‘Shaddup,’ the Government Said

‘Shaddup,’ the Government SaidClarice Feldman – If you’ve ever wondered why you can’t find common factual ground with liberal friends, the reason may be that not only have private outfits worked successfully to censor news, but that government agencies as well, from the CDC to the CIA, have successfully censored it by proxy.

It’s not just the major media that have been corrupted by the government (acting as megaphones for government agencies and so fearful of offending their sources that they help them cover up wrongdoing), but the new media, which we had supposed would allow alternative sources of information to become more widely available, is severely compromised.

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Jonathan Turley Discusses Spygate and Sally Yates… [Video]

Sundance – George Washington University Professor Jonathan Turley discusses the ramifications of the Obama administration conducting surveillance on the Trump campaign vis-a-vis ‘Spygate’, and the self-interested comments from former Acting Attorney General Sally Yates who participated in authorizing the DOJ national security division aspect to that surveillance.

https://youtu.be/QFKYGdSeWpk

Sally Yates signed the sketchy FISA Title-1 application against U.S. person Carter Page, a former low-level, unpaid, Trump campaign aide/policy adviser.  Recent congressional investigations have revealed that much of the FISC application was based on intentionally constructed false human intelligence, and fraudulent representations to the FISA Court. Continue reading

Jonathan Turley ~ The Rise Of The Fourth Branch Of Government

Jonathan Turley May 26 2013

CongressBelow is [May 26th’s] column in the Washington Post’s Outlook Section on the dangers of America’s growing administrative state. Ask any elementary student and you will hear how the Framers carefully designed a tripartite, or three-branch, system to govern the United States. This separation of powers was meant to protect citizens from tyranny by making every branch dependent on each other to carry out the functions of government. These three branches held together through a type of outward pressure – each holding the other in place through their countervailing forces. Add a fourth branch and the structure begins to collapse. That is precisely what is happening as federal agencies grow beyond the traditional controls and oversight of the legislative and executive branches. The question is how a tripartite system can function as a quadripartite system. The answer, as demonstrated by the last two decades, is not well. The shift from a tripartite to a quadripartite system is not the result of simply the growth in the size of the government. Rather, it is a concern with the degree of independence and autonomy in the fourth branch that led me to write this column.

There were times this past week when it seemed like the 19th-century Know-Nothing Party had returned to Washington. President Obama insisted he knew nothing about major decisions in the State Department, or the Justice Department, or the Internal Revenue Service. The heads of those agencies, in turn, insisted they knew nothing about major decisions by their subordinates. It was as if the government functioned by some hidden hand.

Clearly, there was a degree of willful blindness in these claims. However, the suggestion that someone, even the president, is in control of today’s government may be an illusion.

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Jonathan Turley ~ Obama Recess Appointments Found Unconstitutional By Second Appellate Court

Jonathan Turley’s blog  May 20 2013

President_Barack_ObamaI have previously testified and written about President Barack Obama’s use of recess appointments, which I viewed as flagrantly unconstitutional. Recently, the D.C. Circuit agreed with that view and found that the Obama Administration had violated the recess appointment powers. Now a second appellate court has joined that view, the United States Court of Appeals for the Third Circuit. I have two law review articles coming out on these appointments and more broadly the abuse of recess appointment powers in modern presidencies. See Jonathan Turley, Recess Appointments in the Age of Regulation, 93 Boston University Law Review ___ (2013) and Jonathan Turley, Constitutional Adverse Possession: Recess Appointments and the Role of Historical Practice in Constitutional Interpretation, 2103 Wisconsin Law Review ___ (2013)

A year ago, I testified in Congress that the recess appointments of President Barack Obama were unconstitutional. Those four appointments by President Obama included Richard Cordray, who had been denied confirmation to a consumer protection board in a Republican filibuster. While I liked Cordray, I testified that the appointments were in my opinion clearly unconstitutional. The D.C. Circuit has now agreed with that view and the panel unanimously ruled that Obama violated the Constitution with his circumvention of Congress.

In my prior testimony, I discussed how Obama — and by extension the Office of Legal Counsel — violated both the text and the purpose of the recess appointments clause. It was an interesting hearing with other experts testifying that the appointments were constitutional — supported by the January 6, 2012 opinion of Assistant Attorney General Virginia Seitz and the Office of Legal Counsel (OLC). I was very critical of that opinion.

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