Wintery Knight

…integrating Christian faith and knowledge in the public square

IRS fascist Lois Lerner pleads the fifth to avoid transparency and accountability

The UK Daily Mail reports.

Excerpt:

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.

She also will decline to say why she didn’t disclose what she knew to Congress, according to the LA Times.

[...]The IRS applied special criteria to conservative organizations seeking tax-exempt status, putting them on a ‘Be On The Lookout’ (BOLO) list, based on the groups’ names and political philosophies.

[...]Jay Carney, the president’s chief spokesman, confirmed Monday that senior White House staff, including White House Counsel Kathy Ruemmler and Chief of Staff Denis McDonough, knew about the IRS’s habits as early as April 24, and chose not to tell Obama.

The Inspector General report found that Lerner and other IRS were notified in or before June 2011 that some staff in the agency’s Cincinnati, Ohio office were using ‘tea party,’ ‘patriots’ and other key words to add applicants to the BOLO list.

Once on that list, the groups were subjected to additional auditing of their financial practices, their membership and their political activities.

Despite knowing about the program, Lerner and other senior IRS staffers withheld the information from Congress despite receiving several requests from House committees whose members heard from constituents that their tea party groups’ tax-exempt approvals were taking as long as two years to be resolved.

The House Oversight and Government Affairs Committee was among those that specifically asked the IRS whether it was inspecting tea party groups more closely than other applicants, including those on the political left.

Pleading the 5th is standard operating procedure for gangsters and mobsters who have committed crimes but do not want to be held accountable.

The Weekly Standard reports that she has a history of harassing and bullying Christians and conservatives. (H/T Director Blue)

Excerpt:

[P]rior to joining the IRS, Lerner’s tenure as head of the Enforcement Office at the Federal Election Commission (FEC) was marked by what appears to be politically motivated harassment of conservative groups.

Lerner was appointed head of the FEC’s enforcement division in 1986 and stayed in that position until 2001. In the late 1990s, the FEC launched an onerous investigation of the Christian Coalition, ultimately costing the organization hundreds of thousands of dollars and countless hours in lost work. The investigation was notable because the FEC alleged that the Christian Coalition was coordinating issue advocacy expenditures with a number of candidates for office. Aside from lacking proof this was happening, it was an open question whether the FEC had the authority to bring these charges.

James Bopp Jr., who was lead counsel for the Christian Coalition at the time, tells THE WEEKLY STANDARD the Christian Coalition investigation was egregious and uncalled for. “We felt we were being singled out, because when you handle a case with 81 depositions you have a pretty good argument you’re getting special treatment. Eighty-one depositions! Eighty-one! From Ralph Reed’s former part-time secretary to George H.W. Bush. It was mind blowing,” he said.

All told the FEC deposed 48 different people—and that doesn’t begin to account for all the FEC’s requests for information. Bopp further detailed the extent of the inquiry in testimony delivered before the congressional Committee on House Administration in 2003:

The FEC conducted a large amount of paper discovery during the administrative investigation and then served four massive discovery requests during the litigation stage that included 127 document requests, 32 interrogatories, and 1,813 requests for admission. Three of the interrogatories required the Coalition to explain each request for admission that it did not admit in full, for a total of 481 additional written answers that had to be provided. The Coalition was required to produce tens of thousands of pages of documents, many of them containing sensitive and proprietary information about finances and donor information. Each of the 49 state affiliates were asked to provide documents and many states were individually subpoenaed. In all, the Coalition searched both its offices and warehouse, where millions of pages of documents are stored, in order to produce over 100,000 pages of documents.

Furthermore, nearly every aspect of the Coalition’s activities has been examined by FEC attorneys from seeking information regarding its donors to information about its legislative lobbying. The Commission, in its never-ending quest to find the non-existent “smoking gun,” even served subpoenas upon the Coalition’s accountants, its fundraising and direct mail vendors, and The Christian Broadcasting Network.

One of the most shocking things about the current IRS scandal is the revelation that the agency asked one religious pro-life group to detail the content of their prayers and asked clearly inappropriate questions about private religious activity. But under Lerner’s watch, inappropriate religious inquiries were a hallmark of the FEC’s interrogation of the Christian Coalition. According to Bopp’s testimony:

FEC attorneys continued their intrusion into religious activities by prying into what occurs at Coalition staff prayer meetings, and even who attends the prayer meetings held at the Coalition. This line of questioning was pursued several times. Deponents were also asked to explain what the positions of “intercessory prayer” and “prayer warrior” entailed, what churches specific people belonged, and the church and its location at which a deponent met Dr. Reed.

