Saturday, November 2, 2013

FOXNews.com: Paul: FISA court so secretive Obama's cell could be tapped; NSA gone 'too far'

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Paul: FISA court so secretive Obama's cell could be tapped; NSA gone 'too far'
Nov 2nd 2013, 16:11

Published November 02, 2013

FoxNews.com

FILE: Jan. 7, 2012: Sen. Rand Paul, R-Ky., campaigns for his father, GOP presidential candidate Rep. Ron Paul, R-Texas in Nashville, Tenn.AP

Kentucky GOP Sen. Rand Paul -- the libertarian who blocked a Senate vote for nearly 14 hours over drone strikes -- says the NSA spying has "gone too far" and is speculating about whether the agency as tapped into President Obama's cellphone.

Paul's comments follow the most-recent revelations about the NSA's post 9-11 data collecting -- that German Chancellor Angela Merkel was a victim and that agency purportedly had access to the servers of Internet giants Yahoo! and Google.

The senator made the comments during an interview this weekend with Bloomberg's "Political Capital with Al Hunt" and acknowledged being "a bit" fastidious about the president's cellphone because it is almost certainly encrypted. But he was using that extreme hypothetical situation to point out the NSA gets its authorization from the secretive Foreign Intelligence Surveillance Act court so most anything is possible.

"Are they tapping the president's phone, also?" asked Paul on the show. "He's got a cellphone. … And I say that a bit facetiously, but at the same time, the warrants that are coming out of the FISA court are so expansive and without limit and non-specific that they apply to all cellphones. So conceivably the NSA could be spying on the president's phone."

This is not the first time Paul -- a first-term senator and potential 2016 presidential candidate -- has sharply criticized the Obama administration and what he perceives as too-secretive operations.

In March, he staged a filibuster-like speech on the Senate floor in protest of Obama not clearly telling Americans whether they could be hit by a drone strike on U.S. soil.

The president weeks late released classified information showing four U.S. citizens had been killed by drones on foreign soil and said, "I do not believe it would be constitutional for the government to target and kill any U.S. citizen -- with a drone, or a shotgun -- without due process. Nor should any president deploy armed drones over U.S. soil."

Paul told Bloomberg the definition of overreach is "everything the NSA has been doing over the last several years" and said the agency's secret surveillance efforts needs to be "debated, and discussed" openly before the Supreme Court. 

"We've gone too far," he said. "The president likes to say there's a balance between liberty and privacy … and government. We've gone overboard. … It totally goes against everything our country stands for to have a secret court … meets in secret."

He also said that Obama not knowing about NSA surveillance on U.S. allies is "hard to believe."

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FOXNews.com: House committee threatens subpoena over ObamaCare enrollment numbers

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House committee threatens subpoena over ObamaCare enrollment numbers
Nov 2nd 2013, 05:36

Published November 02, 2013

FoxNews.com

The Republican-led House Ways and Means Committee on Friday threatened to subpoena the Obama administration in an effort to obtain enrollment numbers for the new health care exchanges amid reports only six people signed up for ObamaCare on its first day.

Rep. Dave Camp, R-Mich., the committee's chairman, told Medicare chief Marilyn Tavenner, the senior Obama administration official closest to the problem-plagued rollout of the health law, requesting that enrollment figures be released immediately. 

"We are facing a crisis," Camp wrote. "The failed launch of the exchanges combined with the millions of cancellation notices is putting Americans health care coverage at risk. By all media accounts, enrollment in the exchanges is thus far significantly behind the administration's projections." 

Camp cited media reports indicating the administration has direct access to daily enrollment figures. Raising questions about the administration's transparency on the rollout, Tavenner declined to provide the committee with signup numbers at a hearing this week.

The Obama administration has thus far not released any official numbers on ObamaCare enrollment, saying the first numbers would be released in mid-November after the Department of Health and Human Services collects data from a variety of different sources. 

"The committee is not prepared to wait until 'around mid-November' for the administration's scrubbed and spun numbers," Camp wrote. "Enrollment data exists today that will help this committee begin to address the implications of the failed launch."

Camp asked Tavenner to provide the committee with daily enrollment figures, warning that refusing to comply with the request "will be met with subpoenas to compel their production."

On Thursday, House Oversight and Government Reform Committee Chairman Darrell Issa, R-Calif., issued a subpoena requiring HHS to turn over documents "related to technical problems with healthcare.gov, the testing that went into the website and the number of people who have enrolled and attempted to enroll in federal exchanges through healthcare.gov" by Nov. 13.

