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Category : News: Legal & Courts

Holder OK’d search warrant for Fox News reporter’s private emails, official says

Attorney General Eric Holder signed off on a controversial search warrant that identified Fox News reporter James Rosen as a “possible co-conspirator” in violations of the Espionage Act and authorized seizure of his private emails, a law enforcement official told NBC News on Thursday.

The disclosure of the attorney general’s role came as President Barack Obama, in a major speech on his counterterrorism policy, said Holder had agreed to review Justice Department guidelines governing investigations that involve journalists.

“I am troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable,” Obama said. “Journalists should not be at legal risk for doing their jobs.”

Rosen, who has not been charged in the case, was nonetheless the target of a search warrant that enabled Justice Department investigators to secretly seize his private emails after an FBI agent said he had “asked, solicited and encouraged … (a source) to disclose sensitive United States internal documents and intelligence information.”

Obama’s comments follow a firestorm of criticism that has erupted over disclosures that in separate investigations of leaks of classified information, the Justice Department had obtained private emails that Rosen exchanged with a source and the phone records of Associated Press reporters.

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Judge: Lesbian Couple Can’t Live Together: ‘Morality Clause’ in Divorce Settlement forces them apart

With gay marriage banned in Texas, a lesbian couple has been forced to live apart.

A lesbian couple in Texas is claiming discrimination after a judge told the pair they legally could not live together. Carolyn Compton and Page Price have been sharing a household with Compton’s two daughters, ages 10 and 13. But the judge said Price would have to move out, because of a “morality clause” in the divorce papers Compton signed when she ended her 11-year heterosexual marriage, the Dallas Morning News reports. The fairly common clause forbids either parent from having romantic partners stay overnight while their kids are home.

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Judge apologizes for lack of transparency in Fox News leak probe (Corrupt Lib Judiciary)

The chief judge of the District’s federal court issued an unusual order Wednesday, apologizing to the public and the media for not making certain court documents widely available online.

The gesture of transparency by U.S. District Judge Royce C. Lamberth comes at a time when the Obama administration is under scrutiny for an unprecedented number of leak investigations, including one showing that the Justice Department had secretly probed the news-gathering activities of Fox News reporter James Rosen.

The investigation of Rosen was first reported Monday, after The Washington Post obtained court documents containing details of the case. A federal judge had ordered the documents unsealed in November 2011, but they were kept sealed for 18 months and not posted on the court’s online docket until last week, after The Post inquired about them.

Lamberth blamed a series of administrative errors and said a review of the “performance of the personnel involved is underway.” He also said he was creating a new category on the court’s Web site where all search and arrest warrants will be made public unless they fall under a separate sealing order.

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ISSA TO HAUL LERNER BACK, ‘Waived her fifth amendment rights’ by giving opening statement”

Darrell Issa and Lois Lerner are pictured in this composite. | AP Photos

House Oversight and Government Reform Committee Chairman Darrell Issa said embattled IRS official Lois Lerner waived her Fifth Amendment rights and will be hauled back to appear before his panel again.

The California Republican said Lerner’s Fifth Amendment right to avoid self-incrimination was voided when she gave an opening statement this morning denying any wrongdoing and professing pride in her government service.

“When I asked her her questions from the very beginning, I did so so she could assert her rights prior to any statement,” Issa told POLITICO. “She chose not to do so — so she waived.”Lerner triggered the IRS scandal on May 10 when she acknowledged that the agency wrongly targeted conservative groups applying for a tax exemption. Her lawyer told the House committee earlier this week that she would exercise her Fifth Amendment.

She appeared before Issa’s committee this morning under the order of a subpoena and surprised many by reading a strong statement to the panel.

“I have not done anything wrong,” she said. “I have not broken any laws. I have not violated any IRS rules or regulations, and I have not provided false information to this or any other committee.”

Issa dismissed her from the committee room once it became clear she wouldn’t answer questions. As the hearing wound down this afternoon, Issa kept the panel in recess instead of adjourning. The move allows him to recall Lerner without issuing a new subpoena.Legal experts are questioning whether Lerner’s Fifth Amendment protections dissolved once she began talking on Wednesday, as Issa argues.

“I don’t think a brief introductory preface to her formal invocation of the privilege is a waiver,” said Stan Brand, who was the general counsel for the House of Representatives from 1976 to 1983 and works on ethics issues.

He said the bigger problem for Lerner may be that she has made herself available to Congress in the past.

“The more serious question is whether any of her earlier congressional appearances before other committees constituted a waiver,” Brand said. “That in turn may depend on whether any of those appearances were ‘compelled’ — that is, pursuant to a subpoena.”

He said the committee may ultimately pursue a contempt charge if Lerner continues to refuse to talk.

