War on Terror were all of a piece. They fit in with each other.

However that term — the War on Terror — was described as overblown by Obama, and it is no longer used by the administration. “Al Qaeda is dead and Detroit is alive” was the way they put it. Thus the reason Obama’s air-raid siren, though validly sounded, seems ironic is that it is like getting a warning of an impending Luftwaffe raid as the VE day celebration is underway. Surely it isn’t impertinent to ask: if it’s VE day, how come the Luftwaffe is coming?

If the war isn’t over, then a lot of the decisions the administration made don’t make obvious sense.

The current threats seem centered around the Middle East and North Africa. But didn’t the administration leave the Middle East and pivot to Afghanistan because that was the locus of the problem? Didn’t they promise to close Guantanamo? Was there not a commitment to pursue “terrorists” as ordinary criminals?

But that could never work out. Not in a million years. It wasn’t meant to. That was just the outside of the confidence game.

To give the administration its due, it did not close Guantanamo. And despite the rhetoric about relying on the courts to fight terrorism with the justice system, the administration ramped up, rather than phased out, the system of whacking high-value targets with drones. Were that not enough, the administration promised to be the most “transparent” in American history. However, recent events show they’ve been spying on everyone, and that means everyone. And when this was revealed, what defense did the administration invoke? “We need to wiretap the world because there are threats out there.”

And hey, the CIA and other forces are now redeploying to — guess where? The Middle East.

So the probable truth is that there really is a War on Terror. A real threat. It is a threat that cannot adequately be dealt with by law enforcement activities, nor with grand bargains, nor with speeches in Cairo. It can only be dealt with by secret rendition, robot killers, and universal surveillance, or so it would seem. And thus, in that context, the precautions the administration is announcing — though you may disagree with their precise form — are definitely in order.

The problem is that the politicians have been caught lying again. They sold the electorate a fake narrative to get elected. “Bush is lying because the war never existed, or if it did, it is over.” But now that they’re elected, these same politicians are slowly but surely sneaking in their version of secret and disguised combat through the back door. And there he sits, unnamed, unintroduced, and eating everything on the kitchen table.

And yet they continue to act in a half-hearted and furtive fashion, like a liar caught red-handed in his falsehood and determined to deny it. As Paul Sperry writes in the NY Post: ”Why are we on alert today? Because al-Qaeda we captured either escaped or let go.”

The administration’s policy on the “War on Terror” is seriously muddled. And its efforts are suffering in consequence.

The pertinent questions: is the War on Terror over, or still on? Is al-Qaeda dead, or alive? Is it shrinking, or growing? The politician’s lips say “yes, the war is over,” but their alerts say “no.” Which do you believe?

The Jerusalem Post quotes Long War Journal analyst Thomas Joscelyn, who says that from Israel’s perspective, al-Qaeda and its affiliates are gaining a greater presence than they probably have ever had on Israel’s borders:
Joscelyn, a terrorism analyst specializing in al-Qaida and a senior editor of The Long War Journal as well as a senior fellow at the Foundation for Defense of Democracies told The Jerusalem Post in an interview on Sunday said that many people in the U.S. have been trying to argue that al-Qaida is dead, but this news demonstrates that this was not a correct assessment.

“The Arab Spring was said to be the death knell for al-Qaida, but this idea was false all along,” he said adding, “just look at Syria, which has one of the most thriving al-Qaida affiliates on the planet — more fighters are there now than have been in any one location in a long time.”

From Israel’s perspective al-Qaida and its affiliates are gaining a greater presence than they probably have ever had on Israel’s borders, he says. Look at what is happening in Sinai, Gaza, Syria, and Al-Qaida logistical operations run out of Lebanon and Jordan and you see an organization that is far from dead, concludes Joscelyn.
Yoram Schweitzer, a terrorism expert at the Institute for National Security Studies (INSS) in Tel Aviv, told the Post that the argument by the U.S. administration that al-Qaida was on its last legs might have been connected to the U.S. presidential election. Such a definite declaration on al-Qaida’s demise was clearly too soon.
What we are seeing is what happens when the U.S. withdraws from the region and from its war in Afghanistan, said Schweitzer adding that al-Qaida and their affiliates are busy recruiting new people. “So they are long from finished,” he said.
“Detroit is dead and al-Qaeda is alive” is the probable truth. But it is a truth the administration, from its Benghazi coverup to the present, cannot accept. Their eyes will continue to say “yes” while their lips say “no.”  Which will you believe?

