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Monthly Archives: July 2017
Free speech and the right to discriminate – Uinta County Herald
Posted: July 26, 2017 at 1:03 am
Wyoming Equality has the right to discriminate. They have a right to treat me differently than they treat others, just because of what I believe. They have the right to refuse me employment, just because of who I am. When they declined to speak and act in support of my views, they were perfectly within their rights.
Likewise, bakeries, florists and printers who think like Wyoming Equality have the right to refuse my request to create pastries, arrangements or prints that contradict the message they want to send. They have the right to call you and me bigots, homophobes and haters. They even have a right to say that we are morally wrong.
Every single day, groups like these exercise their first amendment rights. And it hurts. It hurts me, personally. It shames me publicly as it is intended to and it has created a climate where people who share the same ideas that I do are materially harmed on a regular basis. It hurts, but I still defend their right to discriminate.
Some, like Memories Pizza in Indiana, were forced to close due to threats of arson and bodily harm. Others, like Melissas Sweet Cakes in Oregon, had their equipment vandalized. Still more have lost hundreds of thousands of dollars to the harassment and fines of their own state or city governments.
Businesses like Elane Photography, Arlenes Flowers and Masterpiece Cake Shop have been shuttered. Public servants like Kelvin Cochrane and Ruth Neely have been fired for expressing their beliefs off the job.
Discrimination is happening every day, in plain sight. I wish it would stop. I have personally talked with LGBT lobbyists and asked them to stop. I have publicly written in these pages asking to be included in a serious conversation of how we might work together to stop it. (Lets Work Together to Protect All Wyo. Citizens, Jan. 3)
There are many other civic-minded people as well who sincerely want to join hands to protect all Wyoming citizens from harm to both their person and property. Instead, two Cheyenne city councilmen have been working in secret with Wyoming Equality for months, refusing every request even to see a draft of what they are working on.
It is clearer every day that the real point of the ordinance is not to stop actual discrimination but to insert sexual orientation and gender identity language into city code. Thats the whole thing. Anybody who thinks theres a better way to address discrimination is excluded from the table.
Advocating for this SOGI language, Wyoming Equalitys Sara Burlingame has a favorite talking point which was quoted in the WTE last Thursday: [it is] currently legal to fire, evict or refuse service to someone because of their sexual orientation or gender identity. (Councilmen Again Pushing for Protections for LGBT Residents, July 20, 2017)
Of course, this is true. But its a half truth rather, it is a scintilla of the truth. The whole truth is that it is currently legal to fire, evict or refuse service to someone because of their political party, hair color, height, weight, IQ, schooling, tattoos and a million other relevant and irrelevant factors.
But is anyone saying that we should include all of this in an ordinance? That would be silly. Laws are not given to make everybody virtuous, or to make everybody do whatever I think they ought to do.
Laws are passed when there is actual harm that is happening which needs to be stopped, not simply when there is potential harm few, if any, are actually doing. So where is the actual harm? Who, exactly, has been denied employment or housing based on sexual orientation or gender identity? We have been debating these SOGI laws for years and still havent seen one single case of this kind of discrimination in Wyoming.
Andrew Koppelman, a law professor and progressive activist, has studied discrimination nationwide and found, Hardly any of these cases have occurred: a handful in a country of 300 million. In all of them, the people who objected to the law were asked directly to facilitate same-sex relationships by providing wedding, adoption, or artificial insemination services or rental of bedrooms. There have been no claims of a right to simply refuse to deal with gay people.
Again, there have been no claims of a right to simply refuse service to gay people. None. What people are claiming is the right to decline saying things, by word or deed, that they dont believe to be true. They simply want the same right that Wyoming Equality exercises every day.
For this reason, I find it offensive and disingenuous when people who are defending the First Amendment are smeared as haters who want to deny service to certain people. Those who make these unjust claims know better. They just dont want to talk about the real issue.
There simply is no rising tide of discrimination against people on the basis of gender ideology. But there is, demonstrably, a rising trend to punish people who disagree with gender ideology. So why would Cheyenne want to jump on that bandwagon?
Perhaps Rolling Stone magazine offers a clue. In a June 23 article, Meet the Megadonor Behind the LGBT Rights Movement, Andy Kroll details how the software mogul, Tim Gill, is stealthily using his $500 million fortune to bankroll SOGI legislation across the country.
Most interesting for Wyomingites is that he is not giving his money to national candidates. Instead, he is quietly giving thousands of dollars to elect LGBT-friendly state legislators and to advance local SOGI ordinances.
Perhaps someone should ask Richard Johnson and Scott Roybal if they are writing Cheyennes ordinance alone or if the Gill Foundation is calling the shots. Kroll relates how even the ACLU was forced to sing Gills tune. If it can do that, its not too far-fetched to consider the same possibility in Cheyenne.
But lets get back to Wyoming Equalitys right to discriminate. Do I want to pass a law that strips them of these rights? By no means. I will reason and cajole. I will seek to persuade them both publicly and privately to respect my person and my ideals. But I will never, ever, seek the force of law to hinder their rights to speak and act according to their convictions. I wish they would do the same for me.
Forbidding convictions is not only unAmerican, but its unhuman. No matter how passionately I disagree with someones philosophy, there is one thing that we should always be able to agree on: The freedom to speak and act according to ones convictions comes from a source higher than government. It derives from our common humanity.
Government has no right to take it away. We shouldnt give it the power. The sweetness of a momentary victory comes at a bitter cost to our common dignity.
Right now, people on both sides of the issue are free to say and do things that challenge the other side. We are both free to disagree using reason, logic, morals, beliefs and even feelings. In this respect, the playing field is level.
We can all hope, pray, and work to see that we use our freedoms in charity and in mutual respect. But an ordinance which takes rights away from one side of the debate will not bring about love and respect. It will only slant the playing field.
Jonathan Lange has a heart for our state and community. Locally, he has raised his family and served as pastor of Our Saviour Lutheran Church in Evanston and St. Pauls in Kemmerer for two decades. Statewide, he leads the Wyoming Pastors Network in advocating for the traditional church in the public square.