One of the most shocking and startling examples of this irrelevant and intrusive questioning by F EC attorneys into private political associations of citizens occurred during the administrative depositions of three pastors from South Carolina. Each pastor, only one of whom had only the slightest connection with the Coalition, was asked not only about their federal, state and local political activities, including party affiliations, but about political activities that, as one FEC attorney described as “personal,” and outside of the jurisdiction of the FECA [Federal Election Campaign Act]. They were also continually asked about the associations and activities of the members of their congregations, and even other pastors.

Too bad that the federal anti-bullying laws don’t apply to secular leftist fascists in government.

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CBS News reporter Sharyl Atkisson has had her computers broken into

Reported on the leftist Politico web site. (H/T Bad Blue)

Full text:

Sharyl Attkisson, the Emmy-award winning CBS News investigative reporter, says that her personal and work computers have been compromised and are under investigation.

“I can confirm that an intrusion of my computers has been under some investigation on my end for some months but I’m not prepared to make an allegation against a specific entity today as I’ve been patient and methodical about this matter,” Attkisson told POLITICO on Tuesday. “I need to check with my attorney and CBS to get their recommendations on info we make public.”

In an earlier interview with WPHT Philadelphia, Attkisson said that though she did not know the full details of the intrusion, “there could be some relationship between these things and what’s happened to James [Rosen],” the Fox News reporter who became the subject of a Justice Dept. investigation after reporting on CIA intelligence about North Korea in 2009.

On Sunday, The Washington Post reported that the Justice Dept. had searched Rosen’s personal e-mails and tracked his visits to the State Dept. The court affadavit described Rosen as “at the very least, either as an aider, abettor and/or co-conspirator” of his government source, presumably because he had solicited classified information from that source — an argument that has been heavily criticized by other journalists.

Attkisson told WPHT that irregular activity on her computer was first identified in Feb. 2011, when she was reporting on the Fast and Furious gun-walking scandal and on the Obama administration’s green energy spending, which she said “the administration was very sensitive about.” Attkisson has also been a persistent investigator of the events surrounding last year’s attack in Benghazi, and its aftermath.

Normally reliable leftist Juan Williams is now saying that Obama has “CRIMINALIZED JOURNALISM“. (H/T Bad Blue)

Check it out:

STEVE DOOCY: A new twist in the federal government’s probe of American journalists. The Department of Justice wasn’t just targeting the Associated Press. Apparently it also went after Fox News reporter, our very own James Rosen. They tracked Rosen’s comings and goings and secretly obtained copies of his personal e-mail to build a case against one of his sources. Has the Department of Justice finally crossed a line? Joining us now, Fox News contributor Juan Williams. Good morning.

JUAN WILLIAMS: Good morning.

DOOCY: You know, it’s one thing to go after the leaker. It’s another to go after the reporter who gets the leaked information.

WILLIAMS: It really is. I think what you’ve got here is a situation where somehow now journalism has been criminalized, especially in this Rosen case. There is just no justification for somehow making out that the reporter who is trying to cultivate a source by doing so is a coconspirator in terms of a leaks investigation. I have never heard that before, never seen that before. It’s never been done before.

GRETCHEN CARLSON: Well, I have a couple of questions for you, Juan. First of all, the judge had to sign off on this in seeing James Rosen as a criminal. That’s point one. Who’s the judge? Number two is how many other reporters are currently being followed with their comings and goings and their personal e-mail and their phone conversations?

WILLIAMS: Gretchen, I don’t know the answer to the first question about who is the judge. Clearly what the prosecutor and justice department did in signing off on the request for the subpoena was to support the idea that because Rosen had encouraged Stephen Kim, the state department official, to confess or to reveal information about the North Korean nuclear program, he was in a sense a coconspirator, and on that basis then they went after James Rosen’s correspondence, e-mails, his comings and goings. They tracked his badge as he went in and out of the State Department and also phone records, you know, cell phone records and that kind of treatment of a reporter who is certainly doing journalism. I want to emphasize that; that’s the craft we practice. It makes it difficult for journalists to do business. How do you do journalism if you are treated as a criminal for asking for information? 

