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The folly and illegality of FISA courts

A brief look at how the FISA warrants obtained against Carter Page were in violation of the Constitution of the United States of America – and no one paid attention

Seraphim Hanisch

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In the last several weeks, the term “FISA” has been widely used in discussion regarding the investigations into whether or not the campaign of Donald Trump was involved with Russian agencies in a collusion to win the White House. House Representative Devon Nunes compiled a summary document eliciting the abuses of the FISA warrant process, created through either knowing or unknowing biases against Candidate Trump, and the Democrat Party leadership just had their own “memo’s” declassification request refused, in an intentional effort to frame President Trump as “non-transparent.”

But a bigger issue is hiding in plain sight here, that being the constitutionality of the Foreign Intelligence Surveillance Act (FISA) itself, and the secret court which conduct this clandestine business. Just what is FISA, and is it actually legal?

History of the Foreign Intelligence Surveillance Act

The effective history of this act begins in 1974, after President Richard Nixon resigned from office. At that time, a bipartisan congressional investigation took place, which revealed that the ex-president had violated the Constitution in a number of ways. The most serious one was that he used FBI and CIA agents to spy on American citizens, which is a violation of federal law, and the Fourth Amendment of the US Constitution. For clarity, here is that amendment:

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.

This amendment is so clearly written that it is amazing to consider how a law that was used to directly contravene it could possibly be passed. Nevertheless, that is what happened. First, Mr. Nixon argued that the actions he took were necessary in order to shore up national security, but then he struck an unusually bold note and said:

When the President does it, that means it is not illegal.

Okay, so the Constitution can be broken by the Chief Executive, despite the fact that his oath is to protect, preserve and defend that very same Constitution, so help him God.

Congress took exception to the boldness of Nixon’s statement, but they oddly did NOT take exception to the matter the statement was about. Their solution was to pass a law, called the Foreign Intelligence Surveillance Act in 1978, during the Carter Administration. In a 102-page long document, this law specifies the conditions and procedures by which surveillance may be conducted against foreign agents operating in the United States. However, embedded in Title I of this Act, the stipulation ceases to specify that only non-citizens can fall under surveillance activities:

(2) any person who—

(A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States;

(B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of the United States;

(C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor [sic], for or on behalf of a foreign power;

(D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or

(E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).

What does this mean (and what does it NOT mean?)

This is about as liberal as the statute gets, though, and through the rest of Section 101 of this law, the context is clearly stated that this is for the purpose of preventing violent acts, dangerous to human life from happening. Included in this description are things like sabotage, use of weapons of mass destruction, or clandestine intelligence by a foreign power.

In other words, these are very serious concerns. It is amazing that a surveillance warrant would therefore be obtained, not once, but four times, to track the behavior of a person who was involved in a presidential campaign, unless one is led to believe that Mr. Trump plans to destroy the United States of America.

That being said, this is the closest possible approach to “legality” of this act.  The double protection of American citizens both from primary targeting and also, as has been reported, the requirement stipulated under this provision that any data coming from any American citizen as the result of this surveillance MUST be destroyed and discarded, plus the context that this is a law designed to protect national security are both understandable under the Constitution.

This is not a violation of the Fourth Amendment, because the Fourth Amendment applies to American citizens.

But Carter Page is an American citizen.  He was in no way suspected of terrorism, or the use of weapons of mass destruction (though liberal snowflakes may be inclined to see it this way) against the United States or any of its citizens. Further, the secrecy of the FISA courts made it possible for the warrant to be obtained without due process granted as a legal right under the Constitution for every American citizen. Since every American citizen is granted the right to due process of law, this is at the very least, a completely unconstitutional attempt to “apply” FISA.

