H.R. 1987 versus President Trump

Primer: Try performing an internet search of any of the names below as an introduction to their own individual scandals. Two congressional committees are assigned to this bill, they are the House Rules Committee and the House Judiciary Sub-Committee on the Constitution and Civil Justice.

The Washington Post is ‘all-in’ on advancing this legislation and is likely aiding the committees with alleged facts, all yet to be proven true or accurate. This is tiresome and impedes the people’s business of that of representatives of the House…continuity of government and the transfer of power means nothing to these people. America suffers. Additionally, these democrats are using taxpayer dollars and legislative time to do this.

Further, there is already a lot of chatter inside the Beltway about the 25th Amendment. So, here it is for your use and reference.

25th Amendment

The 25th Amendment, proposed by Congress and ratified by the states in the aftermath of the assassination of President John F. Kennedy, provides the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation.  The Watergate scandal of the 1970s saw the application of these procedures, first when Gerald Ford replaced Spiro Agnew as vice president, then when he replaced Richard Nixon as president, and then when Nelson Rockefeller filled the resulting vacancy to become the vice president.  Read more from the Congressional Research Service here….

Amendment XXV

Section 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

H.R. 1987 was introduced in April and the co-sponsor list of signatories is growing:

Mr. Raskin (for himself, Mr. Conyers, Mr. McGovern, Ms. Lee, Ms. Jayapal, Mr. Blumenauer, Mr. Doggett, Mr. Soto, Ms. Jackson Lee, Mr. Cohen, Mr. Gutiérrez, Ms. Judy Chu of California, Mr. Grijalva, Ms. Lofgren, Mr. Brown of Maryland, Mr. Cicilline, Mr. Takano, Ms. Wasserman Schultz, Mr. Evans, and Mr. Nadler) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned…

A BILL

To establish the Oversight Commission on Presidential Capacity, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Oversight Commission on Presidential Capacity Act”.

SEC. 2. Establishment.

There is established a commission in the legislative branch to be known as the “Oversight Commission on Presidential Capacity” (in this Act referred to as the “Commission”). The Commission shall serve as the body provided by law by Congress to carry out section 4 of the 25th Amendment to the Constitution of the United States.

SEC. 3. Duty of Commission.

(a) In general.—If directed by Congress pursuant to section 5, the Commission shall carry out a medical examination of the President to determine whether the President is mentally or physically unable to discharge the powers and duties of the office, as described under subsection (b).

(b) Determination.—The determination under subsection (a) shall be made if the Commission finds that the President is temporarily or permanently impaired by physical illness or disability, mental illness, mental deficiency, or alcohol or drug use to the extent that the person lacks sufficient understanding or capacity to execute the powers and duties of the office of President.

SEC. 4. Membership.

(a) Number and appointment.—The Commission shall be composed of 11 members, appointed as follows:

(1) Two members appointed by the majority leader of the Senate.

(2) Two members appointed by the minority leader of the Senate.

(3) Two members appointed by the Speaker of the House of Representatives.

(4) Two members appointed by the minority leader of the House of Representatives.

(5) Two members—

(A) one of whom is appointed jointly by the two appointing individuals under paragraphs (1) through (4) who are members of, or caucus with, the Democratic party;

(B) one of whom is appointed jointly by the two appointing individuals under paragraphs (1) through (4) who are members of, or caucus with, the Republican party; and

(C) each of whom has served as President, Vice President, Secretary of State, Attorney General, Secretary of the Treasury, Secretary of Defense, or Surgeon General.

(6) One member, to serve as Chair of the Commission, appointed by simple majority vote of the 10 members appointed under paragraphs (1) through (5).

(b) Criteria for appointment.—

(1) IN GENERAL.—Each member appointed to the Commission under paragraphs (1) through (4) of subsection (a) shall be a physician. Of the two members appointed by each individual under such paragraphs, one shall be a physician with a specialty in psychiatry. The Chair shall be either a physician or an individual appointed under paragraph (5) of subsection (a), or both.

(2) LIMITATIONS.—A member appointed under subsection (a) may not, at the time the member is appointed or serving as a member on the Commission, be—

(A) an elected official to any Federal, State, or local office;

(B) an employee (as that term is defined in section 2105 of title 5, United States Code, including any employee of the United States Postal Service or the Postal Regulatory Commission); or

(C) a member of the Armed Forces, including reserve components thereof.

(3) PHYSICIAN DEFINED.—In this subsection, the term “physician” means a doctor of medicine licensed to practice medicine, surgery, or osteopathy in a State.

(c) Travel expenses.—Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

(d) Terms.—

(1) IN GENERAL.—Each member shall be appointed for a term of 4 years. A member may serve after the expiration of that member’s term until a successor has taken office.

(2) APPOINTMENT.—Each member shall be appointed during the period beginning on the date that a Presidential election is held and ending on the date that is 30 days after such election date.

(3) VACANCIES.—A vacancy in the Commission shall be filled in the manner in which the original appointment was made, not later than 30 days after the vacancy occurs. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term.

SEC. 5. Examination of the President.

(a) In general.—A concurrent resolution described in this subsection is a concurrent resolution directing the Commission to conduct an examination of the President to determine whether the President is incapacitated, either mentally or physically, the title of which is “Directing the Oversight Commission on Presidential Capacity to conduct an examination of the President”, and the text of which consists solely of a directive to the Commission to conduct the examination.

