The Ron Paul Institute for Peace and Prosperity
Subscribe to the Institute View Us on YouTube Follow Us On Twitter Join Us on Facebook Join Us at Google Plus

Search Results

for:

Jonathan Turley

No “Glitch”: State Department Admits That Press Briefing Was Intentionally Edited To Remove Passage . . . But Insisted It Cannot Find Official Responsible

undefined

You may recall the controversy of a press conference at the State Department was later edited to remove an embarrassing question and answer regarding the Iran negotiations. When the exchange with Fox New Reporter James Rosen was found missing, Elizabeth Trudeau, director of the press office insisted that “Genuinely, we think it was a glitch.” Now, the State Department is admitting that it was not a glitch but an intentional editing of the transcript to remove the exchange. However, State Department spokesman John Kirby insists that they cannot determine who ordered the deletion.

The exchange occurred in 2013 when Rosen got then-spokeswoman Jen Psaki to admit to misleading the press on the Iran nuclear deal. (Psaki is now White House Communications Director). Rosen reminded Psaki that he had asked in February whether there were bilateral talks with Iran on the issue. Then-spokesperson Victoria Nuland denied that such talks were underway by saying “on a government-to-government level, no.” In fact, there were such talks underway. In December, Rosen asked Psaki “Is it the policy of the State Department, where the preservation or the secrecy of secret negotiations is concerned, to lie in order to achieve that goal?” Psaki responded: “James, I think there are times where diplomacy needs privacy in order to progress. This is a good example of that.” That seemed to confirm the obvious that the Administration had lied to the media and the public.
read on...

Clinton Offers New Explanation For Email Scandal

undefined

I was on NPR yesterday on the Diane Rehm Show to discuss the Clinton email scandal. Appearing on the show was Brian Fallon, spokesperson for Hillary Clinton, who offered a new and rather implausible spin on the worsening scandal. Fallon said that Clinton was relying on her knowledge that Colin Powell used a personal email account as the reason that she thought her server was approved.

Here is what Fallon said in response to questions from Rehm:
I think that, as she has sought to explain in the multitude of interviews she’s done in the last few days since the report has come out, there was — and this is backed up in the IG report — one of her predecessors, Secretary Powell, had used personal email exclusively.And so she felt that in setting up her arrangement, that since his was approved, that hers was similar enough that it would be approved, too.
As I noted at the time, this is a new explanation. After the report said uncategorically that Clinton never asked for approval and would never have received approval for her unsecure personal server, she has switched from claiming that her server was “allowed” to she “believed it was allowed.”
read on...

State Department Refutes Key Statements By Clinton On Email Scandal; Finds That She Violated Clear Rules

undefined

While the New York Times has reported that the “State Department’s inspector general sharply criticized Hillary Clinton’s exclusive use of a private email server” and “undermined some of Mrs. Clinton’s previous statements”, the report did far more than criticize and undermine. It directly contradicted Clinton’s assertions on a number of key points. It further indicated not only clear violations of the State Department rules, but rules that were made clear to Clinton and her staff.  (The Washington Post took a more critical view of Clinton’s statements in light of the report).  Moreover, while this report deals with State regulations and rules (as well as the Federal Records Act), it does have bearing on the ongoing criminal investigation to the degree that it shows knowledge or reckless disregard of the security protocols and rules. It does show precisely that.

The report clearly establishes a number of damaging facts. First, the State Department made clear that a personal server was not allowed and would present serious security risks for the country. Second, Clinton never asked or received permission for such a server. Third, the State Department would
never have approved such a server. Fourth, Clinton’s objections to using the secure State Department system was not convenience (as she previously stated) but access to her personal emails. Fifth, her actions failed to comply with the Federal Records Act. Sixth, Clinton suspected that she was being hacked but continued to use her personal server exclusively. Finally, the report indicates that Clinton did not fully cooperate with the subsequent inquiries and investigation.
read on...

Texas Teachers and Police Launch Absurd Investigation After Eighth Grader Attempted To Pay for Lunch With $2 Bill

undefined

We have been discussing the over-reaction officials in past cases where police have been called to address pranks or controversies once handled internally in schools. A news story out of Houston only servers to capture this absurdity. It began when Danesiah Neal, an eighth grader at Fort Bend Independent School District’s Christa McAuliffe Middle School, attempted to pay for lunch with a $2 bill given to her by her grandmother, Sharon Kay Joseph. The lunch personnel had never seen a $2 bill and what happened after that is truly absurd with school officials joining police in almost comical overreactions.
read on...

‘This Is A Game’: The Clintons Continue To Mock Email Investigation

undefined

I have previously written about the peculiar position of being counsel for Hillary Clinton when your client, her advisers, and allies mock the massive federal investigation that continues into her reckless use of an unsecured personal server for her official communications as Secretary of State. As counsel you usually strive to show investigators that your client understands the gravity of such violations and accepts responsibility for serious mistakes of judgment or action on her part. The Clintons however have been yielding to a political rather than a legal narrative in mocking the investigation — something that truly must mystify those FBI agents working the case. In the latest such example, former president Bill Clinton used a speech in Kokomo, Indiana to dismiss the FBI investigation is nothing more than “a game.”
read on...

Clinton Declares That She Will Never Be Indicted And Insists That Her 'Predecessors Did The Same Thing' On Emails

undefined

I watched last night’s debate with great interest. I thought both Sanders and Clinton had some very strong moments. However, I tend to watch these debates for the legal issues and I was most struck by former Secretary of State Hillary Clinton’s discussion of the email scandal. First, she declared that she will never be indicted — a statement that may irritate federal investigations looking into possible crimes. She certainly has defenses and the odds may indeed favor her. However, defense attorneys usually discourage such statements from potential targets which can enrage prosecutors as presumptuous or suggesting some level of immunity. Second, she insisted that her “predecessors did the same thing” that she did on emails — a statement that is demonstrably untrue but again was left unchallenged by the journalists.