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Free speech and the right to discriminate - Uinta County Herald
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Demographics of atheism – Wikipedia
Posted: at 1:02 am
Accurate demographics of atheism are difficult to obtain since conceptions of atheism vary across different cultures and languages from being an active concept to being unimportant or not developed.[1][2] In global studies, the number of people without a religion is usually higher than the number of people without a belief in a God[3][4] and the number of people who agree with statements on lacking a belief in God is usually higher than the number of people who self-identify as "atheists".[3][1]
According to sociologist Phil Zuckerman, broad estimates of those who have an absence of belief in a God range from 500 to 750 million people worldwide.[1] Other estimates state that there are 200 million to 240 million self-identified atheists worldwide, with China and Russia being major contributors to those figures.[3] According to sociologists Ariela Keysar and Juhem Navarro-Rivera's review of numerous global studies on atheism, there are 450 to 500 million positive atheists and agnostics worldwide (7% of the world's population), with China having the most atheists in the world (200 million convinced atheists).[5]
Of the global atheist and non-religious population, 76% reside in Asia and the Pacific, while the remainder reside in Europe (12%), North America (5%), Latin America and the Caribbean (4%), sub-Saharan Africa (2%) and the Middle East and North Africa (less than 1%).[6] The prevalence of atheism in Africa and South America typically falls below 10%.[7] According to the Pew Research Center's 2012 global study of 230 countries and territories, 16% of the world's population is not affiliated with a religion, while 84% are affiliated.[8] Furthermore, the global study noted that many of the unaffiliated, which include atheists and agnostics, still have various religious beliefs and practices.[6]
Historical records of atheist philosophy span several millennia. Atheistic schools are found in early Indian thought and have existed from the times of the historical Vedic religion.[9] Western atheism has its roots in pre-Socratic Greek philosophy, but did not emerge as a distinct world-view until the late Enlightenment.[10]
Discrepancies exist among sources as to how atheist and religious demographics are changing. Social scientific assessment of the extent of "atheism" in various populations is problematic because in most of the world outside of Europe and East Asia many populations for the most part are believers in either a monotheistic or polytheistic system. However, questions to assess non-belief often take the form of any negation of the prevailing belief rather than an assertion of positive atheism and these will then be accounted accurately to rising "atheism".[11][12][13] According to the 2012 WIN/Gallup International Survey, the number of atheists is on the rise across the world, with religiosity generally declining.[14] However, other global studies have indicated that global atheism may be in decline due to irreligious countries having the lowest birth rates in the world and religious countries having higher birth rates in general.[1]
The demographics of atheism are substantially difficult to quantify. Words like, "God" or "atheism" seldom translate well across cultures or languages, and if they are there, they have variant meanings which make cross cultural comparisons tenuous.[1][2] As such, it can be hard to draw boundaries between atheism, non-religious beliefs, and non-theistic religious and spiritual beliefs. Furthermore, atheists may not report themselves as such, to prevent suffering from social stigma, discrimination, and persecution in some countries.[15]
Because some governments have strongly promoted atheism and others have strongly condemned it, atheism may be either over-reported or under-reported for different countries. There is a great deal of room for debate as to the accuracy of any method of estimation, as the opportunity for misreporting (intentionally or not) a category of people without an organizational structure is high. Also, many surveys on religious identification ask people to identify themselves as "agnostics" or "atheists", which is potentially confusing, since these terms are interpreted differently, with some identifying themselves as being agnostic atheists. Additionally, many of these surveys only gauge the number of irreligious people, not the number of actual atheists, or group the two together. For example, research indicates that the fastest growing religious status may be "no religion" in the United States, but this includes all kinds of atheists, agnostics, and theists.[16][17] Non-religious people make up 9.66%, while one fifth of them are atheists.[18]
Statistics on atheism are often difficult to represent accurately for a variety of reasons. Atheism is a position compatible with other forms of identity including religions.[19] Anthropologist Jack David Eller, states that "atheism is quite a common position, even within religion" and that "surprisingly, atheism is not the opposite or lack, let alone the enemy, of religion but is the most common form of religion."[19] Furthermore, he observes that "some atheists call themselves "spiritual", and as we have shown above, atheism in its broadest sense does not preclude other religious concepts like nature spirits, dead ancestors, and supernatural forces."[19] In many cultures, little conceptual or practical distinction is made between natural and supernatural phenomena and the very notions of "religious" and "nonreligious" dissolve into unimportance, especially since people have beliefs in other supernatural or spiritual things irrespective of belief in gods.[2]
Globally, some atheists also consider themselves Agnostic, Buddhist, Hindu, Jains, Taoist, or hold other related philosophical beliefs. Some, like Secular Jews and Shintoists, may indulge in some religious activities as a way of connecting with their culture, all the while being atheist. Therefore, given limited poll options, some may use other terms to describe their identity. Some politically motivated organizations that report or gather population statistics may, intentionally or unintentionally, misrepresent atheists. Survey designs may bias results due to the nature of elements such as the wording of questions and the available response options. Statistics are generally collected on the assumption that religion is a categorical variable. Instruments have been designed to measure attitudes toward religion, including one that was used by L. L. Thurstone. This may be a particularly important consideration among people who have neutral attitudes, as it is more likely that prevailing social norms will influence the responses of such people on survey questions that effectively force respondents to categorize themselves either as belonging to a particular religion or belonging to no religion. A negative perception of atheists and pressure from family and peers may also cause some atheists to disassociate themselves from atheism. Misunderstanding of the term may also be a reason some label themselves differently.
For example, a Canadian poll released September 12, 2011 sampled 1,129 Canadian adults and collected data on the numbers of declared atheists.[20] These numbers conflicted with the latest Canadian census data that pre-supposed that a religious affiliation predisposed a belief in a deity and was based on a poorly worded question. A quote from the study:
The data also revealed some interesting facts about Canadians' beliefs:
Even when people directly claim to not believe in God, they still do not self-identify as atheist. For instance, 41% of Norwegians, 48% of the French, and 54% of Czechs claimed to not believe in God, but only 10%, 19%, and 20% of those respondents self-identified as atheist, respectively.[1] In the United States, only 5% of the population did not have a belief in a god and out of that small group only 24% self-identified as "atheist", while 15% self-identified as "agnostic" and 35% self-identified as "nothing in particular".[13]
Though China is an "atheist country", 85% of the population practice various kinds of religious behaviors with some regularity.[22]
In the Netherlands, beliefs of "convinced atheists" are quite diverse: 41.1% of them believe in telepathy, 21.1% believe in reincarnation, 13.3% believe in life after death, and 1.6% believe in heaven. The percentages on telepathy and reincarnation were similar to the percentages of "religious people" in the Netherlands. Furthermore, the author of the study notes, "Thus, despite the fact that they claim to be convinced atheists and the majority deny the existence of a personal god, a rather large minority of the Dutch convinced atheists believe in a supernatural power!"[23]
A 2004 survey by the BBC in 10 countries showed the proportion of the population "who don't believe in God" to be close to 17% in the countries surveyed, however, 8% of the respondents specifically stated that they consider themselves to be "atheists". Diversity was observed in that "across the entire sample, almost 30% of all atheists surveyed said they sometimes prayed."[24]
A study on global religiosity, secularity, and well-being; notes that it is unlikely that most atheists and agnostics base their decision to not believe in the gods on a careful, rational analysis of philosophical and scientific arguments since science testing scores in societies where atheism or theism is widespread, are just as poor and such societies have widespread supernatural beliefs besides gods.[25] Reviewing psychological studies on atheists, Miguel Farias, noted that studies concluding that analytical thinking leads to lower religious belief "do not imply that that atheists are more conscious or reflective of their own beliefs, or that atheism is the outcome of a conscious refutation of previously held religious beliefs" since they too have variant beliefs such as in conspiracy theories of the naturalistic variety.[26] In terms of apostasy, a greater proportion of people who leave religion, do so for motivational rather than rational reasons and the majority of deconversions occur in adolescence and young adulthood when one is emotionally volatile.[26] Furthermore, Farias notes that atheists are indistinguishable from New Age individuals or Gnostics since there are commonalities such as being individualistic, non-conformist, liberal, and valuing hedonism and sensation.[26] According to Phil Zuckerman, the majority of atheists and other secular people who were raised with a religion, leave their religion and beliefs in their late teens or early twenties while a smaller proportion do so at a mature age.[27]
