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Like It Or Not, Trump Has a Point: FISA Reform and the Appearance of Partisanship in Intelligence Investigations by Stewart Baker1
Like It or Not, Trump Has a Point: FISA Reform and the Appearance of Partisanship in Intelligence Investigations by Stewart Baker1 To protect the country from existential threats, its intelligence capabilities need to be extraordinary -- and extraordinarily intrusive. The more intrusive they are, the greater the risk they will be abused. So, since the attacks of 9/11, debate over civil liberties has focused almost exclusively on the threat that intelligence abuses pose to the individuals and disfavored minorities. That made sense when our intelligence agencies were focused on terrorism carried out by small groups of individuals. But a look around the world shows that intelligence agencies can be abused in ways that are even more dangerous, not just to individuals but to democracy. Using security agencies to surveil and suppress political opponents is always a temptation for those in power. It is a temptation from which the United States has not escaped. The FBI’s director for life, J. Edgar Hoover, famously maintained his power by building files on numerous Washington politicians and putting his wiretapping and investigative capabilities at the service of Presidents pursuing political vendettas. That risk is making a comeback. The United States used the full force of its intelligence agencies to hold terrorism at bay for twenty years, but we paid too little attention to geopolitical adversaries who are now using chipping away at our strengths in ways we did not expect. As American intelligence reshapes itself to deal with new challenges from Russia and China, it is no longer hunting small groups of terrorists in distant deserts. -
Mandatory Minimum Penalties and Statutory Relief Mechanisms
Chapter 2 HISTORY OF MANDATORY MINIMUM PENALTIES AND STATUTORY RELIEF MECHANISMS A. INTRODUCTION This chapter provides a detailed historical account of the development and evolution of federal mandatory minimum penalties. It then describes the development of the two statutory mechanisms for obtaining relief from mandatory minimum penalties. B. MANDATORY MINIMUM PENALTIES IN THE EARLY REPUBLIC Congress has used mandatory minimum penalties since it enacted the first federal penal laws in the late 18th century. Mandatory minimum penalties have always been prescribed for a core set of serious offenses, such as murder and treason, and also have been enacted to address immediate problems and exigencies. The Constitution authorizes Congress to establish criminal offenses and to set the punishments for those offenses,17 but there were no federal crimes when the First Congress convened in New York in March 1789.18 Congress created the first comprehensive series of federal offenses with the passage of the 1790 Crimes Act, which specified 23 federal crimes.19 Seven of the offenses in the 1790 Crimes Act carried a mandatory death penalty: treason, murder, three offenses relating to piracy, forgery of a public security of the United States, and the rescue of a person convicted of a capital crime.20 One of the piracy offenses specified four different forms of criminal conduct, arguably increasing to 10 the number of offenses carrying a mandatory minimum penalty.21 Treason, 17 See U.S. Const. art. I, §8 (enumerating powers to “provide for the Punishment of counterfeiting the Securities and current Coin of the United States” and to “define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations”); U.S. -
Introduction the Foundations of Diplomatic Security
