What about Bernie Sanders? Hillary is the Same? Yup

Bernie Sanders as Burlington, Vermont’s socialist mayor (left) and as a Democratic presidential candidate speaking at Dartmouth College this year. (Photos: Craig Line/John Minchillo/AP)

In July 1985, Bernie Sanders traveled to Nicaragua, where he attended an event that one wire report dubbed an “anti-U.S. rally.”

The leftist Sandinista government was celebrating the sixth anniversary of the revolution that saw it take power from an American-backed dictator, Anastasio Somoza. Sanders was in a crowd estimated at a half million people, many of whom were clad in the Sandinistas’ trademark red-and-black colors and chanting “Here, there, everywhere/the Yankee will die.”

Onstage, Nicaraguan President Daniel Ortega accused the U.S. government of “state terrorism” for supporting the rebels who were seeking to overthrow him. The Sandinistas and the CIA-backed Contras would fight into the next decade, with allegations of human rights abuses on both sides. At the 1985 rally Sanders attended, Ortega vowed the Sandinistas would “defend the revolution with guns in hand.”

Sanders was being hosted by the Sandinistas as part of a delegation of American “solidarity groups.” He told reporters their decision to show “support” for the Nicaraguan government was “patriotic.”

“We want to show support for a small country trying to be independent, and we want to tell the truth to the American people when we return,” Sanders said.

Sanders was in the midst of a revolution of his own. Four years earlier, in 1981, he won a shocking victory by only 10 votes to become mayor of Vermont’s largest city, Burlington. Sanders was elected on a socialist platform and led a mayoral administration that he boasted was “more radical” than any other in the country.

And he had a vision. Sanders believed his work in Burlington could spread socialism throughout America. In April 1985, the Los Angeles Times published a lengthy interview with Sanders in which he outlined his plan to spark “radical change.”

“I think from one end of this country to the other, people are ripe for political revolution. Fifty percent of the people do not bother voting in the presidential and statewide elections,” Sanders said. “The vast majority of those not voting are low-income people who have given up on America. The whole quality of life in America is based on greed. I believe in the redistribution of wealth in this nation.”

Sanders went on to suggest his mayoral administration had demonstrated “the people’s contempt for conventional old-fashioned Democratic and Republican politics.

“The radical change in America that must come has to begin on a local level, and it is happening now in Burlington. Then it will spread to state and national levels,” Sanders said, adding, “Of all the 50 states, I believe Vermont more than any other has a good chance of electing America’s first socialist governor. Now that I have proven that I am a good mayor, perhaps the time will be ripe … for me to run for the highest office in the state.”

Sanders ran for Congress rather than governor after leaving Burlington’s City Hall in 1989. But today, his dream of bringing his values to higher office and a national audience is closer to fruition than at any time his life.

A two-term incumbent U.S. senator, Sanders is within striking distance of frontrunner Hillary Clinton in this year’s Democratic presidential primary, with recent polls in Iowa showing the two neck and neck and a Sanders lead in New Hampshire.

As Sanders journeyed from the fringes of Vermont’s political scene to the national stage, many aspects of his agenda and even rhetoric have remained remarkably consistent. However, an extensive examination of his statements and views at the beginning of his political career shows Sanders has moderated some of his positions over the years.

Among other things, during the 1970s and ’80s, Sanders regularly called for public takeovers of various businesses, including utilities and the oil industry. Sanders advocated seizing money from corporations and from one of America’s richest families. And, as a mayor, Sanders made forays into foreign policy that included meetings with representatives of hostile nations, rebel groups and Canadian separatists.

Yahoo News first reached out to Sanders’ presidential campaign to discuss this article last week. In addition to inquiring about Sanders’ past support for nationalizing various industries, Yahoo News asked about Sanders’ presence at the Sandinista rally. This included a request for the campaign to confirm whether a report in the alternative weekly Seven Days that claimed the trip to Nicaragua was paid for by the Sandinista government was correct. The campaign declined to comment. Yahoo also contacted the campaign of Sanders’ Democratic primary rival, Hillary Clinton, which has become increasingly critical of the Vermont senator as the race tightens. It declined to comment as well.

Sanders is now vying to be the Democratic Party’s presidential nominee, but his record reflects just how far outside of the two-party system he started out. In fact, throughout his early career, Sanders expressed distaste for both Democratic and Republican politicians. His first campaigns were long shot bids as a member of the Liberty Union Party, a radical, anti-war group that he helped found.

Under the Liberty Union banner, Sanders ran for one of Vermont’s U.S. Senate seats in 1972. He ran for the state’s other Senate seat in 1974. Sanders, who served as Liberty Union’s chairman, was also the party’s candidate in Vermont’s governor’s races in 1972 and 1976. In all four campaigns, Sanders attracted support in the single digits.

In interviews at the time, Sanders was fairly open about the fact he did not expect to win any of these races. Rather, he suggested the Liberty Union Party could serve as a force to mainstream socialist ideas ahead of an eventual national shift.

During his Senate campaign in 1974, the local Bennington Banner quoted Sanders telling attendees at a Liberty Union event about what he hoped to accomplish with his long shot candidacy.

“You have a reason to knock on doors,” Sanders said. “It’s a good way to organize and educate people. … Talk the issues. People can’t see alternatives. Our job is to open their eyes and give them a vision.”

