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On This Day In History August 9

Cross posted from The Stars Hollow Gazette

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August 9 is the 221st day of the year (222nd in leap years) in the Gregorian calendar. There are 144 days remaining until the end of the year.

On this day in 1974, one day after the resignation of President Richard M. Nixon, Gerald R. Ford is sworn in as president, making him the first man to assume the presidency upon his predecessor’s resignation. He was also the first non-elected vice president and non-elected president, which made his ascendance to the presidency all the more unique.

Gerald Rudolph Ford, Jr. (born Leslie Lynch King, Jr.; July 14, 1913 – December 26, 2006) was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974. As the first person appointed to the vice-presidency under the terms of the 25th Amendment, when he became President upon Richard Nixon’s  resignation on August 9, 1974, he also became the only President of the United States who was elected neither President nor Vice-President.

Before ascending to the vice-presidency, Ford served nearly 25 years as Representative from Michigan’s 5th congressional district, eight of them as the Republican Minority Leader.

As President, Ford signed the Helsinki Accords, marking a move toward detente in the Cold War. With the conquest of South Vietnam by North Vietnam nine months into his presidency, US involvement in Vietnam essentially ended. Domestically, Ford presided over what was then the worst economy since the Great Depression, with growing inflation and a recession during his tenure. One of his more controversial acts was to grant a presidential pardon to President Richard Nixon for his role in the Watergate scandal. During Ford’s incumbency, foreign policy was characterized in procedural terms by the increased role Congress began to play, and by the corresponding curb on the powers of the President. In 1976, Ford narrowly defeated Ronald Reagan for the Republican nomination, but ultimately lost the presidential election to Democrat Jimmy Carter.

Following his years as president, Ford remained active in the Republican Party. After experiencing health problems and being admitted to the hospital four times in 2006, Ford died in his home on December 26, 2006. He lived longer than any other U.S. president, dying at the age of 93 years and 165 days.

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Protecting the Constitution & Freedom

Cross posted from The Stars Hollow Gazette

Here are some of the good guys in Congress who are trying to protect our freedoms under the Fourth Amendment:

Sen. Jeff Merkley (D-OR)

Merkley Introduces Bill to Prevent Warrantless Surveillance of Americans

Under amendments to FISA passed during the Bush administration, the intelligence agencies may conduct warrantless wiretapping, potentially collecting vast amounts of communications and data, so long as they reasonably believe the communications involve individuals who are located outside of the United States and who are not U.S. citizens. However, there are loopholes in the current statute that could permit the intelligence community to intentionally or unintentionally collect and store the communications of American citizens and others living in the U.S. and to mine data collected from Americans without a warrant.  National security agencies have not even released estimates of how often Americans’ communications are swept up by the warrantless wiretapping program.  [..]

“Keeping Americans safe versus protecting American’s privacy is a false choice. We have a moral and Constitutional duty to do both,” Merkley said. “We can ensure our government has the tools to spy on our enemies without giving it a license to intrude into the private lives of American citizens.  This bill will establish new safeguards to respect the principles of the Fourth Amendment protections from government intrusion without a warrant while ensuring that the intelligence community has the tools it needs to combat terrorism.” [..]

“This bill will give the FISA Amendments Act the overhaul it so desperately needs, restraining the government from unconstitutionally collecting and using vast amounts of data about innocent Americans,” said Michelle Richardson, ACLU Legislative Counsel. “These amendments would allow collection against foreigners to continue while better protecting Americans and should be considered a win-win for both the intelligence community and the Constitution.”  

Sen. Ron Wyden (D-OR)

Wyden Places Hold on FISA Amendments Act Extension

Warns that Loophole Gives Government the Ability to Circumvent Warrant Requirements to Spy on U.S. Citizens

Wyden identified two specific concerns that he believes Congress must address before agreeing to a long-term extension of FAA’s authorities.

The first pertains to the lack of information regarding the number of law-abiding American citizens who have had their communications collected and reviewed under the FISA Amendments Act authorities.  Last Summer, he and Senator Mark Udall asked the Administration for an estimate of the “number of people located in the United States whose communications were reviewed by the government pursuant to the FISA Amendments Act.”  The Office of the Director of National Intelligence responded that it was “not reasonably possible to identify the number of people located in the United States whose communications may have been reviewed under the authority of the FAA.”  Nearly a year later, Congress has yet to receive an estimate of the number of Americans who have had their communications collected under FAA.  

