"Obama Will Be Tested," Biden Said

Remember when Vice-P Joe Biden said that Obama would be tested in the first six months of his administration? Well, it’s been six months. Where’s the test? Could it be the two Russian submarines cruising just 200 miles off America’s Eastern Shores?

This follows Russian Navy exercises off the coast of Venezuela last summer and a visit by two of their destroyers to Cuba in November of 2008, just about election time in the States. It’s such a rare event that Defense Department officials “expressed wariness over the Kremlin’s motivation for ordering such an unusual mission.” MARK MAZZETTI and THOM SHANKER Published: August 4, 2009 http://www.nytimes.com/2009/08/05/world/05patrol.html?_r=1

The New York Times online further reported that:

“Any time the Russian Navy does something so out of the ordinary it is cause for worry,” said a senior Defense Dept. official.

“I don’t think they’ve put two first-line nuclear subs off the U.S. coast in about 15 years,” said Norman Polmar, a naval historian and submarine warfare expert.

According to Defense Department officials, one of the submarines remained in international waters on Tuesday about 200 miles off the coast of the United States. The location of the second remained unclear. (oh great!) Parenthesized expressions are my own.

One official said it headed south toward Cuba while another said it headed north. Let’s hope somebody knows where it actually is.

The funny thing is that Russian Pres. Medvedev called Obama Tuesday to wish him a happy birthday. (And by the way, Mr. Obama, we sent you two of our best subs for your birthday.)

Not to worry, though, because these Akula II subs are quieter than the older variant and shouldn’t disturb aquatic life or the delicate ecology of the sea. The Russians were careful to send their newest, most advanced sub which is capable of carrying torpedoes for attacking other submarines and surface vessels (whose, I wonder? ) and missiles for striking targets on land and at sea.

Even though the New York Times reported that one Defense Dept. official said one sub went south, while another official said it went north, the Times also reported in the same article that,

“We’ve known where they were, and we’re not concerned about our ability to track the subs,” the official added. “We’re concerned just because they are there.”

Huh? Now where exactly is that second sub?

I hope no one loses any sleep over this because Obama is sure to pass the test with flying colors (no pun intended) just like he’s passed every other test in his brief six months in the White House.

Notes: The Akula II class vessels are considered the quietest and deadliest of Russian nuclear-powered attack subs, built to engage surface taks forces and coastal facilities. http://www.globalsecurity.org/military/world/russia/971.htm

Although technically able to successfully deploy their long-range nuclear missiles while moored at their docks,[7] Soviet doctrine for these vessels was to have them attack North America while submerged under the arctic circle, avoiding the traversal of the GIUK gap to remain safe from enemy attack submarines and anti-submarine forces. http://en.wikipedia.org/wiki/Typhoon_class_submarine

Fourth Amendment Rights/Cash for Clunkers

A reader commented on the previous post about the Cash for Clunkers a Gov’t Worm Hole. The point was worth researching and discussing, so here it is.

The comment stated that Beck was off base with his conclusions about the agreement that must be provided before a “Cash for Clunkers” participant could continue with the transaction online at the cars.gov web site.

Comment:

“These disclaimers on gov’t computers are necessary due to the Wiretapping Act. It is illegal to monitor the activities of a user without their consent. To do the necessary monitoring (if your site is defaced you want to try to figure out who did it, y’know?) you must allow everyone an opportunity to leave without entering. That’s all. We’ve had a similar disclaimer here for 15 years.”

Everyone can agree that any computer must be protected from hostile activity and employ a program to identify the perpetrator. Disclaimers must make consumers aware and give them the opportunity to leave the web site without giving up their Fourth Amendment Rights. No problem here.

The cars.gov web site goes far beyond what is necessary in the following paragraph, which consumers are obliged to agree to if they participate in the Cash for Clunkers program:

“This application provides access to the DoT CARS system. When logged on to the CARS system, your computer is considered a Federal computer system and is the property of the U.S. Government. Any or all uses of this system and all files on this system may be intercepted, monitored, recorded, copied, audited, inspected, and disclosed to authorized CARS, DoT, and law enforcement personnel, as well as authorized officials of other agencies, both domestic and foreign. ”

This agreement usurps your Fourth Amendment Right and waives your rights under the Wiretap Act, Privacy Act, etc.

See

http://ilt.eff.org/index.php/Privacy:_Statutory_Protections

(portions)

Privacy: Statutory Protections
From Internet Law Treatise

With the passage of the USA PATRIOT Act, the Homeland Security Act and other laws focused on national security, Congress has been active in changing the legal landscape for access to real-time and stored communications. Despite these amendments, detailed below, the legal regime for obtaining wiretaps and stored communications remains ambiguous.



