Obama Agencies (FBI, BATF) Get Access to Citizen Gun Records Under Patriot Act

Republican Senator Jim DeMint and Representative Jeff Duncan took votes yesterday to limit the power of federal government snooping under the Patriot Act. The rest of the South Carolina Republican delegation voted to allow ongoing spying operation.

The Patriot Act allows the FBI to issue National Security Letters to conduct warrantless searches of citizen medical, banking, Internet, and library records. There is no judicial oversight, little transparency or Congressional oversight, and a history of abuse by the FBI. Read more about National Security Letters here.

In the Senate, Rand Paul held up a vote for five days until he was able to bring two amendments to the floor of the Senate. One that never made it to the floor would have repealed the NSL power and required the FBI to obtain a warrant as is required by the Fourth Amendment to the Constitution. The more interesting amendment, however, was his Amendment 363 to protect gun owner records from FBI snoops. The Senate voted to table the amendment by a large margin.

Paul’s gun amendment would state in law that no portion of the PATRIOT Act can be used to access any firearms records held by licensed gun dealers. According to Gun Owners of America, who says they worked with the senator on drafting the amendment, it’s designed to keep the government from accessing 4473 forms, which are the firearm transaction records that all people who buy guns in the U.S. from a licensed dealer must fill out. Personal information on the forms include name, address, date of birth, photograph, and make/model/serial numbers of the gun that was purchased. The operational text of Paul's simple amendment provided as follows:

Nothing in the USA PATRIOT Act shall authorize the investigation or procurement of firearms records which is not authorized under chapter 44 of title 18, United States Code.

Thomas Congressional Record

The Gun Owners of America alert described the danger of NOT passing the Paul Amendment:

"Rand Paul’s amendment would exempt 4473’s (the form all purchasers fill out when they buy a firearm from a licensed dealer) and other gun records from the blanket information demands which Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) can make under the 9/11 legislation.

Without Paul’s exemption, it is possible that the BATFE could go to a secret (FISA) court, and, in a one-party (ex parte) proceeding, obtain an order to produce every 4473 in the country, ostensibly because a “terrorism investigation” requires it.

Gun Owners of America Alert. Considering the radical anti-gun Obama Administration, this is not an idle threat to our liberties.

Senator Lindsey Graham voted the wrong way supporting a motion to "table" Senator Paul's amendment. The Senate then passed the Patriot Act extension. Only Jim DeMint, Jeff Duncan, and James Clyburn (D) took the proper votes from the South Carolina delegation against the unconstitutional Patriot Act law.

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Medicare System Explained by Paul Ryan

I like the way he explains the problem. The solution in the Ryan Plan Budget is not as well described. Doesn't the injection of insurance companies in place of a government bureaucracy create a similar disconnect between the patients and providers. There is still a third party payer involved? And, why is the government mandating the type of coverage that must be offered by the insurance companies? Doesn't that create the likelihood that politicians will keep heaping required benefits into the law, and causing the costs to go up?

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Six Spartanburg House Republicans Kill Education Reform Bill

The public education system is not working. Some people believe injecting principles of free market competition into the system will drastically improve the current monopoly system of education for our kids. Unfortunately, the South Carolina, Republican-controlled, House of Representatives does not concur.

The vehicle to change our system was H-3407, "EDUCATIONAL OPPORTUNITY ACT." This Bill, if it had been enacted into law, would have granted students "scholarships" to attend private school equivalent to the approximate cost of the student's participation in a public school. Thus, the State would save an equivalent amount of money as would be provided in the scholarship to a competing private school. The scholarship would have been awarded in the form of a "tax credit."

Instead of our kids being forced to accept government propaganda in the form of public education, they could have opted for a private school education.

The House evaded a debate on the Bill and voted 60-59 to "table" it. The six Spartanburg Republicans (Allison, Brannon, Cole, Forrester, Parker, and Tallon) killed the education reform bill.

Voting to "table" a bill is a cowardly way to escape from voting up and down on the proposed law. Sixteen Republicans joined Democrats to vote "yea" to "table" the landmark education bill. Voting to table a bill is just a sneaky way to kill it. Therefore, any Representative that voted "yea" in favor of the motion to table, is a "Republican" that wants to maintain the public education status quo.

Here is a list of all Republicans that voted to kill education reform, including the six Spartanburg Republicans with convenient contact information below their names. These Republicans do not exhibit votes that match stated principles.