(b) Procedures.—The provisions of section 2908 (other than subsection (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the consideration of a concurrent resolution described in subsection (a) in the same manner as such provisions apply to a joint resolution described in section 2908(a) of such Act.

(c) Special rules.—For purposes of applying subsection (b) with respect to such provisions, the following rules shall apply:

(1) Any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to the Committee on the Judiciary of the House of Representatives and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to the Committee on the Judiciary of the Senate.

(2) Any reference in subsection (c) to a “20-day period” shall be deemed a reference to a “48-hour period”.

(3) Any reference in subsection (d) to “the third day” shall be deemed a reference to “the first day”.

(4) Any reference to the date on which the President transmits a report shall be deemed a reference to the date on which a Member of Congress introduced a concurrent resolution described in subsection (a).

(d) Examination.—Not later than 72 hours after the adoption by Congress of the concurrent resolution described in subsection (a), the Commission shall conduct the examination described under such subsection.

SEC. 6. Report.

(a) In general.—Not later than 72 hours after completing the examination under section 4(d), and notwithstanding the HIPAA privacy regulations (as defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d–9(b)(3))), the Commission shall submit a report to the Speaker of the House of Representatives and the President pro tempore of the Senate describing the findings and conclusions of the examination.

(b) Consideration.—Any refusal by the President to undergo such examination shall be taken into consideration by the Commission in reaching a conclusion in the report under subsection (a).

FBI v. Presidents; Presidents v. FBI

Today, we have a breakdown in trust not only with media but with any and all White House personnel. There is no presidential administration that is exempt since Nixon for sure.

The American people must keep an unemotional and clinical posture with what is being told to us to maintain a clearer capacity for critical thinking.

It all came to a head during the Nixon administration regarding taping conversations inside the White House and the Oval Office. These operations and equipment are managed, maintained, stored and investigated by the U.S. Secret Service.

An unknown factoid is the White House has microphones all over it and several taping units, while Camp David is not excluded.

For a fascinating read on the Nixon White House taping facts, check this document. The Secret Service coordinates and collaborates with the FBI on such investigations.

Image result for nixon watergate tapes  NYTimes

Secret_Service_Nixon_taping

Technology has advanced by leaps and bounds since the Nixon days, adding even more curious questions as to what subsequent presidents have used with taping equipment. In fact technology has taken us to the advanced digital realm. Ever wonder what we really don’t know?

Much has been said about tapes in the Trump White House, to which Trump denied having tapes of Former FBI Director Comey and Trump conversations. Okay, but is that really true? There are legacy FBI agents that well remember countless cases and heated interactions with presidents. We then hear this new term of ‘deep state’, where anonymous sources and leaks are causing scandals and headaches for the Trump White House. Can we know who those are alleged to be part of the ‘deep state’? Much of the blame is being pointed to Comey as the leaker. Well, maybe, or it could be the Secret Service. Remember Kerry O’Grady who refused to protect President Trump? Are there others? Conversely, there were Secret Service agents that had big issues with previous presidents and their wives, one notable scandal throughout the agency was due to Hillary Clinton.

We also cannot overlook all the Secret Service scandals under the Obama administration as some cases involved the USSS erasing tapes. Other cases included USSS and hookers in Cartegena, car accidents and drunk agents that had to be flown home in disgrace.

Image result for secret service white house video tapes CNN

Beyond the Secret Service, how about Obama loyalists that remain behind? This site published a piece in January of 2017 regarding Obama’s appointments of key loyalists that have ‘forever’ government positions, known as burrowing in.

Did Barack Obama tape conversations? According to Jim Acosta at CNN, the answer is no, but in the same article, the answer is yes and there was also a stenographer.

The White House press office had a stenographer in meetings with journalists in order to have an independent transcript of the interviews, a common practice, the former official said.   
“None of that was hidden,” the former official said. “The stenographer sat in interviews with a tape recorder and sometimes even a boom mic — the same stenographers would tape and transcribe press briefings and gaggles. Journalists who interviewed President Obama would have been familiar with that.”
Below is a long but fascinating read. You can be sure that agents within the Secret Service, the FBI and the investigative wing at Department of Homeland Security have many stories to tell. To have some perspective, this gem if historical summary allows the reader to see facts and settings through the eyes of assigned agents.
Enjoy:
John Mindermann is part of an unusual fraternity. A former agent with the Federal Bureau of Investigation, now 80 and retired in his hometown, San Francisco, he is among the relative handful of law-enforcement officials who have investigated a sitting president of the United States. In June, when it was reported that the former F.B.I. director Robert Mueller would investigate whether President Trump had obstructed the federal inquiry into Russia’s meddling in the 2016 presidential election, I called Mindermann, who told me he was feeling a strong sense of déjà vu.

Mindermann joined the F.B.I. 50 years ago, after a stint with the San Francisco police force, whose corruption he was happy to leave behind. He was soon transferred to the bureau’s Washington field office, housed in the Old Post Office building on Pennsylvania Avenue — the same 19th-century edifice that is now a Trump hotel. On the afternoon of Saturday, June 17, 1972, he was in the shower at home when the phone rang.

An F.B.I. clerk told him that there had been a break-in overnight at the Democratic Party headquarters in the Watergate complex. He was to go to the Metropolitan Police Department headquarters and see the detective on duty. Then, lowering his voice, the clerk confided that the bureau had run a name check on one of the burglars, James McCord. It revealed that McCord had worked at both the F.B.I. and the C.I.A. He would later be identified as the chief of security at the Committee to Re-elect the President, the Nixon campaign operation known as Creep.