A study on personality and religiosity found that members of secular organizations (like the international Center for Inquiry) have similar personality profiles to members of religious groups. This study found that members of secular organizations are very likely to label themselves primarily as "atheists", but also very likely to consider themselves humanists.[28] It was also found that secular group members show no significant differences in their negative or positive affect. The surveyed individuals also had similar profiles for conscientiousness (discipline or impulse control, and acting on values like "pursuit of truth"). Secular group members tended to be less agreeable (e.g. more likely to hold unpopular, socially challenging views), as well as more open minded (e.g. more likely to consider new ideas) than members of religious groups. Luke Galen, a personality researcher, writes "Many previously reported characteristics associated with religiosity are a function not of belief itself, but of strong convictions and group identification."[28][29]Catherine Caldwell-Harris notes that "non-believers" are interested in social justice concerns and posits that this is due to their lack of belief in an afterlife, leading to a focus on what can be fixed here and now.[30] Another study by Caldwell-Harris describes atheists as being capable of experiencing awe, which she states debunks stereotypes of atheists as "cynical and joyless".[31] A 2014 study created six different personality profiles of 'types' of nonbelievers and compared them to Big Five personality traits.[32]
According to William Bainbridge's international study, atheism is common among people whose interpersonal social obligations are weak and is also connected to lower fertility rates in advanced industrial nations.[33]
In a global study on atheism, sociologist Phil Zuckerman noted that countries with higher levels of atheism also had the highest suicide rates compared to countries with lower levels of atheism. He concludes that correlations does not necessarily indicate causation in either case.[34] A study on depression and suicide suggested that those without a religious affiliation have a higher suicide attempt rates than those with a religious affiliation.[35] A study into mental well-being in religious and non-religious people found that mental well-being for both religious people and non-religious people hinged on the certainty of their belief, and that previous studies had not controlled for the effect of belonging to a group when studying churchgoers.[36]Benjamin Beit-Hallahmi regarded atheists in Western society to be "much more likely to be a man, married, with higher education", and regarded the personality of atheists to be "less authoritarian and suggestible, less dogmatic, less prejudiced, more tolerant of others, law-abiding, compassionate, conscientious, and well educated. They are of high intelligence, and many are committed to the intellectual and scholarly life".[37] A review of the literature found that being non-religious did not necessarily entail poorer mental health.[38]
Though atheists are in the minority in most countries, they are relatively common in Europe, Canada, Australia, New Zealand, East Asia and present communist states. It is difficult to determine actual atheist numbers. Furthermore, the conflation of terms such as atheist, agnostic, non-religious and non-theist add to confusion among poll data.[citation needed]
According to the Encyclopdia Britannica, 2% of the world's population self-identify as atheists and the average annual global change for atheism from 2000 to 2010 was 0.17%.[39]
A 2002 survey by Adherents.com, estimates that the proportion of the world's people who are "secular, non-religious, agnostics and atheists" at about 14%.[40]
A 2004 survey by the BBC in 10 countries showed the proportion of the population "who don't believe in God" varying between 0% (Nigeria) and 39% (UK), with an average close to 17% in the countries surveyed, however, 8% of the respondents specifically stated that they consider themselves to be "atheists". Diversity was observed in the views of atheists including that "across the entire sample, almost 30% of all atheists surveyed said they sometimes prayed."[24] 65% of those polled in a 2011 survey by the British Humanist Association answered no to the question "Are you religious?"[41]
A 2004 survey by the CIA in the World Factbook estimates about 12.5% of the world's population are non-religious, and about 2.4% are atheists.[42]
A 2005 poll by AP/Ipsos surveyed ten countries. Of the developed nations, people in the United States were "most sure" of the existence of God or a higher power (2% atheist, 4% agnostic), while France had the most skeptics (19% atheist, 16% agnostic). On the religion question, South Korea had the greatest percentage without a religion (41%) while Italy had the smallest (5%).[43]
A 2010 Pew Research global study found that 16 percent of the global population to be unaffiliated with a religion, however, Pew notes that "more than three-quarters of the religiously unaffiliated live in Asia, the majority in China. Many of the people in this group do hold some religious or spiritual beliefs and may even believe in a deity, but they do not identify with a particular faith."[6] Of the global atheist and nonreligious population, 76% reside in Asia and the Pacific, while the remainder reside in Europe (12%), North America (5%), Latin America and the Caribbean (4%), sub-Saharan Africa (2%) and the Middle East and North Africa (less than 1%).[6]
Sociologist Phil Zuckerman's global studies on atheism have indicated that global atheism may be in decline due to irreligious countries having the lowest birth rates in the world and religious countries having higher birth rates in general.[1]
According to WIN/Gallup International, in their 2012 poll of 57 countries, 23% of respondents were "not religious" and 13% were "convinced atheists" and in their 2014 poll of 65 countries 22% were "not religious" and 11% were "convinced atheists".[7][44] However, other researchers have advised caution with the WIN/Gallup International figures since other surveys which use the same wording, have conducted many waves for decades, and have a bigger sample size, such as World Values Survey; have consistently reached lower figures for the number of atheists worldwide.[5]
A Pew 2015 global projection study for religion and nonreligion projects that between 2010 and 2050 there will some initial increases of the unaffiliated followed by a decline by 2050 due to lower global fertility rates among this demographic.[45]
In terms of the United States, a 2012 Pew report showed that 32% of people under 30, 21% of people between the ages of 30-49, 15% of people between the ages of 50-64 and 9% of people over the age of 65 could be characterized as religiously unaffiliated. However, 68% of all the unaffiliated expressed belief in God and out of the whole US population, only 2.4% self identified as "atheist".[46]
A 2013 poll by UPI/Harris showed that three-quarters of U.S. adults say they believe in God, down from 82 percent in 2005, 2007 and 2009. Just under 2-in-10 U.S. adults described themselves as very religious, with an additional 4-in-10 describing themselves as somewhat religious down from 49 percent in 2007. Twenty-three percent of Americans identified themselves as not at all religious, nearly double the 12 percent reported in 2007.[47]
The 2015 Pew Religious Landscape survey reported that as of 2014[update], 22.8% of the American population is religiously unaffiliated, atheists made up 3.1% and agnostics made up 4% of the US population.[48]
A survey based on a self-selected sample of biological and physical scientists of the National Academy of Sciences in the United States found that 7% believed in the existence of God, 72.2% did not, and 20.8% were agnostic or had doubts.[49]Eugenie Scott argued that there are methodological issues in the study, including ambiguity in the questions. A study on leading scientists in the US, with clearer wording and allowing for a broader concept of "god", concluded that 40% of prominent scientists believe in god.[50]
In 1916, 1,000 leading American scientists were randomly chosen from American Men of Science and 41.8% believed God existed, 41.5% disbelieved, and 16.7% had doubts/did not know; however when the study was replicated 80 years later using American Men and Women of Science in 1996, results were very much the same with 39.3% believing God exists, 45.3% disbelieved, and 14.5% had doubts/did not know.[51]
A TNSRMS Cameroun survey, commissioned by WIN-Gallup International, conducted from 29 October 2012, to 5 November, 2012, found that 3% of Cameroon were "convinced atheists."[52]
In November 2013, al-Sabah estimated that up to 3 million (3.57%) Egyptians were atheists.[53][54]
A TNS RMS Ghana survey, commissioned by WIN-Gallup International, conducted from 7 November 2012, to 33 November, 2012, found that 0% of Ghana were "convinced atheists."[52]
A Infinite Insight survey, commissioned by WIN-Gallup International, conducted on November, 2014, found that 2% of Kenya were "convinced atheists."[55][56]
A BJ Group survey, commissioned by WIN-Gallup International, conducted on 8 November, 2014, to 19 November, 2014 found that 1% of Morocco were "convinced atheists."[55][56]
A Market Trends International survey, commissioned by WIN-Gallup International, conducted from 13 October, 2014 to 9 November, 2014, found that 2% of Nigeria were "convinced atheists."[55][56]
A Topline Research Solutions (TRS) survey, commissioned by WIN-Gallup International, conducted from 24 December 2012, to 2 December, 2012, found that 4% of South Africa were "convinced atheists."[52]
