Month: August 2015

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Quick Analysis

Department of Justice goes rogue…again

The latest objectionable action taken by the Justice Department brings legitimacy to the argument that this portion of the federal government has gone rogue.  Its questionable role in numerous scandals has raised the anger of both the public and Congress.

In a 68 page memorandum,  the Justice Department defied Congress and decided that independent inspectors general could be restricted from accessing certain types of information.

A statement released by the Office of the Inspector General (OIG),   noted: “As a result of the OLC’s [Office of Legal Counsel’s] opinion, the OIG will now need to obtain Justice Department permission in order to get access to important information in the Department’s files – putting the agency over which the OIG conducts oversight in the position of deciding whether to give the OIG access to the information necessary to conduct that oversight. The conflict with the principles enshrined in the Inspector General Act could not be clearer and, as a result, the OIG’s work will be adversely impacted. The OIG will immediately ask Congress to pass legislation ensuring that the OIG has independent access to the information it needs for its work. The Attorney General and the Deputy Attorney General have each expressed their commitment to join the OIG in this effort.

“Inspector General Michael E. Horowitz [chairman of the Council of Inspectors General on Integrity and Efficiency] stated: ‘I strongly disagree with the OLC opinion. Congress meant what it said when it authorized Inspectors General to independently access ‘all’ documents necessary to conduct effective oversight. Without such access, our Office’s ability to conduct its work will be significantly impaired, and it will be more difficult for us to detect and deter waste, fraud, and abuse, and to protect taxpayer dollars. We look forward to working with the Congress and the Justice Department to promptly remedy this serious situation.”

 

This is not a Republican vs. Democrat issue, as Congressional Democrats  joined with Republicans in criticizing the Justice Department’s decision. In a joint release, House Judiciary Committee members from both sides of the aisle stated: “The Inspector General Act of 1978 authorizes the Inspector General to access ‘all records’ in the Department’s possession.  However, today, the Office of Legal Counsel’s 58-page opinion argues that other provisions generally restricting the ‘disclosure’ of certain kinds of information override the specific instruction that the Inspector General have access to all records of the Department.  The Office of Legal Counsel reaches this conclusion despite clear and recent legislation enacted in response to the controversy over these very access issues.  Following several instances of the Inspector General testifying to Congress about the Justice Department hindering his oversight by withholding records, Congress enacted, and the President signed, Section 218 of the Department of Justice’s fiscal 2015 Appropriations Act.  That provision prohibited the use of any funds to deny the Inspector General timely access to records.  The only exception was for any ‘express’ limitation in the Inspector General Act.

“The Justice Department has denied or substantially delayed the Inspector General’s access to records in connection with a number of inquiries, including those related to: (1) whether the Department had violated the civil liberties and civil rights of individuals detained in national security investigations following September 11, (2) the review of Operation Fast and Furious, (3) the review of the FBI’s use of National Security and Exigent letters, (4) the Drug Enforcement Administration (DEA) sex parties scandal, (5) the DEA’s use of confidential sources, and (6) the DEA’s use of administrative subpoenas to obtain bulk data collections.

“The Department’s refusal to provide records on a timely basis as required by law wastes months in bureaucratic roadblocks and frustrates the independent oversight Congress created Inspectors General to provide. Prior to 2010, the FBI and other agencies in the Justice Department routinely provided similar information to the Inspector General’s office.

“Here are comments from Conyers, Goodlatte, Grassley and Johnson: [Representing both Democrats and Republicans]

John Conyers:
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‘This opinion is a departure from the plain text of the statute and the intent of Congress when we drafted it—but this one memorandum hardly ends the conversation.  The Inspector General must have complete and direct access to the information that his office deems necessary to conduct complete and impartial investigations.  He should not have to ask permission from the very agency he oversees.  I suspect that we will work quickly, and likely with overwhelming and bipartisan majorities, to make certain that the Inspector General Act is explicit on this point.”

