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	<title>TPMDC</title>
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	<id>tag:tpmdc.talkingpointsmemo.com,2013://9075</id>
	<updated>2013-06-18T22:21:15Z</updated>
	<generator uri="http://www.sixapart.com/movabletype/">Movable Type Pro 4.21-en</generator>
	<entry>
		<title>Google Asks FISA Court To Let Them Say How Often The Government Requests User Data</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/google-asks-fisa-court-to-let-them-say-how-often-the-government-requests-user-data.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407940</id>
		<published>2013-06-18T22:21:16Z</published>
		<updated>2013-06-18T22:21:15Z</updated>
		<summary>Google filed a motion with the secretive Foreign Intelligence Surveillance Court Tuesday asking it to relax the gag orders that prevent the internet company from disclosing information about the number of requests for user data it receives from the U.S. government. The legal filing argues the company has a &quot;right under the First Amendment&quot; to disclose the number of requests for user data Google receives from law enforcement under the Foreign Intelligence Surveillance Act and the total number of users involved in these requests. 
</summary>
		<author>
			<name>Hunter Walker</name>
		</author>
		<category term="Google" scheme="http://www.sixapart.com/ns/types#category"/>
		<category term="NSA" scheme="http://www.sixapart.com/ns/types#category"/>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/06/Google-blur-cropped-proto-custom_2.jpg">]]><![CDATA[<p>Google filed a motion with the Foreign Intelligence Surveillance Court Tuesday asking it to relax the gag orders that prevent the internet company from disclosing information about the number of requests for user data it receives from the U.S. government. The legal filing argues the company has a "right under the First Amendment" to disclose the number of requests for user data Google receives from law enforcement under the Foreign Intelligence Surveillance Act and the total number of users involved in these requests. <br />
</p>]]><![CDATA[<p>Google's request was prompted by the increased attention on the National Security Agency's surveillance programs that came after leaked documents were published by the Guardian and Washington Post newspapers. Those stories alleged that nine major technology companies including Google cooperated with the government and allowed the NSA to tap into their systems. Many of the tech companies named in the stories pushed back and <a href="http://tpmdc.talkingpointsmemo.com/2013/06/nsa-prism-technology-companies-surveillance-fisa.php">denied they ever gave the government</a> "direct access" to their servers. </p>

<p>"In light of the intense public interest generated by The Guardian's and Post's erroneous articles, and others that have followed them, Google seeks to increase its transparency with users and the public regarding its receipt of national security requests, if any," Google's legal filing says. "Google's reputation and business has been harmed by the false of misleading reports in the media, and Google's users are concerned by the allegations. Google must respond to such claims with more than generalities."</p>

<p>After the stories were published, some of the companies named released information about the number of FISA requests they receive. However, they were required to combine the number of FISA requests with all other requests from law enforcement. <br />
Microsoft, Google, Yahoo!, Facebook, and Twitter, which were all named in the stories, also banded together and sent open letters asking the government to allow them to release more details about the FISA requests they receive. </p>

<p>"We have long pushed for transparency so users can better understand the extent to which governments request their data--and Google was the first company to release numbers for National Security Letters," a Google spokesperson said in a statement. "However, greater transparency is needed, so today we have petitioned the Foreign Intelligence Surveillance Court to allow us to publish aggregate numbers of national security requests, including FISA disclosures, separately. Lumping national security requests together with criminal requests -- as some companies have been permitted to do -- would be a backward step for our users."</p>

<p>In the motion, Google's attorney said the data on FISA requests would be published in the company's regular "<a href="http://www.google.com/transparencyreport/">Transparency Report</a>." The motion specified Google would not disclose any details about the government's justification for the requests that could reveal the type of individual investigations. </p>

<p>Read the full legal filing below. </p>

<p  style=" margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block;">   <a title="View Foreign Intelligence Surveillance Court - Motion for Declaratory Judgment on Scribd" href="http://www.scribd.com/doc/148613902/Foreign-Intelligence-Surveillance-Court-Motion-for-Declaratory-Judgment"  style="text-decoration: underline;" >Foreign Intelligence Surveillance Court - Motion for Declaratory Judgment</a></p><iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/148613902/content?start_page=1&view_mode=scroll&show_recommendations=true" data-auto-height="false" data-aspect-ratio="undefined" scrolling="no" id="doc_25253" width="100%" height="600" frameborder="0"></iframe>]]></content>
	</entry>
	<entry>
		<title>Senate Republicans: We Won&apos;t Be The First To Go Nuclear</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/senate-republicans-nuclear-option.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407931</id>
		<published>2013-06-18T19:48:00Z</published>
		<updated>2013-06-18T20:48:05Z</updated>
		<summary>Top Senate Republicans strongly suggested Tuesday they won&apos;t invoke the &quot;nuclear option&quot; down the road if Democrats refrain from doing so while they&apos;re in the majority. In the morning Senate Minority Leader Mitch McConnell (R-KY) threatened to go nuclear on...</summary>
		<author>
			<name>Sahil Kapur</name>
		</author>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/06/mcconnell-leadership-ap-cropped-proto-custom_2.jpg">]]><![CDATA[<p>Top Senate Republicans strongly suggested Tuesday they won't invoke the "nuclear option" down the road if Democrats refrain from doing so while they're in the majority.</p>

<p>In the morning Senate Minority Leader Mitch McConnell (R-KY) <a href="http://tpmdc.talkingpointsmemo.com/2013/06/mcconnell-reid-nuclear-option-filibuster.php">threatened to go nuclear on everything</a> when Republicans retake the Senate if Majority Leader Harry Reid (D-NV) eliminates the filibuster for nominations.</p>

<p>In the afternoon, McConnell's spokesman said the senator doesn't expect to go nuclear first.</p>

<p>"He doesn't think anyone should do it," the Republican leader's spokesman Don Stewart told TPM. "If Reid keeps his word, I don't see anybody doing it."</p>]]><![CDATA[<p>Sen. Lamar Alexander (R-TN), pressed repeatedly Tuesday by TPM, said he doesn't expect a hypothetical future GOP majority to use the nuclear option if Democrats opt not to.</p>

<p>"I do not -- if Senator Reid keeps his word, as I expect him to do," he said.</p>

<p>"Republicans believe that the Senate is a place where minority rights should be protected," the Tennessee senator said. "Democrats changed the rules -- they blocked President Bush's judges by filibuster and so now we've done that to President Obama's judges. If they do that on a wholesale basis that'll be the end of the Senate and we'll figure out what we can do by 51 votes just as they figured out what they can do."</p>

<p>In other words, Republicans aren't offering an ironclad commitment that they won't go nuclear on filibuster reform first. But by seeking to scare Reid out of doing so, they're dramatically narrowing the space for them to argue for changing the rules down the road.</p>

<p>"Make no mistake about it," McConnell told reporters Tuesday at his weekly news conference in the Capitol, in response to a question from TPM. "Using the nuclear option is the end of the Senate. I repeat, the end of the Senate. It turns the Senate into the House." </p>

<p>Reid <a href="http://tpmdc.talkingpointsmemo.com/2013/01/reid-promises-no-rules-changes-without-gop-consent.php">promised</a> early in January, after a bipartisan rules change agreement that preserved the filibuster, not to change the rules outside regular order. Regular order requires a two-thirds majority to change Senate rules. Reid has threatened to eliminate the filibuster for nominations, but not bills, with a bare majority of senators if Republicans don't stop blocking President Obama's cabinet and judicial picks.</p>

<p>"It would be naive to assume that you could break the rules of the Senate in order to change the rules of the Senate only for nominations," McConnell said. "There would be a widespread climate in our conference, were we to be the majority, to take that precedent and apply it to everything else."</p>]]></content>
	</entry>
	<entry>
		<title>McConnell To Reid: If You Go Nuclear On Nominations, I&apos;ll Go Nuclear On Everything When I&apos;m Majority Leader</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/mcconnell-reid-nuclear-option-filibuster.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407919</id>
		<published>2013-06-18T15:00:00Z</published>
		<updated>2013-06-18T17:43:10Z</updated>
		<summary>Senate Minority Leader Mitch McConnell (R-KY) on Tuesday starkly warned Majority Leader Harry Reid (D-NV) not to eliminate the filibuster on presidential nominations, threatening to end the 60-vote threshold for everything, including bills, if he becomes the majority leader. &quot;There...</summary>
		<author>
			<name>Sahil Kapur</name>
		</author>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/04/mitch-mcconnell-AP789697500088-cropped-proto-custom_2.jpg">]]><![CDATA[<p>Senate Minority Leader Mitch McConnell (R-KY) on Tuesday starkly warned Majority Leader Harry Reid (D-NV) not to eliminate the filibuster on presidential nominations, threatening to end the 60-vote threshold for everything, including bills, if he becomes the majority leader.</p>

<p>"There not a doubt in my mind that if the majority breaks the rules of the Senate to change the rules of the Senate with regard to nominations, the next majority will do it for everything," McConnell said on the floor.</p>]]><![CDATA[<p>With at least half a dozen key judicial and cabinet nominees pending, all of whom Republicans have problems with, Reid <a href="http://tpmdc.talkingpointsmemo.com/2013/05/reid-nuclear-filibuster-reform-nominations.php">has threatened</a> to <a href="http://tpmdc.talkingpointsmemo.com/2013/05/reid-nuclear-filibuster-reform-nominations.php">invoke</a> the so-called nuclear option to change the rules of the Senate and eliminate the filibuster on nominations -- but not anything else.</p>

<p>Backed up by Sen. Lamar Alexander (R-TN), who echoed his warnings in a floor colloquy Tuesday, McConnell said his hypothetical majority would take it a step further.</p>

<p>"I wouldn't be able to argue, a year and a half from now if I were the majority leader, to my colleagues that we shouldn't enact our legislative agenda with a simple 51 votes, having seen what the previous majority just did," he said. "I mean there would be no rational basis for that."</p>

<p>The minority leader sketched out what a Republican-led Senate would do with 51 votes. Job No. 1, he said, would be to repeal Obamacare. He also mentioned lifting the ban on oil drilling in the Arctic National Wildlife Refuge, approving the Keystone XL pipeline and repealing the estate tax (which he called the "death tax").</p>

