Monthly Archives: February 2017

Tragedy of the Public Good: Why the U.S. Shouldn’t Quit NATO … – Bloomberg

Posted: February 22, 2017 at 3:56 am

It has been a nervous year, Tom Lehrer once remarked, and people have begun to feel like aChristian Scientist with appendicitis. That was 1965, and he was speaking of the escalation in Vietnam and the Dominican Civil War. With President Donald Trump steering foreign policy, Americans surely know how he felt.

The latest news is that Defense Secretary James Mattis has told NATO allies that if they dont start carrying their weight, the U.S. is going to moderate its commitment to the region. Now, as an abstract matter of principle, Im firmly behind this. Only five NATO countries actually hit their targets, and three of them are a lot poorer than the sponging grifters that have cut their militaries back while enjoying the safety of the U.S. security umbrella.

The freeloading countries dont even send a fruit basket to Washington to say thanks. In fact, as a rightish American whos spent a bit of time abroad, I can personally attest that many of those NATO members citizens feel free to disparage our massive military budget, as if their smaller budgets were some sort of moral sacrifice rather than an unearned benefit paid for by U.S. taxpayers.

There, I got that off my chest. I hope we all feel better.

Nonetheless, even for me, Mattiss statement is a sort of gulp moment. The Europeans arent the only people who benefit from the American security umbrella. The fact that the worlds biggest rich economy is willing to spend so much of its GDP on the military doesnt just mean that other countries dont have to; it also means that other countries dont bother, because they cant possibly catch up.

There are downsides to this. Countries with a big hammer will inevitably end up using it in ways that turn out to be stupid. (See: Iraq.) It also, inevitably means that the security umbrella of the world will be used in ways that the country that owns it likes. (See complaints by every country except the U.S., many of them justified.) But for all that, you can certainly imagine a country with an America-sized military advantage doing much worse things with it. Many worse things. In fact, when you think about alternative histories, were pretty far into the happy zone of the spectrum. Not all the way to utopia, mind you. But a lot better than youd imagine, if youd never heard of the United States of America and you were plotting out your science fiction novel with a dominant, heavily armed nation.

A more evenly multi-polar world would look like -- well, perhaps youre acquainted with a little tiff known to historians as World War I. You may even have read about the exciting sequel they made when the first production turned out to be so great. That was terrifying enough when the nastiest stuff in the worlds arsenal was toxic gas. It gets even more terrifying when you have bombs that can flatten a city or worse.

Unfortunately military spending is the ur-example of what economists call a public good. These provide a benefit to everyone, and once the benefit has been created, it cannot be taken away from anyone.

Imagine a public health campaign that eliminates HIV, wiping it off the face of the planet. Thats an enormous benefit to the world. But if I pay to get rid of HIV, I have no way to charge you for the benefit I provided. Once Ive gotten rid of HIV, you benefit from my investment, whether you pay me back or not.

Public health, defense, crime control -- these are classic public goods because for some people to get the benefit, everyone has to. Unfortunately, the optimal self-interested strategy is therefore to let other people pay for the stuff, while you free ride. If everyone practices the optimal strategy, no one gets the benefit. Enter government, which has to secure these things, if were going to have them, and force everyone to pay the bill.

Thats fine for crime, because its effects are local and the cost of management relatively moderate. If the Topeka City Council figures out a way to wipe out crime, theres probably very little spillover effect in San Luis Obispo, and zero cost to San Luis Obispoans. But in the case of plagues and national defense, we can run into a problem, which is that the effects are very large, and the investment required can be huge. Imagine that we didnt treat national defense as a federal responsibility, and handed it to the states. Maine and Texas would have gigantic militaries; places like Connecticut and Oregon might have sizeable Coast Guards. But the rational military budget for a place like Nebraska would be pretty close to zero. Because border states are of limited size and financial capacity, the militaries of those places would probably be smaller than everyone would like, even as the proud people of Montana labored under gruesome taxes to protect Coloradans from the fearsome Canadian horde.