This means that the use of FISA against him was illegal in every sense possible. This is an indefensible position unless one believe that Donald Trump is, himself, an explosive device capable of causing death and injury to mass numbers of Americans. To all accounts, the President is anything but a bomb. Unless you are this person, maybe…

What we appear to have here comes down to two problems. The first is the attempt to legalize what is illegal by making a 102 page document designed to show how to skirt the Fourth Amendment, which really does not need to even be skirted, as the Fourth Amendment applies to American citizens, and not foreigners who have no naturalized status at all in the USA. The second is the abuse of an act designed to protect national security, most directly against terrorism, and its use against a relatively minor operative in a political campaign for the presidency of the United States. This last problem has been revealed through the Nunes memo as being a case of strong political bias in action, resulting in a massive abuse of power. But the twisting of the text of FISA itself is probably the seed text for the strange sounding statements of Democrats like Nancy Pelosi, who were asking that the Nunes memo not be made public because “it was a threat to national security.”

While it appears that the only national security at risk was that of the National Democrat Party, it becomes easier to understand and penetrate the sophistry of the liars we keep electing to office in some parts of the country.

This also reveals the extreme importance of understanding the Law of the Land that is our Constitution. The reports about the FISA warrants in this case have been heavy on the abuse of power through political bias, but they have not gone far enough to examine the legality of this law in of itself, and further, to question other abuses and ways this law has been twisted against American citizens to fulfill the desires of those entrusted with power in our government.

Hopefully we can start asking those questions now.

 

 

 

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BBC producer admits Douma attack was false flag that nearly sparked Russia – U.S. hot war (Video)

The Duran – News in Review – Episode 176.

Alex Christoforou

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BBC producer Riam Dalati believes that the scenes caught on video from a hospital in Douma, Syria were staged, all in an effort driven by jihadist terrorists and White Helmet “activists” to draw the U.S. and its allies into full on confrontation with Syria, and by extension Russia.

The viral images caused a media firestorm in 2018, showing children allegedly suffering from chemicals, as main stream media channels, like the BBC itself, called for war with Assad.

The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris discuss the BBC producer’s stunning admission, after a 6 month investigation, that reveals the “‘chemical attack” hospital scenes in Douma were completely staged.

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Via RT


Emotive scenes of Syrian civilians, among them crying, choking, half-naked children, dominated the airwaves in April last year after rebel-affiliated mouthpieces reported yet another “chemical attack by the Assad regime” in the town of Douma. Disturbing reports, including some from the controversial White Helmets, claimed scores of people had been killed and injured.

Mainstream media quickly picked up the horrific (but unverified) videos from a Douma hospital, where victims were treated after this “poison attack.” That hospital scene was enough to assemble a UN emergency session and prompt the US-led ‘coalition of the willing’ to rain down dozens of missiles on Damascus and other locations.

But Riam Dalati, a reputable BBC producer who has long reported from the Middle East, took the liberty of trying to sift through the fog of the Syrian war.

He believes Assad forces did attack the town, but that the much-publicized hospital scenes were staged.

After almost 6 months of investigations, I can prove without a doubt that the Douma Hospital scene was staged. No fatalities occurred in the hospital.

Anticipating further queries, he said no one from the White Helmets or opposition sources were present in Douma by the time the alleged attack had happened except for one person who was in Damascus.

Dalati also says that an attack “did happen” but that sarin, a weapons-grade nerve agent, was not used. He said, “we’ll have to wait for OPCW [Organization for the Prohibition of Chemical Weapons] to prove chlorine or otherwise.”

However, everything else around the attack was manufactured for maximum effect.

The journalist said Jaysh al-Islam, an Islamist faction that fought the Syrian army there, “ruled Douma with an iron fist. They co-opted activists, doctors and humanitarians with fear and intimidation.”

Dalati’s revelations could have become a bombshell news report, but instead it was met with a deafening media silence. His employer preferred to distance itself from his findings. The BBC told Sputnik in a statement that Dalati was expressing “his personal opinions about some of the video footage that emerged after the attack but has not claimed that the attack did not happen.” 

After a while, Dalati restricted access to his Twitter account which is now open only to confirmed followers.

