Lawsuit Against Rosemary Lehmberg Moves Foward, Jury Trial Schedule for July 22

June 13th, 2013

That’s what I’m gleaning from this Statesman article on Travis County DA Rosemary Lehmberg following her DWI, though it doesn’t say the July 22 trial is for her removal under state law for intoxication of public officials. (The trial is not for her DWI, for which she already plead guilty and served time.) Unfortunately, the piece by Ciara O’Rourke is hardly a model of journalistic clarity:

Judge clears way for suit to remove Lehmberg

Visiting Judge David Peeples made several rulings Tuesday in a lawsuit to remove Travis County District Attorney Rosemary Lehmberg from office, including allowing another removal petition filed recently by a former district attorney candidate to proceed.

Rick Reed, who ran against Lehmberg in 2008, filed a petition two weeks ago that claims 16 counts of official misconduct ranging from coercion of a public servant to retaliation.

That and a separate petition to remove her from office on grounds of intoxication were filed under a state law that allows the removal of a district attorney on grounds of incompetency, official misconduct and intoxication on or off duty.

Lehmberg pleaded guilty to driving while intoxicated April 19, a week after Travis County sheriff’s deputies arrested her following a 911 call about a car driving for about a mile in a bike lane, swerving and veering into oncoming traffic, according to an arrest affidavit. A blood sample showed her blood alcohol level was nearly three times the legal limit.

Reed cites Lehmberg’s behavior as she was being booked in jail, including asking for Sheriff Greg Hamilton several times, as examples of her alleged misconduct.

A jury trial is scheduled for July 22, though the Travis County attorney’s office, which is representing the state, could decline to pursue the suit on either ground.

Executive Assistant County Attorney James Collins said the county attorney’s office is at this point preparing for trial on July 22, though he told Peeples that prosecutors haven’t finished reviewing Reed’s petition.

A second hearing before the trial date was scheduled for June 21, when Collins told Peeples prosecutors expect to request to test a hair sample from Lehmberg and to further test the blood sample taken after her arrest.

I’m assuming the trail is for “a separate petition to remove her from office on grounds of intoxication were filed under a state law that allows the removal of a district attorney on grounds of incompetency, official misconduct and intoxication on or off duty,” but the piece is so poorly written it’s hard to tell.

The Fox 7 report is considerably clearer: “A petition filed by County Attorney David Escamilla calls for her removal on grounds of intoxication saying Lehmberg violated Texas Government Code. Lehmberg did not appear in court Tuesday when a judge decided there will be a jury trial.”

In other news, as Dwight already reported, Governor Rick Perry is threatening to veto all state funding for the Travis County Public Integrity Unit, which Lehmberg heads as Travis County DA, unless she resigns.

But there is one good spot of news for Lehmberg: She’s no longer a suspect in a hit-and-run that happened the night of her drinking-and-driving binge.

Previous coverage here.

Public Not So Hot on Unlimited Surveillance State

June 12th, 2013

Or so says a CBS poll on the vast NSA/FISA/PRISM monitoring program. Republicans and Independents were pretty strongly against the government reading their emails and seizing their phone records. Democrats, on the other hand, were evenly split; evidently half of them do want Big Brother monitoring their every move…at least when the person in the White House has a (D) after their name.

A less granular Pew poll show more support for the NSA being able to “monitor everyone’s email. Like any poll (much less a Pew poll), I’d take it with a large grain of salt, especially given how ridiculously over-weighted with Democrats this poll is:

Fisking Obama’s NSA Conference (Part 1)

June 11th, 2013

Obama gave his speech on the NSA scandal a few days ago. I wanted to fisk it because it’s eminently fiskable, and I don’t think that anyone else has done it (though Scott Shackford over at Reason took a stab).

Comments in blockquotes are from Obama’s press conference, the rest are mine (along with referenced quotes to others).

I’m going to take one question.

One whole question? How generous of you! Not only did George W. Bush hold far more press sessions than Obama, I seem to remember him answering a lot more questions at each one as well.

