Reason.com: Justin Amash, Jared Polis Introduce Bill Requiring a Court Order for Telephone Records

While the White House very lamely attempted to do damage control on the Department of Justice’s grotesque Associated Press surveillance dragnet by unconvincingly re-animating a push for a federal shield law exempting the professional press from most non-national-security-related federal fishing expeditions, some actual civil libertarians in Washington have introduced a bill that would increase protections for all Americans against unchecked federal snooping.

Via InstaPundit, here’s your press release:

Washington, D.C. – Rep. Justin Amash (R-MI), joined by Rep. Zoe Lofgren (D-CA), Rep. Mick Mulvaney (R-SC), and Rep. Jared Polis (D-CO), today introduced legislation to prevent federal agencies from seizing Americans’ telephone records without a court order.

H.R. 2014, the Telephone Records Protection Act, requires court approval when the government demands telephone records from service providers. Current law allows the government to subpoena such records unilaterally, without any judicial review. The Department of Justice likely used its administrative subpoena authority to seize the Associated Press’s telephone records in its recent investigation of a CIA leak.

“The Justice Department’s seizure of the AP’s phone records—likely without the sign-off of a single judge—raises serious First and Fourth Amendment concerns. Regardless of whether DOJ violates the legitimate privacy expectations of reporters or ordinary Americans, we deserve to know that the federal government can’t seize our records without judicial review,” said Amash.

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The Liberty Report Take: It is refreshing these days to find elected officials committed to upholding the constitution, civil liberties, and actually RESTRAINING the power of the government.

The Washington Times: AP CEO calls Justice Department’s records seizure unconstitutional

The president and chief executive  officer of The Associated Press on Sunday  called the government’s secret  seizure of two months of reporters’ phone  records “unconstitutional”  and said the news cooperative had not ruled out  legal action against the  Justice  Department.

Gary Pruitt, in his first television   interviews since it was revealed the Justice Department subpoenaed phone   records of AP reporters and editors, said the move already has had a  chilling  effect on journalism. Mr. Pruitt said the  seizure has made sources  less willing to talk to AP journalists and, in the  long term, could  limit Americans’ information from all news outlets.

Mr. Pruitt told CBS“Face the  Nation” that the government has no business monitoring the AP’s  newsgathering activities.

“And  if they restrict that apparatus … the people of the United States  will  only know what the government wants them to know, and that’s not  what the  framers of the Constitution had in mind when they wrote the  First Amendment,” he said.

In a separate interview with the AP, Mr.  Pruitt said the news cooperative had not decided  its next move but had  not ruled out legal action against the government.

“It’s too early  to know if we’ll take legal action, but I can tell you we  are positively  displeased and we do feel that our constitutional rights have  been  violated,” he said.

“They’ve been secretive; they’ve been  overbroad and abusive — so much so  that taken together, they are  unconstitutional because they violate our First  Amendment rights,” he  added.

Senate Minority Leader Mitch  McConnell, Kentucky Republican, said the government needs to stop leaks by  whatever means necessary.

“This  is an investigation that needs to happen because national security   leaks, of course, can get our agents overseas killed,” he said.

Sen. John Cornyn, Texas Republican and a  member of the Judiciary Committee,  said the  government should focus on those who leak sensitive national security   matters and not on journalists who report on them. Mr.  Cornyn  said his committee should hold hearings on how the Justice  Department  obtained phone records from AP reporters and editors.

“What  confuses me is the focus on the press, who have a constitutional right  here, and we depend on the press to get to the bottom of so many issues  that  we, as individuals, cannot,” Mr. Cornyn  said.

Mr. Cornyn said the  Justice  Department’s actions were part of a pattern for President Obama’s  administration to quiet its critics.

“It’s a culture of cover-ups and intimidation that is giving the administration  so much trouble,” Mr. Cornyn said.

He  also renewed his call for Attorney General Eric  H. Holder Jr. to resign,  citing the contempt citation the House  of Representatives voted against  him last year for refusing to turn over  documents in a failed government  gun-smuggling sting.

White House senior adviser Dan  Pfeiffer said  the president “has complete faith in Attorney General Holder.” He also  insisted the White  House was not involved in the decision to seek AP  phone records.

“A cardinal rule is we don’t get involved in independent investigations — and  this is one of those,” Mr. Pfeiffer  said.

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Click below for the full article.

http://www.washingtontimes.com/news/2013/may/19/ap-ceo-calls-justice-departments-records-seizure-u/?utm_source=RSS_Feed&utm_medium=RSS

 

Dallas Voice: Judge says lesbian mom’s partner must go; Enforces ‘morality clause’

Page Price and Carolyn Compton have been together for almost three years, but a Collin County judge is forcing them apart.

