Thursday, January 31, 2013

Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

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President Barack Obama just suffered a humiliating defeat in federal court. A top federal appeals court has removed three presidential appointees from power, and invalidated all actions they’ve taken over the past twelve months.  

One year ago, Obama filled three seats on the National Labor Relations Board (NLRB)--an essential power center for Obama’s labor-union allies--with recess appointments, claiming that the U.S. Senate was in recess even though the Senate was still in session.
No president in history had ever done such a thing, and Republicans and conservatives immediately denounced it as an unconstitutional power grab. The matter went to court, where Breitbart News covered the judges’ questions and reactions at oral argument.
In Noel Canning v. NLRB, the U.S. Court of Appeals for D.C. Circuit held today that Obama’s three recess appointments are in fact unconstitutional. As such, the three seats on NLRB were never legally filled. Thus NLRB only had two members, while the law requires three members on the five-member Board in order to have a quorum to conduct business or issue orders.
The D.C. Circuit therefore concluded that all NLRB orders issued since these recess appointments were made are entirely void, and NLRB has no power to act at all unless and until the Senate votes to confirm Obama’s nominees.
The head of the controversial new Consumer Financial Protection Bureau (CFPB) created by Dodd-Frank, Richard Cordray, was also installed as one of these non-recess appointments. While the D.C. Circuit did not address that appointment, it is now clear that Cordray’s appointment was also unconstitutional, and so he too will be removed from power and all his actions to date nullified. Former White House Counsel C. Boyden Gray—a very well-respected D.C. lawyer—currently has a lawsuit against CFPB, where this decision will secure his victory on part of his case. 
This recess-appointment issue will now likely go to the Supreme Court, where it is likely to suffer the same fate.
Breitbart News legal columnist Ken Klukowski is a fellow with the American Civil Rights Union and on faculty at Liberty University School of Law.

Obama State Department Recruits Muslim Foreign Service Officers At Jihadist Conference…

Obama State Department Recruits Muslim Foreign Service Officers At Jihadist Conference…

The Obama administration is covertly recruiting Muslims to work at the State Department as Foreign Service officers representing the United States in one of 265 American embassies, consulates and diplomatic missions worldwide.
It appears to be part of the administration’s Muslim outreach effort, which includes a variety of controversial moves. Among them Homeland Security meetings with extremist Islamic organizations, sending an America-bashing mosque leader (Feisal Abdul Rauf) who blames U.S. foreign policy for the 9/11 attacks on a Middle Eastern outreach mission and revamping the way federal agents are trained to combat terrorism by eliminating all materials that shed a negative light on Muslims.  Secretary of State Hillary Clinton even signed a special order to allow the reentry of two radical Islamic academics whose terrorist ties long banned them from the U.S.
Now comes news of a secretive State Department campaign, discovered in the course of a Judicial Watch investigation, to add Muslims to its roster. Presumably, the new recruits will be deployed around the globe to help the agency fulfill its mission of promoting the country’s international relations. The campaign seems to be headed by Mark Ward, the Deputy Special Coordinator in the State Department’s Office of Middle East Transition.
Ward held a 90-minute seminar at a recent convention sponsored by two groups—Muslim American Society (MAS) and the Islamic Circle of North America (ICNA)—with known ties to radical Islam. Both nonprofits are associated with the Muslim Brotherhood, which is known as the parent organization of Hamas and al Qaeda. In fact, the Investigative Project on Terrorism reports that MAS was founded as the U.S. chapter of the Muslim Brotherhood which strives to indoctrinate the world with Islamic Sharia law.  Read more via Judicial Watch...

Charlene Cleo Eiben i cant take much more of this shit every day the stress is killing me cant sleep cant eat sick all the time why must i stand up for our nation when so many were just so happy to give it to commies and islam i will not give up this fight war just dont stop how can so many people be so evil that they would give up our rights and freedoms to this evil islamic blood tristy commie oig that cares nothing about our human rights these people would just keep take in free money when now obama is give in our millatru bases and oil to china your out of your fucking mind i hope you get what you wanted

i cant take much more of this shit every day the stress is killing me cant sleep cant eat sick all the time why must i stand up for our nation when so many were just so happy to give it to commies and islam i will not give up this fight war just dont stop how can so many people be so evil that they would give up our rights and freedoms to this evil islamic blood tristy commie oig that cares nothing about our human rights these people would just keep take in free money when now obama is give in our millatru bases and oil to china your out of your fucking mind i hope you get what you wanted
to give up our rights to a killer who kills babys every day pakeasran ws on our side 
obama will kill a baby that survise an abotion 
and do a nine month ab just still a tube in and suck out its brains sick and you love this man welcome to hell by the time you wake up we will all ready lost every thing we all work so hard for all of our lifes 
i still have hope we are still here
we have to awake in the nation up to god
when we go up thats when the aint christ will come
we need to stand in prayer all over the world
god will see our faith

