Sunday, March 11, 2012

From Townhall Finance

'My Brother's Keeper': Answering My Critics and Obama's Defenders
Get Mark Levin's new book free!
In a previous column, I took the President to task for his repeated use, most recently in his speech at the National Prayer Breakfast, of the phrase “my brother’s keeper” in support of his fiscal policies. That column raised quite an angry stir.
I should not have been surprised by this. The notion of keeper-hood is at the heart of the American left. The European left, at least since the time of the French Revolution, has waged open war on religious institutions and ideas.
But in the United States, where respect for the Bible remains high, the left more often attempts to appropriate religious language, misquoting it in support of statist solutions.
When someone like me points out that the Bible, in fact, does not say, “We are our brother’s keeper,” but instead quotes the first murderer (and soon to be first political ruler) as saying “Am I my brother’s keeper?” such a revelation threatens the whole enterprise in religious subterfuge, and it has to be punished.
Here are the objections that have been raised to my article, and my answers:
Some, for example fellow Forbes contributor Victoria Pynchon, said that the President was not quoting the Bible. Others suggested that he was simply quoting poetry. It is true that the president did quote poetry, for example John Donne’s statement that “no man is an island”, but I was referring to this other quote, “We are our brother’s keeper.” That is clearly an attempt to quote the Bible. The President’s remarks were given at a prayer breakfast, not at a conference of the Metaphysical Poets Appreciation Society.
Furthermore, the paragraph in which he made the brother’s keeper remark was preceded by the President saying that he prayed daily, that he believed his faith was not just part of his personal life but belonged in the formation of public policy, and by several attempts by the President to quote the Bible in support of his progressive political program, particularly that of raising taxes on the rich in order to fund various transfer payments. Of course he was using the Bible to support his politics: the only real question is whether he was using it properly.
Some who suggested that the President was not quoting the Bible nevertheless claimed that, if he had been, he would have been using it correctly and that the Bible does indeed teach that we are our brother’s keeper. They claim that when Cain asks if he is his brother’s keeper, God says that indeed he is. The problem is that God says no such thing. In fact, what is so conspicuous about the story of Cain and Abel is how often the Bible refers to Abel as Cain’s brother. It’s so frequent as to sound almost stilted:
“Cain spoke to Abel his brother. And when they were in the field, Cain rose up against his brother Abel and killed him. Then the LORD said to Cain, “Where is Abel your brother?” He said, “I do not know; am I my brother’s keeper?” And the LORD said, “What have you done? The voice of your brother’s blood is crying to me from the ground. And now you are cursed from the ground, which has opened its mouth to receive your brother’s blood from your hand.”
(Genesis 4:8-11 ESV)
The Bible uses the word ach, brother, six times in four verses. The only person who says ‘keeper’ (in Hebrew shmr) is Cain. In fact, God pointedly uses the word brother twice in direct conversation with Cain after Cain uses the word keeper. It seems clear that this passage is contrasting two views of the ethics of social relations; one is a keeper/kept relationship and the other is a brother/brother ethic.
Treating the Torah as a literary unit sheds much light on this: throughout the rest of the Torah Israelites are reminded that God is their shmr, their Keeper, their Shepherd. In contrast, the law frequently makes reference to the moral and legal obligations that Israelites have towards one another with the phrase ‘your brother’. Even the king is referred to this way; Israel is instructed to choose as king “one from among your bretheren”. Even the king is a brother, not a keeper.
Some complained about my translation skills. Following Leon Kass, who has taught the book of Genesis for over two decades, I suggested that the word ‘keeper’ might be interpreted as ‘shepherd.’ Some of my critics denied that the word could be translated that way. This is flat wrong: for example, Hosea 12:12 says that the patriarch Jacob was a ‘shmr of sheep’, so ‘keeper’ can sometimes mean ‘shepherd.’
I’m told that in modern Hebrew, a Shomer is a variant of a legal guardian: a keeper, for example, of a child until the time when he or she can fully exercise control of inherited wealth. In Biblical Hebrew a shmr can be a guardian at the city wall. I stand by my decision to interpret a shmr as a shepherd in the context of the story of Cain and Abel.
Abel, after all, was a herdsman, so the pun makes sense: Cain is sarcastically saying that he is not a shepherd of the shepherd. Neither a legal guardian not an armed guard translation would make sense in context: there was no property to be held in trust for Abel, and there were no walled cities to guard.
In fact, after his fratricide, Cain goes on to found the world’s first city and first political entity. Kass says that this story illustrates the close relationship between violence and politics. I think he is right. And I think this story provides little Biblical comfort for those who would twist the text in order to argue for expansive state power.
The government can only be our shepherd if we are its sheep, or our guardian if we are its children. One can have a legitimate argument about whether a shepherd/nanny government is the right form for us at this time.
But one cannot reasonably enlist the Torah, and most especially not the story of Cain and Abel, on the side of the Shepherd State without doing violence to the meaning of the text.
____________________________________________________________
Mr. Bowyer is the author of "The Free Market Capitalists Survival Guide," published by HarperCollins, and a columnist for Forbes.com.
Jerry Bowyer

