Showing posts with label U.S.Constitution. Show all posts
Showing posts with label U.S.Constitution. Show all posts

Saturday, March 29, 2014

California Senate suspends 3 Democratic lawmakers


 



SACRAMENTO, Calif. (AP) — The California Senate voted Friday to suspend three lawmakers caught up in separate criminal cases after the latest one to be hauled into court refused to step down, the most serious house-cleaning action the chamber has taken in more than a century.

Friday's 28-1 vote in the 40-member chamber came amid one of the most severe ethical crises in modern times for the Legislature in the nation's most populous state. Later in the day, Gov. Jerry Brown also called on the three lawmakers to resign.

The Senate leadership said that before Friday, the chamber had never suspended a lawmaker in the institution's 164-year history, but it has taken the more serious step of expelling lawmakers, the last time in 1905. The Assembly speaker's office said that chamber has never suspended or expelled a lawmaker.

The resolution prevents Democratic Sens. Ron Calderon and Leland Yee, who face federal corruption charges, and Democratic Sen. Rod Wright, who is awaiting sentencing in a voter fraud case, from exercising any power of their office until the criminal cases against them have been resolved. Even so, they will continue receiving their $95,291 annual salaries.

Senate President Pro Tem Darrell Steinberg of Sacramento acknowledged the public criticism of the chamber, but he defended his leadership and the integrity of the 37 senators who have not run afoul of the law. Nevertheless, he said he has been shocked by having 7 percent of the chamber face felony charges this year, which will be his last as leader.

"One is an anomaly, two is a coincidence. Three? That's not what this Senate is about," Steinberg said to lawmakers before the vote.

 Yee, who had championed gun-control legislation and bills targeting violent video games sold to minors, is the latest of the three senators to be charged. The San Francisco Democrat was charged in a federal criminal complaint this week with accepting bribes and coordinating an international gun-running operation.

Yee's attorney, Paul F. DeMeester, issued a statement immediately after the Senate vote saying suspension was "the right step for now" because it acknowledges the presumption of innocence. Representatives for Calderon and Wright said they would have no comment on the suspension vote.

Later Friday, in a statement issued by the Democratic governor's office, Brown weighed in for the first time since Yee's arrest.

"Given the extraordinary circumstances of these cases — and today's unprecedented suspensions — the best way to restore public confidence is for these Senators to resign," Brown said.

Steinberg noted that the Senate already has "intensive" ethics training for its lawmakers and staff.

 "But there are some things, members, that you just can't teach," he said. "I know of no ethics class that teaches about the illegality or the danger of gun-running or other such sordid activities."

Steinberg also announced an unprecedented step of cancelling a Senate floor session in April for a mandatory ethics review, saying it is time for the Senate to "take a deeper look at our culture."

Senate officials will go office-by-office to emphasize ethical conduct and to ask staffers to come forward if they are aware of any unethical or potentially criminal activity by lawmakers or Senate staffers.

The lone lawmaker to vote against the resolution, SR38, was Republican Sen. Joel Anderson of Alpine. One senator was present but did not vote, and nine were absent, including all three senators who were suspended. One seat is vacant.

Anderson argued that all three should be expelled outright and said it was wrong that they should continue receiving their salaries when facing such serious charges.

"If you reward bad behavior, you will get more of it," Anderson said.

Calderon and Wright previously took leaves of absence, which also let them keep their pay. The California Constitution says lawmakers can lose their pay only if they are expelled or resign.

The suspensions drop Senate Democrats below the two-thirds majority they won in the last election, a supermajority that allowed them to act in all matters without needing support from Republicans.

The vote comes just days after federal authorities arrested Yee as part of a broader corruption probe centered on San Francisco's Chinatown district.

Senate Minority Leader Bob Huff, R-Diamond Bar, said he supports a proposed constitutional amendment, introduced by Steinberg on Friday, which would allow the Legislature to withhold members' pay if they are suspended.

Yee was arrested and released on bond Wednesday following a series of raids in Sacramento and the San Francisco Bay Area. He is accused of accepting more than $42,000 to provide introductions, influence legislation and for introducing an undercover FBI agent to an arms trafficker, according to an FBI affidavit that says Yee was also known as "Uncle Leland."

