15 April 2010

Today’s Tabbloid
PERSONAL NEWS FOR lgn@limitedgovernmentnetwork.com

FISCALLY CONSERVATIVE BLOG FEEDS some highly-placed heads to roll. Just to refresh, Committee Chairman
John Conyers summarized the main abuses in an opening statement:
Wednesday Links [Cato at
The IG found that more than 700 times, such information
Liberty] was obtained about more than 2,000 phone numbers by so-
APR 14, 2010 05:40P.M. called“exigent letters” from FBI personnel. In some cases, the
IG concluded, FBI agents sent the letters even though they
By Chris Moody believed that factual information in the letters was false. For
more than 3,500 phone numbers, the call information was
• Scrambling to fill out your complicated tax form this week? You extracted without even a letter, but instead by e-mail,
wouldn’t have this problem under a flat tax system. Take a look at requests on a post-it note, or “sneak peaks” of telephone
how simple it would be. company computer screens or other records…. In one case,
the FBI actually obtained phone records of Washington Post
• How special interests respond to governors who attempt to deal and New York Times reporters and kept them in a database,
with their state’s budget deficit. leading to an IG conclusion of “serious abuse” of FBI
authority and an FBI public apology.
• Economist Richard Rahn: Washington and Europe are engaged in
the most massive act of wealth destruction since World War II. It’s probably actually worse than that: Since these letters often requested
a “community of interest” analysis for targeted numbers, the privacy of
• Student Essay Contest: Win free tickets to the 2010 Milton many people beyond the nominal targets may have been
Friedman Prize for Advancing Liberty dinner, May 13 in implicated—though it’s hard to be sure, since the IG report redacts
Washington DC. almost all details about this CoI mapping.

• Podcast: The Beijing Consensus featuring Stefan Halper And as Rep. Jerry Nadler pointed out, the IG report suggests a “clear
pattern here of deliberate evasion,” rather than the innocent oversight
the Bureau keeps pleading. Both Nadler and the Republican ex-chair of
the committee, Rep. James Sensenbrenner, expressed frustration at their
FISCALLY CONSERVATIVE BLOG FEEDS sense that, when the FBI had failed to win legislative approval for all the
powers on its wish list, it had simply ignored lawful process, seizing by
Accountability for ‘Exigent fiat what Congress had refused to grant. Sensenbrenner, one of the
authors of the Patriot Act, even declared that he felt “betrayed.” But
Letter’ Abuse At Last? [Cato at we’ve heard similar rhetoric before. It was the following suggestion from
Conyers (from my notes, but pretty near verbatim) that really raised an
Liberty‘Exigent Letter’ Abuse At eyebrow:

Last?] There must be further investigation as to who and why and

APR 14, 2010 04:38P.M.
By Julian Sanchez
It is more than three years since the Office of the Inspector General first
brought public attention to the FBI’s systematic misuse of the National
Security Letter statutes to issue fictitious “exigent letters” and obtain
telecommunications records without due process. Nobody at the Bureau
has been fined, or even disciplined, for this systematic lawbreaking and
the efforts to conceal it. But the bipartisan outrage expressed at a
subcommittee hearing of the House Judiciary Committee this morning
hints that Congress may be running out of patience—and looking for
how somebody in the Federal Bureau of Investigation could
invent a practice and have allowed it to have gone on for
three consecutive years. I propose and hope that this
committee and its leadership will join me, because I think
there may be grounds for removal of the general
counsel of the FBI.
That would be Valerie Caproni, one of the hearing’s two witnesses, and
an executive-level official whose dismissal would be the first hint of an
administration response commensurate with the gravity of the violations
that occurred. Caproni’s testimony, consistent with previous
performances, was an awkward effort to simultaneously minimize the

