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Posted by Amy Miller on October 08, 2014 2 Comments
The Patriot Act expanded the government's ability to keep an eye on American citizens---and their data. Through special permissions granted by the FBI through "national security letters," U.S. spy agencies are able to access user data owned by tech companies, while at the same time barring those companies from disclosing to users and shareholders what data has been requested. Fortunately, appeals judges across the country are siding with tech companies against the FBI in a series of lawsuits challenging the gag orders. Via Bloomberg Law:
“More and more service providers are issuing transparency reports,” said Kurt Opsahl, an attorney with Electronic Frontier Foundation, whose clients are seeking an end to the letters. “Many would like to say what national security” demands they’re getting. The gag provision violates free-speech rights, U.S. District Judge Susan Illston in San Francisco ruled in March 2013 in a lawsuit brought by a phone-service provider that received such a letter. She put her ruling on hold while the government appeals it. Because recipients of the letters are forbidden from discussing them openly, the identity of the phone company isn’t public.
The Justice Department's argument centers on the idea that national security concerns trump the general First Amendment rights of tech companies; they say that if companies are allowed to disclose which agency is looking at what data, terrorists will be able to gain inside information into national security investigations, and thus, that the government has a compelling interest in keeping this information classified. Tech companies' main concerns center on the indefinite nature of the gag order, which is also leaving judges questioning the heart of the Justice Department's argument:

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Posted by William A. Jacobson on October 08, 2014 20 Comments
Elizabeth Warren says she "is not running" for President. (You know where I'm going with this, don't you?) Progressives will not take "is not running" for an answer. Ready for Warren is up and running, and now so are other progressive groups in Iowa and New Hampshire, as reported by The Hill, Liberal grass roots gather to find a challenger for Hillary Clinton:
Liberal groups are building a grassroots army in Iowa and New Hampshire in hopes of stopping a Hillary Clinton coronation in 2016. While the progressive groups don’t have a candidate, they are hiring organizers and opening offices as if one will emerge. At a minimum, the groups hope their efforts will push Clinton to the left. And if the political winds blow just right, the activists hope Sen. Elizabeth Warren (D-Mass.) will take the plunge — and turn their organizing work into the foundation for her candidacy.
Bill Maher just kissed the ring (featured image). Watch Warren's reaction when Maher says “You're going to make a terrific presidential candidate and an even better President of the United States!” :

Posted by William A. Jacobson on October 08, 2014 5 Comments
Two of the targets of the John Doe investigation against Scott Walker and conservative activists have filed a Petition for en banc rehearing by the full 7th Circuit Court of Appeals, after a 3-judge panel dismissed their lawsuit against the John Doe prosecutors on the grounds that the federal courts should not intervene in a state investigation. The Petition for Rehearing, With Suggestion for En Banc Review, is embedded at the bottom of this post. The legal history is detailed in these prior posts: The short version is that the targets initially succeeded at the federal trial court level in obtaining an injunction shutting down the investigation (which already was on hold because of a state court judge's ruling), and allowing the civil damages lawsuit against the prosecutors/investigators to go forward in federal court. The Court of Appeals reversed, finding that there was no ground for the federal courts to intervene in a state investigation, particularly where a state judge already had effectively shut it down (which is on appeal in the state court system). Here are the grounds stated in the Petition to have the entire 7th Circuit rehear the case:

Posted by Mike LaChance on October 08, 2014 66 Comments
(Reader Poll at bottom of post) Jason Mattera of the Daily Surge recently filmed an unannounced confrontation with former IRS employee Lois Lerner in her own neighborhood. Lerner fled his camera and tried (unsuccessfully) to seek refuge in a neighbor's home:
VIDEO: Lois Lerner Tries Barging Into Neighbor’s Home To Evade Questions Lois Lerner attempted to bust into a neighbor’s home uninvited, in a desperate attempt to avoid answering questions about her involvement in the targeting of conservative groups. Jason Mattera, author of the explosive new book CRAPITALISM: Liberals Who Make Millions Swiping Your Tax Dollars, recently caught up with the disgraced former IRS official in her ritzy neighborhood outside Washington, D.C. Mattera, who publishes the Daily Surge, asked Lerner if she had any regrets for her role in the ongoing IRS corruption case, and if she wanted to take the opportunity to give a genuine apology to conservatives for using the force of government to harass and single them out. But, similar to her testimony before Congress where she pleaded the fifth, Lerner didn’t show any remorse, and, on a more latent level, showed her disregard for people’s privacy rights in general. In the video above, you can see Lerner fleeing from Mattera as she rushes through what appears to be a random person’s front yard.
Here's the video: This may seem invasive and inappropriate, but as Jason Mattera asks her in so many words, is it any more inappropriate than the way Lerner used her position at the IRS to target average Americans? In fact, this is a tactic the left has been using for quite a while.