A Infinite Insight survey, commissioned by WIN-Gallup International, conducted from 5 November 2012, to 6 December, 2012, found that 6% of South Sudan were "convinced atheists."[52]
A Emrhod International survey, commissioned by WIN-Gallup International, conducted from 24 November 2012, to 2 December, 2012, found that 0% of Tunisia were "convinced atheists."[52]
A ACSOR-Surveys survey, commissioned by WIN-Gallup International, conducted from 1 November, 2014 to 10 November, 2014, found that 0.33% of Afghanistan were "convinced atheists."[55][56]
A MPG LLC (Marketing Professional Group) survey, commissioned by WIN-Gallup International, conducted on November, 2014, found that 2% of Armenia were "convinced atheists."[55][56]
A SIAR Research and Consulting Group survey, commissioned by WIN-Gallup International, conducted from 16 October, 2014, to 12 November, 2014, found that 0.1% of Azerbaijan were "convinced atheists."[55][56]
A SRGB (SRG Bangladesh Limited) survey, commissioned by WIN-Gallup International, conducted from 5 November, 2014, to 25 November, 2014, found that 0.4% of Bangladesh were "convinced atheists."[55][56]
A GORBI (Georgian Opinion Research Business International) survey, commissioned by WIN-Gallup International, conducted from 15 October, 2014, to 15 November, 2014, found that 1% of the Georgia were "convinced atheists."[55][56]
A DataPrompt International survey, commissioned by WIN-Gallup International, conducted from 20 October, 2014 to 14 November, 2014, found that 3% of India were "convinced atheists."[55][56]
A Deka survey, commissioned by WIN-Gallup International, conducted from 15 October, 2014 to 5 November, 2014, found that 0.19% of Indonesia were "convinced atheists."[55][56]
According to Moaddel and Azadarmaki (2003), less than 5% of Iranians do not believe in God.[57]
A IIACSS survey, commissioned by WIN-Gallup International, conducted from 20 November 2012, to 2 December, 2012, found that 0% of Iraq were "convinced atheists."[52]
A Maagar Mochot ltd. survey, commissioned by WIN-Gallup International, conducted on November, 2014, found that 8% of Israel were "convinced atheists."[55][56]
A NRC (Nippon Research Center) survey, commissioned by WIN-Gallup International, conducted from 31 October, 2014 to 12 November, 2014, found that 32% of Japan were "convinced atheists."[55][56]
According to Inglehart et al (2004), less than 1% of those in Jordan do not believe in God.[57]
A Romir survey, commissioned by WIN-Gallup International, conducted from 23 October, 2014 to 30 October, 2014, found that 8% of Kazakhstan were "convinced atheists."[55][56]
According to Froese (2004), 7% of those in Kyrgyzstan are atheist.[57]
A REACH (Research and Consulting House) survey, commissioned by WIN-Gallup International, conducted from 17 October, 2014 to 5 November, 2014, found that 2% of Lebanon were "convinced atheists."[55][56]
A TNS Malaysia survey, commissioned by WIN-Gallup International, conducted from 27 October, 2014 to 15 November, 2014, found that 3% of Malaysia were "convinced atheists."[55][56]
According to Barret et al (2001), 9% of those in Mongolia are atheist.[57]
Barret et al (2001) report that 15% of North Koreans are atheist.[57]
A Gallup Pakistan survey, commissioned by WIN-Gallup International, conducted from 2 October, 2014 to 12 October, 2014, found that 1% of Pakistan were "convinced atheists."[55][56]
A Palestinian Center for Public Opinion (PCPO) survey, commissioned by WIN-Gallup International, conducted from 2 November, 2014 to 12 November, 2014, found that 1% of Palestine were "convinced atheists."[55][56]
A WisdomAsia survey, commissioned by WIN-Gallup International, conducted from 1 November, 2014, to 15 November, 2014, found that 61% of the People's Republic of China were "convinced atheists."[55][56]
A CSG survey, commissioned by WIN-Gallup International, conducted from 27 October, 2014, to 16 November, 2014, found that 34% of the Hong Kong were "convinced atheists."[55][56]
A PSRC (Philippines Survey & Research Center Inc.) survey, commissioned by WIN-Gallup International, conducted on 9 October, 2014, to 12 November, 2014 found that 1% of Philippines were "convinced atheists."[55][56]
According to Inglehart et al (2004), 24% of those in the Republic of China do not believe in God.[57]
A PARC (Pan Arab Research Center) survey, commissioned by WIN-Gallup International, conducted on November 2011, found that 5% of Saudi Arabia were "convinced atheists."[52]
Inglehart et al (2004) found that 13% of those in Singapore do not believe in God.[57]
A Be Research (Index Kosova) survey, commissioned by WIN-Gallup International, conducted from 1 November, 2014 to 7 November, 2014, found that 6% of South Korea were "convinced atheists."[55][56]
According to Froese (2004), 2% of those in Tajikistan are atheist.[57]
A Infosearch survey, commissioned by WIN-Gallup International, conducted from 12 October, 2014 to 13 November, 2014, found that 1% of Thailand were "convinced atheists."[55][56]
According to Froese (2004), 2% of those in Turkmenistan are atheist.[57]
A Romir survey, commissioned by WIN-Gallup International, conducted from 16 November 2012, to 6 December, 2012, found that 2% of Uzbekistan were "convinced atheists."[52]
A Indochina Research survey, commissioned by WIN-Gallup International, conducted on 17 October, 2014, to 31 October, 2014 found that 13% of Vietnam were "convinced atheists."[55][56]
According to a 2010 Eurostat Eurobarometer Poll, 51% of European Union citizens responded that "they believe there is a God", whereas 26% answered that "they believe there is some sort of spirit or life force" and 20% said that "they don't believe there is any sort of spirit, God, or life force" and results were widely varied between different countries.[59]
According to another Poll about religiosity in the European Union in 2012 by Eurobarometer 16% are Non-believers/Agnostics and 7% are Atheists.[60] 72% of EU citizens are Christians and 2% are Muslims.[61]
(*) 13% of respondents in Hungary identify as Presbyterian. In Estonia and Latvia, 20% and 19%, respectively, identify as Lutherans. And in Lithuania, 14% say they are just a Christian and do not specify a particular denomination. They are included in the other category. (**) Identified as "don't know/refused" from the "other/idk/ref" column are excluded from this statistic. (***) Figures may not add to subtotals due to rounding.
According the 2011 Albanian census found 2.5% of Albania were atheists.[64]
A sterreichisches Gallup Institute survey, commissioned by WIN-Gallup International, conducted on November, 2014, found that 13% of Austria were "convinced atheists."[55][56]
A Pew Research Center poll, conducted from June 2015 to July 2016, found that 2% of Belarus were atheists, while 9% stated that they "Do not believe in God".[63]
A iVOX bvba survey, commissioned by WIN-Gallup International, conducted from 28 October, 2014 to 18 November, 2014, found that 18% of Belgium were "convinced atheists."[55][56]
A Pew Research Center poll, conducted from June 2015 to July 2016, found that 2% of Bosnia and Herzegovina were atheists, while 4% stated that they "Do not believe in God".[63]
A Pew Research Center poll, conducted from June 2015 to July 2016, found that 2% of Bulgaria were atheists, while 17% stated that they "Do not believe in God".[63]
A Pew Research Center poll, conducted from June 2015 to July 2016, found that 4% of Croatia were atheists, while 10% stated that they "Do not believe in God".[63]
A 2010 Eurobarometer poll found that 3% of the Cyprus stated that "I don't believe there is any sort of spirit, God or life force".[59]
A Pew Research Center poll, conducted from June 2015 to July 2016, found that 25% of the Czech Republic were atheists, while 66% stated that they "Do not believe in God".[63]
A DMA/Research survey, commissioned by WIN-Gallup International, conducted on November, 2014, found that 12% of Denmark were "convinced atheists."[55][56]
A Pew Research Center poll, conducted from June 2015 to July 2016, found that 9% of Croatia were atheists, while 45% stated that they "Do not believe in God".[63]
A Taloustutkimus Oy survey, commissioned by WIN-Gallup International, conducted from 19 October, 2014 to 7 November, 2014, found that 10% of Finland were "convinced atheists."[55][56]
A BVA survey, commissioned by WIN-Gallup International, conducted from 20 October, 2014 to 23 October, 2014, found that 10% of France were "convinced atheists."[55][56]
A Produkt + Markt survey, commissioned by WIN-Gallup International, conducted on November, 2014, found that 17% of Germany were "convinced atheists."[55][56]
A Pew Research Center poll, conducted from June 2015 to July 2016, found that 3% of Greece were atheists, while 6% stated that they "Do not believe in God".[63]
A Pew Research Center poll, conducted from June 2015 to July 2016, found that 5% of Hungary were atheists, while 30% stated that they "Do not believe in God".[63]
A Capacent Gallup survey, commissioned by WIN-Gallup International, conducted from 29 October, 2014 to 12 November, 2014, found that 14% of Iceland were "convinced atheists."[55][56]
A Red C Research and Marketing survey, commissioned by WIN-Gallup International, conducted from 20 October, 2014 to 27 October, 2014, found that 10% of Ireland were "convinced atheists."[55][56]
A DOXA survey, commissioned by WIN-Gallup International, conducted from 16 October, 2014 to 30 October, 2014, found that 6% of Italy were "convinced atheists."[55][56]
A Be Research (Index Kosova) survey, commissioned by WIN-Gallup International, conducted from 1 November, 2014, to 7 November, 2014 found that 1% of Kosovo were "convinced atheists."[55][56]
A Pew Research Center poll, conducted from June 2015 to July 2016, found that 3% of Latvia were atheists, while 15% stated that they "Do not believe in God".[63]
A Pew Research Center poll, conducted from June 2015 to July 2016, found that 2% of Lithuania were atheists, while 11% stated that they "Do not believe in God".[63]
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Finland’s membership of NATO off agenda at present ambassador – TASS
Posted: at 12:59 am
MOSCOW, July 25. /TASS/. Finland's membership of NATO is off the agenda at present although the Finnish government does not rule out a prospect of this kind in the future, the Finnish ambassador in Moscow, Mikko Hautala said on Tuesday in an interview with the Moscow-based Kommersant daily.