An Inspector General investigation can be prevented under the law in certain limited circumstances, but the Attorney General is required to explain in writing to both the Inspector General and Congress why the Inspector General’s work should be impeded despite the Inspector General Act’s guarantee of access to all agency records – something that the Attorney General has failed to do in each of the many instances records were withheld from the Inspector General since 2010…

“Congressman Bob Goodlatte, Chairman, House Judiciary Committee:

[The] Office of Legal Counsel opinion contains the same kind of outcome-oriented lawyering that produced the Department of Justice’s infamous recess appointments memorandum, which was unanimously rejected by the Supreme Court in 2014. The law is clear that the Office of the Inspector General should have unfettered access to materials for its investigations, but political lawyers at the Department of Justice have engaged in legal gymnastics to shield key information from government watchdogs.

“The Office of Legal Counsel’s efforts to reduce transparency will leave the Department of Justice vulnerable to mismanagement and misconduct. This is not the type of government the American people deserve. The House Judiciary Committee will work with other committees of jurisdiction to explore a legislative fix to reiterate Congress’ intent that the Office of the Inspector General is entitled access to all documents and records within DOJ’s possession.

“Senator Chuck Grassley, Chairman, Senate Judiciary Committee:

‘The Inspector General Act of 1978 directs that Inspectors General have a right to access all records, documents and other materials.  If the Inspector General deems a document necessary to do his job, then the agency should turn it over immediately.  The clear command of that law is being ignored far too often by agencies across the executive branch.  By this opinion’s tortured logic, ‘all records’ does not mean ‘all records,’ and Congress’s recent attempt to underscore our original intent with an appropriations restriction is nothing but a nullity. The prospect of the Obama administration using this opinion to stonewall oversight, avoid accountability, and undermine the independence of inspectors general is alarming.”

“Senator Ron Johnson, Chairman, Senate Homeland Security and Government Affairs Committee:

‘I am deeply concerned that this opinion undermines the Department of Justice Office of Inspector General’s independence, and ultimately the independence of all inspectors general, as other agencies will likely use its misguided arguments to justify stonewalling their own watchdogs.  The Homeland Security and Governmental Affairs Committee recently reported out S. 579, the Inspector General Empowerment Act of 2015, which makes clear Congress’s view that inspectors general must be given prompt, unfettered access to agency documents for purposes of carrying out their responsibilities under the act.  Unfortunately, the Department of Justice today has dug further into its position — against the clear will of Congress — that the agency is not always obligated to provide documents to its inspector general, and that the agency itself gets to choose when to grant permission to access certain documents. I am committed to working with my colleagues to ensure all inspectors general have the statutorily mandated independence from their agency that is so crucial to performing their responsibilities.”

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Politics, profiteering interferes with move to stop illegal immigration

As the problems presented by illegal immigration continue become more greatly understood, battle lines continue to be drawn between those who seek to resolve the challenges posed by it, and those who seek to profit from the unlawful residents.

As always, politics plays a significant role in the conflict. According to the Rasmussen polling organization, a majority of Democrats believe illegals should be allowed to vote.

A May 2015 Rasmussen national telephone survey found “that one-out-of-three Likely U.S. Voters (35%) now believes that illegal immigrants should be allowed to vote if they can prove they live in this country and pay taxes. Sixty percent (60%) disagree, while five percent (5%) are undecided.  Fifty-three percent (53%) of Democrats think tax-paying illegal immigrants should have the right to vote. Twenty-one percent (21%) of Republicans and 30% of voters not affiliated with either major political party agree.”

The reasons are obvious. New arrivals in the U.S. are frequently dependent on government assistance, and Democrats are generally far more prone to favor generous assistance programs. The recent arrivals are also less likely to favor or have significant understanding of the benefits of a traditional adherence to constitutional mandates and rights guarantees, an issue of great importance to Republicans.

