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FOCUS: CPB Demands ID to Get Off Domestic Flight, Not Legal Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=36478"><span class="small">John Kiriakou, Reader Supported News</span></a>   
Monday, 27 February 2017 11:37

Kiriakou writes: "Passengers on a Delta Airlines flight from San Francisco to New York last week were compelled by Customs and Border Protection (CBP) agents to show their identification to disembark from the plane. As a matter of law, CBP agents do not have domestic law enforcement authority."

Passengers from SFO to JFK were told they couldn't disembark without showing CBP their 'documents.' (photo: Ann Garrett/Twitter)
Passengers from SFO to JFK were told they couldn't disembark without showing CBP their 'documents.' (photo: Ann Garrett/Twitter)


CPB Demands ID to Get Off Domestic Flight, Not Legal

By John Kiriakou, Reader Supported News

27 February 17

 

assengers on a Delta Airlines flight from San Francisco to New York last week were compelled by Customs and Border Protection (CBP) agents to show their identification to disembark from the plane. As a matter of law, CBP agents do not have domestic law enforcement authority. They may not order any US citizen to prove citizenship or even show identification in the course of domestic travel. But that’s exactly what they did.

One passenger tweeted, “We were told we couldn’t disembark without showing our ‘documents.’” A Delta flight attendant announced to passengers, “You’ll need to show your papers to agents waiting outside the door.”

After a Rolling Stone reporter pointed out that the agency did not have domestic law enforcement authority, a CBP spokesman said that the action was “nothing new” and that there was “no new policy.” When the reporter persisted, the spokesman read CBP’s authorities from the US Code, saying, “All persons, baggage, and merchandise arriving in the Customs territory of the United States from places outside thereof are liable to inspection by a CBP officer … CBP has the authority to collect passenger name record information on all travelers entering or leaving the United States.”

Apparently oblivious to the fact that this was a domestic flight and was outside of CBP’s statutory purview, the spokesman said, “That’s all that I have at this time,” and ended the conversation.

Once the story hit the press, another CBP spokesman told Rolling Stone that the identification check was nothing more than “consensual assistance from passengers aboard the flight” and that “CBP did not compel” anybody to show ID.

Whether that’s true or not, there’s a bigger issue here. Most Americans simply don’t know what their rights are, either on domestic flights or at the border.

First, according to the American Civil Liberties Union, you can be stopped at the border and questioned, whether you’re an American citizen or not. You can also be sent to secondary inspection. But if you are an American, you have the right to be represented by counsel prior to any questioning. A CBP officer recently stopped me when I was reentering the country at Dulles Airport in Virginia. I am still on federal probation after blowing the whistle on the CIA’s torture program, and that probation popped up on the CBP officer’s computer. He asked if I was on probation. I said that I was. He then asked me what my crime was. I responded factually that I had violated the Intelligence Identities Protection Act of 1982. “I’m not familiar with that,” he said. “What were the circumstances of your case?” I said that I was represented by counsel and that I never, ever discuss my case with any federal employee. He had to let me in. He couldn’t prevent me from entering my own country, after all. He did let me in, but only after I had sat in the CBP office for two hours.

Second, the ACLU says, you can be searched at the border. The Fourth Amendment notwithstanding, CBP does not need probable cause or reasonable suspicion to search you. Again, though, you can request to speak to your attorney if you’re an American citizen.

Third, CBP can ask to search your laptop, phone, or other electronic device. Last month, Sidd Bikkannavar, a US citizen and NASA engineer, was stopped at Houston Airport on his way back from a vacation in Chile. He was asked for his phone and his PIN number to access it. This was a government-issued phone, by the way. He complied. And, according to the ACLU, he had to. The federal courts have ruled that phone passcodes are protected by the 5th Amendment, but fingerprints are not.

The issue of whether CBP can go further and search your social media or the data on your phone is less settled legally. A federal appellate court ruled in 2013 that if border agents want to conduct a “forensic search” they have to suspect you of criminal wrongdoing. But that hasn’t stopped CBP agents from asking for access.

