Intro to JW’s ‘Exposing the Deep State’


Intro by John R. Houk

© June 30, 2018

I received an email from Judicial Watch wanting to take a look at their 3-minute video on the Deep State. The email says the video is four minutes long but really the actual time is 3:02. The email is dated 6/28/18. The most interesting part for me was the link attached to phrase, “Read more about the Deep State”. That link goes to a 64-page PDF called a JW special report entitled, “Exposing the Deep State”.

 

I encourage to read the Deep State report that includes an appendix of documents won by JW use of the Freedom of Information Act (FOIA). Naturally, in the name of National Security many of those documents are redacted.

 

To inspire you to read the whole report I am cross posting the Executive Summary and Introduction. I am also including the Conclusion section. Here is the Table of Contents so that know which sections are missing in my cross post:

 

Table of Contents

 

Executive Summary-3

 

I. Introduction and Background-5

 

Four Case Studies-8

 

Case Study # 1: The Environmental Protection Agency-8

Case Study # 2: The Internal Revenue Service-13

Case Study # 3: Outside Organizations, Inside Operations-16

Case Study # 4: The Intelligence/Law-Enforcement Community-19

 

III. Conclusion-37

 

IV. Appendix-41

 

And here is the text of the email:

 

Announcing a compelling new short-form video:
On Issue – “Inside the Deep State!

 

Dear Editor/Broadcaster,

I am pleased to announce that Judicial Watch is now launching an exciting new educational, cutting edge video series I believe many in your audience will find captivating and informative…

And, the first, 4 minute edition is now available HERE!

It’s called On Issue  – “Inside the Deep State”…

And it provides vital insights into a topic that grows increasingly salient with every passing day.

Fast-paced and fact-filled “Inside the Deep State,” features JW’s highly respected Director of Investigations, Chris Farrell, laying it all out – in his own captivating and highly informative style.

And he does it all in just under four minutes!

Click here now to watch Inside the Deep State…

And then please feel free to use it however you wish to keep your audience On Issue!

Sincerely,

Carter Clews

 

VIDEO: JW On Issue: Exposing the Deep State

 

Posted by Judicial Watch

Published on Jun 25, 2018

 

The Deep State is comprised of legions of political appointees, career civil servants and powerful private contractors who run the government–no matter who sits in the Oval Office–no matter which political party controls Congress–and no matter what is the will of the American people.

 

No matter who’s in power, they exert control.

 

Read more about the Deep State here: http://www.judicialwatch.org/wp-content/uploads/2017/09/JW-Special-Report-Deep-State-2017.pdf

 

And now – the Deep State analysis.

 

JRH 6/30/18

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Exposing the Deep State

 

A Judicial Watch Special Report

September 2017

 

Judicial Watch Logo

 

Executive Summary

 

“They pride themselves on operating below the radar – and above the law”

 

We face a crisis of the Deep State – “Alt-government,” I sometimes call it. The actions of the Deep State constitute a direct challenge to our republican form of government. Working primarily through the intelligence and law-enforcement agencies, the Deep State is actively engaged in subversive measures designed to delegitimize Donald Trump, cause the American people to lose faith in their president, destroy the Trump presidency and eventually impeach him or put him in jail. — Judicial Watch President, Tom Fitton

 

This Judicial Watch Special Report analyzes the Deep State, which comprises legions of political appointees, career civil servants and powerful private contractors who run the government no matter who sits in the Oval Office. No matter which political party controls Congress. And, no matter what is the will of the American people. No matter who’s in power, they exert control. Oftentimes, the liberal media effectively operates as the propaganda arm of the Deep State.

 

The shadowy world in which Deep State actors maneuver is characterized by three disturbing proclivities: Secrecy, surveillance and subterfuge.

 

The operatives manning and manipulating the Deep State demand an activist, interventionist government, both domestically and internationally. Importantly, their worldview often rejects the beliefs and values of a majority of patriotic Americans.

 

As time goes on, the disparity between the values and beliefs of the people and those of the Deep State becomes cumulative, and no matter whom the people elect to public office, the Deep State takes the nation in a direction that increasingly diverges from where the people desire to go.

 

Sometimes, as it has with the Trump presidency, the Deep State rises to the surface in rebellion, taking aggressive, seditious measures against a president whose election it opposed and who it perceives to be a threat to its own agenda and, perhaps, its very survival. As already is clear with the Trump presidency, the Deep State can turn on any president that threatens its interests and survival. And left unchecked, it may illegally destroy him.

 

This Special Report explores the workings of the Deep State through four case studies, in each of which Judicial Watch is involved in investigative action and litigation:

 

  • The Environmental Protection Agency (EPA), involving three JW Freedom of Information Act (FOIA) lawsuits. One lawsuit focuses on the efforts by agency political officials and civil servants to hide their communications and circum-vent the Federal Records and Freedom of Information Acts. The second law-suit demands to see documents surrounding the EPA’s cost-benefit analysis of the Clean Power Plan, which Judicial Watch suspects to be “fake science” used to justify the Obama EPA’s health claims in the Clean Power Plan, a scheme to end coal energy under the guise of combatting alleged global warming. The third lawsuit is aimed at EPA’s efforts to propagandize the American People illegally to promote its power grab over a clean water rule it was attempting to promulgate at the time.

 

  • The Internal Revenue Service (IRS), involving four JW FOIA lawsuits focusing on the political targeting of President Barack Obama’s political enemies, including conservative non-profit organizations and individuals, and the unlawful collusion among the IRS and other agencies of government, such as the Justice Department, the FBI, the Department of Health and Human Services, to spy on innocent American citizens, propagandize them and bring criminal charges against political enemies of the Obama administration and/or the Deep State.

