The three Democrats on the Federal Election Commission, in their latest and boldest move to regulate conservative media, voted in unison to punish a movie maker critical of President Obama after he distributed for free his latest work, Dreams of My Real Father: A Story of Reds and Deception.

Filmmaker Joel Gilbert, owner of Highway 61 films, has produced several independent politically-themed movies and sent Dreams out to millions of voters in key swing states prior to the 2012 election.

While he acted on his own, and with no ties to political groups or parties, an FEC complaint was filed claiming he violated reporting rules, prompting him to seek the standard media “exemption.”

But despite giving the same exemption to liberal movie makers like Michael Moore and Daily Kos, the Democrats recently voted against Gilbert in a February action, reviving their bid to punish conservative media, a campaign initially targeting online news outlets like the Drudge Report.

Lucky for Gilbert, the three Republicans on the FEC also united to vote to give him the exemption. The tie vote blocked any action, and was followed by a unanimous 6-0 vote to close the file. Had he lost, Gilbert would have been required to report who helped fund the anti-Obama movie.

The latest Democratic move on conservatives comes as some Democrats in Congress, and liberal publications, are pushing to end the even split between Democrats and Republicans on the FEC, a move conservatives have warned would lead to punishing new rules on right-leaning media and candidates.

By Paul Bedard

Chelsea Clinton, in an implicit swipe at the impact of President Obama’s health care law, recently told voters that many Americans still are facing “crushing costs” from health insurance even under the Affordable Care Act.

The comments were captured in a video posted this week. In her remarks, Clinton said her mother — presidential candidate Hillary Clinton — could use executive action to curb those costs.

“We can either do that directly or through tax credits. And, kind of figuring out whether she could do that through executive action, or she would need to do that through tax credits working with Congress. She thinks either of those will help solve the challenge of kind of the crushing costs that still exist for too many people who even are part of the Affordable Care Act,” she said in the video, initially flagged by The Weekly Standard.

The video appears to be from a Hillary Clinton town hall event this past Tuesday at the Advanced Technology Center at Bates Technical College in Tacoma, Wash.

It’s just the latest controversial comment from a member of the Clinton family; former President Bill Clinton lamented the “awful legacy of the last eight years” earlier this week while stumping for his wife, though a spokesman later said he was referring to Republicans during the Obama administration.

On health care, Hillary Clinton herself has staunchly defended the Affordable Care Act, while saying she would take any steps necessary to fix problems in the system.

In a January debate, she said, “As president, I’ll defend the Affordable Care Act, build on its successes, and go even further to reduce costs. My plan will crack down on drug companies charging excessive prices, slow the growth of out-of-pocket costs, and provide a new credit to those facing high health expenses.”

In December, Hillary Clinton was asked by a questioner at a town hall event why companies are favoring part-time employment over full-time employment. Clinton responded by saying, “the Affordable Care Act. You know, we got to change that because we have built in some unfortunate incentives that discourage full-time employment.”

A report from Freedom Partners released earlier this month states that the cost of health care premiums have outgrown both wages and normal inflation, resulting in an average rise of 28 percent from 2009 to 2014.

“With health care costs still rising faster than inflation six years after passage of the Affordable Care Act, it is clear that the law is not helping lower the burden of health care expenses for American families,” the report states.

FoxNews.com’s Danny Jativa contributed to this report.

Mitt Romney Goes Harry Reid On Donald Trump

Back during the 2012 election the Nation’s Backup Rain Man (Joe Biden, of course, is the primary Rain Man), One-Eyed Harry Reid claimed that Mitt Romney was a tax cheat.

“His poor father must be so embarrassed about his son,” Reid said, in reference to George Romney’s standard-setting decision to turn over 12 years of tax returns when he ran for president in the late 1960s.

Saying he had “no problem with somebody being really, really wealthy,” Reid sat up in his chair a bit before stirring the pot further. A month or so ago, he said, a person who had invested with Bain Capital called his office.

“Harry, he didn’t pay any taxes for 10 years,” Reid recounted the person as saying.

“He didn’t pay taxes for 10 years! Now, do I know that that’s true? Well, I’m not certain,” said Reid. “But obviously he can’t release those tax returns. How would it look?

“You guys have said his wealth is $250 million,” Reid went on. “Not a chance in the world. It’s a lot more than that. I mean, you do pretty well if you don’t pay taxes for 10 years when you’re making millions and millions of dollars.”

Now Mitt Romney is doing basically the same thing to Donald Trump.Donald Trump’s tax returns may contain a “bombshell,” according to 2012 Republican presidential nominee Mitt Romney.Phoning into Fox News on Wednesday, Romney called for the top three Republican presidential candidates to release their tax documents — especially Trump.Romney accused Trump of “dodging and weaving” on the issue, noting that he had been vague about when he would make the records public.“We’re gonna select our nominee. We really ought to see from all three of these fellas what their taxes look like to see if there’s an issue there,” Romney said. “I think in Donald Trump’s case, it’s likely to be a bombshell.”

I have no doubt there will be revelations in Trump’s tax returns, there always are:In previous returns, when Mr. Clinton was the Governor of Arkansas and his wife was a partner in a Little Rock law firm, the Clintons had gone so far as to deduct $2 for underwear donated to charities. The deduction was ridiculed by comedians and pundits, and the White House did not itemize the Clintons’ $17,000 in charitable contributions on the 1993 return.