http://pjmedia.com/richardfernandez/2013/08/04/the-air-raid-siren/?singlepage=true 

The Rise of Al-Qaeda and Why the Administration Lied about Benghazi

For nearly a year, we have had no answer to why the administration lied about Benghazi — why it told the world, not to mention the parents of our murdered SEALs at the funeral of their sons, that the cause of that fatal conflagration was an anti-Islamic video no one saw, when the various arms of our executive branch (White House, State and intelligence) already knew, or strongly suspected, it was a terror attack orchestrated by al-Qaeda affiliates.

You only have to read the now infamous talking points to know that.

That this lie was deeply immoral is obvious. What still eludes us is the cause of that lie, other than the equally obvious desire to avoid embarrassment weeks before a presidential election.

But what was this embarrassment about? Recent events have supposedly unearthed a tie to secret arms shipments to Syrian rebels, but as the always cogent Barry Rubin points out, anyone paying attention to the story has known this for some time. Rumors of such shipments filled the Internet even before the Benghazi fireworks.

Furthermore, as Rubin also indicates, if that information had been immediately revealed or leaked to the public soon after the event, it would have been met by a national shoulder shrug that was firmly ratified by Obama’s loyal media claque. It wouldn’t have impacted the election much, if at all.

No, something more problematic was involved and I suspect I know what it was. No one wanted to admit — or probably face for themselves — the extent to which the president, and therefore his administration, the State Department, the CIA and even the military, was in bed with Islamists. That the Benghazi consulate (or whatever it was) was guarded by al-Qaeda types who surely either turned on the people they were supposed to be defending that night, or simply gave safe passage to the enemy, is only tip of the proverbial iceberg.

Like many icebergs this one has different sections and ridges. An important one was that the death of bin Laden meant the death or diminution of al-Qaeda, as Obama continually bragged during the election campaign. Nothing could be more absurd, if you think about it, and not just because al-Qaeda is once more at the top of the news, closing down dozens of embassies before a shot is fired, but because bin Laden was just one (okay, dramatic) ripple in the Islamist story.

We can assume that Obama is and was aware of the birth of the Muslim Brothers (later Muslim Brotherhood) in 1928 under Hassan al-Bannna, who later helped establish the Arabian spy network for — sorry for breaking Godwin’s Law, but in this case it’s necessary — Adolph Hitler. (If you’re unfamiliar with the history, Wikipedia has a good overview.) Bin Laden was one, particularly rich and particularly violent, avatar. But only one. (“Obama, Obama, we are all Osama!” as the Arab street shouted.)

The Muslim Brotherhood/al-Qaeda, etc., and their ideology, has been going on for centuries because they are basically Muslim revivalists continually — sometimes successfully, sometimes not — working against nationalism and secularism in Egypt and elsewhere.

As most of us know, it’s a bit more complicated than that, but Obama — and therefore the administration, State Department, intelligence and military — threw in to a greater or lesser extent with the Brotherhood and their Islamist colleagues. They did this despite the Brotherhood’s obvious extreme misogyny and homophobia, which, under normal circumstances, we would assume to be anathema to so-called “progressives.”

Leaving aside that mind-boggling inconsistency, Islamists also see democracy, when they decide to engage in it, as a temporary tool for jihadist ends. (Obama’s putative buddy Turkey’s Erdogan famously said, “democracy is like a train. You take it where you have to go, and then you get off.”)

Lately, Obama has incurred the ire — with some justification, I think — of new Egyptian military strongman al-Sisi for going against the wishes of the Egyptian people in favor of a kind of desperate nostalgia for Morsi and the Brotherhood. (Forget the rapes and the rest of it.)

So what accounts for Obama’s weird attraction for this “Muslim revivalism,” despite all its Medieval tenets and near-psychotic behaviors?

No, he is not a Muslim. I repeat NOT (just to be absolutely clear). Nor is the president a Christian, unless you count Reverend Wright as such, which is ridiculous (and we all know he’s under the bus anyway).