Privacy: Searching and Seizing Computers
From Internet Law Treatise

Reasonable Expectation of Privacy

Accessing information stored in a computer ordinarily will implicate the owner’s reasonable expectation of privacy in the information. See United States v. Barth, 26 F. Supp. 2d 929, 936-37 (W.D. Tex. 1998) (finding reasonable expectation of privacy in files stored on hard drive of personal computer); United States v. Reyes, 922 F. Supp. 818, 832-33 (S.D.N.Y. 1996) (finding reasonable expectation of privacy in data stored in a pager); United States v. Lynch, 908 F. Supp. 284, 287 (D.V.I. 1995) (same); United States v. Chan, 830 F. Supp. 531, 535 (N.D. Cal. 1993) (same); United States v. Blas, 1990 WL 265179, at *21 (E.D. Wis. Dec. 4, 1990) (”[A]n individual has the same expectation of privacy in a pager, computer, or other electronic data storage and retrieval device as in a closed container.”). See also United States v. Long, 64 M.J. 57 (CAAF 2006) (finding REOP in emails defendant sent from her office computer and in emails stored on government server); Quon v. Arch Wireless, 445 F.Supp.2d 1116 (C.D. Cal. 2006) (gov’t employee had REOP in text messages sent through his city-owned pagers).

The Tenth Circuit has cautioned that “[b]ecause computers can hold so much information touching on many different areas of a person’s life, there is greater potential for the ‘intermingling’ of documents and a consequent invasion of privacy when police execute a search for evidence on a computer.” United States v. Walser, 275 F.3d 981, 986 (10th Cir. 2001). But see United States v. Gorshkov, 2001 WL 1024026, at *2 (W.D. Wash. May 23, 2001) (holding that defendant did not have a reasonable expectation of privacy in use of a private computer network when undercover federal agents looked over his shoulder, when he did not own the computer he used, and when he knew that the system administrator could monitor his activities).

In the offline world, the U.S. Supreme Court has recognized legitimate privacy interest in confidential letters. United States v. Jacobsen, 466 U.S. 109, 114, 104 S.Ct. 1652, 1657 (1984) (“Letters and other sealed packages are in the general class of effects in which the public at large has a legitimate expectation of privacy.”). See also Ortega v. O’Connor, 146 F.3d 1149, 1163 (9th Cir. 1998) (under circumstances, employee had legitimate expectation of privacy from employer).

Federal Constitution

The contents of telephone communications are fully protected by the Fourth Amendment. Katz v. United States, 389 U.S. 347, 353-354 (1967). The Government must satisfy stringent procedural requirements, discussed below, before it can acquire the contents of communications. Berger v. New York, 388 U.S. 41, 63-64 (1967) (“[I]t is not asking too much that officers be required to comply with the basic command of the Fourth Amendment before the innermost secrets of one’s home or office are invaded. Few threats to liberty exist which are greater than that posed by the use of eavesdropping devices.”).

The Privacy Act

The Privacy Act regulates the “‘collection, maintenance, use, and dissemination of information’” about individuals by federal agencies. Doe v. Chao, 540 U.S. 614, 618 (2004) (quoting Privacy Act of 1974 § 2(a)(5), 88 Stat. 1896). It “authorizes civil suits by individuals . . . whose Privacy Act rights are infringed,” Sussman v. U.S. Marshals Serv., 494 F.3d 1106, 1123 (D.C. Cir. 2007), and provides for criminal penalties against federal officials who willfully disclose a record in violation of the Act, 5 U.S.C. § 552a(i)(1).

State Statutes

Title III does not preempt state statutes that are more protective of privacy. “Congress intended that the states be allowed to enact more restrictive laws designed to protect the right of privacy.” People v. Conklin. 12 Cal.3d 259, 271 (1974); see also Roberts v. Americable Intern. Inc., 883 F.Supp. 499, 503, fn. 6 (E.D.Cal. 1995); United States v. Curreri, 388 F.Supp. 607, 613 (D.Md. 1974); Bishop v. State, 526 S.E.2d 917, 920 (Ga.Ct.App. 1999) ; People v. Pascarella, 415 N.E.2d 1285, 1287 (Ill.App.Ct. 1981).