 

  • United States Agency for International Development (USAID)/Soros Open Society Foundations, involving two JW FOIA lawsuits focusing on the Soros Open Society Foundations’ use of U.S. taxpayer money channeled through USAID to destabilize and overthrow the democratically elected governments of Macedonia and Albania.

 

  • The Intelligence/Law-Enforcement Community, involving six JW FOIA law-suits, an additional FOIA request and an advisory/demand letter, all focused on the surveillance, unmasking and illegal targeting of President Trump and his associates during the government’s investigation of purported Russian involvement in the 2016 presidential election and alleged collusion with the Russians by Trump and his team. The Special Report examines the flood of leaks and innuendos coming out of the government surrounding Trump and his associates, including the Gen. Michael Flynn episode; the Obama administration’s misuse of the NSA database of surveillance intercepts to target and unmask the identities of Americans; the Trump Dossier and the FBI’s involvement in it; along with James Comey’s purloined memoranda and the appointment of a special counsel to investigate Trump and his associates, including unsubstantiated accusations of obstruction of justice by the president when he allegedly ask Comey to shut down the Flynn investigation. The Report assembles the evidence at hand and finds it supports the conclusion that the Deep State, working primarily through the intelligence and law-enforcement agencies, is actively engaged in subversive measures (a “soft coup”) designed to delegitimize Donald Trump, cause the American people to lose faith in their president, destroy the Trump presidency and eventually impeach him or put him in jail.

 

At the beginning of this Special Report, it is observed that the Deep State is not monolithic but it shares a common mindset and worldview, and it is characterized by three disturbing proclivities: Secrecy, surveillance and subterfuge. Secrecy catalyzes and enables surveillance and subterfuge. The only way to observe and evaluate the workings of the Deep State is to penetrate the veil of Deep State secrecy that shields the actions of political appointees, career civil servants, private contractors and their relationship with the media and outside agents of influence that comprise the Deep State.

 

This Special Report concludes that it is time to tear down the wall of secrecy surrounding the Deep State. President Trump should order federal agencies to stop the stalling and start obeying the nation’s open-records laws. Until they do, the dangerously malignant Deep State will continue to grow and undermine American democracy.

 

Exposing the Deep State

 

“They pride themselves on operating below the radar – and above the law”

 

We face a crisis of the Deep State – “Alt-government,” I sometimes call it. The actions of the Deep State constitute a direct challenge to our republican form of government. Working primarily through the intelligence and law-enforcement agencies, the Deep State is actively engaged in subversive measures designed to delegitimize Donald Trump, cause the American people to lose faith in their president, destroy the Trump presidency and eventually impeach him or put him in jail. – Judicial Watch President, Tom Fitton

 

I. Introduction and Background

 

There is a deeply embedded shadow government in the United States running the affairs of state – The Deep State or Alt Government, as Judicial Watch President, Tom Fitton describes it. This shadow government is not monolithic. But, it does not have to be. Its operatives share a common mindset and worldview. They travel in the same social circles. And, they walk the same corridors of power.

 

No matter who’s in power, they’re in control.

 

They pride themselves on operating below the radar – and above the law. And, the shadowy world in which they maneuver is characterized by three disturbing proclivities: Secrecy, surveillance and subterfuge.

 

In the words of Judicial Watch Director of Investigations Chris Farrell, the decidedly left-leaning Deep State is “quite comfortable exercising all of the levers of the organs of the state.” Farrell explains:

 

They come from a Franco-Germanic political philosophy that, historically, has always placed the state over the citizenry. They derive their power and exercise it vigorously through the state.

 

As time goes on, this disparity between the values and beliefs of the people and those of the Deep State becomes cumulative, and no matter whom the people elect to public office, the Deep State takes the nation in a direction that increasingly diverges from where the people desire to go.

 

Deep State operatives are ensconced in every agency of the government; they have their own agendas; and many of them think they don’t have to answer to an elected president, the rule of law or the American people. They also are enmeshed in and interface with outside networks of organizations, media companies, universities, think tanks and corporations that share their views, help shape their views and exert enormous influence on policy and its day-to-day implementation. The “military-industrial complex” President Dwight Eisenhower warned about is a reality but it is not the only complex providing the architecture of the Deep State; there are several of them: the intelligence/security-industrial complex, the environmental/academic-industrial complex, to name but two.

 

The American media complex effectively operates as the propaganda arm and transmission belt of the Deep State. In a 2013 article (updated in 2016), former State Department foreign service officer and congressional policy adviser and analyst, James George Jatras, explains:

 

American media increasingly have operated uncritically in conjunction with the bipartisan Washington political establishment…Among the key features of such cooperation…are:

 

  • Deficiency of geographic and historical knowledge as the American norm (the less people know the more likely they are to believe what they are told, with the least informed most persuaded of the need to “do something”);

 

  • Reliance on government sources, “ventriloquism,” and “information incest” (unknown to the public, much media “information” comes from government sources);

 

  • Centralized corporate ownership (official policy imperatives interface with ratings dollars for six giant corporate conglomerates);

 

  • “Para-journalism,” “infotainment,” and “atrocity porn” as a war trigger (atrocities appear seemingly on cue and then receive saturation coverage);

 

  • Demonization “Hitler” memes and “weaponization” of media (compromise and negotiation have no role in confronting absolute evil – war is the default option);

 

  • America and the “international community,” the “Free World,” and American “exceptionalism” and “leadership;” disregarding “alternative” media, Ameri-can samizdat (accurate information is available in “alternative” media, but the major[s] still decide if it exists or not);

 

  • “We never make mistakes,” “stay the course,” and “MoveOnism” (U.S. policy has no rearview mirror);

 

  • Authors of past blunders are not discredited, while those who said “tolya so” are ignored).

