Tag Archives: Obama

Jonathan Turley on DACA | Sep 08, 2017

Executive Authority: How Presidential Statements Could Undermine Both Sides In The Litigation Over DACA

|| JonathanTurley.org

“Below is my column in USA Today on the role that statements from both President Barack Obama and Donald Trump could feature greatly in the unfolding litigation over the rescinding of the DACA order. Ironically, it will be the opposing sides relying on the respective statements from these presidents.

Here is the column.

For Justice Department lawyers, this week must have a maddening familiarity.

The lawyers are in court defending President Obama’s Deferred Action for Childhood Arrivals program. They are also looking at a challenge by New York Attorney General Eric Schneiderman and others to President Trump’s rescission of DACA.

Key to both cases is the doctrine of the separation of powers. Tuesday, the administration staked out the position that DACA was constitutionally flawed as a circumvention of the legislative branch. However, that position was less than 10 hours old when Trump posted a tweet that directly contradicted the legal position of his own administration. Trump suggested that he might reissue DACA or a similar program if Congress does not act — effectively same position as Obama.

It was an all-too-familiar position for the Justice Department. Earlier this year, presidential tweets and comments directly contradicted arguments being used to defend Trump’s immigration ban in court. Those tweets were then used by various courts in rulings against the administration.

However, there is a twist this time. The expected litigation over DACA’s rescission could feature not one but two presidents as witnesses against their own positions: Trump and Obama.

After Attorney General Jeff Sessions quoted from my prior work on the separation of powers in his announcement rescinding DACA, I have certainly heard from many angry people who were aghast that my work would support such a result. It does. As a Madisonian scholar, I believe strongly in clear lines of separation of powers and the need to restore legislative authority after years of unilateral presidential actions. I also happen to support protections for “dreamers,” whose parents brought them here illegally when they were young children. In the end, it was not the merits but the means behind Obama’s program that ran afoul of the Constitution. Regardless of how one feels about amnesty programs, Trump returned DACA to the place it should have remained: in Congress.

Sessions laid out that principled position in favor of the legislative process mandated by the Framers. Yet no sooner had the attorney general explained that position when the president tweeted, “Congress now has six months to legalize DACA (something the Obama administration was unable to do). If they can’t, I will revisit this issue!”

The tweet was widely interpreted to mean that Trump is prepared to do exactly what Sessions said was unconstitutionally done by the Obama administration: Issue an executive action to protect DACA immigrants.

It is hard to see how “revisit” does not mean “reissue.” If so, the tweet undermines the position of the administration in court over DACA and takes away constitutional high ground claimed by Sessions. In the pending litigation, plaintiffs can now argue that DACA is not really dead, and that the president was not serious about leaving it entirely to Congress.

Likewise, any challenge by Schneiderman and others can now cite the tweet as evidence that the separation of powers concerns were not the motivation for the president. Rather, they will argue that Trump, like Obama, has suggested that he could order the same relief if Congress does not yield to his demands.

The tweet also undermined the legislative strategy of the administration. The pressure to get Congress to act seemed to be working after Sessions’ announcement. Many Republicans saw the political costs of the termination of DACA as worse than the costs for passing some protection for these individuals. As soon as that pressure seemed to be motivating members toward action, the tweet reduced that pressure by suggesting that Trump would not allow the program to truly die.

Conversely, Schneiderman and the challengers have their own inconvenient presidential statements to contend with. Some expect challengers to bring a case under the Administrative Procedure Act as a “substantive” (or “legislative”) rule requiring a notice-and-comment period. Putting aside that the rule does not require such a process for “interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice,” Schneiderman and his other challengers never went to court to challenge DACA itself on the same grounds. DACA notably did not go through notice or comment.

Finally, not only can the Justice Department argue that the procedural rule does not apply to a president as a non-agency, the memo creating DACA stated, “This memorandum confers no substantive right, immigration status or pathway to citizenship.”

Likewise, where Trump’s tweets and comments are likely, again, to feature prominently in litigation, Obama’s statements are likely to be equally problematic for challengers. Some challengers are suggesting that DACA may be permanent because of the “estoppel doctrine” — arguing that dreamers relied on the government promise that they could remain.

However, in his issuing of the DACA order, Obama expressly stated that it is “not a permanent fix. This is a temporary stopgap measure.” Obama also said he could not change federal immigration law through his executive orders.

Thus, Obama and his administration are on record undermining claims under both the procedural rule and estoppel. Ultimately, the challengers will be in the unenviable position of arguing that Trump’s rescinding DACA requires notice and comment when Obama’s implementation of DACA did not.

Moreover, challengers are suggesting that Obama had inherent presidential authority to bar the enforcement of federal law, but that Trump cannot use the same authority to enforce it. Finally, they will have to argue that people already in this country unlawfully have an enforceable promise despite Obama saying that he could not change the law or make any permanent promises.

The deepening uncertainty over presidential statements and the status of DACA only reinforces the wisdom of the Framers in forcing such major decisions into the legislative process. What we need is additional legislation, not proclamations. Otherwise, the upcoming litigation is going to get awfully confusing.

Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University, is a member of USA TODAY’s Board of Contributors.”

…Continue reading more @ JonathanTurley.org

 

University Of California President Sues Over DACA Rollback

|| Daily Caller

FILE – In this Nov. 19, 2014 file photo, University of California President Janet Napolitano listens to student speakers during a meeting of the university Board of Regents in San Francisco. California’s auditor said Tuesday, March 29, 2016, the University of California has undermined residents by admitting a growing number of nonresident students, some of whom were not as qualified as in-state students. (AP Photo/Eric Risberg, File)

“The University of California became the first college Friday to sue the Trump administration over its decision to rollback the Deferred Action for Childhood Arrivals program.

UC president Janet Napolitano, who helped form the DACA program in 2012, filed the lawsuit in a federal court, alleging that the Trump administration’s decision violated the rights of the students who participate in the program, reports KTVU.

“Neither I, nor the University of California, take the step of suing the federal government lightly, especially not the very agency that I led,” Napolitano said. “It is imperative, however, that we stand up for these vital members of the UC community. To arbitrarily and capriciously end the DACA program, which benefits our country as a whole, is not only unlawful, it is contrary to our national values and bad policy.”

Napolitano was serving as the secretary of the Department of Homeland during the Obama administration when she helped form DACA, which gives children brought to the United States illegally two year work permits to stay in the country. The Trump administration announced Tuesday that they would be rescinding the program with a six month delay in order to allow Congress time to act if they want.

Napolitano’s lawsuit argues that rolling back DACA will harm the University of California by taking away productive students and that the Trump administration did not take the proper steps when deciding to cancel the program.

“The University has constitutionally-protected interests in the multiple educational benefits that flow from a diverse student body. If these students leave the University before completing their education, UC will lose the benefits it derives from their contributions, as well as the value of the time and money it invested in these students,” the lawsuit says.

There are currently 800,000 illegal immigrants who receive DACA in the United States. Approximately 4,000 illegal immigrant students attend the UC campus, a good portion of which are students who are on DACA.”

…Continue reading more @ Daily Caller

 

 

The Unfairness Of DACA

|| Hot Air

“The point I’m trying to illustrate here is that fairness in immigration policy has to be understood in the context of scarcity. The demand for U.S. residency, given how wealthy the country is, vastly outstrips the supply of immigration spots that America offers or can realistically offer. Moreover, no country on earth has a fully open-borders policy as a matter of law.

The question of justice that arises, then, is this: Is it fair to all those people who want to come to the U.S. but cannot (owing to oceans and immigration laws) that people in violation of U.S. immigration law are allowed to stay? You might say that the fact that DACA-eligible individuals were brought as children defeats these considerations of fairness. But what of the millions of Bangladeshi children, many of whom have nothing but a sweatshop to look forward to? They would have loved to grow up in the U.S.

And what of the children who were brought into the U.S. legally? DACA offers no protections to such individuals. Many of the visas the U.S. offers, including the F-1 student visa and the H1-B, are temporary, and many children are brought to the U.S. as dependents by parents who have such visas. Such a child can be in the same situation as a DACA recipient: She grew up mostly in the U.S., but would have to leave once her parents’ visa runs out.”

….Continue reading more @ Hot Air

Worse than Watergate: Obama’s Wiretaps Crossed Every Line | Mar 05, 2017

Obama Advisor Rhodes Is Wrong: The President Can Order A Wiretap, And Why Trump May Have The Last Laugh

– ZeroHedge | Tyler Durden

Following Trump’s stunning allegation that Obama wiretapped the Trump Tower in October of 2016, prior to the presidential election, which may or may not have been sourced from a Breitbart story, numerous Democrats and media pundits have come out with scathing accusations that Trump is either mentally disturbed, or simply has no idea what he is talking about.

The best example of this came from Ben Rhodes, a former senior adviser to President Obama in his role as deputy National Security Advisor, who slammed Trump’s accusation, insisting that “No President can order a wiretap. Those restrictions were put in place to protect citizens from people like you.” He also said “only a liar” could make the case, as Trump suggested, that Obama wire tapped Trump Tower ahead of the election.

It would appear, however, that Rhodes is wrong, especially as pertains to matters of Foreign Intelligence Surveillance, and its associated FISA court, under which the alleged wiretap of Donald Trump would have been granted, as it pertained specifically to Trump’s alleged illicit interactions with Russian entities.

In Chapter 36 of Title 50 of the US Code *War and National Defense”, Subchapter 1, Section 1802, we read the following:

(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that—

(A) the electronic surveillance is solely directed at—
(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801(a)(1), (2), or (3) of this title; or
(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title;

(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and

(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801(h) of this title; and
if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.

While (B) seems to contradict the underlying permissive nature of Section 1802 as it involves a United States person, what the Snowden affair has demonstrated all too clearly, is how frequently the NSA and FISA court would make US citizens collateral damage. To be sure, many pointed out the fact that Fox News correspondent James Rosen was notoriously wiretapped in 2013 when the DOJ was investigating government leaks. The Associated Press was also infamously wiretapped in relation to the same investigation.”