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Today’s Tabbloid PERSONAL NEWS FOR lgn@limitedgovernmentnetwork.com 15 April 2010

seriousness of FBI’s abuses—she is fond of saying “flawed” when le mot FISCALLY CONSERVATIVE BLOG FEEDS
juste is “illegal”—and also to assure legislators that the Bureau was
treating it with the utmost seriousness already. Sensenbrenner appeared More Tax Hikes On Persons
unpersuaded, at one point barking in obvious irritation: “I don’t think
you’re getting the message; will you get the message today?” The Earning Under $200,000
Republican also seemed to indirectly echo Conyers’ warning, declaring
himself “not unsympathetic” to the incredulous chairman’s indictment of [Americans for Tax Reform]
her office. Of course, the FBI has it’s own Office of Professional APR 14, 2010 04:17P.M.
Responsibility which is supposed to be in charge of holding agents and
officials accountable for malfeasance, but apparently the wheels there On numerous occasions we’ve pointed out how President Obama’s
are still grinding along. pledge not to raise taxes on person’s earning under $250,000 was, to use
a subtle and technical term, a total, absolute, and utter, lie.&n..;.
It’s also worth noting that Inspector General Glenn Fine, who also
testified, specifically urged Congress to look into a secret memo issued in
January by the Office of Legal Counsel, apparently deploying some novel
legal theory to conclude that many of the call records obtained by the FBI FISCALLY CONSERVATIVE BLOG FEEDS
were not covered by federal privacy statutes after all. This stood out just
because my impression is that OIG usually limits itself to straight The Onerous Compliance Cost
reporting and leaves it to Congress to judge what merits investigation,
suggesting heightened concern about the potential scope of the ruling, of the Internal Revenue Code
despite FBI’s pledge not to avail itself of this novel legal logic without
apprising its oversight committees. Alas, the details here are classified, [Americans for Tax Reform]
but Caproni did at one point in her testimony conclude that “disclosure APR 14, 2010 04:13P.M.
of approximately half of the records at issue was not forbidden by ECPA
and/or was ...
connected to a clear emergency situation.” There were 4,400 improperly
obtained “records at issue” in the FBI’s internal review, of which about
150 were ultimately retained on the grounds that they would have
qualified for the emergency exception in the Electronic Communications FISCALLY CONSERVATIVE BLOG FEEDS
Privacy Act. Since that tally didn’t include qualifying records for which
legitimate process had nevertheless been issued at some point, the ATR Asks Obama to Clarify
number of “real” emergencies is probably slightly higher, but that still
suggests that the “half” Caproni alludes to are mostly in the Administration’s Position on a
“disclosure…not forbidden by ECPA” category. Since ECPA is fairly
comprehensive when it comes to telecom subscriber records—or at least, VAT Tax [Americans for Tax
so we all thought until recently—we have to assume she means that these
are the types of records the OLC opinion has removed from FISA’s Reform]
protection. If those inferences are correct, and the new OLC exception APR 14, 2010 04:12P.M.
covers nearly half of the call detail records FBI obtains, that would not
constitute a “loophole” in federal electronic privacy law so much as its Given the enormous deficit facing America and the Administration’s calls
evisceration. for additional revenue, Grover Norquist sent the following letter to
President Obama asking him to clarify his position o...
Of course, it’s possible that the specific nature of the exception would
allay civil libertarian fears. What’s really intolerable in a democratic
society is that we don’t know. Operational facts about specific
investigations, and even specific investigatory techniques, are rightly
classified. But an interpretation of a public statute so significant as to
potentially halve its apparent protections cannot be kept secret without
making a farce of the rule of law.

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Today’s Tabbloid PERSONAL NEWS FOR lgn@limitedgovernmentnetwork.com 15 April 2010

FISCALLY CONSERVATIVE BLOG FEEDS • a federal government empowered to regulate core

political speech—and restrict it greatly when it counts
ATR Endorses H.R. 4943 the most: in the days before a federal election;

[Americans for Tax Reform] • a president who cannot be restrained, through validly
APR 14, 2010 04:05P.M. enacted statutes, from pursuing any tactic he believes to
be effective in the war on terror;
ATR President Grover Norquist today sent the following letter
to Congressmen Kevin McCarthy: On behalf of Americans for Tax • a president who has the inherent constitutional
Reform, I am pleased... authority to designate American citizens suspected of
terrorist activity as “enemy combatants,” strip them of
any constitutional protection, and lock them up without
charges for the duration of the war on terror— in other
FISCALLY CONSERVATIVE BLOG FEEDS words, perhaps forever; and

