Government branches must hold each other accountable, not circumvent each other


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FBI AND JUDICIAL SECRETS UNEARTHED – WHAT NOW?

TOM LAMPRECHT:  Harry, last week, a report was released by The New York Times which revealed that, under the FBI director James Comey’s leadership, they used a secret program that does not require the approval of a judge to gather phone records and other documents on Donald Trump’s presidential campaign.

The FBI ordered phone records and other documents using national security letters, a secret type of subpoena, officials said, and at least one government informant met several times with Mr. Page — Carter Page — and Mr. Papadopoulos.

That has become a politically contentious point with Mr. Trump’s allies who are questioning whether the FBI was spying on the Trump campaign and trying to entrap campaign officials.

The national security letters are controversial, in part, because they carry the force of the law but are created entirely outside of the judicial system. To issue one, an FBI official needs to attest that the information sought is relevant to a national security investigation. The letters have also been criticized because they are shrouded in secrecy.

Harry, we have three distinct branches of government — judicial, congressional and executive. Is this a breaching of those three separate branches of government?

DR. REEDER: Not so much breach, I would say, as to circumvent. Tom, when I was in the ninth grade, I have to confess I was not all that interested as I should have been in my studies, but there was one little bright star in all of this and that was Robert Woodburn — I still remember him today — who was my Civics teacher in the ninth grade. I just got drawn into it.

FOUNDING FATHERS’ “AMERICAN EXPERIMENT” 

I was amazed at our founding fathers who had just made it very clear that they were carrying out this American experiment by, first, we’re not going to have a monarchy where one man rules and, therefore, his tyranny in the accumulation of power, and we’re not going to have an oligarchy were the elite rule in their accumulation of power and money and wealth and we’re not going to have a democracy where a mob can rule. What we’re going to have is a republic where it is a people who are agreed that, in their local government, their state government and their federal government, we will be ruled by law and, therefore, it is the law that is king.

And then, to carry out that law or to make that law or to amend that law, there would be three branches of government. There would be the executive branch of government, which executes the law as it exists; there would be the judicial branches of government that would govern and would make rulings based upon the law and rulings concerning the lawfulness of any other proposed law in terms of the existing law; and then, finally, there would be the legislative which upholds the law, makes amendments to the law or bring forth any new law. And all of these would be accountable to their vows to the Constitution of the United States.

The executive branch of government would be elected, the legislative branch of government would be elected and then the executive and the legislative would bring forth the nominees for those who would be judges and, in some states, those judge positions where also elected — others, they would be appointed by those who had been elected in the executive and legislative branch.

Now, having put all that together in those brief moments, you have to realize that was to be implemented, to some degree, on all three levels: the local level where you would have mayors and you would have councils and you would have local judges; and then you would have it on a state level where you’d have a governor and state legislatures and state judges as well as state supreme courts; and then you would have it on the national level. Tom, part of the genius, also, was that these were not hierarchical but interdependent and accountable to each other.

Tom, there are two things that we see breached in this article that you’ve pointed out and first is how the executive branch, or runaway branches of the executive branch, attempt to circumvent the role of the judicial and then how the legislative abandons their responsibility to hold all of them accountable.

CONGRESSIONAL HEARINGS ARE IMPORTANT, BUT ARE BEING ABUSED

Today, when we hear that the Congress is going to have a congressional hearing, what we basically think about is a sideshow in which various congressmen will use the opportunity to declare their talking points and lay out their next campaign and be able to make a name for themselves in what they question and how they question.

In reality, it was not there for a platform to promote our congressional members, but it was there for them to exercise oversight. They might have to have congressional hearings concerning the judicial branch or they might have to have congressional hearings concerning local and state governments on movements in the nation that need to be investigated in terms of any legislative impact. And there were congressional hearings for the executive branch, as well.

DO SPECIAL COUNSELS HELP OR HURT?

These are not moments for a showtime; these are moments to really hold people accountable: are you acting within your constitutional boundaries? I think you have said it before, most insightfully, these special prosecutors, I believe as you do, is not a good thing to do for various reasons.

Once you cut these special counsels loose and their investigative teams, with the powers of subpoena, the things that they have, they’re going to find something to validate what they’re doing and they can always argue, “I need to go down this trail because this may help me find what is happening over here that I was actually commissioned to do and investigate, but I need to investigate this because it may open up doors over here.”