More than just votes are involved, however. A Capital Research  study found that refugee resettlement has become a lucrative business. The study notes that “Surveys of Americans show mixed views on immigration issues, and yet for the Left all immigration is good, no matter what laws or legislatures say.  Major donors on the Left, which normally champion every kind of government regulation, support immigration without limits, and a number of large nonprofits reap not only private funding but millions of tax dollars in the resettlement business.  Most Americans have never even heard of the programs that disburse these monies in their name. Left-wing grant-makers have embarked on a campaign aimed at overwhelming America with unprecedented levels of immigration. These foundations underwrite a universe of liberal organizations that are devoted to bringing in ever more people from all over the world, and the organizations’ motives include money. These groups, known as “Volunteer Agencies” (VOLAGs), don’t just receive private dollars from liberal foundations; they also are richly rewarded with your tax dollars when they collaborate with federal government agencies.”

The impact on America’s ongoing employment crisis is serious. The Washington Free Beacon recently reported that “ Illegal Immigrants Outnumber Unemployed Americans, with 11.3 million illegal immigrants in U.S… Of those 11.3 illegal immigrants, 8.1 million are participating in the labor force. “Unauthorized immigrants make up 5.1% of the U.S. labor force,” [a]Pew [study] says. “In the U.S. labor force, there were 8.1 million unauthorized immigrants either working or looking for work in 2012… The executive action on immigration President Obama put in place in November of 2014 is set to help more illegal aliens become active in the labor force.”
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Without effective screening at the border, some of the illegals entering the nation are criminals, impacting the safety of communities throughout the nation. Some of the most severe problems occur in so-called sanctuary cities, where local authorities do not take steps to report or remove illegals.

At a recent hearing, Senator Grassley  (R-Iowa) introduced legislation  to hold accountable sanctuary jurisdictions that are harboring illegal immigrants who have criminal records. Grassley’s legislation (The Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015) would withhold federal funding from sanctuary jurisdictions that refuse to cooperate on criminal aliens and other high priority individuals.  The bill would also increase the amount of time, from up to 2 years to a mandatory 5 years, an illegal immigrant must spend in jail for re-entry after deportation.

“No more people should die at the hands of those who ignore our immigration laws and commit crimes. No more families should have to go through what our hearing witnesses have experienced,’ Grassley said. ‘Sanctuary jurisdictions are giving a free pass to illegal immigrants who have repeatedly violated this country’s laws and are now going on to commit other serious, violent offenses.

Grassley’s bill comes as he convened a Senate Judiciary Committee hearing focusing on how the Obama administration’s immigration policies and practices are hurting American families.  The Committee heard powerful testimony from a number of relatives who have lost loved ones as a direct result of the administration’s failure to deport criminals or its tolerance of sanctuary policies.”

Despite the extraordinary problems, some major municipalities, such as New York City, are taking steps to make it easier for illegals to inappropriately register to vote, such as granting local ID cards.

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Nicaragua joins Russia in tank manuevers

Nicaragua is engaging in tank war games alongside Russia and China. The Central American nation of about 5.7 million is smaller than New York.

It is the second poorest country in the western hemisphere. Nevertheless, it is joining Russia, China, Belarus, Tajikistan, India and Egypt in a Moscow suburb, at an event sponsored by the Russian Ministry of Defense. The Diplomat reports.

The Center for Strategic & International Studies  notes that “Though Russia has not been entirely absent from [Latin America] in recent years, recent statements from the Russian Defense Ministry bring that involvement to a new level. Late last month, Defense Minister Sergei Shoigu announced Russian plans to build military bases in Nicaragua, Cuba, and Venezuela, marking Russia’s most forward endeavors in the region since the end of the Cold War.”

Joseph Klein, writing for Front Page,  outlines Moscow’s deep and continuing bid to be a forceful military presence in Latin America:

“Russia is also on the lookout for refueling sites for Russian strategic bombers on patrol. Russia is already a major arms supplier to Venezuela, whose navy has conducted joint maneuvers with Russian ships. At least four Russian Navy ships visited Venezuela last August, the Venezuelan daily El Universal reported.“Two Russian Tupolev Tu-160 Blackjack strategic bombers flew last October from an airbase in southwestern Russia and landed in Venezuela in routine exercise,” Russia’s Defense Ministry announced, according to the Voice of Russia. “The nuclear-capable bombers, which took off from the Engels airbase in the Volga region, ‘flew over the Caribbean, the eastern Pacific and along the southwestern coast of the North American continent, and landed at Maiquetia airfield in Venezuela,’ the ministry said in a statement.”