And then remember, people are going to have opportunity to — I’ll also answer questions when I’m with the Chinese president today.

“One, Barack Obama is terrified of the press and refuses to face them on his own. Two, out of fear he is using foreign leaders as props to keep the press from getting out of hand, and to force them to ask questions having nothing to do with his scandals.”

So I don’t want the whole day to just be a bleeding press conference.

How about just one day you have a press conference where you actually answer all the questions reporters have on Benghazi, the IRS, Pigford, and the NSA?

But I’m going to take Jackie Calmes’s question.

Ah, yes, Jackie Calmes. Even among the Obama-philic staff of The New York Times, Colmes stands out for consistently pushing the Obama line, be it the desirability of Keynesian pump-priming deficit spending over fiscal responsibility, Obama’s credentials as a pragmatist, or claiming ObamaCare will reduce the deficit, Obama can always count on Jackie to lend him a helping hand! Imagine Bush only taking one question at a press conference, then calling on Rush Limbaugh or Dennis Miller.

Q: Mr. President, could you please react to the reports of secret government surveillance of phones and Internet? And can you also assure Americans that the government—your government doesn’t have some massive secret database of all their personal online information and activity?

“Could you reassure.” Funny, I thought it was the job of reporters to ask questions to elicit information, not “assurance.” What a nice, slow pitch over the middle of the plate.

PRESIDENT OBAMA: Yeah. You know, when I came into this office, I made two commitments that are more than any commitment I make: number one, to keep the American people safe;

I’m sure Ambassador Stephens deeply appreciated those efforts during the last few hours of his life.

and number two, to uphold the Constitution. And that includes what I consider to be a constitutional right to privacy and an observance of civil liberties.

Funny, Mr. Obama’s fervor to uphold the Constitution (especially such “troublesome” sections as the Second and Tenth Amendments) has seemed fairly underwhelming to non-liberal observers, especially compared to his enthusiasm for expanding the size and scope of the federal government, or even reducing his golf handicap.

Now, the programs that have been discussed over the last couple days in the press

Well, there’s a pretty vague formulation. Why not just come out and say “The NSA FISA Prism intercept program?” Is this just an inadvertently vague phrasing, or is it deliberate in order to provide plausible deniability if proven false? Given the extensive revisions the Benghazi talking points underwent, I’m going to go with “deliberate.”

are secret in the sense that they’re classified, but they’re not secret in the sense that when it comes to telephone calls, every member of Congress has been briefed on this program.

Funny, but congressional Republicans have said otherwise, and that they had no idea of the breadth and depth of NSA’s Prism program. Democratic Senator Jeff Merkley (OR) says the same thing. And Obama mouthpiece Jay Carney walked back the “every member” claim. Even so, notice the “when it comes to telephone calls” qualifier, which suggests large swathes of other types of data collection they haven’t been briefed on.

With respect to all these programs, the relevant intelligence committees are fully briefed on these programs.

I can’t actually ding that as a lie, since the intelligence committee people who have talked about it (including Marco Rubio) have sounded supportive of it, even the “hand over all your metadata for all phone customers” portion.

These are programs that have been authorized by broad, bipartisan majorities repeatedly since 2006.

The general NSA program yes. “Obtain the records for every phone call made in America?” Not so much. Also don’t forget that as Senator, Obama himself railed against the government conducting “a fishing expedition through every personal record or private document.” Of course, seizing every record isn’t a fishing expedition, it’s a net-drag operation designed to capture all the fish. And George W. Bush’s NSA director says the program has expanded under Obama.

And so I think at the outset, it’s important to understand that your duly elected representatives have been consistently informed on exactly what we’re doing.

Some representatives, and not “constantly.”

Now, let — let me take the two issues separately. When it comes to telephone calls, nobody is listening to your telephone calls.

This statement is almost certainly false, given that some Americans are almost certainly covered by one of the 1,769 classified wiretap orders filed in 2012.