He said any country took an interest in having diversified plans of action and that is why nothing could be ruled out but the issue was not in the current plans.
Hautala recalled Finland had been supporting longtime relations of partnership with NATO. Specifically, it was conducting political dialogue with the pact and taking part in certain exercises organized by NATO.
He said Finland was proceeding from its own interests in this sphere and its decisions depended on whether one or another action could be lucrative for the capability of its own Armed Forces.
Finland is one of the five most advanced partners of NATO along with Australia, Georgia, Jordan, and Sweden.
Finnish Prime Minister Juha Sipila said on June 11, 2016, in a speech at a congress of his Center Party that an application for membership of the North-Atlantic alliance would require a broad popular support. Opinion polls show that a possibility of NATO membership is supported by a minority of Finns.
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Former NATO Supreme Commander Backs New Russia Sanctions – Voice of America
Posted: at 12:59 am
With U.S. lawmakers expected to finalize new sanctions on Russia this week, former NATO Supreme Commander James Stavridis told VOA that would be a positive move, since he believes President Donald Trump's administration has taken too weak a stance on Russia.
In an interview Tuesday with VOA's Jela De Franceschi, Stavridis, now dean of the Fletcher School of Law and Diplomacy at Tufts University, said additional sanctions on Russia would be "appropriate, measured and make enormous sense, given the level of egregious behavior we have seen from Vladimir Putin's Russia."
"Strong sanctions are necessary," Staviridis said, listing Russia's offenses: interfering with the U.S. election; supporting Syrian leader Bashir al-Assad, whom he calls a war criminal; and, "worst of all," invading Ukraine and annexing Crimea.
Trump "has not been sufficiently strong in his approach to Putin, to Russia," Stavridis said, and thus it is appropriate for Congress to levy new sanctions.
Asked about how the United States and Russia can cooperate, Stavridis said the two superpowers could still collaborate on counterterrorism, fighting Islamic State and suppressing the illegal narcotics trade. Afghanistan might also be an area where Washington and Moscow can cooperate, he added.
The United States and Russia also can improve relations through their mutual membership in international organizations, Stavridis said, such as the NATO-Russia Council; the Arctic Council, which promotes better coordination among the Arctic states; and the United Nations Security Council.
The more the United States and Russia interact, he added, the better the chances that they can prevent a recurrence of the Cold War.
"On the other hand," Stavridis noted, "the United States has fundamental interests and a global leadership goal that would require it, at times, to confront Russia on inappropriate international behavior."
The most important area where the United States and Russia can find common ground, the former Western alliance commander said, is in Europe, where NATO faces Russian activity on its borders, beginning in Ukraine. The top challenge is avoiding a confrontation between NATO and Russian military forces, he added.
"We need to avoid anything that would lead to escalation," Stavridis said.
Ukraine represents a particular challenge, he told VOA: "We've seen here an invasion [of eastern Ukraine by pro-Russian forces], an annexation [of Crimea]. Unless the Minsk agreement is fully implemented, I see very challenging times ahead for Russian-European relationships, and the United States is very much a part of that because of the trans-Atlantic relationship."
Admiral Stavridis discussed these issues in an interview with VOA's Serbian service.
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Macedonia’s New Leaders Set Sights on NATO, EU Membership – Voice of America
Posted: at 12:59 am
Macedonia's defense minister reaffirmed her government's commitment to joining NATO and the European Union, saying in an interview that the nation's new government fully understands that success or failure is in its own hands.
"Nobody will bring it to us," Defense Minister Radmila Sekerinska told VOA's Macedonian service. "We need to work toward it, to be accountable for the progress. And the international community's support will follow."
In office since May 31, the government of Prime Minister Zoran Zaev has placed its highest priority on reforms aimed at preparing Macedonia for integration into the Euro-Atlantic community. European Union leaders have declared their readiness to work with the new government, and the Zaev cabinet has responded with an agenda listing concrete reform priorities.
At the same time, there is a renewed push to resolve a long-running dispute with Greece, which has opposed NATO membership for Macedonia as long as it shares the name of a neighboring Greek province.
Political life has largely stabilized in the former Yugoslav republic since supporters of the previous conservative government stormed the parliament three months ago to try to prevent the transfer of power to Zaev's Social Democratic party.
Sekerinska was brutally attacked in front of news cameras during the incident, but she said in the interview that her government is looking to the future, not the past.
"We have to make up for the time lost during the tenure of the previous leadership. We cannot expect anybody to be more ambitious and more interested in Macedonia becoming a NATO member than Macedonia itself," she said.
Sekerinska listed media freedom, civil society, rule of law and judiciary reforms among the areas in the most urgent need of improvement. "That is a huge task, but we need to show that we are serious about NATO."
Sekerinska said she is looking forward to U.S. Vice President Mike Pence's scheduled visit to the region next week as an opportunity for Macedonia, in a co-host role, to build closer ties with "the most important strategic partner."
"This is a very important sign that the United States, the key player in NATO, considers the Western Balkans a zone they can support and invest in."
Asked whether the new government is concerned about Russian influence in Macedonia, Sekerinska said its priority is to "reach out and build relations with other countries."
"However, our message to them, including to the Russian Federation, is that while we are interested in having close bilateral relations, the strategic decisions will ultimately come from the Macedonian institutions and the citizens of Macedonia," she said.
"Joining NATO and the EU is our goal, based on the broadest consensus in the country, and these questions have been decided, and will be decided, only by the citizens of this country."
As one of the top recruiting centers for the Islamic State group, Macedonia is plagued with a growing risk of terrorism and violent extremism. Sekerinska said the threat is universal and requires intelligence-sharing among the countries.
"Macedonia can certainly contribute in securing the region's stability, but to do that effectively, we need to refocus the institutions designed to fight these threats. In recent years, they were misused for political assignments, to fight the opposition, instead of working on the job they were designed to do," she said.
While acknowledging that will take time, Sekerinska said the new government is determined to become a partner in the fight against today's global threats.
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Newly declassified memos detail extent of improper Obama-era NSA spying – The Hill
Posted: at 12:59 am
The National Security Agency and Federal Bureau of Investigation violated specific civil liberty protections during the Obama years by improperly searching and disseminating raw intelligence on Americans or failing to promptly delete unauthorized intercepts, according to newly declassified memos that provide some of the richest detail to date on the spy agencies ability to obey their own rules.
The memos reviewed by The Hill were publicly released on July 11 through Freedom of Information Act litigation by the American Civil Liberties Union.
The NSA says that the missteps amount to a small number less than 1 percent when compared to the hundreds of thousands of specific phone numbers and email addresses the agencies intercepted through theso-called Section 702 warrantless spying program created by Congress in late 2008.
Quite simply, a compliance program that never finds an incident is not a robust compliance program, said Michael T. Halbig, theNSAs chief spokesman. The National Security Agency has in place a strong compliance program that identifies incidents, reports them to external overseers, and then develops appropriate solutions to remedy any incidents.
But critics say the memos undercut the intelligence communitys claim that it has robust protections for Americans incidentally intercepted under the program.
Americans should be alarmed that theNSAisvacuuming up their emails and phone calls without a warrant, said Patrick ToomeyPat ToomeyNewly declassified memos detail extent of improper Obama-era NSA spying Overnight Tech: FCC won't fine Colbert over Trump joke | Trump budget slashes science funding | Net neutrality comment period opens Appeals court decision keeps lawsuit against NSA surveillance alive MORE, an ACLU staff attorney in New York who helped pursue the FOIA litigation.TheNSAclaims it has rules to protectour privacy, but it turns out those rules are weak, full of loopholes, andviolated again and again.