In fact, you see this problem with NATO. Of the five countries that are actually pulling their weight, only two can be said to be doing so for reasons that arent strictly rational self-interest (the U.S. and Britain). The other three -- Greece, Poland and Estonia -- border non-NATO countries and are pretty worried about future conflict with a military power that meets or exceeds their own. The problem is that neither Poland nor Estonia could ever even remotely hope to repel a Russian invasion. If the U.S. gets fed up with its NATO partners and withdraws, Germany would be depending on the Poles to fend off any Russian aggression -- or hoping that Russia got sick of all the winning after they took Poland and stopped there. (See: World War II.)

Military capacity takes time to build up; even the famous mobilizations of the 20th century were built around a core of officers who had spent their lives thinking about little things like the best tactics to repel invasions, and how to transport large numbers of troops and supporting items to the front while keeping them in condition to fight, and how to get people to overcome their self-interest to pick up a gun and run into harms way.

Only the U.S. has consistently invested so much in this buildup. Because the U.S. has decided to provide this public good of military protection to much of the world, other countries have let those skills atrophy. If the U.S. actually decided to become isolationist, other countries might quickly become willing to assume its military roles, but would not immediately be able to. Pouring money into the defense budget now will not create the majors and lieutenant colonels and generals you need; those arise only if you invested in lieutenants years back.

All of humanity now benefits from this public good: a world in which major wars are pointless. No government except the U.S. can possibly provide that. (Even if you think youd fancy a world policed by China better, its economy does not yet throw off enough surplus to play lone superpower, and neither does Russias.) Multilateral institutions can step into the breach somewhat, but multilateral institutions dont have the same taxing power that a territorial state does, and it shows. All NATO can really do is complain that members arent meeting their targets. The U.S., as the member picking up the tab, can threaten to pull out if other states don't contribute more. But following through on that threat would hurt us as well as them.

Given those two choices, Ill grit my teeth and pay the taxes and practice my frozen smile for my next trip to Europe. But if Trump makes the other choice, then I, like everyone else in the world, will have to live with the result.

This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners.

To contact the author of this story: Megan McArdle at mmcardle3@bloomberg.net

To contact the editor responsible for this story: Philip Gray at philipgray@bloomberg.net

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Tragedy of the Public Good: Why the U.S. Shouldn't Quit NATO ... - Bloomberg

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US to deploy 1,000 troops to Poland as Russian foreign minister … – The Independent

Posted: at 3:56 am

The US is preparing to deploy 1,000 troops and vehicles to northeastern Poland by the end of March to reassure Nato'sEastern European allies in the face of rising tension with Russia.

The unit, which will be part of 4,000 US troops deployed in rotation along Nato's eastern flank, will be located at Orzysz,Deutsche Wellereports.

The town sits 85 miles from Russia's Kaliningrad exclave, which is wedged between Poland and Lithuania.

Poland's leaders hold ceremony to welcome US troops as part of Nato build-up

It comes after Russian foreign minister Sergei Lavrov described NATO as a "Cold War institution" whose expansion had led to unprecedented tensions in Europe over the past thirty years.

Worried since Russia's 2014 seizure of Ukraine's Crimea that Moscow could invade Poland or the Baltic states, Nato is bolstering its eastern flank with troops, war games and warehoused US equipment ready for a rapid response force of up to 40,000 personnel.

A map showing Nato's military buildup in Eastern Europe (Statista)

The first German troops have arrived in Lithuania, where Berlin is leading a battalion of some 1,000 troops.

From around April, Britain will head the deterrent force in Estonia, while Canada is deploying in Latvia and US troops are arriving in Poland and across the Baltics.

Kremlin officials claim the build-up is the largest since the Second World War andsayit threatens the stability of central Europe.

Russia has some 330,000 troops amassed in its Western military district around Moscow, Nato believes.

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NATO general: Troops will stay in Kosovo as long as needed – Minneapolis Star Tribune

Posted: at 3:56 am

PRISTINA, Kosovo A senior NATO commander has assured Kosovo that the military alliance will maintain troops in the Balkan country "for as long as it's necessary."