Mindermann met the detective, who was wearing a loud sports jacket and smiling widely. The detective strode into the walk-in evidence vault and, wearing latex gloves, produced nearly three dozen crisp new $100 bills, each in a glassine envelope. He fanned them out on a desk, like a magician performing a card trick. They had been seized from one of the burglars. Mindermann noticed the consecutive serial numbers. ‘‘That alone told me that they came from a bank through a person with economic power,’’ Mindermann told me. ‘‘I got this instant cold chill. I thought: This is not an ordinary burglary.’’

McCord had been carrying wiretapping gear at the Watergate. This was evidence of a federal crime — the illegal interception of communications — which meant the break-in was a case for the F.B.I. Wiretapping was standard practice at the F.B.I. under J. Edgar Hoover, who had ruled the bureau since 1924. But Hoover died six weeks before the Watergate break-in, and L. Patrick Gray, a lawyer at the Justice Department and a staunch Nixon loyalist, was named acting director. ‘‘I don’t believe he could bring himself to suspect his superiors in the White House — a suspicion which was well within the Watergate investigating agents’ world by about the third or fourth week,’’ Mindermann said.

A month after the break-in, Mindermann and a colleague named Paul Magallanes found their way to Judy Hoback, a Creep accountant. The interview at her home in suburban Maryland went on past 3 a.m. By the time Mindermann and Magallanes stepped out into the cool night air, they had learned from Hoback that $3 million or more in unaccountable cash was sloshing around at Creep, to finance crimes like the Watergate break-in. Both men sensed instinctively that ‘‘people in the White House itself were involved,’’ Magallanes, who is now 79 and runs an international security firm near Los Angeles, told me. Mindermann said he felt ‘‘a dark dread that this is happening in our democracy.’’ By 10:45 that morning, the agents had typed up a 19-page statement that laid out Creep’s direct connections to Nixon’s inner circle.Mindermann, the young ex-cop with five $27 department-store suits to his name, remembers the president’s men who stonewalled the investigation throughout 1972 and early 1973 as ‘‘Ivy Leaguers in their custom-fitted finery — these privileged boys born to be federal judges and Wall Street barons. They were gutless and completely self-serving. They lacked the ability to do the right thing.’’ By late April 1973, however, the stonewalls were crumbling. On Friday, April 27, as Nixon flew off to Camp David for the weekend, mulling his dark future, the F.B.I. moved to secure White House records relevant to Watergate.

At 5:15 p.m., 15 agents arose from their dented metal desks in the Old Post Office building and marched in tight formation, fully armed, up Pennsylvania Avenue. On Monday, a highly agitated Nixon returned to the White House to find a skinny F.B.I. accountant standing watch outside a West Wing office. The president pushed him up against a wall and demanded to know how he had the authority to invade the White House. Mindermann laughed at the memory: ‘‘What do you do,’’ he said, ‘‘when you’re mugged by the president of the United States?’’

‘‘I take the president at his word — that I was fired because of the Russia investigation,’’ James Comey, the former F.B.I. director, said in June, testifying before the Senate Intelligence Committee a month after his abrupt dismissal from his post by the president. Comey was referring to the account Trump gave in an NBC interview on May 11 — and Comey fought back on the rest of the story as Trump told it. Trump, he said, ‘‘chose to defame me and, more importantly, the F.B.I. by saying that the organization was in disarray, that it was poorly led, that the work force had lost confidence in its leader. Those were lies, plain and simple.’’

Trump, Comey said, had asked his F.B.I. director for his loyalty — and that seemed to shock Comey the most. The F.B.I.’s stated mission is ‘‘to protect the American people and uphold the Constitution of the United States’’ — not to protect the president. Trump seemed to believe Comey was dutybound to do his bidding and stop investigating the recently fired national security adviser, Lt. Gen. Michael Flynn. ‘‘The statue of Justice has a blindfold on because you’re not supposed to be peeking out to see whether your patron is pleased or not with what you’re doing,’’ Comey said. ‘‘It should be about the facts and the law.’’

Trump might have been less confused about how Comey saw his job if he had ever visited the F.B.I. director in his office. On his desk, under glass, Comey famously kept a copy of a 1963 order authorizing Hoover to conduct round-the-clock F.B.I. surveillance of the Rev. Dr. Martin Luther King Jr. It was signed by the young attorney general, Robert F. Kennedy, after Hoover convinced John F. Kennedy and his brother that King had Communists in his organization — a reminder of the abuses of power that had emanated from the desk where Comey sat.

One of history’s great what-ifs is whether the Watergate investigation would have gone forward if Hoover hadn’t died six weeks before the break-in. When Hoover died, Nixon called him ‘‘my closest personal friend in all of political life.’’ Along with Senator Joseph McCarthy, they were the avatars of anti-Communism in America. Hoover’s F.B.I. was not unlike what Trump seems to have imagined the agency still to be: a law-enforcement apparatus whose flexible loyalties were bent to fit the whims of its director. In his half-century at the helm of the F.B.I., Hoover rarely approved cases against politicians. In the 1960s, he much preferred going after the civil rights and antiwar movements and their leaders, and his agents routinely broke the law in the name of the law.