Well, now they’re uncovering other things in the lives of people and in the past of people and they’re making it public and that becomes a political football to toss around. The special prosecutor is simply a statement of the cowardice or the ineptness of Congress to do their job in congressional hearings.

LET’S HOLD THESE EGREGIOUS BRANCH ACTIONS ACCOUNTABLE

Now, if there’s ever any place for clarity — moral clarity and legal clarity — it’s in the investigations that have and are and need to take place from Congress concerning how the FBI has been conducting itself and they also need to investigate how the IRS has been conducting itself.

Both have engaged in behavior that is punitive, oppressive and beyond the scope of their responsibilities but you need a Congress that will do its job, and then you need a judicial branch that will do its job and the executive branch needs to be accountable to the legislative body. And, once again, these congressional hearings have been the mechanism whereby that was supposed to be accomplished.

TOMORROW: REX TILLERSON GIVES WISE COMMENCEMENT ADVICE

TOM LAMPRECHT: Harry, on tomorrow’s edition of Today in Perspective, I want to take you to a little town in Virginia — Lexington, Virginia — where a lot of American history has taken place. Former Secretary of State, Rex Tillerson, was asked to talk to the graduates of VMI last week.

DR. REEDER: He made a comment that I think is extremely important to understand and, I believe, affirm what he said. Tom, can I also just finish up today’s program by mentioning this: the accountability that’s built into our government is an accountability we all need.

NOT JUST GOVERNMENT THAT NEEDS ACCOUNTABILITY 

There are three guys I’ve been with now for 34 years in an accountability relationship. I’ve got accountability to my wife, I’ve got accountability to my family, I’ve got accountability to those whom I work with and my elders and I believe this is very important, as you and I attempt to grow in the grace and knowledge of Christ.

Accountability in life as well as accountability in government, that is a great principle but, most of all, I need to know that I am accountable to the Lord. My dear friends, I want you to know — and the other day they came out with a statement — that, once you put something in the digital world, it never goes away. You can find it and you can be held accountable.

Here’s what the Lord has said: “We give an account for every word and every action. How can I stand before a holy God Who will, by no means, leave the guilty unpunished and I’m accountable and will stand before Him because it is appointed unto men once to die and then the judgment?”

Well, let me tell you the way — the way is to come to Jesus Christ, Who will remove all of the guilt and shame by having taken our judgement for us at the cross and can set you on a new life where you come before the Lord, not as a criminal at the judgment seat, but as a son and a daughter able to affirm the stewardship of new life in Jesus Christ. Come to the One who sits at the judgment seat. He’s already come and He went to the cross for you.

Dr. Harry L. Reeder III is the Senior Pastor of Briarwood Presbyterian Church in Birmingham.

This podcast was transcribed by Jessica Havin, editorial assistant for Yellowhammer News, who has transcribed some of the top podcasts in the country and whose work has been featured in a New York Times Bestseller.

11 hours ago

Are you afraid to answer the phone?

Millions of Americans fear answering their phone due to a plague of billions of robocalls. These calls have made a mockery of the national Do Not Call Registry and touch on several public policy questions.

We had seemingly ended the problem of unwanted telemarketing calls. Congress authorized the Do Not Call Registry in 2003 after more than a decade of calls disrupting the peace and quiet of our homes. Fines of $11,000 per violation largely put telemarketing companies, with hundreds of thousands of employees, out of business.

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Why have unwanted calls returned? VOIP technology (voice over internet protocol) allowed anyone with a computer and an internet connection to make thousands of calls. A handful of responses can make thousands of calls worthwhile when the cost is almost zero. Furthermore, technology makes robocallers mobile and elusive.

By contrast, telemarketing firms employed hundreds of people at call centers. The authorities could find and fine telemarketers. Firms had to comply with the Do Not Call registry, even if forced out of business.

Technology further frustrates the control of robocalls. Spoofing makes a call appear to be from a different number. Spoofing a local number increases the chance of someone answering, defeats caller ID, and makes identifying the calls’ source difficult.

By contrast, technology allowed the elimination of spam email. It’s easy to forget that fifteen years ago spam threatened the viability of email. Email providers connected accounts to IP addresses and eventually identified and blocked spammers. Google estimates that spam is less than 0.1 percent of Gmail users’ emails.