Documents released Thursday by the Issa's committee indicated only six people managed to enroll on the first day, when about 3 million tried to access the website. An administration official told Fox News the documents "appear to be notes," and do not include official enrollment statistics.

White House spokesman Jay Carney sought to lower expectations Friday, saying the figures will show the first month was slow. That was expected, he said, but the actual numbers will be even lower because of widespread problems with the website. Prior to the troubled launch, administration projections called for nearly 500,000 signups in October.

Health and Human Services Secretary Kathleen Sebelius met with local ObamaCare enrollment partners before in Memphis on Friday before addressing an audience of more than 100 people at an area library who wanted to sign up. 

Speaking to a standing-room-only crowd, Sebelius said she is sorry that people who have waited a long time for the health insurance website are frustrated with it. 

A question from reporters afterward dealt with a new Kaiser Family Foundation poll that says the number of people who say they understand how the law affects their own family is up 8 points to 55 percent. However, the percentage of people who have a generally unfavorable opinion of the law remained virtually unchanged at 44 percent, indicating that people don't seem to like the law any better, even as they learn more about it.

"There is no question there is still an extraordinary amount of misinformation," she said. "If 55 percent of the people understand a little more about how it affects them and their families, that means that 45 percent of the people still don't have any idea, and may have believed that there is anything from death panels for Medicare constituents or something will happen to their health benefits or any number of things that continue to be said over and over again."

The Associated Press contributed to this report.

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Friday, November 1, 2013

FOXNews.com: Appeals court deals blow to ObamaCare contraceptive mandate

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Appeals court deals blow to ObamaCare contraceptive mandate
Nov 2nd 2013, 05:26

Published November 02, 2013

Associated Press

WASHINGTON –  A divided appeals court panel sided Friday with Ohio business owners who challenged the birth control mandate under the new federal health care law.

The business owners are two brothers, Francis and Philip M. Gilardi, who own Freshway Foods and Freshway Logistics of Sidney, Ohio., and challenged the mandate on religious grounds. They say the mandate to provide contraceptive coverage would force them to violate their Roman Catholic beliefs and moral values by providing contraceptives such as the morning-after pill for their employees. The law already exempts houses of worship from the requirement.

The ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit is one of several on the birth control issue, which likely will be resolved by the Supreme Court. There are at least three other rulings by federal appeals courts on the mandate: One sided with Oklahoma businesses; and two sided with the Obama administration in challenges brought by Pennsylvania and Michigan companies.

Writing for the majority, Judge Janice Rogers Brown wrote that the mandate "trammels the right of free exercise--a right that lies at the core of our constitutional liberties--as protected by the Religious Freedom Restoration Act."

Brown, an appointee of President George W. Bush, said that the mandate presented the Gilardis with a "Hobson's choice: They can either abide by the sacred tenets of their faith, pay a penalty of over $14 million, and cripple the companies they have spent a lifetime building, or they become complicit in a grave moral wrong."

Friday's ruling reversed a lower court ruling that had denied the Gilardis' request for a preliminary injunction to block the Department of Health and Human Services from enforcing the mandate against them as business owners. The appeals court ruled that the lower court erred when it concluded the Gilardis were unlikely to succeed on the merits, and sent the case back to the lower court to consider other factors for an injunction.

But Brown upheld the lower court's dismissal of an injunction for the brothers' companies, writing, "we have no basis for concluding a secular organization can exercise religion."

In an opinion dissenting from the court's main holding in the case, Judge Harry T. Edwards wrote that legislative restrictions may trump religious exercise. He asked what, if the Gilardis' companies were exempted from covering contraception, would stop another company from seeking an exemption from a requirement to cover vaccines?

"The mandate does not require the Gilardis to encourage Freshway's employees to use contraceptives any more directly than they do by authorizing Freshway to pay wages," wrote Edwards, who was appointed by President Jimmy Carter. He added that the Gilardis remain free to publicly express their disapproval of contraceptives.

Coming from the other direction, Judge A. Raymond Randolph joined Brown's main conclusion about the Gilardis but dissented from her conclusions about Freshway companies' exercise of religion.

"Why limit the free-exercise right to religious organizations when many business corporations adhere to religious dogma?" asked Randolph, an appointee of President George H.W. Bush. "If non-religious organizations do not have free-exercise rights, why do non-religious natural persons (atheists, for example) possess them?"