<p>"These are the kinds of priorities that our members feel strongly about, and I think I would be hard pressed," McConnell said, "to argue that we should restrain ourselves from taking full advantage of this new Senate."</p>

<p>"From the country's point of view, it's a huge step in the wrong direction," he said.</p>]]></content>
	</entry>
	<entry>
		<title>House GOP To Vote On 20-Week Abortion Ban After Quietly Adding Exemptions For Rape And Incest</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/house-vote-twenty-week-abortion-ban.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407895</id>
		<published>2013-06-18T10:32:57Z</published>
		<updated>2013-06-18T13:28:37Z</updated>
		<summary>House Republicans have scheduled a vote Tuesday on legislation that would outlaw abortion after 20 weeks of pregnancy, but not before quietly carving out exemptions for cases of rape and incest (which had been defeated in committee) and sidelining the...</summary>
		<author>
			<name>Sahil Kapur</name>
		</author>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/06/cantor-trent-franks-cropped-proto-custom_2.jpg">]]><![CDATA[<p>House Republicans have scheduled a vote Tuesday on legislation that would outlaw abortion after 20 weeks of pregnancy, but not before quietly carving out exemptions for cases of rape and incest (which had been defeated in committee) and sidelining the bill's sponsor.</p>

<p>The legislation is likely to pass the GOP-led House and die in the Democratic-led Senate. It's largely a messaging device to energize social conservatives whom Republicans rely on in elections. But Democrats are equally eager to cite the vote as another example of a Republican "war on women" and chip away at the party's standing with female voters.</p>]]><![CDATA[<p>The <a href="http://thomas.loc.gov/cgi-bin/cpquery/T?report=hr109p1&dbname=113">bill</a> <a href="http://tpmdc.talkingpointsmemo.com/2013/06/house-republicans-20-week-abortion-ban.php">cleared the Judiciary Committee</a> last week by a party line vote of 20-12, after Republicans defeated a Democratic amendment to create exemptions for rape and incest. (The bill contained an exemption for when the mother's life was at stake.) The sponsor, Rep. Trent Franks (R-AZ), created a headache for the GOP by arguing during the markup that incidence of pregnancy from rape was "<a href="http://livewire.talkingpointsmemo.com/entry/gop-congressman-pregnancy-rate-from-rape-is-very">very low</a>" -- comments that he <a href="http://tpmdc.talkingpointsmemo.com/2013/06/trent-franks-rape-pregnancy-walk-back.php">walked back</a> hours later.</p>

<p>But late last week, Republican leaders quietly <a href="http://docs.house.gov/billsthisweek/20130617/CPRT-113-HPRT-RU00-HR1797.xml">added language to the bill</a> exempting the 20-week abortion ban if "the pregnancy is the result of rape, or the result of incest against a minor." The exemption would only apply if the rape or incest were reported to law enforcement or a legally authorized government agency prior to the abortion.</p>

<p>"Jobs continues to be our No. 1 concern," House Speaker John Boehner (R-OH) told reporters last Thursday. "And while we continue to be focused on this, there are other important issues that we have to deal with. And after the Kermit Gosnell case and the publicity that it received, I think the [abortion] legislation is appropriate and I hope that those who have voted against such proposals in the past will change their mind."</p>

<p>Republicans sidelined Franks, an outspoken abortion foe, and instead <a href="http://www.bloomberg.com/news/2013-06-13/republicans-pick-female-lawmaker-to-manage-abortion-bill.html">tapped</a> veteran Rep. Marsha Blackburn (R-TN) to manage the legislation on the floor. The moves show sensitivity to criticism that the party's ongoing anti-abortion efforts reflect hostility toward women.</p>

<p>Last year, a similar House bill written by Franks applied only in the District of Columbia. This year's version applies to the entire country.</p>

<p>The legislation poses a direct challenge to Supreme Court jurisprudence, which holds that states may not outlaw abortions if they occur before 24 weeks of pregnancy. Many cite the murders of babies born alive by convicted late-term abortion doctor Kermit Gosnell as justification for the legislation.</p>

<p>Meanwhile, reproductive rights advocates are gearing up for battle.</p>

<p>"Republican men think they can hand this bill off to a woman legislator to soften the blow -- and frankly, that's insulting," said Marcy Stech, a spokeswoman for the pro-choice group EMILY's List. "But as we've seen recently, rebranding won't work when the GOP holds onto the same backwards policies and loose-lipped leaders. No matter the messenger, women voters will continue to see this ban for exactly what it is -- an extreme bill designed to threaten the rights and safety of women across the nation."</p>]]></content>
	</entry>
	<entry>
		<title>NYC&apos;s Mayoral Race Draws Top-Flight Political Operatives </title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/staffers-mayoral.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407893</id>
		<published>2013-06-18T10:24:09Z</published>
		<updated>2013-06-18T17:47:30Z</updated>
		<summary>In an off-year for presidential and congressional campaigns, the 2013 New York City mayoral election is one of the hottest destinations for political operatives. Many of the top tier candidates in this election have all drawn staffers with experience on national races.</summary>
		<author>
			<name>Hunter Walker</name>
		</author>
		<category term="NYC Mayoral Election 2013" scheme="http://www.sixapart.com/ns/types#category"/>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/05/nyc-city-hall-cropped-proto-custom_2.jpg">]]><![CDATA[<p><strong>Update: </strong><em>June 18, 2013, 1:47 PM</em></p>

<p>In an off-year for presidential and congressional campaigns, the 2013 New York City mayoral election is one of the hottest destinations for political operatives. Many of the top-tier candidates in this election have drawn staffers with experience on national races. </p>

<p>   </p>]]><![CDATA[<p>Democratic City Council Speaker Christine Quinn's lead in the polls has dropped over the past few months, but she <a href="http://elections.huffingtonpost.com/pollster/2013-new-york-city-mayor-democratic-primary">remains the frontrunner</a> in the Democratic primary race. Quinn is working with the powerhouse consulting firm SKDKnickerbocker, which has worked on several major campaigns including both of <a href="http://www.skdknick.com/work/far-reaching-role-in-election/">President Barack Obama's election efforts</a>, the <a href="http://www.skdknick.com/work/breaking-the-political-mold/">surprising 2001 win</a> that put Mike Bloomberg in City Hall and his re-election bids, as well as successful Senate and House campaigns in <a href="http://www.skdknick.com/work/beating-a-popular-incumbent/">North Carolina</a>, <a href="http://www.skdknick.com/work/defending-a-top-target-incumbent-2/">Louisiana</a>, <a href="http://www.skdknick.com/work/winning-against-the-odds-2/">Massachusetts</a>, and others. </p>

<p>Through SKDKnickerbocker, the Quinn team has <a href="http://www.skdknick.com/about/jennifer-cunningham/">Albany veteran Jennifer Cunningham</a> and Josh Isay, Sen. Chuck Schumer's (D-NY) <a href="http://www.skdknick.com/about/josh-isay/">original Senate campaign manager</a>, serving as senior advisors. SKDKnickerbocker vice president of public relations Mike Morey, who was Schumer's New York City press secretary from 2010 until 2012, is a communications consultant for Quinn.</p>

<p>Quinn campaign manager Matt Tepper worked for the DCCC last year. In 2008, Tepper worked on Hillary Clinton's presidential campaign in New Hampshire. According to the Quinn campaign, Quinn's finance director Annie Weir and field director Alex Agius also worked on Clinton's White House bid; her policy director, Anthony Hogrebe, worked on John Kerry's 2004 campaign and President Obama's first election; Quinn research director Chris Herold worked on Obama's re-election; political director Ademola Oyefeso worked on Kerry's campaign; senior advisor Michael DeLoach worked on Howard Dean's 2004 presidential run, and senior advisor Mark Guma worked on multiple campaigns for Schumer and Sen. Dianne Feinstein (D-CA).</p>

<p>Former Congressman Anthony Weiner is currently polling in second place in the Democratic primary about five points behind Quinn. Weiner has been <a href="http://www.nydailynews.com/new-york/weiner-trouble-attracting-staff-article-1.1345320">dogged by reports</a> his campaign has had difficulty attracting top flight talent because of his relatively late entry into the race after the scandal that saw him resign from the House in 2011. Weiner's campaign declined to identify specific staffers in his operation in response to a request from TPM.</p>

<p>"Every one of our staffers has campaign experience of one form or another," Weiner spokeswoman Barbara Morgan said. </p>

<p>According to <a href="http://capitalnewyork.com/article/politics/2013/05/8530178/source-anthony-weiner-hires-former-obama-and-gillibrand-aide">Capital New York</a>, Weiner's political director is Camille Joseph. Joseph's online profiles describe her as a former aide to Sen. Kirsten Gillibrand (D-NY) who spent seven months as the "National African American Vote Deputy Director: Obama for America" last year. A <a href="http://www.linkedin.com/pub/barbara-morgan/18/15a/a71">Linkedin page for Morgan</a>, who is Weiner's press secretary, said she previously spent over a year as director of communications and media relations for the New Jersey Department of Education. Last month, the <a href="http://www.nytimes.com/2013/05/16/nyregion/weiner-said-to-hire-relative-unknown-to-run-mayoral-campaign.html">New York Times reported</a> Weiner hired Danny Kedem to be his campaign manager. The newspaper described Kedem as a "relative unknown" who "has worked on various under-the-radar races, including an unsuccessful 2012 Democratic Congressional campaign on Staten Island." </p>

<p>Public Advocate Bill de Blasio is currently in third place in the Democratic primary polls. De Blasio's lead consultant is John del Cecato, <a href="http://akpdmedia.com/partners/john-del-cecato/">a partner</a> at former top Obama advisor David Axelrod's consulting firm AKPD Message and Media. Del Cecato worked on Obama's 2004 Illinois Senate run, as the main architect of the television ads in both his presidential bids, and on many other Senate races. According to the de Blasio campaign, it has attracted several other veterans of the president's re-election effort including; de Blasio's campaign manager Bill Hyers, communications director Mahen Gunaratna, advance team member Laura Kavanagh, digital director Jessie Singleton, finance staffer Brittany Wise, Brooklyn field organizer Jonathan Viguers, Manhattan field organizer Gabriel Schnake-Mahl, incoming deputy communications director Lauren Hitt, and paid media consultant Jon Fromowitz, who was Obama's deputy director of opinion research last year. </p>