Interestingly, his previous inputs did not sit well with the official narrative either. “Sick and tired of activists and rebels using corpses of dead children to stage emotive scenes for Western consumption. Then they wonder why some serious journos are questioning part of the narrative,” he said in a tweet which he later deleted over “the breach of editorial policy.”

In all, Dalati is not a lone voice in the wilderness. The Intercept has recently run a story that also cast doubt on the mainstream coverage of Douma, although it doesn’t doubt that the attack itself happened. While a veteran British reporter Robert Fisk suggested there was no gas attack at all, saying people there were suffering from oxygen starvation. Witnesses of the “chemical attack,” for their part, told international investigators the story was a set-up.

Moscow, which supports Damascus in its fight against terrorists, has long stated the Douma incident was staged, calling for an international OPCW inquiry. Last year, the Defense Ministry presented what it said was proof the “provocation” was to trigger Western airstrikes against Syrian government forces.

This time, the military recalled a similar 2017 incident in Khan Sheikhoun, where an alleged chemical attack took place. The ministry’s spokesman Igor Konashenkov said on Friday that a closer inspection of footage from that location clearly shows this was a set-up as well.

Now the Foreign Ministry has suggested Dalati is being silenced for voicing inconvenient views, with spokeswoman Maria Zakharova asking on Facebook: “A telling story. How about Western advocates of rights and freedoms? Had they accused BBC of censorship and pressuring the journalist?”

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President Trump schools liberals with National Emergency declaration

President Trump skillfully defeats Democrat naysayers, by increasing support for the border wall prior to declaring a National Emergency.

Seraphim Hanisch

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President Trump signed a continuing resolution to keep the US government fully running through the rest of the 2019 fiscal year. The CR contained a $1.374 bn allocation for US border security, and that money includes and pays for the completion of some fifty-five miles of border fence (or wall, or barrier, or “not-a-wall” depending on one’s preferential phrasing.) He also declared a National Emergency, theoretically freeing at least another $8 bn for the continued construction of the border wall.

Yes, it is a wall. And, yes, it is being built right now. And yes, it will be completed. The President of the United States has made this abundantly clear.

Some news reporters talk about this matter still as though there is in fact no wall now, and that there is no construction in progress on any wall. To that we can say, please watch this:

This section of the wall is going up near Santa Teresa, New Mexico. It augments a very well-designed 18 foot wall stretching from west of Santa Teresa, NM to Tornillo, Texas. If someone wants to cross the border without having to negotiate this barrier they have to go very far off the beaten path to do it. President Trump wants to make it even more difficult; in fact, he wants to have the barrier run the entire length of the US-Mexico border.

This second video says a bit more about the situation:

His campaign to get this has been brilliant in terms of getting the American people informed that there is a problem. How did he do this with a press that hates him?

Easy. He made an issue out of it, knowing that the news media has no choice but to cover the President’s every antic, and in so doing, while seeking fodder for criticism, they actually ended up reporting on the actual problem.

This has been an interesting flow of events:

  • Mainstream news slamming the President’s every statement about the need for a wall
  • The fury of Democrat leaders Nancy Pelosi and Charles “Chuck” Schumer in their 100% opposition – their own temper tantrum whilst blaming that tantrum on Trump, who actually acted more like a strict parent than a bratty teenager
  • The very public presentations of Border Patrol experts that Trump arranged, the purpose being to listen to their own expert assessment of the actual needs at the border

This last issue marks a need for even the conservative press to have a wake-up call. Daniel Horowitz wrote a piece in The Conservative Review excoriating President Trump’s signing of this present deal as a “sell out”, noting that:

Trump originally demanded $25 billion for the wall. Then he negotiated himself down to $5.6 billion. Democrats balked and only agreed to $1.6 billion. This bill calls it a day at $1.375 billion, enough to construct 55 miles. But it’s worse than that. This bill limits the president’s ability to construct “barriers” to just the Rio Grande Valley sector and only bollard fencing, not concrete walls of any kind.

Daniel’s point is great for rhetoric because, of course, the President originally did promise a big beautiful concrete wall running the entire length of the border.