NATO's Supreme Allied Commander for Europe, Gen. Curtis Scaparrotti, met with local officials and Western ambassadors during a visit Tuesday to Kosovo.

Some 4,500 troops from 31 countries have been deployed in Kosovo since June 1999, after NATO's 78-day air campaign to stop a bloody Serbian crackdown against ethnic Albanian separatists. Kosovo declared independence from Serbia in 2008, but Serbia has not recognized it as a country.

"We will keep in place a flexible, determined presence and will make changes only when the security situation allows. KFOR remain a robust and credible force, capable of carrying out its mission for as long as it's necessary," Scaparrotti said.

He also expressed concern about Russia's attempted influence in the region "particularly in the media with disinformation, political influence, etc."

Earlier this month, NATO Secretary General Jens Stoltenberg also visited Kosovo to urge it and Serbia to normalize their ties. Tensions between Kosovo and Serbia have been building again after a series of inflammatory incidents.

Serbia, backed by Russia, has also sought to maintain influence in Kosovo's north, where most of the country's Serb minority lives.

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Trump’s envoy at UN warns Russia US stands firm on NATO, EU – Yahoo News

Posted: at 3:56 am

Nikki Haley, US Ambassador to the United Nations, speaks at a Security Council meeting on February 21, 2017 at the UN Headquarters in New York City (AFP Photo/KENA BETANCUR)

United Nations (United States) (AFP) - US Ambassador Nikki Haley on Tuesday said the United States is ready to improve ties with Russia but will not compromise on its support for NATO and the European Union.

Haley told a Security Council debate on conflicts in Europe that "Russia's attempts to destabilize Ukraine" were among the most serious challenges facing the continent.

"The United States thinks it's possible to have a better relationship with Russia - after all, we confront many of the same threats," Haley said.

"But greater cooperation with Russia cannot come at the expense of the security of our European friends and allies."

The remarks came as European governments are seeking reassurance after US President Donald Trump applauded Britain's decision to leave the European Union, criticized NATO members over burden-sharing and praised Russian President Vladimir Putin.

Haley said the United States was committed to "the institutions that keep Europe safe" and that it "will not waver" in its support for the North Atlantic Treaty Organization.

The United States wants to deepen cooperation within NATO while "keeping the door open to new allies," she said.

Enlarging NATO has been a major bone of contention with Russia, which sees any expansion of the military alliance in eastern Europe as a policy of containment directed against Moscow.

Haley described US ties with the European Union as "deep and enduring" and said differences with European governments should not be seen as a shift in US support.

"No one should misinterpret occasional policy differences and debates as a signal of anything less than total commitment to our alliances in Europe. That commitment is strong," she said.

The ambassador stressed that the US and the EU were united in the view that sanctions against Russia would remain in place until Russia returns Crimea to Ukrainian rule.

A recent flareup of fighting in east Ukraine "show the consequences of Russia's ongoing interference in Ukraine," said the US ambassador.

Haley said Russia's decision to recognize passports issued by separatists in Ukraine's Lugansk and Donetsk regions was "another direct challenge in the efforts to bring peace to eastern Ukraine."

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Russia Has Its Own A-10 Warthog (And It Was Meant to Be a NATO-Killer) – The National Interest Online (blog)

Posted: at 3:56 am

Like the A-10, the Su-25 was all about winning a titanic clash between the ground forces of NATO and the Warsaw Pact by busting tanks and blasting infantry in Close Air Support missions. This meant flying low and slow to properly observe the battlefield and line up the plane for an attack run.

Flying low would also help the Su-25 avoid all the deadly long-rangeSAMsthat would have been active in a European battlefield. However, this would have exposed it to all kinds of antiaircraft guns. Thus, the pilot of the Su-25 benefited from an armored bathtubten to twenty-five millimeters of armor plating that wrapped around the cockpit and even padded the pilots headrest. It also had armored fuel tanks and redundant control schemes to increase the likelihood of surviving a hit. And in their extensive combat careers,Su-25shave survived somereallybadhits.

TheSu-25Frogfoot, known as theGrachor Rook by Russian pilots, is one of those aircraft that may not be at the cutting edge of technology, but still has seen widespread service around the world because it offers an effective and useful solution to the need to blast targets on the ground.