That’s not what this program’s about. As was indicated, what the intelligence community is doing is looking at phone numbers and durations of calls. They are not looking at people’s names, and they’re not looking at content.

This is almost certainly a lie. I can’t imagine there’s not a name-matching algorithm operating even at this very early stage of metadata sifting.

But by sifting through this so-called metadata, they may identify potential leads with respect to folks who might engage in terrorism.

And the NSA’s idea of “people who might engage in terrorism” is “everyone who owns a Verizon phone?”

If these folks — if the intelligence community then actually wants to listen to a phone call, they’ve got to go back to a federal judge, just like they would in a criminal investigation. So I want to be very clear. Some of the hype that we’ve been hearing over the last day or so — nobody’s listening to the content of people’s phone calls.

The strawman set alight here is so large that Nicolas Cage should be standing underneath it screaming “No, not the bees!” First, as Shackford noted in his piece, ” Nobody said that the program was about listening to telephone calls.” Second, just because you’re not actually listening in, doesn’t mean that you can’t glean data from the metadata, including sensitive and potentially blackmail-worthy data. And, as the IRS scandal shows, there’s no reason for the public to believe that Obama Administration officials won’t abuse such data if they get their hands on it.

There’s that word “fully” again. And there’s a great deal of evidence that court has become little more than a rubber stamp, turning down a whopping .03% of the requests submitted.

And so not only does that court authorize the initial gathering of data, but I want to repeat, if anybody in government wanted to go further than just that top-line data and wanted to, for example, listen to Jackie Calmes’s phone call, they’d have to go back to a federal judge and — and — and indicate why, in fact, they were doing further — further probing.

Again with the listening to phone calls. Handwaving.

Now, with respect to the Internet and emails, this does not apply to U.S. citizens, and it does not apply to people living in the United States. And again, in this instance, not only is Congress fully apprised of it, but what is also true is that the FISA Court has to authorize it.

Given that the NSA intercepts 1.7 billion emails a day, I find it hard to believe that they’re all to or from foreigners, unless an usually high percentage of them are Nigerian princes.

So in summary, what you’ve got is two programs that were originally authorized by Congress, have been repeatedly authorized by Congress. Bipartisan majorities have approved (on them ?). Congress is continually briefed on how these are conducted. There are a whole range of safeguards involved. And federal judges are overseeing the entire program throughout.

For this summary of lies and half-truths, see the fisking of the previous lies and half-truths.

And we’re also setting up — we’ve also set up an audit process when I came into office to make sure that we’re, after the fact, making absolutely certain that all the safeguards are being properly observed.

Which is it? You’ve set it up, or you’re going to set it up? And we should trust you for that same sterling oversight you’ve observed for Benghazi, Pigford, and the IRS? Speaking of “audit processes.” Bad choice of words there, O…

Now, having said all that, you’ll remember when I made that speech a couple of weeks ago

No, as a matter of fact, I don’t. You give so many speeches, and say so little in each of them.

about the need for us to shift out of a perpetual war mindset.

Translation: “I’m a 9/10 Democrat.” How Obama’s love of drone strikes, and his decision to intervene in the Libyan civil war (and now, possibly, the Syrian civil war as well) tie into shifting out of a “perpetual war mindset” remains unclear. As does how we get Al-Qaeda, the Taliban, and various other terrorist groups (some backed by the Islamic Republic of Iran) to stop killing Americans. It would probably be quite easy to “shift out of a perpetual war mindset” if fighters for radical Islam weren’t waging perpetual war on us.

I specifically said that one of the things that we’re going to have to discuss and debate is how were we striking this balance between the need to keep the American people safe and our concerns about privacy, because there are some trade-offs involved.

So far the “trade offs” of your foreign policy seem to be “keep fighting long enough to avoid being accused of losing in Iraq and Afghanistan, but not doing enough in either place to actually win.”

And I welcome this debate.