Jerry Bowyer

Jerry Bowyer is a radio and television talk show host.

From Townhall Finance

Presidential Pork Kills Keystone
Get Mark Levin's new book free!
56 Senators voted in favor of a plan yesterday that would allow the Keystone pipeline to go forward by cancelling the bureaucratic roadblocks put up by the Obama administration/world-wide bus tour.
“The 56-42 vote came after President Barack Obama called Democratic senators to lobby them to oppose the 1,700-mile Keystone XL pipeline, which would carry tar sands oil from western Canada to refineries along the Texas Gulf Coast,” reports FoxNews.
“Even so, 11 Democrats sided with Republicans to sidestep Obama's rejection of the pipeline and allow the $7 billion project to go forward.”
Yet, despite the majority vote, Senate rules apparently require a 60-vote supermajority to create jobs in this country. And according to Democrat Party rules, any vote to create jobs also has to have a massive, wasteful, multi-trillion dollar appropriation attached to it. This rules out Keystone.


With that in mind, it’s time for voters to begin to ask the most obvious question: What quid pro quo is Obama promising members of Congress, to stall the pipeline and the immediate, well-paying jobs that go along with it?
And only the congresstrons who were on the phone with Obama can really answer what Obama promised them in return for their votes.
Reports CNN:
For their part, congressional Republicans blasted the president for twisting the arms of fellow Democrats.
"By personally lobbying against the Keystone pipeline, it means the president of the United States is lobbying for sending North American energy to China and lobbying against American jobs," House Speaker John Boehner, R-Ohio, said at a news conference.
Senate Minority Leader Mitch McConnell, R-Kentucky, said Obama is "out of touch" on the issue.
"At a moment when millions are out of work, gas prices are skyrocketing, and the Middle East is in turmoil, we've got a president who's up making phone calls trying to block a pipeline here at home," he said. "It's unbelievable."
So tell us, Mr & Mrs. Senator what the president offered you.
Instead of shipping jobs directly to U.S. by shipping oil through Keystone, the Democrats presumably prefer the new triangle-slavery route. Canada ships oil to China, China creates jobs, US imports dollars fromChina to pay for entitlement programs to support people who don’t have jobs here domestically.
There are many contrasts that the GOP can use to go after Obama on the economy.
None present such a black and white contrast as the dispute about the black, tar-sands crude that Canada would like to ship through the US to refineries on the Gulf via the Keystone XL pipeline. The dispute isn't about the environment, is about creating 10 million U.S. jobs.
The State Department gave preliminary approval to build the Keystone pipeline late last summer, saying that it posed no significant environmental risks. But like a lot of things with this administration, it was a case of the left hand not knowing what the left-wing was doing.
Instead of allowing the project to go through, along with the hundreds of thousands of jobs it would create, Obama sided with whack-job environmentalists who raised bogus fears that oil spills could pollute the aquifer that lies underneath its path.
Ok, he only apparently sided with them.
He actually did what Obama likes to do best when pandering to… whomever. He bravely told the rest of us that for right now he wouldn’t approve the pipeline, but he might change his mind. Oh, and if we try to rush him to make a decision, we’ll all be very, very sorry.
The Senate vote was an attempt by the GOP and 11 Democrats to show the rest us just how sorry Obama really is.
The pipeline could ultimately supply about a million barrels of Canadian oil to the US per day and 400,000 US jobs, most of them almost immediately.
But instead, the president, who has been railing against Congress for not passing another expensive jobs bill, and talks about income equality like it’s the most pressing issue of the day, just killed 400,000 American jobs that would battle income inequality in the most productive sense by providing ordinary Americans with the opportunity to earn some income.