At a press conference for his second gubernatorial bid in 1976, Sanders predicted it would have a “national impact” if the Liberty Union candidates had a decent showing at the polls because it would show voters there were alternatives to the traditional party system.

“He said voters sense that Democratic politicians have similar views about such issues as rising utility rates, an unfair tax system, low wages, and high unemployment,” UPI reported.

Some of his pitch to voters was quite similar to his current platform. As a Liberty Unionite, Sanders railed against income inequality and — decades before the Occupy movement — what he described as a system that privileged “the wealthy 2 or 3 percent.” As he does now, Sanders called for progressive reforms to taxes and campaign finance.

Other parts of Sanders’ Liberty Union platform went well beyond anything he is currently advocating. In 1973, UPI reported that Sanders urged Vermont’s congressional delegation to “give serious thought to the nationalization of the oil industry.”

The following year, the Bennington Banner reported Sanders’ Senate campaign was focused on “two prime issues.” The first was rate increases for electric and telephone service, which the paper said Sanders sought to confront with “public takeover of all privately owned electric utilities in the state.” Sanders’ plan for public ownership of utility companies involved the businesses being seized from their owners.

It was a view he would carry forward into his 1976 gubernatorial bid: That year Sanders said the Liberty Union platform called for a state takeover of utilities “without compensation to the banks and wealthy individuals who own them.”

These weren’t the only assets Sanders suggested should be seized from the wealthy.

Sanders’ second main theme in his 1974 Senate race was what the Bennington Banner called his “own pet issue,” the “incredible economic power of the Rockefeller family.” As a presidential candidate and member of Congress, Sanders has assailed the influence billionaires and megadonors hold over American politics and media. However, his plan for the Rockefellers went much further, with Sanders implying he would push to have the family’s fortune used to fund government programs. In a 1974 press release, Sanders said “the incredible wealth and power of this family must be broken up.” The Rockefellers’ billions should be “used to create a decent standard of living for all people” by being redirected toward government social programs for the elderly or lower taxes.

Sanders was in the middle of running on an anti-Rockefeller platform in August 1974 when reports began to emerge that President Ford planned to nominate Nelson Rockefeller to be his vice president after the impeachment and resignation of President Nixon. Sanders was apoplectic and sent a letter to Ford urging him to pick someone else because “the Rockefellers are already the richest and most powerful family in the world.” Sanders warned that the appointment “could be the beginning of a virtual Rockefeller family dictatorship over the nation.” Rockefeller was officially nominated about a week later and went on to become vice president.

In late 1977, Sanders left the Liberty Union Party. His departure came after the group endangered its major party status by failing to hold local caucuses required by state law. Sanders said the situation showed the party failed to live up to a promise to supporters that it would remain active beyond campaigns and  “would not disappear from the scene the day after the election.”

But Sanders didn’t drop out of Vermont politics — or stop advocating for private assets to become public property. In 1979, he penned an opinion column for the Vermont Vanguard Press about another industry he felt was ripe for a public takeover — television.

The editorial, titled “Social Control and the Tube,” called for people to “address the control of television as a political issue, and organize to win.” Sanders argued the owners of commercial television stations sought to “intentionally brainwash people into submission and helplessness” through “constant advertising interruptions” and “the well-tested Hitlerian principle that people should be treated as morons and bombarded over and over again with the same simple phrases and ideas.” He said the television industry was designed to “create a nation of morons who will faithfully go out and buy this or that product, vote for this or that candidate, and faithfully work for their employers for as low a wage as possible.” Sanders suggested a public takeover of the airwaves could remedy the problem.

“The potential of television democratically owned and controlled by the people is literally beyond comprehension because it is such a relatively new medium and we have no experience with it under democratic control. At the least, with the present state of technology, we could have a choice of dozens of channels of commercial-free TV,” he wrote, adding, “At the moment serious writers are, by and large, not allowed to write for commercial television for fear they might produce something that is true and hence, upsetting to the owners of the media. Under democratic control, people with all kinds of views could make their presentations, and serious artists would be encouraged to produce work for the tube.”

Sanders had a chance to pursue public control of television broadcasting, as well as his fight against utility companies, when he became mayor of Burlington in March of 1981.

Though he identified as a socialist, Sanders ran as an independent when he won his shocking upset. According to the Associated Press, Sanders made it to City Hall with the help of “a coalition of college professors, poor people, labor unions, neighborhood groups and students.”

“The decisions in this city are not going to be made in the offices of banks and big businesses any more,” Sanders warned after his victory.

Still, Sanders promised he would be “extending the olive branch” to Burlington’s business community and political establishment.

“I’m not looking for war,” Sanders said.

Sanders might not have been spoiling for a fight, but he sure got one. He began his mayoralty with only two supporters on the city’s 13-member board of aldermen. The rest were Democrats and Republicans who vehemently opposed Sanders. In his first months in office, the aldermen blocked Sanders’ appointments. He also accused city officials of firing his secretary and even opening his mail. One day Sanders’ rust-covered car was ticketed when he parked in his special mayoral spot.

“I guess now what I expect is that the Democrats on the board are going to attempt to make every day of my life as difficult as possible,” Sanders said at a June 1981 press conference about the rejection of his appointees. “That’s fine. We will reciprocate in kind and we will work vigorously to carry out in one way or the other the mandate we were elected to carry out.”