In 1975, however, Congress, emboldened by Watergate and newly attuned to its watchdog responsibilities, began its first full-scale investigation of this legacy, and of similar abuses at the C.I.A. Edward Levi, Gerald Ford’s attorney general, gave the F.B.I. an unprecedented assignment: investigating itself. Fifty-three agents were soon targets of investigations by their own agency, implicated in crimes committed in the name of national security. Mark Felt, the agency’s second-in-command (who 30 years later revealed himself to have been Bob Woodward’s source ‘‘Deep Throat’’), and Ed Miller, the F.B.I.’s intelligence director, were convicted of conspiring to violate the civil rights of Americans. (President Ronald Reagan later pardoned them.) The F.B.I.’s rank and file felt it was under attack. ‘‘Every jot of wrongdoing — whether real, imagined or grossly exaggerated — now commands an extraordinary amount of attention,’’ Clarence Kelley, the F.B.I. director under Presidents Nixon, Ford and Jimmy Carter, said in 1976. The American people, he argued, could not long endure ‘‘a crippled and beleaguered F.B.I.’’

The Iran-contra scandal provided the bureau with its first great post-Watergate test. On Oct. 5, 1986, Sandinistas in Nicaragua shot down a cargo plane, which bore an unassuming transport-company name but was found to contain 60 Kalashnikov rifles, tens of thousands of cartridges and other gear. One crew member was captured and revealed the first inklings of what turned out to be an extraordinary plot. Reagan’s national-security team had conspired to sell American weapons to the Iranian Revolutionary Guard and, after marking up the price fivefold, skimmed the proceeds and slipped them to the anti-Communist contra rebels in Nicaragua. This was a direct violation of federal law, as Congress had passed a bill cutting off aid to the rebels, which made Iran-contra a case for the F.B.I.

In a major feat of forensics, F.B.I. agents recovered 5,000 deleted emails from National Security Council office computers, which laid out the scheme from start to finish. They opened a burn bag of top-secret documents belonging to the N.S.C. aide Oliver North and found a copy of elaborately falsified secret testimony to Congress. They dusted it for fingerprints and found ones belonging to Clair George, chief of the clandestine service of the C.I.A. In short order, an F.B.I. squad was inside C.I.A. headquarters, rifling through double-locked file cabinets. Almost all the major evidence that led to the indictments of 12 top national-security officials was uncovered by the F.B.I.

George H. W. Bush pardoned many of the key defendants at the end of his presidency, on Christmas Eve 1992 — just as Reagan pardoned Mark Felt and Ford pardoned Nixon. This was the limit of the agency’s influence, the one presidential power that the F.B.I. could not fight. But over the course of two decades and five presidents, the post-Hoover relationship between the F.B.I. and the White House had settled into a delicate balance between the rule of law and the chief of state. Presidents could use secrecy, and sometimes outright deception, to push their executive powers to the limit. But the F.B.I., through its investigative brief, retained a powerful unofficial check on these privileges: the ability to amass, and unveil, deep secrets of state. The agency might not have been able to stop presidents like Nixon and Reagan from overreaching, but when it did intervene, there was little presidents could do to keep the F.B.I. from making their lives very difficult — as Bill Clinton discovered in 1993, when he appointed Louis J. Freeh as his F.B.I. director.

Freeh was an F.B.I. agent early in his career but had been gone from the agency for some time when he was named to run it — so he was alarmed to discover, shortly after he started his new job, that the F.B.I. was in the midst of investigating real estate deals involving the Clintons in Arkansas. Freeh quickly turned in his White House pass. He saw Clinton as a criminal suspect in the Whitewater affair, in which the F.B.I. and a special prosecutor bushwhacked through the brambles of Arkansas politics and business for four years — and, through a most circuitous route, wound up grilling a 24-year-old former White House intern named Monica Lewinsky in a five-star hotel. The bureau, through the White House physician, had blood drawn from the president to match the DNA on Lewinsky’s blue dress — evidence that the president perjured himself under oath about sex, opening the door to his impeachment by the House of Representatives.

‘‘He came to believe that I was trying to undo his presidency,’’ Freeh wrote of Clinton in his memoir. Clinton’s allies complained after the fact that Freeh’s serial investigations of the president were not just a headache but also a fatal distraction. From 1996 to 2001, when Al Qaeda and Osama bin Laden bombed two American Embassies in Africa and plotted the Sept. 11 attacks, the F.B.I. spent less time and money on any counterterrorism investigation than it did investigating claims that Chinese money bought influence over President Clinton though illegal 1996 campaign contributions — an immense project that eventually became a fiasco on its own terms. One of the F.B.I.’s informants in the investigation was a socially promi­nent and politically connected Californian named Katrina Leung. At the time, Leung was in a sexual relationship with her F.B.I. handler, James J. Smith, chief of the bureau’s Los Angeles branch’s China squad. Smith had reason to suspect that Leung might be a double agent working for Chinese intelligence, but he protected her anyway.

The F.B.I. buried the scandal until after Clinton left the White House in 2001. By the time it came to light, Freeh was out the door, and President George W. Bush had chosen Robert Mueller as the sixth director of the F.B.I.

Born into a wealthy family, Mueller exemplified ‘‘the tradition of the ‘muscular Christian’ that came out of the English public-school world of the 19th century,’’ Maxwell King, Mueller’s classmate at St. Paul’s, the elite New England prep school, told me. Mueller arrived at F.B.I. headquarters with a distinguished military record — he earned a bronze star as a Marine in Vietnam — and years of service as a United States attorney and Justice Department official. It was a week before the Sept. 11 attacks, and he was inheriting an agency ill suited for the mission that would soon loom enormously before it. Richard A. Clarke, the White House counterterrorism czar under Clinton and Bush, later wrote that Freeh’s F.B.I. had not done enough to seek out foreign terrorists. Clarke also wrote that Freeh’s counterterror chief, Dale Watson, had told him: ‘‘We have to smash the F.B.I. into bits and rebuild it.’’