INTRODUCTION THE FOUNDATIONS OF DIPLOMATIC SECURITY INTRODUCTION 8 THE FOUNDATIONS OF DIPLOMATIC SECURITY Diplomatic security is as old as diplomacy itself. Initially, diplomatic security was primarily the secure conveyance of government communications using couriers and codes. The Persian, Babylonian, Egyptian, Chinese, Greek, Roman, Aztec, and Incan empires developed courier services to carry imperial messages. The Greeks and Romans also developed ciphers to preserve confidentiality of diplomatic messages.1 By the Renaissance (1500s), codes had emerged, and Spanish, French, English, Vatican, and Venetian foreign ministers routinely used ciphers and codes when writing to their diplomats abroad. The European monarchies also developed courier networks to carry messages. Courier work was seen as a training ground for diplomats because couriers had to exercise discretion, know the local language, and employ disguises to avoid detection.2 Colonial-era leaders in North America were acutely aware of the need to protect their correspondence. As tensions escalated between Great Britain and its American colonies in the 1760s, the Sons of Liberty communicated with each other by Figure 1: Henry Laurens, U.S. Commissioner to the dropping letters at secretly designated coffee houses or Netherlands. Laurens and his papers were captured by the British while en route to Europe. His papers provided taverns, where sympathetic postmen or ship captains evidence of Dutch aid to the American Revolution and led would pick up and deliver the letters. During the Great Britain to declare war on the Netherlands. Portrait by Pierre Eugène du Simitière, 1783. Source: Library of American Revolution, the small fleet of sympathetic Congress, Prints and Photographs Division. -
Leonard P. Roy Testimony
To: The Honorable Justices of the Supreme Court of the State of Minnesota From: Leonard Roy Date: March 28, 2017 Re: Rule 10 and proposed amendments (Tribal Court Orders and Judgments) Honorable Justices, thank you for allowing me to submit this testimony on the proposed Rule 10 amendments under consideration. I am Leonard Roy, a White Earth Tribal member, and I oppose Rule 10 and the proposed amendments because it negatively affects Tribal members. On October 29, 2002, the Supreme Court of the State of Minnesota considered the possibility of granting full faith and credit to Tribal Courts.1 Specifically, the petition for adoption of a rule of procedure for the recognition of Tribal Court orders and judgments was presented. However, the Supreme Court decided not to provide full recognition. During the hearing, Tribal members claimed that no separation of powers existed in the Minnesota Chippewa Tribe Constitution.2 Specifically, Tribal members from the Minnesota Chippewa Tribe—which includes White Earth Reservation, Bois Forte Reservation, Mille Lacs Reservation, Fon Du Lac Reservation, Grand Portage Reservation, and Leech Lake Reservation—claimed that an independent judiciary did not exist. This was true in 2002 and it is still true today. While the Minnesota Chippewa Tribe and its Bands have made great progress towards professionalizing and institutionalizing Tribal Courts, the Tribe has yet to amend its Constitution to create Tribal Courts. To complicate the matter even further, Minnesota passed Rule 10 that provided a modicum of recognition for Tribal Court decisions.3 This has led to the hearing today. This Constitutional impasse was evident at the Minnesota Chippewa Tribe’s Special Meeting held on March 15, 2017. -
How a Level I Negotiator Deals with a Level II Agitator
\\jciprod01\productn\H\HNR\21-1\HNR104.txt unknown Seq: 1 31-MAR-16 8:39 Strategizing the Two-Level Negotiation: How a Level I Negotiator Deals with a Level II Agitator Shivan Sarin* CONTENTS I. Introduction .......................................... 143 R II. A Theoretical Guide to the Two-Level Negotiation .... 145 R III. The Logan Act: An Example of the Level I Block ..... 149 R A. History and Purpose of the Logan Act ............ 149 R B. Limitations and the Two-Level Game ............. 151 R IV. Two-Level Negotiation in Practice .................... 152 R A. Folding in Level II with Level I: The Case of Central America .................................. 152 R B. The Bifurcated Middle Ground: The Case of the China-India Relationship ......................... 156 R C. Expanding the Win-Set with a Hard Line: The Case of Early 2015 Iran Negotiations ............. 159 R V. Conclusion ........................................... 161 R I. INTRODUCTION On March 9, 2015, forty-seven senators, led by Senator Tom Cot- ton, published an open letter to the leaders of the Islamic Republic of * Litigation associate at Ropes & Gray LLP in Boston, MA. I would like to thank the many colleagues who have contributed to the ideas and execution of this Article. In particular, I greatly appreciate the guidance of Nicholas Burns, Robert Mnookin, and James Sibenius. I would also like to give special thanks to the staff at Harvard Negotiation Law Review, who provided excellent editorial and substantive commentary through the many iterations of this Article. The views expressed in this Article are my own and do not reflect the opinions of Ropes & Gray LLP. -