Waking Up at Last [Cato at • a federal government with the power to supervise

Liberty]
APR 14, 2010 02:20P.M.
By David Boaz
Tony Blankley, former press secretary to Speaker of the House Newt
Gingrich, exults in the Washington Times that Americans are waking up
“to our heritage of freedom” and to the abuse of the Constitution:
All the following acts have suddenly awakened Americans to
their Constitution: (1) The nationalization of car companies
and banks; (2) the subordination of the car companies’ legal
bondholders to union bosses; (3) the creation of trillion-
dollar slush funds (the stimulus package) used for, among
other purposes, the corrupt purchase of congressional votes;
(4) the mandating of individual health insurance purchase
against the will of Americans; (5) the attempt to have
Obamacare “deemed” to have been enacted, rather than
actually publicly voted on by Congress.
Amazingly, spontaneously, Americans are educating
themselves about the details of our Constitution.
virtually every aspect of American life, from
kindergarten, to marriage, to the grave.
President Bush’s constitutional vision is, in short, sharply at
odds with the text, history, and structure of our Constitution,
which authorizes a government of limited powers.
But better late than never, and we join Tony Blankley in hoping that the
Constitution’s limits on the powers of the federal government will once
again be an issue in American politics and governance.
FISCALLY CONSERVATIVE BLOG FEEDS
“Stimulus” = Education
Funding Floor? [“Cato at
Liberty” = Education Funding
Floor?]
APR 14, 2010 02:07P.M.

He’s absolutely right. All those actions do raise serious questions about By Neal McCluskey
whether there are still any constitutional limitations on government,
which is to say, whether the Constitution is still in effect, questions that
Roger Pilon also raised this week in the Christian Science Monitor. But it
would be even better if Americans had noticed the threats to
constitutional government a bit earlier, if not during the New Deal or the
Great Society, then perhaps during the past decade when, as Gene Healy
and Tim Lynch wrote in 2006:

Unfortunately, far from defending the Constitution, President

Bush has repeatedly sought to strip out the limits the
document places on federal power. In its official legal briefs
and public actions, the Bush administration has advanced a
view of federal power that is astonishingly broad, a view that
includes