….Continue reading @ ZeroHedge

Yes, There Could Be Serious Legal Problems if Obama Admin Involved in Illegal Surveillance

– LawNewz

“President Trump recently tweeted claiming that former President Obama wiretapped him during his campaign. One can only imagine how nuts the media would have gone if the roles had been reversed: President Trump wiretapping either Obama or the Clintons, though his DOJ could have authority to do just that given the expansive leaks of intelligence information by Obama and Clinton supporters the last few months. Heck, he could wiretap the media at this point, legally and legitimately, as the sources of these unlawful leaks, for which Obama himself set precedent. Do liberals understand what Pandora’s Box Obama opened up by Obama using the powers of the NSA, CIA and FBI to spy on his political opponents? Even Nixon never did that.

If the stories are correct, Obama or his officials might even face prosecution. But, we are still early in all of this and there are a lot of rumors flying around so the key is if the reports are accurate. We just don’t know at this time. The stories currently are three-fold: first, that Obama’s team tried to get a warrant from a regular, Article III federal court on Trump, and was told no by someone along the way (maybe the FBI), as the evidence was that weak or non-existent; second, Obama’s team then tried to circumvent the federal judiciary’s independent role by trying to mislabel the issue one of “foreign agents,” and tried to obtain a warrant from the Foreign Intelligence Surveillance Act “courts”, and were again turned down, when the court saw Trump named (an extremely rare act of FISA court refusal of the government, suggesting the evidence was truly non-existent against Trump); and so, third, Obama circumvented both the regular command of the FBI and the regularly appointed federal courts, by placing the entire case as a FISA case (and apparently under Sally Yates at DOJ) as a “foreign” case, and then omitted Trump’s name from a surveillance warrant submitted to the FISA court, which the FISA court unwittingly granted, which Obama then misused to spy on Trump and many connected to Trump. Are these allegations true? We don’t know yet, but if any part of them are than Obama and/or his officials could face serious trouble.

Can a President be charged with a crime? Only once out of office. While in office, impeachment remains the exclusive remedy in order to avoid a single judicial branch trying to overturn an election, such as a grand jury in any part of the country could. Once out of office, a President remains immune from civil liability for his duties while President, under a 1982 decision of the United States Supreme Court. However, as the Nixon pardon attests, nothing forecloses a criminal prosecution of the President after his presidency is complete for crimes against the country. Obama, the Constitutional lawyer, should know that.

At the outset, the NSA should have never been involved in a domestic US election. Investigating the election, or any hacking of the DNC or the phishing of Podesta’s emails, would not be a FISA matter. It does not fit the definition of war sabotage or a “grave” “hostile” war-like attack on the United States, as constrictively covered by FISA. It is your run-of-the-mill hacking case covered by existing United States laws that require use of the regular departments of the FBI, Department of Justice, and Constitutionally Senate-appointed federal district court judges, and their appointed magistrates, not secretive, deferential FISA courts.”

…..Continue reading @ LawNewz

 

Soros Hack Gold: Soros Owned Obama on Immigration Limit of Unvetted ‘Refugees’ | Aug 2016

Hacked Memo: George Soros Lobbied Obama To Accept 100,000 Refugees Per Year — and Succeeded

– Breitbart Jerusalem

turkey-migrants-640x480

“TEL AVIV – Hacked documents from George Soros’s Open Society Institute state that the billionaire and his foundation helped to successfully press the Obama administration into increasing to 100,000 the total number of refugees taken in by the U.S. annually, Breitbart Jerusalem has found.

The documents reveal that the billionaire personally sent President Obama a letter on the issue of accepting refugees.

The hacked memo also shows that the billionaire’s foundation pressed the U.S. government to enact two other major policy objectives regarding the intake of Syrian refugees. A timeline demonstrates that at last one of those policies – providing more financing to overseas refugee efforts – was indeed implemented by the Obama administration, while it isn’t clear whether the administration was reacting directly to the Soros group’s campaign in that case.

The information was contained in a detailed 69-page Open Society report on the agenda of an Open Society U.S. Programs board meeting held in New York from October 1 to October 2, 2015.

Regarding the increase in the total number of refugees accepted annually by the U.S., the board meeting memo states that, before the meeting, Soros himself, as well as the Open Society Foundation and a coalition of groups supported by Soros, had already helped to successfully lobby the Obama administration to take in 100,000 refugees starting in 2017 as opposed to the earlier quota of 70,000.

“In the face of this pressure, the Obama administration announced Sept. 20 that by 2017, it would raise to 100,000 the total number of refugees the U.S. takes worldwide each year,” the document states.

See the memo and more @ Breitbart.

 

Hillary ‘Extremely Careless with National Security’ | July 2016

Comey Calls Clinton’s Server ‘Extremely Careless’

– FoxNews | Youtube

– “I continue to believe she has not jeopardized national security….but there’s a, uh, uh, a carelessness in terms of managing……..emails.”

 

‘Any person in her position should have known….Extremely Careless with National Security….’