Finally, what happens if you refuse to turn over your information? If you’re an American citizen, CBP agents can certainly inconvenience you. They can make you sit in a little room, potentially for hours, while they figure out what to do next. But like I said, they can’t stop you from entering your own country.

Worse, though, CBP has the right to keep your phone, laptop, or other devices for as long as it needs, even months, “pending an investigation.” In that case, you’ll likely need an attorney. But a better idea is to either not take devices with you overseas or, if that’s not possible, back everything up, wipe your devices of all data, and take those. Fighting Big Brother is hard work, and it’s going to be a million little battles.


John Kiriakou is a former CIA counterterrorism officer and a former senior investigator with the Senate Foreign Relations Committee. John became the sixth whistleblower indicted by the Obama administration under the Espionage Act - a law designed to punish spies. He served 23 months in prison as a result of his attempts to oppose the Bush administration's torture program.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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The Time for Normalizing, Dissembling, and Explaining Away Donald Trump Has Long Since Passed Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=40776"><span class="small">Dan Rather, Dan Rather's Facebook Page</span></a>   
Monday, 27 February 2017 09:23

Rather writes: "This is an emergency that can no longer be placed solely at the feet of President Trump, or even the Trump Administration. This is a moment of judgement for everyone who willingly remains silent. It is gut check time, for those in a position of power, and for the nation."

Dan Rather. (photo: USA Today)
Dan Rather. (photo: USA Today)


The Time for Normalizing, Dissembling, and Explaining Away Donald Trump Has Long Since Passed

By Dan Rather, Dan Rather's Facebook Page

27 February 17

 

he time for normalizing, dissembling, and explaining away Donald Trump has long since passed. The barring of respected journalistic outlets from the White House briefing is so far beyond the norms and traditions that have governed this republic for generations, that they must be seen as a real and present threat to our democracy. These are the dangers presidents are supposed to protect against, not create.

For all who excused Mr. Trump's rhetoric in the campaign as just talk, the reckoning has come. I hope it isn't true, but I fear Mr. Trump is nearing or perhaps already beyond any hope of redemption. And now the question is will enough pressure be turned to all those who enable his antics with their tacit encouragement. There has been a wall of unbending support from virtually every Republican in Congress, and even some Democrats. Among many people, this will be seen as anything approaching acceptable. And mind you, talk is cheap. No one needs to hear how you don't agree with the President. What are you going to do about it? Do you maintain that an Administration that seeks to subvert the protections of our Constitution is fit to rule unchecked? Or fit to rule at all?

This is an emergency that can no longer be placed solely at the feet of President Trump, or even the Trump Administration. This is a moment of judgement for everyone who willingly remains silent. It is gut check time, for those in a position of power, and for the nation.


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It's Time to Move Forward From the Democratic Party's 2016 Mess Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Monday, 27 February 2017 09:22

Pierce writes: "So, who was this Bakuninte mole-in-waiting, anyway? I'm glad you asked. It was Tom Perez, then the Secretary of Labor under Barack Obama who on Saturday afternoon was elected the next chairman of the Democratic Party despite being a Wall Street toady, a tool of the money power, and a neolib plant-at least in the minds of many of the people who opposed him."

Tom Perez. (photo: Getty Images)
Tom Perez. (photo: Getty Images)


It's Time to Move Forward From the Democratic Party's 2016 Mess

By Charles Pierce, Esquire

27 February 17

 

And time to focus on what matters.

ack last June, when hopes were high and Hillary Rodham Clinton had the presidency in the satchel, she was exploring her options as to a vice presidential candidate, who surely would have become vice president because HRC had the presidency in the satchel. There was one candidate on the list that got corporate America particularly nervous, and several of their intellectual mouthpieces were sent out to tell scary ghost stories about the guy. A dude from the Competitive Enterprise Institute rolled out the ol' roogie-roogie. Per NRO:

"His rewriting of U.S. labor law is probably the most fundamental attack on the free-enterprise system going on at present…If he has his way, we won't just revert to the 1930s. We'll do things that even Franklin Roosevelt couldn't do, like eliminate vast numbers of independent-contractor jobs and unionize those that remain."