A $66 deduction for the personal property tax paid on the Clintons’ 1986 Oldsmobile prompted penetrating questions, like where was the car kept (somewhere in Arkansas) and who was driving it (the senior aides said they did not know).

Let’s clear away the underbrush. Donald Trump is a high income person who lives in New York State and New York City. His taxes are under a microscope. Whatever “bombshell” lurks in Trump’s tax returns it is not tax fraud. He is just too big of a target. Is he under a tax lien or similar instrument? Possible, but it is unlikely this would have escaped the notice of the NYC business press.

What might be in the returns that would approach “bombshell”? Trump is probably a lot less wealthy than he brags. Not to say that he isn’t extremely wealthy but there is no doubt he is lying about his net worth. Who cares? I don’t. Trump may even be underwater in his leveraging. Again, a lot of rich guys end up in that position and it really isn’t a problem until banks start to call the loans. You’re probably going to see that Trump’s charitable contributions make Clinton’s $2 underwear deduction look profligate. Surprised? Not me. Rich guys get and stay rich by spending other people’s money, not by spending their own. Does he have investments in unsavory places and with unsavory people? Probably, but I don’t see how this goes into “bombshell” country, especially given who his likely opponent will be if he wins the nomination. Moreover, I can’t see Romney having any specific knowledge that would have escaped the notice of the business or celebrity gossip press.

Rush claims that Romney may be trying to stop several major GOP figures from endorsing Trump by tossing this stink bomb. Plausible? Sure, if you believe anyone actually listens to Mitt Romney.

Quite honestly, Romney’s move is the worse sort of douchebaggery. It diminishes Romney by launching a bullsh** attack. It doesn’t hurt Trump. It makes Trump look picked on by the establishment encouraging them to go deeper into the bunker. It disguises the fact that the emerging establishment consensus candidate is Donald Trump.

By: streiff (Diary)  |

Months before the 1992 presidential election, Joe Biden urged fellow U.S. senators to shut down the nomination process and block President George H.W. Bush’s judicial picks from a confirmation vote.

Months before the 1992 presidential election, Joe Biden urged fellow U.S. senators to shut down the nomination process and block President George H.W. Bush’s judicial picks from a confirmation vote.

Today, Senate Judiciary Chairman Chuck Grassley, R-Iowa, called on the Senate to follow what he dubbed “the Biden Rules.”

The lawmakers should leave Antonin Scalia’s seat on the Supreme Court empty until a new president nominates a successor, Grassley said.

“It’s the principle, not the person,” Grassley argued, quoting at length from remarks made 24 years ago by Biden when the vice president was a senator from Delaware.

Grassley said the Judiciary Committee should listen to Biden’s reminder “of the Senate’s constitutional authority to provide, or withhold, consent, as the circumstances require.”

In a floor speech June 25, 1992, Sen. Joe Biden, then chairman of the Judiciary Committee, argued that senators “should seriously consider not scheduling confirmation hearings on [any Bush] nomination until after the political campaign season is over.”

It wouldn’t be prudent, Biden said, for Bush to nominate someone to the Supreme Court during what he predicted would be “one of the bitterest, dirtiest presidential campaigns we have seen in modern times.”

Arkansas Gov. Bill Clinton, a Democrat, would go on to  defeat Bush, a Republican, in the November general election. And during all of that election year, according to records of roll call votes, the Senate confirmed only one circuit court judge.

Biden told his colleagues in 1992:

It is my view that if a Supreme Court justice resigns tomorrow, or within the next several weeks, or resigns at the end of the summer, President Bush should consider following the practice of a majority of his predecessors and not—and not—name a nominee until after the November election is completed.

For Bush to make a Supreme Court nomination during an election year would turn a nominee into a political football and do harm to the court, Biden argued:

Once the political season is under way, and it is, action on a Supreme Court nomination must be put off until after the election campaign is over. That is what is fair to the nominee and is central to the process.

Later in 1992, The New York Times reported that Democrats were trying to preserve judicial vacancies for Clinton to fill if he were elected president.

Grassley argued today that the Judiciary Committee should heed Biden’s reminder “of the Senate’s constitutional authority to provide, or withhold, consent, as the circumstances require.”

According to what Grassley called “the Biden Rules,” the Supreme Court can function smoothly without a full bench.

And rather than get into a nomination fight during an election year, the Senate ought to wait for the next president to fill the seat vacated when Scalia died Feb. 13.

Democrats argue that with more than 10 months remaining in office, President Obama has a right and a duty to name a successor to Scalia.

Grassley said Biden “was and remains a friend.”

In a closing shot, Grassley said if Obama makes a nomination, as is expected, Biden, “the man who sat at a desk across the aisle and at the back of the chamber for more than 35 years, knows what the Senate should do.”

By Philip Wegmann

Why have liberals become so intolerant? They think nothing of denying someone as prominent as former Secretary of State Condoleezza Rice from speaking on a college campus. They embrace activists who shut down speakers. They publicly shame people for the slightest deviation from liberal orthodoxy.

For them everything from science to the law is “settled” once they get into power. Progress is a one-way street. Their mindset is the very definition of closed-mindedness.

