Barack Obama Changed How NSA Intercepts of Americans Could Be Shared

John Solomon and Sara Carter reports: As his presidency drew to a close, Barack Obama’s top aides routinely reviewed intelligence reports gleaned from the National Security Agency’s incidental intercepts of Americans abroad, taking advantage of rules their boss relaxed starting in 2011 to help the government better fight terrorism, espionage by foreign enemies and hacking threats, Circa has learned.

Dozens of times in 2016, those intelligence reports identified Americans who were directly intercepted talking to foreign sources or were the subject of conversations between two or more monitored foreign figures. Sometimes the Americans’ names were officially unmasked; other times they were so specifically described in the reports that their identities were readily discernible. Among those cleared to request and consume unmasked NSA-based intelligence reports about U.S. citizens were Obama’s national security adviser Susan Rice, his CIA Director John Brennan and then-Attorney General Loretta Lynch.

Some intercepted communications from November to January involved Trump transition figures or foreign figures’ perceptions of the incoming president and his administration. Intercepts involving congressional figures also have been unmasked occasionally for some time. Read the rest of this entry »


Supreme Court Resigns Duties, Tortures English Language to Save Obamacare

ObamaOrwell

“If only there was some branch of government designed to review legislative actions, thwarting the intentions of Congress if they conflict with the law… oh, wait, that branch does exist…”

 writes: In his 1946 essay, Politics and the English Language, George Orwell observed that “the slovenliness of our language makes it easier for us to have foolish thoughts.” Today is Orwell’s birthday; it’s also the day the Supreme Court released its 6-3 decision in King v. Burwell, which preserves the Affordable Care Act at the expense of plain English.

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“The majority opinion explains away this blatant contradiction by expressing confidence that architects of the law intended something other than what they wrote—the opposite of it, in fact.”

The majority, led by Chief Justice John Roberts, ruled that the provision of the law mandating an “Exchange established by the State” should be interpreted to include an Exchange not established by any state, but instead by an agency of the federal government, the U.S. Health and Human Services Department.

[More – In Upholding Obamacare’s Subsidies, Justice Roberts Rewrites the Law—Again]

In his spot-on dissent, Associate Justice Antonin Scalia explains why this is an “impossible possibility”:

Justice Scalia testifies on Capitol Hill in Washington

The Court holds that when the Patient Protection and Affordable Care Act says “Exchange established by the State” it means “Exchange established by the State or the Federal
Government.” That is of course quite absurd, and the Court’s 21 pages of explanation make it no less so.…

[Read the full text here, at Reason.com]

Faced with overwhelming confirmation that “Exchange established by the State” means what it looks like it means, the Court comes up with argument after feeble argument to support its contrary interpretation. None of its tries comes close to establishing the implausible conclusion that Congress used “by the State” to mean “by the State or not by the State.”

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The majority opinion explains away this blatant contradiction by expressing confidence that architects of the law intended something other than what they wrote—the opposite of it, in fact. Intent should trump plain English—even when the two directly oppose each other—writes Roberts, because the Court’s job is to defer to the will of lawmakers, and even contort logic to assist them, “if at all possible”: Read the rest of this entry »


Modern Sin: Holding On to Your Belief

nonconformist-bakers

Trying to put florists, bakers and others out of work for unapproved ideas about marriage

Charlotte AllenCharlotte Allen writes: On Tuesday the Supreme Court heard oral arguments in Obergefell v. Hodges, the case that asks whether the Constitution requires states to allow same-sex couples to marry. Four days before the hearing, in Oregon, an administrative-law judge proposed a $135,000 fine against Aaron and Melissa Klein, proprietors of the Sweet Cakes bakery in Gresham, for the “emotional distress” suffered by a lesbian couple for whom the Kleins, citing their Christian belief that marriage is between a man and a woman, had declined to bake a wedding cake in 2013.

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“Media sympathy for the Kleins’ claim that being forced to participate in a same-sex wedding would violate their consciences ranged from nonexistent to…nonexistent. A CNN headline dubbed the Kleins’ since-closed business the ‘anti-gay bakery’; the Huffington Post prefers ‘anti-gay baker.’”

Same-sex marriage wasn’t legal in Oregon when the Kleins made their decision. But the couple was found to have violated a 2008 Oregon law forbidding discrimination in public accommodations on the basis of sexual orientation.

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“The victors have dropped their conciliatory stance. Bubonic plague-level hysteria surged through the media, academia and mega-corporate America in March after Indiana passed a law—modeled on the federal Religious Freedom Restoration Act of 1993—that would enable religious believers to opt out of universally applicable laws under some circumstances.”

Media sympathy for the Kleins’ claim that being forced to participate in a same-sex wedding would violate their consciences ranged from nonexistent to . . . nonexistent. A CNN headline dubbed the Kleins’ since-closed business the “anti-gay bakery”; the Huffington Post prefers “anti-gay baker.”

[Read the full text here, at WSJ]

[Also see Bake Me a Cake — Or Else by Mark Hemingway]

Supporters of the Kleins—who have five children and operated the bakery out of their home—quickly went on the crowdfunding website GoFundMe to try to raise money to help the family pay legal fees and the fine, which still requires approval by the state labor commissioner. The effort managed to raise more than $100,000 in a few hours. human-christ-bookBut then, on Saturday night, GoFundMe abruptly shut down the online appeal because the Kleins’ case involved “formal charges.”

[Check out Charlotte Allen’s book “The Human Christ: The Search for the Historical Jesus at Amazon.com]

The Kleins join a small number of bakers, florists and photographers around the country, most of whom say they serve and even employ gays in their over-the-counter operations but who also insist that their Christian beliefs in man-woman marriage preclude their providing services to same-sex weddings. Those numbers will probably dwindle further: Many states are treating those acts of conscience as ordinary bigotry and, by levying or threatening fines, forcing those small business owners into costly and potentially ruinous litigation. Read the rest of this entry »


A Libertarian Insurgency in the Press

Noah Rothman   writes:  Even President Barack Obama’s administration has acknowledged that “private sector velocity” is much closer to optimal swiftness of action than anything the public sector can achieve. If only the political class could match the private sector’s ability to respond promptly to observable trends. Politicians and political organizations often exhibit the worst elements of both divisions of society, featuring the public sector’s lethargy with the private sector’s elitism and lack of inclusiveness.

Libertarian_Protest_SignAs such, political organizations are slow to respond to developments and often find themselves flailing gracelessly in the effort to accommodate trends that actors in the more responsive private sector are quick to embrace. One recent and unavoidable trend is the speed with which libertarianism is catching on. Polling has indicated that voters, particularly the youngest American voters, are adopting a libertarian philosophy which rejects the paternalism displayed by members of both parties and instead places its faith in the ability of the individual to best manage their affairs.

Writing in The Federalist on TuesdayDavid Harsanyi parses trends in recent polling data which suggest a libertarian shift in the electorate. This is a shift, he notes, which has been mistaken by both Democratic and Republican partisans as an indication that younger voters are embracing their respective philosophies in droves. In fact, as Harsanyi adds, it is more likely a broad rejection of both political parties as they are currently constituted.

Read the rest of this entry »