And despite everything the Obama administration has done to slow down domestic development of oil and gas resources, the oil and gas sector is one of the fastest growing jobs markets in a very anemic job market. While other sectors are shedding jobs, oil and gas is hot.
“The use of new drilling techniques to tap oil and gas in shale rocks far underground helped add 158,000 new oil and gas jobs over the past five years,” writes the Wall Street Journal “and economists think that it has created even more jobs in companies supplying the energy industry and in the broader services industry.”
“This is probably the biggest stimulus we have going,” Michael Lynch, president of Strategic Energy and Economic Research told the WSJ.
According to the Journal “$145 billion will be spent drilling and completing wells this year, up from $13 billion in 2000.”
While it’s estimated that Canada may have as much as 2 trillion barrels of oil in reserves, “the U.S. Geological Survey estimates the [US] has 4.3 trillion barrels of in-place oil shale resources centered in Colorado, Utah and Wyoming, said Helen Hankins, Colorado director for the U.S. Bureau of Land Management” according to the Associated Press.
4.3 trillion barrels is 16 times the reserves of Saudi Arabia, or enough oil to supply the US for 600 years.
We know that Obama has multiple motives for killing the pipeline.
We know for example that Obama’s imperiled presidency rides on his ability, first, to rally his own base, since no one else supports him. That means pandering to the enviro-whackos in the White House and beyond.
We know too that Obama majority shareholder Warren Buffett stands to benefit from any agreement to scuttle the pipeline because Buffett’s railroad will end up carting any Canadian heavy if Canada decides to sell oil to US refineries despite the Keystone ban.
As I have pointed out all along, the Keystone issue isn’t about the safety of a pipeline route.
Obama and enviro-whacko friends know that if they allow Canadian tar sands oil to be developed via the Keystone pipeline, that the US will also start to develop their own tar-sands and shale oil. The US contains well over 600 years of known reserves and that would allow the US to be a net exporter of oil. If that happens, the green economy ruse that the left has sponsored, already reeling from bankruptcies and cronyism, would collapse. It would show that there is no shortage of oil and “green” energy can not compete with fossil fuels.
The only thing left then for those bitter climate clingers would be the shoddy science of Global Something-or-Another.
Oil from tar sands, reports the BBC on the Keystone decision, “is so plentiful that full-scale development would seriously delay the transition to low-carbon alternative fuels,” which is the holy grail of the left.
Full scale development of tar sands can only be stopped by taxing oil out of existence, like was tried with cap and trade. Cape and trade was never about trying to cool the earth. It was about giving "green" technologies a competitive advantage over fossil fuels that free markets won't concede.
The Atlantic echoes the theme:
The Keystone XL is merely on hold, and oil from all sorts of other "dirty" situations continues to flow into our gas tanks…. We need to stop fighting oil development project by project -- and instead focus on passing a Low Carbon Fuel Standard (which could make the Keystone XL economically unviable).
And the New York Times goes further, stating: “Far more important to the nation’s energy and environmental future is the development of renewable and alternative energy sources. This is the winning case that Mr. Obama should make to voters in rejecting the Republicans’ craven indulgence of Big Oil.”
And since the New York Times wrote the Obama strategy memo disguised as the op-ed above, Obama’s been sticking to the script.
And offering Democrats lots of big carrots along the way.