As mayor of Burlington, Bernie Sanders fought in court for the right to hire city appointees and found tickets on his car when he parked in the mayor’s spot. (Photo: Donna Light/AP)

Burlington’s new mayor was a lot for some of his constituents and colleagues to get used to. Sanders is a Brooklyn native with a decidedly confrontational and prickly demeanor. The New York Times reported on an incident that took place a little over six months after he took office when Sanders essentially insulted a room full of charity workers. Sanders had been invited to speak at the 40th annual Chittenden County United Way fundraising drive. When he stood up to speak at the banquet, Sanders let the attendees know he didn’t support their work.

“I don’t believe in charities,” Sanders said before explaining that he felt government should be responsible for social programs.

Gary De Carolis was one of Sanders’ Progressive Coalition allies on the board. De Carolis spent six years in Burlington city government during the Sanders administration and grew to be “close friends” with him, he told Yahoo News. According to De Carolis, Sanders’ initial battles with the aldermen were “brutal,” “very nasty” and “unbelievably loud.”

“Most nights you went in there and you knew it was going to be hell,” De Carolis explained. “You had to stand up for what you believed in … it was not pretty.”

De Carolis attributed the anger at Sanders to the city’s Democratic establishment losing power to an independent socialist.

“Most times he had, in a sense, the law and the statutes of the city behind him,” said De Carolis. “A lot of what was coming at him was total anger for the loss of power from the Democratic Party.”

Sanders’ appearance may have stood out almost as much as his policies. Multiple articles about the early days of his mayoral administration allude to his casual and even sloppy personal style. Sanders reportedly purchased a suit an hour before his inauguration and lived in an apartment that De Carolis described as “a mess.” In 1982, Knight-Ridder news service spoke to James Burns, one of Sanders’ rivals on the board of aldermen. Burns said he didn’t “get along too well” with the mayor and went on to mock Sanders.

“He’s quite crude,” Burns said before imitating the way he claimed Sanders would slouch at meetings. “It doesn’t put forth an executive image, when you see someone slinked in a chair.”

Still, in spite of the rocky start, Sanders eventually won over the board — literally. By 1985, six of the aldermen were members of Sanders’ Progressive Coalition. During his four terms in office, Burlington’s socialist mayor presided over a prosperous economic climate and his treasurer discovered a $1.9 million surplus that had gone unnoticed in the budget. Though Sanders installed a new tax on money spent at hotels, restaurants and bars, he pushed for lower property taxes. Sanders also audited the city’s pension fund and initiated competitive bidding for many government contracts.

‘I am a socialist,“ Sanders told the New York Times in 1987. “But what we’re doing here is not socialist. It’s just good government.”

Sanders also began dabbling in mainstream politics. He endorsed his first Democratic presidential candidate, Walter Mondale, in 1984. Sanders even wore a suit sometimes. De Carolis said Sanders would dress up for his visits to the State House in Montpelier. The Associated Press pointed out Sanders wore a suit for a debate when he was running for re-election in 1983 though the reporter said aides had to help Sanders fix his tie before he went out onstage.

“I used to dress up a little bit better than Bernie,” De Carolis recounted. “He used to say to me, ‘Gary, you got to teach me about these ties and all this nice coordinated clothing.’”

Of course, Sanders still pursued a staunchly progressive agenda while he was mayor. He continued battling with Vermont’s utility companies. He charged them new fees for excavating on city streets and pushed for them to raise commercial rates in order to lower costs for residential clients. And while he didn’t try to seize the local television industry, Sanders sought to establish a city-owned and -operated cable system to compete with the private Green Mountain Cable Television network.

Sanders was an early crusader against gentrification. During his eight years in office, Sanders fought for rent control and tenants’ rights. He also battled to secure public space on the Lake Champlain waterfront when developers wanted to use the land for high-end housing. Almost immediately after being elected in 1981, Sanders declared, “luxury condominiums will not be the priority of this administration.”

“We have a city that is trying to help a developer build $200,000 luxury waterfront condominiums with pools, and health clubs, and boutiques, and all sorts of upper-middle-class junk five blocks from an area where people are literally not eating in order to pay their rent and fuel bills,” Sanders said.

The waterfront park Sanders pushed for was eventually built. In fact, it’s where Sanders stood when he held a rally to launch his presidential campaign last year.  Along with fighting development on the lakefront, Sanders also established anti-pollution programs and a community land trust. Other progressive achievements during the Sanders administration included a law requiring women to get 10 percent of city-funded trade jobs, a 1985 resolution supporting gay rights, and programs that allowed city employees to have input on personnel policies including sick leave.

Still, Sanders’ most radical actions as mayor had little to do with Burlington. While in office, Sanders pursued a foreign policy agenda independent of and at times at odds with the aims of Washington. This included engagement with controversial international political groups and countries that had hostile relationships with the United States.

Sanders found multiple ways to involve himself in the war between the Sandinistas and the Contras in Nicaragua. In addition to traveling to the country and attending Ortega’s rally, Sanders’s Progressive Coalition on the board of aldermen passed a 1985 resolution pledging Burlington would defy President Ronald Reagan’s embargo of Nicaragua. Sanders also established a sister city relationship with a Nicaraguan town, Puerto Cabezas.