<p>Singleton, who is originally from Tennessee, was based in Philadelphia while she worked on the Obama campaign. She moved to New York in January to join de Blasio's staff. </p>

<p>"I knew who Bill was and the kind of things he was fighting for, and was really drawn to his message, but more than that, it's that the mayor of New York City is in such a unique position to use the bully pulpit of the office to drive the conversation nationally on issues that matter a lot to me," Singleton said. </p>

<p>Former comptroller Bill Thompson came a close second to Bloomberg in the 2009 mayoral election and is currently polling slightly behind de Blasio in this year's Democratic primary. Thompson's chief campaign strategist and manager is Jonathan Prince, a former advisor and speechwriter to President Bill Clinton and the national deputy campaign manager of John Edwards' 2008 White House run. Dani Lever, Thompson's press secretary, was on President Obama's press team last year. Last month, Thompson announced he hired Hank Sheinkopf as a senior strategist. Sheinkopf is a consultant with three decades of experience including making ads for President Clinton's 1996 re-election. Along with Sheinkopf, Thompson announced the hiring of senior advisor Karine Jean- Pierre, who was deputy battleground states director for President Obama in 2012 and northeast political director in the White House, and field director Will Leaverton, who was Obama's deputy national GOTV director and national regional field director last year. The New York-based MirRam Group is the Thompson campaign's general consulting group. </p>

<p>Comptroller John Liu is polling three points behind Thompson. Liu's campaign did not respond to multiple requests for comment about their staff. However, Liu's top advisor, Chung Seto, is a former executive director of the New York State Democratic Committee and a key fundraiser in Manhattan's Chinatown for Hillary Clinton's 2008 presidential bid.</p>

<p>Former Councilman Sal Albanese is the last of the major Democrats in the polls at about just one percent. According to Albanese's team, his campaign manager Chris McCreight was Obama's field coordinator for Brooklyn and Staten Island in 2008 and Albanese's field director Robert Akleh worked for  Rep. Hakeem Jeffries (D-NY) last year. </p>

<p>Neither of the campaigns for the two top Republican candidates, former MTA chairman Joe Lhota and billionaire businessman John Catsimatidis, responded to multiple requests for comment about their staffs. </p>

<p>All of the top Democrats are polling well ahead of their potential GOP rivals in hypothetical general election matchups. </p>]]></content>
	</entry>
	<entry>
		<title>Biden Brings Executive Action On Guns Back Into Focus</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/biden-executive-action-guns.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407909</id>
		<published>2013-06-18T10:00:01Z</published>
		<updated>2013-06-18T11:37:24Z</updated>
		<summary>Vice President Joe Biden plans to trumpet the administration&apos;s progress on efforts to reduce gun violence during a speech today in Washington, despite the legislative defeat handed to the White House in April by the gun lobby.</summary>
		<author>
			<name>Hunter Walker</name>
		</author>
		<category term="Gun rights" scheme="http://www.sixapart.com/ns/types#category"/>
		<category term="Joe Biden" scheme="http://www.sixapart.com/ns/types#category"/>
		<category term="gun control" scheme="http://www.sixapart.com/ns/types#category"/>
		<category term="guns" scheme="http://www.sixapart.com/ns/types#category"/>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/04/joe-biden-04-19-13-cropped-proto-custom_2.jpg">]]><![CDATA[<p>Vice President Joe Biden plans to trumpet the administration's progress on efforts to reduce gun violence during a speech today in Washington, despite the legislative defeat handed to the White House in April by the gun lobby.</p>]]><![CDATA[<p>Three senior administration officials said Monday that Biden will focus on the <a href="http://livewire.talkingpointsmemo.com/entry/obamas-23-planned-executive-actions-on-guns">23 executive actions</a> signed by President Obama in January in response to the elementary school massacre in Newtown, Conn. Of those, the officials said in a conference call with reporters, the vice president will point to 21 of which the administration has either completed or made significant progress on. A report being released by the administration will also detail that progress.</p>

<p>The two executive actions that remain uncompleted, the officials said, are a plan to improve mental health coverage, and the confirmation of a director for the Bureau of Alcohol, Tobacco, Firearms and Explosives. President Obama has nominated interim ATF Director B. Todd Jones to take the position on a permanent basis, and the nomination is currently being considered by the Senate.</p>

<p>"It's time for Congress to act," the progress report being released today says. "The Senate should now act swiftly to confirm him."</p>

<p>The executive actions were among the most hyper-charged points of the debate over gun control in the wake of Newtown. Rep. Steve Stockman (R-TX) suggested <a href="http://tpmdc.talkingpointsmemo.com/2013/01/impeach-obama-guns-steve-stockman.php">impeaching Obama</a> over the actions, and Sen. Rand Paul (R-KY) said he planned to find ways to <a href="http://tpmdc.talkingpointsmemo.com/2013/01/rand-paul-nullify-obama-gun.php">nullify them</a>. Since then, however, the outrage largely faded as the debate moved into other areas.</p>

<p>On one of those other fronts on Monday, officials on the call declined to discuss whether there had been any breakthroughs on reviving the Senate's bipartisan compromise to extend background checks on gun sales. The legislation, which was championed by gun control advocates, died in April amid intense lobbying from the National Rifle Association and other pro-gun groups.</p>

<p>In his speech, Biden plans to press on the need to get Congress back in the game for stronger gun control measures beyond what the administration can accomplish on its own. "The President, the vice president, [and] other senior members of the team at the White House are engaged with members of Congress on this issue," one of the officials said.</p>

<p>"What the vice president will make clear tomorrow is that these unilateral measures are in no way a replacement for concrete legislative actions, which is why we're engaged in so many conversations with members of Congress," an official said. "We're engaged in trying to strengthen the political dynamics of the situation where we can actually have legislation that will tighten and strengthen background checks."</p>

<p>The officials on the call also did not provide any information about which members of Congress have been having meetings with the White House on background checks or whether any are prepared to change their vote should the issue resurface. However, one of the officials said there was "an indication" that the "dynamics of that political conversation are changing" over the push for the background check bill and after its failure. </p>

<p>"The backlash that we saw, politically speaking, at the grassroots level was not against Democrats who supported a commonsense, comprehensive measure to strengthen background checks," the senior administration official said. "Instead, we saw a pretty <a href="http://tpmdc.talkingpointsmemo.com/2013/04/poll-backlash-senators-background-checks.php">intense backlash</a> against some Democrats and some Republicans who had voted against extending those background checks." </p>

<p>View the Obama administration's report on the executive actions below. </p>

<p  style=" margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block;">   <a title="View Executive Actions Progress Report on Scribd" href="http://www.scribd.com/doc/148506918/Executive-Actions-Progress-Report"  style="text-decoration: underline;" >Executive Actions Progress Report</a></p><iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/148506918/content?start_page=1&view_mode=scroll&show_recommendations=true" data-auto-height="false" data-aspect-ratio="undefined" scrolling="no" id="doc_52878" width="100%" height="600" frameborder="0"></iframe>
]]></content>
	</entry>
	<entry>
		<title>Senate Intel Committee Blocks Former Staffer From Talking To Press About Oversight Process</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/senate-committee-silences-former-aide-who-attempted-to-criticize-congressional-intelligence-oversigh.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407896</id>
		<published>2013-06-18T04:00:01Z</published>
		<updated>2013-06-18T10:04:51Z</updated>
		<summary>The Senate Intelligence Committee quashed a former aide&apos;s attempt to provide TPM with an unvarnished view of the oversight process. </summary>
		<author>
			<name>Brian Beutler</name>
			<uri>http://www.brianbeutler.com</uri>
		</author>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/06/Dianne-Feinstein-new-cropped-proto-custom_2.jpg">]]><![CDATA[<p>The Senate Select Committee on Intelligence has taken the unusual step of actively blocking a former committee aide from talking to TPM about congressional oversight of the intelligence community. At issue isn't classified sources and methods of intelligence gathering but general information about how the committee functions -- and how it should function. The committee's refusal to allow former general counsel Vicki Divoll to disclose unclassified information to a reporter was the first and only time it has sought to block her from making public comments, based on her experience as one of its most senior aides, since she left Capitol Hill in 2003.</p>

<p>The committee's decision comes amid fallout from leaks of classified National Security Agency documents by ex-NSA contractor Edward Snowden. In light of the Snowden revelations about the country's secret surveillance programs, TPM was reporting a story based on interviews with members of Congress and current and former aides about the successes and pitfalls of intelligence oversight on Capitol Hill. The goal was to answer some basic questions for readers: How does a classified process differ from public oversight? What challenges do the combination of government secrecy, classified briefings, and strict committee protocols present to legislators trying to control the nation's sprawling intelligence apparatus?</p>]]><![CDATA[<p>Divoll served as a senior aide on the committee from 2000-2003, including two years as its general counsel. Before that, from 1995-2000 she was assistant general counsel for the Central Intelligence Agency, where she also served as deputy legal adviser to the agency's Counterterrorism Center. After leaving the Senate, Divoll was a fellow at the Harvard Institute of Politics and an adjunct professor at the Naval Academy. She has been regularly cited by reporters in news stories, penned op-eds on counterterrorism and civil liberties, and appeared on television. </p>

<p>The ground rules for the interview were that it would be conducted off the record, but only temporarily, to give Divoll an opportunity to review the accuracy of the quotes she provided, and that those would be placed back on the record.</p>

<p>While Divoll remains legally barred from disclosing classified information, she is also still subject to a non-disclosure agreement with the Senate Intelligence Committee that bars her from discussing committee-sensitive business. Out of an abundance of caution, Divoll also conferred with the committee on Friday about her interview with TPM. She anticipated that the committee would approve the interview, noting that in her post-government career, both the committee and the CIA had never done more than request minor tweaks when she brought them pieces of her writing for pre-publication review.</p>