Rita Allison (Spartanburg)

Merita A. "Rita" Allison (Mrs. William Ronald) [R]
Director of Communication
District 36 - Spartanburg County
(H) P.O. Box 93, Lyman, 29365
Bus. (864) 909-1092 Home (864) 439-6255
(C) 402C Blatt Bldg., Columbia, 29201
Bus. (803) 212-6788

Joan Brady

Doug Brannon (Spartanburg)
Norman D. "Doug" Brannon [R]
Attorney
District 38 - Spartanburg County
(H) 201 Clearwater Rd., Landrum, 29356
Bus. (864) 573-0048
(C) 404D Blatt Bldg., Columbia, 29201
Bus. (803) 212-6876

Derham Cole (Spartanburg)
Attorney
District 32 - Spartanburg County
(H) PO Box 1467, Spartanburg, 29304
Bus. (864) 591-1113 Home (864) 285-4732
(C) 402B Blatt Bldg., Columbia, 29201
Bus. (803) 212-6790

Danny Cooper (Anderson)
Vice President, Capstone Insurance Services, LLC
District 10 - Anderson County
(H) PO Box 8002, Anderson, 29622
Bus. (864) 260-4025
(C) 525 Blatt Bldg., Columbia, 29201
Bus. (803) 734-3144

Mike Forrester (Spartanburg)
Economic Development
District 34 - Spartanburg County
(H) 287 Creekridge Dr., Spartanburg, 29301
Bus. (864) 592-6204 Home (864)595-1137
(C) 402D Blatt Bldg., Columbia, 29201
Bus. (803) 212-6792

Marion Frye

Mike Gambrell (Abbeville & Anderson)
Self-employed, M&R Enterprises
District 7 - Abbeville & Anderson Counties
(H) 400 Filter Plant Rd., Honea Path, 29654
Bus. (864) 844-3614 Home (864) 369-0613
(C) 436A Blatt Bldg., Columbia, 29201
Bus. (803) 734-2947

Davey Hiott (Pickens)
Owner, Hiott Printing Co.
District 4 - Pickens County
(H) P.O. Box 997, Pickens, 29671
Bus. (864) 878-9832
(C) 418B Blatt Bldg., Columbia, 29201
Bus. (803) 734-3323

Jenny Horne

Steve Moss

Steve Parker (Spartanburg)
Businessman
District 37 - Spartanburg County
(H) 330 Farm Lake Rd., Boiling Springs, 29316
Bus. (864) 978-0195 Home (864) 578-6298
(C) 404C Blatt Bldg., Columbia, 29201
Bus. (803) 212-6878

Gene Pinson

B.R. Skelton (Pickens)
Arbitrator/Mediator/Residential Contractor/Real Estate Broker/Professor Emeritus of Economics at Clemson Univ.
District 3 - Pickens County
(H) 2962 Walhalla Hwy., Six Mile, 29682
Home (864) 868-3495
(C) 418C Blatt Bldg., Columbia, 29201
Bus. (803) 734-3036 Home (864) 868-3495

Eddie Tallon (Spartanburg)
Retired, SLED; Pres., The Tallon Group, Inc.
District 33 - Cherokee & Spartanburg Counties
(H) 140 Bagwell Farm Rd., Spartanburg, 29302
Bus. (864) 380-8777 Home (864) 596-1478
(C) 402A Blatt Bldg., Columbia, 29201
Bus. (803) 212-6893

Bill Whitmire
Retired Educator, Oconee Co. School District/Owner S&W Farms
District 1 - Oconee County
(H) P.O. Box 157, Walhalla, 29691
Bus. (864) 638-2970 Home (864) 638-2970
(C) 436C Blatt Bldg., Columbia, 29201
Bus. (803) 734-3068

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How Our RINO Legislators Roll on the Budget

During the South Carolina Budget legislation debate, Senator Tom Davis (R-Beaufort) (picture to the right) sought to amend the Budget to create a fund called the "Income Tax Rebate Fund." The idea of the Fund was to capture the surplus general revenue.

Senator Davis's proposed amendment would have compelled the South Carolina Treasury to apply excess revenue collected first to shortfalls of the required three percent excess "General Reserve Fund." That requirement of a rainy day fund is compelled by the Constitution and state statute. See S.C. Constitution, Article 3, Section 36(A)(2), and S.C. Code Ann. S 11-11-310.

After satisfying the prudent step of holding back three percent of the budget for a rainy day, then the other excess funds would be disbursed to the South Carolina tax payers in the form of a tax credit against future income taxes.

The Senate voted to table Income Tax Fund amendment 23-17. Six “Republicans” voted with seventeen Democrats to kill it.