Judge John Roach Jr., a Republican who presides over the 296th District Court, enforced the “morality clause” in Compton’s divorce papers on Tuesday, May 7. Under the clause, someone who has a “dating or intimate relationship” with the person or is not related “by blood or marriage” is not allowed after 9 p.m. when the children are present. Price was given 30 days to move out of the home because the children live with the couple.

Price posted about the judge’s ruling on Facebook last week, writing that the judge placed the clause in the divorce papers because he didn’t like Compton’s “lifestyle.”

“Our children are all happy and well adjusted. By his enforcement, being that we cannot marry in this state, I have been ordered to move out of my home,” Price wrote.

Price also mentions that Compton’s ex-husband rarely sees their two children and was once charged with stalking Compton. She said he also hired a private investigator in order to bring the case before the judge. Court records show the ex-husband, Joshua Compton, was charged with third-degree felony stalking in 2011 but pleaded to a misdemeanor charge of criminal trespassing.

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Click below for the full article.

http://www.dallasvoice.com/judge-lesbian-moms-partner-10147997.html

Reason.com: The IRS Abuse Scandal Keeps Growing; An audit of the agency’s behavior unearths disturbing new information.

Reading the highly critical report by the Internal Revenue Service’s auditor, you get the sense that rogue, lower-level agents ran amok, writing up watch lists, targeting conservative agencies, and stalling their applications for tax-exempt status.

At least IRS management has painted a picture of misguided underlings who acted “inappropriately,” finally offering a mea culpa a couple years after claims that Tea Party groups being hung up, even harassed, by tax agents began filtering in.

Lois Lerner, director of the IRS’ exempt organizations unit, apologized a week ago for front-line employees who inappropriately flagged for further review organizations with the descriptors, “tea party” or “patriot.”

“We had a shortcut in the process. It wasn’t appropriate.  We learned about it and we fixed it,” Lerner said, emphatically denying that the segregation of applications and the lengthy delays in processing them merely based on conservative-sounding names had absolutely nothing to do with partisan politics.

But a report released late Tuesday by the Treasury Inspector General for Tax Administration, the independent overseer of the IRS, points to lax management and at least ignorance of federal code governing tax-exemption review. And while TIGTA may not employ the term “targeted” in its scathing review, the auditor blasts the IRS for singling out conservative groups, asking them a host of unnecessary questions and, in many cases, grinding the application process to a halt.

More than anything, the IRS’ “inappropriate” measures threaten public confidence, the report notes.

“The mission of the IRS is to provide America’s taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all.  According to IRS Policy Statement 1-1, IRS employees accomplish this mission by being impartial and handling tax matters in a manner that will promote public confidence,” the audit states.

“However, the criteria developed by the (IRS) Determinations Unit gives the appearance that the IRS is not impartial in conducting its mission.  The criteria focused narrowly on the names and policy positions of organizations instead of tax-exempt laws and Treasury Regulations.”

BOLO List

The audit depicts agents in 2010, earlier than IRS brass previously had stated, pulling out 501(c)(4) applications with “Tea Party, Patriots, or 9/12 in the organizations name,” as well as “political-sounding names.” In May 2010, the Determinations Unit began developing a spreadsheet that would become known as the “Be On the Look Out” list, according to the audit. By August, the unit began distributing the first formal BOLO list.

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Click below for the full article.
http://reason.com/archives/2013/05/18/the-irs-abuse-scandal-keeps-growing

The Daily Beast: Is Obama Worse For Press Freedom Than Nixon?

Is Obama Worse Than Nixon?

President Barack H. Obama’s outrageous seizure of the Associated Press’s phone records, allegedly to discover sources of leaks, should surprise no one. Obama has relentlessly pursued leakers ever since he became president. He is fast becoming the worst national security press president ever, and it may not get any better.

It is believed that Obama’s Justice Department sought AP’s records to find the source of a leak that informed an AP story about a failed terrorist attack. What makes this action particularly egregious is that Justice didn’t tell AP what it was doing until two months after it obtained the records. This not only violates Justice Department guidelines for subpoenas of this sort, but also common sense, decency, and the First Amendment.

 

Under the guidelines, subpoenas concerning the press cannot be issued without the express approval of the Attorney General. Further, before a subpoena is issued, the government is honor bound to negotiate with the party to which it is directed.

 

While Attorney General Eric H. Holder, Jr. may have approved the subpoena, he apparently never told AP about it. In the meantime, the Justice Department for two months has had all the details of AP’s newsgathering. AP could bring a lawsuit to declare its First Amendment rights have been violated and seek a return of its records. Gary Pruitt, President of AP, has already made a demand for them.