“Bottom line,” Brand said, “I think we will hear no more from Ms. Lerner” unless she is provided immunity.

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Top IRS official will invoke the Fifth Amendment in congressional hearing about tea party targeting program

Lois Lerner heads the IRS's Exempt Organizations division. Her lawyer says she will plead the Fifth Amendment on Wednesday to avoid answering questions about her agency's tea party scandal during a congressional hearing

The Los Angeles Times reported Tuesday afternoon that Lois Lerner, who heads up the Internal Revenue Service’s tax-exempt division, plans to invoke the Fifth Amendment to the U.S. Constitution in a hearing Wednesday before the House Committee on Oversight and Government Affairs.

The Fifth Amendment provides that U.S. citizens may not be compelled to offer testimony if telling the truth would incriminate them.

Lerner’s defense lawyer, William W. Taylor III, wrote to the committee on Tuesday that his client would refuse to answer questions related to what she knew about the extra levels of scrutiny applied to conservative nonprofit organizations that applied for tax-exempt status beginning in 2010.

Savages, Sexual Predators, and Their Defenders: How the Gov’t Views the Military

By A Marine Infantry Officer

Note: The opinions stated are my own and in no way represent the policy or opinion of the United States Marine Corps or the Armed Forces of the United States.

As our military moves into its second decade of fighting overseas, some in the media and on Capitol Hill have shamefully managed to both cover up an actual scandal over the death of four Americans in Benghazi and at the same time manufacture a scandal through their outrage over reports of sexual assault in the military. With barely contained vitriol, editorials, news articles, and political speeches have recently described these reports as an “epidemic.” Top military leaders have been berated and slandered for “failing to understand the problem” and for creating a culture of rape by getting “their buddies” off the hook as a matter of policy. American servicemen have even been outrageously and insultingly labeled more dangerous to their fellow women-in-arms than the enemy in combat.

Do sexual assaults occur in the uniformed services? Absolutely. Just like they do in every other sphere of the civilian world. Do they happen in higher proportion? Absolutely not. In fact, the numbers prove the opposite. Yet with no understanding of military life and culture, Washington politicians and journalists have condemned American servicemen as savages and sexual predators without digging into the facts.

The current controversy over sexual assaults began on May 5, 2013, after an Air Force lieutenant colonel, who happened to be in charge of the Air Force’s Sexual Assault Prevention and Response (SAPR) program, was charged with groping a woman in a parking lot while drunk. Two days later, the Pentagon released the results of a survey, which estimated that 26,000 service members had experienced “unwanted sexual contact,” a 30-percent increase over the 2010 estimate of 19,600.

Let’s start with the Air Force lt. colonel. First, his behavior, if proven true, was reprehensible and unbecoming of an officer in the U.S. Armed Forces. He should be court-martialed and discharged from the military immediately. However, his conduct did not occur in uniform or in the line of duty. He was drunk in a parking lot in Arlington, not on a base or deployed in a combat zone. So while horrible, it is no different from any other civilian sexual assault and unrelated to the statistics of sexual assault in the military. Yes, he was the leader of the Air Force’s SAPR office. Bill Clinton was the head of the Democratic Party, yet the sexual assault accusations against him were not reflective of the Democratic Party as a whole. Neither were Anthony Weiner’s or Eliot Spitzer’s sexually deviant behaviors.

With regard to the Pentagon’s recent sexual assault survey, there is and should be zero tolerance for sexual assaults in the military, and we must strive to eliminate the crime from the ranks. But before we condemn the military as a whole, let’s put the numbers in perspective. The survey estimates that 26,000 service members experienced “unwanted sexual contact.” Currently, there are 1.4 million active-duty service members in the United States Military, which means that the survey’s estimate of 26,000 equals roughly 2 percent of the United States Military. The survey further clarifies that of the 26,000 service members, 12,100 were women and 13,900 were men, which means that 6.1 percent of women (out of 200,000 female service members) and 1.2 percent of men (out of 1.2 million) on active duty experienced “unwanted sexual contact.” Compare this number to an estimate by the New York State Coalition against Sexual Assault that 1 out of every 4 women in college has been sexually assaulted. Where is the outrage and similar condemnation of universities?

Again, this is not meant to minimize the seriousness of the sexual assaults that do occur in the military or the justice that must be brought against perpetrators. The question is, why has the Washington establishment been so quick to condemn our servicemen despite its complete lack of understanding of life in the military or in a combat zone? More importantly, why has every senator, congressman and journalist who has commented on this topic ignored the evidence in the Pentagon’s study — which is clear as day — that shows that the rate of military sexual assaults is lower than in society generally? Is it through willful omission, or is it simply overlooked through selection bias?