The easy answer would be “they are all bad people.” But frankly that’s a cop-out. Not all liberals are bad people, any more than all conservatives are angels. No doubt among the fevered minions of liberal activists there are people with, shall we say, psychological issues, but that doesn’t explain why so many otherwise reasonable people are so beholden to liberalism as an ideology.

The short answer is that it pays. A lot of people in and out of government benefit. Liberalism also makes people feel good. Whether you are politician dispensing government benefits or the citizen receiving them, liberalism hides the self-interest and sometimes even greed that motivate people.

But the devolution of liberalism into something now openly illiberal has causes far more complex than these familiar explanations provide.

For one thing, liberalism is no longer mainly about ideas. It is about power—as in who has it and who doesn’t. Believing they already know the answers to all questions, liberals view politics and governing as mopping up operations.

Academic research is about proving a point rather than discovering the truth. Science is treated as the private preserve of a certain ideology, not to mention a political weapon to justify preferred policy outcomes. Mistaking as they do their ideology for morality, they see no reason to shun the most cynical of political tactics to get their way. For them, the end justifies the means.

Second, liberalism today is not the liberalism of yesteryear. It’s not Franklin Roosevelt’s or John Kennedy’s liberalism. It’s not even the liberalism of Bill Clinton. It has become something much more radical. Bill Clinton talked about the “era of big government” being over.

Today, there is virtually no government program that liberals won’t embrace. Clinton had his Sister Souljah moment when he repudiated extremism in his party. Today liberals can’t get close enough to the “black lives matter” movement.

Third, liberals have surrendered to (some would say created) the nasty culture of intolerance that infuses our popular culture. To this extent, they are not at all different from some self-proclaimed right-wing people who do the same. But the difference is—or at least is supposed to be—that liberals profess to be the party of the open mind. They have become anything but.

Now that they control so many of our institutions—our universities, high-tech corporate board rooms, the entertainment industry, and increasingly even mainstream churches—they are closing the door behind them, making sure that no one, especially conservatives, will sneak in the back door.

Finally, liberalism has become hostile to open inquiry. Liberal intellectuals used to love open-ended debates because they thought they could win people over with their intelligence and wit. No more. Today’s liberal intellectuals are much more interested in stifling debates than having them. After all, who needs debates when all the big questions have been answered by their ideology? Liberals are no longer the scruffy radicals of Washington Square, but a tenured Mandarin class hotly competing for government research grants.

As I argue in my forthcoming book, “The Closing of the Liberal Mind,” to this Mandarin class:

Knowledge, like human progress, must be created and managed by state policy, bureaucratized and forced on all people equally despite the infinite differences that exist between individual human beings. It is a sad state of affairs, especially for intellectuals who are expected to know better.

There’s an old saying, he who controls knowledge controls power. Liberals get this adage instinctively. They treat truth not as wisdom—as something to be discovered—but as a will to power to be imposed by law and governmental fiat.

In this quest for power, they have become masters at controlling not only knowledge, but popular culture. For example, when Americans watch entertainers like Jon Stewart, they don’t see an ideologue channeling liberal clichés. They see just a really funny guy. The ideology is completely buried. Young people respond in lockstep not because they were indoctrinated by some boring Maoist, but because they think the whole thing is great fun.

What we have here is nothing less than a new and highly attractive form of illiberalism—an illiberal liberalism, if you will. Intolerance is championed in the name of tolerance, closed-mindedness in the name of open-mindedness, and hatred in the name of compassion. It’s classic double-think, and the deception is precisely the danger. Americans don’t expect liberals to be authoritarian wolves in sheep’s clothing. They are not prepared to be on guard all the time because liberals are supposed to be the good guys—the guardians of freedom of speech and the like.

Alas, they are not. Just ask Condi Rice or anyone else who has been denied the opportunity to speak on an American campus.

By Kim Holmes

Throughout the Bush years, liberals repeated “Bush lied, people died” like a mantra. That slander wasn’t true then and it’s not anymore true now that it has resurfaced. There are many legitimate criticisms of the way the Bush Administration conducted the war in Iraq and even more of the way Obama threw away all the blood and treasure we spent there for the sake of politics, but you have to be malicious or just an imbecile at this point to accuse Bush of lying about WMDs.

To begin with, numerous foreign intelligence agencies also believed that Saddam Hussein had an active WMD program. The “intelligence agencies of Germany, Israel, Russia, Britain, China and France“ all believed Saddam had WMDs. CIA Director George Tenet also rather famously said that it was a “slam dunk” that there were weapons of mass destruction in Iraq.

Incidentally, it’s hard to fault the CIA for their conclusions when even, “In private conversations that were intercepted by U.S. intelligence, Iraqi officials spoke as if Saddam continued to possess WMD. Even Iraqi generals believed he did. In the fall of 2002, the Iraqi military conducted exercises in chemical protective gear – but not because they thought the U.S.-led coalition was going to use chemical weapons.”

Additionally, many prominent Democrats who had access to the same intelligence that George Bush did came to the same conclusion and said so publicly. If George W. Bush lied, then by default you have to also believe that Bill Clinton, Hillary Clinton, Al Gore, John Kerry, John Edwards, Robert Byrd, Tom Daschle, Nancy Pelosi and Bernie Sanders also lied. Some of them, like Hillary Clinton, even alleged that Saddam was working on nuclear weapons.