Investigators said Yee discussed helping the agent get weapons, including shoulder-fired missiles, from a Muslim separatist group in the Philippines to help pay off campaign debts.

Wright was convicted of voter fraud and perjury and faces sentencing in May. Calderon faces federal charges for allegedly accepting $100,000 in bribes for friends and family in exchange for pushing certain bills.

Democratic Sen. Kevin de Leon of Los Angeles, who is expected to succeed Steinberg as Senate leader later this year, defended the chamber's reputation and noted that none of the bills Calderon pushed as a favor to those who were giving him cash passed the Senate.

That shows that the legislative system actually worked, he said.

 "This is the best legislative institution in the country, hands down," de Leon said. "And we're going to get past it."

The only similar situation faced by the Legislature in recent memory is the so-called "Shrimpscam" investigation in 1985, in which federal agents went undercover and posed as representatives of a phony shrimp-processing company. Five lawmakers resigned and went to prison for taking bribes in the FBI sting operation.

The Senate last expelled lawmakers in 1905, when four senators were ousted for malfeasance involving bribery. Only one other senator has been expelled. In 1850 during the first legislative session after California gained statehood, a senator violated Senate rules by failing to show up for sessions for more than 10 days, according to Steinberg's office.

The 80-member Assembly has never expelled a member and considered doing so only once, officials said. That was in 1899, when an expulsion vote failed against Howard E. Wright, who represented Alameda County. Wright had been indicted on bribery charges but was not convicted.
 ___
Associated Press writer Tom Verdin contributed to this report.

California state senator arrested in FBI sweep





SAN FRANCISCO/SACRAMENTO (Reuters) - A prominent California lawmaker was arrested on Wednesday in an FBI sweep that netted 26 people, a high-profile case that could affect statewide elections and brings to three the number of Democratic state senators who face criminal charges this year.

Senator Leland Yee, a former San Francisco supervisor and one-time mayoral candidate, was criminally charged in federal court in San Francisco with two felony counts of conspiring to import and traffic in firearms, and six corruption counts.

Yee was released on $500,000 bond and declined to comment on the case.

A criminal complaint posted online by the U.S. Attorney office for the Northern District of California alleges that Yee did favors for an undercover FBI agent in exchange for campaign contributions. The complaint alleges that Yee also offered to facilitate a meeting between the undercover agent and an arms dealer, and discussed the types of weapons that the undercover agent might need.

Yee's arrest deals a body blow to California Democrats, whose two-thirds majority in the state Senate was eroded when Senator Ron Calderon, indicted on corruption charges, and State Senator Rod Wright, found guilty of voter fraud, took paid leaves of absence earlier this year.

Democrats control large majorities in both houses of the state legislature and all statewide offices, but having a third senator under a cloud could seriously undermine the party's ability to push key projects in an election year.

"If I were advising the Democrats at this time I would say, 'Pull back everything big until you get the supermajority back,'" said Sherry Bebitch Jeffe, a political analyst at the University of Southern California. "I wouldn't get into immigration, I would not get into water or anything they would need to negotiate with the Republicans."

Republican lawmakers, who hardly have had any say in state government since the Democrats won a so-called super-majority with two-thirds of the seats in the legislature, had harsh words not only for Yee but for the Democratic leadership that has refused to oust Wright and Calderon, putting them instead on paid leaves of absence.

"It's a shame that some people misuse the privilege to serve the people that has been entrusted to them," said state senator Andy Vidak, who has led the Republican charge to oust Wright and Calderon.

Democratic senators, for their part, called on Yee to resign. "I want Leland Yee gone," Democratic leader Darrell Steinberg was quoted as saying in several media outlets, including the San Francisco Chronicle.

MORE ARRESTS
Federal authorities also arrested Raymond "Shrimp Boy" Chow, alleged to be the head of a Chinese organized crime syndicate, and two dozen other people, Melinda Haag, the U.S. Attorney for the Northern District of California, said in statement late Wednesday.

A political consultant who worked with Yee, Keith Jackson, was also arrested and faces numerous charges including firearms trafficking, involvement in a murder-for-hire case and corruption, according to the complaint and press release.