Mueller had already earned the respect of the F.B.I. rank and file during his tenure as chief of the criminal division of the Justice Department. When he started work at the Justice Department in 1990, the F.B.I. had been trying and failing for two years to solve the bombing of Pan Am Flight 103 over Lockerbie, Scotland. ‘‘The F.B.I. was not set up to deal with a major investigation like this,’’ Richard Marquise, an F.B.I. intelligence analyst who became the leader of the Lockerbie investigation under Mueller, said in an F.B.I. oral history. ‘‘I blame the institution.’’

Mueller used his power under law to obliterate the F.B.I.’s byzantine flow charts of authority in the case. ‘‘We literally cut out the chains of command,’’ Marquise said. ‘‘We brought in the C.I.A. We brought the Scots. We brought MI5 to Washington. And we sat down and we said: ‘We need to change the way we’re doing business. . . . We need to start sharing information.’ ’’ It was a tip from the Scots that put Marquise on the trail of the eventual suspect: one of Col. Muammar el-Qaddafi’s intelligence officers, whose cover was security chief for the Libyan state airlines. Qaddafi’s spy, Abdel Basset Ali al-Megrahi, was indicted in 1991. It took until the turn of the 21st century, but he was convicted.

It meant a great deal to Mueller, in the Lockerbie case, that the evidence the F.B.I. produced be deployed as evidence in court, not justification for war. In a speech he gave at Stanford University in 2002, concerning the nation’s newest threat, he spoke of ‘‘the balance we must strike to protect our national security and our civil liberties as we address the threat of terrorism.’’ He concluded: ‘‘We will be judged by history, not just on how we disrupt and deter terrorism, but also on how we protect the civil liberties and the constitutional rights of all Americans, including those Americans who wish us ill. We must do both of these things, and we must do them exceptionally well.’’

These views made Mueller something of an outlier in the Bush administration; five days after the Sept. 11 attacks, Vice President Dick Cheney was warning that the White House needed to go over to ‘‘the dark side’’ to fight Al Qaeda. Among the darkest places was a top-secret program code-named Stellar Wind, under which the N.S.A. eavesdropped freely in the United States without search warrants.

By the end of 2003, Mueller had a new boss: James Comey, who was named deputy attorney general. Comey was read into the Stellar Wind program and deemed it unconstitutional. He briefed Mueller, who concurred. They saw no evidence that the surveillance had saved a single life, stopped an imminent attack or uncovered an Al Qaeda member in the United States. In the first week of March, the two men agreed that the F.B.I. could not continue to go along with the surveillance programs. They also thought Attorney General John Ashcroft should not re-endorse Stellar Wind. Comey made the case to Ashcroft.

In remarkable congressional testimony in 2007, Comey would describe what happened next: Hours later, Ashcroft keeled over with gallstone pancreatitis. He was sedated and scheduled for surgery. Comey was now the acting attorney general. He and the president were required to reauthorize Stellar Wind on March 11 for the program to continue. When Comey learned the White House counsel and chief of staff were heading to the hospital of the night of March 10 to get the signature of the barely conscious Ashcroft, Comey raced to Ashcroft’s hospital room to head them off. When they arrived, Ashcroft lifted his head off the pillow and told the president’s men that he wouldn’t sign. Pointing at Comey, he said: ‘‘There is the attorney general.’’

Bush signed the authorization alone anyway, asserting that he had constitutional power to do so. Mueller took meticulous notes of these events; they were partly declassified years later. On March 11, he wrote that the president was ‘‘trying to do an end run around’’ Comey, at the time the nation’s chief law-enforcement officer. At 1:30 a.m. on March 12, Mueller drafted a letter of resignation. ‘‘I am forced to withdraw the F.B.I. from participation in the program,’’ he wrote. If the president did not back down, ‘‘I would be constrained to resign as director of the F.B.I.’’ And Comey and Ashcroft would go with him.

Seven hours later, with the letter in the breast pocket of his suit, Mueller sat alone with Bush in the Oval Office. Once again, the F.B.I. had joined a battle against a president. Mueller’s notes show that he told Bush in no uncertain terms that ‘‘a presidential order alone’’ could not legalize Stellar Wind. Unless the N.S.A. brought Stellar Wind within the constraints of the law, he would lose his F.B.I. director, the attorney general and the acting attorney general. In the end, Bush relented — it took years, but the programs were put on what Mueller considered a defensible legal footing.

Trump’s showdown with Comey and its aftermath is the fifth confrontation between the F.B.I. and a sitting president since the death of J. Edgar Hoover, and the first in which the president’s principal antagonists, Mueller and Comey, have been there before. When Bush faced the same two men, he was acutely aware of the history that attended their confrontation. He wrote later that he realized their resignations could be the second coming of the Saturday Night Massacre, the penultimate disaster of Nixon’s presidency, when the embattled president keelhauled the special prosecutor pursuing the secret White House tapes and lost his attorney general and deputy attorney general in the process. The question is whether Trump cares enough about the consequences of history to avoid repeating it.