As such, its obviousstablemateis the AmericanA-10 Thunderbolt IIattack plane. But while the U.S. Air Force wants toretirethe A-10 starting in 2022, the Su-25 isundergoing extensive upgradesto keep with the times.

Also unlike the Thunderbolt, it has been disseminated it all over the world and seen action in over a dozen wars, including in the air campaigns over Syria, Iraq and Ukraine.

Not only has Russia had a lot of experience flyingSu-25sin combatit has shot several down as well.

During World War II, Russias armored Il-2Sturmovikattack planes, nicknamed Flying Tanks, were renowned for their ability to take a pounding while dishing it out to German Panzer divisions with bombs, rockets and cannon fire.

Unlike the U.S. Air Force in the1960s, which was enamored with the concept of winning nuclear wars withstrategic bombers, the Soviet air service, theVVS, placed more emphasis on supporting ground armies in its Frontal Aviation branch. However, no worthy successor to theShturmovikimmediately appeared after World War II

In 1968, the VVS service decided it was time for another properly designed flying tank. After a three-way competition, the prototype submitted by Sukhoi was selected and the first Su-25 attack planes entered production in 1978 in a factory in Tbilisi, Georgia. Coincidentally, the American A-10 Thunderbolt had begun entering service a few years earlier.

Like the A-10, the Su-25 was all about winning a titanic clash between the ground forces of NATO and the Warsaw Pact by busting tanks and blasting infantry in Close Air Support missions. This meant flying low and slow to properly observe the battlefield and line up the plane for an attack run.

Flying low would also help the Su-25 avoid all the deadly long-range SAMs that would have been active in a European battlefield. However, this would have exposed it to all kinds of antiaircraft guns. Thus, the pilot of the Su-25 benefited from an armored bathtubten to twenty-five millimeters of armor plating that wrapped around the cockpit and even padded the pilots headrest. It also had armored fuel tanks and redundant control schemes to increase the likelihood of surviving a hit. And in their extensive combat careers, Su-25s have survived somereallybadhits.

Despite the similarities with the A-10, the Su-25 is a smaller and lighter, and has a maximum speed fifty percent faster than the Thunderbolts at around six hundred miles per hour. However, the Frogfoot has shorter range and loiter time, can only operate at half the altitude, and has a lighter maximum load of up to eight thousand pounds of munitions, compared to sixteen thousand on the Thunderbolt.

More importantly, the types of munitionsusuallycarried are typically different. The Thunderbolts mainstays are precision-guided munitions, especiallyMaverickantitank missiles, as well as its monstrous, fast-firing GAU-8 cannon.

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Software vulnerability disclosures by NSA will continue under Trump, officials say – CyberScoop

Posted: at 3:56 am

The disclosure processthat governs how and when federal agencies should tell tech firms about flawed computer code is in no immediate danger of termination under the Trump administration, current and former U.S. officials said.

Flawed code by its very nature offers vulnerabilities that can be targeted by hackers. Knowledge of these vulnerabilities especially those never publicly reported is valuable to a wide array of actors, including law enforcement and intelligence services. In the past the default hasbeen to err on the side of disclosure, even by the super-secretive National Security Agency, according to a comprehensive research reported conducted by Columbia University.For now, that isnt likely to change, saidNeil Jenkins, director of the Homeland Security Departments Enterprise Performance Management Office, or EPMO.

It is not within our national interest to build up a stockpile of vulnerabilities to hide behind and to use for intelligence or law enforcement purposes. We have to get those out to make sure that systems are secure, Jenkins told a room full of cybersecurity industry insiders while speaking on a panel at the 2017 RSA conference. But the process does recognize that there are some vulnerabilities that we need to keep, that we need to use for national security purposes.

In most cases, though, the government has incentive to report flawed code, U.S. officials say.

The process is still in use, it is in regular use, and we are having meetings about these things on a pretty regular basis. And I would say, as of right now, we are still in the mode of responsible disclosure under the current administration, Jenkins said at RSA.