And a guy from the Cato Institute held up the disembodied head of Lady Liberty.

"He essentially operationalized Eric Holder's radicalization of the Department of Justice. No civil-rights theory too crazy to pursue, no litigants too awkward to pay off."

Mitch McConnell didn't much like the guy.

"[He is] a committed ideologue who appears willing, quite frankly, to say or do anything to achieve his ideological end."

And what would a good, gory conservative slasher flick be without a contribution from Judicial Watch.

"[He] has shown a glaring inability to tell the truth and dispassionately apply the basic constitutional tenet of 'equal justice under law."

So, who was this Bakuninte mole-in-waiting, anyway? I'm glad you asked. It was Tom Perez, then the Secretary of Labor under Barack Obama who on Saturday afternoon was elected the next chairman of the Democratic Party despite being a Wall Street toady, a tool of the money power, and a neolib plant—at least in the minds of many of the people who opposed him. Sometimes, I imagine that being a Democrat can be very confusing.

"We're ready to hit the ground running," Perez said. "Our party succeeds when our party has a president in all the states and territories. The mission of this committee is to elect people from the school committee to the Senate."

"I think Tom was quite clear," said Congressman Keith Ellison of Minnesota, whom Perez named Deputy Chair of the committee immediately after the vote. "Anybody who supported me in this race, I thank you. But I want you to support Tom Perez. If you care about people who have their loved ones' cemeteries being desecrated, you got to support Tom Perez. This is not a small thing. The very fate of our nation is in the balance right now. I trust Tom Perez. If they trust me, they have to trust Tom Perez. There's a lot of action but it has to be channeled into the Democratic party. "

On the day's second ballot, Perez defeated Ellison, who'd jumped into the race early and had managed the not-inconsiderable parlay of being the favored candidate of both the Bernie Sanders element within the party and of Senate Minority Leader Chuck Schumer. Perez got in late, not announcing his candidacy until December, long after Ellison had declared his. To be honest, this gave Perez's candidacy a slightly piscatorial aroma.

For all his progressive bona fides, which are considerable, Perez was plainly convinced to run by people in the party who were unsure they wanted to be led by a progressive Muslim from Minnesota. (There also was some unpleasant and truthless whispering that Ellison might be an anti-Semite.) These included folks from the vestiges of the HRC campaign as well as, reportedly, a number of people who worked for the previous president. All of which immediately set up within the DNC chairmanship race an extended re-litigation of the Democratic primary fight that was best left forgotten. I didn't think it was possible for me to hate that campaign more than I did when it ended last spring. I was wrong.

The afternoon began with the Sandersite wing in full cry. The DNC defeated a motion to revive an Obama-era ban on corporate and/or lobbyist contributions to the DNC itself. The most plaintive appeal against reviving the band came from a national committeeman from Utah who said, essentially, "Hey, I'm a Democrat from freaking Utah here. Somebody cut me some slack before I have to go sell apples on the sidewalk in Temple Square." (The renewed impact of the money power in politics again, touched off by the Citizens United decision has settled in as a hard and fast fait accompli. As noted Trumpite Bill Belichick has observed, "You play the game by the rules that are, not the ones you wish were there.") The fact that the ban was defeated—and on a very clear voice vote, too—probably was the first indication that there was just enough daylight between Perez and Ellison for the former to win.

After TV favorite Pete Buttigieg dropped out suddenly while giving his nominating speech, Perez missed being elected by one vote on the first ballot. (This left Idaho's Sally Boynton Brown, and her 12 votes, in possession of the keys to the kingdom, and it temporarily made SBB the most powerful Idaho Democrat since Frank Church.) For all his visibility, Mayor Pete had startling little support among the people in the room who actually voted. On the second ballot, Perez picked up 19 votes, while Ellison remained at exactly the same total he'd had on the first.