The Gilardis' lawyer, Francis Manion, senior counsel for the American Center for Law and Justice, an anti-abortion legal group that focuses on constitutional law, said he was pleased that the court accepted the "bulk" of his arguments, but will appeal the part of the ruling on the free exercise religious rights of corporations.

"It's a big victory, but not total," he said in a telephone interview.

In a statement, the Rev. Barry W. Lynn, executive director of Americans United, a church-state watchdog group, said the Friday's ruling turns "the concept of religious freedom on its head.

"Religious liberty means the right to make decisions for yourself, not other people," Lynn said. "Freedom of religion should never be a blank check to meddle in the personal medical decisions of others."

The Department of Health and Human Services said it was unable to comment on pending litigation.

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FOXNews.com: Hayes on ObamaCare: ‘The numbers are what they are’

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Hayes on ObamaCare: 'The numbers are what they are'
Nov 1st 2013, 23:40

Published November 01, 2013

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Steve Hayes, senior writer for The Weekly Standard, said Friday on "Special Report with Bret Baier" that problems are growing for the White House as ObamaCare moves from a theoretical debate to real numbers, and as some health insurance providers drop customers.

"The problem for the administration is they can spin it…but it doesn't matter," he said. "Ultimately, the numbers are what they are. People are getting these notices."

Hayes went on to attack the argument that those who get coverage through employers are not affected by the health care law.

"That's total and utter nonsense…You talk to people across the country, and they tell you their premiums are going to be increasing." 

He added, "This affects everybody."

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FOXNews.com: Ex-Republican Fla. Gov. Crist to run for job as Democrat

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Ex-Republican Fla. Gov. Crist to run for job as Democrat
Nov 1st 2013, 23:22

Published November 01, 2013

Associated Press

Dec. 19, 2012: Former Florida Gov. Charlie Crist delivers a statement before the Senate Judiciary Committee on Capitol Hill in Washington.AP

TALLAHASSEE, Fla. –  Former Republican governor-turned Democrat Charlie Crist took the first step Friday toward attempting to reclaim his old job with a new party, paving the way for a bitter contest that will be one of the most watched in the nation.

Crist filed paperwork to get in the race and is now the front-runner to represent Democrats against Republican Gov. Rick Scott, one of the most unpopular chief executives in the country. Scott, though, will be well-financed and is expected to spend as much as $25 million in attack ads against Crist.

For Crist, he is hoping to revive a political career that seemingly crashed when he left the GOP and lost an independent run for U.S. Senate to Republican Marco Rubio in 2010.

Crist has a 10 a.m. event scheduled in a park near his St. Petersburg home to kick off his campaign.

"I'm looking forward to Monday and making it official in every way," Crist said Friday. "I just hope that the message that we deliver will lift Florida's spirits and let her know that there's a brighter future tomorrow. And it's coming."

There was little doubt he was getting into the race. He has been preparing a team of advisers and has set up a website for the potential campaign. His addresses to Democratic groups have increasingly sounded like campaign speeches.

"What a surprise," said former state Sen. Nan Rich, who was alone in the Democratic primary until now. "He's been running for a year, he's finally announced and I think everybody knew he was going to do this.

If he succeeds, it will be an amazing turnaround for the person who many thought could be 2008 GOP presidential nominee John McCain's running mate, if not a Republican presidential candidate in his own right.

Republicans have pounded Crist for months anticipating the announcement, calling him a political opportunist who will say and do anything to remain politically relevant.

"He wanted to be in D.C. a couple of years ago, that's where he wanted to solve all the world's problems, and now he feels he wants to be back as governor without any good reason," said Lenny Curry, chairman of Florida's Republican Party. "Rick Scott has a record of success to run on and Charlie has a lifelong 'It's all about Charlie' to run on."

Curry acknowledged that Crist will be a tough campaigner and a formidable fundraiser. Crist's political skills are among the best in the state. His ability to connect with people has often been compared to that of former President Bill Clinton.

Crist's downfall in the Republican Party can be linked to an appearance with President Barack Obama in 2009. The Democratic president hugged Crist during a rally to support a $787 billion federal stimulus package that most Republicans opposed.

Not that there were immediate repercussions. When Crist decided not to seek a second term and entered the Senate race, he immediately received the backing of the Republican establishment in Tallahassee and Washington.