His actions drew such attention that the “Doonesbury” comic strip infamously nicknamed Sanders’ city the “People’s Republic of Burlington” after he took office. Along with visiting Nicaragua, UPI reported, Sanders traveled to Cuba and the Soviet Union during his years as mayor. And on Dec. 6, 1981, Sanders went to Canada for the policy convention of the Parti Québécois, the separatist party that led the Canadian province of Quebec. At that gathering, which reportedly was also attended by representatives of the Palestinian Liberation Organization, the PQ voted to push for independence from Canada even if it required breaking economic ties.

Sanders’ diplomatic efforts also included welcoming dignitaries to City Hall in Burlington. In 1985, the Los Angeles Times noted “politicians from France, England, Mexico, Scandinavian countries, visitors from the Soviet Union and China, and representatives from the Irish Republican Army have stopped by Sanders’ office during the past four years.” Sanders also told the paper about his unusual idea for confronting Cold War tensions.

“A handful of people in this country are making decisions, whipping up Cold War hysteria, making us hate the Russians. We’re spending billions on military. Why can’t we take some of that money to pay for thousands of U.S. children to go to the Soviet Union?” Sanders asked, adding, “And, why can’t the Soviets take money they’re spending on arms and use it to send thousands of Russian children to America? We’ve got to start breaking down the walls of nationalism. We’ve got to get people to know one another.”

De Carolis, Sanders’ friend and ally in city government, said Sanders was able to delve into foreign policy because he focused on Burlington first and constituents were happy with basic services.

“If you’re going to take on bigger national and international issues, you better take care of the home front first,” De Carolis said. “He was very good about making sure the streets were plowed, the sidewalks were in good repair, all those things that concern people every day of their life. He was great about that, and that afforded him the opportunity to develop relationships with various countries around the world.”

Sanders left the mayor’s office in 1989 after deciding not to run for re-election. He was followed by Peter Clavelle, whom UPI described as his “hand-picked successor.” Sanders, who unsuccessfully ran for Congress in 1988, won a House race two years later, beginning his career in Washington. He was elected to the U.S. Senate in 2006.

Sen. Bernie Sanders smiles as former Sen. Paul Kirk, not pictured, endorses him for the Democratic presidential nomination at Dartmouth College in Hanover, N.H. (Photo: John Minchillo/AP)

As a presidential candidate, Sanders has maintained the relentless focus on income inequality and tax reform that was a hallmark of his earlier career. Still, there’s no question he also has moderated some of the views he espoused at the start of his political career.

Sanders was an independent in Congress and an opponent of the two-party system. Today, his very presence in a Democratic presidential primary signals a shift in his longstanding position and a softening of his views. He also has stopped calling for the nationalization of industries. In November of last year, as his campaign gained steam, Sanders gave a landmark speech defining his “democratic socialist ideals.” In the address, he explicitly said he does not “believe government should take over the grocery store down the street or own the means of production.”

Washington writer Harry Jaffe, author of the new book “Why Bernie Sanders Matters,” suggested that this turn away from advocating for the public takeover of industries has been the biggest change in Sanders’ platform over the years.

“The basic socialist plank is … public control of the means of production,” Jaffe said. “He believed that because he said it and I quote him as saying that. … He’s totally changed that.”

Indeed, leftists have criticized Sanders for no longer supporting nationalization of industries and openly speculated about whether his current brand of “democratic socialism” is socialism at all.

“Once Bernie Sanders made it clear that he wasn’t a socialist in the classic terms, he’s pretty much stayed true to … his basic positions … that there’s too much of a difference between the rich and the poor,” Jaffe said. “He’s been pretty straightforward on that. I think he’s been pretty straightforward on the universal health care.”

Jaffe described the situation as a “deal with the devil” Sanders made as he sought higher office.

“Bernie Sanders is not stupid. He’s a very canny, canny political operator. He just really is smart and he’s expedient,” said Jaffe. “He made a deal with the devil. It’s a very, very slick and small deal in that, you know, he said, ‘OK, I will come off of my hardcore socialism, but I’m going to stick very tightly to the rest of my basic belief system.’ … He certainly did that.”

Sanders’ foreign policy ideas are also far more mainstream than they were when he was mayor of Burlington. Jaffe cited Sanders’ votes to approve increased defense spending — even though they came begrudgingly — as another area where his views have “moderated.” Though Sanders has heavily focused on the fact he voted against the Iraq War, Sanders has voted to authorize military force in other instances. Jaffe said this is another shift for a politician who began his career extremely “skeptical” of war.

“He voted a couple of times for troop involvement in Afghanistan and Iraq,” Jaffe said. “He’s going to shove his first vote in front of Hillary Clinton forever because he did vote against the Iraq War, but after that, he did vote for troop engagement.”

Though his campaign has promised he would “move away from a policy of unilateral military action, and toward a policy of emphasizing diplomacy,” Sanders is not opposed to military action. In Congress, he voted to authorize NATO bombings in the Kosovo War in 1999 and in Afghanistan following the Sept. 11 attacks. Since the start of the Iraq War, Sanders has voted to approve funds used to finance that conflict, leading to criticism from the left. As Sanders ran for Senate in 2006, the website of the Socialist Worker newspaper described those votes as “betrayal.”

When asked if Sanders has moderated his views since the early days, his old friend De Carolis allowed that facing past political fights may have led Sanders to temper his positions somewhat.