Yee, a San Francisco Democrat, is running for Secretary of State and had been considered a strong candidate in a big field of both Democrats and Republicans. It is not yet clear how his arrest will affect that race.

In their complaint, prosecutors allege that Yee, trying to raise money to retire debt from his failed 2011 mayoral campaign, did favors for an undercover FBI agent who said he needed a phone call made to the California Department of Public Health in order to be favorably considered for a contract.

The complaint also alleged that after an undercover agent told Jackson that he needed to purchase a large number of weapons, Jackson said Yee could facilitate a meeting with an arms dealer in exchange for a contribution.

"During a meeting with the undercover agent, Yee and Jackson allegedly discussed details of the specific types of weapons the undercover agent was interested in buying and importing," the U.S. Attorney's office said.

Throughout the early part of the day, the hallway outside of Yee's office at the state capitol in Sacramento was crowded with reporters and other onlookers hoping for a glimpse of FBI agents working behind a closed door. Agents began searching Yee's office early Wednesday morning, the FBI said.

Yee, a child psychologist with a PhD., emigrated to San Francisco from China at the age of 3.

(Reporting by Dan Levine in San Francisco and Sharon Bernstein in Sacramento; Editing by Alex Dobuzinskis and Ken Wills)

Excerpts from FBI California corruption case docs




SAN FRANCISCO (AP) — The FBI on Wednesday filed a 137-page affidavit outlining a detailed corruption case against a California state senator who is accused of asking for campaign donations in exchange for introducing an undercover agent to an arms trafficker. The affidavit names Sen. Leland Yee and 25 others, including Raymond Chow, a onetime gang leader with ties to San Francisco's Chinatown known as "Shrimp Boy," and Keith Jackson, Yee's campaign aide. Jackson is accused of multiple counts of fraud and conspiracy to commit fraud.

Excerpts:

--Pg. 24: In connection with efforts to retire the mayoral campaign debt, Senator Yee and Keith Jackson agreed that Senator Yee would make a telephone call to a manager with the California Department of Public Health in support of a contract under consideration with (the undercover agent's) purported client, and would provide an official letter of support for the client, in exchange for a $10,000 campaign donation. Senator Yee made the call on Oct. 18, 2012 and provided the letter on or about Jan. 13, 2013.

--Pg. 94-95: Yee said, "People want to get whatever they want to get. Do I care? No, I don't care. People need certain things."

Yee told the undercover agent that he believed the more people involved in the weapons deal, the greater the chances he would be implicated.

The agent told Yee he had just as much to lose if he was caught. The agent told Yee he had a great life and would not do anything to jeopardize his lifestyle.

Yee said he was unhappy with his life and said, "There's a part of me that wants to be like you. You know how I'm going to be like you? Just be a free agent there."

Yee told the agent that he wanted to hide out in the Philippines. Jackson reiterated the importance of having the agent meet with the arms dealer. Yee said he would arrange for the agent to meet with the arms dealer.

--Pg. 97: At a restaurant Yee told the undercover agent that he appreciated his support and said, "I can be of help to you for eight years. I think eight years is a lot better than 10 months." Yee said that if he lost in his bid for secretary of state he wanted to move into the private sector and exploit all of the relationships he had in Asia for various kinds of activities.

--Pg. 98-99: (The undercover agent) asked about the availability of shoulder fired missiles or rockets. Senator Yee responded "I told him about rocket launchers and things like that." Senator Yee asked (the agent) to provide an inventory list of desired weapons and he would see what they can do.

--Pg. 101: On March 11, 2014 the agent met with Yee, Jackson and Lim (the alleged weapons trafficker) at a restaurant and Yee said no weapons deal could take place until after the secretary of state election in November. Yee and Lim also encouraged the agent to deal in smaller amounts of weapons to avoid unwanted attention in the Philippines.

Yee also said he wouldn't go to the Philippines until November. Yee said, "Once things start to move, it's going to attract attention. We just got to be extra-extra careful."

On March 14, 2014, the agent met again with Yee, Jackson and an associate at a restaurant. Yee and Jackson discussed how they would break up the large sum of cash provided by the agent into legitimate campaign donations.

