Got what you are saying here, The difference between Directive and Executive..But, in my mind I feel we still have the question of is this legally binding unanswered. Shouldn't all intell communities be in agreement on this, by way of signatories?
>>6846082 (PB)
>"In the event a disagreement between NSA and
>
>another DoD IC element cannot be resolved, the issue will be refe1red to the Secretary of
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>Defense, and in the event resolution still cannot be reached, the issue will be referred to
>
>the DNI. For all other IC elements, when resolution cannot be reached, the issue will be
>
>referred to the DNI. An official resolving any disagreement will apply the standards of
>
>paragraph C. "
>
>Clapper literally giving himself dispute resolution authority.
This is why I question if this is legally binding, does he have this kind of authority? I don't think this would hold up in any court.
Supreme Court leaves in place doctrine of deference to administrative decisions
The Supreme Court on Wednesday declined to overturn a long-standing legal rule that directs the courts to defer to federal agencies’ reasonable interpretation of their own regulations. But it imposed new restrictions that could pare back the power of administrative agencies.
The high court left intact Auer v. Robbins, a 1997 decision written by the late Justice Antonin Scalia, and Bowles v. Seminole Rock & Sand Co., decided in 1945. Conservatives had urged the court to revisit the rulings amid concerns about the power of the administrative state. "We rule today that this form of deference should continue," said Justice Elena Kagan, who delivered the opinion of the court. "The principle of stare decisis — in English, letting decisions stand — is an important one for stability and evenhandedness in the law. To overrule a case, we need a special justification — and Kisor fails to offer one here." "But even as we uphold it, we reinforce its limits. Auer deference is sometimes appropriate and sometimes not," Kagan wrote. "Whether to apply it depends on a range of considerations that we have noted now and again, but compile and further develop today. The deference doctrine we describe is potent in its place, but cabined in its scope." All nine justices agreed the case should be sent back to the lower court and that court's ruling thrown out. But Chief Justice John Roberts joined the four members of the court's liberal wing in finding the Supreme Court's two prior decisions should be left intact.
Justice Neil Gorsuch called the court’s decision “more a stay of execution than a pardon” and said the Auer doctrine “emerges maimed and enfeebled — in truth, zombified.” “[R]etaining even this debilitated version of Auer threatens to force litigants and lower courts to jump through needless and perplexing new hoops and in the process deny the people the independent judicial decisions they deserve. All to what end?” Gorsuch wrote. “So that we may pretend to abide stare decisis?” Stare decisis is the principle that the court adheres to earlier decisions.
The issue of agency deference came to the high court by way of a case involving James Kisor, a Marine veteran who served in Vietnam and sought disability benefits for post-traumatic stress disorder in 1982. The Department of Veterans Affairs rejected his initial claim for disabilities benefits, but after he sought review of the previously denied claim more than two decades later, the VA granted him relief. The VA, however, declined to award Kisor retroactive benefits. Kisor challenged the VA’s decision but lost in federal court. The U.S. Court of Appeals for the Federal Circuit noted in its ruling “the heart of this appeal” was his “challenge to the VA’s interpretation of the term ‘relevant.’” In applying the Auer deference, the appeals court relied on the agency’s interpretation of its own regulation and ruled against Kisor.
During oral arguments in March, the justices appeared split over whether to defer to federal agencies or allow judges to interpret ambiguous regulations. The court’s conservative wing, which now enjoys a 5-4 majority, seemed more open to tossing out the 22-year-old decision, while the liberal justices were hesitant to do so. The split among the Supreme Court underscored concerns from the liberal wing of the bench that the new conservative majority is eager to overturn long-standing cases, including those involving abortion. Several of the liberal justices this term have written separately to sound the alarm about the willingness of the majority to scrap precedent. During oral arguments in March, Kagan questioned whether Auer rose to the level of being “so grievously wrong that we can’t stand to live with it anymore.”
https://www.washingtonexaminer.com/policy/courts/supreme-court-leaves-alone-doctrine-of-deference-to-administrative-decisions
Yup, looks like a lot of work will need to be done to scrape the mess these people created with the Constitution & Rule of Law. Crazy crap these people did in the name of CYA.