And more:

DOOCY: The thing about this is the fact that this administration, this president hates leaks, and now, given what’s happening, a lot of people are going to clam up, and they are simply not going to tell the story that needs to get out.

WILLIAMS: That’s the thing. You know, it’s one thing to go after legitimate leaks that endanger national security. It’s another thing to say somebody reporting a story — and I don’t think the story had any grave national security implications — is a criminal. The second thing is to specifically target the reporter and the organization, even though he wasn’t charged with any crime, the idea that he is listed as a co-conspirator is chilling to people who would leak and to reporters who pursue stories in Washington. 

Is this a small scandal? Well, people today are typically more interested in things like TV and movies and music. They’re not paying attention and they just trust Obama to do the right thing, because that’s what they learned in government-run schools: big government good, liberty bad. But for anyone who cares about the Big Picture and the American Experiment, the actions of the Obama administration constitute a serious threat to the core of the Republic.

Filed under: News, , , , , , , , , , , , , , , , ,

Obama administration spied on Fox News reporter’s e-mails and phone calls

Twitchy has everything linked here. And UPDATE: THREE Fox News reporters, including MEGYN KELLY were targeted.

Here’s a quick snapshot of what happened from radically left-wing UK Guardian, of all places: (links removed)

Fox News chief Washington correspondent James Rosen had his emails read by the Obama DOJ, which accused him of being a co-conspirator in a criminal leak case.

It is now well known that the Obama justice department has prosecuted more government leakers under the 1917 Espionage Act than all prior administrations combined - in fact, double the number of all such prior prosecutions. But as last week’s controversy over the DOJ’s pursuit of the phone records of AP reporters illustrated, this obsessive fixation in defense of secrecy also targets, and severely damages, journalists specifically and the newsgathering process in general.

New revelations emerged yesterday in the Washington Post that are perhaps the most extreme yet when it comes to the DOJ’s attacks on press freedoms. It involves the prosecution of State Department adviser Stephen Kim, a naturalized citizen from South Korea who was indicted in 2009 for allegedly telling Fox News’ chief Washington correspondent, James Rosen, that US intelligence believed North Korea would respond to additional UN sanctions with more nuclear tests – something Rosen then reported. Kim did not obtain unauthorized access to classified information, nor steal documents, nor sell secrets, nor pass them to an enemy of the US. Instead, the DOJ alleges that he merely communicated this innocuous information to a journalist – something done every day in Washington – and, for that, this arms expert and long-time government employee faces more than a decade in prison for “espionage”.

The focus of the Post’s report yesterday is that the DOJ’s surveillance of Rosen, the reporter, extended far beyond even what they did to AP reporters. The FBI tracked Rosen’s movements in and out of the State Department, traced the timing of his calls, and – most amazingly – obtained a search warrant to read two days worth of his emails, as well as all of his emails with Kim. In this case, said the Post, “investigators did more than obtain telephone records of a working journalist suspected of receiving the secret material.” It added that “court documents in the Kim case reveal how deeply investigators explored the private communications of a working journalist”.

But what makes this revelation particularly disturbing is that the DOJ, in order to get this search warrant, insisted that not only Kim, but also Rosen – the journalist – committed serious crimes. The DOJ specifically argued that by encouraging his source to disclose classified information – something investigative journalists do every day – Rosen himself broke the law. Describing an affidavit from FBI agent Reginald Reyes filed by the DOJ, the Post reports [emphasis added]:

“Reyes wrote that there was evidence Rosen had broken the law, ‘at the very least, either as an aider, abettor and/or co-conspirator’. That fact distinguishes his case from the probe of the AP, in which the news organization is not the likely target. Using italics for emphasis, Reyes explained how Rosen allegedly used a ‘covert communications plan’ and quoted from an e-mail exchange between Rosen and Kim that seems to describe a secret system for passing along information. . . . However, it remains an open question whether it’s ever illegal, given the First Amendment’s protection of press freedom, for a reporter to solicit information. No reporter, including Rosen, has been prosecuted for doing so.”