"Like" me on Facebook and you'll get sneak peaks of columns and, as an added bonus, I will never raise your taxes. Send me email and I just might mention you on Sunday.
John Ransom

John Ransom

John Ransom is the Finance Editor for Townhall Finance. You can follow him on twitter @bamransom and on Facebook: bamransom.

This was emailed to me

This is very interesting reading, so let's keep it going if you agree. It only takes a few days on the Internet and this will have reached 75% of the public in the USA. Seniors need to stand up for what is right, not what the politicians want or special interest groups want.
This letter was sent to Mr. Rand who is the Executive Director of AARP.
THIS LADY NOT ONLY HAS A GRASP OF 'THE SITUATION' BUT AN INCREDIBLE COMMAND OF THE ENGLISH LANGUAGE!
____________________________________________
Dear Mr. Rand,
Recently you sent us a letter encouraging us to renew our lapsed membership in AARP by the requested date. I know it is not what you were looking for, but this is the most honest response I can give you. Our gap in coverage is merely a microscopic symptom of the real problem, a deepening lack of faith.
While we have proudly maintained our membership for several years and have long admired the AARP goals and principles, regrettably, we can no longer endorse its abdication of our values. Your letter specifically stated that we can count on AARP to speak up for our rights, yet the voice we hear is not ours. Your offer of being kept up to date on important issues through DIVIDED WE FAIL presents neither an impartial view nor the one we have come to embrace.. We do believe that when two parties agree all the time on everything presented to them, one is probably not necessary. But, when the opinions and long term goals are diametrically opposed, the divorce is imminent. This is the philosophy which spawned our 200 years of government.
Once upon a time, we looked forward to being part of the senior demographic. We also looked to AARP to provide certain benefits and give our voice a power we could not possibly hope to achieve on our own.. AARP gave us a sense of belonging which we no longer enjoy. The Socialist politics practiced by the Obama Regime and empowered by AARP serves only to raise the blood pressure my medical insurance strives to contain. Clearly a conflict of interest there!
We do not understand the AARP posture, feel greatly betrayed by the guiding forces that we expected to map out our senior years and leave your ranks with a great sense of regret. We mitigate that disappointment with the relief of knowing that we are not contributing to the problem anymore by renewing our membership. There are numerous other organizations which offer discounts without threatening our way of life or offending our sensibilities.
This Obama Regime scares the living daylights out of us. Not just for ourselves, but for our proud and bloodstained heritage. But even more importantly for our children and grandchildren. Washington has rendered Soylent Green a prophetic cautionary tale rather than a nonfiction scare tactic. I have never in my life endorsed any militant or radical groups, yet now I find myself listening to them. I don't have to agree with them to appreciate the fear which birthed their existence. Their borderline insanity presents little more than a balance to the voice of the Socialist mindset in power. Perhaps I became American by a great stroke of luck in some cosmic uterine lottery, but in my adulthood I CHOOSE to embrace it and nurture the freedoms it represents as well as the responsibilities it requires .
Your website generously offers us the opportunity to receive all communication in Spanish. ARE YOU KIDDING??? The illegal perpetrators have broken into our 'house', invaded our home without our invitation or consent. The President has insisted we keep these illegal perpetrators in comfort and learn the perpetrator's language so we can communicate our reluctant welcome to them.
I DON'T choose to welcome them.