The Wiretap Act, the U.S. Patriot Act, the Homeland Security Act, were all dealing with wiretapping and eavesdropping needed to combat terrorism and to facilitate criminal investigations. They required reasonable suspicion and warrants from judges.

Trading a clunker in for a new car hardly designates citizens as criminals or terrorists and does not generate reasonable suspicion of crime or terrorism. Our Fourth Amendment Rights should not be compromised or stolen.

I don’t believe Beck was off-base in his assumptions. Citizens should refuse to accept this disclaimer and realize that buying a car on the taxpayers’ dime isn’t worth forfeiting Fourth Amendment Rights. Our founding fathers fought to gain our freedoms and we should never throw them away, especially for a car that will only last a few years. Freedoms last forever, unless you throw them out with the clunkers.

The Fourth Amendment to the U.S. Constitution in the Bill of Rights

Search and Seizure

The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

http://www.gpoaccess.gov/constitution/html/amdt4.html

Scary Health Care Instrusion Bill

Notice the two snakes in the medical symbol. They are the legislative and executive branch of the current U.S. Government.

Here’s the work of another person who read the bill:

Call or email your congressman and let him know your opinion. This is House Bill 3200—look up http://www.house.gov/ under Thomas system by bill number. You can read it yourself. Another excellent critique was the article in Fortune magazine recently.

Page 22: Mandates audits of all employers that self-insure!
• Page 29: Admission: your health care will be rationed!
• Page 30: A government committee will decide what treatments and benefits you get (and, unlike an insurer, there will be no appeals process)
• Page 42: The “Health Choices Commissioner” will decide health benefits for you. You will have no choice. None.
• Page 50: All non-US citizens, illegal or not, will be provided with free healthcare services.
• Page 58: Every person will be issued a National ID Healthcard (this is strange since our Texas House Representative from Waco, Jim Dunam, was able to defeat a Voter ID card because elderly folks couldn’t get out and get a card! If they can’t get a voter’s ID surely it would be a kiss of death if they can’t get a proper National ID Healthcard!)
• Page 59: The federal government will have direct, real-time access to all individual bank accounts for electronic funds transfer.
• Page 65: Taxpayers will subsidize all union retiree and community organizer health plans (read: SEIU, UAW and ACORN)
• Page 72: All private healthcare plans must conform to government rules to participate in a Healthcare Exchange.
• Page 84: All private healthcare plans must participate in the Healthcare Exchange (i.e., total government control of private plans)
• Page 91: Government mandates linguistic infrastructure for services; translation: illegal aliens
• Page 95: The Government will pay ACORN and Americorps to sign up individuals for Government-run Health Care plan.
• Page 102: Those eligible for Medicaid will be automatically enrolled: you have no choice in the matter.
• Page 124: No company can sue the government for price-fixing. No “judicial review” is permitted against the governmentmonopoly. Put simply, private insurers will be crushed.
• Page 127: The AMA sold doctors out: the government will set wages.
• Page 145: An employer MUST auto-enroll employees into the government-run public plan. No alternatives.
• Page 126: Employers MUST pay healthcare bills for part-time employees AND their families.
• Page 149: Any employer with a payroll of $400K or more, who does not offer the public option, pays an 8% tax on payroll
• Page 150: Any employer with a payroll of $250K-400K or more, who does not offer the public option, pays a 2 to 6% tax on payroll
• Page 167: Any individual who doesnt’ have acceptable healthcare (according to the government) will be taxed 2.5% of income.
• Page 170: Any NON-RESIDENT alien is exempt from individual taxes (Americans will pay for them).
• Page 195: Officers and employees of Government Healthcare Bureaucracy will have access to ALL American financial and personal records.
• Page 203: “The tax imposed under this section shall not be treated as tax.” Yes, it really says that.• Page 239: Bill will reduce physician services for Medicaid. Seniors and the poor most affected.”
• Page 241: Doctors: no matter what speciality you have, you’ll all be paid the same (thanks, AMA!)
• Page 253: Government sets value of doctors’ time, their professional judgment, etc.
• Page 265: Government mandates and controls productivity for private healthcareindustries.
• Page 268: Government regulates rental and purchase of power-driven wheelchairs.
• Page 272: Cancer patients: welcome to the wonderful world of rationing!
• Page 280: Hospitals will be penalized for what the government deems preventable re-admissions.
• Page 298: Doctors: if you treat a patient during an initial admission that results in a readmission, you will be penalized by the government.
• Page 317: Doctors: you are now prohibited for owning and investing in healthcare companies!
• Page 318: Prohibition on hospital expansion. Hospitals cannot expand without government approval.
• Page 321: Hospital expansion hinges on “community” input: in other words, yet another payoff for ACORN.
• Page 335: Government mandates establishment of outcome-based measures: i.e., rationing.
• Page 341: Government has authority to disqualify Medicare Advantage Plans, HMOs, etc.
• Page 354: Government will restrict enrollment of SPECIAL NEEDS individuals.
• Page 379: More bureaucracy: Telehealth Advisory Committee (healthcare by phone).
• Page 425: More bureaucracy: Advance Care Planning Consult: Senior Citizens, assisted suicide, euthanasia?
• Page 425: Government will instruct and consult regarding living wills, durable powers of attorney, etc. Mandatory. Appears to lock in estate taxes ahead of time.
• Page 425: Goverment provides approved list of end-of-life resources, guiding you in death.
• Page 427: Government mandates program that orders end-of-life treatment; government dictates how your life ends.
• Page 429: Advance Care Planning Consult will be used to dictate treatment as patient’s health deteriorates. This can include an ORDER for end-of-life plans. An ORDER from the GOVERNMENT.
• Page 430: Government will decide what level of treatments you may have at end-of-life.
• Page 469: Community-based Home Medical Services: more payoffs for ACORN.
• Page 472: Payments to Community-based organizations: more payoffs for ACORN.
• Page 489: Government will cover marriage and family therapy. Government intervenes in your marriage.
• Page 494: Government will cover mental health services: defining, creating and rationing those services.

