Bit of Legislative History: McCarran-Walter Act of 1952.

Seems the Donald isn’t alone: “McCarran and Walter were Democrats and this act was utilized by Jimmy Carter, no less, in 1979 to keep Iranians out of the United States …but he actually did more.He made all Iranian students already here check in, and then he deported a bunch”

From Dick Roberts

Very interesting Bit of Legislative History:  McCarran-Walter Act of 1952.

Donald Trump was recently severely criticized for suggesting that the U.S. should limit or temporarily suspend the immigration of certain ethnic groups, nationalities, and  people of certain religions (Muslims)  — actually a facist ideology masquerading as a religion.  The criticisms condemned his  suggestion as   “Un-American,” dumb, stupid, reckless, dangerous and racist.  Congressmen and Senators swore that they would never allow such legislation, and Obama called such a prohibition on immigration unconstitutional (as if, all of a sudden, he gives a damn about the Constitution).

“Surprise, Surprise!!!”  It seems that the selective immigration ban is already law and has been applied on several occasions.  The Immigration and Nationality Act of 1952, a.k.a., the McCarran-Walter Act allows for the “Suspension of entry or imposition of restrictions by the president (something which we haven’t had for the past seven and a half years).  Whenever the president finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, the president may, by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants or impose on the entry of aliens any restrictions he may deem to be appropriate.”

Note that McCarran and Walter were Democrats and this act was utilized by Jimmy Carter, no less, in 1979 to keep Iranians out of the United States …but he actually did more.  He made all Iranian students already here check in, and then he deported a bunch.  Seven thousand were found in violation of their visas, 15,000 Iranians were forced to leave the United States in 1979. You won’t hear a word about this from the liberal media, propaganda machine.

It is of note that the act requires that an applicant for immigration ”must be of good moral character” and “attached to the principles of the Constitution.”  Since the Quran forbids Muslims to swear allegiance to the U.S. Constitution, technically, all Muslims should be refused immigration.

Authenticated at http://library.uwb.edu/static/USimmigration/1952_immigration_and_nationality_act.html

Hillary Clinton’s Nightmare By Judge Andrew P. Napolitano

Hillary Clinton’s Nightmare
By Judge Andrew P. Napolitano
Published Jan. 28, 2016
Hillary Clinton’s nightmare is not the sudden resurgence of Bernie Sanders. It is the fidelity to the rule of law of the FBI.

The recent revelations of the receipt by Clinton of a Special Access Program email, as well as cut and pasted summaries of state secrets on her server and on her BlackBerry nearly guarantee that the FBI will recommend that the Department of Justice convene a grand jury and seek her indictment for espionage. Here is the backstory.

It seems that every week, more information comes to light about Clinton’s grave legal woes. Her worries are in two broad categories: One is her well-documented failure to safeguard state secrets and the other is her probable use of her position as secretary of state to advance financially her husband’s charitable foundation. The FBI is currently and aggressively investigating both. What I will describe below is in the state secrets category. It is apparently not new to the FBI, but it is new to the public.

Among the data that the FBI either found on the Clinton server or acquired from the State Department via its responses to Freedom of Information Act requests is a top-secret email that has been denominated Special Access Program. Top secret is the highest category of state secrets (the other categories are confidential and secret), and of the sub-parts of top secret, SAP is the most sensitive.
SAP is clothed in such secrecy that it cannot be received or opened accidentally. Clinton — who ensured all of her governmental emails came to her through her husband’s server, a nonsecure nongovernmental venue — could only have received or viewed it from that server after inputting certain codes. Those codes change at unscheduled times, such that she would need to inquire of them before inputting them.

The presence of the SAP-denominated email on her husband’s server, whether opened or not, shows a criminal indifference to her lawful obligation to maintain safely all state secrets entrusted to her care. Yet, Clinton has suggested that she is hopelessly digitally inept and may not have known what she was doing. This constitutes an attempted plausible deniability to the charge of failing to safeguard state secrets.

But in this sensitive area of the law, plausible deniability is not an available defense; no judge would permit the assertion of it in legal filings or in a courtroom, and no lawyer would permit a client to make the assertion.

This is so for two reasons. First, failure to safeguard state secrets is a crime for which the government need not prove intent. The failure can be done negligently. Thus, plausible deniability is actually an admission of negligence and, hence in this case, an admission of guilt, not a denial.

Second, Clinton signed an oath under penalty of perjury on Jan. 22, 2009, her first full day as secretary of state. In that oath, she acknowledged that she had received a full FBI briefing on the lawfully required care and keeping of state secrets. Her briefing and her oath specified that the obligation to safeguard state secrets is absolute — it cannot be avoided or evaded by forgetfulness or any other form of negligence, and that negligence can bring prosecution.