Known as the Vulnerabilities Equities Process, or VEP, the guidelines were only recently made public. The government first began releasing limited information about the process during the Obama administration.

We made an agreement early on that we would err on the side of the defense of this nation and if we didnt put it out the capability, if it were ever found then we would put it out there. And we stuck to that. It makes your job harder, but it was the right thing for the country, former NSA Director Keith Alexander said in December during a University of Maryland event. We put out more than 90 plus percent of those things that we saw. Some people criticized it [the VEP] but nobody changed.

In the run-up to President Donald Trumps inauguration, however, some feared that a new White House would reverse courseand offer intelligence and law enforcement agencies greater leeway to keep vulnerabilities secret.

Where we are in 2017, if you look at the sort of arc of cyber policy today, coming out of the Trump campaign and then out of the then president-elects office, it was very offense-oriented, explained Rob Knake, a former director for cybersecurity on the National Security Council at the White House. So I think there was this sense that the gloves were coming off, that the [VEP] would be thrown out the window That was my fear.

But what we have seen since then I think is a growing recognition that we revived this policy, that this is a policy from the Bush administration, this started in 2008 and came out of the CNCI and one which [current White House homeland security adviser] Tom Bossert had a heavy hand in, said Knake.

Though the VEP offers renewed transparency in its current form over what has largely been a clandestine decision-making process, the panel of experts also agreed that more can be done.

Greater coordination and shared oversight, Knake explained, should be instituted between the multiple federal agencies that share a vested interest in either disclosure or keeping software flaws secret. Until today, each federal agencies has approached the VEP in a slightly different manner.

We agree that it is time for this process to be codified in law just to make sure that it continues, that there is are clear considerations around the risk and potential for operational use and for regular review of what youre not disclosing, said Heather West, a senior policy manager for Mozilla.

I think ultimately there could be a lot more transparency around [the VEP], one of the things we noticed as we have gone through and researched this process is that it works reasonable well and the government could build a lot of trust with industry; saying this is what we have and are doing. And then we can have this collaborative relationship that we dont normally have in the cybersecurity space, West said.

At the moment, there are no penalties in place for agencies or U.S. officials that decide to keep software vulnerabilities out of the VEP process.

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NSA Contractors Join Privacy Shield – Pirate Times

Posted: at 3:56 am

This post is also available in: Spanish

Did you really think that the European Union would protect your privacy? Dont be so naive.

The US-EU Privacy Shield program is supposed to give EU citizens greater data protections. As I wrote previously, the Privacy Shield program has several legal loopholes, which makes it looka bit like a block of Swiss cheese.

To add insult to injury, not only does the Privacy Shield fail to protect peoples private data, even NSA contractors are invited to join the party! The Privacy Shield program gives these NSA contractors the ability to transfer personal data stored in the EU to the US. From watching international news over the past few years, you may remember how Edward Snowden blew the whistle on the NSAs mass surveillance programs. Snowden exposed how the US government had access to read your emails and to listen in on your phone calls.

Including NSA contractors on the list of Privacy Shield is a bit like letting the fox guard your henhouse. While some of the NSA contractors are signed up only to share human resources data, their inclusion in the program does nothing to improve Privacy Shields already dismal public image. The companies on the list are allowed to submit a self-assessment to ensure their compliance with Privacy Shield. In practice, this means that these companies have little or no independent oversight.

The followingNSA contractors have joined the Privacy Shield program: BAE Systems, Boeing, General Dynamics, Lockheed Martin, Northrop Grumman, and Raytheon.

With the inclusion of NSA contractors in the Privacy Shield program, it is rather obvious that the US government cares nothing for data protection. While Europeans are lulled into a false sense of security with Privacy Shield, the US continues to build its surveillance state.

BAE Systems

In 2013, BAE Systems won a multi-year contract with the NSA for high performance computing. The contract is valued at $127 million. A leaked top-secret document outlines the NSAs surveillance priorities for 2012-2016. One of the NSAs stated goals is to use high performance computing to crack encryption. As a goal, the document states that the NSA plans to Dynamically integrate endpoint, midpoint, industrial-enabled, and cryptanalytic capabilities to reach previously inaccessible targets in support of exploitation, cyber defense, and cyber operations. In other words, the NSA plans to use its high performance computing program to broaden its surveillance capabilities, and BAE Systems is helping.