“Knowing what he’s been through the last 20 or 30 years, maybe to a degree but not much,” De Carolis said.

“What you hear today is very much what you heard back then,” he said.

However, Sanders’ ally has noticed one major difference. These days, Sanders generally wears a suit and tie.

“If there’s anything that’s changed, it’s that he dresses much nicer now,” De Carolis said.

Senator Session’s Book on Immigration and Green Cards

Under Barack Obama, the United Nations is also the headquarters of who can claim a new identity, that of an American. The same does for Europe, the world is one big global citizen, loyal to nothing and fully borderless.

Hat tip to Chuck and Daily Caller:

Jeff Sessions Releases Book Of Charts Putting Immigration And Green Card Issuances Into Shocking Perspective

Alabama Sen. Jeff Sessions released a book of graphs and charts on Wednesday that helps put the U.S.’s relaxed immigration policies in shocking perspective.

“Record-breaking visa issuances propelling U.S. to immigration highs never before seen,” is the sub-title to the Republican immigration hawk’s “chart book.”

Sessions, who chairs the Senate Subcommittee on Immigration and the National Interest, asserts that the federal government will legally add 10 million or more “new permanent immigrants over the next 10 years.”

He also cites polls showing that a “stark” majority of Americans want lawmakers to reduce immigration rates, not increase them. Polls from Gallup and Fox show that Americans support an immigration reduction to an increase by a 2-to-1 margin.

Sessions’s chart book is aimed at providing readers an easy-to-understand frame of reference for immigration flows and green card issuances, past and present.

In one chart, Sessions compares the number of green cards that will be issued in the next decade to the population of the first three presidential primary states — Iowa, New Hampshire, and South Carolina.

Alabama Sen. Jeff Sessions "Chart Book"

Another chart entitled “Immigration Adds 1 New Los Angeles Every 3 Years,” which is based on U.S. Census Bureau statistics and population projections, shows that the 11.4 million immigrants will enter the U.S. over the next nine years. “Unless immigration reductions are enacted,” the immigration population will increase in size equal to the population of Los Angeles — 3.9 million — every three years, Sessions notes.

sessions2 The number of green card issuances that can be expected over the next decade is also the equivalent of the combined population of seven of the largest cities in the U.S., including Los Angeles, Chicago, and Dallas, St. Louis, Denver, Boston, and Atlanta, Sessions notes.

sessions3

Other charts include one which shows that the U.S.’s immigration population will grow to more than 700 percent of 1970 levels by 2060.

By then, the U.S. will have 78.2 million foreign-born residents, according to the U.S. Census Bureau. In 1970, that number was 9.6 million.

And another chart takes aim at immigration from majority-Muslim nations. The U.S. has issued 680,000 green cards to migrants from those nations in the last five years, reports Sessions, citing statistics from the Department of Homeland Security.

Sessions’s “chart book” also includes stats on welfare usage rates for Middle Eastern refugees. According to a 2013 report from the Office of Refugee Resettlement, 91.4 percent of refugees from the Middle East are on food stamps. Nearly 70 percent — 68.3 percent to be exact — receive cash welfare assistance.

Other charts compare the U.S.’s immigrant population to other nations’.

“America Has 10 Million More Foreign-Born Residents Than The Entire European Union” and “U.S. Has 6 Times More Migrants Than All Latin American Nations Combined” provide the numbers.

While the U.S. has 45.8 million residents who were born outside of the U.S., the entire European Union has 35 million, according to a United Nations database. That despite the fact that the combined population of EU countries is 60 percent larger than the population of the U.S.

 

 

 

 

More Lawsuits Filed Against Obama

Legislation has been introduced to fix the stonewalling of FOIA requests by the Obama administration. That text is found here.

Introduced in House (02/02/2015)

FOIA Oversight and Implementation Act of 2015 or the FOIA Act

This bill makes changes to the Freedom of Information Act (FOIA) to provide the public with greater access to information disclosable under such Act.

The bill requires agencies, in administering FOIA, to: (1) make information disclosable under such Act available to the public in an electronic, publicly accessible format; and (2) make available to the public records of general interest that inform the public of the operations and activities of the government or that have been requested three or more times.

The Office of Management and Budget is directed to ensure the operation of an online request portal that allows a member of the public to submit a FOIA request for records to any agency from a single website.

The bill establishes a presumption of openness by prohibiting an agency from withholding information otherwise disclosable under FOIA unless: (1) the agency reasonably foresees that disclosure would cause specific identifiable harm to an interest protected by an exemption to FOIA, or (2) disclosure is prohibited by law.

The duties of the Office of Government Information Services (OGIS) are expanded to require: (1) mediation services to resolve disputes between agencies and persons making FOIA requests; (2) annual reports on the activities of OGIS that are available in an electronic, publicly accessible format; and (3) annual public meetings on the review of agencies’ FOIA policies, procedures, and compliance.

The bill requires annual agency FOIA reports and the annual reports on FOIA of the Attorney General and the Director of the Office of Information Policy (OIP) to be made available in an electronic, publicly accessible format.

Agencies are prohibited from assessing search or duplication fees if they have failed to comply with a statutory deadline for a FOIA response and did not submit a written notice to the requestor justifying the fees requested.