Thomas Alexander:

Businessman/Owner, Alexander's Office Supply District 1 - Oconee & Pickens Counties(H) 150 Cleveland Dr., Walhalla, 29691 Bus. (864) 638-2988 Home (864) 638-2153(C) 402 Gressette Bldg., Columbia, 29201 Bus. (803) 212-6220 Home (803) 252-0845

Paul Campbell (Berkeley County)
Wes Hayes (York County)
Hugh Leatherman (Florence County)

Larry Martin

Textiles, Alice Mfg. Co. District 2 - Pickens County(H) P.O. Box 247, Pickens, 29671 Bus. (864) 306-2126 Home (864) 878-6105(C) 311 Gressette Bldg., Columbia, 29201 Bus. (803) 212-6340

Billy O’Dell (Abbeville County)

Five other “Republican” Senators, including Mike Fair from the Upstate, failed to vote. One wonders why the Legislators would sit out the crucial votes on the Davis Amendment to help South Carolina tax payers.

Chip Campsen (Berkely & Charleston County)
Ray Cleary (Georgetown & Horry County)

Mike Fair
Insurance District 6 - Greenville County(H) P.O. Box 14632, Greenville, 29610 Bus. (864) 246-4257 Home (864) 246-4257(C) 211 Gressette Bldg., Columbia, 29201 Bus. (803) 212-6420

Jakie Knotts (Lexington County)
Luke Rankin (Horry County)

For wonks and wonkettes, the language of the proposed "Income Tax Rebate Fund" amendment is set forth below.

(C)(1) There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Income Tax Rebate Fund. Notwithstanding any other provision of law providing for the use of surplus general fund revenue, all general fund revenues accumulated in a fiscal year in excess of the limit on appropriations provided pursuant to subsection (A) of this section plus any additional general fund surplus revenues available or determined in the annual report of the Comptroller General pursuant to Section 11-11-180, must be credited to this fund. Revenues credited to this fund in a fiscal year may be appropriated or used to offset general fund revenues not collected by the General Assembly in its regular session in the year following the close of the applicable fiscal year. Revenues in this fund may be appropriated or used as offsets only for the purposes provided in item (2) of this subsection.

(2)(a) If the balance in the general reserve fund established pursuant to Section 36, Article III of the Constitution of this State and Section 11-11-310 is less than the required balance, there must be appropriated to it all amounts in the Income Tax Rebate Fund up to the total necessary to replenish the general reserve fund. This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund.

(b) After the appropriation of amounts required pursuant to subitem (a) of this item, any remaining balance may be appropriated for or used to offset revenue reductions for expenses incurred by this State as a result of natural or other disasters declared by the President of the United States.

(c) After the appropriations or offsets required pursuant to subitems (a) and (b) of this item, any remaining balance must be used as an offset for general fund revenue not collected resulting from an income tax credit, which is hereby enacted, against the state individual and corporate income tax liability of taxpayers. This income tax credit for each such taxpayer is the result produced when multiplying a fraction in which the taxpayer's income tax liability is the numerator and the denominator is the net state income tax revenues in the last twelve consecutive months for which actual figures are available when the printed format of tax returns for the year is finalized, multiplied by the balance in the Income Tax Rebate Fund available to offset the collective credits. The credit is allowed against the liability on returns due to be filed in the calendar year following the end of the fiscal year in which the surplus occurred."

Income Tax Rebate Fund Amendment

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Gamecocks: 2011 SEC Baseball Champions

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Obama Proposes Israel Return to 1967 Borders

The map to the left shows the Israel borders with the pre-1967 territory highlighted.

In 1967, Israel's Arab neighbors were massing military forces on the border, and threatening to wipe out Israel. Israel launched a preemptive first strike and destroyed the Egyptian and Syrian air forces. Without air power to support the Arab armies, the Israel ground forces gained a strategic advantage and pushed them back away from the borders. In the Sinai, Israel pushed Egyptian forces far beyond those as shown on this map.

Israel later granted the Sinai back to Egypt in an effort to establish peace. However, she maintained the West Bank, the Golan Heights, and the Gaza Strip. President Obama wants Israel to give those back.

The Golan Heights are of extreme strategic importance. From the Heights, a hostile army would be difficult to dig out. In fact, it is considered by many to be miraculous that the 1967 Israeli Army dislodged Syrian armor from dug in positions. If you tour the Golan, you will still see the hulks of the Syrian tanks which Israel leaves as a reminder of the importance of the Golan.

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Trey Gowdy Town Hall on Tuesday at Denny's On Wade Hampton

Here is a video of Congressman Gowdy before he chose to vote in favor of extending the Patriot Act on a permanent basis for four to six years. Here are the questions I would like to see people ask on Tuesday evening at Denny's:

1) Do you believe we were endowed by our creator with a right to liberty?

2) As a matter of philosophy, do you believe the liberty of the individual is above the powers of government?

3) As our elected representative to Congress, do you feel a responsibility to protect our civil liberties from an ever larger and more intrusive federal government even in situations where the Supreme Court has made a mistake?

