Category Archives: 2nd Amendment

Terror threats, the New Normal

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When the Washington Post publishes an item explaining that Barack Obama has left his terror strategy and messaging to his deputy national security advisor Ben Rhodes, America is in trouble. Obama think he has a strategy and that all of us across the country ‘just don’t get it’.

Obama thinks his Syria strategy is right — and folks just don’t get it

Throughout the nine-day trip, which had begun less than 24 hours after the terrorist attacks in Paris, they had all heard critics at home and abroad charge that he had no coherent game plan, Obama said. There had even been suggestions that France, with tough talk and a series of retaliatory airstrikes, was now leading the anti-terrorism fight.

Aides agreed that the message they had heard on the road was “jarring,” said a senior administration official who was on the flight.

But while many outside the administration found the strategy itself lacking, Obama felt what they really needed was to do a better job of explaining it. He ordered what the official called an “uptick in our communications tempo.” More here.

Terror threats are the new worldwide normal standard. The question is when will leaders take forceful action both militarily and begin to profile, collaborate and train? Let us not forget, just this past May, Department of Homeland Security Secretary Jeh Johnson announced expedited travel ‘preclearance’ programs with at least 9 foreign countries.

Terror threats will be the new normal for Europe, experts say

Guardian: Terrorism experts believe Europe faces a “new normal” of more threats and disruption to major events as security fears remain high in the months ahead.

Following the attacks in Paris, analysts in the UK and Europe say security services are coming to terms with the fact that Islamic State appears to have the intention and capability to hit European targets in professionally planned and executed attacks.

Munich was partially evacuated following a terror threat on New Year’s Eve, and events in other European cities were either cancelled or scaled down because of security concerns.

Margaret Gilmore, a senior associate fellow at the Royal United Services Institute, said more disruption was likely.

“For the last 15 years there have been terrorist organisations who have wanted to carry out attacks in crowded places, so in that sense this is nothing new. And since the attack in 2008 in Mumbai we have been aware of the possibility of the marauding multi-site gun attacks.

“But what is new now is that Isis has proved they are capable, after Paris, of carrying out terrible attacks beyond its traditional arena of the Middle East.”

She said the attack on the French capital had underlined how quickly the group had grown. She said security services in each country would still have to judge each threat on its merits, but the knowledge that Isis has the capability to carry out large-scale attacks would mean more security – and potentially more cancellations of high-profile events.

“It is clear from what we saw in Paris that they are capable of controlling the process – able to train, plan and execute these attacks – and that is something that the security services across Europe will be taking very seriously indeed.”

Prof Rik Coolsaet, a terrorism expert at Ghent University in Belgium, said that although there was nothing new in terrorist groups wanting to attack high-profile public gatherings such as New Year’s Eve, Isis’s appeal meant Europe was entering a new era.

He said the group had become the “object of all kinds of fantasies for all kinds of individuals, from thrill-seekers to the mentally unstable”, who wanted to be part of the Isis, and that made the security services’ job much harder.

“In the months ahead we are going to be facing a new normal,” Coolsaet said. “One day the hype surrounding Isis will have vanished, but until that happens I fear there will be more threats, more disruption, more houses raided and more arrests as countries come to terms with the scale of this group and its intentions … It is something we will have to get used to.”

He also warned there was a danger of people conflating Europe’s refugee crisis with the growing terror threat.

“What I do fear is the combination of these two things into something near hysteria. We must not confuse these two separate issues and we must be wary of any politicians who try and do that for their own ends, to the detriment of the very fabric of our society.”

2016 A Tidal Wave of New Regulations

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What’s Next on Gun Control: Obama and the Loophole

The White House will likely go around Congress and require background checks for all “in the business” of selling firearms.

Bloomberg: The next shoe to drop on gun control may come by mid-January, when President Barack Obama is expected to issue an executive order requiring everyone “in the business” of selling firearms to perform background checks.

Wait a second, you might be saying. Doesn’t federal law already oblige gun retailers to do computerized criminal checks via the Federal Bureau of Investigation’s data base? Yes and no.

Yes, when it comes to federally licensed dealers. But no, when you’re talking about people who lack federal licenses and sell guns from their personal collections.

The problem is that an awful lot of firearms are sold in the latter fashion by individuals who aren’t technically gun retailers but who sell weapons at weekend gun shows or from their homes. Forthcoming research by the Harvard School of Public Health estimates that 40 percent of all gun transfers occur without background checks (that’s the so-called gun show loophole). Presumably the background-check gap permits some criminals and mentally disabled people to buy guns who otherwise might be stopped.