“The purpose of this 2008 legislation was to give the government new authorities to collect the communications of people who are believed to be foreigners outside the United States, while still preserving the privacy of people inside the United States,”  Wyden explains in his hold statement.  “Before Congress votes to renew these authorities it is important to understand how they are working in practice.  In particular, it is important for Congress to better understand how many people inside the United States have had their communications collected or reviewed under the authorities granted by the FISA Amendments Act.

Wyden’s second concern pertains to what he describes as the law’s inadequate protections against warrantless “back door” searches of Americans.

I am concerned, of course, that if no one has even estimated how many Americans have had their communications collected under the FISA Amendments Act,” Wyden writes. “Then it is possible that this number could be quite large.  Since all of the communications collected by the government under section 702 are collected without individual warrants, I believe that there should be clear rules prohibiting the government from searching through these communications in an effort to find the phone calls or emails of a particular American, unless the government has obtained a warrant or emergency authorization permitting surveillance of that American.

David Kravets alerts us to a proposal (pdf) by Rep. Jerrold Nadler (D-NY) and  Rep. John Conyers Jr. (D-MI) that require the government to obtain a probable-cause warrant to access data stored in the cloud:

The law that the measure would amend is the Electronic Communications Privacy Act, which has seen few updates following President Ronald Reagan’s 1986 signature on the measure.

The proposal represents yet another attempt to rewrite legislation that generally grants the government wide powers to access Americans’ cloud-stored data without a probable-case showing. [..]

Adopted when CompuServe was king, ECPA allows the government to acquire a suspect’s e-mail or other stored content from an internet service provider without showing probable cause that a crime was committed, as long as the content had been stored on a third-party server for 180 days or more. E-mail and other cloud-stored data younger than six months is protected by the warrant requirement, as is all data stored on a personal computer drive.

ECPA was adopted at a time when e-mail, for example, wasn’t stored on servers for a long time. Instead it was held there briefly on its way to the recipient’s inbox. E-mail more than six months old on a server was assumed abandoned, and that’s why the law allowed the government to get it without a warrant. At the time there wasn’t much of any e-mail for the government to target because a consumer’s hard drive – not the cloud – was their inbox.

But technology has evolved, and e-mail often remains stored on cloud servers indefinitely, in gigabytes upon gigabytes – meaning the authorities may access it without warrants if it’s older than six months.

The same rule also applies to content stored in the cloud. That includes files saved in Dropbox, communications in Facebook, and Google’s cloud-storage accounts. Such personal storage capabilities were nearly inconceivable when President Reagan signed the bill.

The proposal will probably never be even heard in the radical right wing House committee. Kravets notes that a similar proposal in the Senate by Sen. Patrick Leahy (D-VT) never even got a hearing in the Judiciary Committees that Leahy chairs.

While the Obama administration continues to carry out and expand the Bush/Cheney regime agenda and the obstructionist Republicans and Right wing Democrats unwittingly (or not) help him, there are some people who recognize that security and freedom are not mutually exclusive.

On This Day In History August 8

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

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August 8 is the 220th day of the year (221st in leap years) in the Gregorian calendar. There are 145 days remaining until the end of the year.

On this day in 1974, Richard M. Nixon becomes the first President to resign.

In an evening televised address, President Richard M. Nixon announces his intention to become the first president in American history to resign. With impeachment proceedings underway against him for his involvement in the Watergate affair, Nixon was finally bowing to pressure from the public and Congress to leave the White House. “By taking this action,” he said in a solemn address from the Oval Office, “I hope that I will have hastened the start of the process of healing which is so desperately needed in America.”