Index for ''Proof of Collusion'
INDEX ABC, 25, 31–32, 40, 84–85, 94, 95, Apprentice, The, 60, 61, 63, 82, 298 100, 172, 172, 229–30, 278– Arif, Tevfik, 17, 30, 31, 39 79, 286 Arnold, Benedict, 4 Abedin, Huma, 208, 212 Arnold, Tom, 47, 59–61 Abu Dhabi, 228, 234, 290 Arsov, Trajche, 211–12 Access Hollywood, 194–95 Artemenko, Andrii V., 249, 253–55, Acosta, Jim, 103, 120, 176, 190 291 ACU Strategic Partners, 230, 231 artnet News, 34 Adamant, 37 Art of the Deal, The (Trump), 14 Affliction Entertainment, 19 al-Assad, Bashar, 220, 234, 240, Agalarov, Aras, 37, 44–47, 49–61, 272 64, 66–68, 74, 78, 84, 94, 98, Assange, Julian, 156, 173, 181, 196– 105–6, 140, 146, 224, 282 99, 202, 216, 292 Agalarov, Emin, 44–46, 49–52, 54, Associated Press, 25, 26, 29, 58, 309 55, 59–60, 64, 67, 68, 70, 73, Association of Accredited Public 84, 105, 139, 140, 145–47, 223– Policy Advocates to the Euro- 24, 264–66, 277–78, 282–84 pean Union, 185 aiding and abetting, 4, 188–89, 291 Association of Former Intelligence Ailes, Roger, 68 Officers, 62 Akhmetshin, Rinat, 148–50, 262, Atlantic, 136, 164, 175, 198, 199, 270, 272–73, 284 292 Alfa Bank, 59, 153, 181, 311 Aven, Pyotr, 59 Alfa Capital Partners, 126 Axios, 301 Alferova, Yulya, 45, 49–50, 52–53, Azerbaijan, 54, 120, 230 59–60, 63, 68, 98 Alptekin, Kamil Ekim, 117, 121 Baer, Robert, 74 American Jewish Committee, 172 Baker, James, 299–300 Apollo Global Management, 229, Bank of Russia, 92 231–32 Banks, Arron, 156 431 432 Index Bannon, Steve, 116, 127, 150, 155, Breitbart, 155, 185, 187, 207, 212, 165, 171–73, 180, 181, 190, 213 193, 196, 207, 212, -
Silencing the Opposition
Chapter 1 The Alien and Sedition Crisis Craig R. Smith ess than seven years after the First Amendment was made part of the LConstitution, it came under attack. This chapter demonstrates that the challenges to the First Amendment were politically motivated when the nation was perceived to be in serious danger. Facing a war with France and the potential of internal subversion, founders such as Alexander Hamilton and John Adams rationalized extra-constitutional activity on the part of the government. Despite protests from Democratic-Republicans, the Congress approved, and the executive branch carried out, legislation that muzzled freedom of expression. That action forced defenders of the Constitution to come forward and resolve the crisis in favor of the original, broader applica- tion of the First Amendment.1 Hamilton had been instrumental in the writing of the Constitution and in the monumental rhetorical effort to ensure its ratifi cation. His essays in the Federalist Papers are among the most powerful. Like John Adams and for a long time James Madison, Hamilton did not believe that a bill of rights should be included in the Constitution. He believed that enumerating specifi c rights in the Constitution would imply that nonenumerated rights could be taken away from the states and their citizens by the Congress.2 Hamilton argued in Federalist number 84 that if such a list of rights were included in the Constitution, then any rights left off the list would go unprotected by the Constitution. “Here, in strictness, the people surrender nothing, and as they retain every thing, they have no need of particular reservations.” He went on to claim that the clause stating “We the people” guaranteed all natural rights to the people; not listing individual rights in the Constitution implied that these rights were the birthright of mankind. -
REINVENTING GOVERNMENT and REGULATORY REFORM: STUDIES in the NEGLECT and ABUSE of ADMINISTRATIVE LAW Jerry L