<p>This, she believed, would be a similar process.</p>

<p>But for the first time in her career, the committee took the extraordinary step, on a bipartisan basis, of declaring the interview's entire contents a violation of her non-disclosure agreement and effectively forbade her from putting any of it on the record. </p>

<p>"The committee has reviewed your submission ... and objected to any publication of the information contained therein," she was told.</p>

<p>Specifically the committee claimed the information she provided TPM was both "out of date" and "committee sensitive."</p>

<p>Angered by the committee's decision, Divoll sought Friday to have it reversed. The committee declined. TPM agreed to honor her request that we leave her comments off the record.</p>

<p>The fact that the Committee is so sensitive about disclosing not only sensitive national security information, but also the nature by which elected officials are allowed to oversee the intelligence community, is a testament to the extreme levels of secrecy tied to the entire process.</p>

<p>In an interview Monday afternoon, an SSCI spokesman explained and defended the committee's decision.</p>

<p>"I would say that it is pretty uncommon that we would decline a pre-publication review," the spokesman said. "And the most direct reason is that most submissions that we get for review don't contain this kind of information."</p>

<p>That's a reference to "committee sensitive" information, as defined in the panel's official rules. Those rules spell out the kinds of disclosures that qualify as "committee sensitive" -- documents in the committee's possession and events that transpire in committee meetings -- but they also empower the chair and vice chair or their designees to declare documents and information "committee sensitive" as they see fit on a case-by-case basis.</p>

<p>Most of Divoll's statements to TPM, however, tracked closely with information gleaned from other sources, and the public record.</p>

<p>Among the insights Divoll shared with us was the important role that staff can and should play in oversight of the executive branch's intelligence activities.</p>

<p>Feinstein herself addressed this issue on June 9 in an appearance on ABC News.<br />
"We had an intelligence committee meeting on Thursday [June 6], which I opened up to everybody and 27 senators came. You know, we informed them that every senator, the material is available. They can come and see it. One of the strictures with how they classified stuff is no staff. I think that should be changed so that intelligence committee staff can come in with the member and go over and review the material."</p>

<p>Likewise, one of the committee's current members, and its former chairman, Sen. Jay Rockefeller (D-WV), provided TPM a statement on Thursday suggesting in broad strokes that the oversight process could be improved.</p>

<p>"We've learned from the past that there's a right way and a wrong way to give Congress the information we need to make decisions about our laws and policies, but I think we're still a work in progress when it comes to the level of transparency needed for meaningful exchange about ongoing activities," Rockefeller said. "The Bush Administration launched programs without any legal authority at all and then would show just the Intelligence Committee chairs and vice chairs a few perfunctory flip-charts - which we weren't allowed to discuss even with each other -- just so they could later claim 'Congress was briefed.' That created a deep distrust, and for me some skepticism lingers. It took years of wrangling with the intelligence community to open briefings up to more Senators, and there is still a lot of resistance to sharing information more broadly and with the public. But the process works far better today than in the past. The FISA law we passed requires multiple regular reports from the agencies, so if we see irregularities or areas of concern, we can pursue those."</p>

<p>Rockefeller's recollections and perspective are highly compatible with Divoll's as well.</p>

<p>The committee spokesman said Divoll could have modified her statements to TPM and resubmitted them to the committee.</p>

<p>"We have done that in other cases in the past," he said.</p>

<p>Reached Monday, though, Divoll insisted she was provided no opportunity for revision. "In the past if changes were necessary, those were requested," she said.</p>

<p>Our reporting yielded other, more specific details about the nature of intelligence oversight and intelligence committee legislating that we hope to share with you in a future article.</p>]]></content>
	</entry>
	<entry>
		<title>FACEOFF: Obama And Snowden &apos;Debate&apos; NSA Surveillance Programs</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/obama-and-snowden-debate-nsa-surveillance-programs.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407906</id>
		<published>2013-06-17T21:11:35Z</published>
		<updated>2013-06-18T03:50:51Z</updated>
		<summary>Edward Snowden, the self-proclaimed source of recently leaked top secret National Security Agency documents, took reader questions in an online Q&amp;A with The Guardian on Monday, revealing why he fled to Hong Kong and elaborating on his reasons for information...</summary>
		<author>
			<name>Igor Bobic</name>
		</author>
		<category term="Barack Obama" scheme="http://www.sixapart.com/ns/types#category"/>
		<category term="Edward Snowden" scheme="http://www.sixapart.com/ns/types#category"/>
		<category term="NSA" scheme="http://www.sixapart.com/ns/types#category"/>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/04/obama-oval-close-AP286501404477-cropped-proto-custom_2.jpg">]]><![CDATA[<p>Edward Snowden, the self-proclaimed source of recently leaked top secret National Security Agency documents, took reader questions in an online <a href="http://www.guardian.co.uk/world/2013/jun/17/edward-snowden-nsa-files-whistleblower">Q&A</a> with The Guardian on Monday, revealing why he fled to Hong Kong and elaborating on his reasons for information about the government's classified surveillance programs.</p>

<p>In a separate interview, the man whom Snowden faulted for failing to live up to his campaign promises, <a href="http://www.politico.com/story/2013/06/edward-snowden-blames-obama-92901.html">including closing Guantanamo Bay</a>, sat down with <a href="http://www.charlierose.com/">Charlie Rose</a> to defend what he calls a "transparent" tactic necessary in order to maintain America's security. That interview with President Barack Obama airs Monday at 11 p.m. on PBS.</p>

<p>TPM excerpted portions of Snowden's Q&A in contrast with the President's interview, courtesy of a transcript published by <a href="http://www.buzzfeed.com/buzzfeedpolitics/president-obama-defends-nsa-spying">Buzzfeed</a>, below.</p>

<p><br />
</p>]]><![CDATA[<p><strong>How and to what extent the U.S. government collects data:</strong></p>

<p>Snowden:</p>

<blockquote>More detail on how direct NSA's accesses are is coming, but in general, the reality is this: if an NSA, FBI, CIA, DIA, etc analyst has access to query raw SIGINT databases, they can enter and get results for anything they want. Phone number, email, user id, cell phone handset id (IMEI), and so on - it's all the same. The restrictions against this are policy based, not technically based, and can change at any time. Additionally, audits are cursory, incomplete, and easily fooled by fake justifications. For at least GCHQ, the number of audited queries is only 5% of those performed.</blockquote>

<p>Obama:</p>

<blockquote>There are two programs that were revealed by Mr. Snowden, allegedly, since there's a criminal investigation taking place, and they caused all the ruckus. Program number one, called the 2015 Program, what that does is it gets data from the service providers like a Verizon in bulk, and basically you have call pairs. You have my telephone number connecting with your telephone number. There are no names. There is no content in that database. All it is, is the number pairs, when those calls took place, how long they took place. So that database is sitting there. Now, if the NSA through some other sources, maybe through the FBI, maybe through a tip that went to the CIA, maybe through the NYPD. Get a number that where there's a reasonable, articulable suspicion that this might involve foreign terrorist activity related to Al-Qaeda and some other international terrorist actors. Then, what the NSA can do is it can query that database to see -- did any of the -- did this number pop up? Did they make any other calls? And if they did, those calls will be spit out. A report will be produced. It will be turned over to the FBI. At no point is any content revealed because there's no content that ... if, in fact, it now wants to get content; if, in fact, it wants to start tapping that phone -- it's got to go to the FISA court with probable cause and ask for a warrant.</blockquote>

<p><strong>Whether the leak harmed U.S. national security:</strong></p>

<p>Snowden:</p>

<blockquote>I did not reveal any US operations against legitimate military targets. I pointed out where the NSA has hacked civilian infrastructure such as universities, hospitals, and private businesses because it is dangerous. These nakedly, aggressively criminal acts are wrong no matter the target. Not only that, when NSA makes a technical mistake during an exploitation operation, critical systems crash. Congress hasn't declared war on the countries - the majority of them are our allies - but without asking for public permission, NSA is running network operations against them that affect millions of innocent people. And for what? So we can have secret access to a computer in a country we're not even fighting? So we can potentially reveal a potential terrorist with the potential to kill fewer Americans than our own Police? No, the public needs to know the kinds of things a government does in its name, or the "consent of the governed" is meaningless.</blockquote>

<p>Obama:</p>

<blockquote>I'm not going to comment on prosecution.... The case has been referred to the DOJ for criminal investigation... and possible extradition. I will leave it up to them to answer those questions.</blockquote>

<p><strong>Surveillance on domestic v. foreign individuals</strong></p>

<blockquote>US Persons do enjoy limited policy protections (and again, it's important to understand that policy protection is no protection - policy is a one-way ratchet that only loosens) and one very weak technical protection - a near-the-front-end filter at our ingestion points. The filter is constantly out of date, is set at what is euphemistically referred to as the "widest allowable aperture," and can be stripped out at any time. Even with the filter, US comms get ingested, and even more so as soon as they leave the border. Your protected communications shouldn't stop being protected communications just because of the IP they're tagged with.