Just before noon the next day, Nixon officially ended his term as the 37th president of the United States. Before departing with his family in a helicopter from the White House lawn, he smiled farewell and enigmatically raised his arms in a victory or peace salute. The helicopter door was then closed, and the Nixon family began their journey home to San Clemente, California. Minutes later, Vice President Gerald R. Ford was sworn in as the 38th president of the United States in the East Room of the White House. After taking the oath of office, President Ford spoke to the nation in a television address, declaring, “My fellow Americans, our long national nightmare is over.” He later pardoned Nixon for any crimes he may have committed while in office, explaining that he wanted to end the national divisions created by the Watergate scandal.

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On This Day In History August 7

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

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August 7 is the 219th day of the year (220th in leap years) in the Gregorian calendar. There are 146 days remaining until the end of the year.

The Northern Hemisphere is considered to be halfway through its summer and the Southern Hemisphere half way through its winter on this day.

On this day in 1947, Kon-Tiki, a balsa wood raft captained by Norwegian anthropologist Thor Heyerdahl, completes a 4,300-mile, 101-day journey from Peru to Raroia in the Tuamotu Archipelago, near Tahiti. Heyerdahl wanted to prove his theory that prehistoric South Americans could have colonized the Polynesian islands by drifting on ocean currents.

Heyerdahl and his five-person crew set sail from Callao, Peru, on the 40-square-foot Kon-Tiki on April 28, 1947. The Kon-Tiki, named for a mythical white chieftain, was made of indigenous materials and designed to resemble rafts of early South American Indians. While crossing the Pacific, the sailors encountered storms, sharks and whales, before finally washing ashore at Raroia. Heyerdahl, born in Larvik, Norway, on October 6, 1914, believed that Polynesia’s earliest inhabitants had come from South America, a theory that conflicted with popular scholarly opinion that the original settlers arrived from Asia. Even after his successful voyage, anthropologists and historians continued to discredit Heyerdahl’s belief. However, his journey captivated the public and he wrote a book about the experience that became an international bestseller and was translated into 65 languages. Heyerdahl also produced a documentary about the trip that won an Academy Award in 1951.

Know the Person by the Friends They Keep

Cross posted from The Stars Hollow Gazette

There are a lot of people who support health and safety regulations will be heartened by this man’s departure from the Obama Administration:

White House regulatory czar Cass Sunstein, an intellectual mentor to President Obama whose skeptical approach to rule-making frustated the president’s liberal allies, announced Friday he was leaving his post.

Sunstein will depart by the end of the month, officials said. He is returning to the job he left, a professorship at Harvard Law School. In addition, Sunstein will head a new Harvard program on “behavioral economics and public policy.” [..]

Sunstein heads a relatively obscure agency, the Office of Information and Regulatory Affairs, which acts as a gatekeeper for new federal regulations.

In Washington’s wonkier circles, he also has become a symbol of a central contradiction of Obama’s White House. In seeking bipartisan common ground, the administration has often embraced policies that disappointed its friends – without disarming its enemies.

Among those who won’t miss Cass is  Rena Steinzor of the Center for Progressive Reform

Cass Sunstein brought impressive credentials and a personal relationship with the President to his job as Administrator of the Office of Information and Regulatory Affairs. But in the final analysis, Sunstein has continued the Bush Administration’s tradition of using the office to block needed health and safety protections disliked by big business and political contributors. Worse, the narrative that Sunstein helped craft about the impact of regulations on American life – that regulatory safeguards are fundamentally suspect – was discordant with the rest of the President’s agenda and the arguments he makes for his reelection.

Some of the regulations that Sunstein blocked would have reduced the level of ozone in the air, improved work place safety and protected children who live and work on farms He also reduced federal inspectors in poultry plants because of insustry complaints that it would slow down production.

While as Dan Froomkin at Huffington Post notes, Sunstein received some “warm praise”:

White House Office of Management and Budget director Jeffrey Zients credited him with helping design “numerous rules that are, among other things, saving lives on the highways by making vehicles safer and reducing distracted driving; dramatically increasing the fuel economy of the nation’s cars and trucks; protecting public health by reducing air pollution; making our food supply safer; and protecting against discrimination on the basis of disability and sexual orientation.”

But that is a modest record in the context of the wholesale deregulation during the Bush/Cheney era and the unprecedented regulatory failures of the recent past: financial crisis; the BP oil spill; the Upper Big Branch mine explosion; a bevy of food– and toy-related health scares and the imminent dangers of climate change.