 

  • In turn, media themselves are an integral part of a multifaceted, hybrid public-private entity with broad range and depth. Variously known as the Establishment, the Oligarchy, or the Deep State, this entity includes elements within all three branches of the U.S. government (especially in the military, intelligence, and financial sectors), private business (the financial industry, government contractors, information technology), think tanks, NGOs, the “Dem intern,” both political parties and campaign operatives, and an army of lobbyists and PR professionals.

 

  • Looking into the future in light of 2016 anti-Establishment challenges from Donald Trump and Bernie Sanders, the shortcomings of Barack Obama’s policies in Libya, Syria, and Ukraine on top of those of George W. Bush in Iraq and Afghanistan, shrinkage of the American Middle Class, and increasing public skepticism of the “MSM” in favor of digital “alternative media,” both the Washington-based oligarchy and its media component show signs of losing their grip.

 

  • The possibility exists for a peaceful evolution to a less warlike posture (impacting media as well) that would refocus on America’s domestic needs. Alter-natively, the existing order could risk a major war in a desperate bid to save its wealth, power, and privileges – with unforeseeable consequences for America and the world.

 

The operation of the Deep State is not a meticulously organized conspiracy, mastermind-ed and controlled by any central authority operating out of a fortified bunker. Nor does it need to be. The agendas of the politicians, bureaucrats and contractors that populate the Deep State are frequently the same, or complementary, and the huge sums of taxpayer money involved tie them together inextricably. And, they ineluctably travel in the same, invariably elitist circles. Rather, the Deep State is like a systemic disease of run-away cells, replicating and metastasizing to serve their own interests and survival. In short, a cancer.

 

The Deep State has a life of its own, independent of whoever is president or whichever political party controls the Congress. Though it prefers to operate through sleight of hand, with smoke and mirrors, at times it may rise to the surface and become the handmaiden of overzealous and overreaching presidents who serve its interests – as it did when Barack Obama weaponized the permanent bureaucracy inside the IRS, the FBI and other intelligence and regulatory agencies against the American people and his (and the Deep State’s) political opponents.

 

Most frequently, the Deep State recedes back into the shadows where its agents quietly advance their own agenda and obstruct troublesome elected officials (and the public that supports them) in a million different ways, large and small, deliberate and devious. Sometimes, of course, it rises to the surface in rebellion – as it has with President Donald Trump, taking aggressive, seditious measures against a president whose election it opposed and who it perceives to be a threat to its own agenda and, perhaps, its very survival.

 

The Deep State is more insidious than mere partisanship, and it is more dangerous because it is permanent. While presidents and Members of Congress come and go, the Deep State remains permanently, growing ever more powerful – and predatory. As already is clear with the Trump presidency, the Deep State can turn on any president that threatens its interests and survival. And left unchecked, it may destroy him.

 

III. Conclusion

 

Professor Patrick H. O’Neil of the University of Puget Sound, in a January 2015 article, “The Deep State: An Emerging Concept in Comparative Politics,” concisely elucidates the underlying foundation of the Deep State (p.4):

 

… as a foundational logic, the deep state justifies its existence through the necessity of tutelage over both state and society. The deep state views itself guardian of national values against internal and external foes. In short, the deep state does not necessarily trust the government, state (perhaps even military) or society to pre-serve the nation. Accordingly, actors within the deep state can justify an array of actions against the government, society, and state as necessary to defend against “traitors” to the nation and national ideology. The amorphousness of the deep state is accompanied by the belief that its members are the symbolic core of the nation. (Emphasis added.)

 

At the beginning of this Special Report, it was observed that the Deep State is not monolithic but it shares a common worldview and is characterized by three disturbing proclivities: Secrecy, surveillance and subterfuge. Secrecy catalyzes and enables surveillance and subterfuge. The only way to observe and evaluate the workings of the Deep State is to penetrate the veil of Deep State secrecy that shields the actions of political appointees, career civil servants, private contractors and their relationship with the media and outside agents of influence that comprise the Deep State.

 

That’s why Judicial Watch is in court day after day shining the light on the activities of the Deep State. It is time to put an end to the obsessive, oppressive and destructive secrecy in government. If the rule of law is to survive, if America’s constitutional protections are to endure, it is essential to roll back the sinister secrecy that allows, indeed encourages those operating in the Deep State to hold themselves above the law and beyond the Constitution.

 

There is a way to rein in the Deep State but it requires a commitment to extreme transparency by elected officials. It requires determined leadership from the White House and serious bi-partisan action on the part of a committed Congress to expose the goings on inside the permanent D.C. bureaucracy and the connections between the Deep Staters, the media and the outside agents of influence.

 

 

There is plenty of blame to go around for the transparency failures that foster the Deep State, most recently the Obama administration’s executive over reach and the veil of secrecy President Obama pulled over his administration to hide it. And now, unbelievably, those same secrecy policies seem to be on auto-pilot in the Trump administration. Thank-fully, though, when it comes to sunshine actions, the Trump White House has a solution at hand – if only it would use it – that is both elegantly simple and breathtakingly radical. The Freedom of Information Act allows for the executive branch to make “discretionary disclosures.”

 

As Judicial Watch Director of Investigations, Chris Farrell has noted:

 

“In plain English, that means President Trump and his cabinet secretaries can release whatever they want—whenever they wish to do so. They can exercise their discretion to release records that are of broad general and news media interest concerning important policy issues and/or the operation of the federal government. These discretionary disclosures take nothing more than the stroke of a pen.”

 

Beyond the “discretionary disclosures” provision of the Freedom of Information Act, Executive Order 13526, signed by President Obama in 2009, and the Supreme Court ruling in Department of the Navy v. Egan (484 U.S. 518 (1988)) confirm that under the Constitution, as chief executive, the president has the legal power to declassify information immediately, on his say so alone. As the Court stated in Egan:

 

The President, after all, is the “Commander in Chief of the Army and Navy of the United States.” U.S. Const., Art. II, 2. His authority to classify and control access to information bearing on national security…flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant.