PANEL: THE STRUCTURE OF GOVERNMENT ACCOUNTABILITY REINVENTING GOVERNMENT AND REGULATORY REFORM: STUDIES IN THE NEGLECT AND ABUSE OF ADMINISTRATIVE LAW Jerry L. Mashaw* TABLE OF CONTENTS I. Introduction...................................... 405 II. Myopic Managerialism: The Reinvention Initiative. .. .. 406 III. Some Realism About Managerialism. .............. .. 410 IV. Ensuring Regulatory Rigor Mortis: Congress Pursues Regulatory Reform. ..................... .. 416 V. Conclusion....................................... 421 I. INTRODUCTION As the title suggests, this will be a dispassionate essay. I will not take sides concerning which political branch of the current federal gov ernment, the President or the Congress, is embarked on a course that is more likely to impair the appropriate role of American administrative law in structuring and checking administrative action. Nor will I at tempt to determine whether ignorance of, or cynicism about, the law is the greater sin for would-be designers of public institutions. My stance is that of a neutral observer: a chronicler of current events and an ana lyst of their implications for the role of law in an imploding administra tive state. The thesis of this article is straightforward: Reform of the admin- • Sterling Professor of Law, Yale University. This paper is a slightly revised version of a talk presented at the University of Pittsburgh School of Law's Second Century Conference, Sep tember 21-22, 1995. 405 HeinOnline -- 57 U. Pitt. L. Rev. 405 1995-1996 406 UNIVERSITY OF PITTSBURGH LAW REVIEW [Vol. 57:405 istrative state is on everyone's agenda. The executive branch is busily "reinventing government" to make it more effective. Congress is pro posing major "regulatory reform" legislation to promote more efficient and responsive regulation.1 Both initiatives are deeply problematic. -
The Logan Act: an Overview of a Sometimes Forgotten 18Th Century Law
Legal Sidebari The Logan Act: An Overview of a Sometimes Forgotten 18th Century Law Wilson C. Freeman Legislative Attorney January 12, 2018 The Logan Act, which has been the subject of much recent debate, generally makes it illegal for U.S. citizens to engage in unauthorized diplomacy with foreign countries with intent to “influence the measures or conduct” of a foreign government or to “defeat the measures of the United States . .” Prosecutors have only brought two Logan Act indictments since its enactment, neither of which led to conviction. As stated by one commentator, the Act has been called a “dead letter,” an “anachronism,” a “curious federalist antique,” “the most moribund of federal statutes,” and an “eighteenth century relic that slumbers in splendid disregard.” Others have noted that the statute is not completely moribund—the State Department has occasionally enforced the Logan Act’s prohibitions by way of passport suspensions and travel restrictions, and there has been a successful court martial of a U.S. serviceman for conduct of the kind barred by the statute. But regardless of the debate over the Logan Act’s precise history, its sparse use in its intended criminal context is undisputed, which raises significant legal questions for Congress. This Sidebar explores the Logan Act, and addresses why the statute has had such limited usage, including a brief explanation of some of the constitutional concerns that surround the law. Finally, this Sidebar concludes with a discussion of what Congress could do to modify the statute to make it less susceptible to some of these concerns. Background. -
The Russian Economy: Prospects for Putin 4.0
íÜÉ|êìëëá~å|ÉÅçåçãóKéÇÑ===N===OQKMOKOMOM===OOWPSWRO The Russian Economy The Russian Economy: Prospects for Putin 4.0 Editors: Andis Kudors, Jānis Hermanis The Russian Economy: Prospects for Putin 4.0 Editors: Andis Kudors, Jānis Hermanis Centre for East European Policy Studies University of Latvia Press Riga, 2020 UDK 32(470+571) Ru766 This project was implemented by the Centre for East European Policy Studies in cooperation with the Friedrich-Ebert-Stiftung in the Baltic States and European Commission Represen- tation in Latvia Editors: Andis Kudors, Jānis Hermanis Assistant to the Editor: Anna Lasmane Authors of articles: Mārcis Balodis, Maria Domanska, Aleksandr Golts, Mārtiņš Kaprāns, Kai-Olaf Lang, Marius Laurinavičius, Vladimir Milov, Dmitry Oreshkin, Vita Spivak, Kirsten Westphal English language editor: Translation agency “Valodu koks” Layout: Andra Liepiņa Cover design: Agris Dzilna © Authors of articles, 2020 © Centre for East European Policy Studies, 2020 © Friedrich-Ebert-Stiftung, 2020 © European Commission Representation in Latvia, 2020 https://doi.org/10.22364/ceeps.repp.20 ISBN 978-9934-18-510-6 Table of Contents Jānis Hermanis Foreword . 