FBI is increasing pressure on suspects in Stuxnet inquiry

By Peter Finn,January 26, 2013
Federal investigators looking into disclosures of classified information about a cyberoperation that targeted Iran’s nuclear program have increased pressure on current and former senior government officials suspected of involvement, according to people familiar with the investigation.
The inquiry, which was started by Attorney General Eric H. Holder Jr. last June, is examining leaks about a computer virus developed jointly by the United States and Israel that damaged nuclear centrifuges at Iran’s primary uranium enrichment plant. The U.S. code name for the operation was Olympic Games, but the wider world knew the mysterious computer worm as Stuxnet.
Prosecutors are pursuing “everybody — at pretty high levels, too,” said one person familiar with the investigation. “There are many people who’ve been contacted from different agencies.”
The FBI and prosecutors have interviewed several current and former senior government officials in connection with the disclosures, sometimes confronting them with evidence of contact with journalists, according to people familiar with the probe. Investigators, they said, have conducted extensive analysis of the e-mail accounts and phone records of current and former government officials in a search for links to journalists.
The people familiar with the investigation would speak only on the condition of anonymity because of the sensitivity of the matter. The Justice Department declined to comment.
The Obama administration has prosecuted six officials for disclosing classified information, more than all previous administrations combined. But the Stuxnet investigation is arguably the highest-profile probe yet, and it could implicate senior-level officials. Knowledge of the virus was likely to have been highly compartmentalized and limited to a small set of Americans and Israelis.
The proliferation of e-mail and the advent of sophisticated software capable of sifting through huge volumes of it have significantly improved the ability of the FBI to find evidence. A trail of e-mail has eased the FBI’s search for a number of suspects recently, including John Kiriakou, the former CIA officer who was sentenced Friday to 30 months in prison for disclosing to a journalist the identity of a CIA officer who had spent 20 years under cover.
Late last year, retired Gen. David H. Petraeus resigned as CIA director after the FBI discovered e-mails in one of his private accounts showing that he had an extramarital affair with his biographer.
Holder appointed Rod J. Rosenstein, the U.S. attorney for Maryland, to lead the Stuxnet inquiry after a New York Times article about President Obama ordering cyberattacks against Iran using a computer virus developed in conjunction with Israel. Other publications, including The Washington Post, followed with similar reports about Stuxnet and a related virus called Flame.
At the same time, Holder named Ronald C. Machen Jr., the U.S. attorney for the District of Columbia, to head a criminal investigation into leaks concerning the disruption of a bomb plot by al-Qaeda in the Arabian Peninsula. Holder’s action followed complaints from members of Congress, including the heads of the intelligence committees, about both leaks.
Machen is examining a leak to the Associated Press that a double agent inside al-Qaeda’s affiliate in Yemen allowed the United States and Saudi Arabia to disrupt the plot to bomb an airliner using explosives and a detonation system that could evade airport security checks.
“People are feeling less open to talking to reporters given this uptick,” said a person with knowledge of Machen’s inquiry. “There is a definite chilling effect in government due to these investigations.”
Since the probes were announced, there has been little publicity about the ongoing inquiries.
The Justice Department declined to provide statistics on how many leak investigations were launched during Obama’s first term. Between 2005 and 2009, according to an April 2010 Justice Department letter that was sent to a Senate committee, intelligence agencies notified the department 183 times about leaks. The FBI opened 26 investigations and identified 14 suspects.
Lisa Monaco, the head of the Justice Department’s National Security Division who was named Friday as the president’s new counterterrorism adviser, told the Senate in 2011 that there has been “a stepped-up effort, and indeed a priority placed on the prosecution of leak matters.” Monaco said that leaks “do tremendous damage” and that unauthorized disclosures should be “prosecuted and pursued, either by criminal means or the use of administrative sanctions.”
Former prosecutors said these investigations typically begin by compiling a list of people with access to the classified information. When government officials attend classified briefings or examine classified documents in secure facilities, they must sign a log, and these records can provide an initial road map for investigators.