 

During the presidential campaign, Candidate Trump pledged to drain the swamp. There is no better way to drain the swamp than to impose extreme transparency on the Deep State where the swamp festers and putrefies. Regrettably, however, instead of applying the transparency remedy, as JW’s Chris Farrell reports, “The Department of Justice under Attorney General Sessions is currently making the exact same legal arguments as the Obama administration—and using all the double-talk and excuses from the Obama era, too.”

 

Freedom of Information Act officers in the executive branch are over-worked and under-appreciated, a situation that has severely restricted the effectiveness of the law. But it doesn’t take congressional action or a spending increase to change that. President Trump could trigger a FOIA revolution simply by ordering a new era of extreme transparency and discretionary disclosure.

 

Micha Morrison said it perfectly in Judicial Watch’s Investigative Bulletin:

 

“Extreme transparency could bring huge benefits. Swamp draining would get super-charged boosters. The president could seize the moral high ground in the Russia-connection case with the re-lease of his tax returns and all relevant White House documents. On the Judicial Watch docket, among the records that could be quickly produced are: the Comey memo; records related to former National Security Adviser Susan Rice and the “unmasking” controversy; re-cords related to the so-called “Russian dossier;” records relating to the controversial “tarmac meeting” in Arizona between former President Bill Clinton and then-Attorney General Loretta Lynch; FBI and intelligence community files on the Hillary Clinton email investigation; never-revealed draft indictments of Mrs. Clinton in the Whitewater investigation; and notes and reports to then-Secretary of State Clinton in the Benghazi affair.”

 

Beyond the president’s imposing extreme transparency through discretionary disclosures, immediate action also is needed to pave the way for activist citizens and outside watchdogs, such as Judicial Watch, to investigate and expose corruption and malfeasance within the government.

 

  • President Trump not only should use the power of discretionary disclosures, he also should commit to a revolution of “extreme transparency” and set it in motion by issuing an executive order to break the logjam of FOIA requests he inherited from President Obama and which are now piling up under his own administration.

 

  • Congress should join the revolution by reforming the Freedom of Information Act and giving private citizens, the press and watchdog groups stronger and better tools to hold the government to account.

 

  • Congress and the president together should seize the opportunity when the Foreign Intelligence Surveillance Act comes up for reauthorization later this year and:

 

  1. Provide for greater public access to government records inside the intelligence and law-enforcement agencies, and especially the proceedings in and opinions of the FISA Court; and

 

  1. Place new limits on the NSAs authority to conduct warrantless searches and restrict other agencies’ authority to use NSA intercepts to conduct domestic surveillance on Americans.

 

It’s time to tear down the wall of secrecy surrounding the Deep State. President Trump should order federal agencies to stop the stalling and start obeying the nation’s open-records laws. Until they do, the dangerously malignant Deep State will continue to grow and undermine American democracy.

______________________

Intro to JW’s ‘Exposing the Deep State’

Intro by John R. Houk

© June 30, 2018

_______________________

Exposing the Deep State

 

If you would like additional copies of the report please contact:

 

Judicial Watch 425 Third Street, SW, Suite 800 Washington, DC 20024

 

Member Services: 1 (888) 593-8442 FAX: (202) 646-5199

 

Email: info@JudicialWatch.orgwww.JudicialWatch.org

 

 

Tony Newbill on Federal Land Grab Conspiracy


Warning Fed Property - BHO

The standoff in Oregon between Ranchers (that came from all over the Western U.S.) and Federal and Oregon State government for all intents and purposes has ended with the arrest of its Nevada leader Ammon Bundy and the murder of fellow leader LaVoy Finicum. And recently Ammon’s father – Cliven Bundy – was arrested for leading a dispute protest of ranchers with the Federal government over what should be free-range grazing.

Sadly the Bundys and the Hammonds (thrown in jail for letting a back-burn started on their property to stop the BLM burn from destroying the ranch) dispute with the Federal government is being painted as domestic terrorism by the Mainstream Media and as lawbreaking by even many pro-gun enthusiasts. What the media fails to inform YOU is the reason these Western USA state Ranchers and Farmers are upset enough to take on the resource of the Federal government. Tony Newbill takes on the project of disseminating info you probably won’t see on TV or read in your newspapers. The central theme is: the Federal government has acquired HUGE amounts of land from the Western states as a condition for statehood and now the Federal bureaucracy is telling Ranchers and Farmers what they can and can’t do including charging fee usage of what should be considered public land at the least for grazing and water issues.

JRH 2/12/16

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Tony Newbill on Federal Land Grab Conspiracy

Sent: 2/2/2016 2:04 PM

At this point I trust our State National Guard to enforce state Constitutional authority over the Federal takeover of state rights more than the State Legislative branch and here why. This is the consolidator of states rights if it gets activated. And a coup by the states’ National Guard to restore the states rights against this, would be the only way back. So we need to bring this to the attention of the people and make it clear that this will THREATEN FOOD SUPPLIES with the ideology that will be implementing this Waters Rule:

http://agwired.com/2016/02/01/wotus-biotech-trade-top-farm-bureaus-2016-strategic-plan/ Continue reading “Tony Newbill on Federal Land Grab Conspiracy”

The Ditch Rule


It is no wonder Conspiracy Theories abound about the Federal Government exerting martial law type authority over Americans – the most recent being Jade Helm 15 (debunked by Justin Smith). President Barack Hussein Obama has issued the old pen and paper action giving the Federal Government power over Private Property via the bureaucracy of the Environment Protection Agency (EPA) managing water. Justin Smith has the story exposing once again the nefariousness of the Leftist-in-Chief.