Perez and Ellison took questions together from the press after the balloting was done and both of them seemed to get along quite splendidly. (They both called for an independent investigation into the ties between the Trump campaign and Russia with equal fervor.) And if the whole exercise this weekend accomplishes nothing else except to lay forever the ghost of the 2016 Democratic primaries and to salt the earth so its poxy memory never rises again, then the DNC Winter Meeting will have done American politics an incalculable good.


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Spurned Reporters Should Dump Trump Briefings, Turn to Investigative Journalism Print
Sunday, 26 February 2017 14:50

Cole writes: "Trump's petty attacks on journalists as enemies of America, as the worst people, and as irrationally denying him the credit for his 4 weeks of economic turnaround, are deeply worrisome to many Americans sensitive to the danger of a spiral down into authoritarian rule."

Donald Trump. (photo: Nigel Parry/CNN)
Donald Trump. (photo: Nigel Parry/CNN)


Spurned Reporters Should Dump Trump Briefings, Turn to Investigative Journalism

By Juan Cole, Informed Comment

DATE

 

onald Trump was unhappy Saturday that the major media had neglected to report a point made by Herman Cain in an interview on Fox. Cain alleged that in Barack Obama’s first month, the Federal budget deficit rose $200 bn., but in Trump’s first month it fell to only $12 bn. Obviously, Obama had nothing to do with the deficit in his first month– that was a result of the 2008 collapse, which had something to do with Republican policies of deregulating the banks and other mortgage lenders and declining to exercise any oversight over sketchy practices. And Trump had nothing to do with the deficit during his first month in office. That was a result of Obama’s 8 years of pulling the economy back out of the toilet to which the Republican Party had consigned it.

Trump’s petty attacks on journalists as enemies of America, as the worst people, and as irrationally denying him the credit for his 4 weeks of economic turnaround, are deeply worrisome to many Americans sensitive to the danger of a spiral down into authoritarian rule. William H. McRaven, the retired four-star admiral and former Navy Seal who led the raid against Usama Bin Laden, called Trump’s remark on the press as an enemy of the people “the greatest threat to democracy” he has ever seen.

Trump’s immature sidelining of reporters on his enemy’s list kept rolling on this weekend. White House spokesman Sean Spicer was set to do an on-camera press briefing on Friday, and then Donald Trump spoke at the conservative gathering CPAC. It is a custom that the spokesman doesn’t do an on-camera event the same day the president gives a substantial address. So Spicer switched to doing what is called a “gaggle,” a smaller briefing in his office attended only be a few reporters in a pool who then would convey his remarks to others.

Spicer pared down the invitee list to the bare bones. He excluded the BBC, CNN, the New York Times, the Guardian, the Los Angeles Times, Buzzfeed, the Daily Mail and Politico, among others. He allowed ABC, Fox News, Breitbart News, Reuters and the Washington Times. Breitbart is not a news outlet, but a propaganda arm of elements of the Ku Klux Klan who wear suits rather than white robes.

The exclusions were so egregious and petty that the Associated Press, USA Today and Time magazine declined to be present. The Washington Post and McClatchy did not know about the disinvitees, and said that if they had been aware of what was going on, they would not have attended, either.

Since Spicer often conveys fake news (the Atlanta Attack) or pro-Trump propaganda at his briefings, it isn’t clear that the excluded media were exactly missing anything.

Then Trump announced that he would be the first president since Tricky Dick Nixon voluntarily to skip the annual dinner of the White House correspondents, where in recent decades the president and the press engaged in some good-natured ribbing. Trump appears to have felt humiliated at one of these events by remarks of then President Barack Obama, pushing back against Trump’s outrageous lies about Obama’s birthplace.

But Spicer’s and Trump’s attempts to exclude so many journalists from a briefing may be all to the good.

Something is broken in American journalism. Maybe it is the “inverted pyramid” whereby US reporters put the “most important thing” first in the article. It has been pointed out that this way of organizing the article gives an unfair advantage to a duplicitous administration, since anything the president says goes first in the article. Bush and his people used this principle to game the press all the time. (When the scandal about US personnel torturing prisoners at Abu Ghraib in Iraq broke on a Thursday evening, Bush quickly came out and condemned the practice. The Friday headlines were “President condemns torture at Abu Ghraib.”)