Under US law, it is not illegal to publish classified information. That fact, along with the First Amendment’s guarantee of press freedoms, is what has prevented the US government from ever prosecuting journalists for reporting on what the US government does in secret. This newfound theory of the Obama DOJ – that a journalist can be guilty of crimes for “soliciting” the disclosure of classified information – is a means for circumventing those safeguards and criminalizing the act of investigative journalism itself. These latest revelations show that this is not just a theory but one put into practice, as the Obama DOJ submitted court documents accusing a journalist of committing crimes by doing this.

I find it amusing that the journalists on the left are just now realizing that the most left-wing President we have ever had is just like all the other left-wing leaders. He’s a fascist. Fascism is solely a phenomenon of the left. What fascism means is “big government”. To be on the right is to be for smaller government, free trade, and more liberty for families and individuals. That’s why fascism is only enacted by parties on the political left. Free-market capitalism means limited government.

Filed under: News, , , , , , , , , , , , ,

Department of Justice secretly obtained Associated Press phone records over two months

Here’s the report from the famous news service, Associated Press.

Excerpt:

The Justice Department secretly obtained two months of telephone records of reporters and editors for The Associated Press in what the news cooperative’s top executive called a “massive and unprecedented intrusion” into how news organizations gather the news.

The records obtained by the Justice Department listed outgoing calls for the work and personal phone numbers of individual reporters, for general AP office numbers in New York, Washington and Hartford, Conn., and for the main number for the AP in the House of Representatives press gallery, according to attorneys for the AP. It was not clear if the records also included incoming calls or the duration of the calls.

In all, the government seized the records for more than 20 separate telephone lines assigned to AP and its journalists in April and May of 2012. The exact number of journalists who used the phone lines during that period is unknown, but more than 100 journalists work in the offices where phone records were targeted, on a wide array of stories about government and other matters.

In a letter of protest sent to Attorney General Eric Holder on Monday, AP President and Chief Executive Officer Gary Pruitt said the government sought and obtained information far beyond anything that could be justified by any specific investigation. He demanded the return of the phone records and destruction of all copies.

“There can be no possible justification for such an overbroad collection of the telephone communications of The Associated Press and its reporters. These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two-month period, provide a road map to AP’s newsgathering operations and disclose information about AP’s activities and operations that the government has no conceivable right to know,” Pruitt said.

So, the government’s been wire tapping journalists? Whatever happened to freedom of the press?

Surprise! The leftists have been exposed as the real fascists! Oh wait, that’s just like every other time. To be for big government is to be a fascist. There is no such thing as a “fascism” on the right. Conservatives believe in strong families, parental authority, freedom of religion, separation of church and state, small government, an armed populace and free markets. Right-wing conservatism is founded on liberty, private property and the rule of law itself. Big government control is solely a phenomenon of the left. We’ve been dallying with big government for 5 years under this socialist. Why are we surprised that he uses government to spy on us? It’s the left wing thing to do.

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Feminist lawyer’s son falsely charged by university kangaroo court

From the Wall Street Journal. (H/T Stuart Schneiderman)

It starts like this:

I am a feminist. I have marched at the barricades, subscribed to Ms. magazine, and knocked on many a door in support of progressive candidates committed to women’s rights. Until a month ago, I would have expressed unqualified support for Title IX and for the Violence Against Women Act.

But that was before my son, a senior at a small liberal-arts college in New England, was charged—by an ex-girlfriend—with alleged acts of “nonconsensual sex” that supposedly occurred during the course of their relationship a few years earlier.

What followed was a nightmare—a fall through Alice’s looking-glass into a world that I could not possibly have believed existed, least of all behind the ivy-covered walls thought to protect an ostensible dedication to enlightenment and intellectual betterment.

It began with a text of desperation. “CALL ME. URGENT. NOW.”

That was how my son informed me that not only had charges been brought against him but that he was ordered to appear to answer these allegations in a matter of days. There was no preliminary inquiry on the part of anyone at the school into these accusations about behavior alleged to have taken place a few years earlier, no consideration of the possibility that jealousy or revenge might be motivating a spurned young ex-lover to lash out. Worst of all, my son would not be afforded a presumption of innocence.