JRH 6/1/15

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The Ditch Rule

Water and Oppressive Power

By Justin O. Smith

Sent: 5/30/2015 9:29 PM

Barack Obama has once again exhibited his despotic nature by enacting the Environmental Protection Agency’s purposefully vague Waters of the United States [WOTUS] “Rule” on May 27, 2015, through executive order, which ignores previous Congressional and Supreme Court actions blocking this rule for good reason. This “rule” amounts to an unrestrained federal intrusion, that is nothing more than a power grab for control over Americans’ privately owned lands, rather than an added effort towards improving and providing clean water standards.

While the EPA already has a great deal of power under the Clean Water Act of 1972, this new Waters “Rule” gives the EPA and the Army Corps of Engineers massive sweeping powers and broad authority over all the water in the United States, long claimed by the EPA, to limit pollution through a new revised definition of “navigable waterways,” to include traditional navigable water and interstate water, such as the Mississippi and Columbia Rivers and the Chesapeake Bay, and natural man-made streams, lakes, ponds and wetlands. They also claim the authority to govern impoundments, canals and ditches.

In July 2014, Gina McCarthy, EPA director, stated: “We are talking about ditches that used to be streams and still act like streams. They may not have running water, but still act like streams,” adding, “I never expected to say the word ‘ditch’ this many times in my entire life … .”

McCarthy recently asserted that these new powers would not interfere with private property rights or land use. McCarthy also suggested that the rule would make it easier “to identify protected waters” and that these protections would now be “consistent with the law.”

What “law” was McCarthy referencing?

Congress voted against this rule 262-152 last year, and the Senate voted against it 59-40 [See Also HERE] on a non-binding amendment to the Senate budget resolution as a test of support for blocking WOTUS. The U.S. Supreme Court has twice questioned the breadth of just the EPA’s powers decreed under the Clean Water Act alone. So Obama simply went ahead and unilaterally circumvented the will of the people.

No one should rest comfortably on McCarthy’s assurances that concerns have been met, since, as noted by Farm Bureau President Bob Stallman, the EPA has a long record of blatantly lying in the past. The Waters Rule’s own language seems to contradict McCarthy, because the vague term “significant nexus” allows the EPA alone to determine if a farmer’s ditch affects some tributary to a regulated navigable waterway or regulated body of water.

One of the most controversial aspects of the rule is the provision that allows the EPA to regulate wetlands on farms and on the yards of private suburban homes, by designating them “regional treasures.” In the past, this “rule” has been used to force private land owners to relinquish property to the federal government, which demonstrates the extent of the EPA’s abuse of power and supports calls to abolish this rule.

Groups that throw their full support behind this rule, such as the Sierra Club and the Natural Resources Defense Council, want these EPA rules to be as broad as possible. They view this through simplistic logic, as they insist that all water sources and tributaries must be “protected” in order to protect the larger bodies of water. Ironically, most small bodies of water have already been regulated by the state and local government agencies for many years.

Small businesses were inappropriately excluded from the rule-making process, and yet, these businesses will be most dramatically impacted by this outrageous expansion of the EPA’s and the Army Corps of Engineers’ power and authority, although private property owners too will be heavily burdened unnecessarily with bureaucratic red-tape. If one fails to secure permits to perform potentially polluting activities, such as tilling or building, near bodies of water, a person can be sued by the EPA, environmental advocates and even other private citizens over violations of this new Waters “Rule.”

Expressing his concerns, Daren Bakst, an agriculture expert and senior research fellow at the Heritage Foundation, stated: “This will be devastating to private property rights. It’s an attack on private property rights. Most people don’t have the money to pay for all these permits.”

The U.S. House of Representatives understands the many dangers to be found in the Waters of the United States Rule, and anticipating Obama’s action, they passed the Regulatory Integrity Protection Act (HR 1732) on May 12th, in order to force the EPA and the Army Corps of Engineers to cease the implementation of the Water Rule and to consult with the states and industries before writing a new proposal. The 261-155 vote included “yes” votes from 24 Democrats, like Jim Cooper (Tenn) and Gwen Graham (Fla), of whom two sit on the Energy and Commerce Committee and eight on the Agriculture Committee.

While Senator James Inhofe (R-OK) promises that SB 1140 will “halt [the] EPA’s unprecedented land grab” this summer, the U.S. Chamber of Commerce and the American Farm Bureau have lawsuits underway to challenge the EPA. Most legal experts expect that this battle for control of America’s waters will go before the Supreme Court. And based on precedents set in the Supreme Court, it is already pretty obvious that Obama and the EPA are going too far and exceeding their authority.

Everybody wants clean water, but the federal government and the Progressive fascists should not expect nor believe that they have the authority to regulate every drop of water that falls on America; and yet, Obama has positioned the fascists within the EPA to do this very thing, exerting raw, oppressive control over private lands, through his executive order which clearly transgresses legal boundaries set for the EPA by the courts and Congress. Despite his claim of “historic commitments to clean water,” his new “rule” deals more with regulating land use than protecting America’s valuable water resources, and it is a serious threat to economic growth, property rights and states’ sovereignty. And as such, America demands an end to this overreach of power and the dismantling and eradication of the Waters of the United States “Rule.”

By Justin O. Smith

_______________________

Edited by John R. Houk

All links are by the Editor. Any text enclosed by brackets are by the Editor.

 

© Justin O. Smith

So the Police State Begins?