Section 702 empowers the NSA to spy on foreign powers and to retain and use certain intercepted data that was incidentally collected on Americans under strict privacy protections. Wrongly collected information is supposed to be immediately destroyed.
The Hill reviewed the new ACLU documents as well as compliance memos released by the NSA inspector general and identified more than 90 incidents where violations specifically cited an impact on Americans. Many incidents involved multiple persons, multiple violations or extended periods of time.
For instance, thegovernment admitted improperly searchingNSAs foreign intercept data on multiple occasions, including one instance in which ananalyst ran the same search query about an American every work day for a period between 2013 and 2014.
There also were several instances in which Americans unmasked names were improperly shared inside the intelligence community without being redacted, a violation of the so-called minimization procedures that President Obama loosened in 2011that are supposed to protect an Americans' identity from disclosure when they are intercepted without a warrant.Numerous times improperly unmasked information about Americans had to be recalled and purged after the fact, the memos stated.
CIA and FBI received unminimized data from many Section 702-tasked facilities and at times are thus required to conduct similar purges, one report noted.
NSAissued a report which included the name of a United States person whose identity was not foreign intelligence, said one typical incident report from 2015, which said theNSAeventually discovered the error and recalled the information.
Likewise, the FBI disclosed three instances between December 2013 and February 2014 of improper disseminations of U.S. persons identities.
TheNSAalso admitted it was slow in some cases to notify fellow intelligence agencies when it wrongly disseminated information about Americans. The law requires a notificationwithin five days, but some took as long as 131 business days and the average was 19 days., the memos show
U.S. intelligence officials directly familiar with the violations told The Hill that the memos confirm that the intelligence agencies have routinely policed, fixed and self-disclosed to the nation's intelligence court thousands of minor procedural and more serious privacy infractions that have impacted both Americans and foreigners alike since the so-called Section 702 warrantless spying program was created by Congress in late 2008.
Alexander W. Joel, who leads the Office of Civil Liberties, Privacy and Transparency under the Director of National Intelligence, said the documents chronicle episodes that have been reported to Congress and the Foreign Intelligence Surveillance Court (FISC) for years in real time and are a tribute to the multiple layers of oversight inside the intelligence community.
We take every compliance incident very seriously and continually strive to improve compliance through our oversight regime and as evidence by our reporting requirements to the FISC and Congress, he told The Hill. That said, we believe that, particularly when compared with the overall level of activity, the compliance incident rate is very low.
The FBI told the Hill that the Section 702 law is "One of the most valuable tools the Intelligence Community has, and therefore, is used with the utmost care by the men and women of the FBI so as to notjeopardize future utility. As such, we continuallyevaluate our internal policies and procedures to further reduce the number of these compliance matters."
The new documents show that theNSAhas, on occasion, exempted itself from its legal obligation to destroy all domestic communications that were improperly intercepted.
Under the law, theNSAis supposed to destroy any intercept if it determines the data was domestically gathered, meaning someone was intercepted on U.S. soil without a warrant when the agency thought they were still overseas. The NSA however, has said previously it created destruction waivers to keep such intercepts in certain cases.
The new documents confirm theNSAhas in fact issued such waivers and that it uncovered in 2012 a significant violation in which the waivers were improperly used and the infraction was slow to be reported to the court.
In light of related filings being presented to the Court at the same time this incident was discovered and the significance of the incident, DOJ should have reported this incident under the our immediate notification process, then-Assistant Attorney General Lisa Monaco wrote the FISA court in August 28, 2012 about the episode, ???according to one memo released through the FOIA.????
TheNSAdeclined to say how often destruction waivers are given. But ODNIs Joel said the FISC court has supervised such waivers and affirmed they are consistent with the Fourth Amendment of the Constitution and the statutory requirements of Section 702.
Other violations cited in the memos:
In annual and quarterly compliance reports that have been released in recent years, U.S. intelligence agencies have estimated the number of Section 702 violations has averaged between 0.3 percent and 0.6 percent of the total number of taskings. A tasking is an intelligence term that reflects a request to intercept a specific phone number or email address.
The NSA now targets more than 100,000 individuals a year under Section 702 for foreign spying, and some individual targets get multiple taskings, officials said.
The actual number of compliance incidents remains classified but from the publicly available data it is irrefutable that the number is in the thousands since Section 702 was fully implemented by 2009, said a senior U.S. official with direct knowledge, who spoke only on condition of anonymity.
The increasing transparency on Section 702 violations is having an impact on both critics and supporters of a law that is up for renewal in Congress at the end of this year. Of concern are the instances in which Americans data is incidentally collected and then misused.
Retired House Intelligence Committee chairman Pete Hoekstra, a Republican who strongly supported the NSA warrantless spying program when it started under George W. Bush, said he now fears it has now become too big and intrusive.
If I were still in Congress today, I might vote with the people today to shut the program down or curtail it, Hoekstrak, who has been tapped by Trump to be ambassador to the Netherlands, said in an interview.
One percent or less sounds great, but the truth is one percent of my credit card charges dont come back wrong every month. And in my mind one percent is pretty sloppy when it can impact Americans privacy.
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Fifth Amendment Prohibits Use of Compelled Foreign Testimony in US Criminal Trials – JD Supra (press release)
Posted: at 12:59 am
The Second Circuit held in United States v. Allen, an appeal arising from the first U.S. prosecution in connection with the LIBOR manipulation scandal, that it violates a defendants Fifth Amendment privilege against self-incrimination to present an investigating grand or a trial jury with testimony that the defendant was compelled to give to foreign officials, regardless of whether the compelled testimony was presented directly or through another witness.
On July 19, the U.S. Court of Appeals for the Second Circuit vacated the conviction of two former London-based bankers, Anthony Allen and Anthony Conti, who were convicted in October 2015 on multiple counts of bank and wire fraud in connection with a scheme to manipulate the London Interbank Offered Rate (LIBOR). See United States v. Allen, Crim. No. 16-939 (2d Cir. July 19, 2017). Witnesses for the U.S. Department of Justice (DOJ) before both the grand and trial juries had been exposed to inculpatory testimony that the defendants were compelled to give against themselves by the UK government pursuant to UK law, and the Court of Appeals held that using that compelled testimony violated the defendants Fifth Amendment right against self-incrimination. The Second Circuit further held that the DOJ failed to carry its heavy burden under the U.S. Supreme Courts decision in United States v. Kastigar, 406 U.S. 441 (1972), to show that the testimony introduced before the grand and trial juries did not derive from the defendants compelled testimony. Because the prosecution failed to carry its Kastigar burden, and using the compelled testimony was not harmless error, the Second Circuit reversed the convictions and dismissed the indictments.
Alleged LIBOR Manipulation
Allen and Conti worked at Coperatieve Centrale Raiffeisen-Boerenleenbank B.A. (Rabobank), a Dutch bank. During the 2000s, Rabobank was one of 16 banks that submitted its borrowing rates for U.S. dollars and Japanese yen on a daily basis to the British Bankers Association (BBA), the entity that calculated the LIBOR. The LIBOR is a series of daily benchmark rates at which banks can borrow funds in various currencies for various time periods. For each currency for which it calculated the LIBOR, the BBA accepted rates the banks submitted, discarded certain high and low submissions, and averaged the remaining submissions. Many financial transactions, including interest rate swaps, are tied to the LIBOR on a particular date, and those transactions are either profitable or not depending on the LIBOR in the relevant currency for the relevant time period on the relevant date, called the fixing date.
Allen and Conti each had, at various times and with varying frequency, responsibility for Rabobanks rate submissions to the BBA. Neither Rabobank nor the UK government had any policies concerning the submission of rates used to derive the LIBOR. Like a number of other banks that submitted their borrowing rates to the BBA, Rabobank was a party to a large number of LIBOR-tied transactions.
The prosecutions evidence at trial, which the Court of Appeals reviewed in detail, showed that the defendants received requests from Rabobank traders who had taken LIBOR-tied positions in transactions that would either make or lose money for the bank depending on the LIBOR. The Court of Appeals wrote, The Governments theory of the case was that these trader requests were dictated by the traders (and thus Rabobanks) interest in having LIBOR be higher or lower on particular dates based on the transactions that the trader had entered or positions they held.