But it is those who will miss him, that speak the loudest about why true progressives should rejoice at his departure:

John Graham, who ran OIRA in George W. Bush’s first term, said Sunstein was an able administrator.

“He was a strong force for creative policy solutions in a political environment that was highly polarized,” Graham said in an e-mailed statement.

Sunstein also was hailed by the U.S. Chamber of Commerce, the nation’s largest business lobbying group, and the Business Roundtable, a Washington-based group of business executives.

“The Chamber has enjoyed a good working relationship with Cass Sunstein and we wish him well in his return to Harvard Law,” Bruce Josten, the Chamber’s executive vice president for government affairs, said in an e-mailed statement.

“Cass Sunstein will be missed,” said John Engler, the former Michigan Republican governor who is Business Roundtable president. “Cass accepted the input of business, sought balance and understood that regulations do have costs. We hope his replacement will strike the same tone.”

And this praise that just speaks volumes

“Cass Sunstein appeared to recognize the harm overly burdensome regulations inflict on economic growth and job creation – although he was not able to stop the tsunami of regulations enacted by the Obama administration,” Representative Darrell Issa of California, the Republican chairman of the House Oversight and Government Reform Committee, said in a statement.

No one should expect President Obama will appoint someone who would be more transparent or, for that matter, less big business friendly. Nor should anyone believe that Sunstein will fade away into the academia at Harvard. There is this loathsome possibility:

Sunstein has long been rumored as a potential choice of Obama for a Supreme Court vacancy, if one were to open.

 

If you don’t think that Sunstein on the Supreme Court would be a bad idea, then read about his view of the First Amendment and free speech

Many millions of people hold conspiracy theories; they believe that powerful people have worked together in order to withhold the truth about some important practice or some terrible event. A recent example is the belief, widespread in some parts of the world, that the attacks of 9/11 were carried out not by Al Qaeda, but by Israel or the United States. Those who subscribe to conspiracy theories may create serious risks, including risks of violence, and the existence of such theories raises significant challenges for policy and law. The first challenge is to understand the mechanisms by which conspiracy theories prosper; the second challenge is to understand how such theories might be undermined. Such theories typically spread as a result of identifiable cognitive blunders, operating in conjunction with informational and reputational influences. A distinctive feature of conspiracy theories is their self-sealing quality. Conspiracy theorists are not likely to be persuaded by an attempt to dispel their theories; they may even characterize that very attempt as further proof of the conspiracy. Because those who hold conspiracy theories typically suffer from a crippled epistemology, in accordance with which it is rational to hold such theories, the best response consists in cognitive infiltration of extremist groups. Various policy dilemmas, such as the question whether it is better for government to rebut conspiracy theories or to ignore them, are explored in this light.  [..]

II. Governmental Responses

What can government do about conspiracy theories? Among the things it can do, what should it do? We can readily imagine a series of possible responses. (1) Government might ban conspiracy theorizing. (2) Government might impose some kind of tax, financial or otherwise, on those who disseminate such theories. (3) Government might itself engage in counterspeech, marshaling arguments to discredit conspiracy theories. (4) Government might formally hire credible private parties to engage in counterspeech. (5) Government might engage in informal communication with such parties, encouraging them to help. Each instrument has a distinctive set of potential effects, or costs and benefits, and each will have a place under imaginable conditions. However, our main policy idea is that government should engage in cognitive infiltration of the groups that produce conspiracy theories, which involves a mix of (3), (4) and (5).

Remember when global warming was considered a “conspiracy theory”? How about that silly conspiracy theory that Iraq had nothing to do with 9/11?

“Go Ahead, Make My Day”

Cross posted from The Stars Hollow Gazette

The infamous line that was uttered by Clint Eastwood ‘s character, Harry Callahan from the 1983 film Sudden Impact.