Remarks by the President

James S. Brady Press Briefing Room
10:40 A.M. EDT
THE PRESIDENT:  Good morning.  I just want to say a few words about the economy, and then I will take some of your questions.
Today, we’re fighting back from the deepest economic crisis since the Great Depression.  After losing jobs for 25 months in a row, our businesses have now created jobs for 27 months in a row -- 4.3 million new jobs in all.  The fact is job growth in this recovery has been stronger than in the one following the last recession a decade ago.  But the hole we have to fill is much deeper and the global aftershocks are much greater.  That’s why we've got to keep on pressing with actions that further strengthen the economy.
Right now, one concern is Europe, which faces a threat of renewed recession as countries deal with a financial crisis.  Obviously this matters to us because Europe is our largest economic trading partner.  If there’s less demand for our products in places like Paris or Madrid it could mean less businesses -- or less business for manufacturers in places like Pittsburgh or Milwaukee.
The good news is there is a path out of this challenge.  These decisions are fundamentally in the hands of Europe’s leaders, and fortunately, they understand the seriousness of the situation and the urgent need to act.  I’ve been in frequent contact with them over the past several weeks, and we know that there are specific steps they can take right now to prevent the situation there from getting worse.
In the short term, they’ve got to stabilize their financial system.  And part of that is taking clear action as soon as possible to inject capital into weak banks.  Just as important, leaders can lay out a framework and a vision for a stronger eurozone, including deeper collaboration on budgets and banking policy.  Getting there is going to take some time, but showing the political commitment to share the benefits and responsibilities of a integrated Europe will be a strong step.
With respect to Greece, which has important elections next weekend, we’ve said that it is in everybody’s interest for Greece to remain in the eurozone while respecting its commitments to reform.  We recognize the sacrifices that the Greek people have made, and European leaders understand the need to provide support if the Greek people choose to remain in the eurozone.  But the Greek people also need to recognize that their hardships will likely be worse if they choose to exit from the eurozone.
Over the longer term, even as European countries with large debt burdens carry out necessary fiscal reforms, they’ve also got to promote economic growth and job creation.  As some countries have discovered, it’s a lot harder to rein in deficits and debt if your economy isn’t growing.  So it’s a positive thing that the conversation has moved in that direction, and leaders like Angela Merkel and Francois Hollande are working to put in place a growth agenda alongside responsible fiscal plans.
The bottom line is the solutions to these problems are hard, but there are solutions.  The decisions required are tough, but Europe has the capacity to make them.  And they have America’s support.  Their success is good for us.  And the sooner that they act, and the more decisive and concrete their actions, the sooner people and markets will regain some confidence and the cheaper the costs of cleanup will be down the road.
In the meantime, given the signs of weakness in the world economy, not just in Europe but also some softening in Asia, it's critical that we take the actions we can to strengthen the American economy right now.
Last September, I sent Congress a detailed jobs plan full of the kind of bipartisan ideas that would have put more Americans back to work.  It had broad support from the American people.    It was fully paid for.  If Congress had passed it in full, we’d be on track to have a million more Americans working this year.  The unemployment rate would be lower.  Our economy would be stronger.
Of course, Congress refused to pass this jobs plan in full. They did act on a few parts of the bill -- most significantly the payroll tax cut that’s putting more money in every working person’s paycheck right now.  And I appreciate them taking that action.  But they left most of the jobs plan just sitting there. And in light of the headwinds that we’re facing right now, I urge them to reconsider.  Because there's steps we can take right now to put more people back to work.  They’re not just my ideas; they're not just Democratic ideas -- they’re ideas that independent, nonpartisan economists believe would make a real difference in our economy. 
Keep in mind that the private sector has been hiring at a solid pace over the last 27 months.  But one of the biggest weaknesses has been state and local governments, which have laid off 450,000 Americans.  These are teachers and cops and firefighters.  Congress should pass a bill putting them back to work right now, giving help to the states so that those layoffs are not occurring.
In addition, since the housing bubble burst, we’ve got more than a million construction workers out of work.  There’s nothing fiscally responsible about waiting to fix your roof until it caves in.  We've got a lot of deferred maintenance in this country.  We could be putting a lot of people back to work rebuilding our roads, our bridges, some of our schools.  There's work to be done; there are workers to do it.  Let’s put them back to work right now.
The housing market is stabilizing and beginning to come back in many parts of the country.  But there are still millions of responsible homeowners who've done everything right but still struggle to make ends meet.  So, as I talked about just a few weeks ago, let’s pass a bill that gives them a chance to save an average of $3,000 a year by refinancing their mortgage and taking advantage of these historically low rates.  That's something we can do right now.  It would make a difference.
Instead of just talking a good game about job creators, Congress should give the small business owners that actually create most of the new jobs in America a tax break for hiring more workers.
These are ideas that, again, have gotten strong validation from independent, nonpartisan economists.  It would make a difference in our economy.  And there's no excuse for not passing these ideas.  We know they can work.
Now, if Congress decides, despite all that, that they aren’t going to do anything about this simply because it’s an election year, then they should explain to the American people why.  There’s going to be plenty of time to debate our respective plans for the future.  That’s a debate I’m eager to have.  But right now, people in this town should be focused on doing everything we can to keep our recovery going and keeping our country strong.  And that requires some action on the part of Congress.  So I would urge them to take another look at some of the ideas that have already been put forward.
And with that, I'm going to take a couple of questions.  And I'm going to start with Caren Bohan -- who is with Reuters, but as we all know, is about to go get a fancy job with National Journal.  (Laughter.)  And we're very proud of her.  So congratulations to you, Caren.  You get the first crack at me.
Q    Thank you very much, Mr. President.  Could you tell the American people what role the United States is playing in the European debt crisis?  And also, do you think European leaders have a handle on what’s needed to stem the crisis?  And finally, you talked about a number of ideas that you’ve already put forth to shield the American economy.  Do you plan to give a speech or lay out additional ideas now that the crisis is really escalating?
THE PRESIDENT:  Well, a couple of things.  First of all, the situation in Europe is not simply a debt crisis.  You’ve got some countries like Greece that genuinely have spent more than they’re bringing in, and they’ve got problems.  There are other countries that actually were running a surplus and had fairly responsible fiscal policies but had weaknesses similar to what happened here with respect to their housing market or the real estate markets, and that has weakened their financial system.  So there are a bunch of different issues going on in Europe.  It’s not simply a debt crisis.
What is true is, is that the markets getting nervous have started making it much more expensive for them to borrow, and that then gets them on a downward spiral.
We have been in constant contact with Europe over the last  -- European leaders over the last two years, and we have consulted with them both at the head of government and head of state level.  I frequently speak to the leaders not only at formal settings like the G8 but also on the telephone or via videoconference.  And our economic teams have gone over there to consult.
As I said in my opening remarks, the challenges they face are solvable.  Right now, their focus has to be on strengthening their overall banking system -- much in the same way that we did back in 2009 and 2010 -- making a series of decisive actions that give people confidence that the banking system is solid, that capital requirements are being met, that various stresses that may be out there can be absorbed by the system.  And I think that European leaders are in discussions about that and they’re moving in the right direction.
In addition, they’re going to have to look at how do they achieve growth at the same time as they’re carrying out structural reforms that may take two or three or five years to fully accomplish.  So countries like Spain and Italy, for example, have embarked on some smart structural reforms that everybody thinks are necessary -- everything from tax collection to labor markets to a whole host of different issues.  But they've got to have the time and the space for those steps to succeed.  And if they are just cutting and cutting and cutting, and their unemployment rate is going up and up and up, and people are pulling back further from spending money because they're feeling a lot of pressure -- ironically, that can actually make it harder for them to carry out some of these reforms over the long term.
So I think there's discussion now about, in addition to sensible ways to deal with debt and government finances, there's a parallel discussion that's taking place among European leaders to figure out how do we also encourage growth and show some flexibility to allow some of these reforms to really take root.
Now, keep in mind that this obviously can have a potential impact on us because Europe is our largest trading partner.  The good news is, is that a lot of the work we did back in 2009 and 2010 have put our financial system on a much more solid footing. Our insistence of increasing capital requirements for banks means that they can absorb some of the shocks that might come from across the Atlantic.  Folks in the financial sector have been monitoring this carefully and I think are prepared for a range of contingencies.