However, he missed the point about using bollard-style walls that can be seen through – the Border Patrol agents themselves said this kind of wall is to their advantage. A solid wall prevents natural visibility and the agents were getting rocks thrown at them from people they could not see on the other side. A see-through capability means that people approaching the wall on the other side can be seen and tracked.

This marks an example of conservative ideology being too strongly fixed, just as the liberals’ ideology is fixed at the level of a four-year old child refusing to let someone else play with his toys.

They both do not understand that President Trump is not concerned with ideology. He is concerned with useful results, which he got in this deal.

Now about that National Emergency. Is this really the constitutional crisis Trump’s detractors say it is?

Probably not.

It has been widely reported that the US is currently running under some 31 other national emergencies, and that the one President Trump declared makes it number 32. The rhetoric from the news media and Democrats is centered around the idea that no President has ever used this power to get money that only the Congress can allot.

We also probably already know that this is an irrelevant point – the President is in charge of the national security of the nation, and he can and must do what he can to ensure it. The huge numbers of illegal crossings, nearly half a million in 2018 were largely apprehended and released into the United States, rather than deported. Half a million is far less than the 1.6 million that came through in 2000, but it is also not zero. Half a million is the size of the city of Atlanta, Georgia.

The distractors in the Democrat party and media do not want anyone comprehending this fact, so they try to divert and dissuade. But President Trump has not let any of this get past him. In a media event, the President had parents and relatives of people who were murdered by illegal aliens in a direct face-off with none other than CNN’s provocateur-in-chief Jim Acosta, and the reporter was forced to listen to what these family members had to say about their convictions that the president was correct in his:

Trump pointed to angel moms in attendance, asking them for their thoughts.

“You think I’m creating something? Ask these incredible women who lost their daughters and their sons,” Trump said. “OK, Because your question is a very political question because you have an agenda. You’re CNN. You’re fake news.”

Trump told Acosta the statistics he provided were “wrong” and told him to take a look at the federal prison population for proof.

“See how many of them,percentage-wise, are illegal aliens,” Trump said. “Just see, go ahead and see. It’s a fake question.”

Acosta was subsequently confronted by the angel moms in attendance, after the press conference. As angel moms confronted the CNN reporter, he invited them to appear on the network in the background of a live shot.

“There is no attempt whatsoever to diminish what they’ve gone through, or take away what they’ve gone through, but as you heard in that question that I had with the president … it was really about the facts and the data,” Acosta said on CNN following his exchange with Trump. “Some of these folks came up to me right after this press conference … they’re holding up these pictures of loved ones who lost their lives.”

An angel mom then discussed that a previously deported illegal alien murdered her son.

“President Trump is completely correct on this issue, we need to protect this country,” the angel mom told Acosta.

Acosta actually was a victim of his own passions when he went to the border to a place where the bollard wall presently stands and reported that nothing was happening there. It seemed that he was expecting that there were supposed to be angry mobs on the other side trying to get through. However, no one was there, because it is rather pointless to try to get over this wall at this place. Even liberals were forced to acknowledge Mr. Acosta’s strategic miscalculation.

The new national emergency is about getting results. If we were concerned only with smooth and impressive politics, we could only remark on the President’s success in maneuvering the Democrats (not all of them were slavishly going with the Pelosi-Schumer stance) and his ability to do what he does best – getting his message to the American people, and giving them information with which to decide what they want.

This campaign is not over, but this particular battle appears to have been won with a lot of hard work.

Slowly, oh, so slowly, it would seem that the forces of common sense are making some headway in America.

 

 

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“This is America” reveals a shocking vision of the United States

The Grammy Award winning Song and Record of the Year feature the very darkest vision of what America has become.

Seraphim Hanisch

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The Grammy Awards are the second of the three most significant musical achievement awards in the United States. Two of the anticipated awards that many fans of this event look forward to learning are the Song of the Year and the Record of the Year.