“In the four years since the inspectors left, intelligence reports show that Saddam Hussein has worked to rebuild his chemical and biological weapons stock, his missile delivery capability, and his nuclear program. He has also given aid, comfort, and sanctuary to terrorists, including Al Qaeda members, though there is apparently no evidence of his involvement in the terrible events of September 11, 2001. It is clear, however, that if left unchecked, Saddam Hussein will continue to increase his capacity to wage biological and chemical warfare, and will keep trying to develop nuclear weapons. Should he succeed in that endeavor, he could alter the political and security landscape of the Middle East, which as we know all too well affects American security.” — Hillary Clinton, October 10, 2002

Even Bernie Sanders, who opposed the war from the beginning, publicly said he believed that Iraq had weapons of mass destruction.

Mr. Speaker, the front page of The Washington Post today reported that all relevant U.S. intelligence agencies now say, despite what we have heard from the White House, that “Saddam Hussein is unlikely to initiate a chemical or biological attack against the United States.” Even more importantly, our intelligence agencies say that should Saddam conclude that a U.S.-led attack could no longer be deterred, he might at that point launch a chemical or biological counterattack. In other words, there is more danger of an attack on the United States if we launch a precipitous invasion.

You can’t blame Bernie and Hillary too much for thinking Iraq had WMDs because privately, even former weapons UN inspectors were saying the same thing.

Additional confirmation of this latter point comes from Kenneth Pollack, who served in the National Security Council under Clinton. “In the late spring of 2002,” Pollack has written,

I participated in a Washington meeting about Iraqi WMD. Those present included nearly twenty former inspectors from the United Nations Special Commission (UNSCOM), the force established in 1991 to oversee the elimination of WMD in Iraq. One of the senior people put a question to the group: did anyone in the room doubt that Iraq was currently operating a secret centrifuge plant? No one did.

Furthermore, as even the New York Times has been forced to admit, large numbers of pre-Gulf War WMDs have actually been found in Iraq.

From 2004 to 2011, American and American-trained Iraqi troops repeatedly encountered, and on at least six occasions were wounded by, chemical weapons remaining from years earlier in Saddam Hussein’s rule.

In all, American troops secretly reported finding roughly 5,000 chemical warheads, shells or aviation bombs, according to interviews with dozens of participants, Iraqi and American officials, and heavily redacted intelligence documents obtained under the Freedom of Information Act.

One of the reasons Saddam Hussein went to such great lengths to hide what he was doing was because he did have thousands of old WMDS stockpiled.  However, that wasn’t all there was to it. Even though the ultimate conclusion of the Iraqi Survey Group was that Saddam didn’t have an active WMD program, his hands were far from clean on the WMD front.

As David Kay noted in his report back in 2003,

…When Saddam had asked a senior military official in either 2001 or 2002 how long it would take to produce new chemical agent and weapons, he told ISG that after he consulted with CW experts in OMI he responded it would take six months for mustard.

Another senior Iraqi chemical weapons expert in responding to a request in mid-2002 from Uday Husayn for CW for the Fedayeen Saddam estimated that it would take two months to produce mustard and two years for Sarin.”

— “…(O)ne scientist confirmed that the production line…..could be switched to produce anthrax in one week if the seed stock were available.”

…With regard to Iraq’s nuclear program, the testimony we have obtained from Iraqi scientists and senior government officials should clear up any doubts about whether Saddam still wanted to obtain nuclear weapons.

They have told ISG that Saddam… remained firmly committed to acquiring nuclear weapons. These officials assert that Saddam would have resumed nuclear weapons development at some future point. Some indicated a resumption after Iraq was free of sanctions.”

“1. Saddam, at least as judged by those scientists and other insiders who worked in his military-industrial programs, had not given up his aspirations and intentions to continue to acquire weapons of mass destruction. Even those senior officials we have interviewed who claim no direct knowledge of any on-going prohibited activities readily acknowledge that Saddam intended to resume these programs whenever the external restrictions were removed. Several of these officials acknowledge receiving inquiries since 2000 from Saddam or his sons about how long it would take to either restart CW production or make available chemical weapons.”

The Duelfer report also noted that Saddam had every intention of making more WMDs.

“(S)ources indicate that M16 was planning to produce several CW agents including sulfur mustard, nitrogen mustard, and Sarin.”

In other words, it is true that no stockpiles of new WMDS were found and the people in the best position to know didn’t conclude the weapons were moved to Syria. However, had Saddam Hussein not been taken out, he would have still had stockpiles of old WMDs available and he had every intention of making more.

Given all of that, it’s no surprise that everyone from the head of the CIA to Bernie Sanders to the British thought that Saddam had WMDs; yet George W. Bush is the one who is accused of deliberately sending American soldiers to their deaths over a lie.

No honest person can read all of this and STILL repeat the disgusting smear that George W. Bush lied about WMDs to get us into war in Iraq.

By John Hawkins

Two federal agencies put out misinformation and inconsistent explanations of the government’s role in the Gold King Mine blowout and water contamination in Colorado last summer, a congressional report says.

The report specifically faults the Environmental Protection Agency and Department of the Interior for their actions related to the Aug. 5 incident, in which 3 million gallons of water laced with mercury, arsenic, and other toxic metals spilled into a creek and rivers near Silverton, Colo., after EPA workers excavated a tunnel entrance to the mine.