But even if we weren't directly hit in the sense that our financial system still stayed solid, if Europe goes into a recession that means we're selling fewer goods, fewer services, and that is going to have some impact on the pace of our recovery.  So we want to do everything we can to make sure that we are supportive of what European leaders are talking about.  Ultimately, it is a decision that they've got to make in terms of how they move forward towards more integration, how they move forward in terms of accommodating the needs for both reform and growth.
And the most important thing I think we can do is make sure that we continue to have a strong, robust recovery.  So the steps that I've outlined are the ones that are needed.  We've got a couple of sectors in our economy that are still weak.  Overall, the private sector has been doing a good job creating jobs.  We've seen record profits in the corporate sector.
The big challenge we have in our economy right now is state and local government hiring has been going in the wrong direction.  You've seen teacher layoffs, police officers, cops, firefighters being laid off.  And the other sector that's still weak has been the construction industry.  Those two areas we've directly addressed with our jobs plan.  The problem is that it requires Congress to take action, and we're going to keep pushing them to see if they can move in that direction.
Jackie Calmes.  Where did Jackie go?  There she is.
Q    Thank you, Mr. President.  I'd like to ask you a couple -- about what a couple of other people have said about Europe.  And one is that I'd like to know if you agree with former President Bill Clinton, who said in the past week that the European's policies that you've described here today are much like those of the Republicans in this country -- politics of austerity that would take us in the same direction as Europe -- if you agree with that.  The Republicans, for their part, have said that you're simply blaming the Europeans for problems that have been caused by your own policies.  So I'd like you to respond to both of those.  And also, tell us precisely how much time you personally spend on the European situation.
THE PRESIDENT:  Any other aspects to the question?  (Laughter.)
Q    I do have more questions.  (Laughter.)
Q    Is she going to National Journal?  (Laughter.) 
THE PRESIDENT:  First of all, in terms of the amount of time I spend -- look, I think it's fair to say that over the last two years I'm in consistent discussions with European leadership and consistent discussions with my economic team.
This is one of the things that's changed in the world economy over the last two or three decades, is that this is a global economy now, and what happens anywhere in the world can have an impact here in the United States.  Certainly that's true after the kind of trauma that we saw in 2008 and 2009.
And if you think about the situation in Europe, they're going through a lot of the things that we went through back in 2009, 2010, where we took some very decisive action.  The challenge they have is they’ve got 17 governments that have to coordinate -- 27 if you count the entire European Union, not just the eurozone.  So imagine dealing with 17 Congresses instead of just one.  That makes things more challenging.
But what we’ve tried to do is to be constructive, to not frame this as us scolding them or telling them what to do, but to give them advice, in part based on our experiences here in having stabilized a financial situation effectively.  And ultimately, though, they're going to have to make a lot of these decisions, and so what we can do is to prod, advise, suggest.  But ultimately, they're going to have to make these decisions.
Now, in terms of characterizing the situation over there, what is absolutely true -- this is true in Europe and it’s true here in the United States -- is that we’ve got short-term problems and long-term problems.  And the short-term problems are:  How do we put people back to work?  How do we make the economy grow as rapidly as possible?  How do we ensure that the recovery gains momentum?
Because if we do those things, not only is it good for the people who find work, not only is it good for families who are able to pay the bills, but it actually is one of the most important things we can do to reduce deficits and debt.  It’s a lot easier to deal with deficits and debt if you’re growing, because you’re bringing in more revenue and you’re not spending as much because people don't need unemployment insurance as much; they don't need other programs that are providing support to people in need because things are going pretty good.
Now, that's true here in the United States, and that's true in Europe.  So the problem I think President Clinton identified is that if, when an economy is still weak and a recovery is still fragile, that you resort to a strategy of "let’s cut more" -- so that you’re seeing government layoffs, reductions in government spending, severe cutbacks in major investments that help the economy grow over the long term -- if you’re doing all those things at the same time as consumers are pulling back because they're still trying to pay off credit card debt, and there’s generally weak demand in the economy as a whole, then you can get on a downward spiral where everybody is pulling back at the same time.  That weakens demand and that further crimps the desire of companies to hire more people.  And that's the pattern that Europe is in danger of getting into.
Some countries in Europe right now have an unemployment rate of 15, 20 percent.  If you are engaging in too much austerity too quickly, and that unemployment rate goes up to 20 or 25 percent, then that actually makes it harder to then pay off your debts.  And the markets, by the way, respond in -- when they see this kind of downward spiral happening, they start making a calculation, well, if you’re not growing at all, if you’re contracting, you may end up having more trouble paying us off, so we’re going to charge you even more.  Your interest rates will go up.  And it makes it that much tougher.
So I think that -- what we want both for ourselves, but what we’ve advised in Europe as well is a strategy that says let’s do everything can to grow now, even as we lock in a long-term plan to stabilize our debt and our deficits, and start bringing them down in a steady, sensible way.
And by the way, that’s what we proposed last year; that’s what’s proposed in my budget.  What I’ve said is, let’s make long-term spending cuts; let’s initiate long-term reforms; let’s reduce our health care spending; let’s make sure that we’ve got a pathway, a glide-path to fiscal responsibility, but at the same time, let’s not underinvest in the things that we need to do right now to grow.  And that recipe of short-term investments in growth and jobs with a long-term path of fiscal responsibility is the right approach to take for, I think, not only the United States but also for Europe.
Q    What about the Republicans saying that you’re blaming the Europeans for the failures of your own policies?
THE PRESIDENT:  The truth of the matter is that, as I said, we’ve created 4.3 million jobs over the last 27 months, over 800,000 just this year alone.  The private sector is doing fine. Where we’re seeing weaknesses in our economy have to do with state and local government -- oftentimes, cuts initiated by governors or mayors who are not getting the kind of help that they have in the past from the federal government and who don’t have the same kind of flexibility as the federal government in dealing with fewer revenues coming in.
And so, if Republicans want to be helpful, if they really want to move forward and put people back to work, what they should be thinking about is, how do we help state and local governments and how do we help the construction industry.  Because the recipes that they’re promoting are basically the kinds of policies that would add weakness to the economy, would result in further layoffs, would not provide relief in the housing market, and would result, I think most economists estimate, in lower growth and fewer jobs, not more.
All right.  David Jackson.
Q    Thank you, sir.  There are a couple of books out with, essentially, details about national security issues.  There are reports of terrorist kill lists that you supervise and there are reports of cyber-attacks on the Iranian nuclear program that you ordered.  Two things.  First of all, what’s your reaction of this information getting out in public?  And secondly, what’s your reaction to lawmakers who accuse your team of leaking these details in order to promote your reelection bid?
THE PRESIDENT:  Well, first of all, I’m not going to comment on the details of what are supposed to be classified items.  Second, as Commander-in-Chief, the issues that you have mentioned touch on our national security, touch on critical issues of war and peace, and they're classified for a reason -- because they're sensitive and because the people involved may, in some cases, be in danger if they're carrying out some of these missions.  And when this information, or reports, whether true or false, surface on the front page of newspapers, that makes the job of folks on the front lines tougher and it makes my job tougher -- which is why since I've been in office, my attitude has been zero tolerance for these kinds of leaks and speculation.
Now, we have mechanisms in place where if we can root out folks who have leaked, they will suffer consequences.  In some cases, it's criminal -- these are criminal acts when they release information like this.  And we will conduct thorough investigations, as we have in the past.
The notion that my White House would purposely release classified national security information is offensive.  It's wrong.  And people I think need to have a better sense of how I approach this office and how the people around me here approach this office.
We're dealing with issues that can touch on the safety and security of the American people, our families, or our military personnel, or our allies.  And so we don’t play with that.  And it is a source of consistent frustration, not just for my administration but for previous administrations, when this stuff happens.  And we will continue to let everybody know in government, or after they leave government, that they have certain obligations that they should carry out.
But as I think has been indicated from these articles, whether or not the information they've received is true, the writers of these articles have all stated unequivocally that they didn't come from this White House.  And that's not how we operate.
Q    Are there leak investigations going on now -- is that what you're saying?
THE PRESIDENT:  What I'm saying is, is that we consistently, whenever there is classified information that is put out into the public, we try to find out where that came from.
Okay?  Thank you very much, everybody.  Thank you.
END
11:09 A.M. EDT