_____
The full affidavit can be read at http://1.usa.gov/OWdbRj

FBI: California state senator took bribes





SAN FRANCISCO (AP) — Court documents say a California state senator or members of his campaign staff accepted at least $42,800 in cash or campaign contributions from undercover FBI agents in exchange for carrying out the agents' specific requests.

The allegations against State Sen. Leland Yee were outlined in an FBI affidavit in support of a criminal complaint unsealed Wednesday. The affidavit accuses Yee and his campaign aide, Keith Jackson, of multiple counts of fraud and conspiracy to commit fraud.

The first alleged installment of $5,000 came in 2011, during Yee's failed San Francisco mayoral bid. Yee is accused of accepting tens of thousands of dollars in campaign contributions and cash payments to provide introductions, help a client get a contract and influence legislation.

The affidavit names him and 25 other people. Yee was arrested Wednesday during raids in Northern California.

Tuesday, March 18, 2014

Sophisticated Surveillance Lets Gov't Watch Every Movement

13 March 2014
 by 
Source: The New American

On March 10, Apple, Inc. released its latest update to its iOS mobile operating system (iOS 7.1). Within hours 6 percent of users had already downloaded the upgrade.
It was a bug discovered in the previous versions, however, that caused some to suspect the NSA had a hand in the hole, however.

A "vulnerability" in iOS 7 potentially left iPhone users' encrypted data accessible to hackers, or to NSA agents, if the opinions of some are to be believed. The story connecting the NSA to the Apple operation system flaw was explained by Jacob Siegal:

John Gruber gathered the evidence over at Daring Fireball and has come to a startling conclusion — the NSA might have something to do with the bug.
According to a tweet from Jeffery Grossman, this vulnerability has been present in the software since iOS 6. Based on the leaked PowerPoint document which exposed PRISM, Apple and its devices were added to the NSA program in October 2012, just one month after the release of iOS 6. Whether or not the NSA planted the exploit itself, Gruber believes there is a chance the government agency was aware of it and took advantage of it to gain access to private information.
“Once the bug was in place, the NSA wouldn’t even have needed to find the bug by manually reading the source code,” wrote Gruber. “All they would need are automated tests using spoofed certificates that they run against each new release of every OS. Apple releases iOS, the NSA’s automated spoofed certificate testing finds the vulnerability, and boom, Apple gets “added” to PRISM.”

While millions of iPhone and iPad owners rejoice over each new iOS update, they pay little if any attention to the shocking level of sophistication of the government’s surveillance of all Americans.

To overcome some of the under-reporting, we present a brief outline of the various surveillance tactics in use by our own government.

First, there is the social media surveillance.

In a report published in August, 2013 by In-Q-Tel (IQT), the technology research and development company founded by the CIA, the government’s use of social media as a tracking device is highlighted:
Governments are increasingly finding that monitoring social media is an essential component in keeping track of erupting political movements, crises, epidemics, and disasters, not to mention global trends.
And then, this, regarding In-Q-Tel’s efforts to infiltrate social media companies (investing money in them, for example) in order to make information gleaned from these accounts more accessible to government:

IQT has made several investments in the social media space, and we will continue to refine our social media investment strategy to focus on providing relevant social media data and technologies to our government customers. We will keep exploring the social media landscape, looking for ways these technologies can be used to effectively address government challenges.

Challenges, one imagines, such as how to keep track of everybody all the time using data the targets themselves willingly provide on Facebook, Twitter, etc.

Have you updated your Facebook or Twitter accounts lately? If so, the government likely knows what you posted, when you posted it, and who read what you wrote.

According to a statement posted on Facebook’s website on June 14 of last year, government agencies — including federal, state, and local authorities — requested user data on between 18,000 and 19,000 account holders.

The remarkable disclosure of government requests for users’ private information follows successful negotiations between Facebook and other tech giants and the federal government.

Last year, Facebook, Google, and other technology companies who were implicated in the revelations of the covert NSA surveillance program known as PRISM petitioned the feds to allow them to disclose their level of participation in surveillance requests received from government entities.

Under PRISM, the NSA and the FBI are “tapping directly into the central servers of nine leading U.S. Internet companies, extracting audio, video, photographs, e-mails, documents and connection logs that enable analysts to track a person’s movements and contacts over time,” as reported by the Washington Post.