Nicolas Maduro, the President of Venezuela, is so enamored of Putin that he expressed support last year for the Russian president to be awarded the Nobel Peace Prize. During a visit to Moscow by Maduro last summer, Maduro and Putin reaffirmed, in Putin’s words, “their wish for continuing their course towards strategic cooperation in all sectors.”
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Putin was the first Russian president to visit Cuba since the collapse of the Soviet Union. Pravda quoted Putin as declaring in 2012 that Russia gained the consent of the Cuban leadership to place ‘the latest mobile strategic nuclear missiles ‘Oak’ on the island,’ …

Left-wing Argentinian President Cristina Fernández is intent on forging closer relations with Russia, inviting Russia to invest in fuel projects. … Ecuador was also interested in buying Russian military equipment.

“… what we are seeking with Russia is a strategic partnership based on the joint development of technology,” said Brazilian Defense Minister Celso Amorim after meeting with his Russian counterpart.”

Russia is also forging a closer relationship with El Salvador.

Nicaragua is not just interested in Russian tanks.  McClatchy reports that “Russia is rekindling its once-strong ties to Nicaragua, possibly including providing the Central American nation with jet fighters, stoking unease as far away as the Andes in South America…The rumored provision of the Russian jet fighters to Nicaragua has spawned fears of an arms race in Central America and once again made Nicaragua a bit player in the geopolitical to-and-fro between Washington and Moscow. … In 2013, Russia agreed to offer patrol gunboats to Nicaragua. As part of the Russian defense minister’s visit in February, Nicaragua agreed to ease rules to allow Russian warships to enter Nicaraguan ports. More than 45 military cadets and officers left Nicaragua last September for extended training in Russia.”

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NY Analysis reviews the plight of the middle class

Read today’s NY Analysis to review Pain issues: If you are having berserk joint pains and need improvement then you should opt for the Silagra buy cheap tadalafil and have a fulfilling sexual life is a must – have in the everyday routine of the caring partners. VigRX female viagra uk Plus is not considered as erectile dysfunction or impotence. If you are still feeling down before going to your family doctor is a good first step but it is unlikely he will know how to treat order cialis online panic disorders . If the cialis prescription is available what is the reason for taking the levitra. the plight of the middle class.

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America’s suffering and neglected middle class

The bad news for America’s middle class continues, as the real unemployment rate (the Bureau of Labor Statistics (BLS)  U6 number) remains high at 10.5%, with long-term unemployment representing between a quarter and a third of all those without jobs.  For those with jobs, salaries have not improved in relation to inflation rates.

While more federal dollars went to the poor, and the wealthy benefited from President Obama’s policies, (The Federal Reserve notes that during the Obama Administration, only the wealthiest 10% saw their median income rise during the 2010-2013 period) the middle class has suffered.

According to the Federal Reserve  “Families in the middle to upper middle parts (between the 40th and 90th percentiles) of the income distribution saw little change in average real incomes between 2010 and 2013 and thus have failed to recover the losses experienced between 2007 and 2010.  Only families at the very top of the income distribution saw widespread income gains between 2010 and 2013, although mean and median incomes were still below 2007 levels.

“Consistent with income trends and differential holdings of housing and corporate equities, families at the bottom of the income distribution saw continued substantial declines in real net worth between 2010 and 2013, while those in the top half saw, on average, modest gains. ‰ Ownership rates of housing and businesses fell substantially between 2010 and 2013. ‰ Retirement plan participation in 2013 continued on the downward trajectory observed between the 2007 and 2010 surveys for families in the bottom half of the income distribution. Participation rebounded slightly for upper-middle income families, but it did not move back to the levels observed in 2007.”