Obama is a postmodern agnostic par excellence. But like so many schooled in post-modernism and cultural relativism, he has an immediate and intense enmity for anything that smacks of imperialism — and an equally intense desire to be seen as supportive of (although certainly not to live like) the downtrodden of the Earth.
Which leads us back to Benghazi. You don’t have to be Muslim to love the Muslim Brotherhood or even, consciously or unconsciously, sympathize with the goals, if not the actions, of al-Qaeda. You just have to have been imbued with a blind hatred of imperialism. That’s all you need.

What this myopia leads to, however, is consorting with people with no values at all. You get in bed with the worst of the worst. They don’t care about their country. They don’t care about anybody. They don’t even care about Allah. It’s “Viva la muerte!” and bring me the virgins!

What the administration doesn’t want, of all things, is for these dots to be connected via Benghazi.

No wonder the culprits have not been arrested. They might talk!

http://pjmedia.com/rogerlsimon/2013/08/04/why-the-administration-lied-about-benghazi/?singlepage=true

Obama and the Potemkin Embassy Threat

Have we really let our military deteriorate to the point where our only defense against a terrorist attack is to tell the terrorists that we know and we’re hiding under our beds? Or is this simply another case of the Obama administration slinging bull**** to cover its tracks?
Officials shuttered 22 U.S. embassies and consulates for the day on Sunday amid fears of an al Qaeda attack. On Sunday afternoon, the State Department said it had extended embassy and consulate closures in 15 of the locations until Friday and added four other posts to the list.
If true, this is a damning indictment of the decline of our abilities to protect US interests. We have apparently let our ability to conduct direct action atrophy to the point that we can acquire sufficient intelligence to indicate when and where attacks will take place but we are powerless to stop them or to convince the host governments to take action. We are left with the rather bizarre alternative of letting the world know that we have penetrated the clandestine communications network of al Qaeda in the hope that al Qaeda will not attack. Say what you will about George Bush, this type of cowering under the bed did not take place on his watch.

Some 750 years ago, an English friar, William of Ockham, proposed an interesting heuristic for solving problems of logic and natural science. When presented with several explanations, he said, one should favor the answer with the fewest possible assumptions. The simple answer, he reasoned, was more likely to be true than a complex solution.

Ockham’s Razor compels me to call bull**** on this particular terrorism alert and to offer a simpler explanation: that this threat to our embassies simply does not exist.

The only evidence proffered in defense of this ridiculous exercise at playing Chicken Little is the word of the Administration. I, for one, can think of nothing this bunch of cretins and incompetents has done that makes their word credible.

Rather than looking at some cosmic, epic, and existential threat that requires some embassies to shut down for one day… are the jihadis really going to say, “gee, I showed up for my martyrdom mission on Sunday and no one was there so I’m going home?” … we should look for something much more simple.

After Edward Snowden’s attempted defection to Communist China and actual defection to neo-Tsarist Russia and the accompanying revelations of what the NSA has been up to, there has been immense pressure on the Administration to place limits on the activities of the NSA. The secretive FISA Court is under attack by even Senate Democrats. Many questions are being asked about what communications the NSA intercepts, how those decisions are made, and how the product is safe guarded. To date all evidence indicates the NSA makes up these rules as it goes along.

What better way to put an end to this rising tide of concern about civil liberties than to have the NSA suddenly develop intelligence that causes 22 US embassies to close for a day or a week. There, they seem to be saying, doesn’t your silly concern about your rights as citizens and the danger to the republic unsupervised eavesdropping constitutes seem small and petty against THIS HUGE THREAT?

The Administration may actually be worried about national security. That would be a welcome change from its actions since taking office in 2009. To date the focus of the Administration has been on destroying our credibility with our with allies, making us look ridiculous to our enemies, and seemingly missing no chance to reduce American influence in the world.

A more cynical observer would posit that the political leadership of the NSA is abusing its ability to monitor communications in the same way that the IRS abused its ability to review the status of non-profits and the Obama Administration wants to retain the ability to abuse its power to punish its opponents.

The bottom line is that the only evidence there that a threat actually exists is the Administration’s word. That requires us to ignore the entire history of the Obama regime. On the other hand, the Administration has shown it will instinctively lie to protect itself and the attention direct at the NSA is a threat to the ability of Obama to operate without concern for the rule of law. Logic says they are lying.

http://www.redstate.com/2013/08/04/obama-and-the-potemkin-embassy-threat/

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