Given how thin-skinned you are, how negatively you react to people criticizing you, and how poorly you performed debating Mitt Romney, I rather doubt that.

And I think it’s healthy for our democracy. I think it’s a sign of maturity, because probably five years ago, six years ago, we might not have been having this debate. And I think it’s interesting that there are some folks on the left, but also some folks on the right who are now worried about it who weren’t very worried about it when it was a Republican president. I think that’s good that we’re having this discussion.

You know what debate we weren’t having 5 or 6 years ago? “Why is the IRS targeting the Administration’s political opponents?” And we weren’t having that debate because George W. Bush wasn’t using the IRS to target his political opponents. Unlike you.

We also weren’t having this debate because we really believed that Bush was committed to fighting the war on terror. Unlike you. Moreover, we weren’t having this debate back when there were 22 classified wiretap orders because that didn’t seem excessive. Now that there are 1,769 classified wiretap orders, under an Administration known for abusing its power, it’s a lot more urgent concern. We didn’t have that debate under a Republican because he didn’t have the documented pattern of abuse of power you do. Was it short-sighted of our representatives to sign off on the more expansive measures of the Patriot Act? Obviously so, though how could they have known your abusive administration was coming down the pike so soon?

But I think it’s important for everybody to understand, and I think the American people understand, that there are some trade-offs involved. You know, I came in with a health skepticism about these programs.

Sure you did…right up until you realized you were in charge of them. See also: Lord Acton.

My team evaluated them. We scrubbed them thoroughly. We actually expanded some of the oversight, increased some of the safeguards.

How convenient that everything is secret so we can’t evaluate these “improvements” your team has made.

But my assessment and my team’s assessment was that they help us prevent terrorist attacks.

Maybe. But how many did they prevent, and at what cost? Which of those 1,769 secret wiretap orders were more effective than the previous 22?

And the modest encroachments on privacy that are involved in getting phone numbers or duration without a name attached and not looking at content — that on, you know, net, it was worth us doing.

I’m sure that Obama feels that any encroachment’s on other people’s privacy are entirely acceptable, just as he feels spending more of other people’s money on higher spending and taxes is just fine and dandy. And I don’t think that gathering phone and email data for every American is “worth doing.” Or constitutional.

That’s — some other folks may have a different assessment of that. But I think it’s important to recognize that you can’t have a hundred percent security and also then have a hundred percent privacy and zero inconvenience. You know, we’re going to have to make some choices as a society.

No one (at least among conservatives or libertarians) believes that you can reach 100% security, because human beings are inherently imperfect creatures. But we’re not asking for “100% privacy,” we’re demanding the level of freedom and privacy guaranteed by the Constitution of the United States of America. And the TSA seems to be closing in on 100% inconvenience for 0% effectivety. 100% privacy and 100% security are both unreachable, but 100% secret surveillance of a free nation’s phone calls and emails is intolerable.

And [all?] I can say is, is that in evaluating these programs, they make a difference [to] anticipate and prevent possible terrorist activity. And the fact that they’re under very strict supervision by all three branches of government and that they do not involve listening to people’s phone calls, do not involve reading the emails of U.S. citizens or U.S. residents, absent further action by a federal court, that is entirely consistent with what we would do, for example, in a criminal investigation.

Both the scandal and the leak of same proves that the supervision isn’t “very strict.”

Once again Obama stands up his “listening to every phone call” and “reading every email” strawmen to give them another pummeling. And I severely doubt that any police department in any city has ever sworn out a warrant that said “give me the phone records for every call in [for example] New York City over the last month.” This is the sort of abuse that can only be carried out by the vast, unaccountable, black budget national security state. Worse still, your Administration’s unwillingness to name and confront the threat posed by radical Islam has made us all less safe still.

I think, on balance, we — you know, we have established a process and a procedure that the American people should feel comfortable about. But again, this — these programs are subject to congressional oversight and congressional reauthorization and congressional debate. And if there are members of Congress who feel differently, then they should speak up.

They are.

And we’re happy to have that debate. OK.