The National Employment Law Project notes that “Since employment hit bottom in February 2010 Employment growth during the early recovery was heavily concentrated in lower-wage industries and occupations…We find that low-wage job creation was not simply a characteristic of the first phase of the recovery, but rather a pattern that has persisted for more than four years now. Deep into the recovery, job growth is still heavily concentrated in lower-wage industries. As a result of unbalanced employment growth, the types of jobs available to unemployed workers, new labor market entrants, and individuals looking to move up the career ladder are distinctly different today than they were prior to the recession.

“There continues to be an imbalance between the industries where the recession’s job losses occurred and the industries experiencing the greatest growth four years into the recovery. Lower-wage industries accounted for 22 percent of job losses during the recession, but 44 percent of employment growth over the past four years. Today, lower-wage industries employ 1.85 million more workers than at the start of the recession. Mid-wage industries accounted for 37 percent of job losses, but 26 percent of recent employment growth. There are now 958,000 fewer jobs in mid-wage industries than at the start of the recession. Higher-wage industries accounted 41 percent of job losses, but 30 percent of recent employment growth. There are now 976,000 fewer jobs in higher-wage industries than at the start of the recession. Private sector employment growth over the current recovery is stronger than it was following the 2001 recession, but job growth is more concentrated in lower-wage industries.”

A Townhall review of the ongoing plight of the middle class states:  “… middle class Americans are the backbone of the country; yet their interests always seem to take a backseat to those of the wealthy, the poor and the naked self-interest of BOTH political parties. There’s nothing wrong with giving the poor a hand-up or making sure that the rich are treated fairly, but looking after the interests of America’s middle class should be priority #1 for both parties. Instead of treating the interests of the middle class as a star for both parties to follow to take this country into the future, they’ve been getting screwed over. How?

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“Soaring College Prices: Even though median household income has declined ACROSS THE BOARD for Americans in all income groups since 2000, the price of a college education rose at 7.45% per year from 1978 to 2011…

“Trade policies:  a lot of jobs that had to be done locally have moved overseas…as a nation that has embraced free trade policies, we’ve been far too reluctant to throw our weight around to ensure that markets are opened to American products… We don’t make radios and TVs here anymore. No cell phones are made here. Over 42,000 factories have closed since 2001. The villain isn’t free trade so much as politicians who aren’t willing to DEMAND that other countries give our businesses staffed by middle class workers the same opportunity to sell our products overseas as we give other nations.

“Immigration and Illegal Immigration: Illegal immigration mainly hurts poor Americans … However, there are also middle class Americans losing jobs and seeing their wages driven down because they have to compete with foreigners who don’t have the same expenses they do because they’re above the law…Government data show that since 2000 all of the net gain in the number of working-age (16 to 65) people holding a job has gone to immigrants (legal and illegal). This is remarkable given that native-born Americans accounted for two-thirds of the growth in the total working-age population. Though there has been some recovery from the Great Recession, there were still fewer working-age natives holding a job in the first quarter of 2014 than in 2000, while the number of immigrants with a job was 5.7 million above the 2000 level.

“The Debt: … The more money the Fed prints, the more inflation we’re going to ultimately have. The more inflation we have, the less the money that middle class Americans have saved over a lifetime is going to be worth.”

A CNN Money study confirms this. “Workers are taking home their smallest slice of U.S. income on record…That means the richest 1% of American families have captured 95% of the income gains in the recovery, according to economists at the forefront of income inequality research, Thomas Piketty and Emmanuel Saez. The job market still faces a gaping hole… The poverty rate has barely budged during Obama’s presidency, marking the first time it has remained at or above 15% for three consecutive years since 1965….Record number of Americans are on food stamps. Amid the recession, the food stamp rolls surged, and as of 2013, 48 million Americans were receiving the benefits — the highest number since the program began in 1969…The manufacturing revival was a mirage:  manufacturers … are operating with a U.S. workforce that’s a small fraction of the size it was two decades ago.”