But Rubio, who received his early support from tea party activists, used the image of the Obama hug to begin chipping away at Crist's dominance in the polls and fundraising. When it became clear that Rubio had the advantage in the Republican primary, Crist decided to run as an independent — essentially burning any bridges he had with the GOP.

Crist lost and took a job with the Morgan & Morgan personal-injury law firm. He then began re-emerging in politics as a Democrat. His wife, Carole, registered as a Democrat first. He then began donating money to Democratic candidates, including Sen. Bill Nelson. He endorsed Obama over Republican presidential nominee Mitt Romney and campaigned heavily for the president. In December, he made the party conversion complete when he tweeted a photo of himself at the White House with his voter registration card.

And he's now embracing the hug with Obama, using it to help win over Democrats.

While there are Democratic activists who are skeptical, he's largely been given a warm reception.

"There are a lot of people that are excited about his announcement; there's another group that's sort of a wait and see," said Screven Watson, a Democratic consultant. "Some people want to see how strong he is, and then equally and more importantly, how is he going to handle the barrage of attacks that are certain to come."

Gov. Rick Scott has a goal of raising $100 million for the campaign. The Republican Party of Florida has already been attacking Crist for months through news releases, emails, Web videos and websites. It even launched ads against him last summer just before Crist spoke at the Democratic National Convention.

"It's weird to me. That is new. I've never had that kind of assault laid on me when you're not even a candidate yet. It's a little peculiar," Crist said last weekend, adding that the attacks are only going to get worst. "I don't have any fear. I really don't."

And he said he'll have plenty to say about Scott.

"I'll talk about the disappointment and despair that I think this administration has brought on my fellow Floridians and our environment and our education and our ethics. Florida's suffering and she deserves better," Crist said.

Crist has earned the backing of many prominent Democrats. Steve Schale, who ran Obama's 2008 Florida campaign and was a top Florida adviser during his 2012 re-election, is advising Crist. Former House Democratic Leader Dan Gelber has also been helping Crist.

Crist has been well-received at Democratic Party events.

"More than I could ever dream for. I've been overwhelmed by the kindness," Crist said during a state Democratic Party conference last month.

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FOXNews.com: Ellison Barber: Surging Medicaid enrollments threaten to derail ObamaCare

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Ellison Barber: Surging Medicaid enrollments threaten to derail ObamaCare
Nov 2nd 2013, 01:49

Published November 01, 2013

FoxNews.com

Washington Free Beacon writer Ellison Barber told Megyn Kelly on Friday that surging Medicaid enrollments, rather than sign-ups for private insurance, threaten to derail ObamaCare.

"Clearly, if they're not enrolling in the exchanges … that undercuts the entire picture that (the administration) presented: that enrollment was being successful at the state program, because (people) were enrolling in an entirely different program," she said on "The Kelly File."

That's a major problem, Barber explained, because the system is unsustainable if only sick people are collecting insurance subsidies and Medicaid.

"If you don't have healthy people paying into the exchanges, then the entire system will collapse," she said.

And unlike the federal government, which can run a budget deficit, nearly all states have balanced budget provisions – which severely curtails their spending flexibility when it comes to accommodating all the new Medicaid recipients.

"(The states) cannot expand spending, even if they want to," she said. "To have to care for all these people on Medicaid now, when they haven't planned for it in their budget, they're either going to have to raise taxes, raise income payroll taxes, or cut things from other spending, like roads, schools and things like that."

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FOXNews.com: Ex-GOP Fla. Gov. Crist to run for job as Democrat

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Ex-GOP Fla. Gov. Crist to run for job as Democrat
Nov 1st 2013, 21:43

Published November 01, 2013

Associated Press

FILE - In this Saturday, Sept. 8, 2012 file photo, President Obama, left, talks with former Florida Gov. Charlie Crist at a campaign rally in Seminole, Fla.

Former Florida Republican governor turned Democrat Charlie Crist has filed paperwork to run for his old job with his new party.

The state Division of Elections posted the filing on its website Friday. Crist couldn't be immediately reached for comment, but has an announcement scheduled for Monday morning in St. Petersburg.

Crist has been building up to an announcement for months, talking to Democratic groups and campaigning with Democratic candidates. That includes President Obama last year.

He has already set up a website, and his speeches recently have criticized Republican Gov. Rick Scott.

Scott's political committee has already bought anti-Crist ads to begin airing the day of the announcement and the race is expected to be one of the most expensive, brutal governor's races in the county next year.

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