The most disturbing aspect of the Patriot Act, and the most abused section is Title 5 that authorizes so-called "National Security Letters" (NSL). NSLs are issued so the government can gather the documents and information including employment, health, financial, and credit records. The NSL is analogous to a government subpoena, except that unlike civil subpoens which require notice to the target, the NSL is a secret subpoena sent to third parties. The third party recipients of the NSL are oftent threatened with criminal prosecution if they reveal their existance to the target. Moreover, third parties have little incentive to challenge a government NSL as the cost of doing so is prohibitive. It is much easier to just give the government the private information sought.

There is no requirement for probable cause before issuing a NSL. There also is no judicial oversight of the process. "Under five statutory provisions, the FBI can use national security letters (NSLs) to obtain – without a court order or any review by a court – records such as customer information from telephone companies, Internet service providers, financial institutions, and consumer credit companies." Testimony of Glen A. Fine, Inspector General Department of Justice (March 21, 2007). Moreover, at the FBI, the letters can be issued by any Special Agent in Charge of any field office, which means that the authority to approve a NSL is essentially local, is not reviewed at a higher level, and does not have to be directly linked to any actual terrorism case. (See link above.)

Between 2003 and 2006, the FBI issued 200,000 National Security Letters. As of 2005, the NSLs had been used to obtain more than one million personal records, including medical histories and credit reports. See 2008 Annual Report.

In 2010, the Holder Justice Department sought the records of 14,212 Americans, more than in the previous two years combined. Bloomberg News, Bin Laden's Death Won't End the Toll on American Taxpayers (May 12, 2011)

In 2010, the Chairman of the Senate Judiciary Committee, Patrick Leahy (D. Vt), stated: "For years, I have been concerned about the issuance and oversight of NSLs. We now know that the National Security Letter authority was significantly misused." (See April 12, 2010 Press Release). Yet, the Gowdy cross-examination embedded below indicates Trey is going out of his way to justify the expansive, unsupervised government snooping.

[Note: At the Denny's Town Hall meeting, Trey said that the Bill he voted for at the House Judiciary Committee did not include addressing the NSL provisions. He suggested he would be in favor of an amendment that limited the FBI authority to issue NSLs. I hope to talk to him about that issue soon and will make a report here if I get to talk to Trey.]

Because the FBI snooping is carried out without the knowledge of the target, there are few judicial opinions that address whether the power is Constitutional. However, a New York U.S. District Court found that the NSL provisions for obtaining telephone records are unconstitutional. That NSL provision, "violates the Fourth Amendment because . . . it effectively bars or substantially deters any judicial challenge to the propriety of an NSL request." Doe v. Ashcroft, 334 F. Supp. 2d 471, 475 (S.D.N.Y. 2004).

A Republican Policy Committee report, Senate Should Reject Proposals to Weaken PATRIOT Act (Mar. 9, 2011), argues against any restrictions on FBI snooping.

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House Judiciary Committee Hearing Today: The Patriot Act: Dispelling the Myths

Here is Bruce Fein, a brilliant author of The Empire Before the Fall:

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Have You Heard of Operation Gunrunner?

Two Border Patrol agents were killed by weapons sold to Mexican drug lords under the watchful eye of the U.S. Department of Justice. Obama Administration has armed the drug cartels of Mexico with almost 600 AK-47 automatic weapons as part of its "investigation" of gun trafficking. Real smart. Only 53 weapons have been recovered which means that almost 600 selective-fire, gas-operated 7.62×39mm assault rifles are in the hands of ruthless Mexican drug gangs. A January 8, 2010, Obama Administration Justice Department Field Office Briefing Paper has additional details.

The Obama Justice Department came up with the brilliant scheme of arming Mexican drug gangs while it quietly investigated them at the same time as anti-gun liberals blamed lax U.S. gun laws for Mexican drug game violence. The Mexican government contemplated a lawsuit against American firearms manufacturers. (See story at this link.)

Now two federal agents are dead and the Obama Justice Department is stonewalling in the face of Subpoenas issued by the House Judiciary Committee of the U.S. House of Representatives which is investigating the colossally stupid Eric Holder policy.

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Herman Cain: The Federal Reserve Connection

Herman Cain is a product of the most destructive economic force in America, the Federal Reserve. His campaign page biography says, "This led to my acceptance of a position on the Board of Directors of the Federal Reserve Bank of Kansas City, and I was subsequently elected their chairman."

Of course, as real inflation (not the government propaganda figures) soars, more and more are learning just how destructive the Fed is to our current fiat monetary system. Why would we elect a person who is part of the problem rather than an agent of change?

Here is a 2010 clip of Herman Cain denying that we need to audit the Fed. This statement by Cain was issued before we found out early this year that the Fed spent billions on bailing out foreign governments and banks. Why would any prospective, independent presidential candidate advocate against a thorough audit of the Fed? This is especially true for a person who has been "in the belly of the beast."

YouTube Link

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Navy Seals Accomplish Raid

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