5 Andis Kudors Introduction . 9 Part I: Domestic Development Maria Domanska State of Russian Economy and its Influence on Putin’s Politics at the 4th Term . 15 Vladimir Milov Russia’s Dependency on the Energy Sector: How Long? . 27 Dmitry Oreshkin Putin’s Vertical and the Regions . 41 Alеksandr Golts Military Expenditure During Putin’s Rule . 61 Part II: International Dimension Kai-Olaf Lang, Kirsten Westphal Russia and the European Union – The Changing Role of Energy . 75 Vita Spivak Russia-China Economic Relations under Putin Version 4.0 . -
Mueller's Digging Exposes Foreign Lobbying and Its Big
Mueller’s Digging Exposes Foreign Lobbying and Its Big Paydays The mandate given to Robert Mueller and his team was broad: to investigate not just Russian election interference but also any related crimes they might unearth. So when this group of seasoned prosecutors began rooting around Washington, they pounced on a ripe target — lobbyists taking millions of dollars from foreign governments. At the trial of Paul Manafort, an unflattering picture has emerged of lawyers, lobbyists and consultants from both political parties winning big paydays for work on behalf of a Kremlin- aligned former Ukrainian strongman. Some spent the money on cars and homes, prosecutors said, and a jacket made of ostrich for Manafort. The vigor with which Mueller has investigated the flows of money from Ukraine, Turkey and other countries into Washington could be as much a part of his legacy as special counsel as whatever he discovers about possible collusion between Russia and the Trump campaign or presidential obstruction of justice. The Manafort case is part of a broader inquiry into the lucrative work done on behalf the former president of Ukraine, Viktor F. Yanukovych, and Mueller has handed some elements of the investigation to prosecutors in New York. Beyond his office, the Justice Department has also recently been pursuing foreign influence cases with greater urgency. ADVERTISING All this has prompted lobbyists to hunt for advice about how to comply with laws governing that sphere, long viewed as toothless. “The phone rings much more often with this question than it did two years ago,” said Tom Spulak, a partner at the King & Spalding law firm who advises on lobbying compliance. -
Danish-Russian Relations, 1989-2019
The University of San Francisco USF Scholarship: a digital repository @ Gleeson Library | Geschke Center Master's Theses Theses, Dissertations, Capstones and Projects Spring 5-15-2020 Tinderbox: Danish-Russian Relations, 1989-2019 Maddy Ghose [email protected] Follow this and additional works at: https://repository.usfca.edu/thes Part of the Cultural History Commons, Diplomatic History Commons, Eastern European Studies Commons, European History Commons, European Languages and Societies Commons, International Relations Commons, Military History Commons, Other International and Area Studies Commons, Political History Commons, Scandinavian Studies Commons, and the Soviet and Post-Soviet Studies Commons Recommended Citation Ghose, Maddy, "Tinderbox: Danish-Russian Relations, 1989-2019" (2020). Master's Theses. 1279. https://repository.usfca.edu/thes/1279 This Thesis is brought to you for free and open access by the Theses, Dissertations, Capstones and Projects at USF Scholarship: a digital repository @ Gleeson Library | Geschke Center. It has been accepted for inclusion in Master's Theses by an authorized administrator of USF Scholarship: a digital repository @ Gleeson Library | Geschke Center. For more information, please contact [email protected]. Tinderbox: Danish-Russian Relations, 1989-2019 Maddy Ghose University of San Francisco May 2020 Master of Arts in International Studies Tinderbox: Danish-Russian Relations, 1989-2019 In Partial Fulfillment of the Requirements for the Degree MASTER OF ARTS in INTERNATIONAL STUDIES by Maddy