I DON'T choose to support them.
I DON'T choose to educate them.
I DON'T choose to medicate them, pay for their food or clothing.
American home invaders get arrested.
Please explain to me why foreign lawbreakers can enjoy privileges on American soil that Americans do not get?
Why do some immigrants have to play the game to be welcomed and others only have to break & enter to be welcomed?
We travel for a living. Walt hauls horses all over this great country, averaging over 10,000 miles a month when he is out there. He meets more people than a politician on caffeine overdose. Of all the many good folks he enjoyed on this last 10,000 miles, this trip yielded only ONE supporter of the current Regime. One of us is out of touch with mainstream America . Since our poll is conducted without funding, I have more faith in it than ones that are driven by a need to yield AMNESTY. (aka - make voters out of the foreign lawbreakers so they can vote to continue the government's free handouts). This addition of 10 to 20 Million voters who then will vote to continue Socialism will OVERWHELM our votes to control the government's free handouts. It is a "slippery slope" we must not embark on!
As Margret Thatcher (former Prime Minister of Great Britain) once said " Socialism is GREAT - UNTIL you run out of other people's money".
We have decided to forward this to everyone on our mailing list, and will encourage them to do the same... With several hundred in my address book, I have every faith that the eventual exponential factor will make a credible statement to you.
I am disappointed as all get out ! ! ! !
I am more scared than I have ever been in my entire life ! !
I am ANGRY ! !
I am 'MAD' as hell, and I'm NOT gonna take it anymore !
SENIORS: PLEASE KEEP THIS MOVING FORWARD.
(In internet lingo: If enough people pass this on it will go viral

Thursday, March 8, 2012

From Townhall

Lately, President Obama has been bragging about the drop in America’s dependence on foreign oil—now less than fifty percent. Earlier this week, he introduced a new chart to show how oil imports have declined under his leadership. The chart does not show the drop in America’s oil consumption, due to the bad economy. Nor does it give any indication of the trend for the future based on his policies—which will likely lead to increased use of foreign oil.
President Obama’s energy policy is largely set by his environmental base that favors “alternatives” and eschews fossil fuels—especially drilling for oil. His policy mirrors that of California where the resistance to tapping the resources under the residents’ feet has resulted in increased imported oil from the Middle East. Once the largest oil producer in the world, California is now importing nearly 50% of its oil—with about 21% coming through the Strait of Hormuz. California’s gas prices are routinely the highest in the country. If Iran closes the Strait, as they’ve been threatening, California will be in dire straits.
While less dependent on Middle Eastern oil than California, the United States is like California, in that we have vast resources that are locked up due to regulation, blocked access, and delayed permitting. President Obama touts the reduction of imported oil, but his bragging rights may be short-lived, if he continues on the same anti-drilling track California has been on.
Gasoline prices are driven largely by the headlines. They are full of talk about Middle East unrest and devoid of American drilling announcements. Hence, fear over future supplies keeps bumping the price up and up.
Add to that the President’s planned punishment of the companies that do produce oil in America.
The high gas prices are pushing the President to deflect blame. The oil companies are his favorite target. He points to their profits and wants to single them out for tax increases—which will only add to gas prices.
If you only hear part of the picture, the numbers do sound like the oil companies are stealing. But, perspective is needed. Take ExxonMobil. As one of the biggest publically traded oil companies in the world, it is an easy target. While the company’s oil reserves only account for 1% of the world’s total, it is an American company, whose $9.6 billion in earnings sound astronomical—until they are put into perspective. And, that perspective includes looking at what would happen to the struggling American economy, if ExxonMobil succumbs to the pressure and, like a whipped puppy, it crawls away to a more welcoming country.
ExxonMobil’s overall contribution to the economy through taxes, salaries, investment returns and business expenditures is more than seven times its earnings: $72 billion that governments can use to fund vital services, companies can use to hire workers, and investors can use to save for, or fund retirement.
According to the data, ExxonMobil’s economic contribution breaks down this way:
· $29 billion to investors in the form of dividends and share buybacks. Investors of oil and gas companies include teachers, government workers and other public-pension holders, as well as the millions of Americans who invest in IRAs or mutual funds.
· $19 billion in goods and services related to running U.S. production, manufacturing and office facilities, including payroll to more than 30,000 U.S. employees.
· $12 billion in capital spending, which goes to contractors, construction companies, raw materials and other spending on goods and services related to its U.S. oil, natural gas and chemicals activities.
· $12 billion to local, state and federal governments in the form of taxes and duties.
And these numbers are from just one company. While it is the largest American oil company, ExxonMobil only accounts for about 5 percent of US oil and gas production. Other major contributors include Chevron and ConocoPhillips. Imagine what the numbers could look like if American resources were opened up.
Looking at the complete picture, it is clear that the oil and gas industry is a major contributor to the US economy. Making “decreasing our dependency on oil” the goal of the Administration’s energy policy is bad for the economy.
Marita Noon

do not dial Area Code's 809, 284, or 876

New Area Code - PLEASE READ - Be sure you read this and pass it on.