Federal-Raid-Of-Bozeman-Brass-Company

Armed Federal Agents Raid Bozeman USA Brass Company

 

John R. Houk

© April 18, 2014

 

Here’s something you probably will not see reported by the in-Obama’s-pocket news media. On March 27, 2014 armed EPA criminal division agents in union with armed FBI raided USA Brass in Bozeman, MT. Apparently pro-gun blogs and 2nd Amendment blogs were all-a-buzz about this armed raid.

 

USA Brass takes spent cartridges then cleans and/or refurbish them to be reloaded as ammunition. According to the WND report I read, prior to the raid USA Brass OSHA investigated and found unhealthy amounts of lead in the factor and some USA Brass employees. The company was given a hefty fine and then complied with updating the safety of the work place which I understand was an expensive proposition to fulfill. After USA Brass was re-inspected OSHA gave the company a clean bill of health to continue operations.

 

So question that should be on everyone’s mind is: Why in the world would the EPA and FBI raid the factory with armed agents and bullet proof vests? AND THEN why were the factory employees rounded up placed under guard in a room with their mobile devices confiscated? A local TV station interviewed an agent and would not provide the reason for the raid but assured the public there was NO DANGER as in lead exposure to the Bozeman populace.

 

The local NBC affiliate KECI 13 from Missoula, MT has the interview. (I am uncertain how long the local story will be available on the Internet.)

 

The Obama Administration is anti-gun ownership. It has been suggested the Left Wing Administration was the impetus behind USA Brass being punished by a raid with an open show of Police State power to let the pro-gun company no who is the boss. The WND article that covered the unreasoned raid believes there is a connection to displays of power also seen in the Bureau of Land Management (BLM) vs. Cliven Bundy cattle grazing dispute. The Bundy incident has a reason giving the Federal government an excuse for Police State action. Evidently the Bundy family has not paid the extortionist Federal grazing fees. Bundy feels that any form of taxation should only come from the sovereign state of Nevada. As wrong as it is I suspect that Federal Courts will side with the Federal government. Obama is no fan of States’ Rights.

 

As far as I know there is no legal reason for the Federal government to execute an armed raid on a company that complied with the safety standards OSHA imposed and approved for USA Brass.

 

JRH 4/18/14

Please Support NCCR

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ARMED FED RAID PROMPTED BY SAFETY RULES

Shooting-sports advocate seeks accountability, given ‘heavy-handed’ Nevada situation

 

By BOB UNRUH

April 16, 2014

WorldNetDaily


Critics of the way federal agencies in Montana handled a recent raid on a company that recycles brass for ammunition are calling for an investigation.

Government officials have declined to respond to allegations that armed officers with weapons drawn locked up USA Brass employees, confiscated their cell phones and otherwise violated their rights.

 

The incident in Bozeman, Mont., drew little attention from media.

 

To protect against lead contamination, USA Brass had installed filters and added training. The company had passed a subsequent inspection before officers from the Environmental Protection Agency and FBI arrived, apparently with guns drawn.

 

The story has spread on the Internet among bloggers and Second Amendment advocates. A blog called Defensive Handguns described the raid this way: “Obama’s storm troopers raided USA Brass in Bozeman.”

 

And at Firearms Talk was the comment: ”More excuses to go after the ammunition in one way or another.”

 

Popular gun rights writer David Codrea noted at noted in his Examiner.com blog that he “warned back in 2009 that Obama’s pick to head the [federal job safety] agency, David Michaels, was strongly anti-gun and committed to using regulatory schemes to get his way.”

 

Gary Marbut, president of the Montana Shooting Sports Association, is asking Montana Attorney General Tim Fox to look into the issue.

 

“Tim, given the heavy-handed application of federal force by BLM currently unfolding in Nevada, I believe it is imperative that Montana assert some accountability for the application of federal police, or police-like, force in Montana,” he told Fox.

 

He explained that although USA Brass “had been subject to some civil enforcement action for workplace safety by OSHA, the company had completely remedied any such problems and had been given a clean bill of health by OSHA.”

 

So the “raid” apparently was unrelated, Marbut said.

 

“Because a warrant was served on USA Brass, anyone would wonder if there were some particularly egregious activity going on there, and what the federal foreknowledge of that activity might be. Because of the overwhelming armed force used by federal officials to mount this raid, that suggests expected resistance or some sort of ongoing, violent criminal conduct at USA Brass. Your investigation should disclose whether or not these suppositions, spawned by the tactics of the raid, are correct or incorrect. This, in turn, should offer some perspective about whether or not the level of force and intimidation used was warranted,” Marbut wrote.

 

He explained there were reports of federal employees rounding up and sequestering employees, confiscating their cell phones and more.

 

“Since these employees of USA Brass were not free to leave, I believe this detention qualifies as an arrest under current case law. It would be helpful for you to examine whether sufficient justification for this mass arrest was present,” Marbut said.

 

He said the confiscation of cell phones suggested some efforts by federal agents “to prevent any recording of what they did.”

 

He wondered, why would that be?

 

And why would “most or all of the raid personnel” be armed?

 

Marbut noted that some have explained the event as an “audit,” but then the question is why it escalated into “a full-blown, armed raid.”

 

Fox did not respond to a WND request for comment after the same questions, submitted to the U.S. attorney for Montana, generated no response.

 

“I hope you will also look at what role the Gallatin County sheriffs (sic) office may have played, or not played, in the federal raid at USA Brass, Marbut said. “More specifically, was the GCSO looking out for the welfare of the people of Gallatin County, or was the GCSO simply aiding and facilitating the operation of federal entities and federal personnel?”

 

His earlier request to Michael W. Cotter, the U.S. attorney for Montana, for answers to the same questions, generated no response, he told WND.

 

Cotter’s office declined to comment to WND.