For the Watergate veterans John Mindermann and Paul Magallanes, the news of recent weeks has come with a certain amount of professional gratification. When I spoke with them on June 14, both agents said they wanted the bureau’s role as a check on the president to be in the public eye. For years, they felt that their own work had gone unacknowledged. ‘‘We never got an ‘attaboy’ letter from our superiors,’’ Mindermann said. ‘‘But we changed history, and we knew it.’’ Magallanes had always been bothered by how, in the collective American memory, Nixon’s downfall was attributed to so many other authors: Woodward and Bernstein, crusading congressional committees, hard-nosed special prosecutors. To the agents who were present at the time, it was first and foremost an F.B.I. story. ‘‘We were the people who did the work,’’ Magallanes told me. ‘‘It was we, the F.B.I., who brought Richard Nixon down. We showed that our government can investigate itself.’’

1 Wiretap Order for 3.3 Million Calls, Probable Cause?

Wiretaps are nothing new and for law enforcement it is a top investigative tool to solving cases. All wiretaps must have a well define probable cause in order for the application to be approved. This particular case however is a head-scratcher where real answers are still not forthcoming.

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With a single wiretap order, US authorities listened in on 3.3 million phone calls

The order was carried out in 2016 as part of a federal narcotics investigation.

NEW YORK, NY — US authorities intercepted and recorded millions of phone calls last year under a single wiretap order, authorized as part of a narcotics investigation.

The wiretap order authorized an unknown government agency to carry out real-time intercepts of 3.29 million cell phone conversations over a two-month period at some point during 2016, after the order was applied for in late 2015.

The order was signed to help authorities track 26 individuals suspected of involvement with illegal drug and narcotic-related activities in Pennsylvania.

The wiretap cost the authorities $335,000 to conduct and led to a dozen arrests.

State Wiretap Authorizations in 2016 See the full report here.

But the authorities noted that the surveillance effort led to no incriminating intercepts, and none of the handful of those arrested have been brought to trial or convicted.

The revelation was buried in the US Courts’ annual wiretap report, published earlier this week but largely overlooked.

“The federal wiretap with the most intercepts occurred during a narcotics investigation in the Middle District of Pennsylvania and resulted in the interception of 3,292,385 cell phone conversations or messages over 60 days,” said the report.

Details of the case remain largely unknown, likely in part because the wiretap order and several motions that have been filed in relation to the case are thought to be under seal.

It’s understood to be one of the largest number of calls intercepted by a single wiretap in years, though it’s not known the exact number of Americans whose communications were caught up by the order.

We contacted the US Attorney’s Office for the Middle District of Pennsylvania, where the wiretap application was filed, but did not hear back.

Albert Gidari, a former privacy lawyer who now serves as director of privacy at Stanford Law School’s Center for Internet and Society, criticized the investigation.

“They spent a fortune tracking 26 people and recording three million conversations and apparently got nothing,” said Gidari. “I’d love to see the probable cause affidavit for that one and wonder what the court thought on its 10 day reviews when zip came in.”

“I’m not surprised by the results because on average, a very very low percentage of conversations are incriminating, and a very very low percent results in conviction,” he added.

When reached, a spokesperson for the Justice Department did not comment.

Seventy-seven federal jurisdictions submitted reports of wiretap applications for 2016. For the third year in a row, the District of Arizona authorized the most federal wiretaps, approximately 9 percent of the applications approved by federal judges.

Federal judges and state judges reported the authorization of 600 wiretaps and 177 wiretaps, respectively, for which the AO received no corresponding data from prosecuting officials. Wiretap Tables A-1 and B-1 (which will become available online after July 1, 2017, at http://www.uscourts.gov/statistics-reports/analysis-reports/wiretap-reports) contain information from judge and prosecutor reports submitted for 2016. The entry “NP” (no prosecutor’s report) appears in these tables whenever a prosecutor’s report was not submitted. Some prosecutors may have delayed filing reports to avoid jeopardizing ongoing investigations. Some of the prosecutors’ reports require additional information to comply with reporting requirements or were received too late to include in this document. Information about these wiretaps should appear in future reports.

Voter Fraud Comm. Wants States Voter Roll Data

Mississippi responds with ‘go jump in the Gulf of Mexico’.

The White House has said the commission will embark upon a “thorough review of registration and voting issues in federal elections,” but experts and voting rights advocates have pilloried Trump for his claims of widespread fraud, which studies and state officials alike have not found. They say they fear the commission will be used to restrict voting.  

Those worries intensified this week, after the commission sent letters to 50 states and Washington, D.C., on Wednesday asking for a trove of information, including names, dates of birth, voting histories and, if possible, party identifications. The letters also asked for evidence of voter fraud, convictions for election-related crimes, and recommendations for preventing voter intimidation – all within 16 days. More here.

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Trump’s voter fraud commission asks all states for voter roll data

President Trump’s newly formed Presidential Advisory Commission on Election Integrity is asking states to turn over all publicly available voter roll data.

In the letter, sent Wednesday to all 50 secretaries of state, the commission’s vice chairman — Kansas Secretary of State Kris Kobach — requests the full names of all registered voters, their addresses, dates of birth, the last four digits of their Social Security numbers, voting history and other personal information.

The letter to Connecticut Secretary of State Denise Merrill, a Democrat, was made public first.

In a statement, Merrill said her office will share “publicly-available information with the Kobach Commission while ensuring that the privacy of voters is honored by withholding protected data.”