809 Area Code

We actually received a call last week from the 809 area code. The woman
said 'Hey, this is Karen. Sorry I missed you- get back to us quickly. I
have something important to tell you.' Then she repeated a phone number
beginning with809. We did not respond. Then this week, we received the
following e-mail:


Do Not DIAL AREA CODE 809, 284, AND 876

THIS IS VERY IMPORTANT INFORMATION PROVIDED TO US BY AT&T. DON'T EVER DIAL
AREA CODE 809


This one is being distributed all over the US ... This is pretty scary,
especially given the way they try to get you to call.

Be sure you read this and pass it on.

They get you to call by telling you that it is information about a family
member who has been ill or to tell you someone has been arrested, died, or
to let you know you have won a wonderful prize, etc..

In each case, you are told to call the 809 number right away. Since there
are so many new area codes these days, people unknowingly return these
calls.

If you call from the U.S.
you will apparently be charged
$2425 per-minute.

Or, you'll get a long recorded message. The point is, they will try to
keep you on the phone as long as possible to increase the charges.


WHY IT WORKS:

The 809 area code is located in the Dominican Republic ..

The charges afterward can become a real nightmare. That's because you did
actually make the call. If you complain, both your local phone company and
your long distance carrier will not want to get involved and will most
likely tell you that they are simply providing the billing for the foreign
company. You'll end up dealing with a foreign company that argues they
have done nothing wrong.

Please forward this entire message to your friends, family and colleagues
to help them become aware of this scam.

AT&T VERIFIES IT'S TRUE :http://www.att.com/Gen/press-room?pid=6045

SNOPES VERIFIES IT'S TRUE:

1. Snopes.com: 809 Area Code Scam

Are callers lured into placing calls to the 809 area code charged large
long-distance fees?.....809 Area Code Scam Scam: Unsuspecting phone
customers are gulled into placing calls to area codes in the Caribbean
that result in hefty charges.......DON'T EVER DIAL AREA CODE 809 This one
is being distributed all over the US .. This is pretty scary especially
given the way they try to get you to call........Don't respond to Emails,
phone calls, or web pages which tell you to call an "809" Phone Number.
This is a very important issue of Scam Busters! Because...

WHAT DOES THIS WORD MEAN?? DHIMMITUDE

Not sure if this is true, sounds scary!!!
INTERESTING - AMERICAN LAW!!!!!
PLEASE READ !!!!!!!!!!
It seems very important to pursue the exact definition of this
word, which is employed in the controversial health care bill on
page 107, but not easily found in any English or American
dictionaries.
Check Snopes and Google , but don't stop there, take the time to
visit your Library.
Dhimmitude -- What does it mean?
Obama used it in the health care bill.
Now isn't this interesting? It is used in the health care law.
Dhimmitude -- I had never heard the word until now. Type it into
Google and start reading. Pretty interesting. It's on page 107 of
the healthcare bill. I looked this up on Google and yep, it
exists.. It is a REAL word.
Word of the Day: Dhimmitude
Dhimmitude is the Muslim system of controlling non-Muslim
populations conquered through jihad. Specifically, it is the TAXING
of non-Muslims in exchange for tolerating their presence AND as a
coercive means of converting conquered remnants to Islam.
ObamaCare allows the establishment of Dhimmitude and Sharia Muslim
diktat in the United States . Muslims are specifically exempted
from the government mandate to purchase insurance, and also from the
penalty tax for being uninsured. Islam considers insurance to be
"gambling", "risk-taking", and "usury" and is thus banned. Muslims
are specifically granted exemption based on this.
How convenient. So I, as a Christian, will have crippling IRS liens
placed against all of my assets, including real estate, cattle, and
even accounts receivables, and will face hard prison time because I
refuse to buy insurance or pay the penalty tax. Meanwhile, Louis
Farrakhan will have no such penalty and will have 100% of his health
needs paid for by the de facto government insurance. Non-Muslims
will be paying a tax to subsidize Muslims. This is Dhimmitude.
I recommend sending this onto your contacts. American citizens
need to know about it --