This morning Associate Justice Antonin Scalia made the day of every  weapons of mass destruction lover’s day. During an interview with Fox News Sunday host Chris Wallace, Wallace asked the Supreme Court Justice about gun control, and whether the Second Amendment allows for any limitations to gun rights. In Scalia’s opinion, under his principle of “originalism”, if the weapon can be “hand held” it probably still falls under the right to “bear arms”:

Referring to the recent shooting in Aurora, CO, host Chris Wallace asked the Supreme Court Justice about gun control, and whether the Second Amendment allows for any limitations to gun rights. Scalia admitted there could be, such as “frighting” (carrying a big ax just to scare people), but they would still have to be determined with an 18th-Century perspective in mind. According to his originalism, if a weapon can be hand-held, though, it probably still falls under the right o “bear arms”:

   WALLACE: What about… a weapon that can fire a hundred shots in a minute?

   SCALIA: We’ll see. Obviously the Amendment does not apply to arms that cannot be hand-carried – it’s to keep and “bear,” so it doesn’t apply to cannons – but I suppose here are hand-held rocket launchers that can bring down airplanes, that will have to be decided.

   WALLACE: How do you decide that if you’re a textualist?

   SCALIA: Very carefully.

Law Professor Geoffrey Stone of the University of Chicago observed in a guest opinion at Jonathan Turly’s blog:

Maybe Justice Scalia needs to see the photos of the carnage a semi-automatic weapon or a shoulder fired rocket launcher can create. Under this thinking, RPG’s might be legal for all citizens to own and carry.  Grenades can be hand-held and therefore under Justice Scalia’s warped sense of thinking, they too might be legal for citizens to carry.  Do we draw the limit at briefcase nukes that can be carried in one’s hand?

Obviously the theory that Justice Scalia is promoting can be carried to extreme and hilarious lengths.  The real scary part is that Justice Scalia doesn’t understand how hilarious and dangerous his concepts are in the real world. [..]

Since Justice Scalia thinks that these kind of weapons may be legal, is it too far-fetched to wonder if the current crop of right-wing Militia’s are free to purchase these kind of weapons, even if they hope to use them against the government?

Justice Scalia was nominated to the Supreme Court in 1986 by President Ronald Reagan with a Republican held Senate and the unanimous blessings of the Democrats. Al Qaeda must be thrilled.

N.B.: For more about Justice Scalia and his concept of “orginaliasm” read this article at Huffington Post written in 2011 by Prof. Stone: Justice Scalia, Originalism and the First Amendment

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First Amendment v Type II Diabetes

Adapted from The Stars Hollow Gazette

Fast Feud Nation – Chik-fil-A Appreciation Day

Thousands turn out to support the First Amendment rights of Chik-fil-A president and gay marriage opponent Dan Cathy by contracting Type II diabetes

On This Day In History August 6

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

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August 6 is the 218th day of the year (219th in leap years) in the Gregorian calendar. There are 147 days remaining until the end of the year.

On this day there have been many significant events. Certainly, one of the most memorable is that this is the anniversary of dropping of the first atomic bomb on Hiroshima, Japan. It is also the anniversary of President Johnson signing the Voting Rights Act.

Recent significant history that has been over looked by my usual sources is this: The August 6, 2001 Presidential Daily Briefing better known as the August 6th PDB. It was handed to President George W. Bush, who was on one of his many vacations to his home in Crawford, TX, by Harriet Miers, who was the President’s WH Council, and promptly ignored. Whether Bush ignored the warning that Osama bin Laden was planning to attack the US because he was told to let it happen or, the darker theory, that the government made it happen will never be known, at least not in the lifetime of those reading this. Whatever Bush’s motive was, it set off a series of events in this country that has affected us all and divided us like no other incident since the Civil War. The US has now been in Afghanistan for almost 9 years 10 years and Iraq for over seven eight and, despite the Democrats holding the White House and the majority in both houses of Congress, there is no end in site to those two wars. Despite campaign promises to restore the rule of law and the Constitution, the Obama administration has continued the most heinous of the Bush policies that are violations of not just US law but International Law, ratified treaties and agreements. A sad anniversary, indeed.

I wrote this two years ago, although Pres. Obama has withdrawn combats troops from Iraq, “support” troops still remain. The US is in the process drawing down military presence in Afghanistan. That may sound encouraging but the President has since increased drones attacks in Pakistan and targeted American citizens for assassination. So much for ending the “war on terror.”

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