 

In a dispatch to MSSA supporters, Marbut explained: “Upon OSHA’s first visit, I’m told, USA Brass managers didn’t kneel quickly enough to OSHA inspectors and offended them by not being subserviently cooperative. So, the subsequent raid by EPA, FBI and others was conducted to teach them a lesson about federal power and proper cooperation.”

 

Marbut compared the raid to the federal government’s heavy-handed seizure of Nevada rancher Cliven Bundy’s cattle.

 

“And, I see no reason to put up with it. None! What is known about the Bozeman raid presents more questions than it answers. I put those questions in a polite letter to the U.S. Attorney for Montana and asked him to look into it. He has not responded. I assume my very polite request went into his round file.”

 

Marbut and the Montana Shooting Sports Association have been in the headlines in recent years over their challenge to the U.S. Supreme Court’s interpretation of the Commerce Clause, which allows the federal government to regulate just about anything, whether it has an impact on interstate commerce or not.

 

The Supreme Court refused to hear their arguments, however, leaving the status quo.

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Another Look at the Federal Raid Of Bozeman Brass Company

By Gary Marbut, President
Montana Shooting Sports Association

April 15, 2014

AmmoLand.com

The federal personnel confiscated laptop computers, confiscated external hard drives, & copied internal hard drives from USA Brass computers, likely filled with names and addresses of customer accounts.

Missoula, MT –-(Ammoland.com)- Most of you will be aware that armed employees of the EPA and FBI recently conducted an armed raid on a company in Bozeman that recycles used cartridge brass.

 

This article is to give you additional information that was not in the news about that, to tell you what I’ve been doing concerning the raid, and to prepare you to help with the next step.

 

Several months ago, OSHA visited the business, USA Brass, because of allegations of workplace safety issues, notably lead dust in the air from tumbling fired brass (the lead dust would be from fired primers). There were two employees who had lead levels above what is acceptable. As a result, USA Brass invested a lot of money in expensive air filtration and ventilation equipment, and upgraded employee training and practices. As a result, USA Brass passed a subsequent inspection by OSHA.

 

However, upon OSHA’s first visit, I’m told, USA Brass managers didn’t kneel quickly enough to OSHA inspectors and offended them by not being subserviently cooperative. So, the subsequent raid by EPA, FBI and others was conducted to teach them a lesson about federal power and proper cooperation.

 

I have yet to learn if the federal entry was conducted with guns drawn, but that will come out. Many, if not all, of the federal employees were visibly armed (thanks to the local TV station for covering this). The federal employees were aided and abetted by personnel from the Bozeman Police Department and the Gallatin County Sheriffs (sic) Office.

 

Upon arrival, the federal employees forced all the employees into a room or rooms where they were isolated and held for hours. The employees cell phones were confiscated so they could have no communication out of the building. The feds disabled all of the security cameras in the building so there would be no video record of the federal deeds or misdeeds. The feds confiscated and took away all laptop computers and external hard drives, and copied all desktop hard drives, including USA Brass’s contact information for 10,000 customers.

 

I see this as a Montana version of what’s happening in Nevada. And, I see no reason to put up with it. None!

 

What is known about the Bozeman raid presents more questions than it answers. I put those questions in a polite letter to the U.S. Attorney for Montana and asked him to look into it. He has not responded. I assume my very polite request went into his round file.

 

With no response from the U.S. Attorney, I redirected my request for an investigation to Montana Attorney General Tim Fox. That request, as well as the request to the U.S. Attorney, are both pasted below for your information. I’ve had no response from Fox yet.

 

If I don’t get a response from AG Fox by Tuesday (actually, later today as I write this at 2 AM), I’ll turn up the heat.

 

One additional tidbit: Lawyers for USA Brass have persuaded the principals that they should hunker down and make no waves, for fear of triggering more Draconian and punitive federal actions. While I sympathize with USA Brass, frankly this posture strikes me as similar to advising Jews in pre-WWII Germany to not make any fuss over their neighbors being hauled away in the night by the Gestapo, for fear that the remaining neighbor might be executed right in his apartment then next night by the same Gestapo, rather than just being given a nice train ride to an undisclosed destination.

 

That’s all. If/when I need your help with this, I’ll get out another alert. Stay tuned for more as I learn more.

 

Best wishes,

 

Gary Marbut, President
Montana Shooting Sports Association

http://www.mtssa.org

 

Author, Gun Laws of Montana

http://www.MTPublish.com

==================

April 10, 2014

Tim Fox
Attorney General of Montana
Montana Department of Justice
Helena, Montana

Dear Tim,

You will have seen my request addressed to Mr. Cotter (below). Mr. Cotter has not responded, at least not in a timely manner. I interpret this lack of response as a reluctance or unwillingness to conduct the investigation I requested of him.

 

Therefore, I now make the same request of you.

 

In addition to the questions suggested to Mr. Cotter, I hope you will also look at what role the Gallatin County Sheriffs Office may have played, or not played, in the federal raid at USA Brass. More specifically, was the GCSO looking out for the welfare of the people of Gallatin County, or was the GCSO simply aiding and facilitating the operation of federal entities and federal personnel?

 

Tim, given the heavy-handed application of federal force by BLM currently unfolding in Nevada, I believe it is imperative that Montana assert some accountability for the application of federal police, or police-like, force in Montana. If Mr. Cotter won’t do that, then it becomes even more important for you to be interested and involved.

 

On behalf of all Montanans, I thank you in advance for your willingness to look into this incident.

 

Sincerely,

Gary Marbut, President
Montana Shooting Sports Association
http://www.mtssa.org

Author, Gun Laws of Montana
http://www.MTPublish.com

======================

April 4, 2014

Michael W. Cotter
U.S. Attorney for Montana
2601 2nd Ave N.
Box 3200
Billings, MT 59101

 

Dear Mr. Cotter,

 

Greetings from Missoula.