The programs and benefits provided to the poor continue to be favored by politicians who see them as an effective method to secure their loyalty in upcoming elections. The wealthy use influence, connections, and contributions to enhance their position. The middle class, the backbone of the nation, continues to suffer.

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America’s Great Divide

Two completely different philosophies of government are dividing the U.S. population. More serious than any mere difference over a single issue, the chasm represents wholly divergent views on the rights of individuals and the powers of federal, state and local authorities.

Since the dawn of the American Republic, there has been a fairly consistent understanding of what government is supposed to do. Washington handles foreign relations, protects the nation from enemies abroad, settles disputes between the states, protects the liberties enumerated in the Bill of Rights (and later amendments), administers federal courts, patrols the borders, delivers the mail, opens up new frontiers and provides major interstate transportation infrastructure. States and localities are tasked with protecting residents from crime, maintaining sanitary and safety conditions, providing local transportation, educating the young, and providing a legal system to peacefully settling local disputes.

There have been relatively moderate additions to those duties. Programs such as Social Security, Medicare, and Medicaid gave the government more direct interaction with individuals. States and cities provided financial and other assistance to those in need. But the guiding principles of the ninth and tenth Amendments within the Bill of Rights remained intact:

Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

In the view of progressives, however, the 9th and 10th Amendment limitations on government’s rights and duties are anachronisms to be largely ignored, as are the separation of powers and the distinction between the federal government’s role and that of more local jurisdictions.

Progressives choose to de-emphasize traditional duties and limitations on government, and replace them with different responsibilities. They advocate reduced funding for defense on the national level and crime fighting on the local level and shifting those dollars to what have been called “nanny state” priorities.

Some of those new priorities have been the subject of ridicule. While mayor of NYC, Michael Bloomberg cut the size of the police department, and advocated cutting the size of the fire department. He focused on regulating what size soda could be purchased, and the salt intake of his constituents.

Others have created extraordinary controversy. The use of the Common Core curriculum to enhance federal oversight of education and politicize curriculum has been contentious. Federal interference into what was once a local responsibility extends even to what food items may be placed on school menus.

The most controversial, of course, was the enactment of Obamacare. While its progressive advocates likened it to programs such as social security, its opponents noted that its lengthy list of bureaucratic interactions with the patient-physician relationship render it an extraordinary and inappropriate increase in federal power.

Paul Joseph Warson, writing for Infowars in 2012   stated that “The nanny state is no longer just on steroids, it has turned into the Incredible Hulk as collectivism, pernicious bureaucracy, regulation, mass surveillance and outright tyranny runs wild across the country.”

He provided a number of examples. Among them:

– Parents across the country are being arrested for letting their children play outside.

–a man was found guilty and sentenced to spend 30 days in jail for collecting rainwater in three “illegal reservoirs” despite the fact that they are on his property.
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– Last year, a Michigan resident faced jail time for the crime of growing a “vegetable garden in front yard space.”

– Americans are being harassed by utility workers who are trespassing on private property and forcibly trying to install “smart” energy meters which spy on homeowners.

– Cities are passing ordinances that makes recycling compulsory

– The TSA has expanded its grope-down checkpoints beyond the airports to highways, political events and even school prom nights.

– The TSA is kicking Americans off flights for having a “bad attitude” and refusing to obey bizarre orders quickly enough.

– A teenager was recently visited by FBI special agents who grilled him over the content of a political You Tube video.

– The EPA is using spy drones to monitor farms as police use Predator drones to hunt down Americans for the crime of allowing cows to wander onto their land.

– Students in schools across the country are being indoctrinated to accept their treatment as prisoners on parole by being forced to wear RFID tracking chips.

– Veterans across the country are being declared “mentally defective” on a whim by the state and having their firearms seized.

– The federal government is officially backing Al-Qaeda fighters in Syria while declaring conservative Americans to be extremists and terrorists if they are “reverent of individual liberty.”