 

While this legal action by AP is possible, the government has picked the one federal jurisdiction most favorable to it for obtaining the source of leaks, namely, the federal court in the District of Columbia. Its subpoenas were directed to telephone companies located in D.C.

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The Liberty Report Take:  While Neocons, GOP Establishment, and general Conservative folks would all probably say Obama is the worst President not just for Freedom but overall, he probably has a ways to go before reaching the level of his predecessor W. or Richard Nixon.  After all, Nixon was the man who enhanced a Big Brother Government, got us off the gold standard, and started the unconstitutional war on drugs.

Click below for the full article.

http://www.thedailybeast.com/articles/2013/05/14/is-obama-worse-for-press-freedom-than-nixon.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+thedailybeast%2Farticles+%28The+Daily+Beast+-+Latest+Articles%29

 

CNN: ‘Angry’ Obama announces IRS leader’s ouster after conservatives targeted

President Barack Obama vowed Wednesday to hold accountable those at the Internal Revenue Service involved in the targeting of conservative groups applying for federal tax-exempt status, beginning with the resignation of the agency’s acting commissioner who was aware of the practice.

In a brief statement delivered to reporters in the East Room of the White House, the president announced that Treasury Secretary Jack Lew had requested — and accepted — the resignation of acting IRS Commissioner Steven T. Miller.

The president said the “misconduct” detailed in the IRS Inspector General’s report released Tuesday over the singling out of conservative groups is “inexcusable

“Americans have a right to be angry about it, and I’m angry about it,” Obama said.

“It should not matter what political stripe you’re from. The fact of the matter is, the IRS has to operate with absolute integrity.”

Miller was made aware of the agency’s targeting of conservative groups in May 2012, according to the IRS, while serving as deputy IRS commissioner. He did not tell Congress about it when he testified before an oversight committee in July despite being questioned on the issue. Miller was named acting IRS commissioner in November.

Obama pledged to work “hand in hand” with Congress as it investigates, and he vowed new safeguards will be put in place at the IRS so that “this doesn’t happen again.”

In an internal message to IRS employees obtained by CNN, Miller said he would be stepping down as commissioner in early June.

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Click below for the full article.

http://www.cnn.com/2013/05/15/politics/irs-conservative-targeting/index.html?hpt=hp_t1

The Week: Why did the Obama administration spy on the Associated Press?

The Justice Department, led by Attorney General Eric Holder, has been accused of spying on the Associated Press.

The Associated Press on Monday revealed that the Department of Justice had secretly spied on AP reporters, obtaining two months’ worth of telephone records in what was most likely an attempt to crack down on internal leaks.

According to the AP, the Justice Department acquired records for more than 20 different phone lines associated with the news agency — including reporters’ cell, office, and home lines — that could affect more than 100 staffers. Calling the move a “massive and unprecedented intrusion,” AP President and Chief Executive Officer Gary Pruitt demanded that the DOJ explain why it had gone after the records. He also insisted that the government return the phone records and destroy all other copies of them.

“There can be no possible justification for such an overbroad collection of the telephone communications of the Associated Press and its reporters,” he said in a strongly worded letter to Attorney General Eric Holder. “These records potentially reveal communications with confidential sources across all of the news-gathering activities undertaken by the AP during a two-month period, provide a road map to AP‘s news-gathering operations, and disclose information about AP‘s activities and operations that the government has no conceivable right to know.”

He also accused the government of violating the news agency’s First Amendment rights, saying, “We regard this action by the Department of Justice as a serious interference with AP’s constitutional rights to gather and report the news.”

The DOJ told the AP of the secret eavesdropping on Friday, though the department did not explain exactly why it had gone after the records, dated April and May of 2012. According to the AP, the records detail incoming and outgoing calls on reporters’ personal phones, as well as office lines in New York, Hartford, Conn., and Washington, D.C. — including the agency’s line at the House of Representatives.

The AP suggested the snooping may have been an attempt to find out who within the government leaked information about a foiled Yemeni terror plot that ran in a May 2012 AP story.

More from the Associated Press on that:

The government would not say why it sought the records. Officials have previously said in public testimony that the U.S. attorney in Washington is conducting a criminal investigation into who may have provided information contained in a May 7, 2012, AP story about a foiled terror plot. The story disclosed details of a CIA operation in Yemen that stopped an al-Qaida plot in the spring of 2012 to detonate a bomb on an airplane bound for the United States.