The Federal Trade Commission (FTC) banned almost all robocalls in 2009 (political campaigns and schools were excepted). Yet the volume of calls and complaints from the public rise every year. And the “quality” of the solicitations is lower: legitimate businesses employed telemarketers, while most robocalls seem to be scams.

Telephone companies and entrepreneurs are deploying apps and services to block robocalls. The robocallers then respond, producing a technological arms race. The technology of this arms race, however, is beyond me.

I’d rather consider some issues robocalls raise. The root of the problem is some people’s willingness to swindle others. Although we all know there are some bad people in the world, free market economists typically emphasize the costs and consequences of government regulations over the cheats and frauds who create the public’s demand for regulation. People can disagree whether a level of fraud warrants regulation, but free marketers should not dismiss the fear of swindlers.

Robocalls also highlight the enormous inefficiency of theft. Thieves typically get 25 cents on the dollar (or less) when selling stolen goods. Getting $1,000 via theft requires stealing goods worth $4,000 or more. In addition, thieves invest time and effort planning and carrying out crimes, while we invest millions in locks, safes, burglar alarms, and police departments to protect our property. America would be much richer if we did not have to protect against thieves or robocallers.

Finally, having the government declare something illegal does not necessarily solve a problem. Our politicians like to pass a law or regulation and announce, “problem solved.” Identifying and punishing robocallers is difficult; the FTC had only brought 33 cases in nearly ten years. And less than ten percent of the over $300 million in fines and relief for consumers levied against robocallers had been collected. Government has no pixie dust which magically solves hard problems.

The difficulty of enforcing a law or regulation does not necessarily imply we should not act. The Federal Communications Commission, for instance, recently approved letting phone companies block unwanted calls by default, and perhaps this will prove effective. We should weigh the costs of laws and regulations against a realistic projection of benefits and laws failing to solve problems as promised should be revised or repealed.
Still, a law that accomplishes little can have value. Cursing robocalls accomplishes little yet can be cathartic. A law that costs little might provide us satisfaction until technology solves the problem.

Daniel Sutter is the Charles G. Koch Professor of Economics with the Manuel H. Johnson Center for Political Economy at Troy University and host of Econversations on TrojanVision. The opinions expressed in this column are the author’s and do not necessarily reflect the views of Troy University.

12 hours ago

VIDEO: Culverhouse vs. UA, Trump and Biden battle in Iowa, the Bentley saga could be over and more on Guerrilla Politics

Radio talk show host Dale Jackson and Dr. Waymon Burke take you through this week’s biggest political stories, including:

— Why did the media get the story with Hugh Culverhouse, Jr. and Alabama so wrong?

— Is the Iowa slap-fight between President Donald Trump and former Vice President Joe Biden a 2020 preview?

— Now that former ALEA head Spencer Collier has settled his case with the state over his firing, is the sordid Bentley saga over?

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Jackson and Burke are joined by State Representative Mike Ball (R-Madison) to discuss medical marijuana, the prison special session and the lottery.

Jackson closes the show with a “parting shot” that calls out Joe Biden for lying about the lack of lies and scandals in the Obama administration.

VIDEO: Culverhouse/UA, Trump and Biden battle in Iowa, the Bentley saga could be over and more on Guerrilla Politics

Posted by Yellowhammer News on Sunday, June 16, 2019

Dale Jackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 am weekdays on WVNN.

13 hours ago

Alabama team targets international connections at SelectUSA Investment Summit

Alabama is home to a diverse lineup of international companies, and the state’s business recruiters are looking to expand those ranks.

The economic development team is in Washington D.C. at the 2019 SelectUSA Investment Summit, which starts today and is the premier foreign direct investment (FDI) event in the U.S.

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FDI is a significant part of Alabama’s economy. Last year alone, it came from 16 different countries, for a total of $4.2 billion in investment and 7,520 new and future jobs.

Since 2013, the state has attracted $12.8 billion in FDI, according to the Alabama Department of Commerce. It’s spread across a variety of sectors, including automotive, aerospace and bioscience.

“Team Alabama is looking to capitalize on a record-breaking year for FDI in the state, by continuing to build partnerships with world-class international companies looking to grow in the U.S.,” said Vince Perez, a project manager for the Alabama Department of Commerce.

SHOWCASING ALABAMA

SelectUSA is led by the U.S. Department of Commerce, and its annual summit regularly attracts top industry leaders and investors from around the globe. This year’s event is expected to draw more than 2,800 attendees from more than 70 international markets and 49 U.S. states and territories.