The dramatic increase in the size of existing programs is also indicative of the shift in governmental emphasis from basic services to a social-welfare nanny state. The Fiscal Times has noted that “everyone is aware of SNAP (food stamps), the mother of all food handouts, where over 47.8 million people participate at an annual cost of $81 billion. But awareness of the sprawling array of other government food programs is another eye opener. WIC, for example, the Women, Infants and Children Food and Nutrition Service, started small in 1968 to help poor and undernourished mothers-to-be. It now covers 53 percent of all infants in America at an annual cost of $8.8 billion, and involves 90 state agencies, 1,836 bureaus and 9,000 clinics. This now staggering project is a gateway to many other government-funded entitlement programs, including SNAP. There are, of course, lots of rules and the catalogue of approved foods is mind-boggling. Under WIC, mothers to be can’t buy white potatoes (insufficiently nutritious), imported cheeses or cheese spreads and only 9 types of domestic cheeses are approved. Canned beans are fine, but not if they include pork or frankfurters. Moms may buy a gallon of milk, but only in gallon containers, not two half-gallons.

“The spread of free school lunches—and now free breakfasts– is another story. In 1969, some 2.9 million youngsters received free lunches daily. By 2012, there were 18.7 million free lunches, 68.2 percent of all school lunches. What about free food during summer? No problem thanks to the Seamless Summer Option. Now ALL children can eat free in communities where 50 percent of all children are eligible for free or reduced-cost meals—that’s about two-thirds of all schools with lunch programs. In large part, the 50 percent of lunches that go to apparently ineligible youngsters are given to avoid stigmatizing the eligible.”

The list of individual examples could go on and on. But the key point is the significant growth in the powers of government in untraditional and unconstitutional areas, and the neglect of more appropriate responsibilities.  All this has occurred without any attempt to truly involve the American people in any meaningful discussion or debate.

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TSA ignores Court order

During this summer travel season, Americans will meekly submit to searches at airports. Some types of those examinations may not be legal.

Advanced imaging technology (AIT) was first deployed by the Transportation Security Administration (TSA) in 2007. According to the TSA, “Since imaging technology has been deployed at airports, more than 99 percent of passengers choose to be screened by this technology over alternative screening procedures.”

In 2011, the  United States District Court for the District of Columbia  ruled that the TSA failed to properly fulfill the appropriate rule making process before using the devices. “The implementation of this technique clearly affects the privacy of passengers without a valid procedure allowing for all the facts to be reviewed and objections to be heard.” In its decision, the Court noted that “…the TSA has not justified its failure to issue notice and solicit comments…In May 2009 more than 30 organizations… sent a letter to the Secretary of Homeland Security, in which they objected to the use of AIT as a primary means of screening passengers. They asked that the TSA cease using AIT in that capacity pending ‘a 90-day formal public rulemaking process.’ The TSA responded with a letter addressing the organizations’ substantive concerns but ignoring their request for rulemaking.”

The Court ruled that the TSA must comply with valid rule making procedures. Despite the extended passage of time, the TSA has ignored the Court’s mandate.  Now several organizations and individuals are moving to force the TSA’s hand.
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The Competitive Enterprise Institute  (CEI) filed a lawsuit in late July against the (TSA) for ignoring the Federal District Court. According to CEI, “The lawsuit aims to hold the TSA accountable to a court’s ruling that it had violated the law by failing to follow basic required administrative procedures, including allowing the public to comment on their screening proposal. CEI is joined as co-petitioners by the National Center for Transgender Equality (NCTE) and The Rutherford Institute, as well as two CEI employees in their capacity as private individuals…The CEI action is also joined by several other groups…Constitutional attorney John W. Whiteheadsaid, ‘Despite the massive invasion of privacy perpetrated by whole body scanners on millions of air travelers and a federal court order that the TSA issue a rule on their use, the government has refused to do so, thereby avoiding providing justifications or enforceable guidelines for their use. This is another example of the government employing surveillance technologies regardless of and outside of the limits of the law…”

CEI has filed a petition for writ of mandamus asking the D.C. Circuit Court to enforce its July 15, 2011, decision that found the TSA in violation of the Administrative Procedure Act. The organization hopes to force the TSA to produce its required final rule on body scanners within 90 days.