New documents tie Fast and Furious to gun-control agenda

  
Emails from inside the Department of Justice appear to indicate Obama administration officials were plotting to use the consequences of Operation Fast and Furious to further a gun-control agenda.
Sharyl Attkisson of CBS News reported Wednesday that the emails show agents from the (ATF) discussing how they would use Fast and Furious to “argue for controversial new rules about gun sales.”
“ATF officials didn’t intend to publicly disclose their own role in letting Mexican cartels obtain the weapons, but emails show they discussed using the sales, including sales encouraged by ATF, to justify a new gun regulation called ‘Demand Letter 3,’” Attkisson reported. “That would require some U.S. gun shops to report the sale of multiple rifles or ‘long guns.’ Demand Letter 3 was so named because it would be the third ATF program demanding gun dealers report tracing information.”
In the emails CBS News acquired, lead Fast and Furious agent Bill Newell and ATF Field Operations Assistant Director Mark Chait discussed how to use the scandal’s aftermath to promote the long-gun reporting requirement for multiple sales.
The Daily Caller has reported extensively on what Illinois Republican Rep. Joe Walsh has called Attorney General ’s “undercurrent” of using Fast and Furious to promote . Walsh was among the first members of Congress to call for Holder’s resignation. There are now 52 House members, two senators, four presidential candidates and two sitting governors in that camp.
“The attitude that he took toward the young man who was killed … was troubling,” Walsh said, during a Nov. 15 press conference, referring to slain U.S. Border Patrol agent Brian Terry. “And, then, there’s this undercurrent of his call — his advocacy — for more gun control, a problem of our guns going south of the border when our own government, led by him, was complicit in that. He needs to be held accountable.”
TheDC also reported that during a Senate Judiciary Committee hearing in early November, California Democratic Sen. attempted to leverage the crisis to promote gun control. (RELATED: Complete coverage of the Justice Department)
“My concern, Mr. Chairman, is there’s been a lot said about Fast and Furious, and perhaps mistakes were made, but I think this hunt for blame doesn’t really speak about the problem,” Feinstein said during a November 1 hearing. “And the problem is, anybody can walk in and buy anything, .50-caliber weapons, sniper weapons, buy them in large amounts, and send them down to . So, the question really becomes, what do we do about this?”
“I’ve been here 18 years,” Feinstein continued. “I’ve watched the BATF get beaten up at every turn on the road. And, candidly, it’s just not right.”
During that hearing, Sen. Feinstein advocated for Operation Fast and Furious as a springboard from which to advocate for strict gun control laws, including national databases and government-controlled firearms registration. She argued that new laws could prevent future programs like Fast and Furious from reaching maturity.
Arizona Republican Rep. Paul Gosar, the third congressman to demand Holder’s immediate resignation, told TheDC over the weekend that more and more evidence suggests the Obama administration is trying to take political advantage.
“You’re seeing more and more of this stuff coming out in the cover up and it really does look like it’s an attempt on our rights,” Gosar said. “In the hearings, it became evident that they [the Obama administration and Holder] created an incident to in the end amend gun laws. Holder himself said before the Senate Judiciary committee that, if we had ‘better’ gun laws, this wouldn’t have happened.