She definitely is, hopefully she won't be there much longer.
Two more deputies fired for neglect of duty during Parkland shooting
More than 16 months after the deadliest high school shooting in the nation’s history, two more sheriff’s deputies have been fired for neglect of duty. Broward County Sheriff’s Office Deputies Edward Eason and Josh Stambaugh were dismissed Wednesday for failing to properly respond to the shooting that killed 17 students and staff and injured 17 more, according to the Miami Herald. The two were dismissed after the agency completed its own internal affairs investigation into officers’ response to the shooting.
The firings come amid a flurry of backlash over how law enforcement handled the massacre. This month, a former school resource officer, Scot Peterson, 56, was arrested for child neglect and culpable negligence for failing to intervene in the shooting despite allegedly hearing gunshots coming from the building. He was roundly criticized and dubbed the “Coward of Broward” by some.
Ron DeSantis, the governor of Florida, issued an executive order in January that suspended then-Broward County Sheriff Scott Israel. Israel was accused of overseeing a department that bungled not just the Parkland shooting, but also the 2017 shooting at Fort Lauderdale Airport. When DeSantis issued the executive order suspending Israel, he said the sheriff was being suspended because of “repeated failures, incompetence, and neglect of duty.”
https://www.washingtonexaminer.com/news/two-more-deputies-fired-for-neglect-of-duty-during-parkland-shooting
New video overlays deputy's movements with animation of shooter's actions and police radio calls. By FDLE
New Video Overlays deputy's movements with animation of shooters actions and police radio calls
Read more here: https://www.miamiherald.com/news/local/community/broward/article231968557.html#storylink=cpy
Can't embed Video here.
Trump and Kim Jong Un are planning a third summit, South Korea confirms
The United States and North Korea are planning a third summit to discuss the future of North Korea’s nuclear program, after months of lull in negotiations. South Korean President Moon Jae-in confirmed that informal talks between President Trump and North Korean dictator Kim Jong Un are ongoing, according to the Wall Street Journal. No date has been set.
Trump signaled openness to a third summit in April, tweeting that his relationship with the North Korean leader remains "very good, perhaps the term excellent would be even more accurate." U.S. negotiators are pushing North Korea to implement a verifiable denuclearization program before the U.S. will relax sanctions. North Korea wants a piecemeal approach by both sides. North Korea has grown increasingly frustrated with the pace of negotiations, test-firing short-range missiles into the Sea of Japan and openly slamming the U.S. in state-run media. "The wild dream of the U.S. to bring us to our knees by means of sanctions and pressure has not changed at all but grows even more undisguised," North Korean state media said on Wednesday.
Trump and Kim last met in February in the Hanoi, Vietnam. That summit ended in embarrassment for both leaders, ending early as the two sides failed to come to an agreement. "Sometimes you have to walk. And this was just one of those times," Trump said at the time. The U.S. State Department did not immediately respond to a request for comment.
https://www.washingtonexaminer.com/news/trump-and-kim-jong-un-are-planning-a-third-summit-south-korea-confirms
'Same level as terrorism': Facebook to give info of hate speech suspects to French courts
France's Secretary of State for the Digital Sector Cédric O announced that Facebook will be giving to French judges the data of those suspected of hate speech. The move by France is a first globally in an attempt to regulate hate speech.
"It is a strong signal in terms of regulation," Sonia Cisse, a counsel at law firm Linklaters, told Reuters. "Hate speech is no longer considered part of freedom of speech, it's now on the same level as terrorism." In May, France's government said that Facebook's ability to regulate itself was unenforceable and lacked credibility. “Social media companies need regulation like banks, they are systemic actors,” O said. “The biggest social media must have internal regulation, controlled by an outside regulator."
French President Emmanuel Macron and Facebook CEO Mark Zuckerberg met several times before the agreement was set by both companies. Macron's party is considering a move to fine tech companies 4% of their worldwide revenue if steps are not take to remove hate speech on their platforms.
https://www.washingtonexaminer.com/news/same-level-as-terrorism-facebook-to-give-info-of-hate-speech-suspects-to-french-courts