Boeing

The American telecom, AT&T, built a secret room in one of its centers to facilitate NSA spying. In 2006, an AT&T technician blew the whistle and revealed the NSAs massive spying operations. The NSA used a device to sift through massive amounts of data from the internets backbone. The device was made by a company called Narus. In 2010, Boeing acquired Narus.

In 2008, Boeing acquired Digital Receiver Technology (DRT). The NSA used DRT equipment to track peoples locations by their cellphone signals. Some DRT devices also have the ability to listen in on cellphone conversations and jam cellphone signals. Several DRT devices appear in the NSAs surveillance catalog.

General Dynamics

In 2014, the Intercept revealed that the NSA was recording virtually every phone call in the Bahamas. The program is called SOMALGET, which is part of a broader surveillance program called MYSTIC. The broader surveillance program, MYSTIC, collects phone call metadata from several countries including Mexico, Kenya, and the Phillipines. General Dynamics had an 8 year contract valued at $51 million to process data for the MYSTIC program.

Lockheed Martin

In 1988, Margaret Newsham, a software engineer for Lockheed Martin, blew the whistle on a massive NSA spying program. The NSA was intercepting phone calls and electronic data in a surveillance program called ECHELON. While working for Lockheed Martin, Newsham was helping to create software that ran the ECHELON program. Newsham also revealed that the NSA was listening to phone calls of a US Congressman.

The US militarys research arm, DARPA, awarded contracts for the Total Information Awareness (TIA) program. The TIA program would collect massive amounts of data and use a predictive policing model. In other words, TIA used automated analysis to identify people as potential terrorists. In a very eery sense, it was the film Minority Report becomingreality. DARPA gave Lockheed Martin 23 contracts valued at $27 million for the TIA program. Several branches of the US government were involved in the TIA program, including the NSA. In 2012, the New York Times revealed that the NSA was running a program very similar to the TIA. The full extent of the TIAs legacy would not be revealed until the Snowden leaks in 2013.

Northrop Grumman

In 2000, the NSA launched the Trailblazer project. The aim of Trailblazer was to update the old Cold War era interception technology employed by the NSA. The Trailblazer project was mired in scandal. The NSA had wasted over a billion dollars for a program that did not work. Northrop Grumman was one of the contractors working on the failed Trailblazer project.

The Trailblazer project was terminated in 2006. The next year, the NSA awarded Northrop Grumman a $220 million contract. The contract was to help the NSA manage the vast amounts of data it collected from its surveillance programs.

Raytheon

In 2009, the NSA founded the US Cyber Command. The new command center would focus on defensive as well as offensive cyber warfare. Raytheon posted job advertisements for cyber warriors to work at locations near known NSA sites.

In 2010, the NSA awarded Raytheon a classified $100 million contract for the Perfect Citizen program. The program would place sensors, to detect cyber attacks, in the backbone infrastructure of public utilities. A Raytheon employee criticized the program with the following words in an email: Perfect Citizen is Big Brother. The NSA rather comically claimed that Perfect Citizen would not be used for spying; however, privacy advocates were worried that the program would be used for domestic surveillance.

The text of this article is released into the public domain. You are free to translate and republishthe text of this article. Featured pictureis CC BY-NC-ND 2.0 Flicker user jrothphotos. Secondary picture CC by EFF.

Printouts from PrivacyShield.gov website, link.

Originally part of the Occupy protests, Rachael is an advocate for transparency in government and digital civil liberties.

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Kredo Tells OAN: Obama Officials Pushed Flynn Out As NSA – Washington Free Beacon

Posted: at 3:56 am

BY: Nick Bolger February 21, 2017 1:16 pm

Adam Kredo, senior writer for the Washington Free Beacon, appeared on One America News Network Monday to discuss the secret campaign to oust former National Security Advisor Michael Flynn.