One document in the Snowden revelations indicated that PRISM was “the number one source of raw intelligence used for NSA analytic reports.” Snowden claimed that the program was so invasive that the NSA and the FBI “quite literally can watch your ideas form as you type.”

Most of these requests by the government are made under the authority of the Foreign Intelligence Surveillance Act (FISA). Not surprisingly, when the government asks the special surveillance court to approve their snooping, judges give them the go-ahead.

In fact, in April, 2013 the Department of Justice revealed to Congress the number of applications for eavesdropping received and rejected by the FISA court: In 2012, of the 1,789 requests made by the government to monitor the electronic communications of citizens, not a single one was rejected.

Following the negotiations that opened the way for Facebook to report its cooperation with requests to hand over user information, Microsoft made a similar surveillance disclosure. A blog post on the Redmond, Washington-based company’s website declared:

For the six months ended December 31, 2012, Microsoft received between 6,000 and 7,000 criminal and national security warrants, subpoenas and orders affecting between 31,000 and 32,000 consumer accounts from U.S. governmental entities (including local, state and federal).

According to the information Snowden released, both companies that disclosed government surveillance requests — Facebook and Microsoft — were giving the government access to the private information of millions of users.

They were not alone, however. Yahoo, Google, PalTalk, AOL, Skype, YouTube, and Apple all allowed the agents of the federal surveillance state to secretly snoop on their users.

What’s perhaps most disturbing is the information revealed in The New American recently that intelligence agents in Britain developed and shared with their American counterparts a plan “to manipulate and control online discourse with extreme tactics of deception and reputation-destruction.”

In a nutshell, the governments of the United States and Great Britain currently employ teams of agents whose responsibility is to ruin the lives of those individuals who’ve had the misfortune to run afoul of the establishment.

Then, there is the telephone monitoring.

Among the most disturbing disclosures found within the reams of former NSA subcontractor Edward Snowden’s revelations was the surrender by major telecommunications companies of the otherwise private phone records of millions of Americans — none of whom was, as required by the Constitution, suspected of committing any sort of crime.

According to a court order labeled “TOP SECRET,” federal judge Roger Vinson ordered Verizon to turn over the phone records of millions of its U.S. customers to the NSA.

The order, issued in April by the U.S. Foreign Intelligence Surveillance Court and leaked on the Internet by The Guardian, compels Verizon to provide these records on an “ongoing daily basis” and to hand over to the domestic spy agency “an electronic copy” of “all call detail records created by Verizon for communications (i) between the United States and abroad; or (ii) wholly within the United States, including local telephone calls.”

This information includes the phone numbers involved, the electronic identity of the device, the calling card numbers (if any) used in making the calls, and the time and duration of the call.

In other words, millions of innocent Americans have had their call records shared with a federal spy agency in open and hostile defiance of the Fourth Amendment’s guarantee of the right of the people to be free from such unreasonable searches and seizures.

What is reasonable? Legally speaking, “the term reasonable is a generic and relative one and applies to that which is appropriate for a particular situation.”

Even if the reasonableness threshold is crossed, though, there must be a warrant and suspicion of commission of or intent to commit a crime. Neither the NSA nor telecommunication companies have asserted that even one of the millions whose phone records were seized fits that description.
E-mails are being read, too.

On July 31, 2013, Glen Greenwald published another drip in the ocean of Snowden leaks. Under a program known as “XKeyscore,” the NSA monitors and records every e-mail written by every American, again without a warrant and without probable cause, in direct defiance of the Fourth Amendment.

Greenwald, after examining a PowerPoint presentation included in the information he received from Snowden, explained the scope of XKeyscore: “One presentation claims the [XKeyscore] program covers ‘nearly everything a typical user does on the internet,’ including the content of emails, websites visited and searches, as well as their metadata.” “Analysts can also use XKeyscore and other NSA systems to obtain ongoing ‘real-time’ interception of an individual’s internet activity,” he added.

How does it work? Greenwald explained that, too: “An NSA tool called DNI Presenter, used to read the content of stored emails, also enables an analyst using XKeyscore to read the content of Facebook chats or private messages. Analysts can also search by name, telephone number, IP address, keywords, the language in which the internet activity was conducted or the type of browser used.”