Vanita Gupta, the former head of the Department of Justice’s Civil Rights Division, said on Twitter Kobach and Vice President Mike Pence, who serves as the commission’s chairman, “are laying the groundwork for voter suppression, plain & simple.”

Kobach is asking for responses by July 14.

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SACRAMENTO, Calif. States are steadily disclosing whether or not they will cooperate with a request for voter information from the commission set up by President Trump in May to investigate alleged voter fraud in the 2016 elections.

New York Gov. Andrew Cuomo, a Democrat, tweeted Friday that his state would not comply with the commission’s request for a list of the names, party affiliations, addresses and voting histories of all voters, if state laws allow it to be public.

Virginia Gov. Terry McAuliffe said there is no evidence of voter fraud in the state.

“At best this commission was set up as a pretext to validate Donald Mr. Trump’s alternative election facts, and at worst is a tool to commit large-scale voter suppression,” he said in a statement.

On Wednesday the Presidential Advisory Commission on Election Integrity sent a letter giving secretaries of state about two weeks to provide about a dozen points of voter data. That also would include dates of birth, the last four digits of voters’ Social Security numbers and any information about felony convictions and military status.

Other Democratic officials are also refusing to comply, saying the request invades privacy and is based on false claims of fraud. The secretaries of state in California and Kentucky, all Democrats, said they will not share the requested information.

Mr. Trump lost the popular vote to Democrat Hillary Clinton but has alleged, without evidence, that 3 to 5 million people voted illegally.

In addition to the voter information, the letter asks state officials for suggestions on improving election integrity and to share any evidence of fraud and election-related crimes in their states. The data will help the commission “fully analyze vulnerabilities and issues related to voter registration and voting,” vice chairman and Kansas Secretary of State Kris Kobach wrote.

The California and Virginia officials said attention would be better spent upgrading aging voting systems or focusing on Russia’s alleged election meddling. Mr. Trump has alleged “serious voter fraud” in both states.

“California’s participation would only serve to legitimize the false and already debunked claims of massive voter fraud,” Democratic Secretary of State Alex Padilla said in a statement. Clinton won California by about 3 million votes.

Kentucky Secretary of State Alison Lundergan Grimes expressed similar sentiments, reports CBS Lexington affiliate WKYT-TV. A statement released by her office said, “The president created his election commission based on the false notion that ‘voter fraud’ is a widespread issue – it is not. Indeed, despite bipartisan objections and a lack of authority, the President has repeatedly spread the lie that three to five million illegal votes were cast in the last election. Kentucky will not aid a commission that is at best a waste of taxpayer money and at worst an attempt to legitimize voter suppression efforts across the country.”

Wisconsin’s elections administrator, Michael Haas, said in a statement Friday that a voters’ “name, address and voting history are public,” but the state does not collect information about political preference or gender, and Wisconsin law does not permit the state to release a voter’s date of birth, driver’s license number or Social Security number. Should the commission want the public information, Haas said it’ll have to pay the $12,500 fee for the statewide voter file.

Oklahoma, too, said that its voter roll is public, and an Oklahoma State Election Board spokesman said that the commission could have “a copy of the same database that anyone could get from us,” according to NewsOK. Oklahoma will not release even partial Social Security numbers, however.

Georgia will also provide only publicly available voter information, not private information.

The panel is seeking “public information and publicly available data” from every state and the District of Columbia, said Marc Lotter, a spokesman for Vice President Mike Pence, who is chairing the commission. Lotter described the intent of the request as “fact-finding” and said there were no objections to it by anyone on the 10-member commission, which includes four Democrats.

Minnesota Secretary of State Steve Simon, a Democrat, said he’s not sure whether he will share the data because of privacy concerns. Vermont’s top election official, Democrat Jim Condos, said it goes beyond what the state can publicly disclose.

In Missouri, Republican Secretary of State Jay Ashcroft said he is happy to “offer our support in the collective effort to enhance the American people’s confidence in the integrity of the system.” Colorado Secretary of State Wayne Williams, a Republican, said he’ll provide what state law allows.

Other states have not yet decided whether to comply with the commission’s request. Ohio Secretary of State Jon Husted, a Republican who is running for governor, is still considering the request, Cincinnati.com reported.

SCOTUS: 2 Judges Blasted 2nd Amend Challenge

Well, at least two Supreme Court judges were angry enough to write an opinion blasting the court’s rejection to hear the challenge to the 2nd Amendment regarding the right to carry a weapon outside the home.

FNC: Justices Clarence Thomas and Neil Gorsuch issued a scathing dissent Monday to a Supreme Court decision turning away yet another gun rights case.

On a busy morning of decisions, the court on Monday rejected a challenge out of California regarding the right to carry guns outside their homes, leaving in place a San Diego sheriff’s strict limits on issuing permits for concealed weapons.

But Thomas, in a dissent joined by Gorsuch, countered that the case raises “important questions” – and warned that Second Amendment disputes aren’t getting the attention they deserve from the Supreme Court.

“The Court’s decision … reflects a distressing trend: the treatment of the Second Amendment as a disfavored right,” they wrote.

The case in question involved a San Diego man who said state and county policies requiring “good cause” — a specific reason or justifiable need to legally carry a concealed weapon — were too restrictive. A federal appeals court had ruled for the state, and now those restrictions will stay in place.