In testimony in February, CIA Director John Brennan noted that the FBI had questioned him about whether he was AP‘s source, which he denied. He called the release of the information to the media about the terror plot an “unauthorized and dangerous disclosure of classified information.” [Associated Press]

As the AP notes, prosecutors had previously asked the agency and its reporters for that information, though the news agency declined to cooperate. According to the AP, phone records for five reporters and one editor who worked on that story were among those collected by the DOJ.

In an interview with The Washington Post, a lawyer for the AP warned that the intrusion would have a chilling effect on the agency’s ability to effectively gather and report the news.

“This action is a dagger to the heart of AP‘s news-gathering activity,” lawyer David Schulz said. “Sources are not likely to talk to reporters who they know are being used as investigative tools by prosecutors. And that’s what’s happening here.”

Likewise, the American Civil Liberties Union strongly condemned the seizure as an “unacceptable abuse of power.”

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The Liberty Report Take:  This is exactly the kind of abuse that happens when we send politicians to Washington who won’t uphold the Constitution.  This is a consequence of Big Government ideology versus a limited federal government that adheres to the most sublime Constitution ever written by mankind.  Power tends to corrupt, and absolute power corrupts absolutely.

Click below for the full article on The Week’s website.

http://theweek.com/article/index/244114/why-did-the-obama-administration-spy-on-the-associated-press

The Blaze: Obama Administration Under Siege From 3 Huge Scandals: Here’s Why It Could All Come Crashing Down

In just one week, President Barack Obama’s political machine has switched from endless campaign to survival mode. And for the first time in Obama’s presidency, the damage to his regime may be permanent.

Three revelations have come together like an avalanche. First, there was a Benghazi hearing that proved beyond any reasonable doubt that this administration is feckless, dishonest, and cravenly politicized. But in its aftermath on Friday, an executive branch information dump dropped another bombshell: the IRS does indeed target and intimidate conservative groups.

This appalling admission from a senior IRS official was obviously meant to slide into the news cycle and dissipate over the weekend. This unseemly public relations gambit has become a hallmark of the Obama approach to all issues, regardless of their importance to the nation. Deny or delay, spin and win.

And, to the discredit of our electorate, it has worked–until perhaps now.

As the country was still reeling from the gut-wrenching testimony of three Benghazi whistleblowers and the IRS mea culpa, yet another log was thrown onto the bonfire of the Obama administration’s credibility. Yesterday the Associated Press broke a news story that Obama’s Justice Department collected phone data on dozens of AP reporters as part of a national security leak investigation.

Such sweeping intrusion upon a news organization’s privacy–exposing all its sources and chilling all speech in the process–makes a mockery of the Constitution’s guarantee of not “abridging the freedom of speech.” We can now add the First Amendment to the butcher’s bill of Obama administration overreach and nascent autocracy.

These three scandals have encircled the Obama administration. They threaten to turn the President’s second term into an ongoing partisan dogfight as the GOP pushes for answers that could trigger investigations, resignations–yes, possibly even impeachment, depending on what is found.

Here’s a brief rundown of the current debacles facing Obama:

1) IRS as a Political Weapon

The IRS singled out and harassed conservative political groups, including during the election year of 2012. The mere mention of the IRS understandably sends a jolt of anxiety through most Americans, so the implications of this conduct for Tea Party and other conservative groups are obvious. This was the worst kind of dirty politics, and an affront to even the most basic trust in government.

While the IRS admitted this egregious conduct, already there have been lies peddled about the depth and scope of this malfeasance. At first we were told that the breaches were limited to low-level civil servants in a few field offices. But that was also false, as we now know Washington DC-based IRS officials were involved too.

The familiar script from Obama and his phalanx of public relations protectors in the White House–that the IRS abuses are not political, and only those who want answers have any political motivations–sounds increasingly obtuse, and pathetic. All the obfuscation on these issues come from the same direction, and benefit the same side of the political aisle.

And ultimately, incompetence and ignorance are poor excuses for a chief executive. The president can only claim he didn’t know what his agencies were up to so many times before someone asks the President that all important question- what would you say, you do here?

2) Frontal Assault on the First Amendment

If a free press is the foundation upon which representative government is built, the Obama administration has allowed the Department of Justice to take a sledgehammer to it. The wholesale investigation of a major news outlet like the Associated Press undermines the intent and spirit of laws meant to promote the discourse necessary for democracy.

And this sets a very dangerous precedent. Unknown to much of the public, there is no special exception for the media to publish classified government information, nor are there hard-and-fast statutory constraints on calling members of the press to divulge their sources under pressure of subpoena. If Obama’s DOJ can do this once, there is no reason they can’t make it standard operating procedure. That would mean bye-bye, fourth estate.