Documents: ATF used "Fast and Furious" to make the case for gun regulations



Documents: ATF used "Fast and Furious" to make the case for gun regulations


Guns recovered by ATF Agents CBS
Documents obtained by CBS News show that the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) discussed using their covert operation "Fast and Furious" to argue for controversial new rules about gun sales.
PICTURES: ATF "Gunwalking" scandal timeline In Fast and Furious, ATF secretly encouraged gun dealers to sell to suspected traffickers for Mexican drug cartels to go after the "big fish." But ATF whistleblowers told CBS News and Congress it was a dangerous practice called "gunwalking," and it put thousands of weapons on the street. Many were used in violent crimes in Mexico. Two were found at the murder scene of a U.S. Border Patrol agent.
ATF officials didn't intend to publicly disclose their own role in letting Mexican cartels obtain the weapons, but emails show they discussed using the sales, including sales encouraged by ATF, to justify a new gun regulation called "Demand Letter 3". That would require some U.S. gun shops to report the sale of multiple rifles or "long guns." Demand Letter 3 was so named because it would be the third ATF program demanding gun dealers report tracing information.
On July 14, 2010 after ATF headquarters in Washington D.C. received an update on Fast and Furious, ATF Field Ops Assistant Director Mark Chait emailed Bill Newell, ATF's Phoenix Special Agent in Charge of Fast and Furious:
"Bill - can you see if these guns were all purchased from the same (licensed gun dealer) and at one time. We are looking at anecdotal cases to support a demand letter on long gun multiple sales. Thanks."
More Fast and Furious coverage:
Memos contradict Holder on Fast and Furious
Agent: I was ordered to let guns "walk" into Mexico
Gunwalking scandal uncovered at ATF On Jan. 4, 2011, as ATF prepared a press conference to announce arrests in Fast and Furious, Newell saw it as "(A)nother time to address Multiple Sale on Long Guns issue." And a day after the press conference, Chait emailed Newell: "Bill--well done yesterday... (I)n light of our request for Demand letter 3, this case could be a strong supporting factor if we can determine how many multiple sales of long guns occurred during the course of this case."
This revelation angers gun rights advocates. Larry Keane, a spokesman for National Shooting Sports Foundation, a gun industry trade group, calls the discussion of Fast and Furious to argue for Demand Letter 3 "disappointing and ironic." Keane says it's "deeply troubling" if sales made by gun dealers "voluntarily cooperating with ATF's flawed 'Operation Fast & Furious' were going to be used by some individuals within ATF to justify imposing a multiple sales reporting requirement for rifles."

The Gun Dealers' Quandary
Several gun dealers who cooperated with ATF told CBS News and Congressional investigators they only went through with suspicious sales because ATF asked them to.
Sometimes it was against the gun dealer's own best judgment.
Read the email
In April, 2010 a licensed gun dealer cooperating with ATF was increasingly concerned about selling so many guns. "We just want to make sure we are cooperating with ATF and that we are not viewed as selling to the bad guys," writes the gun dealer to ATF Phoenix officials, "(W)e were hoping to put together something like a letter of understanding to alleviate concerns of some type of recourse against us down the road for selling these items."
Read the email
ATF's group supervisor on Fast and Furious David Voth assures the gun dealer there's nothing to worry about. "We (ATF) are continually monitoring these suspects using a variety of investigative techniques which I cannot go into detail."
Two months later, the same gun dealer grew more agitated.
"I wanted to make sure that none of the firearms that were sold per our conversation with you and various ATF agents could or would ever end up south of the border or in the hands of the bad guys. I guess I am looking for a bit of reassurance that the guns are not getting south or in the wrong hands...I want to help ATF with its investigation but not at the risk of agents (sic) safety because I have some very close friends that are US Border Patrol agents in southern AZ as well as my concern for all the agents (sic) safety that protect our country."
"It's like ATF created or added to the problem so they could be the solution to it and pat themselves on the back," says one law enforcement source familiar with the facts. "It's a circular way of thinking."
The Justice Department and ATF declined to comment. ATF officials mentioned in this report did not respond to requests from CBS News to speak with them.
The "Demand Letter 3" Debate
The two sides in the gun debate have long clashed over whether gun dealers should have to report multiple rifle sales. On one side, ATF officials argue that a large number of semi-automatic, high-caliber rifles from the U.S. are being used by violent cartels in Mexico. They believe more reporting requirements would help ATF crack down. On the other side, gun rights advocates say that's unconstitutional, and would not make a difference in Mexican cartel crimes.
Two earlier Demand Letters were initiated in 2000 and affected a relatively small number of gun shops. Demand Letter 3 was to be much more sweeping, affecting 8,500 firearms dealers in four southwest border states: Arizona, California, New Mexico and Texas. ATF chose those states because they "have a significant number of crime guns traced back to them from Mexico." The reporting requirements were to apply if a gun dealer sells two or more long guns to a single person within five business days, and only if the guns are semi-automatic, greater than .22 caliber and can be fitted with a detachable magazine.
On April 25, 2011, ATF announced plans to implement Demand Letter 3. The National Shooting Sports Foundation is suing the ATF to stop the new rules. It calls the regulation an illegal attempt to enforce a law Congress never passed. ATF counters that it has reasonably targeted guns used most often to "commit violent crimes in Mexico, especially by drug gangs."
Reaction
Sen. Charles Grassley, R-Iowa, is investigating Fast and Furious, as well as the alleged use of the case to advance gun regulations. "There's plenty of evidence showing that this administration planned to use the tragedies of Fast and Furious as rationale to further their goals of a long gun reporting requirement. But, we've learned from our investigation that reporting multiple long gun sales would do nothing to stop the flow of firearms to known straw purchasers because many Federal Firearms Dealers are already voluntarily reporting suspicious transactions. It's pretty clear that the problem isn't lack of burdensome reporting requirements."
On July 12, 2011, Sen. Grassley and Rep. Darrell Issa, R-Calif., wrote Attorney General Eric Holder, whose Justice Department oversees ATF. They asked Holder whether officials in his agency discussed how "Fast and Furious could be used to justify additional regulatory authorities." So far, they have not received a response. CBS News asked the Justice Department for comment and context on ATF emails about Fast and Furious and Demand Letter 3, but officials declined to speak with us.
"In light of the evidence, the Justice Department's refusal to answer questions about the role Operation Fast and Furious was supposed to play in advancing new firearms regulations is simply unacceptable," Rep. Issa told CBS News.