A LOOK AT CALIFORNIA GUN LAW

But Thomas and Gorsuch – the court’s newest member – called the appeals court’s decision to limit its review only to the “good cause” provision “indefensible.”

“The Court has not heard argument in a Second Amendment case in over seven years,” they wrote. “… This discrepancy is inexcusable, especially given how much less developed our jurisprudence is with respect to the Second Amendment as compared to the First and Fourth Amendments.”

The justices concluded by warning the court is in danger of acting dismissive toward the right to bear arms:

“For those of us who work in marbled halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem antiquated and superfluous. But the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense. I do not think we should stand by idly while a State denies its citizens that right, particularly when their very lives may depend on it. I respectfully dissent.”

The high court decided in 2008 that the Constitution guarantees the right to a gun, at least for self-defense at home.

But the justices have refused repeated pleas to spell out the extent of gun rights in the United States, allowing permit restrictions and assault weapons bans to remain in effect in some cities and states.

More than 40 states already broadly allow gun owners to be armed in public.

The high court also turned away a second case involving guns and the federal law that bars people convicted of crimes from owning guns.

The Trump administration had urged the court to review an appellate ruling that restored the rights of two men who had been convicted of non-violent crimes to own guns.

The federal appeals court in Philadelphia ruled for the two men. The crimes were classified as misdemeanors, which typically are less serious, but carried potential prison sentences of more than a year. Such prison terms typically are for felonies, more serious crimes.

The administration says that the court should have upheld the blanket prohibition on gun ownership in the federal law and rejected case-by-case challenges.

Justices Ruth Bader Ginsburg and Sonia Sotomayor said they would have heard the administration’s appeal.

*** Image result for justice thomas gorsuch Image result for justice thomas  BusinessInsider

The petition for a writ of certiorari is denied. 

JUSTICE THOMAS, with whom JUSTICE GORSUCH joins, dissenting from the denial of certiorari.

The Second Amendment to the Constitution guarantees that “the right of the people to keep and bear Arm[s] shall not be infringed.” At issue in this case is whether that guarantee protects the right to carry firearms in public for self-defense. Neither party disputes that the issue is one of national importance or that the courts of appeals have already weighed in extensively. I would therefore grant the petition for a writ of certiorari.

I California generally prohibits the average citizen from carrying a firearm in public spaces, either openly or concealed. With a few limited exceptions, the State prohibits open carry altogether. Cal. Penal Code Ann. §§25850, 26350 (West 2012). It proscribes concealed carry unless a resident obtains a license by showing “good cause,” among other criteria, §§26150, 26155, and it authorizes counties to set rules for when an applicant has shown good cause,§26160.In the county where petitioners reside, the sheriff has interpreted “good cause” to require an applicant to show that he has a particularized need, substantiated by documentary evidence, to carry a firearm for self-defense. The sheriff ’s policy specifies that “concern for one’s personal safety” does not “alone” satisfy this requirement.

(internal quotation marks omitted). Instead, an applicant must show “a set of circumstances that distinguish the applicant from the mainstream and cause him to be placed in harm’s way.” Id., at 1169 (internal quotation marks and alterations omitted). “[A] typical citizen fearing for his personal safety—by definition—cannot distinguish himself from the mainstream.” Ibid. (emphasis deleted; internal quotation marks and alterations omitted). As a result, ordinary, “law-abiding, responsible citizens,” District of Columbia v. Heller, 554 U. S. 570, 635 (2008), may not obtain a permit for concealed carry of a firearm in public spaces.

Petitioners are residents of San Diego County (plus an association with numerous county residents as members)who are unable to obtain a license for concealed carry due to the county’s policy and, because the State generally bans open carry, are thus unable to bear firearms in public in any manner. They sued under Rev. Stat. §1979, 42

U. S. C. §1983, alleging that this near-total prohibition on public carry violates their Second Amendment right to bear arms. They requested declaratory and injunctive relief to prevent the sheriff from denying licenses based on his restrictive interpretation of “good cause,” as well as other “relief as the Court deems just and proper.” First Amended Complaint in No. 3:09–cv–02371, (SD Cal.) ¶¶149, 150, 152. The District Court granted respondents’ motion for summary judgment, and petitioners appealed to the Ninth Circuit.

In a thorough opinion, a panel of the Ninth Circuit reversed. 742 F. 3d 1144. The panel examined the constitutional text and this Court’s precedents, as well as historical sources from before the founding era through the end of the 19th century. Id., at 1150–1166. Based on these sources, the court concluded that “the carrying of an operable handgun outside the home for the lawful purpose of self-defense . . . constitutes ‘bear[ing] Arms’ within the meaning of the Second Amendment.” Id., at 1166. It thus reversed the District Court and held that the sheriff ’s interpretation of “good cause” in combination with the other aspects of the State’s regime violated the Second Amendment’s command that a State “permit some form of carry for self-defense outside the home.” Id., at 1172.

The Ninth Circuit sua sponte granted rehearing en banc and, by a divided court, reversed the panel decision. In the en banc court’s view, because petitioners specifically asked for the invalidation of the sheriff ’s “good cause” interpretation, their legal challenge was limited to that aspect of the applicable regulatory scheme. The court thus declined to “answer the question of whether or to what degree the Second Amendment might or might not protect a right of a member of the general public to carry firearms openly in public.” Peruta v. County of San Diego, 824

F. 3d 919, 942 (2016). It instead held only that “the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public.” Id., at 924 (emphasis added).

Read more here of the decision start at page 32.