<p>More fundamentally, the "US Persons" protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it's only victimizing 95% of the world instead of 100%. Our founders did not write that "We hold these Truths to be self-evident, that all US Persons are created equal."</blockquote></p>

<blockquote>...remember that just because you are not the target of a surveillance program does not make it okay. The US Person / foreigner distinction is not a reasonable substitute for individualized suspicion, and is only applied to improve support for the program. This is the precise reason that NSA provides Congress with a special immunity to its surveillance.</blockquote>

<p>Obama:</p>

<blockquote>What I can say unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls, and the NSA cannot target your emails ... and have not. They cannot and have not, by law and by rule, and unless they -- and usually it wouldn't be "they," it'd be the FBI -- go to a court, and obtain a warrant, and seek probable cause, the same way it's always been, the same way when we were growing up and we were watching movies, you want to go set up a wiretap, you got to go to a judge, show probable cause....
So point number one, if you're a U.S. person, then NSA is not listening to your phone calls and it's not targeting your emails unless it's getting an individualized court order. That's the existing rule.</blockquote>

<p><strong>Dick Cheney:</strong></p>

<p>Snowden:</p>

<blockquote>[I]t's important to bear in mind I'm being called a traitor by men like former Vice President Dick Cheney. This is a man who gave us the warrantless wiretapping scheme as a kind of atrocity warm-up on the way to deceitfully engineering a conflict that has killed over 4,400 and maimed nearly 32,000 Americans, as well as leaving over 100,000 Iraqis dead. Being called a traitor by Dick Cheney is the highest honor you can give an American, and the more panicked talk we hear from people like him, Feinstein, and King, the better off we all are. If they had taught a class on how to be the kind of citizen Dick Cheney worries about, I would have finished high school.</blockquote>

<p>Obama:</p>

<blockquote>It is transparent. That's why we set up the FISA court....The whole point of my concern, before I was president -- because some people say, "Well, you know, Obama was this raving liberal before. Now he's, you know, Dick Cheney." Dick Cheney sometimes says, "Yeah, you know? He took it all lock, stock, and barrel." My concern has always been not that we shouldn't do intelligence gathering to prevent terrorism, but rather are we setting up a system of checks and balances? So, on this telephone program, you've got a federal court with independent federal judges overseeing the entire program. And you've got Congress overseeing the program, not just the intelligence committee and not just the judiciary committee -- but all of Congress had available to it before the last reauthorization exactly how this program works.</blockquote>

<p><strong>Whether NSA programs foiled Najibullah Zazi's NYC subway bomb plot:</strong></p>

<p>Snowden:</p>

<blockquote>US officials say this every time there's a public discussion that could limit their authority. US officials also provide misleading or directly false assertions about the value of these programs, as they did just recently with the Zazi case, which court documents clearly show was not unveiled by PRISM.

<p>Journalists should ask a specific question: since these programs began operation shortly after September 11th, how many terrorist attacks were prevented SOLELY by information derived from this suspicionless surveillance that could not be gained via any other source? Then ask how many individual communications were ingested to acheive that, and ask yourself if it was worth it. Bathtub falls and police officers kill more Americans than terrorism, yet we've been asked to sacrifice our most sacred rights for fear of falling victim to it.</blockquote></p>

<p>Obama:</p>

<blockquote>The one thing people should understand about all these programs though is they have disrupted plots, not just here in the United States but overseas as well. And, you know, you've got a guy like Najibullah Zazi, who was driving cross country trying to blow up a New York subway system. Now, we might have caught him some other way. We might have disrupted it because a New York cop saw he was suspicious. Maybe he turned out to be incompetent and the bomb didn't go off. But at the margins we are increasing our chances of preventing a catastrophe like that through these programs. And then the question becomes, "Can we trust all the systems government enough as long as they're checking each other that our privacy is not being abused, that we are able to prevent some of the tragedies that unfortunately there are people out there who are going to continue to try to -- try to strike against us.</blockquote>

<p><strong>What the U.S. government ought to do next:</strong></p>

<p>Snowden:</p>

<blockquote>This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. </blockquote>

<p>Obama:</p>

<blockquote>So, you asked, what should we do? ...What I've said is -- is that what is a legitimate concern -- a legitimate critique -- is that because these are classified programs -- even though we have all these systems of checks and balances, Congress is overseeing it, federal courts are overseeing it -- despite all that, the public may not fully know. And that can make the public kind of nervous, right? Because they say, "Well, Obama says it's okay -- or Congress says it's okay. I don't know who this judge is. I'm nervous about it." What I've asked the intelligence community to do is see how much of this we can declassify without further compromising the program, number one. And they are in that process of doing so now so that everything that I'm describing to you today, people, the public, newspapers, etc., can look at because frankly, if people are making judgments just based on these slides that have been leaked, they're not getting the complete story.
Number two. I've stood up a privacy and civil liberties oversight board, made up of independent citizens including some fierce civil libertarians. I'll be meeting with them. And what I want to do is to set up and structure a national conversation, not only about these two programs, but also the general problem of data, big data sets, because this is not going to be restricted to government entities.</blockquote>
]]></content>
	</entry>
	<entry>
		<title>Ted Cruz Plans Immigration Amendment To Reverse Supreme Court Ruling On Voter Registration</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/ted-cruz-voter-id-immigration-amendment.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407905</id>
		<published>2013-06-17T20:48:00Z</published>
		<updated>2013-06-17T20:57:17Z</updated>
		<summary>In an effort to counteract a Supreme Court decision Monday, Sen. Ted Cruz (R-TX) said he intends to file an amendment to immigration reform legislation that allows states to require proof of citizenship to register to vote. He billed his...</summary>
		<author>
			<name>Sahil Kapur</name>
		</author>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/05/ted-cruz-AP678445342751-cropped-proto-custom_2.jpg">]]><![CDATA[<p>In an effort to counteract a Supreme Court <a href="http://tpmdc.talkingpointsmemo.com/2013/06/supreme-court-arizona-inter-tribal-council.php">decision</a> Monday, Sen. Ted Cruz (R-TX) said he intends to file an amendment to immigration reform legislation that allows states to require proof of citizenship to register to vote.</p>

<p>He billed his amendment as a response to the 7-2 decision in <em>Arizona v. Inter Tribal Council</em>, which <a href="http://tpmdc.talkingpointsmemo.com/2013/06/supreme-court-arizona-inter-tribal-council.php">struck down an Arizona law</a> that required people to prove their citizenship in order to register to vote. The Court held that the state law was in violation of federal law.</p>

<p>"This hole in federal statutory law allows non-citizens to register and thereby encourages voter fraud," Cruz wrote on his <a href="https://www.facebook.com/SenatorTedCruz/posts/386143721497934">Facebook page</a>. "I will file a commonsense amendment to the immigration bill that permits states to require I.D. before registering voters."</p>]]><![CDATA[<p>Cruz's spokeswoman said the language of the amendment hasn't been drafted, but she made clear that it "will specify that the federal Motor Voter law does not preempt state laws that require ID for voter registration."</p>

<p>"The intent is to be sure states can pass laws ensuring only citizens can vote in order to limit voter fraud," Cruz spokeswoman Catherine Frazier said in an email. "To make sure people are who they say they are."</p>

<p>The amendment to immigration legislation has the potential to divide pro-reform senators, as the issue of voter ID laws tends to break down largely along party lines. Cruz has supported elements of reform to overhaul and expand legal immigration but strongly opposes a path to citizenship for people in the country illegally.</p>

<p>The 1993 National Voter Registration Act requires states to accept a federal form that lets people register to vote by attesting under oath that they are citizens. The Court's decision Monday said it preempts state laws like the Arizona statute in question.</p>

<p>Cruz promoted his upcoming amendment on Twitter:</p>

<blockquote class="twitter-tweet"><p>I&#39;ll file amendment to immigration bill that permits states to require ID before registering voters &amp; close this hole in fed statutory law.</p>&mdash; Senator Ted Cruz (@SenTedCruz) <a href="https://twitter.com/SenTedCruz/statuses/346694498652418048">June 17, 2013</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>]]></content>
	</entry>
	<entry>
		<title>SCOTUS Slams Door On Proof-Of-Citizenship State Laws</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/supreme-court-arizona-inter-tribal-council.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407885</id>
		<published>2013-06-17T16:15:00Z</published>
		<updated>2013-06-17T19:57:04Z</updated>
		<summary>The Supreme Court on Monday overturned an Arizona law that required proof of citizenship to register to vote, declaring that state efforts of the sort are trumped by a federal statute commonly known as the &quot;motor voter&quot; law. The National...</summary>
		<author>
			<name>Sahil Kapur</name>
		</author>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/06/arizona-voters-ap-cropped-proto-custom_2.jpg">]]><![CDATA[<p>The Supreme Court on Monday overturned an Arizona law that required proof of citizenship to register to vote, declaring that state efforts of the sort are trumped by a federal statute commonly known as the "motor voter" law.</p>

<p>The National Voter Registration Act of 1993 required states to accept a voter registration form that lets people register to vote when renewing their driver's license or applying for social services. The registration form requires prospective voters to attest that they are U.S. citizens but doesn't require them to provide proof of citizenship. The Court concluded that Arizona may not require such additional information.</p>

<p>The 7-2 decision in <em>Arizona v. Inter Tribal Council</em> was written by Justice Antonin Scalia. Justices Clarence Thomas and Samuel Alito dissented from the majority.<br />
</p>]]><![CDATA[<p>"We hold that [federal law] precludes Arizona from requiring a Federal Form applicant to submit information beyond hat required by the form itself," Scalia wrote for the court.</p>

<p>Progressive legal advocates had warned that the Arizona law would place undue burdens on minority groups. They hailed the decision as a victory for voting rights.</p>

<p>"Voters scored a huge victory today," said Wendy Weiser, the director of New York University's Brennan Center for Justice. "We applaud the Supreme Court for confirming Congress's power to protect the right to vote in federal elections."</p>

<p>Arizona's Proposition 200 was adopted by the voters in 2004. Copycat laws in three other states -- Alabama, Georgia and Kansas -- may also be in trouble. The three states supported Arizona's argument that the NVRA form is insufficient to guard against voter fraud.</p>

<p>"Today's decision means that these laws are preempted by the National Voter Registration Act," said David Gans, the civil rights director of the Constitutional Accountability Center, a liberal law group. He noted that Alabama's brief argued that its voter law and laws in other states were "verbatim replicas" of the Arizona statute.</p>

<p>"Under Justice Scalia's analysis, these copycat provisions are inconsistent with Congress' efforts, using its Elections Clause authority, to streamline the registration process and prevent states from denying citizens the right to register to vote in federal elections," Gans argued. "I think we can expect to see voters in these other states using today's opinion to strike down these replicas of the Arizona law struck down today."</p>

<p>During oral arguments back in March, <a href="http://tpmdc.talkingpointsmemo.com/2013/03/scalia-sotomayor-clash-voting-case-arizona.php">Scalia wondered aloud</a> why Arizona didn't challenge the NVRA directly. A silver lining for proponents of proof-of-citizenship laws is that his majority opinion noted that the state is free to challenge the broader requirement that states accept the federal voter registration form.</p>

<p>"Arizona may, however, request anew that the [Election Assistance Commission] include such a requirement among the Federal Form's state-specific instructions, and may seek judicial review of the EAC's decision under the Administrative Procedure Act," he wrote.</p>