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Today’s Tabbloid PERSONAL NEWS FOR lgn@limitedgovernmentnetwork.com
We were warned.
When Washington passed the so-called “stimulus” bill, with its tens-of-
billions for K-12 education, we were warned that the money wouldn’t just
provide a one-time infusion of supposedly economy-saving cash. No, it
would furnish a towering new spending floor for already super-funded
government schools and numerous other beneficiaries.
Well here come the sky lifts again. According to Education Week,
Senator Tom Harkin (D-IA) is pushing legislation that would pile $23
billion in new federal funding into education once the stimulus cash
dries up. And this money — which, of course, we don’t actually have – is
intended not only to protect the jobs of teachers and other staff, but add
even more employees to the obscene jobs program that is public
schooling.
Would this be a good time to mention that the Constitution gives the
federal government zero authority to fund or control education? Oh,
who cares about that?
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15 April 2010
FISCALLY CONSERVATIVE BLOG FEEDS
Restrictive Immigration Policies
Confound Security [Cato at
Liberty]
APR 14, 2010 12:02P.M.
By Jim Harper
CEI’s Alex Nowrasteh has a commentary on Townhall.com illustrating
how restrictive immigration policies confound security. Twenty-
three Somalis with suspected ties to an Islamist group were mistakenly
released from a Mexican prison last January, and their whereabouts now
are unknown. He continues:
Forcing immigrants underground creates an enormous black
market where terrorist activities and serious crimes can
continue undetected. If legal immigration were much easier,
the American government would know who was entering the
country and do a better job in screening out criminals and
suspected terrorists.
I’m leery of touting terror threats for any reason beyond alerting the
public to information they can use for national and self-protection. A
small group of possible terrorists in Mexico is far from doing any
significant harm and not particularly worrisome.
But this story illustrates how the border security that matters gets
harder—and how much tax money gets wasted—when our policies make
legal immigration difficult or impossible. The government is preoccupies
with workers made minor criminals by their extraordinary efforts to
improve their and their families’ circumstances.
FISCALLY CONSERVATIVE BLOG FEEDS
Felony Charges for Recording a
Plainclothes Officer [Cato at
Liberty]
APR 14, 2010 11:23A.M.
By David Rittgers
Yesterday I wrote about the University of Maryland student beaten by
police and falsely charged with assault during a post-game celebration. I
concluded with a warning that a law barring citizens from taking photos
or videos of law enforcement officers (such as those in force in Great
Britain) would have prevented the false charges and beating from
coming to light.
Today’s Tabbloid PERSONAL NEWS FOR lgn@limitedgovernmentnetwork.com
I did not know that Maryland was already heading that direction. Video:
Anthony Graber was riding his motorcycle on I-95 in Maryland, speeding
and popping wheelies and recording the experience with a helmet cam.
An unmarked car cuts him off as he slows for traffic, and a man in a
hoodie and jeans jumps out with a gun in his hand. Five seconds after
the armed man has exited his vehicle and approached Graber, he
identifies himself as a Maryland State Trooper. Graber accepts a
speeding ticket and posts video of the experience on YouTube. (HT
Armed Liberal)
If that were the end of it – a law enforcement officer recklessly creates a
situation that could prompt a firefight by provoking a law-abiding citizen
with a concealed carry permit (because the officer’s outward appearance
suggested a criminal attack was underway) – I wouldn’t be writing this.
But the Maryland State’s Attorneys are now charging Graber with
unlawfully recording the incident. Police have seized his computer and
he faces felony charges.
Maryland is working hard to justify its status as least-free state in the
union. Find your state’s ranking here.
FISCALLY CONSERVATIVE BLOG FEEDS
Obama Proposes Further Delay
on Fannie & Freddie [Cato at
Liberty]
APR 14, 2010 11:13A.M.
By Mark A. Calabria
President Obama seems to be slowly waking up to the fact that the
American public has grown tired of the endless bailout of Fannie Mae
and Freddie Mac. The public has also rejected the talking point that
Fannie and Freddie were simply victims of a 100 year storm in the
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15 April 2010
housing market. So what’s Obama’s response? To ask for public
comment and have public forums.
This strategy is clearly one of delaying and avoiding any reform of Fannie
and Freddie while pretending to care about the issue. Where was the
public comment and forums on the Volcker rule? Seemingly the standard
is that fixing the real causes of the financial crisis should be delayed and
debated while efforts like the Dodd bill, which do nothing to avoid future
financial crises, should be rushed without debate or comment.
Even more disingenious is couching reform of Fannie and Freddie under
the rubic of “fixing mortgage finance”. This is no more than an attempt
to take the focus away from Fannie and Freddie and shift it to “abusive
lending” and other non-causes of the crisis.
This isn’t rocket science. The role of Fannie and Freddie in the financial
crisis is well understood. The only thing missing is the willingness of
Obama and Congress to stand up to the special interests and protect the
taxpayer against future bailouts.
FISCALLY CONSERVATIVE BLOG FEEDS
Toomey Hits 50% in New Poll
[The Club for Growth]
APR 14, 2010 10:41A.M.
From Rasmussen Reports: Toomey: S COMMITTEE. 202-955-5500.
FISCALLY CONSERVATIVE BLOG FEEDS
California Would Gain $11.589
Billion From Offshore Drilling
[Americans for Tax Reform]
APR 14, 2010 09:07A.M.
With California facing a predicted $52.1 billion shortfall and 12.5 percent
unemployment, Americans for Tax Reform continues to urge President
Obama, Congress, and state elected officials to look towa...
Today’s Tabbloid PERSONAL NEWS FOR lgn@limitedgovernmentnetwork.com 15 April 2010

FISCALLY CONSERVATIVE BLOG FEEDS

Congress to Skip the Budget

Process—a Transparency
Problem at the Very Least [Cato
at Liberty—a Transparency
Problem at the Very Least]
APR 14, 2010 08:42A.M.

By Jim Harper

You are required by law to file your taxes by the end of the day
tomorrow, and you get penalized if you don’t. Meanwhile, Congress will
not meet its April 15 requirement to pass a budget resolution. The budget
resolution is the plan for FY 2011 revenue and spending that dictates the
amounts in forthcoming annual spending bills.

It’s an understatement to say that skipping the annual budgeting process

is a transparency problem. It’s a management problem, a spending
problem, a leadership problem, a responsibility problem . . .

More commentary and a timetable of the congressional budget process is

on the WashingtonWatch.com blog. Politico broke the story (so far as I
can tell). Reuters quotes Senate Budget Committee Chairman Kent
Conrad (D-ND) saying, “We’re going to go full speed ahead” with the
budget.

You have until the end of the day tomorrow, senator.