Following another a year of shooting massacres of Americans, Obama has let it be known from his holiday retreat in Hawaii, through unidentified advisers, that soon after New Years Day he plans to follow through on plans to expand the definition of who’s “in the business” of selling firearms—and who’s thus required to perform background checks. Democratic presidential candidate Hillary Clinton, among others, has strongly backed this idea, and now Obama appears ready to make its implementation one of the first major acts of his final year in office.

Another fan of expanded background checks: Michael Bloomberg, owner of Bloomberg LP and founder of Everytown for Gun Safety, the nation’s leading nonprofit advocating tougher regulation of firearms. Bloomberg visited Obama at the White House last week to discuss gun-safety strategies.

The timing of the expected Obama move on background checks guarantees it will receive a hostile reaction from gun-rights advocates, thousands of whom will gather next month in Las Vegas for the firearm industry’s annual Shooting, Hunting & Outdoor Trade Show, known as SHOT.

An ironic twist is that many of the attendees at SHOT each year are federally licensed bricks-and-mortar gun dealers who sometimes concede privately that they have no real problem with all gun sellers being forced to do background checks. These full-time retailers resent competition from casual unlicensed sellers at gun shows.

But the National Rifle Association’s orthodoxy—that any additional gun control is merely a first step toward bans and confiscation—holds sway in the firearms world, making outward expressions of support among gun sellers for Obama’s proposal unlikely. While the enormous gathering in Las Vegas isn’t technically an NRA event, the group’s strong anti-Obama stance will almost certainly be evident there, and a fresh proposal to stiffen regulation may have the effect of pouring gasoline on a fire already burning hot.

There will probably be calls to challenge Obama’s authority to broaden the background check mandate without congressional involvement. Lawsuits and objections from pro-gun Republicans on Capitol Hill will likely follow, as has happened with other efforts by the administration to use executive authority in the environmental arena.

Another sure thing: Texas Senator Ted Cruz and other Republican presidential candidates will condemn the Obama proposal. In other words, the Great American Gun Debate will continue in 2016.

The Hill: President Obama is preparing to unleash a wave of new regulations in 2016 as he looks to shore up his legacy on public protection issues during his final year in office.

The Securities and Exchange Commission, the Food and Drug Administration and the Department of Labor are all expected to finalize major federal rules that critics say are long overdue. The regulations include a final rule from the 2010 Dodd-Frank financial reform law that will force companies to compare the paychecks of their top executives with company performance, final rules for cigars and electronic cigarettes proposed well over a year ago, and a final regulation to protect constructions workers from deadly silica dust.

Here’s a look at the top regulations expected to come from the administration in 2016.

Pay for performance

The Securities and Exchange Commission (SEC) is expected to finalize its “pay for performance” rule that will require publicly traded corporations to disclose how much their top executives are paid and compare that to the companies’ overall financial performance.

The agency, which first proposed the rule in May, set an October 2016 deadline for the final rule last month. The SEC contends it will allow shareholders to make more informed decisions when electing directors.

Arbitration

Regulatory experts are expecting the Consumer Financial Protection Bureau (CFPB) to propose new rules in 2016 to protect consumers’ right to file or join a class-action lawsuit against a financial company.

More and more companies are adding arbitration clauses to contracts that prevent consumers from resolving a dispute through the court system. Instead, the language, which can often be found in credit card and cellphone contracts, typically states that disputes about a product can only be resolved by privately appointed individuals or arbitrators.

Dodd-Frank directed the CFPB to do a study of arbitration agreements and issue a report of its findings to Congress. After the agency completed the report in March, it announced plans to proceed with a rulemaking.

E-cigarettes

Industry and health groups may not agree on the rules, but both are exasperated by the delay in first-ever regulations from the Food and Drug Administration (FDA) for cigars and electronic cigarettes.

Health groups were frantic in the days leading up to the release of the $1.1 trillion government spending deal earlier this month, fearing that industry had successfully lobbied for a change that would have exempted many e-cigarette and cigar products from the restrictions.

Industry groups, however, came up empty-handed and will now wait to see if attempts to lobby the White House for last-minute changes paid off. Those organizations are most concerned about a provision in the proposed rule that would require all products that hit store shelves after Feb. 15, 2007, to apply retroactively for approval, a process that companies say would put them out of business.