The defendants conceded that it was inappropriate to base Rabobanks LIBOR submissions on rates that would benefit Rabobank, rather than on market-based evidence of the range of reasonable rates that fairly represented the rate at which Rabobank could borrow in dollars or yen for various intervals on that day. The defendants position at trial was that, although they received requests from traders for higher or lower submissions to the BBA, they did not honor those requests.
Financial Conduct Authoritys Investigation and Aborted Prosecution
The UKs Financial Conduct Authority (FCA) worked in parallel with officials from the DOJ to investigate allegations of LIBOR manipulation and to interview individuals, including the defendants, in 2013. It was undisputed in the proceedings before the Court of Appeals that defendants Allen and Conti were compelled, on pain of imprisonment, to testify before the FCA. The FCA offered the defendants direct use immunity for their compelled testimony, but not derivative use immunity, according to the court. In other words, the FCA could not use the defendants statements against them at trial (i.e., no direct use), but could introduce evidence against them that it obtained based on their compelled statements (i.e., derivative use).
In contrast, when the DOJ seeks to compel a witness to testify over the witnesss invocation of his or her Fifth Amendment privilege against self-incrimination, the immunity order that is entered confers both direct and derivative use immunity. To avoid having the DOJs LIBOR investigation tainted by compelled testimony, the DOJ and the FCA interrogated witnesses on different days, with the DOJ interviewing first.
The FCA and the DOJ also investigated a Rabobank employee with rate submission responsibilities, Paul Robson, whom the FCA later charged with criminal conduct for his role in manipulating the LIBOR. As part of its pre-trial process in the UK, the FCA disclosed to Robson the compelled testimony that Allen and Conti had given. The Second Circuit stated that Robson closely reviewed that testimony, annotating it and taking several pages of notes. The FCA later abandoned its prosecution of Robson, and the DOJ picked up where the FCA left off.
In April 2014, a grand jury in the Southern District of New York indicted Robson and two other individuals but not Allen and Conti charging them with wire fraud, among other things. Robson proffered, signed a cooperation agreement, and pled guilty in summer 2014. Although Robson did not testify before the grand jury, information he provided to the DOJ was presented to the grand jury through an FBI agent. The grand jury subsequently indicted Allen and Conti, charging them with wire and bank fraud charges.
Allen and Conti waived extradition and filed a motion under Kastigar to suppress Robsons testimony at trial. The trial court deferred the Kastigar hearing until after trial. Robson testified at trial, and the jury convicted the defendants on all charges.
At the post-trial Kastigar hearing, Robson explained that he had been exposed to the defendants compelled testimony before the FCA. The trial court found, however, that Robsons statement that he had independent knowledge of the facts he presented at trial (and that had been presented to the grand jury through an FBI agent) was an independent source within the meaning of Kastigar.
Court of Appeals Holds Fifth Amendment Self-Incrimination Privilege Applies to Foreign-Compelled Testimony
The Court of Appeals held that the Fifth Amendments privilege against self-incrimination requires that a defendants statement to a foreign government official be voluntary before it can be admitted in a U.S. trial. The Second Circuit emphasized repeatedly that the self-incrimination privilege is a personal trial right that is absolute. As a result, in the courts opinion, the self-incrimination privilege applies to bar the admission in U.S. trials of a defendants compelled statements to a foreign government official even when, as in this case, the foreign government official acted pursuant to the foreign nations legal process in obtaining those statements. In short, if a sovereign power compelled the defendant to testify under the cruel trilemma of self-accusation, perjury or contempt, the statement cannot be used in a U.S. court to indict the defendant or obtain a conviction. The Court of Appeals was unwilling to countenance the DOJs position in the case, which would remove all impediment to introducing the defendants foreign compelled testimony, as in, the court wrote, Your honor, we offer Government Exhibit 1, the defendants compelled testimony.
The Second Circuit considered misplaced the U.S. governments concern that a foreign government might attempt to sabotage U.S. prosecutions by compelling and then broadcasting a defendants testimony to potential witnesses. The court quoted a speech by former Assistant Attorney General for the Criminal Division Leslie Caldwell, who spoke of the DOJs efforts to coordinate with its counterparts abroad in investigating and prosecuting crime. The court noted that the DOJ was aware of its burden to avoid using compelled testimony as reflected by the interview scheduling system used in this case. The court also left open the possibility that there may be a different result if the foreign power appeared to be attempting to undermine a U.S. prosecution, noting that it would call into question whether the testimony obtained was really involuntary.
Having defined the defendants Fifth Amendment rights, the court concluded that the government violated their privilege against self-incrimination by introducing Robsons testimony at trial and to the grand jury through an FBI agent. Relying on Kastigar, the court explained that the privilege against self-incrimination applies not only to the testimony itself but to evidence derived from that testimony. The court noted that, when a defendant has been compelled to testify and is later prosecuted, the trial court will convene a hearing, a so-called Kastigar hearing, at which the prosecution must carry the heavy, albeit not insurmountable, burden that the evidence it will introduce was derived from legitimate independent sources. Typically, the prosecution meets this burden with canned testimony, that is, testimony the witness gave before he or she was tainted by exposure to the compelled testimony.
At the Kastigar hearing before the trial court in the Allen case, the exact opposite happened: Robson admitted that his testimony to the FCA was very different from the testimony he gave in the United States after reviewing the testimony of Allen and Conti. The Second Circuit held that the Kastigar hearing actually proved Robson had been tainted by the defendants compelled testimony to the FCA. The court concluded that the presentation of the tainted evidence to the grand and trial juries was not harmless, and it both vacated the conviction and dismissed the indictment against the defendants.
Implications
The Second Circuit explained that cross-border prosecutions are on the rise and observed that the DOJ is detailing its prosecutors to foreign investigators, including INTERPOL and the FCA. The court understood that, in the governments view, witness testimony is often the key to unraveling international financial crime. Although the court would not presume to know exactly what this brave new world of international criminal enforcement will entail, it was certain that these developments abroad need not affect the fairness of our trials at home.
Indeed, earlier this year, the DOJs Antitrust Division issued a Division Update, explaining that international cooperation on investigations of cartels was a top a priority and it was exploring bi-, tri- and multilateral agreements to foster greater international cooperation. Additionally, at a recent speech in Brazil, Acting Principal Deputy Assistant Attorney General for the Criminal Division, Trevor N. McFadden stated that cooperation with our foreign partners has become a hallmark of our work and observed that reciprocity in information sharing is a vital tool in the modern prosecutors toolbox.
Indeed, recent settlements and investigations show that the DOJ is actively coordinating its efforts with the FCA and other foreign investigators. For example, earlier this year, State Street Corporation announced that it had reached a settlement with the DOJ concerning allegations it overcharged certain clients, an allegation first disclosed to the FCA in 2011. Also, in April, it was reported that the DOJ and the FCA are collaborating in an investigation into whether individuals at Barclays Bank engaged in civil or criminal misconduct in attempting to unmask a whistleblower. And the U.S. Attorneys Office for the Southern District of New York, the office that prosecuted Allen and Conti, announced late last year that it had charged several individuals with wire and securities fraud, identify theft and computer hacking following an investigation conducted in concert with Lahav 433, the cyber unit of the Israeli National Police, which, like the FCA, can legally compel witness testimony.
This international cooperation also is occurring among government regulators with civil remedies at their disposal. For example, when the SEC announced the filing of a Foreign Corrupt Practices Act complaint against executives at investment firm Och-Ziff Capital Management Group in January 2017, the SEC thanked the FCA and financial regulators in Guernsey, Jersey, Malta, Cyprus, Gibraltar and Switzerland for assisting in the investigation that led to the complaint.
Given the increase in cross-border investigations involving cooperation between U.S. and foreign law enforcement and regulatory authorities, practitioners representing defendants who have been interrogated abroad should investigate the possibility that compelled testimony was disseminated to witnesses the DOJ put before the grand jury or will call at trial. While the fact pattern in Allen is somewhat unique, there is a significant tactical advantage to identifying whether any witnesses were exposed to the compelled testimony and forcing the prosecution to carry its heavy burden under Kastigar of showing its evidence is untainted.