Saturday, March 3, 2012

From Prophecy News

Japan Invents Speech-Jamming Gun That Silences People Mid-Sentence




Japanese researchers have invented a speech-jamming gadget that painlessly forces people into silence.

Kazutaka Kurihara of the National Institute of Advanced Industrial Science and Technology, and Koji Tsukada of Ochanomizu University, developed a portable "SpeechJammer" gun that can silence people more than 30 meters away.

The device works by recording its target's speech then firing their words back at them with a 0.2-second delay, which affects the brain's cognitive processes and causes speakers to stutter before silencing them completely.

Describing the device in their research paper, Kurihara and Tsukada wrote, "In general, human speech is jammed by giving back to the speakers their own utterances at a delay of a few hundred milliseconds. This effect can disturb people without any physical discomfort, and disappears immediately by stopping speaking."

They found that the device works better on people who were reading aloud than engaged in "spontaneous speech" and it cannot stop people making meaningless sounds, such as "ahhh," that are uttered over a long time period.

Kurihara and Tsukada suggested the speech-jamming gun could be used to hush noisy speakers in public libraries or to silence people in group discussions who interrupt other people's speeches.

"There are still many cases in which the negative aspects of speech become a barrier to the peaceful resolution of conflicts," the authors said.

From Prophecy News

Court Rules Warrantless Cellphone Searches OK…But How Far Can They Go?




The U.S. Court of Appeal for the 7th Circuit has ruled that some warrantless searches of cellphones, for example to obtain phone numbers, is allowable and does not violate a person’s Fourth Amendment rights.

Reuters reports that Abel Flores-Lopez was given 10 years in prison for involvement in a drug case after police identified him from a cellphone they found on the scene of a drug bust. They had to enter the cellphone to obtain the number. Flores-Lopez argued the police did not have the right to search the contents of the phone without a warrant.

He appealed his sentencing but it was rejected by the court. Reuters reports that the court said the invasion of privacy was “so slight” that it was not considered an unreasonable search.

Issues with search warrants and electronic devices have been growing as the technology becomes increasingly attractive to authorities. Earlier this year, it went as high as the Supreme Court to decide that GPS tracking of a vehicle does in fact require a warrant. This is also not the first case regarding cellphones. We reported last year how Michigan State Police could download your cellphone’s information while at a traffic stop.

Right now, laws differ by state. We reported that in California, for example cellphone searches without a warrant are allowed, and in Florida cellphones are considered “containers” and are therefore not subject to needing a warrant. Ohio, on the other hand, has banned warrantless cellphone searches.

But, the ruling gave some judges the opportunity to discuss the doors that could be opened with this ruling regarding searches of cellphones. Reuters has more:

“Lurking behind this issue is the question whether and when a laptop or desktop computer, tablet, or other type of computer (whether called a ‘computer’ or not) can be searched without a warrant,” Judge Richard Posner wrote for the three-judge panel.

He raised the example of the iCam, which allows someone to use a phone to connect to a home-computer web camera, enabling someone to search a house interior remotely.

“At the touch of a button, a cell phone search becomes a house search,” he wrote.

Posner compared the cell phone to a diary. Just as police are entitled to open a pocket diary to copy an owner’s address, they should be able to turn on a cell phone to learn its number, he wrote. But just as they’re forbidden from examining love letters tucked between the pages of an address book, so are they forbidden from exploring letters in the files of a phone.