The FDA originally said the final rules would be out last summer but changed the deadline to November. The White House Office of Management and Budget (OMB), which is reviewing the final rule, was still meeting with industry and health groups last week.

Silica dust

The Department of Labor is in the process of finalizing a years-in-the-making rule to protect workers from silica dust.

Peg Seminario, the AFL-CIO’s safety and health director, said the labor group has been awaiting the rule since 1997. Exposure to silica dust, common at construction worksites and shipyards, can cause an irreversible lung disease known as silicosis.

The Labor Department sent the final rule to the OMB last week for final review, a process that can take up to 90 days.

“I’m sure they will give it a thorough review and it’ll be issued sometime, we hope, in the first quarter of the year,” Seminario said.

Workplace injuries

The DOL is gearing up for a busy year, with plans to also finalize a rule that will require employers to report and keep records of workplace injuries and illnesses. Seminario said the draft of the final rule went to OMB in October. Labor groups are hoping to see a final rule in the first quarter.

Overtime pay

Perhaps the most sweeping action to in the new year will be a final rule to extend overtime pay to nearly 5 millions white-collar workers. The Labor Department proposed the rule in June as a result of an executive order President Obama issued in May. Under the rule, any worker earning up to $50,000 annually would be eligible for overtime.

Department spokesman Jason Surbey said the agency is reviewing the more than 270,000 comments it received.

“We’re on track to issue a final rule by July 2016, with an effective date sometime after that,” he said.

Predatory lending

The CFPB is planning a February rollout of its proposed rules to crack down on predatory payday lenders.

The agency released a framework for the rules in March that considered forcing lenders to ensure a borrower’s ability to repay a loan, limiting short-term credits to 45 days or less and establishing a 60-day “cooling-off” period for borrowers who take out three loans in a row.

Payday lenders have already balked at the rules, calling them unnecessary and damaging for consumers who have nowhere else to turn for their short-term lending needs.

Food safety

The FDA is expected to issue final requirements in March for the sanitary transportation of animal and human food.

The rules, which were are mandated by the Food Safety Modernization Act of 2011, establish requirements for shippers, carriers and receivers to use sanitary practices to ensure that that food does not become contaminated when being transported. The final rules were originally expected to be released in April 2015.

Financial advisers 


The Labor Department is also expected to issue a final rule in 2016 that would require financial advisers to disclose more information to their clients about the compensation they receive. 

In October, under mounting pressure from business groups, Labor Secretary Tom Perez said the department planned to make some changes to the contentious regulations — commonly called the “fiduciary rule” — but would not detail what those changes would be.

Methane

The Environmental Protection Agency is expected to finalize new rules to limit methane emissions from the oil and gas sector. The rule would require drillers to use new technologies to track and block both accidental and purposeful leaks when producing and transmitting oil and gas. The EPA has set a June deadline for the release of this final rule.

Obama Gave Clemency to 95 Convicts, Who are They

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Obama gave the warning earlier this year. He also has collaborated with an outside agency on who and why he commutes their sentences.

WASHINGTON — President Barack Obama plans to grant clemency to federal offenders “more aggressively” during the remainder of his presidency, he said in a sit-down interview with The Huffington Post on Friday.

Obama has faced criticism for rarely using his power to grant pardons and commutations. In December, he commuted the sentences of eight federal drug offenders, including four who had been sentenced to life. That brought his total number of commutations to 18.

Obama said he had granted clemency so infrequently because of problems in the Justice Department’s Office of the Pardon Attorney. The former head of that office, who was appointed during the George W. Bush administration, resigned in April amid criticism from criminal justice advocates.

“I noticed that what I was getting was mostly small-time crimes from very long ago,” Obama said. “It’d be a 65-year-old who wanted a pardon to get his gun rights back. Most of them were legitimate, but they didn’t address the broader issues that we face, particularly around nonviolent drug offenses. So we’ve revamped now the DOJ office. We’re now getting much more representative applicants.”

Many of those new applications came from what’s known as the Clemency Project 2014, announced when the head of the Office of the Pardon Attorney resigned. That project, which operates independently of the government, is intended to help DOJ sort through a huge number of applicants to figure out who meets specific criteria laid out by the administration.

4 of the 95 Prisoners Obama Just Set Free Had Nothing to Do With Drug Sentences

On Friday, President Obama granted clemency to 95 convicted prisoners. The vast majority of these individuals received harsh sentences for relatively minor drug offenses. Most of them will become free men and women on April 16, 2016.