<p>Alito argued in his dissent that Congress was less than clear about what the NVRA requires, concluding that the relevant portions of the law hold that "the States need not treat the federal form as a complete voter registration application."</p>

<p  style=" margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block;">   <a title="View Supreme Court Arizona Inter Tribal Council on Scribd" href="http://www.scribd.com/doc/148354427/Supreme-Court-Arizona-Inter-Tribal-Council"  style="text-decoration: underline;" >Supreme Court Arizona Inter Tribal Council</a></p><iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/148354427/content?start_page=1&view_mode=scroll&show_recommendations=true" data-auto-height="false" data-aspect-ratio="undefined" scrolling="no" id="doc_99871" width="100%" height="600" frameborder="0"></iframe>]]></content>
	</entry>
	<entry>
		<title>How Little We Still Know About The NSA&apos;s PRISM Program</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/nsa-prism-technology-companies-surveillance-fisa.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407846</id>
		<published>2013-06-15T15:10:42Z</published>
		<updated>2013-06-15T15:10:50Z</updated>
		<summary>Many of the companies linked to the NSA&apos;s PRISM data collection program have issued statements denying they gave any government agency direct access to users&apos; information, but there are lingering doubts about their exact role in the classified data collection program. </summary>
		<author>
			<name>Hunter Walker</name>
		</author>
		<category term="NSA" scheme="http://www.sixapart.com/ns/types#category"/>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/06/nsa-facebook-servers-cropped-proto-custom_2.jpg">]]><![CDATA[<p>Over a week after the <a href="http://www.guardian.co.uk/world/2013/jun/06/us-tech-giants-nsa-data">Guardian</a> and the <a href="http://www.washingtonpost.com/investigations/us-intelligence-mining-data-from-nine-us-internet-companies-in-broad-secret-program/2013/06/06/3a0c0da8-cebf-11e2-8845-d970ccb04497_story.html">Washington Post</a> first reported that leaked documents showed the National Security Agency accessed user data from nine major tech companies, the extent of those businesses' involvement in the surveillance program is still far from clear. Though many of the companies linked to the program quickly issued strongly-worded statements denying they gave any government agency direct access to users' information, experts say questions remain about their exact role in the classified PRISM data collection program. </p>]]><![CDATA[<p>Elizabeth Goitein is an attorney who previously served on the staff of former Sen. Russ Feingold (D-WI) and currently is <a href="http://www.brennancenter.org/expert/elizabeth-liza-goitein">co-director of the Liberty and National Security Program</a> at NYU law school's Brennan Center for Justice. In light of the documents leaked to the press, Goitein told TPM the tech companies' claim that they did not participate in the NSA's data collection program is "a head scratcher."</p>

<p>"It's got to be ... one of three things. Either they are lying because they don't want to lose customers, or ... it's something the government has done without their knowledge, ... or they felt compelled by the terms of their non-disclosure agreement to say that," Goitein said. "Some of them are saying, 'We never gave the government access.' ... It doesn't seem very plausible. Frankly, none of them seem plausible."</p>

<p>Nate Cardozo believes there is another possibility. </p>

<p>Cardozo is <a href="https://www.eff.org/about/staff/nate-cardozo">staff attorney</a> with the "digital civil liberties team" of the Electronic Frontier Foundation, a group dedicated to "defending free speech, privacy, innovation, and consumer rights." EFF has filed lawsuits over NSA surveillance programs (a <a href="http://boingboing.net/2013/06/10/where-to-get-an-eff-laptop-sti.html">photo</a> of NSA leaker Edward Snowden shows an EFF sticker on his laptop). Cardozo pointed to the fact many of the statements from the tech companies named in the PRISM documents contained similar language about "direct access." According to Cardozo, this means the denials could be correct from a "technical perspective" and "an engineering perspective" while still hiding the businesses' cooperation with the NSA. </p>

<p>To make his point, Cardozo pointed to the NSA's use of divers during the Cold War to <a href="http://en.wikipedia.org/wiki/Operation_Ivy_Bells">tap underwater Soviet phone lines</a> and to a pending <a href="https://www.eff.org/cases/jewel">2008 EFF lawsuit</a> against the NSA that alleges the agency installed a device in a "secret room" at an AT&T facility in San Francisco to listen to incoming calls. Cardozo argued that if the NSA used similar tactics to extract data from tech companies it would not necessarily constitute "direct access." </p>

<p>"It's not direct access to the servers, what it is is a sniffer on the line," Cardozo said.  </p>

<p>Cardozo also identified another way the companies could have cooperated with the agency that would not have constituted "direct access" to their servers. </p>

<p>"Say that the secret room with the splitter isn't at the Google facility. Let's say it's at an AT&T facility. The NSA at the AT&T facility can see all of the Google traffic, but it's all encrypted," Cardozo explained. "If the cooperation from the company is handing over the Google private key so the NSA can read all of that data. ... That is absolutely cooperation, but it's certainly not direct access."</p>

<p>TPM asked all of nine tech companies named in the PRISM documents whether they could confirm they had not engaged in the specific activities described by Cardozo. Yahoo!, Paltalk, Microsoft (which owns Skype), and Facebook all referred us to their previous statements. AOL and Apple did not respond. A spokesperson for Google (which owns YouTube) told TPM the company has not given private keys to "any government" but did not specifically respond to the question of whether it allowed the NSA to install equipment in its facilities.</p>

<p>"We don't provide our encryption keys to any government. We believe we're an industry leader in providing strong encryption, along with other security safeguards and tools," the Google spokesperson said by email Friday. </p>

<p>An executive at another tech firm cast doubt on Cardozo's theories. </p>

<p>Ben Adida is the <a href="http://ben.adida.net/bio/">director of the Identity Group at Mozilla</a>, a company that produces several software products including the Firefox browser and mobile operating system. Based on the budget for PRISM listed in the <a href="http://www.washingtonpost.com/wp-srv/special/politics/prism-collection-documents/?hpid=z1">leaked documents</a>, Adida told TPM it would not be feasible for the government to be using a splitter or private keys to access all of the information coming through the companies' datacenters. </p>

<p>"The splitter would imply that the government has set up infrastructure that is comparable to Google's to handle all that traffic and all that data. ... Last I checked the slide set mentioned a budget of $20 million, so that doesn't match," Adida said, suggesting it would cost far more than that for the government to maintain such an infrastructure. </p>

<p>More likely, Adida said the documents leaked to the press detail an NSA program to streamline its processes for requesting data from tech companies under warrants <a href="http://www.nytimes.com/2013/06/14/technology/secret-court-ruling-put-tech-companies-in-data-bind.html?pagewanted=all&_r=4&">issued by the secretive Foreign Intelligence Surveillance Court</a>, which was created by the Foreign Intelligence Surveillance Act. </p>

<p>"I know these systems pretty well," said Adida. "My speculation is that these companies have set up automated systems for FISA requests to be sent to them and then automated systems for returning the data in some kind of standard fashion back to the requesters." </p>

<p>The <a href="http://www.nytimes.com/2013/06/08/technology/tech-companies-bristling-concede-to-government-surveillance-efforts.html?_r=0">New York Times</a> has described the program in similar terms. "The data shared in these ways, the people said, is shared after company lawyers have reviewed the FISA request according to company practice," the paper reported. "It is not sent automatically or in bulk, and the government does not have full access to company servers. Instead, they said, it is a more secure and efficient way to hand over the data."</p>

<p>As long as this exchange included a human gatekeeper processing the requests for the tech companies to ensure they were not overly broad and involved "proper due process," Adida said the program would "be OK." However, given the high level of secrecy surrounding this program, Adida noted it's impossible to know whether a hypothetical FISA request system is being handled properly or if PRISM entails something more far-reaching. Because of this, Adida argued it is in the best interests of both tech companies and the government to be more transparent in order to avoid being seen as sinister by the public. <br />
 <br />
"We don't have enough data to tell. My sense is those things are not happening, but I think the concern is that I can't tell you that for sure and I can't say for sure that the most paranoid folks are wrong," said Adida. "We need more transparency in what's going on. ... We should build trustworthiness in these deliberations between users and web services. That's critical." </p>

<p>Adida said that the "very strong denials" issued by the tech companies implicated in the leaked documents and the fact that Microsoft, Google, Yahoo!, Facebook, and Twitter have <a href="http://www.guardian.co.uk/world/2013/jun/12/microsoft-twitter-rivals-nsa-requests">joined together</a> to ask the government to allow them to release more details about the FISA requests they receive makes him "optimistic" that the program is not as sweeping as early reports suggested. </p>

<p>"That's huge. That is a really big deal to see these companies wanting to be more transparent. I think that's how we solve this problem," Adida said. </p>

<p>Mozilla has not yet received FISA requests. Adida claimed this is because the company stores "very little data" about its users. However, Adida said he believes government investigators might become more focused on the company in the future as it launches more products that allow users to access data from different locations. </p>

<p>Because of this, on Tuesday, Mozilla <a href="https://blog.mozilla.org/blog/2013/06/11/stopwatching-us-mozilla-launches-massive-campaign-on-digital-surveillance/">launched "StopWatching.US,"</a> a campaign to call for greater transparency and accountability in the monitoring of "online data, communications and interactions." A diverse coalition has signed on to support that effort including groups affiliated with the hacker collective Anonymous and the Tea Party. Adida had a simple explanation for his company's desire to bring the transparency to the FISA process.</p>

<p>"While we may not be the target today, we may well be in the future," he said.   </p>]]></content>
	</entry>
	<entry>
		<title>Paul Ryan: The Mythical Promise Of Obamacare Doomed Me And Mitt Romney</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/paul-ryan-obamacare-helped-obama-defeat-romney.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407837</id>
		<published>2013-06-14T17:10:00Z</published>
		<updated>2013-06-14T17:24:18Z</updated>
		<summary>Former vice presidential candidate Paul Ryan told conservatives Friday that Obamacare helped President Obama defeat Mitt Romney in the 2012 election, decrying the &quot;empty promises&quot; of the law that hadn&apos;t yet been implemented. &quot;This was our challenge that Mitt Romney...</summary>
		<author>
			<name>Sahil Kapur</name>
		</author>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/06/romney-ryan-ap-cropped-proto-custom_2.jpg">]]><![CDATA[<p>Former vice presidential candidate Paul Ryan told conservatives Friday that Obamacare helped President Obama defeat Mitt Romney in the 2012 election, decrying the "empty promises" of the law that hadn't yet been implemented.</p>