What type of data is typically protected by the SAP denomination? The most sensitive under the sun — such as the names of moles (spies working for more than one government) and their American handlers, the existence of black ops (illegal programs that the U.S. government carries out, of which it will deny knowledge if exposed), codes needed to access state secrets and ongoing intelligence gathering projects.

The crime here occurs when SAPs are exposed by residing in a nonsecure venue; it does not matter for prosecution purposes whether they fell into the wrong hands.

Clinton’s persistent mocking of the seriousness of all this is the moral equivalent of taunting alligators before crossing a stream. SAPs are so sensitive that most of the FBI agents who are investigating Clinton lack the security clearances needed to view the SAP found among her emails. Most FBI agents have never seen a SAP.

Shortly after the presence of the SAP-denominated email was made known, the State Department released another email Clinton failed to erase wherein she instructed her subordinates to take state secrets from a secure venue, to cut and paste and summarize them, and send them to her on her nonsecure venue. Such an endeavor, if carried out, is a felony — masking and then not safeguarding state secrets. Such a command to subordinates can only come from a criminal mind.

Equally as telling is a little-known 2013 speech that recently surfaced given by one of Clinton’s former subordinates. The aide revealed that Clinton and her staff regularly engaged in digital conversations about state secrets on their BlackBerries. This is not criminal if the BlackBerries were government-issued and secured. Clinton’s was neither. It was purchased at her instructions off the shelf by one of her staff.

Can anyone doubt that Clinton has failed to safeguard state secrets? If her name were Hillary Rodham instead of Hillary Rodham Clinton, she’d have been indicted months ago.

What remains of the rule of law in America? The FBI will soon tell us.

Senate Democrats Purge the Record | National Review Online

"Its report on enhanced-interrogation techniques amounts to intelligence birtherism."

By Tom Rogan via Senate Democrats Purge the Record | National Review Online.

"Senator Dianne Feinstein and the Democrats of the Senate Select Committee on Intelligence have released their summary report into the Bush-era CIA detention/interrogation program. While senior Democrats have little credibility on this issue — consider Nancy Pelosi, who has consistently misrepresented her CIA briefings — today they proudly claimed the mantle of honest objectivity.

The summary makes four key claims:

The CIA’s “enhanced interrogation techniques” were not effective.

The CIA provided extensive inaccurate information about the operation of the program and its effectiveness to policymakers and the public.

The CIA’s management of the program was inadequate and deeply flawed.

The CIA program was far more brutal than it represented to policymakers and the American public.

The product of selective half-truths and deliberate deception, these claims are ludicrous, because the CIA’s enhanced-interrogation techniques (EITs) were manifestly successful.

Breaking key figures in al-Qaeda’s international network, the EITs afforded America a unique window into al-Qaeda’s network structure, operational methodology, and strategic intent, as any honest examination of the record will show.

While the report claims that the CIA acted far more aggressively than represented by its officials, the simple fact is that the EITs were not designed to be pleasant. Moreover, as former CIA deputy director Jose Rodriguez outlined last Friday, Democrats knew about and supported the EITs.

They were right to do so, for the program was designed to defeat al-Qaeda training manuals. Those manuals inculcated AQ officers with the belief that U.S. interrogators would attempt to trick and manipulate them but would not apply measured physical or psychological force. And by applying the EITs, CIA interrogators were able to wrest control over their subjects and gain crucial intelligence.

The Senate Intelligence Committee report also argues that CIA management failed to supervise the program and brief government officials. But this requires the suspension of reality. First, just last week, former president George W. Bush again insisted that he was kept fully informed by the CIA.

The committee’s claim is also weakened by its assumption that the CIA’s inherently bureaucratic nature was impossibly suspended. After all, were the report to reflect reality, it would mean that successive CIA leaders, mid-level management officials, and operations officers engaged in a collective multi-year conspiracy of lies, for absolutely no reason. Aware that Beltway politics are radioactive, CIA officials are obsessed with limiting their institution’s vulnerability to political blowback. And so, when it came to the EITs, officials would have known that the program’s inherently controversial nature induced major political liabilities. But that they nevertheless decided to continue the program even with those risks speaks to a basic, undeniable truth.

A large number of officials were convinced that the program was necessary and was generating irreplaceable results. And it was. Responding to the committee report, the CIA notes that EITs led to critical intelligence. Cross-referenced with other sources, the following CIA assertions, I am confident, are true. Read more via Senate Democrats Purge the Record | National Review Online.