– Youtube

 – Hillary was extremely careless with national security information. In a serious world, where weakness is tested, it is a good thing Hillary was not entrusted with radioactive or biologically dangerous material.
Imagine if she handled such material in a ‘careless manner?’
Now imagine Hillary entrusted with our national security? Why is she not prosecutable. If it were an ordinary citizen she would be seeking bail.
No wonder Hillary Clinton is laughing. The law is for the ‘little people’ no doubt./CJ

 

 

Obama’s Amnesty DOA at Supreme Court | June 2016

Deadlocked Supreme Court Deals Critical Blow to Obama’s Illegal Amnesty

– the Hill

obo23

A divided Court affirmed a nation-wide injunction on President Barack Obama’s 2014 deferred-action policy

“The Supreme Court dealt a critical blow to President Obama’s immigration policies on Thursday, deadlocking in a 4-4 decision over two controversial programs the White House wants to implement.

The tied vote leaves in place a lower court ruling that blocks a program allowing undocumented immigrants who are parents of U.S. citizens or lawful permanent residents to remain in the United States for three years and apply for work permits.

It also prevents the administration from otherwise expanding the Deferred Action for Childhood Arrivals (DACA) program issued by Obama in 2012.

This is the most prominent Supreme Court case to stall in a 4-4 tie, and it raises the stakes further in this fall’s presidential election.

After Justice Antonin Scalia died in February, Obama nominated federal Judge Merrick Garland to the court.

But Senate Republicans, even before that nomination, said they would not hold a vote or a hearing for anyone nominated by Obama, arguing the pivotal vote on the high court should be determined by the next president.

The White House and Democrats in Congress have howled in rage over that move, and Thursday’s decision will increase tensions over the Senate blockade.

Obama in an appearance from the White House press briefing room decried what he called the “lack” of a decision by the eight-justice court.

“The fact the Supreme Court wasn’t able to issue a decision today doesn’t just set the system back even further, it takes us further back from the country we want to be,” he said.

 

Democratic Party standard-bearer Hillary Clinton has backed the president’s actions and said she would go even further as president to reshape immigration policy.

“Today’s deadlocked decision from the Supreme Court is unacceptable, and shows us all just how high the stakes are in this election,” she said in a statement.

Presumptive Republican nominee Donald Trump has pledged to place tough new restrictions on illegal immigration, including the construction of a massive wall along the U.S.’s southern border that he says Mexico will pay for.

Republicans hailed the high court’s vote.

“The Supreme Court’s ruling makes the president’s executive action on immigration null and void,” Speaker Paul Ryan (R-Wis.) said in a statement. “The Constitution is clear: The president is not permitted to write laws — only Congress is. This is another major victory in our fight to restore the separation of powers.”

Thursday’s action does not affect the original DACA decision by Obama that allows certain children who entered or stayed in the United States illegally to remain in the country and apply for work permits.

Twenty-six Republican-led states sued the federal government over the expansion of that program, as well as the new program for parents, after the president issued fresh executive actions in November 2014.

The states claimed they would be burdened by having to spend more on public services like healthcare, law enforcement and education if undocumented parents of both American citizens and legal permanent residents were allowed to stay in the country.

Texas, specifically, said it would be hurt by having to issue more driver’s licenses, a benefit that’s now subsidized.”

…Continue reading @ the Hill

 

 

Obama: SCOTUS Ruling Doesn’t Change My ‘Priorities’ — I’m Still Not Deporting Most Illegals

– Daily Caller

obo1

President defies Supreme Court

Speaking shortly after the Supreme Court’s immigration decision, President Obama made it “very clear” that deporting illegal immigrants is not a priority of his administration.

On Thursday morning, Supreme Court upheld an injunction on Obama’s 2014 Deferred Action for Parents of Americans and Lawful Permanent Residents policy by a 4-4 split vote.

The executive order would have granted work permits and legal status to millions of illegal immigrants living in the United States.

“What was unaffected by today’s ruling, or lack of a ruling, is the enforcement priorities that we’ve put in place,” the president stated. “Our enforcement priorities have been laid out by Secretary Jeh Johnson and the Department of Homeland Security are pretty clear.”

– From the comment section: “People are basically fed up with all the romanticizing of people coming into the country illegally and going to the front of the line. When you have a government at any level that rigidly enforces every nuance of the law on its citizens, but willingly and openly bends those laws to accommodate illegal aliens, all that it does is breed cynicism toward the government and resentment of the illegal aliens who get preferred treatment.
….Continue reading @ Daily Caller

Supreme Court Decision Agrees with Constitutional Scholar Obama

– Youtube

– Apparently, 2008 presidential candidate Obama agrees with 2016 Supreme Court decision.

 

From Nov 2015:

 

Fifth Circuit Rules President Obama Violated Constitution On Unilateral Immigration Changes

– JonathanTurley.org

jt11

“A federal appeals court said President Obama’s own words claiming powers to “change the law” were part of the reason it struck down his deportation amnesty, in a ruling late Monday that reaffirmed the president must carry out laws and doesn’t have blanket powers to waive them.

US-CourtOfAppeals-5thCircuit-SealThe United States Court of Appeals for the Fifth Circuit has ruled that President Barack Obama violated the Constitution in order unilateral changes to immigration laws in the latest such ruling against executive overreach by the President. The President’s own words were used by the panel to rule that he intended to unilaterally change the law.