<p>"This was our challenge that Mitt Romney and I had in this last election," Ryan said in a speech at the annual Faith and Freedom Coalition conference in Washington, DC. "We had to argue against the promise and the rhetoric of President Obama. The great soaring rhetoric, all of the empty promises."</p>]]><![CDATA[<p>"Remember in his first term, in his first two years, he passed his program but didn't implement his program," he said. "Now in the second term, we are seeing it implemented and it's pretty darn ugly. We are seeing the assault on our liberties."</p>

<p>The Republican congressman from Wisconsin and House Budget Committee chairman went on to argue that the Affordable Care Act was an example of "big government assaulting our First Amendment rights" when it comes to religious liberty.</p>

<p>He cited the mandate under the law that employer health insurance plans include contraception without co-payments for female employees -- a rule that was announced early in 2012 and became an issue in the presidential campaign.</p>

<p>"Obamacare says that if you believe in the social teaching of your Church, if you disagree, you know, with abortifacients, abortion-inducing drugs, it doesn't matter," Ryan said. "This is what the federal government is demanding." (The rule he was referring to involves contraceptives, which prevent -- not terminate -- pregnancies.)</p>]]></content>
	</entry>
	<entry>
		<title>Baucus, Camp Won&apos;t Answer Basic Tax Reform Questions</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/baucus-camp-tax-reform.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407825</id>
		<published>2013-06-14T15:20:00Z</published>
		<updated>2013-06-14T15:42:53Z</updated>
		<summary>The bipartisan duo of Sen. Max Baucus (D-MT) and Rep. Dave Camp (R-MI) frequently discuss their optimism for passing comprehensive tax reform by the end of next year -- an ambitious goal that Congress last achieved in 1986. &quot;Stay tuned,&quot;...</summary>
		<author>
			<name>Sahil Kapur</name>
		</author>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/06/camp-baucus-monitor-cropped-proto-custom_2.jpg">]]><![CDATA[<p>The bipartisan duo of Sen. Max Baucus (D-MT) and Rep. Dave Camp (R-MI) frequently discuss their optimism for passing comprehensive tax reform by the end of next year -- an ambitious goal that Congress last achieved in 1986.</p>

<p>"Stay tuned," Baucus told a room full of reporters Friday. "It's coming."</p>

<p>But the chairmen of the two powerful tax-writing committees -- Baucus chairs the Senate Finance Committee and Camp chairs the House Ways & Means Committee -- will not provide answers to the most basic questions about tax reform, including which tax breaks they would get rid of and whether reform would raise any net revenue.</p>

<p>At a Washington breakfast Friday organized by the Christian Science Monitor, Baucus and Camp were asked by a reporter to name one tax expenditure they'd be willing to limit or eliminate as part of their reform package. Neither would name a single one.</p>

<p>"I do have those but I'm not going to reveal it today," Camp laughed.</p>

<p>Baucus didn't attempt to address the question.</p>]]><![CDATA[<p>Asked if they'd be willing to scale back the home mortgage interest deduction -- one of the most expensive (and popular) tax breaks -- Camp wouldn't say. "Everything is going to be on the table. We're going to look at all of the items," he said. "If there is consensus the items are going to be reformed, and if not, it'll stay where it is."</p>

<p>But the Republican was willing to rule out one policy: "I don't support a carbon tax," he said.</p>

<p>Then there's the question of whether the overall tax reform package will raise net revenues -- a fundamental fiscal policy difference between Democrats and Republicans that has precipitated the series of near-government shutdowns and defaults since early 2011. Republicans, particularly in the House, are adamantly opposed to new revenues and Democrats promise they'll reject major fiscal reforms unless revenues are in the mix.</p>

<p>Approached by TPM after the breakfast, Camp didn't have a clear solution to that problem.</p>

<p>"I don't think it's going to be resolved until you have a bill," Camp said of the revenue divide. "Clearly we're in different places on that, but I'm not going to spend my time focused on that, because you're not going to be able to address that issue until you know what policies are behind that. Simply just a revenue increase is not going to happen."</p>

<p>Earlier in the week, TPM asked Baucus the same question, and he demurred.</p>

<p>"We haven't gotten that far yet," said Baucus, who isn't seeking reelection in 2014.</p>

<p>The lack of answers to these questions bodes ill for reform, even if Baucus and Camp -- who are among the less ideologically rigid members of their parties -- are capable of agreeing on a bill between the two of them. Beyond the divisions between Democrats and Republicans, tax reform will invariably have its share of opponents -- including from powerful, entrenched special interests who are determined to protect unpopular and unproductive tax breaks. Without a clear framework to coalesce around and fight for, the effort faces daunting odds.</p>

<p>And yet Baucus and Camp are upbeat about the prospects of success on the first major overhaul of the tax code in a generation. They've launched a website, <a href="https://taxreform.gov/">taxreform.gov</a>, and a Twitter handle, <a href="https://twitter.com/@simplertaxes">@simplertaxes</a>. They say they're planning a road trip in multiple, as yet-undecided cities to seek advice from ordinary Americans.</p>

<p>"When we say the rubber is going to hit the road -- we're going on road trips," Camp said. "We're going to travel the country and we are going to talk to business owners, families and individuals and really try to get a read from the country."</p>]]></content>
	</entry>
	<entry>
		<title>Liberals Love Pope Francis&apos; Passion For Social Justice</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/liberals-love-pope-francis.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407772</id>
		<published>2013-06-14T10:00:52Z</published>
		<updated>2013-06-14T10:17:47Z</updated>
		<summary>The new Pope&apos;s passion for social justice and lifting up the poor has already earned him the adoration of American liberals just weeks into the Argentinian&apos;s papacy. In a way, Pope Francis is a progressive&apos;s dream-come-true -- a devout figure...</summary>
		<author>
			<name>Sahil Kapur</name>
		</author>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/03/pope-francis-installation-mass-asset-cropped-proto-custom_2.jpg">]]><![CDATA[<p>The new Pope's passion for social justice and lifting up the poor has already earned him the adoration of American liberals just weeks into the Argentinian's papacy.</p>

<p>In a way, Pope Francis is a progressive's dream-come-true -- a devout figure with enormous credibility among conservatives and Christians, who has used his megaphone to speak out against greed, consumerism and economic policies that alienate the poor and vulnerable.</p>

<p>"I think about those who are unemployed often because of an economic conception of society that seeks egoistic profit regardless of social justice," Pope Francis <a href="http://www.bloomberg.com/news/2013-05-01/pope-calls-for-more-social-justice-as-workers-take-to-streets.html">told</a> a crowd in St. Peter's Square last month, in one of his many remarks that have caught the attention of liberals.</p>

<p>"As a progressive I think the Pope kinda rocks," Neera Tanden, president of the Center for American Progress, the influential think tank with close ties to the White House, said on HBO's "Real Time With Bill Maher" in late May. "He's been great on so many issues."</p>

<p>Lifting up the society's least fortunate has been a central theme for man who replaced Pope Benedict XVI in March.</p>

<p>"The Pope has the duty, in Christ's name, to remind the rich to help the poor, to respect them, to promote them," Pope Francis <a href="http://www.vatican.va/holy_father/francesco/speeches/2013/may/documents/papa-francesco_20130516_nuovi-ambasciatori_en.html">said</a> in a May 16 speech to a group of ambassadors. "The Pope appeals for disinterested solidarity and for a return to person-centred ethics in the world of finance and economics."</p>

<p>It's a delightful change for liberals accustomed to a Catholic Church that has for the last generation focused its preachings on social conservatism, which inspired many American conservatives as they fought against abortion and gay rights.</p>

<p>"Pope Francis' speech is very similar to our message at the AFL-CIO," said Damon Silvers, policy director and special counsel for the country's largest labor union. "The values expressed by the Pope are the values the labor movement embraces."</p>

<p>The Progressive Change Campaign Committee, the combative liberal activist group, praised Pope Francis' focus on social justice and characterized his economic values as the diametric opposite of those held by the American conservative movement.</p>

<p>"Pope Francis is right -- policy makers need to be focusing on creating jobs," said spokesman Matt Wall. "[I]nstead, Tea Party Republicans are more focused on taking benefits away from our grandparents ... than creating good paying jobs that will rebuild America's middle class and eliminate poverty."</p>

<p>In an interview with TPM, Tanden said Pope Francis hasn't dramatically changed the conversation in Washington, but argued that he's having a real impact in Europe, which is reeling from years of painful, counterproductive austerity measures.</p>

<p>She said that amidst a national backdrop where the deficit is declining and income inequality is growing, "the Pope's comments are a huge, important development" that could have a real impact on conservatives and religious Americans. "The fact that he's been so aggressive on social justice is something all progressives should welcome."</p>

<p>Liberals hope the Pope continues to speak out along the same lines and that his teachings will give pause to American conservatives whose politics include cuts in government aid for the poor and needy.</p>

<p>Beyond that, Silvers sees a deeper philosophical meaning to the Pope's remarks.</p>