Speaking to the press, Obama said:

“Earlier today, I commuted the sentences of 95 men and women who had served their debt to society – another step forward in upholding our fundamental ideals of justice and fairness.”

While they were referred to by the media as “drug offenders,” four of the men and women included were not punished for anything having to do with drugs. Here is some background on these “Freed Four.”

George Andre Axam

Crime: possession of a firearm by a convicted felon

Sentence: 15 years in prison

Though Axam had a history of drug abuse and felony offenses, the crime for which he was imprisoned occurred in December of 2001.

After arguing with his daughter outside his Atlanta house, Axam went back inside, retrieved a gun, then went outside and reportedly aimed it at his daughter’s boyfriend, who was sitting in a car. Axam proceeded to fire “one of two shots in [the boyfriend’s] direction,” then fled into the woods when the police came after him.

Carolyn Yvonne Butler

Crime: Three counts each of armed bank robbery and using a firearm during a violent crime

Sentence: 48 years in prison

Butler robbed three banks at gunpoint in 1991 – one on June 4, another on July 10, and the third on November 22. She reportedly purchased a .25 caliber pistol in San Antonio two days before the first crime.

Though she appealed her guilty verdicts, the U.S. Court of Appeals upheld her convictions.

Jon Dylan Girard

Crime: Counterfeiting

Sentence: Six months of home confinement and three years probation

Girard, a physician in Dayton, Ohio, was convicted of counterfeiting in 2002. He was granted a full pardon by the President.

Melody Eileen Homa (née Childress)

Crime: Aiding and abetting bank fraud

Sentence: Thirty days of home confinement, three years probation, 200 hours of community service

Homa committed her crime way back in 1991. Like Girard, the presidential pardon expunged the bank fraud charges from her record.

It’s unclear why these four individuals were tapped for sentence commutation or pardon. Obama has now granted clemency to a total of 163 prisoners in 2015.

Introducing the New Terror Alert System

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From the White House in 2011:

Homeland Security Secretary Janet Napolitano announces the launch of the new National Terrorism Advisory System, which will replace the old color-coded system with more detailed and more complete information for your safety. (Summary from the White House here)
Only 5 years later:

Feds Tweak Terror Alert System

The new “bulletin” alerts will describe developments and trends in “persistent and ongoing threats”

Time: Federal officials will begin issuing “bulletins” describing non-specific and ongoing terrorist threats to the U.S., according to a senior official at the Department of Homeland Security who spoke to the press Tuesday night

The idea is that these bulletins will add a third, more general threat level to the federal government’s current terror warning system, which the official said did not provide enough “flexibility.”

NTAS Guide in .pdf

The current National Terrorism Advisory System (NTAS) currently has only two levels. An “elevated” alert flags a credible terrorist threat to the U.S. and an “imminent” alert flags a “credible, specific, and impending” threat to the U.S., the official explained. Neither advisory has been used since the system was launched in 2011.

The new, “bulletin” alert level, which goes into effect Wednesday, will describe “current developments and trends” regarding “persistent and ongoing threats” to the U.S. or the American people, the official said. In some cases, a bulletin might include a description of the threat, what federal agencies are doing to address it, and what the American people can do to keep their families and communities safe.

“The secretary believes that he needs a more flexible way of communicating threats to the American people and will put in a third level of advisory, known as the bulletin,” the official said during a media phone call in which he spoke on background.

“We have witnessed constantly evolving threats across the world, from Garland to the streets of Paris, to San Bernardino,” he added. “We have also heard repeated calls from ISIL against our citizens, our military and our law enforcement personnel. In light of these persistent activities, the secretary thought it necessary to… share more information with our fellow citizens.”

The Homeland Security Department and other government agencies have been reviewing NTAS for the last nine months, the official said. The addition of the bulletin is not a direct response to any recent terrorist activity.

In 2011, former Homeland Security Secretary Janet Napolitano launched NTAS to replace the older, five-tiered, color-coded terror warning system created after the Sept. 11 attacks. The color-coded system was criticized for its vagueness, for never dropping below yellow, signifying “significant risk,” and for requiring that the alert color be reported, via automated recordings, at airports and other public spaces. It was widely mocked by comedians and political satirists.

NTAS was designed in 2010 to be more specific. Both “elevated” and “imminent” alert levels would include information about which geographic region, mode of transportation, or type of infrastructure is under threat. Both alert levels also include an expiration date, after which time the alert expires. The new bulletin alerts will be ongoing.