“This report peels back one more layer in what many increasingly view as a pattern of deception on the part of the EPA and [Department of Interior],” Rep. Rob Bishop, R-Utah, chairman of the Natural Resources Committee, said in a formal statement.

The report, released Thursday by the House committee, evaluates the two agencies’ explanations of the incident, which contaminated Cement Creek and the San Juan and Animas rivers.

“After almost six months, we are still trying to get to the bottom of the catastrophic spill and find out who to hold accountable,” Rep. Louie Gohmert, R-Texas, chairman of the Natural Resources Committee’s oversight and investigations subcommittee, said in the same statement.

According to the 74-page report, concerns about the Gold King Mine date to before 2009, when mine water began destabilizing waste rock dump, reducing water quality in Cement Creek and the Animas River.

The EPA reportedly monitored the mine for years, until September 2014, when it sent workers to investigate drainage problems. After a two-hour excavation, the agency postponed the project for lack of time and resources.

The House report notes that EPA workers incorrectly concluded that the floor of the adit, or tunnel entrance, was six feet below the surface of the accumulated waste rock. The EPA failed to confirm the conclusions, leading the agency to believe “the adit was not pressurized,” the report says.

Despite statements from Hays Griswold, an on-scene coordinator for the EPA, that he knew at least “some pressure” was in the mine, the agency didn’t test for pressure.

Testing “could have revealed that the mine was pressurized and prevented the blowout,” the report says.

Excavations began again last Aug. 4 and continued the next day, when the mine erupted.

The report concludes that explanations offered by the EPA and Interior “offer shifting accounts of the events leading up to the spill and contain numerous errors, omissions, and inconsistencies, some of which are not attributable to error or incompetence alone.”

“EPA must be held responsible for its actions, and this report is an important piece of that accountability,” Katie Tubb, a research associate for the Thomas A. Roe Institute for Economic Policy Studies at The Heritage Foundation, told The Daily Signal. Tubb added:

Good environmental policy is primarily an issue of who is best equipped to manage the environment well. As the committee’s report illustrates, the EPA and [Department of Interior] are massive black boxes—accountability is difficult. States and local communities simply can do a better job of reflecting the environmental interests of the people impacted most and can better be held responsible by their constituents.

Bill Gardner, town administrator of Silverton, Colo., told The Daily Signal that a “collection of shortfalls” probably caused the incident.

However, Gardner said, “what is clearly unproductive is to keep talking about whose fault the Gold King Mine blowout was.”

EPA spokeswoman Nancy Grantham told The Daily Signal on Friday that she is “reviewing the report.”

By Kristiana Mork

What a shock.

Now that he’s at the White House—and facing GOP opposition to appointing a new Supreme Court justice in the mere months before a new president is elected—President Barack Obama seems to have changed his tune a decade after serving as a U.S. senator.

As we detail in the above video, Obama used to think it was appropriate for senators (including himself) to block judicial nominees. In fact, he filibustered Justice Samuel Alito’s confirmation to the Supreme Court along with circuit court nominees Janice Rogers Brown, William Pryor, and Leslie Southwick.

But White House press secretary Josh Earnest said Wednesday that Obama sees things a little differently now. Speaking about filibustering Alito’s nomination, Earnest said, per The Hill, “That is an approach the president regrets.”

It took only 3,670 days for Obama to reach this conclusion. No doubt that doesn’t have anything to do with the fact that he’s now in the White House and the GOP controls the U.S. Senate.

Watch the video above to see then-Sen. Obama’s own words on judicial nominees. And then check out the one below of Sen. Chuck Schumer, D-N.Y., another liberal politician who was singing a different tune when George W. Bush was president.

By Katrina Trinko

Supreme Court Justice Antonin Scalia, the judicial standard-bearer of the conservative movement and the court’s most provocative member, died Saturday. He was 79.

‎His death means President Obama could have an unprecedented chance to try to shift the balance of the court during his final year in office — setting up a Senate battle in the heat of an election year.

Obama said he planned “to fulfill my constitutional responsibility to nominate a successor in due time.”

The U.S. Marshals Service in Washington confirmed Scalia’s death at a private residence in the Big Bend area of south Texas.

The service’s spokeswoman, Donna Sellers, says Scalia had retired for the evening and was found dead Saturday morning when he did not appear for breakfast.

“He was an extraordinary individual and jurist, admired and treasured by his colleagues,” Chief Justice John Roberts said on behalf of the high court and retired justices. “We extend our deepest condolences to his wife, Maureen, and his family.”

Scalia used his keen intellect and missionary zeal in an unyielding attempt to move the court farther to the right and to get it to embrace his “originalist” view of judging after his 1986 appointment by President Ronald Reagan.

His 2008 opinion for the court in favor of gun rights was his crowning moment in more than 30 years on the bench.

“President (Obama) and first lady extend their deepest condolences to Justice Scalia’s family,” principal deputy press secretary Eric Schultz said in a statement.

Scalia was a strong advocate for privacy in favoring restrictions on police searches and protections for defendants’ rights.

But he also voted consistently to let states outlaw abortions, to allow a closer relationship between government and religion, to permit executions and to limit lawsuits.