The role of the Chief FOIA Officer at each agency is expanded to require officers to serve as the primary agency liaison between OGIS and OIP and to complete annual compliance determinations that review agency regulations, fee assessments, use of exemptions, dispute resolution services, and the timely processing of FOIA requests.

The bill establishes a Chief FOIA Officers Council for developing recommendations for increasing compliance and efficiency, disseminating information about agency experiences, identifying initiatives to increase transparency and compliance, and promoting performance measures to ensure agency compliance with FOIA requirements.

The Inspector General of each agency is required to: (1) periodically review compliance with FOIA requirements, including the timely processing of requests, assessment of fees and fee waivers, and the use of FOIA exemptions, and (2) make recommendations to the agency head, including recommendations for disciplinary action.

Record Number of FOIA Lawsuits Filed Against Obama

DailyCaller: Freedom of Information Act (FOIA) complaints filed in federal court have skyrocketed under President Barack Obama despite his promise to have “the most transparent administration ever,” according to a comprehensive analysis by a Syracuse University research unit.

A total of 498 FOIA lawsuits were filed in 2015, the highest number since 2001, the Transactional Records Access Clearinghouse study made public Wednesday. The 421 suits filed in 2014 previously held the highest annual total.

The most recent two-year total represents a 54 percent increase over the total of 595 FOIA lawsuits filed in 2009 and 2010. See the accompanying chart below.

 

FOIA Lawsuits by TRAC

The FOIA requires federal departments and agencies to make available requests of all official documents, not covered by a handful of exemptions such as for law enforcement, privacy and protection of commercial secrets. When requested documents aren’t made available as required by law, requestors often go to federal court seeking a judicial order to compel production.

“The 919 FOIA cases filed in the period fiscal year 2014 – 2015 also far outnumber those filed during the last two years of the previous Bush administration. There were only 562 such matters filed during fiscal year 2007 – 2008, yielding a 64 percent increase for the most recent period,” TRAC said announcing the results of its analysis.

The Syracuse University research unit was founded by former New York Times investigative reporter David Burnham in 1989.

A total of 2,609 FOIA lawsuits were filed during Obama’s administration from 2009 to 2015, compared to 2,091 filed during the Bush administration from 2002 through 2008. The highest annual total of the Bush years was 387 in 2005.

“This is the most transparent administration in history,” Obama said in 2013 during a Google Plus Fireside Chat. “I can document that this is the case. Every visitor that comes into the White House is now part of the public record. Every law we pass and every rule we implement we put online for everyone to see.”

Obama did begin posting information to the Internet about White House visitors but only after a lawsuit was filed by the nonprofit government watchdog Judicial Watch.

Critics have frequently reminded Obama of his transparency claim, a fact TRAC noted, “the administration’s record has been a contentious matter ever since President Obama’s first days in office, when both he and Attorney General Eric Holder made sweeping claims about the ambitious FOIA policies they would follow in the years ahead.”

“In a short memorandum to the heads of all Executive Branch departments and agencies, the president said the Freedom of Information Act ‘should be administered with a clear presumption: in the face of doubt, openness prevails.’”

TRAC also cautioned, however, that an increase in the number of FOIA lawsuits being filed isn’t necessarily an indicator of less government transparency during a particular presidential administration.

“Because of possible changes in public attitudes about the public’s right to obtain government records, its willingness to challenge government’s failure to provide transparency, as well as changes in the Freedom of Information law and case law, the increase in federal FOIA court filings does not necessarily mean that the current administration is more or less secretive than those of the past,” TRAC said.

“But the rising counts well may indicate that this administration has not lived up to the ambitious open government promises made when President Obama first came to the White House,” TRAC said.

 

 

Your Threat Score, Yup, Yours

The new way police are surveilling you: Calculating your threat ‘score’

While officers raced to a recent 911 call about a man threatening his ex-girlfriend, a police operator in headquarters consulted software that scored the suspect’s potential for violence the way a bank might run a credit report.

The program scoured billions of data points, including arrest reports, property records, commercial databases, deep Web searches and the man’s social- media postings. It calculated his threat level as the highest of three color-coded scores: a bright red warning.

The man had a firearm conviction and gang associations, so out of caution police called a negotiator. The suspect surrendered, and police said the intelligence helped them make the right call — it turned out he had a gun.

As a national debate has played out over mass surveillance by the National Security Agency, a new generation of technology such as the Beware software being used in Fresno has given local law enforcement officers unprecedented power to peer into the lives of citizens.

Police officials say such tools can provide critical information that can help uncover terrorists or thwart mass shootings, ensure the safety of officers and the public, find suspects, and crack open cases. They say that last year’s attacks in Paris and San Bernardino, Calif., have only underscored the need for such measures.

But the powerful systems also have become flash points for civil libertarians and activists, who say they represent a troubling intrusion on privacy, have been deployed with little public oversight and have potential for abuse or error. Some say laws are needed to protect the public.

In many instances, people have been unaware that the police around them are sweeping up information, and that has spawned controversy. Planes outfitted with cameras filmed protests and unrest in Baltimore and Ferguson, Mo. For years, dozens of departments used devices that can hoover up all cellphone data in an area without search warrants. Authorities in Oregon are facing a federal probe after using social media-monitoring software to keep tabs on Black Lives Matter hashtags.