Some 26 states sued to stop the amnesty as violative of the Immigration and Nationality Act. President Obama ordered Deferred Action for Parental Arrivals, or DAPA, to grant up to 5 million illegal immigrants a proactive three-year stay of deportation and to give them work permits. To qualify, illegal immigrants had to be parents of U.S. citizens or legal permanent resident children.

Smith added that the Justice Department seemed to stumble over the remarks: “At oral argument, and despite being given several opportunities, the attorney for the United States was unable to reconcile that remark with the position that the government now takes.”

Deferred action, however, is much more than nonenforcement: It would affirmatively confer “lawful presence” and associated benefits on a class of
unlawfully present aliens. Though revocable, that change in designation would trigger (as we have already explained) eligibility for federal benefits—for example, under title II and XVIII of the Social Security Act99—and state benefits—for example, driver’s licenses and unemployment insurance—that would not otherwise be available to illegal aliens.

I testified (here and here and here) and wrote a column on President Obama’s increasing circumvention of Congress in negating or suspending U.S. laws. I ran another column listing such incidents of executive over-reach. My prior testimony has discussed unilateral actions in the immigration field that do raise separation issues.

Major changes in these areas should not be the result of unilateral action in my view. The Madisonian system is designed to allow different constituencies to come to bear in the bicameral system to take factional disputes and convert them into majoritarian compromises. The result has greater legitimacy as the result of the legislative process and often constitutes a better process after being put through the difficult drafting and amendment process. During times of division, less may get done. Both sides must either compromise or seek to change the balance of power in the next election. If the country and Congress is too divided to reach a compromise, unilateral action will only deepen the questions of legitimacy and over-reach.”

…Continue reading more @ JonathanTurley.org

Here is the opinion: Texas v. United States

Obama Scrubs ‘Allah’ from Muslim Terror in Orlando | June 2016

Obama Replaces “Allah” with “God” in Edited Transcripts of Orlando Killer’s Calls During Muslim Murderous Rampage

– theGatewaypundit

Sen. Barack Obama, D-Ill., speaks to LULAC on Tuesday, July 8, 2008 in Washington. (WDCPIX.COM/Lauren Victoria Burke)
Sen. Barack Obama, D-Ill., speaks to LULAC on Tuesday, July 8, 2008 in Washington. (WDCPIX.COM/Lauren Victoria Burke)
Like Something out of ‘1984’ Obama Admin sends Muslim rhetoric during attack down the ‘memory hole’

This is sickening.
The Obama administration replaced “Allah” with “God” in the edited transcripts of the Orlando killer’s calls during his siege on the Pulse nightclub.

Infowars reported:

The Justice Department replaced references to ‘Allah’ with ‘God’ in an edited transcript of the 911 call Orlando jihadi Omar Mateen made during the Pulse night club attack.

During the call, Omar Mateen made an Islamic prayer in which he said:

Praise be to Allah, and prayers as well as peace be upon the prophet of Allah [in Arabic]. I let you know, I’m in Orlando and I did the shootings.

In comparison, the edited DOJ transcript says:

Praise be to God, and prayers as well as peace be upon the prophet of God [in Arabic]. I let you know, I’m in Orlando and I did the shootings.

It’s obvious the Obama administration is doing everything it can to downplay the Islamic connection to the attack, all while demonizing Christians and gun owners.

…More @theGatewaypundit.com

 

‘See No Sharia’: FBI Releases Censored Transcript of Orlando Jihadi’s Islamic State Pledge

– Breitbart

lynch1

“We are not, and never will be, at war with Islam” – Barack Hussein Obama

The FBI released today a partial transcript of the Orlando shooter’s mid-massacre calls to 911. It was sanitized to conform to the Obama party line: The attack has no connection to the Islamic State or, for that matter, to Islam.

As Attorney General Loretta Lynch Lynch put it: “What we’re not going to do is further proclaim this man’s pledges of allegiance to terrorist groups, and further his propaganda.”

So, transcribed evidence that “this man,” Omar Mateen, swore loyalty to ISIS, shouted “allahu akhbar” as he killed his victims, or otherwise embraced the totalitarian, homophobic doctrine adherents like him call “sharia” is not going to be made public. This will facilitate the narrative actively promoted over the past week (notably, on part of what Ben Rhodes called Team Obama’s “echo chamber“) to the effect that Mateen: had “behavioral problems”; engaged in “domestic violence”; was into controlling, as well as abusing, his first and second wives; and had “problems with his sexuality,” including “a latent attraction to men.”

The President and his apologists would have us believe that only by exercising such self-restraint can we avoid empowering the inexplicably motivated “violent extremists.” They insist that, were we to declare our enemies are, instead, part of a global jihad movement, and that its wellspring is sharia, we would legitimate their claim to religious authority and bring on a clash of civilizations.

Unfortunately, the jihadists know that their supremacist conduct has religious legitimacy. So do the authorities of their faith.  And so do many of the Muslims who do not embrace or want to live under sharia – let alone impose it on the rest of us.”