Reuters reports that while the judges have not made a ruling on just how deep searches on cellphones can go, at least for now finding numbers seems to be non-intrusive enough to bypass a warrant.

From Prophecy News

U.S. Sees Iran Attacks as Likely if Israel Strikes




American officials who have assessed the likely Iranian responses to any attack by Israel on its nuclear program believe that Iran would retaliate by launching missiles on Israel and terrorist-style attacks on United States civilian and military personnel overseas.

While a missile retaliation against Israel would be virtually certain, according to these assessments, Iran would also be likely to try to calibrate its response against American targets so as not to give the United States a rationale for taking military action that could permanently cripple Tehran’s nuclear program.

“The Iranians have been pretty good masters of escalation control,” said Gen. James E. Cartwright, now retired, who as the top officer at Strategic Command and as vice chairman of the Joint Chiefs of Staff participated in war games involving both deterrence and retaliation on potential adversaries like Iran.

The Iranian targets, General Cartwright and other American analysts believe, would include petroleum infrastructure in the Persian Gulf, and American troops in Afghanistan, where Iran has been accused of shipping explosives to local insurgent forces.

Both American and Israeli officials who discussed current thinking on the potential ramifications of an Israeli attack believe that the last thing Iran would want is a full-scale war on its territory. Their analysis, however, also includes the broad caveat that it is impossible to know the internal thinking of the senior leadership in Tehran, and is informed by the awareness that even the most detailed war games cannot predict how nations and their leaders will react in the heat of conflict.

Yet such assessments are not just intellectual exercises. Any conclusions on how the Iranians will react to an attack will help determine whether the Israelis launch a strike — and what the American position will be if they do.

While evidence suggests that Iran continues to make progress toward a nuclear weapons program, American intelligence officials believe that there is no hard evidence that Iran has decided to build a nuclear bomb. But the possibility that Israel will launch a pre-emptive strike has become a focus of American policy makers and is expected to be a primary topic when Prime Minister Benjamin Netanyahu of Israel meets with President Obama at the White House on Monday.

In November, Israel’s defense minister, Ehud Barak, said any Iranian retaliation for an Israeli attack would be “bearable,” and his government’s estimate that Iran is engaging in a bluff has been a key element in the heightened expectations that Israel is considering a strike.

But Iran’s highly compartmentalized security services, analysts caution, may operate in semi-rogue fashion, following goals that seem irrational to planners in Washington. American experts, for example, are still puzzled by a suspected Iranian plot last year to assassinate the Saudi ambassador in Washington.

“Once military strikes and counterstrikes begin, you are on the tiger’s back,” said Ray Takeyh, a former Obama administration national security official who is now at the Council on Foreign Relations. “And when on the tiger’s back, you cannot always pick the place to dismount.”

If Israel did attack, officials said, Iran would be foolhardy, even suicidal, to invite an overpowering retaliation by directly attacking United States military targets — by, for example, unleashing its missiles at American bases on the territory of Persian Gulf allies.

“The balance the Iranians will try to strike is doing damage that is sufficiently significant, but just short of what it would take for America to invade,” said General Cartwright, now at the Center for Strategic and International Studies.

A former Israeli official said the best way to think about retaliation against Israel was through a formula he called “1991 plus 2006 plus Buenos Aires times 3 or 5.”

The reference was to three instances in the last two decades when Israel came under attack: the Scud missiles sent by Saddam Hussein into Israel in 1991 during the first gulf war; the 3,000 rockets fired at Israel by Hezbollah during their 2006 war; and the attacks on the Israeli Embassy and a Jewish center in Argentina in the early 1990s.

Those attacks each killed 100 to 200 people, wounded scores more and caused several billion dollars of property damage. Hundreds of thousands of Israelis in the north had to be evacuated from their homes to bomb shelters or further south during the 2006 war.

But there is a broad Israeli assessment that Iran’s response to an attack would be limited.