ATF Fast and Furious: New documents show Attorney General Eric Holder was briefed in July 2010

By
Sharyl Attkisson
Topics
News ,
Law and Order
WASHINGTON - New documents obtained by CBS News show Attorney General Eric Holder was sent briefings on the controversial Fast and Furious operation as far back as July 2010. That directly contradicts his statement to Congress.
On May 3, 2011, Holder told a Judiciary Committee hearing, "I'm not sure of the exact date, but I probably heard about Fast and Furious for the first time over the last few weeks."
Yet internal Justice Department documents show that at least ten months before that hearing, Holder began receiving frequent memos discussing Fast and Furious.
Read the new documents
Read the July 5, 2010 memo Read the "It's a tricky case" email Read the memo to AG Holder from Asst. AG Lanny A. Breuer The documents came from the head of the National Drug Intelligence Center and Assistant Attorney General Lanny Breuer.
In Fast and Furious, ATF agents allegedly allowed thousands of weapons to cross the border and fall into the hands of Mexican drug cartels.
Gunwalking scandal uncovered at ATF
It's called letting guns "walk," and it remained secret to the public until Border Patrol Agent Brian Terry was murdered last December. Two guns from Fast and Furious were found at the scene, and ATF agent John Dodson blew the whistle on the operation.
Agent: I was ordered to let guns "walk" into Mexico
(Watch Holder's statement to Congress in May, 2011 below) Ever since, the Justice Department has publicly tried to distance itself. But the new documents leave no doubt that high level Justice officials knew guns were being "walked."
Two Justice Department officials mulled it over in an email exchange Oct. 18, 2010. "It's a tricky case given the number of guns that have walked but is a significant set of prosecutions," says Jason Weinstein, Deputy Assistant Attorney General of the Criminal Division. Deputy Chief of the National Gang Unit James Trusty replies "I'm not sure how much grief we get for 'guns walking.' It may be more like, "Finally they're going after people who sent guns down there."
The Justice Department told CBS News that the officials in those emails were talking about a different case started before Eric Holder became Attorney General. And tonight they tell CBS News, Holder misunderstood that question from the committee - he did know about Fast and Furious - just not the details.

VICTORY: Wyoming Anti-NDAA Bill passes Committee 6-3, on its way to the House

image source
Activist Post

Thanks to your overwhelming support, and the support of other organizations and individuals, Wyoming House Bill 114, the Wyoming Liberty Preservation Act, passed committee 6-3 and will now advance to the House floor.  On Tuesday evening, at the head of a media firestorm, the Transportation Committee held a hearing on the bill, and passed it with a decisive 6-3 vote.

Our battle however, is not yet over.  HB 114 will be debated on the House floor within the next few days.  The deadline for bills to be heard on the house floor is Monday, February 4th, and, if the bill has not come up in committee of the whole by then, it will die due to lack of time left in the session.

Wyoming Rep.  Kendall Kroeker, who introduced the bill, said that he expects a fierce battle in the House, “There are a lot of legislators who are afraid to do anything to challenge the federal government and think we should meekly obey them, regardless of the constitutionality of the actions taken by the federal government.  I believe our rights are worth fighting for and that is what I will continue to do.”


That, is a fight we intend to win. Two days ago, when HB 114 was going to committee, you acted. Hundreds of calls were sent to the members on the committee and that wave of public pressure shifted a possible loss into a decisive victory. Let’s do it again.

Contact the Wyoming House leadership and encourage them to uphold their oath to support and defend the Constitution and bring HB 114 to the Wyoming House floor:


(307) 682-1313
(307) 745-7358


(307) 630-6728
(307) 200-0859


Contact: Barbara Anderson PANDA Wyoming
msiouxcro@yahoo.com

Read other articles and announcements by Activist Post Here

Revealed: Second U.S. building attacked in Libya terror raid was CIA base . . . as it emerges American drones were circling above but were 'too slow' to act

Revealed: Second U.S. building attacked in Libya terror raid was CIA base . . . as it emerges American drones were circling above but were 'too slow' to act

  • Second building in Benghazi had previously been described as an 'annexe'
  • Two SEALs died while defending base a mile away from U.S. consulate
  • American drones were in the sky above city during deadly September 11 raid
By Daily Mail Reporter
|

The 'annexe' to the U.S. consulate in Benghazi which was attacked by militants last month was a CIA building, it has been revealed.
The intelligence base, which has previously been described only as a 'safe house', was the building which two Navy SEALs were defending when they died in the terrorist raid.
It was around a mile from the consulate where ambassador Chris Stevens and diplomat Sean Smith were killed on the night of September 11.
Scroll down for video
Revelation: The second building attacked in the Benghazi raid, pictured, was in fact a CIA base
Revelation: The second building attacked in the Benghazi raid, pictured, was in fact a CIA base

Deadly: Four Americans, including Ambassador Chris Stevens, died in the attack on the U.S. Consulate in Benghazi
Deadly: Four Americans, including Ambassador Chris Stevens, died in the attack on the U.S. Consulate in Benghazi
The secret function of the mysterious second building was revealed today by U.S. officials talking to Fox News.

The news comes just two days after it was revealed that American drones were hovering over Libya's second largest city at the time of the attack, but did not intervene to prevent the slaughter of the four Americans.

The revelation that CIA agents were embedded in the heart of Benghazi raises further questions over the intelligence failures which failed to prevent the deadly attack and then led to it being mislabelled as a spontaneous protest over an anti-Muslim video.
 
U.S. intelligence agents were in Benghazi looking for 20,000 missiles which had been used by Muammar Gaddafi's army, in an effort to stop them falling into the hands of Islamist militias.

It is unclear exactly how many CIA operatives were stationed at the base, but officials said that two aircraft were required to lift all agents and diplomats out of Benghazi.