Kredo discussed his recent report with Liz Wheeler.The piece reports that Obama Administration holdovers waged a campaign of leaks to force Flynn's resignation.

"It is quite an accusation," Kredo said. "And from at least half a dozen sources both inside and outside of the White House that I spoke to, it happens to be a fact."

Obama's former Deputy National Security Advisor, Ben Rhodes, created a "pro-Iran echo chamber" and used his allies to create an echo chamber outside of the White House to combat Trump on foreign policy, Kredo explains.

Kredo reports that Flynn's resignation was forced in an attempt to keep hidden side deals surrounding the Iran nuclear deal.

Flynn resigned from his post on February 13 following reports that he had lied to Vice President Mike Pence over his contact with Russia.

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Supreme Court considers parents’ rights after boy killed by agent across Mexican border – Washington Times

Posted: at 3:55 am

The Supreme Court struggled Tuesday to define limits to the Constitutions Fourth Amendment in a tragic case in which a U.S. Border Patrol agent fired his weapon and killed a 15-year-old boy on the Mexican side of the line.

Some of the justices feared that if they went too far, they could open the U.S. military to claims from victims of drone attacks in foreign countries. But the courts liberal wing worried that unless they gave the family its day in court, it had no recourse to punish rogue agents.

You have a very sympathetic case, Justice Stephen G. Breyer told the attorneys for the family of Sergio Hernandez, the boy killed in 2010 by the shot fired by agent Jesus Mesa Jr.

Mr. Mesa was cleared after a probe by the U.S. government, which said it could not establish that he violated Border Patrol policies.

The family says it wants justice in the courts. The only problem: Lower courts have ruled that since the boy was in Mexico, the Fourth Amendment protections dont apply in this case.

Robert C. Hilliard, the attorney for the Hernandez family, cast his case as a defense for other Mexicans who might find themselves in the same situation. He said there is an ongoing domestic routine law enforcement issue that needs to be solved.

Were here because the interaction of the Border Patrol in this area, the government has taken the position that on the border, the Constitution turns off if the deadly force goes across the border, he said.

He said there have been 10 instances in which the Border Patrol has fired from the U.S. into Mexico and killed someone.

Ahead of Tuesdays oral argument, some analysts said the case could give an indication of how the justices might rule on the extreme vetting executive order issued by President Trump. That order has been mostly blocked by federal courts, which ruled that potential visitors outside the U.S. and foreigners inside the U.S. illegally have constitutional rights that must be respected.

But the justices didnt stray far afield Tuesday. Instead, they debated whether they could draw a line that would allow the family to sue in this case but wouldnt open a whole category of lawsuits against U.S. troops who create collateral damage.

How do you analyze the case of a drone strike in Iraq where the plane is piloted from Nevada? Chief Justice John G. Roberts Jr. asked Mr. Hilliard.

Justice Ruth Bader Ginsburg waved aside those concerns, saying thats a military operation that could be distinguished from a border encounter involving a federal law enforcement officer.

The chief justice did not seem swayed by the distinction, particularly in a tort claim against a federal employee.

The case could turn on the exact spot where the slaying occurred. The boy was shot in a culvert that is maintained by both the U.S. and Mexico though the ground where he fell is clearly on the Mexican side, the attorneys said.

Some of the courts liberal justices said that if the U.S. government has some authority over the territory, that could be a zone where Fourth Amendment protections against searches and seizures and in this case unlawful death would apply.

But Randolph J. Ortega, Mr. Mesas attorney, said the matter of the border cant be minimized.

Wars have been fought to establish borders. The border is very real, he said.

Mexico had asked for Mr. Mesa to be extradited to face charges there, but the U.S. government refused. The Mexican government then backed the familys lawsuit in court.