“This is something that’s been building since September 11,” said Jennifer Lynch, a senior staff attorney at the Electronic Frontier Foundation. “First funding went to the military to develop this technology, and now it has come back to domestic law enforcement. It’s the perfect storm of cheaper and easier-to-use technologies and money from state and federal governments to purchase it.”

Few departments will discuss how — or sometimes if — they are using these tools, but the Fresno police offered a rare glimpse inside a cutting-edge $600,000 nerve center, even as a debate raged in the city over its technology.

An arsenal of high-tech tools

Fresno’s Real Time Crime Center is the type of facility that has become the model for high-tech policing nationwide. Similar centers have opened in New York, Houston and Seattle over the past decade.

Fresno’s futuristic control room, which operates around the clock, sits deep in its headquarters and brings together a handful of technologies that allow the department to see, analyze and respond to incidents as they unfold across this city of more than 500,000 in the San Joaquin Valley.

On a recent Monday afternoon, the center was a hive of activity. The police radio crackled over loudspeakers — “subject armed with steel rod” — as five operators sat behind banks of screens dialing up a wealth of information to help units respond to the more than 1,200 911 calls the department receives every day.

On 57 monitors that cover the walls of the center, operators zoomed and panned an array of roughly 200 police cameras perched across the city. They could dial up 800 more feeds from the city’s schools and traffic cameras, and they soon hope to add 400 more streams from cameras worn on officers’ bodies and from thousands from local businesses that have surveillance systems.

The cameras were only one tool at the ready. Officers could trawl a private database that has recorded more than 2 billion scans of vehicle licenses plates and locations nationwide. If gunshots were fired, a system called ShotSpotter could triangulate the location using microphones strung around the city. Another program, called Media Sonar, crawled social media looking for illicit activity. Police used it to monitor individuals, threats to schools and hashtags related to gangs.

Fresno police said having the ability to access all that information in real time is crucial to solving crimes.

They recently used the cameras to track a robbery suspect as he fled a business and then jumped into a canal to hide. He was quickly apprehended.

The license plate database was instrumental in solving a September murder case, in which police had a description of a suspect’s vehicle and three numbers from the license plate.

But perhaps the most controversial and revealing technology is the threat-scoring software Beware. Fresno is one of the first departments in the nation to test the program.

As officers respond to calls, Beware automatically runs the address. The searches return the names of residents and scans them against a range of publicly available data to generate a color-coded threat level for each person or address: green, yellow or red.

Exactly how Beware calculates threat scores is something that its maker, Intrado, considers a trade secret, so it is unclear how much weight is given to a misdemeanor, felony or threatening comment on Facebook. However, the program flags issues and provides a report to the user.

In promotional materials, Intrado writes that Beware could reveal that the resident of a particular address was a war veteran suffering from post-traumatic stress disorder, had criminal convictions for assault and had posted worrisome messages about his battle experiences on social media. The “big data” that has transformed marketing and other industries has now come to law enforcement.

Fresno Police Chief Jerry Dyer said officers are often working on scant or even inaccurate information when they respond to calls, so Beware and the Real Time Crime Center give them a sense of what may be behind the next door.

“Our officers are expected to know the unknown and see the unseen,” Dyer said. “They are making split-second decisions based on limited facts. The more you can provide in terms of intelligence and video, the more safely you can respond to calls.”

But some in Fresno say the power and the sheer concentration of surveillance in the Real Time Crime Center is troubling. The concerns have been raised elsewhere as well — last year, Oakland city officials scaled back plans for such a center after residents protested, citing privacy concerns.

Rob Nabarro, a Fresno civil rights lawyer, said he is particularly concerned about Beware. He said outsourcing decisions about the threat posed by an individual to software is a problem waiting to happen.

Nabarro said the fact that only Intrado — not the police or the public — knows how Beware tallies its scores is disconcerting. He also worries that the system might mistakenly increase someone’s threat level by misinterpreting innocuous activity on social media, like criticizing the police, and trigger a heavier response by officers.

“It’s a very unrefined, gross technique,” Nabarro said of Beware’s color-coded levels. “A police call is something that can be very dangerous for a citizen.”

Dyer said such concerns are overblown, saying the scores don’t trigger a particular police response. He said operators use them as guides to delve more deeply into someone’s background, looking for information that might be relevant to an officer on scene. He said officers on the street never see the scores.

Still, Nabarro is not the only one worried.

The Fresno City Council called a hearing on Beware in November after constituents raised concerns. Once council member referred to a local media report saying that a woman’s threat level was elevated because she was tweeting about a card game titled “Rage,” which could be a keyword in Beware’s assessment of social media.

Councilman Clinton J. Olivier, a libertarian-leaning Republican, said Beware was like something out of a dystopian science fiction novel and asked Dyer a simple question: “Could you run my threat level now?”

Dyer agreed. The scan returned Olivier as a green, but his home came back as a yellow, possibly because of someone who previously lived at his address, a police official said.

“Even though it’s not me that’s the yellow guy, your officers are going to treat whoever comes out of that house in his boxer shorts as the yellow guy,” Olivier said. “That may not be fair to me.”

He added later: “[Beware] has failed right here with a council member as the example.”

An Intrado representative responded to an interview request seeking more information about how Beware works by sending a short statement. It read in part: “Beware works to quickly provide [officers] with commercially available, public information that may be relevant to the situation and may give them a greater level of awareness.”