Scalia advocated tirelessly in favor of originalism, the method of constitutional interpretation that looks to the meaning of words and concepts as they were understood by the Founding Fathers.

Democrats and Republicans on Capitol Hill honored Scalia and his contributions to America.

“Justice Scalia did more to advance originalism and judicial restraint than anyone in our time, and it all started with just two words: ‘I dissent,’ ” said House Speaker Paul Ryan, R-Wis. “I knew him. I respected him. I looked up to him. We all did.”

New York Sen. Chuck Schumer, the next likely Democratic Senate leader, tweeted: “While we disagreed on many issues, Justice Scalia was a brilliant man & a great son of Queens w/ a genuine joy for life.”

GOP presidential candidates, hours before their debate in South Carolina, also remembered Scalia.

“We have lost a great man and a great Supreme Court Justice,” said retired neurosurgeon Ben Carson, a strong conservative. “For the past three decades, his towering intellect and trenchant wit has characterized the deliberations and decisions of the high court.”

Scalia’s impact on the court was muted by his seeming disregard for moderating his views to help build consensus.

His impact on the court was muted by his seeming disregard or moderating his views to help build consensus, though he was held in deep affection by his ideological opposites Ruth Bader Ginsburg and Elena Kagan.

Scalia and Ginsburg shared a love of opera. He persuaded Kagan to join him on hunting trips.

His 2008 opinion for the court in favor of gun rights drew heavily on the history of the Second Amendment and was his crowning moment on the bench.

He could be a strong supporter of privacy in cases involving police searches and defendants’ rights.

Indeed, Scalia often said he should be the “poster child” for the criminal defense bar.

But he also voted consistently to let states outlaw abortions, to allow a closer relationship between government and religion, to permit executions and to limit lawsuits.

He was in the court’s majority in the 2000 Bush v. Gore decision, which effectively decided the presidential election for Republican George W. Bush.

“Get over it,” Scalia would famously say at speaking engagements in the ensuing years whenever the topic arose.

Bush later named one of Scalia’s sons, Eugene, to an administration job, but the Senate refused to confirm him.

Eugene Scalia served as the Labor Department solicitor temporarily in a recess appointment.

A smoker of cigarettes and pipes, Scalia enjoyed baseball, poker, hunting and the piano.

He was an enthusiastic singer at court Christmas parties and other musical gatherings, and once appeared on stage with Ginsburg as a Washington Opera extra.

Ginsburg once said that Scalia was “an absolutely charming man, and he can make even the most sober judge laugh.” She said that she urged her friend to tone down his dissenting opinions “because he’ll be more effective if he is not so polemical. I’m not always successful.”

FoxNews.com/The Associated Press contributed to this report.

Hillary Clinton and Bernie Sanders clashed sharply Thursday over who is more progressive, at a debate that saw the former secretary of state ratcheting up her criticism of the Vermont senator on several fronts – even accusing him of engineering an “artful smear” with suggestions she could be “bought” by donors.

The debate, the first since the Iowa caucuses and last before next week’s critical New Hampshire primary, was by far the most confrontational of the Democratic primary race.

Clinton, coming off a narrow Iowa win and trying to shrink Sanders’ huge lead in Granite State polls, stayed on offense for most of the night. She slammed Sanders’ campaign promises as too costly, while standing firm in claiming she’s a true “progressive” despite Sanders’ comments to the contrary.

Sanders, meanwhile, dug in as he questioned whether Clinton really “walks the walk” of the progressive cause – and described her as the candidate of the “establishment.”

“Secretary Clinton does represent the establishment. I represent, I hope, ordinary Americans,” he said, stressing that he, unlike Clinton, doesn’t enjoy super PAC backing and is funded in large part by small-dollar donations.

The verbal jabs flew quickly, and Clinton left few allegations unchallenged, visibly fed up with a campaign trail narrative that has painted her as the candidate of Wall Street. She rebutted Sanders’ “establishment” charge by questioning whether someone running to be the first female president can carry that label.

The most heated moment at the MSNBC-hosted debate in Durham, N.H., came when Clinton told Sanders she rejects the suggestion that anyone who takes donations or speaking fees from interest groups can be bought.

“Enough is enough,” Clinton said, telling Sanders the “attacks by insinuation” are not “worthy” of him. Clinton said if Sanders has something to allege, “say it directly,” but: “You will not find that I ever changed a view or a vote because of any donation that I ever received.”

She closed: “I think it’s time to end the very artful smear that you and your campaign have been carrying out in recent weeks.”

That line earned a groan from Sanders and some boos from the audience.

Sanders went on to link Wall Street deregulation with billions spent on lobbying and campaign contributions.

“Some people think, yeah, that had some influence,” he said.

Clinton, meanwhile, described herself as a “progressive who gets things done,” and ripped Sanders for suggesting Clinton cannot be a “moderate” and a “progressive” at the same time. She teased Sanders as being the “self-proclaimed gatekeeper for progressivism” and said she doesn’t know anyone who fits his definition.

The fireworks underscored the tight state of the race going into New Hampshire’s contest next Tuesday. Clinton arrived on the debate stage clearly ready to rebut Sanders’ proposals and accusations – notably his oft-repeated criticism that she, as senator, erred by voting to authorize the use of force in Iraq.

“A vote in 2002 is not a plan to defeat ISIS,” she countered.