Or maybe it is access journalism, whereby an administration adopts a few favored writers and feeds them scoops that it suits the administration to go on the front page.

Or maybe it is the news conference. Why privilege an administration’s narrative about itself by doing articles based on nothing more than hot air coming from the general direction of the West Wing?

Most major newspapers in the US, when there were major print newspapers, used to have an investigative journalism team. With the decline of ad revenue and the hard times on which journalism has fallen, investigative journalism has often been abandoned. Administrations and the Washington bureaucracy don’t like a young journalist nosing around. ProPublica, the Bureau of Investigative Journalism, and some other independent organizations (often with limited resources) have been left to try to fill the gap left when big media cut back on investigative reporting.

But we need that back, big time, in this administration. Everywhere you dig in Trump’s cabinet, you find bodies. So instead of sitting in a room being fed falsehoods by Spicer or Trump, best for the journalists to be working contacts in the White House or at NSC or the Pentagon to get the real story. Enough people in Washington are appalled by the Trump-Bannon attempt to fascize America that they seem willing to leak damaging information all on their own. How much better if a trained journalist got those stories through initiative.

So here’s to Trump excluding virtually all the newspapers and cable channels. Let him. Go get the scoops he doesn’t want you to have.

Someone (probably not George Orwell) once said, ““News is something somebody doesn’t want printed; all else is advertising.” Whoever said it, truer words were never spoken.

We need less advertising (or “public relations” in some versions), and a helluva lot more journalism these days.


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Yes, Mass Deportations Are Coming. And We Know Why. Print
Sunday, 26 February 2017 14:47

Wilkinson writes: "There are two main questions about President Donald Trump's recently issued immigration policies. First, is the administration embarking on a campaign of mass deportations of undocumented immigrants? Second, if so, why?"

A woman sitting with an American flag in her lap. (photo: Scott Olson/Getty Images)
A woman sitting with an American flag in her lap. (photo: Scott Olson/Getty Images)


Yes, Mass Deportations Are Coming. And We Know Why.

By Francis Wilkinson, Bloomberg

26 February 17

 

here are two main questions about President Donald Trump's recently issued immigration policies. First, is the administration embarking on a campaign of mass deportations of undocumented immigrants? Second, if so, why?

Trump's executive orders on border security and immigration require aggressive deportations, which are facilitated by loosening definitions of criminal behavior and making it easier to affix the "criminal" label to almost any undocumented immigrant.

Undocumented immigration is a risky business. From illegal border crossings to making fraudulent representations -- using a phony Social Security number, for example -- many undocumented immigrants improvise to survive. Somewhere along the line, most break a law -- even if it's by driving with a broken tail light. Under Trump's new orders, any such offense is grounds for deportation.    

On Feb. 20, Department of Homeland Security Secretary John Kelly issued two implementation memos that lay out clear directions and protocols for mass deportations.

"We are charged with faithfully executing the laws of the United States and we will not exempt classes or categories of removable aliens from potential enforcement," he wrote. Indeed the only class of undocumented immigrants that is clearly exempt -- for now -- is the Dreamers, the fewer than 800,000 immigrants who came to the U.S. as children and registered with the federal government under President Barack Obama.

While Trump decides the fate of Dreamers, immigration agents have been explicitly authorized to pursue other undocumented immigrants wherever they live, work, travel or assemble.

"Department personnel may initiate enforcement actions against removable aliens encountered during the performance of their official duties," Kelly wrote. If no evidence of even a minor crime exists, ICE agents may use their own judgment in determining whether an immigrant is a threat to public safety and thus subject to removal. In addition, DHS intends to enlist local law enforcement to help with deportations.

The effects of these changes on enforcement promise to be stark. Indeed, White House press secretary Sean Spicer said Tuesday that the new policies would “take the shackles off” Immigration and Customs Enforcement and Border Patrol employees.