Joe the Plumber certainly remembers how “happy” you and your supporters are to have “debates.” Funny how you and your supporters willingness to abuse and leak government information was already on display even before you were elected. We should have taken that as a sign.

That ends the fisking of Obama’s answer to Calmes’ question. This is already so long I think I’ll go ahead and post it, and save the fisking for Obama’s answer to the other question he allowed to a later post.

Ted Cruz on the NSA and Other Obama Scandals

June 10th, 2013

Currently working on a fairly large (and hopefully important) piece on the NSA scandal. In the meantime, here’s Ted Cruz on the scandal, and here he is on Glenn Beck discussing how the Obama Administration seems to view the Constitution as a “pesky obstruction.”

LinkSwam for June 8, 2013

June 8th, 2013

It’s hard to find time to do an ordinary LinkSwarm with so much Obama scandal news breaking. It’s like ScandalPalooza. And there are some scandal tidbits here as well.

  • Inside the life of Kim Il-Sung’s personal sushi chef.
  • Obama’s arguments for vast NSA powers amounts to “Terrorism is on the run. That’s why we have to tap all your phones and read all your email.”
  • You know what the great weasel word in common for tech giant non-denial denials on the NSA PRISM scandal? “Direct access.” Or “we give them boatloads of indirect access.”
  • The IRS scandal is like Enron: criminality by underlings empowered by a toxic culture at the top by people who think the rules don’t apply to them because they’re smarter than everyone else. “Any good CEO will tell you that ethical meltdowns like the IRS political-targeting scandal are rarely the work of a few rogue employees. Such messes are the result of a toxic culture that has been allowed to fester.”
  • That Gibson guitar raid now makes sense as part of Obama’s weaponizing of the federal government.
  • ObamaCare advocates are just fine with doubling premiums for the poor.
  • Code Pink learns that Michelle Obama may not be criticized any time, ever, for anything.
  • Oh, come on! You can’t even parody this stuff any more. (Hat tip: Ace of Spades.)
  • Fake EPA employee wins real EPA award. (Also from Ace of Spades, which has a lot more EPA malfeasance, including the same sort of conservative targeting the IRS used.)
  • The idea that conservatives oppose Obama just because he’s black is an outrageous, pernicious lie that harms America.
  • Mark Steyn: Why are we spending billions on the NSA when we don’t have the guts to actual screen Muslim immigrants?
  • A former Communications Intelligence officer looks at PRISM.
  • 24 Turks arrest for anti-Erodgan Tweets.
  • Complex regulation i strangling American business.
  • FISA/NSA/PRISM/IRS/Etc. Midday Obama Scandal Roundup for June 7, 2013

    June 7th, 2013

    The torrent of Obama scandal information is flooding the news is something to behold. In contrast to the tiny drops of Benghazi information the MSM would begrudgingly dole out last year, every day seems to bring a new outrage about how the Obama Administration is trampling on the rights of American citizens. I wish they would put 1/10th the effort of snooping on innocent Americans into tracking and deporting illegal aliens as required by law.

    Some links:

  • How PRISM works, using the NSA’s own slides.
  • How the NSA lies with numbers. “We only issued 1,789 requests for warrentless wiretaps last year…that just happened to cover every phone and data provider in America.” Plus that number was just 21 in 2009.

  • NSA’s Verizon request targeted Americans, not foreigners. “This is [an] indiscriminate dragnet. Say what you will about warrantless wiretapping, at least it was targeted at agents of Al Qaeda. This includes every customer of Verizon Business Services.”
  • “And when we swear up and down, cross our hearts and hope to die, that the NSA does no domestic spying on Americans, what we actually mean is that there’s an awful lot of it.”
  • So why does #NSA’s #PRISM use the Dark Side of the Moon logo? “All that you touch, all that you see…”

    The eye-on-the-pyramid scheme came from the Great Seal of the United States – it’s on the back of the dollar bill – and is still beloved of conspiracy theorists all over the world. It’s meant to be the all-seeing eye of God, but it’s also commonly associated with freemasonry, the occult and a shadowy New World order presided over by the Illuminati. To deploy it in a logo for a creepy-sounding spy agency simply justifies the paranoia of people who think the world is run by lizard-shaped aliens. David Icke’s next podcast will write itself.