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Supreme Court considers parents' rights after boy killed by agent across Mexican border - Washington Times

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Felker: Guns on campus? How about we strike the Second Amendment? – Iowa State Daily

Posted: at 3:54 am

Yes, the Second Amendment is outdated. Or, waitIm sorryare there still militias marching about? This is the right to bear arms qualifier, correct? Here's some of the historical context:

This amendment-turned-platitude was drafted into the Constitution purely so that slave owners could form militias and repel uprisings, so that southern white men could protect and maintain their lofty stands from the federal government, from slaves, from Native Americans, from foreign incursion; so that the settlers and newly-branded Americans could arm themselves in preparation for the wars and skirmishes with England and France and Spain and Mexico and Canada that all might occur on domestic soil (many of which did end up occurring); so that the country as a whole could arm itself against the kind of tyranny itd so freshly escaped; so that frontiersmen could hunt for food, kill grizzly bears and wolves and wildcats and fight with native tribes and foreigners, not so that peppy yeomen could defend themselves and their buddies from machine-gun madmen and terrorists.

This was no conception of the founding fathers, no consideration made by our untouchably sacred Constitution, which systemically provided for the non-relevancy of women, and for the legalization of slavery and the oppression of anybody not white, not landed, not malewhich has been amended 17 times, but apparently never again.

What exactly is the pro-gun rights supporters ideal world?

A world in which every Ma and Pa holstered themselves and their of age children each morning before running along to work or school? So that in the event of a mass shooting, the banker or checker or student or clerk everyman could draw and fire against the perpetrator(s)? Surely, there would be no trouble in this?

If, on the occasion of a wild man pulling a gun and firing into a crowd, three-dozen others did the same and fired at these perpetratorsthere wouldnt be a mess of a crossfire; a mess of figuring out who the bad guy iswho it is, exactly, all the good guys are supposed to be shooting at when everybody else has got a gun; no mess of dead innocents and mayhem as every man and women with a firearm looks to their neighbors empty holster and swings round?

Perhaps we should bring the gun manufacturers into the national bureaucracys fold? More so than they already are, that is. I see no real reason why the NRA shouldnt just be another governmental agency. Perhaps they could issue pistols to every American upon their 18th birthdaysurely, this would prevent violence on our city streets and in our city bars and our city schools. Lets just give each and every soul a killing machine; This, thissurelywould finally put an end to all the killing.

Yes, if only every college student, every barkeep, every passerby in this past Sunday mornings crowd on Welch Avenue that was shot into would have had a pistol strapped to their thigh, then the situation would have been all the more improved. If, after, the perpetrators had taken their shots and sped away, a good 15 or so men and women would have pulled out a gun and looked to each other in confusionthen look where we might be. Look what mightve been accomplished.

NoI must slow down. I speak crazily. I speak of exaggerations, of unfairly reached logical ends and enough! say the pro-gun rights folk. Not everybody needs a gun. Only those whove been properly vetted, whove taken the proper tests; those among us who could be reasonable and responsible under pressurethose who really know what theyre doing.

But wait? does this not eerily sound like something weve already got? Something, perhaps, like the police force?

This is why we ought to strike the Second Amendment in its current state. Replace it with something more apropos. Our world is a changed one from 1787, and it deserves some changed legislation.

I do not call for the prohibition of guns (which is impossible) or even for particularly strict gun control law (just stricter than what weve already got). But what I do really call forwhats desperately neededis some actually meaningful, relevant, worthwhile, updated Constitutional language that clamps down on what is such a pathetically weak truism and argument: the right to bear arms.

The above paragraphearlier in the week having been my concluding thoughtsmust now survive a few more addendums.

A bill has been proposed in the Iowa legislature which would provide for the legal carrying of firearms on campus grounds.

I need not restate so much of what Ive already mentioned, but would merely remark that whatever supposed belief in efficacy there could exist (on the part of the bills supporters) for the handing over of such a dangerous right to a pack of green 1822 year-olds is beyond delusional. This is an absolutely wild proposed solution to a very serious problem, and it deserves a more serious resolution.

More guns simply arent the answer. Theyve never been the answer. There are more complex issues at the root of these violent symptoms, and to treat the symptoms alone with such a surface-level reaction would be a grave mistake. It may take some horrible tragedy for the nation to unite on this front, and for that I am truly sorry.

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Felker: Guns on campus? How about we strike the Second Amendment? - Iowa State Daily

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