Yet as Clinton stressed her secretary of state experience and Sanders said that factor is “not arguable,” the Vermont senator noted experience is not the only point.

“Judgment is,” he said, again pointing to the 2002 Iraq vote. “One of us voted the right way, and one of us didn’t.”

As she has at prior debates, Clinton also challenged the senator’s proposals for free college and universal health care. “The numbers just don’t add up,” Clinton said.

She questioned how the country could, for instance, pay for free tuition at public colleges, as Sanders wants, and accused him of wanting to effectively scrap ObamaCare – a charge he denied.

Sanders defended his plans, particularly for universal health care.

“I do believe we should have health care for all,” he said.

The former secretary of state met the Vermont senator on stage in Durham, N.H., after eking out a narrow victory in Monday’s caucuses. While her campaign celebrated the win, Sanders’ strong showing in the state nevertheless has helped boost his fundraising – and he heads into New Hampshire with a steady double-digit lead in the polls.

There remains an ongoing dispute, however, over the Iowa results. The Des Moines Register editorial board earlier Thursday called for an audit of the Democratic caucus results, citing problems and confusion at polling sites.

Asked at Thursday’s debate about the editorial, Sanders said, “I agree with the Des Moines Register.”

He said after speaking with precinct captains, the campaign believes they may have “at least two more delegates.”

Yet Sanders, who has complained how some local delegates were allocated based on coin tosses, also said they should not “blow this out of proportion. “

“This is not the biggest deal in the world,” Sanders said.

Asked if she’d participate in an audit, Clinton said, “Whatever they decide to do, that’s fine.”

Clinton, separately, said she’s “100 percent confident” nothing will come of the FBI probe into her personal email use as secretary of state.

The Democratic debate on Thursday was the first to feature Clinton and Sanders one-on-one, with former Maryland Gov. Martin O’Malley now out of the race following his distant third showing in Iowa.

The debate was one of four added to the calendar earlier this week, after the Democratic National Committee and the two campaigns agreed to the terms.  The party had come under criticism for its sparse schedule, and was accused of trying to shield Clinton from debates.

The intelligence community has now deemed some of Hillary Clinton’s emails “too damaging” to national security to release under any circumstances, according to a U.S. government official close to the ongoing review. A second source, who was not authorized to speak on the record, backed up the finding.

The decision to withhold the documents in full, and not provide even a partial release with redactions, further undercuts claims by the State Department and the Clinton campaign that none of the intelligence in the emails was classified when it hit Clinton’s personal server.

Fox News is told the emails include intelligence from “special access programs,” or SAP, which is considered beyond “Top Secret.” A Jan. 14 letter, first reported by Fox News, from intelligence community Inspector General Charles McCullough III notified senior intelligence and foreign relations committee leaders that “several dozen emails containing classified information” were determined to be “at the CONFIDENTIAL, SECRET, AND TOP SECRET/SAP levels.”

The State Department is trying to finish its review and public release of thousands of Clinton emails, as the Democratic presidential primary contests get underway in early February.

Under the Freedom of Information Act, or FOIA, there is an exemption that allows for highly sensitive, and in this case classified, material to be withheld in full — which means nothing would be released in these cases, not even heavily redacted versions, which has been standard practice with the 1,340 such emails made public so far by the State Department.

According to the Justice Department FOIA website, exemption “B3” allows a carve-out for both the CIA and NSA to withhold “operational files.” Similar provisions also apply to other agencies.

Fox News reported Friday that at least one Clinton email contained information identified as “HCS-O,” which is the code for intelligence from human spying.

One source, not authorized to speak on the record, suggested the intelligence agencies are operating on the assumption there are more copies of the Clinton emails out there, and even releasing a partial email would provide enough clues to trace back to the original – which could allow the identification of “special access programs” intelligence.

There was no comment to Fox News from the Office of the Director of National Intelligence, the Office of the Intelligence Community Inspector General, or the agency involved. Fox News has chosen not to identify the agency that provided sworn declarations that intelligence beyond Top Secret was found in the Clinton emails.

Reached for comment by Fox News, a State Department official did not dispute that some emails will never be made public.

“We continue to process the next set of former Secretary Clinton’s emails for release under the FOIA process and will have more to say about it later,” the official said. “As always, we take seriously our responsibilities to protect sensitive information.”

The State Department was scheduled to release more Clinton emails Friday, while asking a D.C. federal court for an extension.

FBI investigators looking into the emails are focused on the criminal code pertaining to “gross negligence” in the handling and storage of classified information, and “public corruption.”

“The documents alone in and of themselves set forth a set of compelling, articulable facts that statutes relating to espionage have been violated,” a former senior federal law enforcement officer said. The source said the ongoing investigation along the corruption track “also stems from her tenure of secretary. These charges would be inseparable from the other charges in as much as there is potential for significant overlap and correlation.”

Based on federal regulations, once classified information is spilled onto a personal computer or device, as was the case with Clinton and her aides, the hardware is now considered classified at the highest classification level of the materials received.

While criticized by the Clinton campaign, McCullough, an Obama administration appointee, was relaying the conclusion of two intelligence agencies in his letter to Congress that the information was classified when it hit Clinton’s server — and not his own judgment.

Joseph E. Schmitz, a former inspector general of the Department of Defense, called the attacks on McCullough a “shoot the watchdog” tactic by Clinton’s campaign.