<p>"When Pope Francis says economic policy right now in the world is undermining the dignity of human beings, I think that's his comment on austerity, even though I don't think he actually uses the word austerity," he said. "But he does use another word which is very dear to us and that's 'solidarity' -- the idea that people are bound to another. That this connection between people is what makes life worth living, and that public policy should be about trying to reinforce ties between people and not trying to rip them apart."</p>]]></content>
	</entry>
	<entry>
		<title>Six Months After Newtown, An American Gun Giant Struggles To Find A Buyer</title>
		<link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/newtown-cerberus-freedom.php"/>
		<id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407814</id>
		<published>2013-06-14T10:00:00Z</published>
		<updated>2013-06-14T14:23:12Z</updated>
		<summary>Days after the shootings last December in Newtown, Conn., the investment firm Cerberus Capital Management announced it wanted to sell the company that made the Bushmaster assault rifle used in the massacre. However, ridding itself of one of the nation&apos;s largest gun companies in the wake of a school shooting would not be easy.</summary>
		<author>
			<name>Hunter Walker</name>
		</author>
		<category term="Bushmaster" scheme="http://www.sixapart.com/ns/types#category"/>
		<category term="Cerberus Capital Management" scheme="http://www.sixapart.com/ns/types#category"/>
		<category term="Freedom Group" scheme="http://www.sixapart.com/ns/types#category"/>
		<category term="Newtown" scheme="http://www.sixapart.com/ns/types#category"/>
		<category term="Stephen Feinberg" scheme="http://www.sixapart.com/ns/types#category"/>
		<category term="guns" scheme="http://www.sixapart.com/ns/types#category"/>
		<content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/"><![CDATA[<img src="http://talkingpointsmemo.com/assets_c/2013/02/shot-show-gun-01-17-13-cropped-proto-custom_2.jpg">]]><![CDATA[<p>Days after the shootings last December in Newtown, Conn., the investment firm Cerberus Capital Management announced it wanted to sell the company that made the Bushmaster assault rifle used in the massacre. However, ridding itself of one of the nation's largest gun companies in the wake of a school shooting would not be easy.</p>

<p>Today, six months after the massacre, the deal for Freedom Group, a conglomerate of smaller companies that make guns, bullets, and shooting accessories, may finally be nearing completion after Cerberus' owner, Stephen A. Feinberg, made an offer to buy the gun giant from his own fund, a rare move that comes with conflict-of-interest questions.</p>]]><![CDATA[<p>Finance professors who talked to TPM said the deal may raise some eyebrows, but they added the agreement could be explained by the fact that it's not easy to sell a company with a poisoned reputation that's surrounded by political uncertainty. But the same academics also said the secretive nature of the business prevents the public from determining whether Cerberus' top brass is trying to escape bad P.R. while holding on to the company or even whether Feinberg is setting himself up for a sweet deal.</p>

<p>Cerberus Capital Management is one of America's <a href="http://www.peimedia.com/Pages.aspx?pageID=3973">biggest private equity firms</a>, which means it is invested in a wide array of companies. Cerberus acquired a stake in Freedom Group in 2006. Four days after Newtown, faced with mounting headlines, Cerberus <a href="http://www.cerberuscapital.com/news/cerberus_capital_management_statement_regarding_freedom_group_inc">announced its intention to sell it off</a>. (A spokesperson for Cerberus declined to comment on this story.)</p>

<p>Since then, the sale, at least publicly, has gone nowhere. So finally last month, Feinberg <a href="http://www.bloomberg.com/news/2013-04-17/cerberus-s-feinberg-said-to-weigh-bid-for-freedom-group.html">reportedly stepped in</a> and began planning a potential a bid for Freedom Group with the help of other Cerberus investors.</p>

<p>According to Pavel Savor, an assistant professor of finance who focuses on the private equity industry at the Wharton School of the University of Pennsylvania, having the head of a firm lead a bid for one of its holdings is "not typical in any way."</p>

<p>That maneuver is rarely deployed because, Savor said, it raises the specter of an obvious, "immediate conflict of interest" and opens up the possibility that the buyers could engineer themselves a cheap deal at the expense of their fellow investors.</p>

<p>Despite the clear risk of double dealing, Savor and other professors said, the task of unloading a gun giant amid a wave of unparalleled anger about shootings may have created the need for an unusual transaction in this case.</p>

<p>"In this instance, you can kind of have two stories for why this happens," said Savor. "One would be just that, because of potentially PR reasons, there are no other buyers and their limited partners are really eager for them to divest it."</p>

<p>Indeed, there were indications the decision to sell Freedom Group was made because some of Cerberus' higher profile investors said they wanted no part of any gun companies following the Newtown massacre. When Cerberus revealed its plan to drop its stake in Freedom Group, it released a statement noting the company makes "investments on behalf of our clients who are comprised of the pension plans of firemen, teachers, policemen and other municipal workers and unions, endowments, and other institutions and individuals." Some of those public pension funds were clearly eager to exit the gun business after the shooting. Many of those public pension funds <a href="http://www.ipe.com/magazine/disarming-pension-funds_50986.php#.Ubo1OlG4nm1">announced their intention to stop investing in firearms manufacturers</a> following the shooting. That included the California State Teachers' Retirement System, which said it <a href="http://www.sacbee.com/2013/05/26/5446940/calstrs-flexes-its-muscles-as.html">owned 2.4 percent of Freedom Group</a> through investments in Cerberus.</p>

<p>But while the toxic cloud of the massacre likely caused Cerberus to attempt to unload Freedom Group, it also meant the sale almost immediately ran into trouble.</p>

<p>According to the Bloomberg news service, at least three major banks <a href="http://www.bloomberg.com/news/2013-01-18/cerberus-said-to-have-struggled-to-find-advisers-for-gun-sale.html">declined to work on the deal</a> because of "potential damage to their reputations." Anonymous sources speculated to the news service that Cerberus might have "to take a lower price or be unable to sell the business because so many banks are unwilling to work on the deal." Eventually, Cerberus managed to <a href="http://online.wsj.com/article/SB10001424127887323309604578429232172444330.html">hire the investment bank Lazard Ltd.</a> to run the auction.</p>

<p>Even with a bank lined up, finding someone to pay top dollar for a gun company in the post-Newtown environment was tricky.</p>

<p>Both <a href="http://www.bloomberg.com/news/2013-01-18/cerberus-said-to-have-struggled-to-find-advisers-for-gun-sale.html">Bloomberg</a> and the <a href="http://online.wsj.com/article/SB10001424127887323309604578429232172444330.html">Wall Street Journal</a> have reported Freedom Group could be worth as much as $1 billion. However, the ups and downs of the gun industry in recent months seemingly made it difficult for buyers to gauge the company's prospects and feel confident about paying such a large price</p>

<p>On the one hand, Freedom Group made a <a href="http://www.freedom-group.com/FreedomGroup2012_10-K.pdf">slim profit</a> last year off nearly $1 billion in net sales of firearms, ammunition and accessories. In the first three months of 2013, the company saw a <a href="http://www.freedom-group.com/ROC_Q1_2013_10-Q.pdf">55.7 percent increase in sales</a>, fueled by talk that Congress could limit future sales of firearms.</p>

<p>On the other hand, as the The Deal Pipeline, a subscription-only news service for the financial industry, noted last month, figuring out how much the company is worth "is difficult, especially after the Newtown shooting" because the spike in sales may be a temporary effect of firearms enthusiasts stocking up in anticipation of restrictions or bans. Future sales are also difficult to forecast because the gun control legislation proposed after the school shooting could also cost Freedom Group.</p>

<p>"While we do not believe that existing federal and state legislation relating to the regulation of firearms and ammunition will have a material adverse effect on our sales, no assurance can be given that more restrictive regulations, if proposed or enacted, will not have a material adverse effect on us in the future," the company's <a href="http://www.freedom-group.com/ROC_Q1_2013_10-Q.pdf">most recent quarterly report</a> said.</p>

<p>All of these factors complicating the Freedom Group sale may have pushed Feinberg to enter the auction to purchase the gun giant from his own firm.</p>

<p>Feinberg's bid for Freedom Group may also have been driven by a desire to kickstart an auction that was having trouble getting off the ground. Cerberus reportedly <a href="http://online.wsj.com/article/SB10001424127887323309604578429232172444330.html">hopes to complete</a> the deal for Freedom Group this summer. Though multiple potential buyers have reportedly expressed interest in buying the group, as of last month, when reports of Feinberg's potential offer first surfaced, no other bids had been submitted. His bid, which reportedly would serve as a "stalking horse," or an early bid that sets the pace for the auction, could help push other potential buyers to come forward. Indeed, once the news came out about Feinberg's bid, <a href="http://online.wsj.com/article/SB10001424127887323309604578429232172444330.html">a trio of other weapons manufacturers</a> reportedly expressed interest in buying Freedom Group.</p>

<p>With Feinberg and his partners potentially participating in the auction, Cerberus reportedly <a href="http://online.wsj.com/article/SB10001424127887323309604578429232172444330.html">put safeguards in place</a> to ensure Feinberg and his partners can't use their insider status to take advantage of other bidders or other Cerberus investors. These measures included a committee established to negotiate the deal for the firm without Feinberg and a stipulation that his group must drop out of the auction if another bidder tops their offer by 10 percent or more.</p>

<p>Christine Parlour, a finance professor at UC Berkeley's Haas School of Business, also noted Feinberg has substantial incentive to give other Cerberus investors a fair price for Freedom Group because, in the world of private equity, "everything is driven by reputation."</p>

<p>Savor agreed that it would be difficult for Cerberus to get future investors if Feinberg gave himself a sweetheart deal in the situation.</p>

<p>"If you want to stay in business, it's not a good move to antagonize people who provide capital for you," he said.</p>

<p>However, Savor noted Feinberg and his partners may have managed to secure themselves an exceptionally low price for the gun giant even with safeguards and other bidders possibly entering the mix. Even if several other companies look at Cerberus, they may not want to top Feinberg's offer.</p>

<p>"Often, buyers are very reluctant to go against managers or partners of a firm because they may know that these guys have the most information, so if you outbid them, there's risks," said Savor.</p>

<p>Apart from the conflict-of-interest concerns, Feinberg's bid also raises the possibility that some top Cerberus investors could dodge bad media attention by conducting what is essentially a sale in name only while maintaining undercover ownership. Because of the secrecy that surrounds elite private equity firms, it would be difficult for outside observers to tell whether or not an auction that left Freedom Group in the hands of those Cerberus investors was just an empty gesture.</p>

<p>Parlour said Feinberg and other Cerberus partners purchasing Freedom Group from their own firm could mean the company ends up with the same management. However, at the same time, she said removing other Cerberus investors could constitute a substantive change in ownership. Overall, Parlour said it would be difficult to determine whether this deal is something most people would consider a genuine sale because private equity transactions are so "opaque."</p>

<p>"It is not dubious per se," she said. </p>]]></content>
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