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Second abortion clinic where doctor ‘twisted heads off fetus’ necks with his bare hands’ Investigated

karpen

A second ‘house of horrors’ abortion clinic is being investigated in Texas, just days after Dr Kermit Gosnell was found guilty of murdering newborns at his Philadelphia termination center.

Houston doctor Douglas Karpen is accused by four former employees of delivering live fetuses during third-trimester abortions and killing them by either snipping their spinal cord, stabbing a surgical instrument into their heads or ‘twisting their heads off their necks with his own bare hands’.

Other times the fetus was so big he would have to pull it out of the womb in pieces, Karpen’s ex-assistant, Deborah Edge, said in an Operation Rescue video, which has prompted a criminal investigation into the doctor.

‘Sometimes he couldn’t get the fetus out… he would yank pieces – piece by piece – when they were oversize,’ Edge explained.

‘And I’m talking about the whole floor dirty. I’m talking about me drenched in blood.’

Two of Edge’s colleagues, Gigi Aguliar, and Krystal Rodriguez, also described the hellish scenes which took place at the Aaron Women’s Clinic in Houston in 2011, and possibly two other abortion clinics run by Karpen in Texas.

Another staffer, who remains anonymous, filed an affidavit with her account of events, which the Texas Department of State Health Services is using in its investigation.

‘We have several people looking into the allegations,’ Harris County District Attorney spokesman Sara Marie Kinney told Chron.com.

Lt. Gov. David Dewhurst said he had read the allegations ‘with disgust’ before calling for a full investigation into Karpen and his clinics.

thumbBegala: I Love To Mock Tea Party’s Fear of BIG GOVERNMENT, But This Time They’re Right (Video)

thumbVideo: ‘Is this still America?’ Congressional hearing turns into IRS smackdown!

FEDERAL GOVERNMENT MANDATES UNCONSTITUTIONAL SPEECH CODES AT COLLEGES AND UNIVERSITIES NATIONWIDE

In a letter sent yesterday to the University of Montana that explicitly states that it is intended as “a blueprint for colleges and universities throughout the country,” the Departments of Justice and Education have mandated a breathtakingly broad definition of sexual harassment that makes virtually every student in the United States a harasser while ignoring the First Amendment. The mandate applies to every college receiving federal funding—virtually every American institution of higher education nationwide, public or private.

The letter states that “sexual harassment should be more broadly defined as ‘any unwelcome conduct of a sexual nature’” including “verbal conduct” (that is, speech). It then explicitly states that allegedly harassing expression need not even be offensive to an “objectively reasonable person of the same gender in the same situation”—if the listener takes offense to sexually related speech for any reason, no matter how irrationally or unreasonably, the speaker may be punished.

This result directly contradicts previous Department of Education guidance on sexual harassment. In 2003, the Department of Education’s Office for Civil Rights (OCR) stated that harassment “must include something beyond the mere expression of views, words, symbols or thoughts that some person finds offensive.” Further, the letter made clear that “OCR’s standards require that the conduct be evaluated from the perspective of a reasonable person in the alleged victim’s position, considering all the circumstances, including the alleged victim’s age.”

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Obama Isn’t Disengaged — He Leads a Government Waging War on Its Domestic Enemies!

RUSH: Did you hear how David Axelrod attempted to defend Obama on the IRS scandal? I think he was on MSNBC today. David Axelrod said (paraphrasing), “Well, you know, the government’s too big. The government’s simply too vast for Obama to control it.” Bingo! Exactly! That’s the whole reason the Tea Party exists. The government is too big. Not only is the government too big, it’s growing. It’s growing to the point that it is unmanageable, although that is a big, I think, diversion in and of itself.

They managed all of this. They were able to direct all of these scandals, folks. And yet the theme of the day in the Drive-By Media, guess what it is? Now all of a sudden Obama is just too disengaged. He’s too passive. He’s too disinterested. He couldn’t possibly have had a direct role in any of this ’cause he doesn’t care enough. He’s not engaged enough. Dana Milbank actually has a name for him in his Washington Post column. The headline of Milbank’s piece: “Obama, the Uninterested President.” And he refers to him as “President Passerby.”

Folks, I am telling you, the media is now being split up. That may not be the accurate way to say this, but some elements of the media are loaded for bear now, or appear to be at least on the IRS scandal. Some of them are still circling the wagons around Obama, and one of them is Dana Milbank. But there is in certain sectors of the State-Controlled Media, the theme today is that Obama couldn’t have been involved directly in any of this stuff. Obama couldn’t be. He’s too passive. He’s too disinterested. He’s focused on other things. His job has never really been all that challenging to Obama. I mean, it’s so beneath his skill set.