The purpose of this email is to request that you conduct a careful investigation into the circumstances surrounding a raid executed upon cartridge brass recycler in Bozeman, USA Brass, last Thursday, March 27, 2014, by employees of the U.S. Environmental Protection Agency, the Federal Bureau of Investigation, possibly other federal agencies, the Montana Department of Environmental Quality, local law enforcement agencies, and possibly others.

 

Although the federally-employed personnel involved prefer to characterize this incident as an “audit,” the media portrayal of the incident as a “raid” appears to be more accurate.

 

The information I have about this incident so far comes from a variety of sources. I seek more information, and so should you. Some of the troubling ingredients of this incident, as I believe them correctly to have been, ingredients not consistent with a simple “audit,” include:

 

1. Although USA Brass had been subject to some civil enforcement action for workplace safety by OSHA, the company had completely remedied any such problems and had been given a clean bill of health by OSHA. Thus, the recent incident appears to be disconnected from any ongoing issues with OSHA. You may be able to discover the letter issued to USA Brass by OSHA acknowledging USA Brass’s full compliance with OSHA requirements.

 

2. Because a warrant was served on USA Brass, anyone would wonder if there were some particularly egregious activity going on there, and what the federal foreknowledge of that activity might be. Because of the overwhelming armed force used by federal officials to mount this raid, that suggests expected resistance or some sort of ongoing, violent criminal conduct at USA Brass. Your investigation should disclose whether or not these suppositions, spawned by the tactics of the raid, are correct or incorrect. This, in turn, should offer some perspective about whether or not the level of force and intimidation used was warranted.

 

3. Upon arrival at USA Brass, federal employees rounded up and sequestered all employees of USA Brass, confiscated their cell phones, disabled company phones, and held employees incommunicado for several hours. Since these employees of USA Brass were not free to leave, I believe this detention qualifies as an arrest under current case law. It would be helpful for you to examine whether sufficient justification for this mass arrest was present.

 

4. The confiscation of cell phones and disabling of security video apparatus for the incident smacks of advance action by federal employees to prevent any recording of what they did. If everything they did was by the book, proper and legal, it’s difficult to imagine what motive they would have had to insure that there was no video record of their activities. That is very suggestive that the reason they prevented a video record is because some or all of what they did was extra-legal, and that they knew going in that some of their actions would be extra-legal. Perhaps you can get clarification about why public servants doing public work would desire their public actions to be beyond public view and scrutiny.

 

5. From media video and reports and reports from those at the scene, it appears as if most or all of the raid personnel were obviously armed or displaying arms. This seems excessive for what some officials present would like to characterize as an “audit.” For an “audit,” this has all the appearances of deliberate intimidation, not something exactly calculated to inspire citizen trust and confidence in their government. Maybe you will be able to learn and make public why EPA personnel are armed, and why the many federal personnel present were so obvious about being armed.

 

6. One unverified report says that the initial entry into USA Brass by federal personnel was made with tactical weapons (machine guns) held pointed at the non-resisting office workers and other USA Brass employees present. Perhaps you will able to confirm or dispel this report. If the report is correct, this would also seem to be excessive for an “audit.” Actually, as someone accepted in state and federal courts as an expert concerning use of force, I can tell you that if a person points a firearm directly at another person, regardless of who the firearm pointer’s employer may be, the person pointing the firearm HAS used lethal force because the firearm pointer has put the life of the other at risk from an all-too-common accidental discharge.

 

7. During the hours that federal personnel held USA Brass employees captive and sequestered, the federal personnel confiscated laptop computers, confiscated external hard drives, and copied internal hard drives from USA Brass computers. Perhaps you can obtain an explanation for how such seizures are consistent with an “audit.”

 

8. If this federal action was authorized as an “audit,” perhaps you can learn and explain how it escalated into a full-blown, armed raid.

 

9. One knowledgeable person has told me that employees of the EPA do not have law enforcement powers in Montana – that the EPA lacks legal authority for the type of operation conducted at USA Brass. If that is so, perhaps you can determine and explain how such an operation fits within legal parameters.

 

10. The media reports that the senior federal official present at this incident was Bert Marsden, purportedly an employee of the EPA’s “Criminal Division.” A search of the Online staff directory for the EPA fails to disclose anyone named “Marsden” working for the EPA. It will be helpful if you can confirm that the “Bert Marsden” reported by the media actually exists, that he is an employee of the EPA, that the EPA actually has a “Criminal Division,” and that Bert Marsden actually is employed as some sort of official in this EPA Criminal Division.

 

Mr. Cotter, I urge you to investigate this incident very seriously. If you should find that there were any violations of law or policy by the personnel (federal, state or local) involved in executing this operation, I also urge you to take strong remedial action, including prosecution of any personnel involved who violated any laws.

 

Thank you for your consideration. I hope you will respond to this request and announce your intentions in this matter. I also hope you will investigate this incident and make public all relevant findings.

 

Sincerely yours,

 

Gary Marbut, President
Montana Shooting Sports Association

http://www.mtssa.org

 

Author, Gun Laws of Montana

http://www.MTPublish.com

___________________________

So the Police State Begins?

John R. Houk

© April 18, 2014

_______________________

ARMED FED RAID PROMPTED BY SAFETY RULES

 

© Copyright 1997-2014. All Rights Reserved. WND.com

Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is also a photographer whose scenic work has been used commercially.
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Another Look at the Federal Raid Of Bozeman Brass Company

 

Copyright 2014 AmmoLand.com Shooting Sports News

 

Gary Marbut, president Montana Shooting Sports Associationwww.mtssa.org author, Gun Laws of Montana http://www.mtpublish.com

 

About Montana Shooting Sports Association: MSSA is the primary political advocate for Montana gun owners. Visit: www.mtssa.org