Two weeks ago, officials from the State Department speaking at a congressional hearing exhibited a map of Benghazi with the CIA station marked on it, but were asked to remove the map.

Killed: Ambassador Christopher Stevens died following smoke inhalation
Agent Sean Smith died in desperate battle to save ambassador
Killed: Ambassador Christopher Stevens (left) died following smoke inhalation, while agent Sean Smith (right) died in a desperate battle
Tyrone Woods
Tyrone Woods
Heroic: Former Navy SEALs Glen Doherty (left) and Tyrone Woods (right) were killed in a mortar attack on a building which has now been revealed to be a CIA base
On Saturday, Gary Berntsen told CBS News that U.S. military officials had been able to watch the attack through unmanned aerial drones in the sky above Benghazi, and criticised them for being too slow to respond.

'They stood, and they watched, and our people died,' he said.

Defense Department officials considered sending troops in to rescue the ambassador and staff, but ultimately decided not to.
Stevens repeatedly pleaded with the State Department to ramp up his security team in Libyain the weeks, days and hours leading up to the terrorist attack, newly released cables have revealed.
The ambassador warned officials of a 'security vacuum' in Libya 'that is being exploited by independent actors' in one cable that described rapidly deteriorating security conditions.
'Islamic extremists are able to attack the Red Cross with impunity,' he wrote. 'What we have seen are not random crimes of opportunity but rather targeted discriminate attacks.'
Stevens said the attackers would not be deterred 'until authorities are at least as capable.'
At loggerheads: The Obama administration's handling of the aftermath of the Benghazi attack came to the fore during Tuesday's second presidential campaign debate
Questions: In their debate last Tuesday, President Barack Obama and Republican challenger Mitt Romney argued over when Obama first said it was a terror attack
Just hours before his death, he sent the Pentagon a cable describing 'expanding Islamist influence in Dema,' a town east of Benghazi, and said he was seeing a 'troubling increase in violence and Islamist influence.'
Stevens recapped a meeting in which the commander of Benghazi's Supreme Security Council told him there is 'growing frustration with police and security forces.'
The cables were released by Republican Rep. Darrell Issa of California, the chairman of the U.S. House Oversight and Government Reform Committee, which is investigating the security matters surrounding Stevens' death and questioning whether the State Department could have prevented the deadly attack. 

Less than three weeks ahead of the presidential election, Republicans are using the cables to attack President Obama on his foreign policy, despite the State Department's claim that it was solely responsible for the decisions to deny Stevens' requests for more security in Libya.
'These critical foreign policy decisions are not made by low or mid-level career officials - they are typically made through a structured and well-reasoned process that includes the National Security Council and the White House,' Issa wrote in a letter to Obama on Friday.
The letter claims that Obama had a political motivation in rejecting Stevens' security requests, since the president was eager to show improving conditions in Libya after the U.S.-led international operation that toppled Libya dictator Muammar Gaddafi.
Inferno: Armed attackers dumped cans of diesel fuel and set ablaze the consulate's exterior
Inferno: Armed attackers dumped cans of diesel fuel and set ablaze the consulate's exterior
Siege: The compound came under heavy mortar and gunfire during the attack, which lasted several hours
Siege: The compound came under heavy mortar and gunfire during the attack, which lasted several hours
On August 2, six weeks before Stevens was killed, he requested 'protective detail bodyguard' positions, calling the security situation in Libya 'unpredictable, volatile and violent.'
A month earlier, he requested that the State Department extend his tour of duty personnel, which is a 16-man temporary security team trained in combating terrorism. The request was denied and the security team left on August 8.
Stevens had asked for the security team to stay through mid-September.
Colonel Andrew Wood, the leader of the security team that left Libya in the weeks before the terror attack, told CBS News that Stevens fought hard against losing the team.
'It was quite a degree of frustration on their part,' he said. 'They were - I guess you could say - clenched-fist over the whole issue.
The White House maintained publicly for a week that the attack on the U.S. consulate in Libya was a spontaneous mob upset about an anti-Islam video, even though it has now been revealed that they were informed within 24 hours of the attack that it was planned and carried out by militants.
Haven: Ambassador Stevens and Sean Smith were hiding in a safe room which later filled with diesel smoke
Haven: Ambassador Stevens and Sean Smith were hiding in a safe room which later filled with diesel smoke
Flames, grenades and gunfire: A burnt-out car in front of the U.S. consulate
Flames, grenades and gunfire: A burnt-out car in front of the U.S. consulate
'Your administration has not been straightforward with the American people in the aftermath of the attack,' Issa wrote in his letter to Obama.
In his Rose Garden address the morning after the killings, Obama said, 'No acts of terror will ever shake the resolve of this great nation, alter that character or eclipse the light of the values that we stand for.'

But Republicans say he was speaking generally and didn't specifically call the Benghazi attack a terror attack until weeks later, with the president and other key members of his administration referring at first to the anti-Muslim movie circulating on the Internet as a precipitating event.
Last week, the State Department said that it never believed the 11 September attack on the U.S. consulate was the result of a protest over an anti-Islam movie, contradicting previous statements.
The White House now says the attack was probably carried out by an al Qaida-linked group, with no public demonstration beforehand. Secretary of State Hillary Rodham Clinton blamed the 'fog of war' for the early conflicting accounts.

Issa's committee questioned State Department officials for hours about what Republican lawmakers said was lax security at the consulate, given the growth of extremist Islamic militants in North Africa.
Congressional aides are hoping to use Stevens' cables and information from State Department testimonies to build a timeline of what the intelligence community knew, compared to what the White House was telling the public about the attack.

VIDEO: Clinton takes responsibility for attack on Benghazi Consul:


Read more: http://www.dailymail.co.uk/news/article-2221596/Libya-consulate-attack-Second-U-S-building-attacked-Benghazi-CIA-base.html#ixzz2JcAQSBpa
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