Cyberspace isn’t the only area of human life under constant surveillance by the government, however.
Beyond the internet and electronic communications, the federal government’s capacity for keeping an eye on the real world comings and goings of citizens is immensely more jarring and far less publicized.

The U.S. government exercises control over a massive and technologically advanced camera-based surveillance system that has the capacity to keep the urban population of this country under the watchful eye of government 24 hours a day.

TrapWire is the name of this network of cameras and other surveillance tools. Unlike other elements of the central government’s cybersurveillance program, word about TrapWire was not leaked by Obama administration insiders. The details of this nearly unbelievable surveillance scheme were made public by WikiLeaks, the anti-secrecy group founded by Julian Assange.

Exactly what is TrapWire? According to one description of the program, from the online Russia Today:
Former senior intelligence officials have created a detailed surveillance system more accurate than modern facial recognition technology — and have installed it across the US under the radar of most Americans, according to emails hacked by Anonymous.

For a fuller report on TrapWire and similar "real world" surveillance schemes, see this article from The New American.

Link: 
 http://www.thenewamerican.com/usnews/item/17755-sophisticated-surveillance-lets-gov-t-watch-every-movement.


 

Tuesday, May 7, 2013

The Firearms Statistics That Gun Control Advocates Don’t Want to See

12 hrs ago
By Jason Howerton | The Blaze
Source:Yahoo News


Credit: Getty Images
To accompany TheBlaze's coverage of the National Rifle Association's annual meeting in Houston, we figured it could be helpful to share some gun statistics pointed out to us by some of the NRA Convention attendees. Forget the talking points used by both sides in the gun control debate; we're going to be talking about verified statistics.
Gun control advocates be advised, these are not the statistics you are looking for.
According to data from the FBI's uniform crime reports, Californiahad the highest number of gun murders in 2011 with 1,220 -- which makes up 68 percent of all murders in the state that year and equates to 3.25 murders per 100,000 people.

The irony of such a grisly distinction is evident when you look at which state was named the state with the strongest gun control laws in 2011 by the Brady Campaign to Prevent Gun Violence. You guessed it -- it was California.
"What is very unusual is that California also has a program by which we can remove guns, recover guns from people who have a gun and then subsequently become prohibited or dangerous," Brady Campaign spokeswoman Amanda Wilcox said at the time.
It should be noted, though, that California is also one of the biggest states in the country, with a population of about about 37 million. Therefore, it might make sense that it would have a high number of murders but its murder rate is still high as gun control has had a seemingly inconsequential impact. In comparison, Texas has a population of about 25.6 million and saw 699 total gun murders in 2011 -- nearly half that of California -- and a firearms murder rate of 2.91 per 100,000.
In 2011, Utah, the state that the Brady Campaign determined had the least gun control, experienced just 26 gun murders and a firearms murder rate of 0.97. Utah has a population 2.8 million.
But if you look at the data another way -- murders per 100,000 people -- another gun control haven tops the list.
The FBI data also notes that Washington, D.C. had the highest murder rate per 100,000 people. The nation's capital saw 12 gun murders per 100,000 in 2011. DC also finished first in gun-related robberies per 100,000 people - with 242.56.
In 1976, the District of Columbia required all guns be registered, banned new handguns and required guns at home to be stored and dissembled or locked up. Unfortunately, the draconian measures -- which lasted more than three decades -- didn't had the desired effect.
Journalist and attorney Jeffrey Scott Shapiro explains the not-so-surprising result in an op-ed published in the Wall Street Journal on Jan. 15, 2013:
The gun ban had an unintended effect: It emboldened criminals because they knew that law-abiding District residents were unarmed and powerless to defend themselves. Violent crime increased after the law was enacted, with homicides rising to 369 in 1988, from 188 in 1976 when the ban started. By 1993, annual homicides had reached 454.
[...]
Since the gun ban was struck down, murders in the District have steadily gone down, from 186 in 2008 to 88 in 2012, the lowest number since the law was enacted in 1976.
Though it should be noted that the gun murders started decreasing in 1994.
Today, Washington, D.C. still has some of the strictest gun laws in the nation. And yet again, the gun murder rate remains dramatically high, the highest in the United States in fact.
So, do the numbers indicate that gun control is the answer to gun violence? You decide.