….Continue reading @ Breitbart

 

President Obama and Attorney General Loretta Lynch Have a “Terror Truth” Problem…

– theConservateTreehouse.com

loretta-6

It is not accidental that Loretta Lynch was featured on all five major broadcasts for the Sunday news cycle (Topic Orlando Terrorism).   You might well remember the last time a key administration official named Susan Rice met with an almost identical Sunday schedule (Topic Benghazi Terrorism).

General Lynch’s Sunday talk visibility is yet another example of the Obama administration’s risk management reference manual, The Obfuscation Playbook.

The difference between Rice’s 2012 appearance and Lynch’s 2016 version is: this time we know the play.  We also know exactly what the administration risk is, even IF the media won’t discuss it, and we’ll explain below.

There is a transparent rift within the FBI community;  an internal fight within our own systems of legal / investigative governance and the White House.   The numerous leaks from within the FBI investigation of Orlando are highlighting the internal war.  It takes a cabinet member to try and create the strongest position for the White House.

Here’s a generic representation of the story as it has appeared. Most media use a similar version to explain.  You’ve already read numerous accounts of this story, but pay very close attention to the part highlighted:

(CNSNews.com) – FBI Director James Comey said at a press conference Monday that his agency conducted a 10-month investigation in May 2013 of the Orlando shooter, Omar Mateen, during which time he blamed his statements of aspirational martyrdom on coworkers he felt were teasing him.

“We first became aware of him in May of 2013. He was working as a contract security guard at a local courthouse, and he made some statements that were inflammatory and contradictory that concerned his co-workers about terrorism,” Comey said.

“First he claimed family connections to al Qaeda. He also said he was a member of Hizbollah, which is a Shia terrorist organization that is a bitter enemy of the so-called Islamic State – ISIL. He said he hoped that law enforcement would raid his apartment and assault his wife and child so that he could martyr himself,” Comey added.

“When this was reported to us, the FBI’s Miami office opened a preliminary investigation, and over the next 10 months, we attempted to determine whether he was possibly a terrorist – something we do in hundreds and hundreds of cases all across the country,” Comey said.

“Our investigation involved introducing confidential sources to him, recording conversations with him, following him, reviewing transactional records from his communications and searching all government holdings for any possible connections, any possible derogatory information. We then interviewed him twice,” Comey added.

Comey said during the FBI’s interview, Mateen admitted to making the statements his coworkers reported, but said “he did it in anger, because he thought his coworkers were discriminating against him and teasing him because he was Muslim.”

“After 10 months of investigation, we closed the preliminary investigation,” Comey said. (link)

Notice how many times the word “coworkers” is used.  In almost every article written about that incident you will see this same portrayal and the same minds’ image it creates around “coworkers“.

Think about how you (yourself) picture that 2013 event in your own mind from those paragraphs above.

Remember, the outcome of this 2013 incident (and the series of investigative events) was Mateen being removed from federal courthouse duty, and being reassigned to a guard shack at a gated community.

Let’s look at the situation from another angle; from the angle of the “coworkers” who are now on record; who are these “coworkers“:

[…]  A Sheriff deputy at the courthouse mentioned the Middle East to Mateen, who reacted by threatening the deputy, said Sheriff Ken Mascara, who attended the Wednesday night meeting at the community’s Island Club.

Omar became very agitated and made a comment that he could have al-Qaida kill my employee and his family,” Mascara said Wednesday. “If that wasn’t bad enough, he followed it up with very disturbing comments about women and followed it up with very disturbing comments about Jews and then went on to say that the Fort Hood shooter was justified in his actions.”

The FBI launched an investigation into Mateen after Sheriff’s Office officials reported the incident to the agency. (link)

These were not just simply “coworkers”, these were Sheriff’s deputies who are officially stationed at the federal courthouse.   It was not some arbitrary internal courthouse employee who was concerned, it was LAW ENFORCEMENT.

See a difference?

The St. Lucie County Sheriff’s Department was concerned about Mateen and contacted the FBI to report his sketchy behavior.   These were not the concerns of some untrained, arbitrary, antagonistic internal, line-level co-worker per se’, these were the concerns of full duty police officers in charge of courthouse security.

Does that change the perspective a little?

It should.

This was not a citizen seeing something and saying something, this was law enforcementseeing something and saying something to the upper levels of the entire security apparatus where seeing something and saying something is supposed to make a difference.

Would it make a difference if a County Sheriff called the FBI as opposed to George and Sally Citizen who own the dry cleaning shop?…. A person would think, why yes – it should make a difference.

The intellectually honest reality (as it appears) is that the FBI investigators were so frozen with political correctness, even when law enforcement is the one reporting the risk they still can’t find a way to isolate and identify the risk appropriately.

That’s a big effen’ admission.

That would be too politically toxic an admission to make.

How do you tamp down the severity of such an explosive story?  You attempt to twist the motive away from direct terrorism.  How do you twist the motive?  Consider:

Lynch: “Partial Transcript” Of Orlando 911 Calls Will Have References To Islamic Terrorism Removed

In an interview with NBC’s Chuck Todd, Attorney General Loretta Lynch says that on Monday, the FBI will release edited transcripts of the 911 calls made by the Orlando nightclub shooter to the police during his rampage.