The Song of the Year is awarded to the songwriters of a given song, where the Record of the Year goes to the artists, producers and engineers involved in crafting the recording (the “record”) of a song. Both categories are huge and both usually go to an artist or organization responsible for a pop song.

It also happens to be that usually the song that is picked is beautiful and in most cases, reflects the character of beauty (whether in music or lyrics or both) for that year.

This year was quite different. Both awards went to Donald Glover, a.k.a. “Childish Gambino” for his song This is America.

This song features a radically different tone than previous winners going back for many years. Though rap remixes are usually less musical, the Grammy winners among these mixes have nevertheless retained some relatively positive, or at least attractive, aspect.

This is America is very different, especially when watched with its video.

Musically, it is genius, though the genius appears to have gone mad. Glover paints a picture of some very positive segments in American life, but then destroys it with his audible form and message that says absolutely nothing positive, but even more so – it doesn’t make sense unless one knows the context.

That context is revealed in the video with frightening images: someone getting their brains blown out (we see the blood fly), a gospel choir shot up with an automatic rifle while they were singing, and cannabis, front and center, being smoked by the artist himself.

This is America?

For Glover, this song and others on his album do seem to reflect that point of view.  Feels like Summer, one of Glover’s other recent songs, also reflects this sense of hopelessness, though it is far more musically consistent. The video gives the most clear contextual information that one could ask for, and while the video is not violent, it features degradation in society, even though the people depicted appear to be trying to make the best of their life situations.

The image Mr. Glover paints of America is a far cry from that which was known to most Americans only twenty years ago, and in fact, in many parts of the country where cannabis is still illegal there is a corresponding sense of positivity in life that is absent in Childish Gambino’s California-esque view of life.

There is a massive change that is taking place in American society. Our music and art reflects this change, and it sometimes even helps drive that change.

The United States of today is at a crossroads.

How many times have we read or heard THAT statement before?  But does it not seem so now? The attempt of identity politics to separate our nation into groups that must somehow fight for their own relevance against other groups is not the vision of the United States only twenty years ago.

Further, the normalization of themes such as drug-use and racism, the perpetuation of one in reality and the other as a mythological representation of how life “really is” in the US is radically bizarre.

In discussions with people who do not live in the United States, we found that sometimes they believed that white-on-black racism really was happening in America, because the media in the US pumps this information out in a constant stream, often with people like Donald Trump as the scapegoat.

But it is not true. Anyone in America’s new “accused class” of white, Christian, European-descent males (and some women who are not feminists), will note that they are not racist, and in fact, they feel persecuted for their existence under the new mantra of “white privilege.”

But it does not matter what they say. The media pumps the message it wants to, and with such coverage it is easy to get to halfway believing it: I know I am not this way, but I guess things are getting pretty bad elsewhere because all of those people seem to be getting this way…

This is the narrative the press promulgates, but upon conversations with people in “those places” we find that it is not true for them, either, and that they may in fact be thinking this is true about us.

Made in America is a visionary song and video. However, the vision is not a dream; it is nothing that anyone in the country would sincerely hope for. Even in Donald Glover’s case – as one of Hollywood’s hottest actors, and as a big success in music, he is far from being one of the “boys in the ‘hood.” In fact, Time Magazine in 2017 named him one of the world’s 100 most influential people.

Certainly his musical work creates a powerful influence, but it also must raise questions, with the main ones being:

  • Are we really like this?
  • Is this what we really want to be as a country?
  • Is this the kind of image we want our children in the US to adopt?

In fact, if Mr. Glover’s work was viewed with care (rather than just as something that is “cool” because the media says it is), it might help us steer away from the cliff that many Americans are in fact heading towards.

We have elected not to link to the video because it is too disturbing for children. It is even too disturbing for many adults. For that reason we are not making it one-click-easy to get to.

Parents reading this opinion piece would do well to screen the video by themselves without the kids around first, before deciding what they want to do. Even though the video is probably something that they have already seen, the parents still stand as the guides and guardians for their children through all the perils of growing up.

These times call for great guardians indeed.

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