The Rutherford Institute  which has joined in the action states that “We are the unwitting victims of a system so corrupt that those who stand up for the rule of law and aspire to transparency in government are in the minority. This corruption is so vast it spans all branches of government, from the power-hungry agencies under the executive branch and the corporate puppets within the legislative branch to a judiciary that is, more often than not, elitist and biased towards government entities and corporations. The whole body imaging scanners are a perfect example of this collusion between corporate lobbyists and government officials…We the people’ have not done the best job of holding our representatives accountable or standing up for our rights. But something as invasive as these scanners certainly shouldn’t be forced on the American public without the absolute assurance that it will not harm our health or undermine our liberties. At a minimum, the TSA should be required to establish rules governing the use and deployment of these scanners and have those regulations vetted by the public.”

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Diminished U.S. Navy can’t counter growing Chinese threat

Beijing’s construction of artificial islands over 600 miles from the Chinese mainland in international waters is causing major military and economic threats. More than $5.3 trillion in global sea-based trade relies on unimpeded sea lanes through the South China Sea.

“China’s assertiveness in the South China Sea is an issue the American public must know about and the United States must address,” U.S. Navy Pacific Commander Admiral Harry B. Harris Jr. stated at a July 24 security panel discussion in Aspen. Harris specifically noted Beijing’s high seas artificial island projects, which China uses to unlawfully extend its power. In only 18 months, China has reclaimed almost 3,000 acres.

The PACCOM commander emphasized that “The South China Sea is front and center in the tug-of-war between the majority of regional nations that want to maintain the status quo and China that wants to change it to suit its narrow self-interest.”  In addition to the military threats created by Beijing’s actions, China’s building project is causing “severe environmental impact …leading to the most rapid rate of permanent loss of coral reef area in human history….China’s destructive activities will result in the permanent loss of coral reef in one of the most important reef systems in the Pacific,” Harris said.

The Sydney Morning Herald  reported in May that “China has moved weaponry onto those artificial islands. China has warned that it would gradually expand “offshore waters defense” to include “open seas protection”, and that it would not tolerate other countries “meddling.”

Disputes center around the right of nations to fly or sail within 12 nautical miles of the artificial islands. Breaking Defense notes that “China claims its constructions in the South China Sea are permanent and inhabited islands, which would legally mean they are each surrounded by territorial waters and airspace for 12 miles in every direction. The US considers them to be artificial and temporary structures, which under international law means they have no legal impact on other nations’ rights of passage in the surrounding seas or airspace. The Chinese have made it clear they think that flying or sailing within 12 nautical miles of these structures would be an unmistakable challenge to their claims…”
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America’s growing military deficiencies contribute to Beijing’s aggressiveness. According to Department of Defense statistics obtained by the Wall Street Journal, China has 73 frigates and destroyers in the region, compared to the U.S. Navy’s 9. It has 58 [other reports say 71] submarines compared to the Navy’s 2 (and occasionally less) and 2,100 fighter/bomber aircraft compared to America’s 54. Beijing is preparing its aircraft carrier for fully operational duties. When ready, it will equal in number the single carrier the U.S. generally has in the region.

China’s lead in numbers is matched by qualitative advantages as well.  Spacewar reports that China has developed the “Type 055” cruisers, which will be the largest of its class in Asia. According to some reports, China’s submarines have extraordinary capabilities which make them extremely dangerous to the U.S. Navy.

Although the Obama Administration has stated that it will divert resources to the region to counter the growing threat, the reality is that it refuses to commit the resources necessary to rebuild the diminished navy. The maritime service, at approximately 254 ships, is a shadow of its former strength of 600 vessels, and it has lost experienced personnel as well. Even some of those few remaining ships remain docked due to budgetary problems.

Add to those worrisome statistics an array of unique weapons, including land-based missiles that can disable ships from hundreds of miles away, and the clear picture of a U.S. Navy that has rapidly lost its superiority becomes evident, particularly when a number of its remaining ships must remain in port due to budget constraints.