Calls for ‘meaningful debate’

Similar debates over police surveillance have been playing out across the country, as new technologies have proliferated and law enforcement use has exploded.

The number of local police departments that employ some type of technological surveillance increased from 20 percent in 1997 to more than 90 percent in 2013, according to the latest information from the Bureau of Justice Statistics. The most common forms of surveillance are cameras and automated license plate readers, but the use of handheld biometric scanners, social media monitoring software, devices that collect cellphone data and drones is increasing.

Locally, the American Civil Liberties Union reports that police in the District, Baltimore, and Montgomery and Fairfax counties have cellphone-data collectors, called cell site simulators or StingRays. D.C. police are also using ShotSpotter and license plate readers.

The surveillance creates vast amounts of data, which is increasingly pooled in local, regional and national databases. The largest such project is the FBI’s $1 billion Next Generation Identification project, which is creating a trove of fingerprints, iris scans, data from facial recognition software and other sources that aid local departments in identifying suspects.

Law enforcement officials say such tools allow them to do more with less, and they have credited the technology with providing breaks in many cases. Virginia State Police found the man who killed a TV news crew during a live broadcast last year after his license plate was captured by a reader.

Cell site simulators, which mimic a cellphone tower and scoop up data on all cellphones in an area, have been instrumental in finding kidnappers, fugitives and people who are suicidal, law enforcement officials said.

But those benefits have sometimes come with a cost to privacy. Law enforcement used cell site simulators for years without getting a judge’s explicit consent. But following criticism by the ACLU and other groups, the Justice Department announced last September that it would require all federal agencies to get a search warrant.

The fact that public discussion of surveillance technologies is occurring after they are in use is backward, said Matt Cagle, an attorney for the ACLU of Northern California.

“We think that whenever these surveillance technologies are on the table, there needs to be a meaningful debate,” Cagle said. “There needs to be safeguards and oversight.”

After the contentious hearing before the Fresno City Council on Beware, Dyer said he now wants to make changes to address residents’ concerns. The police chief said he is working with Intrado to turn off Beware’s color-coded rating system and possibly the social media monitoring.

“There’s a balancing act,” Dyer said.

Who’s Calling the Shots in State Politics?

Exactly what else do voters need to be aware of? Who is winning the liberal-progressive agendas at the state level? Do you pay attention to the language on ballot initiatives? Do you know the background and the money and players behind them?

Read on….

National liberal groups to push ‘record’ number of 2016 ballot measures

Efforts to circumvent legislative logjam counter grassroots origins

PublicIntegrity: Paul Spencer, a teacher and part-time pecan farmer in Arkansas, drafted a ballot measure for 2016 to reform the state’s campaign finance laws so his fellow voters could know who paid for election ads on TV.

But he and fellow activists there knew they couldn’t do it alone. They sought the help of national election-reform groups because in Arkansas, as in many other states, initiatives can cost millions of dollars to pass.

Liberal groups working at the national level are using state ballot initiatives as their weapon of choice for 2016, but given the costs, they’re carefully planning exactly where to push these measures. And Spencer’s Arkansas proposal didn’t make the cut for 2016.

That top-down approach seems ironic. The initiative process was put in place at the beginning of the 20th century as a way for local citizens such as Spencer to band together to pass laws. And voters on the ground may not be aware that national groups are helping fuel the ballot fights in their backyards.

Still, national liberal leaders see state ballot measures as their best option for winning on some issues. Dismayed at their prospects in Congress and in Republican-dominated state legislatures, national liberal groups plan to use ballot initiatives to push raising the minimum wage in Maine, legalizing marijuana in Massachusetts, closing gun sale loopholes in Nevada, guarding endangered species in Oregon — and other campaigns in at least eight additional states.

National conservative groups, meanwhile, seem poised to play defense, setting up a battle of outsiders on state playing fields. In March, Republican-linked politicos launched the Center for Conservative Initiatives in Washington, D.C., to counter the liberal ballot measures they anticipate will arrive in record numbers nationwide in 2016.

“Liberal groups have been forced to spend heavily on ballot initiatives in an effort to circumvent elected representatives because in states around the country the public has overwhelmingly rejected their out-of-touch candidates and messages,” said the Center’s leader, Matt Walter, in an email.

The push from outsiders to pass pet policies via the ballot has occurred before, on everything from land conservation in North Dakota to how to cage chickens in California, sometimes leading to big-money fights between corporations, advocacy groups and others.

“There’s this perception out there that the initiative process is all about the little guy,” said Jennie Bowser, a consultant who for many years studied ballot measures for the bipartisan National Conference of State Legislatures. “But the truth of the matter is that it’s a big business. It’s really well organized, and it’s really well funded. And it is very, very rarely a group of local citizens who get together and try to make a difference.”

Passing popular ideas

In 2014, when a Republican wave gave conservatives more U.S. Senate seats and governors’ mansions, left-leaning activists still managed to notch victories for the minimum wage, gun control and marijuana legalization through ballot measures in Nebraska, South Dakota, Illinois, Arkansas, Washington, Oregon, Alaska and the District of Columbia.

In 2015, they followed with wins for campaign-finance reform in Seattle and Maine.

Those successes, as well as the chance to draw more left-leaning voters to the polls, are encouraging liberal activists to push hard on the 2016 ballot.