“What we’re not going to do is further proclaim this man’s pledges of alleigance to terrorist groups, and further his propaganda,” Lynch said. “We are not going to hear him make his assertions of allegiance [to the Islamic State].”(link)

Easy peasy. Just remove the motive and presto – not Islamic Terrorism.  See how that works?

…Continue reading @ theConservativeTreehouse.com

 

Memory hole

– Wikipedia

1984a

“A memory hole is any mechanism for the alteration or disappearance of inconvenient or embarrassing documents, photographs, transcripts, or other records, such as from a website or other archive, particularly as part of an attempt to give the impression that something never happened. The concept was first popularized by George Orwell’s dystopian novel Nineteen Eighty-Four, where the Party’s Ministry of Truth systematically re-created all potential historical documents, in effect, re-writing all of history to match the often-changing state propaganda. These changes were complete and undetectable.”

….More here @ Wikipedia

Obama Lectures USA After Orlando Islamic Terror | June 2016

Outraged OBAMA Lectures GOP on His Refusal to Use Term RADICAL ISLAM

– BBC

“A Chinese proverb: “The beginning of wisdom is to call things by their right names.” – JonathanTurley.org

– Not sure what Obama is grinning about while he talks about the murderous rampage in Orlando, but Obama lectures us like we are at fault somehow.

– Obama assures us the commitment of members of the federal government in their pursuit of terrorists should not be questioned.

No one is questioning that. Some of us are starting to question the commitment that begins at the top. So stop grinning, this is not a time for levity, cheap shots or ‘okie doke.’ 

– We know his commitment to golf, but we’re not as sure about his commitment to fighting a foe it took him 7.5 years to call out by name.

– In fact names do matter for a foe. If you cannot name it, you cannot defeat it. Apparently, Obama would not have used the phrase ‘Japanese Imperialism’ in World War II. It might have resulted in hurt feelings.

And Pearl Harbor would have been a simple ‘territorial dispute’ no doubt from his point of view./CJ

…More here @ theGatewaypundit.com

 

Obama: U.S. safe against ISIS threat

– CBS

obumbo1

In a Nov  2015 CBS interview President Obama said that while ISIS is a threat, the United States was safe against an attack.

What changed and how can he be so clueless in the face of this threat with the full force and might of the entire US government at his disposal? 

See the video here.

 

Video: Obama talking about ‘My Muslim Faith’ on ABC News

– Youtube

…More here @ Youtube

 

 

DHS Ordered Me to Scrub records of Muslims with Terror ties – Philip Haney

– theHill.com

dhs_0

After the Christmas Day attack, in early November 2009….

“Most Americans were unaware of the enormous damage to morale at the Department of Homeland Security, where I worked, his condemnation caused. His words infuriated many of us because we knew his administration had been engaged in a bureaucratic effort to destroy the raw material—the actual intelligence we had collected for years, and erase those dots. The dots constitute the intelligence needed to keep Americans safe, and the Obama administration was ordering they be wiped away.

After leaving my 15 year career at DHS, I can no longer be silent about the dangerous state of America’s counter-terror strategy, our leaders’ willingness to compromise the security of citizens for the ideological rigidity of political correctness—and, consequently, our vulnerability to devastating, mass-casualty attack.

Just before that Christmas Day attack, in early November 2009, I was ordered by my superiors at the Department of Homeland Security to delete or modify several hundred records of individuals tied to designated Islamist terror groups like Hamas from the important federal database, the Treasury Enforcement Communications System (TECS). These types of records are the basis for any ability to “connect dots.”  Every day, DHS Customs and Border Protection officers watch entering and exiting many individuals associated with known terrorist affiliations, then look for patterns. Enforcing a political scrubbing of records of Muslims greatly affected our ability to do that. Even worse, going forward, my colleagues and I were prohibited from entering pertinent information into the database.

A few weeks later, in my office at the Port of Atlanta, the television hummed with the inevitable Congressional hearings that follow any terrorist attack. While members of Congress grilled Obama administration officials, demanding why their subordinates were still failing to understand the intelligence they had gathered, I was being forced to delete and scrub the records. And I was well aware that, as a result, it was going to be vastly more difficult to “connect the dots” in the future—especially beforean attack occurs.