Posted by New Neo on October 08, 2014 18 Comments
Spain's Ebola patient zero is a nurse's assistant. No one can say she kept mum about the fact that she'd been near an Ebola patient recently. Authorities were well aware of her exposure, because she was on the team that cared for a Spanish missionary and a Spanish priest, both of whom were shipped back to Spain after they contracted Ebola in Africa. Both of them have died. But although health workers in Dallas did not originally know that America's patient zero, Thomas Duncan, had been recently exposed to Ebola, there is a similarity between the unnamed nurse's disease trajectory and that of Duncan. As with him, there also was a delay in her hospitalization and diagnosis. She is said to have reported her first symptom, a fever, on September 30, and yet she was only hospitalized this week. Since authorities knew in advance that she'd been exposed, why the delay, which put many more people at risk? Should they not have erred on the side of caution? There are various possibilities. Perhaps the authorities had such faith in their isolation and protection techniques that they thought it impossible that a health worker could contract Ebola while working under state-of-the-art conditions in a Western hospital, as opposed to in Africa. Or perhaps (as I'm beginning to suspect) the diagnostic criteria for Ebola aren't rigorous enough. One of the first symptoms of Ebola is a fever, defined as above 101.5. But see this [emphasis mine]:

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Posted by Kemberlee Kaye on October 08, 2014 26 Comments
Rock the Vote released a new ad today with a song by Lil Jon featuring Lena Dunham, Whoopi Goldberg, Natasha Lyonne, Fred Armisen, E.J. Johnson, Darren Criss, Sophia Bush, Ireland Baldwin, Devendra Banhart, Ioanna Gika, and Gabriel Valenciano. Geared towards young people, Rock the Vote has long been successful at utilizing pop culture to engage younger demographics in the political process. Started in 1990 by a Virgin Record exec, Rock the Vote is supposed to be a non-profit, partisan organization. Whether or not you agree with their politics (which tend leftward), they're good at making voting and even politics look rad. Check out their latest ad:

Posted by Amy Miller on October 08, 2014 19 Comments
Former Defense Secretary Leon Panetta's new book, Worthy Fights: A Memoir of Leadership in War and Peace, was released yesterday, and what it reveals has the media gaping---Democrats scrambling for a distraction. Panetta's memoir focuses on several aspects of Obama's foreign policy, but the section that's causing the most chatter highlights the complete lack of leadership shown after the attack on our embassy in Benghazi:
On the deadly 2012 siege of the U.S. diplomatic post in Benghazi, Libya, Panetta said the administration had no indication of an attack coinciding with the Sept. 11 anniversary. U.S. Ambassador Chris Stevens and three other Americans were killed in the violence. Panetta, who also served as director of the CIA, said he questioned "from the beginning" the CIA's initial assessment that the attack was the work of a mob of protesters rather than an organized assault. "It seemed to me that most spontaneous demonstrators don't arrive for a protest carrying rocket-propelled grenade launchers," he said. But Panetta defended the intelligence agency, saying such work is difficult and often contradictory. "It was not clear at the time that there were two separate incidents, separated by distance and by several hours," he said.
"I didn't have any specific information, but the fact was, when you bring grenade launchers to a demonstration, there's something else going and. And I just---from the very beginning sensed that this was an attack...that this was a terrorist attack on our compound."

Posted by David Gerstman on October 08, 2014 21 Comments
The Houthis, Iranian backed rebels have taken control of Yemen's capital, Sanaa. The Washington Post reports:
The capital of Yemen, the Arab world’s poorest and perhaps most chronically unstable nation, has new masters. Shiite rebels man checkpoints and roam the streets in pickups mounted with anti­aircraft guns. The fighters control almost all state buildings, from the airport and the central bank to the Defense Ministry. Only a few police officers and soldiers are left on the streets. Rebel fighters have plastered the city with fliers proclaiming their slogan — “Death to America, death to Israel, a curse on the Jews and victory to Islam” — a variation of a popular Iranian slogan often chanted by Shiite militants in Iraq and supporters of Lebanon’s Hezbollah.
The comparison to Hezbollah is apt as Reuters is reporting that the Houthi are blocking the appointment of Yemen's president.
Abdel-Malek al-Ejri said Hadi had suggested five names at a meeting of his advisors, who represent various political parties in Yemen. When the aides failed to agree on a candidate Hadi suggested his presidential office director, Ahmed Awad bin Mubarak, as a compromise. "But we did not agree, and the matter is still under consultation," Ejri told Reuters.
Similarly, Hezbollah has kept Lebanon's politics unsettled preventing the appointment of a President. So what's Iran's interest in Yemen? It was spelled out by Michael Segall of the Jerusalem Center for Public Affairs two and a half years ago. A couple of Segall's observations are sobering:

Posted by Amy Miller on October 07, 2014 8 Comments
Today officials announced that four Veterans Affairs officials have been recommended for termination after investigations into their facilities revealed long wait times, unsafe water systems, and general "neglect of duty." VA headquarters revealed in a statement today that the heads of hospitals in Pittsburgh, central Alabama, and Dublin, Georgia, should expect to receive their pink slips, along with the VA’s deputy chief procurement director in Washington.
“VA will actively and aggressively pursue disciplinary action on those who violate our values. There should be no doubt that when we discover evidence of wrongdoing, we will hold employees accountable,” VA Deputy Secretary Sloan Gibson said. The firings are a direct result of wrongdoing found by the VA’s Office of Inspector General and the Office of Accountability Review, including significant delays and wait times of veterans, manipulation of appointment data, “neglect of duty,” inappropriate handling of VA contracts and misconduct at VA facilities. The firings also follow a yearlong investigation by CNN that found numerous instances of delays in care and, at times, deaths of U.S. veterans at VA facilities across the country. The reports sparked a national outrage, which led to the resignation of VA Secretary Eric Shinseki and prompted numerous House and Senate hearings. That resulted in a new law revising the VA health care system designed to help veterans get faster care. The new law, which was passed this summer and signed by President Obama, also gives VA Secretary Robert McDonald more authority to quickly fire top executives.

Posted by William A. Jacobson on October 07, 2014 2 Comments
We previously mentioned that a pro-Academic Freedom Petition was circulating among faculty and researchers, specifically objecting to the academic boycott of Israel passed by a small number of groups, such as the American Studies Association. The Petition has now passed 1200 signatures, mostly from faculty at universities in the United States, but including some international faculty, researchers and scholars. This is an important development, as some anti-Israel activist groups misleadingly attempt to portray academia as stifling speech hostile to Israel. Nothing could be further from the truth. In fact, there is a pervasive campus climate of hostility to Israel led by pro-boycott faculty, concentrated in the Humanities and Social Sciences. The anti-Israel academic boycott covers  Israeli institutions of higher education, and demands termination of exchange programs, terms abroad programs in Israel,  academic cooperation, and any attempt at normalization of relations among scholars.  The comprehensive boycott of these institutions by its nature includes a boycott of the faculty and staff at such institutions. In practice, the boycott such as that of the ASA, includes refusing attendance at conferences by the individuals representing such institutions or who carry administrative titles.  It is a boycott of individuals. The faculty supporting the academic boycott of Israel disregard calls by over 250 university presidents, numerous university associations, and the American Association of University Professors, that such systematic academic boycotts threaten the academic freedom of all of us. The anti-Israel boycotters have taken over some professional organizations, where a relatively small number of activists can manipulate key committees and national councils. But the academic boycotters do not represent the majority. This Petition is just a first step in the silent majority in the academic community speaking up -- not to take sides in the Middle East dispute, but to speak out against those who bring the war into the classrooms and hallways regardless of the consequences.  Enough already. The Petition remains open, and more signatures are anticipated as the word spreads. [caption id="attachment_100289" align="alignnone" width="600"]http://facultyforacademicfreedom.org/ (Click on Image to go to Petition page)[/caption] You don’t have to be “pro-Israel” to sign — only pro-academic freedom, pro-fairness, pro-intellectual honesty, pro-education and pro-peace. Here’s an excerpt from the Petition:

Posted by Amy Miller on October 07, 2014 19 Comments
As if Dallas weren't enough of a circus already, Reverend Jesse Jackson has announced that he will be working with community leaders in Dallas to make sure that Ebola patient Thomas Eric Duncan receives "the best humanitarian relief" available. (Because round the clock care and rare experimental drug therapy isn't enough, I guess.) Just when the people of Dallas thought it was safe to leave the house, right? At any rate, Jackson landed in Dallas this morning and immediately began blaming a lack of health insurance for the terrible consequences of the reckless choices of Thomas Eric Duncan.
“He must be treated as a patient — with all the human rights preserved — not as a criminal,” Jackson stated. Duncan’s family believes that he may have been medically mishandled by the hospital after he was originally sent home by staffers. Days later, paramedics transported the visitor from Liberia back to the hospital, where doctors eventually confirmed that Duncan is seriously sick with the Ebola virus. “Without insurance, he was only offered a cursory examination,” Jackson said. “Thomas needs the same treatment as others. They sent Ebola back into the community.” “This is a good time for churches — black and white — to rally, and find common ground and healing,” Jackson said Tuesday morning. He plans to hold a prayer vigil outside of the hospital at 5:00 p.m. on Tuesday. “This is the essence of the message of Jesus.”