This guy is really capable and qualified of so much more and so much of this bores Obama, because he can’t get as much done as he wants to get done. There’s all this gridlock because of Limbaugh and the Republicans, and so he’s just frustrated. The poor guy, it’s almost to the point where he’s just thrown up his hands and said, “Well, to hell with it. Everything moves so slow I can’t get anything done,” and that’s why he goes out and plays golf ’cause he really doesn’t care that much. This is what they are constructing, folks, as a way of insulating Obama from any of these scandals, about which there are now four.

There is an EPA scandal that is developing and it involves treating conservative organizations much the same way the IRS did. But, boy, I tell you, Axelrod: the government is just too big, it’s just too vast for Obama to control. Exactly. Exactly. You know, folks, it’s kind of funny. It seems like only a few days ago Barack Obama was telling the graduates at the Ohio State University commencement exercise about the joys of big government. He was mocking right-wingers who distrust big government for their paranoid suspicions about tyranny. He was warning them about all the voices, and he meant one; I’m now convinced it was me, since I do live rent free in his head.

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Progressive Group: IRS Gave Us Conservative Groups’ Confidential Docs

The progressive-leaning investigative journalism group ProPublica says the Internal Revenue Service (IRS) office that targeted and harassed conservative tax-exempt groups during the 2012 election cycle gave the progressive group nine confidential applications of conservative groups whose tax-exempt status was pending.

The commendable admission lends further evidence to the lengths the IRS went during an election cycle to silence tea party and limited government voices.

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Philly abortion doctor found GUILTY in 3 babies’ deaths

A Philadelphia abortion doctor was found guilty Monday of first-degree murder and could face execution in the deaths of three babies who authorities say were delivered alive and then killed with scissors at his grimy clinic, in a case that became a flashpoint in the nation’s debate over abortion.

Dr. Kermit Gosnell, 72, was also found guilty of involuntary manslaughter in the drug-overdose death of a patient who had undergone an abortion. He was cleared in the death of a fourth baby, who prosecutors say let out a soft whimper before he snipped its neck.

Gosnell appeared hopeful before the verdict was read and calm afterward; jurors and lawyers on both sides were more emotional.

The jury will return May 21 to hear evidence on whether Gosnell should get the death penalty.

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IRS chief counsel knew of the targeting of conservative groups way back in 2011!

This changes the dynamic in two ways:

A federal watchdog’s upcoming report says senior Internal Revenue Service officials knew agents were targeting tea party groups in 2011.

The disclosure contradicts public statements by former IRS Commissioner Douglas Shulman, who repeatedly assured Congress that conservative groups were not targeted. ….

That report says the head of the IRS division that oversees tax-exempt groups learned that groups were being targeted in June 2011. It does not say whether Shulman was notified.

Yesterday, the IRS claimed that this only happened in one office in just 2012, and that only lower-level officials were involved. This report from the Associated Press refutes both of those claims — and adds yet another damning example to a growing list of misleading and false statements from the Obama administration.

Let’s go back to yesterday’s admission:

Lois G. Lerner, the IRS official who oversees tax-exempt groups, said the “absolutely inappropriate” actions by “front-line people” were not driven by partisan motives.

Rather, Lerner said, they were a misguided effort to come up with an efficient means of dealing with a flood of applications from organizations seeking ­tax-exempt status between 2010 and 2012.

Lerner’s statement gave the clear impression that the IRS only just learned about this, and that the actions were by rogue agents without enough supervisory control. The AP’s report on the upcoming Treasury IG’s report is that it will demonstrate that “senior officials” knew about this more than a year earlier — while Shulman was telling Congress that nothing of the sort was going on.

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Benghazi whistleblower hearing: A grand public service (From The Washington Post!)

http://www.washingtonpost.com/blogs/erik-wemple/files/2012/12/benghazi.jpg

We’ve heard the official line of Obama administration officials. Benghazi happened “a long time ago.” Benghazi has been thoroughly investigated—all the questions have been asked and answered, all the key officials have given their on-the-record testimony. The media have had their chances to ask their questions.

If all that is true, then why did the testimony of Gregory Hicks before a House committee today provide such a riveting and enlightening picture of the events of Sept. 11, 2012? Hicks was the State Department’s deputy chief of mission in Libya that night. He would become the chief before the night was over, as U.S. Ambassador J. Christopher Stevens, as well as three other U.S. personnel, perished in the attacks.

As House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.) noted in the hearing, the public hadn’t heard direct testimony from “a single person who was in Libya that night.” He instructed Hicks to give a rundown of what happened the night of Benghazi, and to take his time.

Hicks complied, to towering effect.

His narrative toggled between events in Benghazi, where the attacks began around 9:30 p.m. local time, and events in Tripoli, where Hicks was based: “As I remember September 11, 2012—it was a routine day at our embassy.” Routine, that is, until word came of the upheaval at the U.S. Embassy in Cairo, at which point Hicks notified Stevens, in Benghazi, about the disturbing news.

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