As the number of successful and attempted Islamic terrorist attacks on America increased, the type of information that the Obama administration ordered removed from travel and national security databases was the kind of information that, if properly assessed, could have prevented subsequent domestic Islamist attacks like the ones committed by Faisal Shahzad (May 2010), Detroit “honor killing” perpetrator Rahim A. Alfetlawi (2011); Amine El Khalifi, who plotted to blow up the U.S. Capitol (2012); Dzhokhar or Tamerlan Tsarnaev who conducted the Boston Marathon bombing (2013); Oklahoma beheading suspect Alton Nolen (2014); or Muhammed Yusuf Abdulazeez, who opened fire on two military installations in Chattanooga, Tennessee (2015). ”

…Continue reading more by Philip Haney @ theHill.com

– Does this qualify as ‘aid and comfort’ to the enemy? Is that why Obama was grinning? /CJ

 

“See Something, Say Nothing” SFR sits down with DHS whistleblower Phil Haney

– Center for Security Policy

1399353783

PHILIP HANEY:

Sure. Tablighi Jamaat is an organisation with between seventy-five and a hundred and twenty-five million members. Outside of America, it’s known as the Army of Darkness. It originated in the 1860s and very soon they found out that they had an identical ideology as Wahhabi Saudis. And so they formed an alliance. That is why you constantly hear about Saudis funding madrassas, schools, in places like Pakistan, India, and Bangladesh. That is essentially the Deobandi movement, the branch of Islam that originated out of the Asian subcontinent.

 

FRANK GAFFNEY:

So talk about this group, how this Tablighi Jamaat performs its role as the Army of Darkness in this larger enterprise.

PHILIP HANEY:

They are evangelists. They travel in groups of two, three, four and five and they go around the world and they visit the mosques in the countries where they go. To encourage the believers to become more Salafi, to become more observant of the original way of Islam. I noticed in 2006 that these groups of men were coming in from the UK, primarily, on visa waiver. We’ve heard a lot about visa waiver lately, about the holes in the system. Well, I noticed they were coming in on visa waiver and they had letters signed by an imam that was already on our law enforcement radar. So that immediately made them worth a secondary investigation, a discussion.

Why are you here? Where are you going? What do you intend to do? Well, that case began in 2006 and by 2011, five years later, I was sent to the National Targeting Center to work on it there in Washington, DC. On my own case that I actually started six years prior – five years prior. And the long and short of it is, that in March of 2012, after we had already gotten twelve hundred law enforcement actions based on this case, the Tablighi Jamaat initiative, the Department of State came in one day and we had a meeting with the management of NTC. And they said they had concerns about our focus on Tablighi Jamaat. Because they were not a designated terrorist organisation and we may be violating their civil rights and civil liberties.

FRANK GAFFNEY:

Their civil rights and civil liberties? These are people coming from elsewhere in the world through Britain. They have civil rights and civil liberties under US law?

PHILIP HANEY:

Yeah. They are essentially, by default, extending them constitutionally mandated civil rights and civil liberties because of their concern that we might be discriminating against them because we’re focusing on this group called Tablighi Jamaat.

FRANK GAFFNEY:

Tell us what happened next after Hillary Clinton’s lawyers and officials from the State Department told you to cease and desist.

PHILIP HANEY:

Well, we’ll fast forward to San Bernardino. The mosque that Syed Farook attended was part of that Tablighi Jamaat network. The administration deleted sixty-seven records out of the system that I had worked on as a component of the Tablighi case. So the question remains, if those records had not been deleted, it’s very plausible that Syed Farook would have never been able to travel to Saudi Arabia and it’s also just as plausible that his pending fiancée would have never been given a visa. And then we would have stopped the attack.”

….Continue reading @ Center for Security Policy

 

Treasons’ Return

– Yale Law Journal

“On October 11, 2006, the Department of Justice indicted Adam Gadahn on charges of treason and giving material support to a designated foreign terrorist organization. The indictment alleged that Gadahn, an American citizen, “knowingly adhered to an enemy of the United States, namely, al-Qaeda, and gave al-Qaeda aid and comfort . . . with intent to betray the United States.” Gadahn allegedly betrayed the United States by appearing in five al Qaeda videos in which he ranted in English against the United States, praised the September 11 attacks, and touted al Qaeda’s ability to attack again. Because Gadahn’s alleged crimes consist solely of participating in propaganda videos, his case strongly resembles the last wave of treason prosecutions of American civilians, many of which targeted citizens who served as propagandists for Germany and Japan during World War II. In those prosecutions, the government employed an “aid and comfort” theory of treason; today, that theory raises First Amendment problems.

Instead, the government should prosecute Gadahn under the “levying war” prong of the Treason Clause on the basis of his participation in a campaign of psychological warfare against the United States.

Treason, as defined by the Constitution and by federal statute, means either “levying war” against the United States or “adhering to [the United States’] enemies, giving them aid and comfort,” with the intent to betray the United States.

The World War II propagandist cases mention “levying war” only in passing, and instead rest their decisions—all affirming guilty verdicts—on the “aid and comfort” prong. However, the courts have had great difficulty explaining exactly what “aid and comfort” a propagandist provides, by way of either benefit to the enemy or detriment to the United States. In earlier decisions applying the phrase “aid and comfort,” courts faced clearer cases in which the defendants provided concrete materiel to the enemy. For instance, in Haupt v. United States, the Supreme Court upheld the treason conviction of the father of one of the Quirin saboteurs who, with full knowledge and endorsement of his son’s mission of sabotage, supplied him with housing, food, transportation, and employment in the United States. In a Civil War-era case, the Supreme Court found that British residents of the United States had committed treason when they provided saltpeter to the Confederacy with the knowledge that it would be used for gunpowder.”

…Continue reading @ Yale Law Journal