In fact, Title IX, that so-called guarantor of equality between the sexes on college campuses, and as applied by a recent directive from the Department of Education’s Office for Civil Rights, has obliterated the presumption of innocence that is so foundational to our traditions of justice. On today’s college campuses, neither “beyond a reasonable doubt,” nor even the lesser “by clear and convincing evidence” standard of proof is required to establish guilt of sexual misconduct.

These safeguards of due process have, by order of the federal government, been replaced by what is known as “a preponderance of the evidence.” What this means, in plain English, is that all my son’s accuser needed to establish before a campus tribunal is that the allegations were “more likely than not” to have occurred by a margin of proof that can be as slim as 50.1% to 49.9%.

How does this campus tribunal proceed to evaluate the accusations? Upon what evidence is it able to make a judgment?

The frightening answer is that like the proverbial 800-pound gorilla, the tribunal does pretty much whatever it wants, showing scant regard for fundamental fairness, due process of law, and the well-established rules and procedures that have evolved under the Constitution for citizens’ protection. Who knew that American college students are required to surrender the Bill of Rights at the campus gates?

My son was given written notice of the charges against him, in the form of a letter from the campus Title IX officer. But instead of affording him the right to be fully informed, the separately listed allegations were a barrage of vague statements, rendering any defense virtually impossible. The letter lacked even the most basic information about the acts alleged to have happened years before. Nor were the allegations supported by any evidence other than the word of the ex-girlfriend.

The hearing itself was a two-hour ordeal of unabated grilling by the school’s committee, during which, my son later reported, he was expressly denied his request to be represented by counsel or even to have an attorney outside the door of the room. The questioning, he said, ran far afield even from the vaguely stated allegations contained in the so-called notice. Questions from the distant past, even about unrelated matters, were flung at him with no opportunity for him to give thoughtful answers.

The many pages of written documentation that my son had put together—which were directly on point about his relationship with his accuser during the time period of his alleged wrongful conduct—were dismissed as somehow not relevant. What was relevant, however, according to the committee, was the unsworn testimony of “witnesses” deemed to have observable knowledge about the long-ago relationship between my son and his accuser.

That the recollections of these young people (made under intense peer pressure and with none of the safeguards consistent with fundamental fairness) were relevant—while records of the accuser’s email and social media postings were not—made a mockery of the very term. While my son was instructed by the committee not to “discuss this matter” with any potential witnesses, these witnesses against him were not identified to him, nor was he allowed to confront or question either them or his accuser.

This reminds of exactly what Ari wrote about in his novel “Bias Incident“.

Dr. Schneiderman adds his comments:

The process rests on a sad irony. Many years ago feminists decided strong, independent liberated women do not need to be protected by men. Not by their fathers, not by their brothers, not by their husbands.

As a matter of fact, a gentleman who offered a small courteous gestures of respect was routinely denounced by feminists as a gross insult. He was treating a woman as a member of the weaker sex.

If a man opened a door for a woman, he was called a sexist for assuming that the woman could not open the door herself.

The feminist message was clear: modern women can take care of themselves.

Well, not exactly. Since men are predators, prone to abuse and molest strong, independent women, these women need an extra level of protection: they need to have an extra-judicial procedure that can inflict serious punishment on any male who would see fit to ill-treat them.

No one needs to worry that women might abuse the privilege by bringing unfounded charges against certain men. No, it can’t happen. Women always tell the truth.

Apparently, the problem of violence against women is so bad that the criminal justice system cannot deal with it. It is so out-of-control that the civil justice system cannot do the job.

That’s the real problem: feminism.

When you have a group of feminists who set out to destroy the traditional gender roles of men, and who criminalize the traditional virtues of men, then you should NOT be surprised that government has to grow to fill the void. They told women that chastity was out, and chivalry was out. Traditional male roles of protector, provider, and moral/spiritual leader are out. What kind of men do women choose if they want to avoid all of those traditional male virtues? Bad men. And when bad men aren’t doing what the feminists want, they resort to big government to coerce and punish them. Every other man looking on to this situation is going to be reinforced not to pursue relationships with women, out of fear that they could be hit with false accusations for upsetting her – even if he hasn’t done anything at all!

Eventually, men will just opt out of all contact with women in order to have their freedom to say and do what they feel like. I will look forward to the day when feminists spent the last 40 years of their lives alone in their apartments, talking to their cats. What man in his right mind would want anything to do with these nutcases and their weird ideology?

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