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Boss of firm behind anti-Trump dossier to plead the Fifth at congressional hearing – Washington Times
Posted: at 12:59 am
The co-founder of the Washington-based firm that commissioned the explosive and largely unsubstantiated anti-Trump campaign research dossier will reject a Senate subpoena to testify before Congress next week and invoke his Fifth Amendment rights, according to the heads of the Senate Judiciary Committee.
Glenn Simpson, the former Wall Street Journal reporter who helped start political intelligence firm Fusion GPS, has been a key figure in the Russian election meddling saga ever since the dossier, which alleged a years-long Kremlin conspiracy to elect Donald Trump and included colorful sex stories, was leaked to the press after the Republicans November victory over Democrat Hillary Clinton.
Since March, the Senate Judiciary Committee has pressed for Mr. Simpsons testimony and documents relevant to the case. His attorneys, Joshua A. Levy and Robert F. Muse, have rebutted with numerous defenses, including citing confidentiality agreements between Fusion GPS its clients. This week, a Judiciary hearing which would have featured Mr. Simpson had he voluntarily attended was canceled.
Late on Friday committee leadership executed hardball tactics to force him to tell what he knows as chairman Sen. Chuck Grassley, an Iowa Republican, and ranking member Sen. Dianne Feinstein, a California Democrat, announced theyd subpoenaed him.
Glenn Simpson, through his attorney, has declined to voluntarily attend Wednesdays Judiciary Committee hearing regarding compliance with the Foreign Agents Registration Act, the senators wrote in a statement. Therefore, a subpoena has been issued to compel his attendance. Simpsons attorney has asserted that his client will invoke his Fifth Amendment rights in response to the subpoena.
Mr. Simpsons lawyers in a letter reported by Politico, argued that this hearings purported focus on FARA [Foreign Agents Registration Act] is pretext for an exploration of Fusion GPS reported work, on behalf of other clients, to investigate the ties of Donald J. Trump, his campaign and their associates to Russia.
Wednesdays committee hearing is also scheduled to feature Donald Trump Jr. and President Donald Trumps one-time campaign manager Paul Manafort.
On Friday, Mr. Grassley and Ms. Feinstein said both Trump confidantes had agreed to negotiate to be interviewed and provide relevant documents but the Senators also reserved the right to subpoena them if necessary.
Legal battle to continue
More legal battle is expected between Mr. Simpson and the committee.
Washington insiders woke Saturday debating whether the political operatives strategy to assert his Fifth Amendment rights to protect himself against self-incrimination - would hold up or if hed put himself at risk of being held in contempt of Congress, which could mean future criminal charges.
Deeper digging into the dossier could also be embarrassing for both Democrats and Republicans.
Mr. Simpson hired former British intelligence agent Christopher Steele in 20015 to compile opposition research on then-candidate Trump. The resulting dossier which was reportedly sourced from the Kremlin allegedly received initial financial support from anti-Trump Republicans before being taken over and distributed by Democrats. It contained a lurid and largely discredited tale of a years-long Russian effort to elect the former reality TV star and property developer.
The Trump White House has vigorously denounced the allegations as a pile of garbage and FAKE NEWS! ever since online news service BuzzFeed posted all 35 pages.
This week The Washington Times reported that the FBI is routinely using the dossier as a checklist that agents tick off as they question witnesses in its Russia investigation. Sources told The Times it was strange that a gossip-filled series of memos is guiding the bureaus work.
For months Mr. Grassley has pushed to learn more about Mr. Steeles FBI relationships, which allegedly date back to help the former British spy provided the bureaus investigation of FIFA chief Sepp Blatter, whose 17-years reign over the football World Cup governing body ended amid corruption allegations.
Former FBI Director James Comey, whom Mr. Trump fired in May, has refused to publicly answer questions about the bureaus relationship with Mr. Steele.
Additional drama next week is expected from Mr. Trump Jr. and Manaforts testimony. Democrats are eager to question both about a meeting they held last year with a Russian lawyer who promised to provide comprising information about Ms. Clinton. Republicans are keen to start clearing the air on an issue that has distracted Washington from Mr. Trumps agenda.
On Friday, Reuters reported it had found public records contradicting statements by the lawyer who met Mr. Trump Jr. and Mr. Manafort that shed never worked for the Russian government. The news agency found Natalia V. Veselnitskaya had once represented Russias top intelligence agency, the F.S.B., which replaced the K.G.B. after the fall of the Soviet Union.
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Boss of firm behind anti-Trump dossier to plead the Fifth at congressional hearing - Washington Times
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Another Trump stride toward the cliff – The Garden City Telegram
Posted: at 12:59 am
Since nothing improper happened between Donald Trumps campaign and the Russians, why is the president suddenly and loudly touting his power to pardon?
If theres really nothing there, wouldnt the whole world be better served if Trump vigorously got behind Special Counsel Robert Muellers investigation, invited Muellers staffers over to the West Wing for chats with anyone they chose, opened his tax files to them and declared not only does he not plan to have Mueller removed but also wishes him Godspeed toward completing the job?
But of course that cant happen because Trump does not have the capacity to see beyond his immediate impulses and has no fact-based sense of or regard for history.
If he did, surely he could figure out that an exoneration by Mueller or at least a closure without charges against anyone would have to be accepted by even Trumps severest critics.
Unless, of course, Trumps reflexive, transparent effort to cloud Muellers sparkling and bipartisan reputation succeeds even with those critics. In that case, the Russia thing would never go away.
Discouraging Muellers admirers is difficult, however. Last week, the spokesman for Trumps personal legal team, Mark Corallo, resigned partly because of his disgust with the Trump campaign to tarnish Mueller.
Like the anti-Mueller campaign, Trumps brandishing his power to pardon anyone even himself might reinforce his Superman self-image but also carries the seeds of his self-destruction.
Presidents can preemptively pardon anyone for any crime; thats what Gerald Ford did when he gave Richard Nixon a blanket pardon before any criminal charges were brought.
But a pardon can be a double-edged sword. If Trump were to preemptively pardon Donald Jr. or his daughter Ivanka and son-in-law Jared Kushner, for instance, Mueller then could not indict them but the pardons would not end the investigation. And, perhaps worse for all of the Trumps, Mueller could still subpoena the pardoned people and they could not invoke the Fifth Amendment protection against self-incrimination because they would be unindictable. Neither could they refuse to answer questions from Congressional committees on Fifth Amendment grounds.
Thus Trumps distorted ethical construct and self-destructive impulses have reached another extreme place that most Americans could not have imagined and certainly do not need to be in.
Its become an ongoing civic horror story, a 24-hour cable television nightmare that tempts us to avert our eyes and turn off our consciences. But we must not do that.
Americas culture and spirit, and democracys future, are under siege by a man who thinks of the nation as a great big private company and believes that he owns it. As sole proprietor, he gets to establish the principles under which he operates and make up the rules governing others as he goes along.
The conventions and aspirations under which the country has operated for 250 years are irrelevant to him; the accumulated self-governing ethos that matured over those centuries dismissed; the inconvenient limits on abuse of power ignored.
This is not tolerable. Only Congress can do something about it. At the very least, it is time for a bipartisan group of leaders to tell him that it is not tolerable and make clear to him that he is not above the law by reminding him that they, not he, are the final judges of whether he remains on the throne he has imagined for himself.
Davis Merritt, Wichita journalist and writer, can be reached at dmerritt9@cox.net.
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Another Trump stride toward the cliff - The Garden City Telegram
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Drunk Driver Gave Consent, Blood Test was Voluntary, Supreme Court Says – WisBar
Posted: at 12:58 am
WisBar | Drunk Driver Gave Consent, Blood Test was Voluntary, Supreme Court Says WisBar Two justices agreed that Brar expressly consented but did not join the conclusion that his implied consent was sufficient for Fourth Amendment purposes. Two other justices dissented, concluding that Brar did not freely and voluntarily consent to a ... |
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Drunk Driver Gave Consent, Blood Test was Voluntary, Supreme Court Says - WisBar
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