Participants of the past five summits have announced $103.6 billion in greenfield FDI in the U.S. within five years of attending, supporting more than 167,000 U.S. jobs.

“We are excited to have another opportunity to showcase Alabama’s vibrant business climate that’s been cultivated over the years through business-friendly policies,” Perez said.

“This year’s Investment Summit is very timely as we will be armed with the recently passed Incentives Modernization Act, which upgraded our already-strong incentive tool kit, making us more marketable than ever.”

The measure targets counties that have had slower economic growth. In particular, it expands the number of rural counties that qualify for investment and tax credit incentives. It also enhances incentives for technology companies.

Joining the Commerce Department at the SelectUSA Summit are PowerSouth, the North Alabama Industrial Development Association, the Economic Development Partnership of Alabama, Alabama Power Co., and Spire.

Speakers at the summit will include key government and industry leaders who will discuss opportunities in a broad range of areas and industries, such as energy, infrastructure, agriculture and technology.

FDI supports nearly 14 million American jobs, and it is responsible for $370 billion in U.S. goods exports. The U.S. has more FDI than any other country, topping $4 trillion.

(Courtesy of Made in Alabama)

A ‘Story Worth Sharing’: Yellowhammer News and Serquest partner to award monthly grants to Alabama nonprofits

Christmas is the season of giving, helping others and finding magic moments among seemingly ordinary (and occasionally dreary) days. What better way to welcome this season than to share what Alabamians are doing to help others?

Yellowhammer News and Serquest are partnering to bring you, “A Story Worth Sharing,” a monthly award given to an Alabama based nonprofit actively making an impact through their mission. Each month, the winning organization will receive a $1,000 grant from Serquest and promotion across the Yellowhammer Multimedia platforms.

Yellowhammer and Serquest are looking for nonprofits that go above and beyond to change lives and make a difference in their communities.

Already have a nonprofit in mind to nominate? Great!

Get started here with contest guidelines and a link to submit your nomination:

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Nominations are now open and applicants only need to be nominated once. All non-winning nominations will automatically be eligible for selection in subsequent months. Monthly winners will be announced via a feature story that will be shared and promoted on Yellowhammer’s website, email and social media platforms.

Submit your nomination here.

Our organizations look forward to sharing these heartwarming and positive stories with you over the next few months as we highlight the good works of nonprofits throughout our state.

Serquest is an Alabama based software company founded by Hammond Cobb, IV of Montgomery. The organization sees itself as, “Digital road and bridge builders in the nonprofit sector to help people get where they want to go faster, life’s purpose can’t wait.”

Learn more about Serquest here.

15 hours ago

Alabama Power wins Electric Edison Institute awards for power restoration efforts following Hurricane Michael

The Edison Electric Institute (EEI) awarded Alabama Power with the EEI “Emergency Assistance Award” and the  “Emergency Recovery Award” for its outstanding power restoration efforts after Hurricane Michael hit Alabama, Georgia, and Florida in October 2018.
The Emergency Assistance Award and Emergency Recovery Award are given to EEI member companies to recognize their efforts to assist other electric companies’ power restoration efforts, and for their own extraordinary efforts to restore power to customers after service disruptions caused by severe weather conditions or other natural events. The winners are chosen by a panel of judges following an international nomination process.

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Alabama Power received the awards during the EEI 2019 annual conference.

Alabama Power’s extraordinary efforts were instrumental to restoring service for customers across Alabama, Georgia, and Florida quickly and safely,” said EEI President Tom Kuhn. “We are pleased to recognize the dedicated crews from Alabama Power for their work to restore service in hazardous conditions and to assist neighboring electric companies in their times of need.”

Hurricane Michael, the strongest storm to make landfall during the 2018 hurricane season, was a Category 5 hurricane with peak winds of 160 mph. The storm hit Mexico Beach, Fla., on October 10 before being downgraded to a tropical storm and traveling northeast through Georgia and several Mid-Atlantic states. Alabama Power sent more than 1,400 lineworkers and 700 trucks to help restore service to customers over the course of two and a half months.

Hurricane Michael also resulted in 89,438 service outages in Alabama Power’s territory. Due to their tireless work, Alabama Power’s crews restored power to 100 percent of customers within four days after the storm, dedicating more than 124-thousand hours to the recovery.

(Courtesy of Alabama NewsCenter)