Until now, the federal government has been generally aware of the tension that exists between national security and the First Amendment. Not this administration. Leakers, at least the ones not authorized from the White House itself, are punished severely.

At this early stage, it seems likely the Obama administration recognized that, despite its loud proclamations of outrage, no arrests have been made over the string of national security leaks over the past two years. In order to make it look like they take all leaks seriously, and to send a message to any prospective whistleblowers, Obama officials probably decided to go all in after one unauthorized leaker without the benefit of White House connections. That frenzied effort may have led to the unprecedented, secret seizure of Associated Press records.

3) Benghazi Lies Laid Bare

While the audacity of hyper-partisanship from Obama is jarring, it’s not shocking. So much about this administration, and for so long, has been venal, petty, and undignified. The most recent iteration of the Benghazi hearings solidified those feelings and left even the most ardent administration supporter defending the indefensible. But many questions remain:

Who made up the story about the YouTube video? Was Hillary Clinton incapable of calling her own employees to find out what happened? Where was President Obama during the 8-hour attack? What is being done to bring the attackers to justice? These are just some of the unknowns that require continued investigation despite the administration’s efforts at stonewalling.

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Click below for the full article.

http://www.theblaze.com/contributions/obama-administration-under-siege-from-3-huge-scandals-heres-why-it-could-all-come-crashing-down/

Yahoo News: After Benghazi, IRS tea party probe: Govt seized AP phone records

Exactly ten days ago, President Barack Obama was piously telling reporters who cover him that free speech and an independent press are “essential pillars of our democracy.” On Monday, the Associated Press accused his administration of undermining that very pillar by secretly obtaining two months’ worth of telephone records of AP reporters and editors.

“We regard this action by the Department of Justice as a serious interference with AP’s constitutional rights to gather and report the news,” AP President and Chief Executive Officer Gary Pruitt wrote in a letter to Attorney General Eric Holder.

The latest revelations are sure to pour fuel on the fire of Republican-driven Richard Nixon comparisons. They come in the wake of revelations that the IRS may have improperly scrutinized the tax-exempt status of conservative, tea party-linked groups. This might, in order words, not be a great time to announce a groundbreaking trip to China.

And the news threatens to pile fresh political woes on a second term already burdened by a painful gun-control defeat, a seemingly stalled economic agenda, and Republican rage at the botched response to the Sept. 12, 2012 terrorist attack that killed four Americans in Benghazi, Libya.

The revelations that the Justice Department may have sought AP phone records drew an angry response from Republican House Speaker John Boehner’s office. “The First Amendment is first for a reason. If the Obama Administration is going after reporters’ phone records, they better have a damned good explanation,” said Boehner spokesman Michael Steel.

And Laura Murphy, a top American Civil Liberties Union official in Washington, D.C., condemned “unwarranted surveillance” of the press and urged Holder to explain what transpired “so that we can make sure this kind of press intimidation does not happen again.”

Holder was expected to face questions on the issue when he appears Wednesday before the House Judiciary Committee.

A spokesman for the U.S. Attorney’s Office for the District of Columbia did not answer a question from Yahoo News on whether other news outlets had been targeted. The spokesman, Bill Miller, did not confirm the AP allegations, but insisted in a statement that “we take seriously our obligations to follow all applicable laws, federal regulations, and Department of Justice policies when issuing subpoenas for phone records of media organizations.”

Pruitt, in his letter to Holder, fiercely disagreed.

 

He said that the Justice Department had obtained telephone records for more than 20 separate phone lines assigned to the AP — the world’s largest wire service — and its journalists. The records cover a two-month span in early 2012 and cover phones lines for AP in New York City, Washington D.C., Hartford, Conn., and one line at the AP workspace in the House of Representatives.

“This action was taken without advance notice to AP or to any of the affected journalists, and even after the fact no notice has been sent to individual journalists whose home phones and cell phone records were seized by the Department,” Pruitt wrote.

“There can be no possible justification for such an overbroad collection of the telephone communications of The Associated Press and its reporters,” Pruitt wrote. “These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two-month period, provide a road map to AP’s newsgathering operations, and disclose information about AP’s activities and operations that the government has no conceivable right to know.”

Pruitt called it “particularly troubling” that the Justice Department “undertook this unprecedented step without providing any notice to the AP, and without taking any steps to narrow the scope of its subpoenas to matters actually relevant to an ongoing investigation.”

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The Liberty Report Take: As posted earlier today, this is yet another move to transition the United States away from the consitution into a Big Brother form of government.

Click below for the full article.

http://news.yahoo.com/blogs/ticket/benghazi-irs-tea-party-probe-govt-seized-ap-221531096.html