So we have a new policy that promises to identify millions of undocumented immigrants as criminals. We have memos from the head of DHS authorizing agents to remove all such criminals. We have new policies to make enforcement actions more aggressive and removals speedier. Finally, we have a direction from Kelly "to expeditiously hire 10,000 agents and officers, as well as additional operational and mission support and legal staff necessary to hire and support their activities."

Roughly 5,800 ICE employees are Enforcement and Removal Officers. Kelly's surge would take that number to almost 16,000, with still more staff to support their removal efforts.

There isn't much doubt about what this adds up to. Trump has laid the legal basis for mass deportations, and Kelly has organized his department to conduct them. In addition, he seeks a drastically larger deportation force, the purpose of which can only be more deportations.

Speaker of the House Paul Ryan told a town hall in January that "if you're worried about, you know, some deportation force coming, knocking on your door this year, don't worry about that."

Not everyone in the audience was reassured. Because Trump had explicitly promised to deliver pain to undocumented immigrants, Ryan was pressed on the issue again. "Everybody thinks that there's some deportation force that's being assembled," Ryan responded. "That's not happening."

Implicit in Ryan's denial was the notion that a deportation force was too pointless, too arbitrary, too ugly, too thuggish for any responsible American leader to undertake. That was Jan. 12. Yet here we are.

Congress has not yet funded additional ICE agents. But even without a bigger force, deportations are poised to proceed at a rapid pace, and the targets will be arbitrary. The fear and uncertainty that arbitrary detention and deportation breeds will likely add high numbers of "self-deportations" to the growing numbers of forced deportations.

Most undocumented immigrants have lived in the U.S. for more than a decade. Several million have U.S.-born children. Others have American spouses. According to the Migration Policy Institute, about 87 percent of the undocumented population were not priorities for deportation under the Barack Obama administration's 2014 guidelines.

There are fewer undocumented immigrants in the U.S. today than when Obama was elected president in 2008. Mexico, historically the largest source of undocumented immigrants, is growing older and wealthier, sending fewer people abroad in search of work. The flow of illegal immigration has slowed significantly. As my colleague Noah Smith wrote, if there ever was an immigration crisis in the U.S., it is over.  

There are legitimate questions about immigrants using illegal crossings or visa overstays to gain relative advantage over others who wait in a backlogged system. Likewise, blocking illegal immigration altogether is an impossible but understandable goal. But what is achieved by deporting millions of settled immigrants already on the inside, most of whom are integrated into families, communities and economies? (Relationships aside, the disruption to labor and housing markets is significant.) What public goal does mass deportation achieve?

During his presidential campaign, Trump said that the number of undocumented immigrants in the U.S. is far larger than the 11 million or so cited by the U.S. government and by experts at both liberal and conservative immigration groups. "I am now hearing it's 30 million, it could be 34 million, which is a much bigger problem," he said.

He repeatedly highlighted violent crime committed by immigrants, and even opened his campaign by calling Mexicans "rapists."

Trump's falsehoods and exaggerations always have a point, even if it's only self-aggrandizement or petty score settling. He hypes the numbers and dangers associated with immigrants because he wants Americans to fear the immigrants who live here, just as he wants Americans to fear the Muslim refugees seeking safety here. Meanwhile, Trump's purported reverence for "law and order" is laughably situational.

Demagogy is always frightening. But like its local variant, bullying, it's also boring and predictable. Trump sows fear and division routinely, because he benefits from directing his supporters' attention toward enemies.

He may benefit from scapegoating immigrants, but the U.S. will not. Businesses will suffer. Wealth will be lost. The character of the nation will be challenged, and likely sullied.

It's important to keep in mind, as the deportations ramp up in the months ahead, the families and lives that will be destroyed. It's equally important to remember why: not for national security, not in pursuit of law and order, not because the American public demands it, but simply because an insecure president is desperate to appear "strong," and undocumented immigrants are easily bullied.


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