  • The IRS political timeline.
  • The New York Times softens its editorial on Obama within hours of publishing it. Bet they never did that for an editorial critical of Bush…
  • The NSA scandal has even hit the sports pages: “LeBron James and his friends should be worried right now, and not just because the government is tracking their phone calls.”
  • The ACLU is shocked, SHOCKED that Obama is reading your email.
  • Hat tips: Ace, Insta, others.

    Texas vs. California Update for June 6, 2013

    June 6th, 2013

    Yest another busy week, so here’s a very brief Texas vs. California update:

  • Why Houston is a job-creating juggernaut. And why California cities aren’t.
  • Texas now produces one-third of all U.S. crude oil.
  • Midland now has a higher per-capita income than silicon valley.
  • Dear Everyone Freaking Out Over the Precision Guided Firearms Tracking Point: Freak Out Over Something Else

    June 5th, 2013

    I know I’m a bit late to this party, since it was on Slashdot months ago, but people are evidently still freaking out over the Precision Guided Firearms Tracking Point rifle. That’s the rifle with the integrated fire control computer that automatically adjusts/delays the shot until it’s dead on target, radically reducing human error.

    A writer friend fretted over someone using this to take a out a kindergarten.

    Don’t. Spree killers simply don’t use $17,000, 20 pound rifles firing .338 Lapua.

    This gun would be the exact opposite of a spree-killing gun, because it slows down the rate at which you fire to make a perfect on-target shot, the opposite of the spree killer’s MO. It’s also a distance weapon that’s too heavy and bulky to easily carry around. It’s a weapon for rich big game hunters and wealthy gadget freaks.

    Spree killers aren’t into cool technogadgets, they’re mentally unstable losers looking to erase the shame of their own failures in a spectacular act of bloody criminal catharsis. (Plus a few completely insane, like the Tucson and Aurora shooters, whose motives are unfathomable.)

    In that hypothetical kindergarten killing spree with the Tracking Point, our nutjob is only going to get 2 or 3 shots before his victims run screaming out of his scope range. He’d rack up a much higher body count by walking in with an AK or Mac-10.

    Might this type of rifle be used for other types of crimes? Maybe high-end, long-distance hits and assassinations: One shot, one kill from a mile away. But the downside is that this is way too bulky and conspicuous to carry around for that purpose, and all the Tracking point guns seem to be chambered in exotic big game calibers, so legal owners of such a monster will probably come up on a list of possible perps pretty quickly.

    About the last thing people need to worry about is potential spree killers with $17,000 burning a hole in their pocket. You’re more likely to be killed by a cow.

    Ted Cruz Sides with the Dissent in Maryland vs. King

    June 4th, 2013

    Ted Cruz sides with the dissent in the recently decided Maryland vs. King DNA gathering case:

    All of us should be alarmed by this significant step towards government as Big Brother. The excessive concentration of power in government is always inimical to liberty, and a national database of our DNA cannot be reconciled with the Fourth Amendment.

    Accumulating DNA from arrestees—without warrant or probable cause to seize the DNA—is not designed to solve the crime for which the person has (rightly or wrongly) been arrested. Rather, it’s to test the DNA against a national database to potentially implicate them in other unsolved crimes. But the Constitution requires particularized suspicion of a specific crime; indeed, the Fourth Amendment was adopted to prohibit the British practice of “general warrants” targeting individuals absent specific evidence of wrongdoing.

    The Actual Text of the Maryland vs. King Decision

    June 4th, 2013

    Actual text of the Supreme Court’s Maryland vs. King “police can take DNA samples” decision can be found here in PDF form. Still haven’t read it yet.