The Indictment Question

We previously discussed the controversy of the White House stating that the investigation was not moving toward any criminal charges — a statement would indicate either a sweeping assumption or an improper degree of consultation between the White House and the Justice Department on an ongoing investigation. As discussed below, having a personal server is not a crime. Mishandling classified material (or related classification violations) or evading federal laws can be. It would be premature to dismiss or predict an indictment. While the odds may be in her favor, it would be obviously absurd to say that no indictment is possible. It depends on the evidence, which remains largely unknown.

There is of course no way for Clinton to know about what will happen with the indictment. Given that she is running on the theme of “no one too big to jail,” the dismissing of the notion of an indictment is a tad incongruous. She certainly has support for saying that recent cases have resulted in relatively light punishment.
read on...

Federal Magistrate Orders Apple To Help FBI Hack Its Own Phones . . . Apple Refuses

undefined

Apple has decided to fight an unprecedented and highly controversial order by US Magistrate Judge Sheri Pym that the company has to assist the government in breaking into one of its encrypted phones. Apple says that it does not have the technology and does not want to be part of such an effort to create a privacy stripping tool for the FBI. Pym seems to believe that she can order companies to become unwilling participants in surveillance research and development. I fail to see her legal basis for such an extraordinary order against a private company.

CEO Tim Cook said the order by US Magistrate Judge Sheri Pym “has implications far beyond the legal case at hand”. He said that the company cooperated with the FBI “But now the US government has asked us for something we simply do not have, and something we consider too dangerous to create. They have asked us to build a backdoor to the iPhone.”

Pym has gone far beyond what I consider the scope of her authority. Indeed, her actions appear almost legislative in nature. Congress has not ordered such back door access to be supplied by companies and such a move would raise difficult privacy questions. It would also conflict with some other countries that have balked at the effort of the Obama Administration to strip phones of privacy encryption protections.
read on...

State Department: 22 Emails Will Not Be Released As “Top Secret”

undefined

The email scandal deepened for former Secretary of State Hillary Clinton on Friday with the announcement that the State Department will not release 22 emails because they contain “top secret” information, the highest level of government classification. The latest batch of emails contains seven email chain with top secret information.  While Clinton once insisted that she never sent or received classified information, it is now official that many of the emails did indeed contain classified information. Clinton later argued that she did not send or receive information “marked” as classified. 

While many of us in the field noted that such markings are not the only issue for those who handle classified information, the classification level given so many emails will likely increase the criticism of Clinton’s decision to use exclusively her own, unsecure email system over the protected system in place at State. She has insisted that this was done for “convenience” and recently rejected the suggestion that the use of the system showed “an error in judgment.” In the very least, the decision to use a private email system was a horrendously bad decision for a Secretary of State when a secure system was available. It is hardly a compelling argument to advance that you took this reckless step for “convenience.”

Additional emails between President Obama and Clinton were withheld to protect presidential communications, though the use of a private server made such communications vulnerable to foreign interception.  Notably, the State Department said today that it has not been established that none of the email information was marked classified.
read on...

Obama Administration Fights To Withhold Over 2,000 Photos Of Alleged US Torture and Abuse

undefined

President Obama once pledged that his government would be the most transparent in history — a claim that is often mocked by civil libertarians and other critics who accuse him of almost Nixonian secrecy policies and inclinations. That troubling record is playing out again before U.S District Court Judge Alvin K. Hellerstein of the United States District Court for the Southern District of New York. The Administration continues to fight to withhold over 2,000 images of torture and abuse of detainees in Iraq and Afghanistan simply because it would make the United States look bad. Ironically, there is a transparent element to this case. 

Few Administrations have been so transparently obvious in their use of classification rule to simply bar the disclosure of information that would be embarrassing to officials or the government. Usually, the Justice Department attempts to spin a tale of some other national security rationale for non-disclosure. Here, however, there is nothing even plausible to come up with. The Obama Administration simply wants to deep six the photos because people would be really angry if they saw what the government did, including photos that are believed to be far worse than those Abu Ghraib (like the one above).

Hellerstein gave the Justice Department until December 12th to come a rational explanation why each individual photograph has been withheld from the public. In 2009, Obama insisted that disclosing the photos would “further inflame anti-American opinion.” However, that rationale could be used for wholesale cover ups and information controls by the government.
read on...

Massachusetts Cheerleader Tweets Criticism Of Illegal Immigration, School Bans Her From Team

undefined

We have been discussing the rapid erosion of free speech on our campuses. That trend started a long time ago in our high schools where officials have steadily attacked the exercise of free speech by teenagers. Few however have reached the level of censorship and content-based punishment as Revere High School in Massachusetts.Cheerleader Caley Godino has been banned from her team because she tweeted political comments that her teachers did not like about illegal immigration.

The day after the municipal elections Godino was on a field trip outside of the school when her Civics teacher sent out a tweet about low voter turnout in the elections that noted that only ten percent of the population voted. Godson dashed off a response saying “10 percent of Revere voted because the others are not legal.”

The school Administration promptly put her on probation. Superintendent Dianne Kelly insisted that she is supportive of free speech but only up to a point: “If you’re going to stand up and say something that other people will find offensive or hateful, then you need to be prepared to deal with the ramifications of that.” Well, yes, but the “ramifications” are usually more speech — part of a healthy dialogue in a free society. Godino received an overwhelming response from critics. However, Kelly and her staff wanted to silence her voice and punish her exercise of free speech. This seems quite afield from the standard under Tinker v. Des Moines Indep. Comm. Sch. Distr. (1969) of punishing those acts that “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.”
read on...


Authors

Tags