Posted by Kemberlee Kaye on October 07, 2014 3 Comments
Turns out Twitter is also fed up with this administration's war on transparency. Last month, Twitter released a report detailing how they'd been banned from reporting the extent of government surveillance on the platform. In that report Twitter explained:
"...if the government will not allow us to publish the actual number of requests, we want the freedom to provide that information in much smaller ranges that will be more meaningful to Twitter’s users, and more in line with the relatively small number of non-national security information requests we receive. We also pressed for the ability to be specific about different kinds of national security requests and to be able to indicate “zero requests” if that applies to any particular category of request. Unfortunately, we were not able to make any progress at this meeting, and we were not satisfied with the restrictions set forth by the DOJ.
Today Twitter announced they're taking the transparency fight to court:
Our ability to speak has been restricted by laws that prohibit and even criminalize a service provider like us from disclosing the exact number of national security letters (“NSLs”) and Foreign Intelligence Surveillance Act (“FISA”) court orders received — even if that number is zero. It’s our belief that we are entitled under the First Amendment to respond to our users’ concerns and to the statements of U.S. government officials by providing information about the scope of U.S. government surveillance – including what types of legal process have not been received. We should be free to do this in a meaningful way, rather than in broad, inexact ranges. So, today, we have filed a lawsuit in federal court seeking to publish our full Transparency Report, and asking the court to declare these restrictions on our ability to speak about government surveillance as unconstitutional under the First Amendment. The Ninth Circuit Court of Appeals is already considering the constitutionality of the non-disclosure provisions of the NSL law later this week.
You can read the filing in its entirety beneath:

Posted by William A. Jacobson on October 07, 2014 10 Comments
James O'Keefe and the crew at Veritas Action Fund are in search of a supporter of Alison Grimes supporter who actually believes her campaign position that she's not anti-coal industry. The other day O'Keefe released a video in which various assorted Democratic operatives and Grimes supporters used the "L" word in describing her position. Today O'Keefe has released another video in which a financial backer using the "F" word as to what Grimes will do to the coal industry if elected. Language Warning Here's a partial transcript posted by O'Keefe:

Posted by William A. Jacobson on October 07, 2014 28 Comments
Angelo Carusone is the Media Matters executive behind the effort to get Rush Limbaugh off the airwaves, as we documented in 2012: The attack on Limbaugh was not Carusone's first targeting of a major conservative personality.  Carusone, prior to joining Media Matters, was behind the Stop Beck effort. Angelo Carusone Twitter Profile As reported at The Daily Caller today, Carusone may have some problems with a prior blog he maintained in which he engaged in questionable conduct, Media Matters Executive Wrote Racist, Anti-Semitic, Anti-’Tranny’ Blog Posts:

Posted by Mike LaChance on October 07, 2014 22 Comments
We're a month away from the midterm election that could hand control of the Senate to Republicans. As with any election, there are lots of moving parts and no one is absolutely sure what's going to happen. Even so, Alexander Bolton of The Hill is reporting that panicked Democrats are already blaming each other for an expected loss:
Democrats start to point fingers Democrats are starting to play the blame game as they face the possibility of losing the Senate in November. Tempers are running high a month out from Election Day, with polls showing Democratic candidates trailing in the crucial battleground states that will decide whether control of Congress flips to Republicans. The behind-the-scenes tension broke into the open last week when former Senate Majority Leader Tom Daschle (D-S.D.) questioned Senate Majority Leader Harry Reid’s (D-Nev.) decision not to endorse Democrat Rick Weiland in South Dakota’s Senate race. Pro-immigrant advocacy groups, meanwhile, are saying Democrats should not blame them if Latino voters don’t turn up to the polls on Election Day. They say President Obama made a tactical blunder by postponing an executive order easing deportations.

Posted by Amy Miller on October 07, 2014 26 Comments
With less than 15 days to go until early voting begins, statewide candidates in Texas are running a full court press against not only the agendas of their opponents, but against umbrella strategies from national party organizations and advocacy groups. The gubernatorial contest between state Senator Wendy Davis and Attorney General Greg Abbott is arguably the most high profile of the top-ticket races, and pollsters are busy keeping up with a race that has slowly tightened since the primary. From the Wall Street Journal:
A poll released Wednesday by the Texas Lyceum, a nonpartisan public-policy group, showed Ms. Davis nine percentage points behind Mr. Abbott. The Rasmussen Reports, meanwhile, released a poll Friday showing Mr. Abbott 11 points ahead. “Turnout in nonpresidential election years is always lower, and Texas voters just don’t seem interested in politics this year,” Mr. Riddlesperger said. ... Ms. Davis hasn’t emphasized abortion in the campaign, largely focusing on other issues, such as increasing public-education funding and expanding health coverage. She has portrayed Mr. Abbott as beholden to moneyed, corporate interests. Mr. Abbott, in turn, has said he would work to secure the border against illegal immigration—a key concern in the state—and he has tried to link Ms. Davis, whenever possible, to President Barack Obama.
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