Call or email your congressman and let him know your opinion. This is House Bill 3200—look up http://www.house.gov/ under Thomas system by bill number. You can read it yourself. Another excellent critique was the article in Fortune magazine recently.

Remember to look at the bill yourself. That way, you don’t have to decide which voices to listen to.

HILLARY DEMANDS INDIA DO MORE THAN U.S.

Hillary Clinton, as Sec. of State representing the U.S., went to India last week and said the following:

“Yesterday’s bombings in Jakarta, Indonesia, provide a painful reminder that the threat of such violent extremism is still very real. It is global. It is ruthless. It is nihilistic and it must be stopped,” she said.

“We have a great sense of solidarity and sympathy, having gone through what we did on 9/11,” she added.

Her voice rising, Clinton insisted that the U.S. demand for international action against terrorist should not be taken lightly.

“We know how important (it is). We are fighting wars to end the threat of terrorism against us, our friends and allies around the world.”

She said India can choose its own way of contributing but must be part of a broader effort to defeat the threat.

“We expect everyone” who shares the U.S. goal of a more stable world “to take strong action to prevent terrorism from taking root on their soil and making sure that terrorists are not trained and deployed” from their territory to carry out attacks elsewhere, she added.”

Just exactly what is the current Obama administration doing to prevent terrorism from taking root here on American soil? Exactly what strong action is Obama taking to make sure that terrorists are not trained and deployed to carry out their attacks right here in the U.S.?

All I can find is that Obama is releasing them, ordering that they be read the Miranda rights of American citizens (which they are not entitled to because they are not U.S. citizens and have not paid taxes for any privileges here), is closing Gitmo as soon as he finds a place to release the terrorists to, is giving some of them trials in U.S. courts which requires their lawyers be given secret information and they can’t be convicted because the crime scene was not processed at the time of their arrest (battle field in war), apologizing around the world for America’s wrong-doing, giving fuel to terrorist recruitment groups, releasing photos and documents of U.S. military torturing terrorists (true or not), cozying up to dictators and America-hating leaders, reducing the military budget while giving trillions to everything else, befriending Muslim activists and supporters of Islam – the very religion that attacked the U.S. on Sept. 11, 2001, doing nothing about Khalifah Conferences in American cities (which recruit activists/terrorists), doing nothing about Muslim schools brainwashing generations of children to hate America and Israel.

The Obama administration is allowing – even making easy, terrorist recruiting, training and funding in this country.

What has Hillary Clinton said to Obama regarding this hypocrosy? What is she doing in America to comply with her demands of India? Nothing that I can find!

And let’s not forget that while Hillary is in India saying, We are fighting wars to end the threat of terrorism…” , Obama changed the name “War on Terrorism” to “Overseas Contingency Operation!!!!!!!!!” How absurd!!!!!

It’s “do as I say, not as I do.” It’s talk for the cameras and sound-bytes, not for U.S. policy and actions. Remember these things when it’s time to vote again. Throw out the double-talkers and deceivers. Put America on the right track.