The developments, taken together, show Clinton finding herself once again at the epicenter of a controversy over incomplete records.

During her time as the first female partner at the Rose Law firm in Arkansas during the mid-1980s, she was known as one of the “three amigos” and close with partners Webb Hubbell and Vince Foster. Hubbell ended up a convicted felon for his role in the failure of the corrupt Madison Guaranty, a savings and loan which cost taxpayers more than $65 million. Hubbell embezzled more than a half-million dollars from the firm.

Foster killed himself in Washington, D.C., in July 1993. As Clinton’s partner in the Rose Law firm, he had followed the Clintons into the White House where he served as the Clintons’ personal lawyer and a White House deputy counsel.

Clinton’s missing Rose Law billing records for her work for Guaranty during the mid-1980s were the subject of three intense federal investigations over two years. Those records, in the form of a computerized printout of her work performed on behalf of Guaranty, were discovered under mysterious circumstances in the Book Room of the private White House living quarters.

The discovery of those records was announced during a  blizzard in January 1996 by attorney David Kendall, who still represents Hillary Clinton. After Clinton testified before a grand jury, prosecutors concluded there was insufficient evidence to prove beyond a reasonable doubt she committed perjury or obstruction of justice.

Despite Clinton’s recent public statements about not knowing how the technology works, at least one email suggests she directed a subordinate to work around the rules. In a June 2011 email to aide Jake Sullivan, she instructed him to take what appeared to be classified talking points, and “turn into nonpaper w no identifying heading and send nonsecure.”

A State Department spokesman could not say whether such a fax was sent.

Catherine Herridge is an award-winning Chief Intelligence correspondent for FOX News Channel (FNC) based in Washington, D.C. She covers intelligence, the Justice Department and the Department of Homeland Security. Herridge joined FNC in 1996 as a London-based correspondent.

 

The FBI is ready to indict Hillary Clinton and if its recommendation isn’t followed by the U.S. attorney general, the agency’s investigators plan to blow the whistle and go public with their findings, former U.S. House Majority leader Tom DeLay tells Newsmax TV.

“I have friends that are in the FBI and they tell me they’re ready to indict,” DeLay said Monday on “The Steve Malzberg Show.”

At least one of the emails on Hillary Clinton’s private server contained extremely sensitive information identified by an intelligence agency as “HCS-O,” which is the code used for reporting on human intelligence sources in ongoing operations, according to two sources not authorized to speak on the record.

Both sources are familiar with the intelligence community inspector general’s January 14 letter to Congress, advising the Oversight committees that intelligence beyond Top Secret — known as Special Access Program (SAP) — was identified in the Clinton emails, as well the supporting documents from the affected agencies that owned the information and have final say on classification.

According to a December 2013 policy document released by the Office of the Director of National Intelligence: “The HSC-0 compartment (Operations) is used to protect exceptionally fragile and unique IC (intelligence community) clandestine HUMINT operations and methods that are not intended for dissemination outside of the originating agency.”

It is not publicly known whether the information contained in the Clinton emails also revealed who the human source was, their nationality or affiliation.

Dan Maguire, former Special Operations strategic planner for Africom, told Fox News the disclosure of sensitive material impacts national security and exposes U.S. sources.

“There are people’s lives at stake. Certainly in an intel SAP, if you’re talking about sources and methods, there may be one person in the world that would have access to the type of information contained in that SAP,” he said.

It is not known what the impact was on the source, nor the findings of a damage assessment by the agency that controlled the source.

Separately, Fox News has learned that the so-called “spillage” of classified information is greater than the “several dozen” emails identified in the January 14 letter to Congress, which also acknowledged for the first time, that the Clinton emails contained intelligence beyond Top Secret, also known as Special Access Programs (SAPs).

The source said that the “several dozen” refers to the main or principal email thread identified by reviewers, not the number of times that classified information was forwarded, replied to or copied to people who did not have a “need-to-know” using unsecured communication channels — in this case a personal server.  More than one Special Access Program was affected.

“It’s pretty tough to have SAP program material out in the public domain. I mean, it’s a huge foul if that occurs,” said Maguire, who retired after 46 years of service, and who was involved with Special Access Programs throughout his career.  Maguire says a damage assessment to the program is mandatory and immediate.

“It’s a fairly laborious investigation. Once you know something was out to one person, that person sends it to 15, 15 send it to someone else — so it’s very difficult to ascertain where it all went but that’s all part of the damage control aspect to get all the information back in the box.”

The two declarations provided to the heads of the House and Senate Intelligence committees — as well as the leadership of Senate Foreign Affairs with oversight for the State Department — include the emails containing SAP intelligence, as well as supporting documents from the agency affected, showing how they reached the determination it came from one of its sources, and not from publicly available information.

When the inspector general’s letter was first reported by Fox News, Hillary Clinton spokesman Brian Fallon said, “This is the same interagency dispute that has been playing out for months, and it does not change the fact that these emails were not classified at the time they were sent or received.”

Catherine Herridge is an award-winning Chief Intelligence correspondent for FOX News Channel (FNC) based in Washington, D.C. She covers intelligence, the Justice Department and the Department of Homeland Security. Herridge joined FNC in 1996 as a London-based correspondent.