your position is that 30 there and the apa. >> that is the perception created by the apa. the way that your honor articulated it is the way to the spring court has articulated it time and time again. that is the government's burden in this case, to show a clear and convincing evidence that congress intended to preclude burden.ms it is not our if i make him i will move on to the merits of our statutory claim. our first claim is that section 215 simply does not apply to call records. to the very same standard that they enacted 215, it added a provision to the storage medications act prohibited the government from requiring phone records. it acquired exceptions. that section 215 is not among the list of those exceptions. unders critical, because settled principles of statutory construction, the specific prohibition in the stored communications act supersedes the very general grant of authority under section 215. indeed in the past, the government had agreed with that very principle. when they were confronted by senator the word that the privacy protections of the census act m

that is already there under the apa. unless there is evidence of congressional intent of preclude judicial review. >> that is correct. the way that your honor articulated is the way that the supreme court articulated it time and again. it is to show by clear and convincing evidence -- not to demonstrate that congress intended to create that. if i may, i will move on to the merits of our statutory plan. our first claim is that section 215 does not apply. when they enacted 215 and 2001, it added a provision to the stored communications act prohibiting the government from acquiring phone records. it created exceptions to that prohibition, but section 215 is not among the list of exceptions. that is critical. under settled principles of statutory construction, it supersedes the authority under section 215. in the past, the government has agreed with that principle. when they were confronted by a senator might yield to two section -- in section 215 that the privacy protections would not yield. that they trumped the general au

that is already there under the apa. ofess there is evidence congressional intent of preclude judicial review. >> that is correct. the way that your honor articulated is the way that the supreme court articulated it time and again. it is to show by clear and convincing evidence -- not to demonstrate that congress intended to create that. on to thei will move merits of our statutory plan. sectiont claim is that 215 does not apply. 2001,hey enacted 215 and it added a provision to the stored communications act prohibiting the government from requiring phone records. it created exceptions to that prohibition, but section 215 is not among the list of exceptions. that is critical. settled principles of statutory construction, it supersedes the authority under section 215. in the past, the government has agreed with that principle. when they were confronted by a senator might yield to two thaton -- in section 215 the privacy protections would not yield. that they trumped the general authority of section 215. they agreed with a

capture their life in stunning professional quality kept and share those experiences with others in apa an engaging way. and frankly anybody that wants to look at good as people we see on film and television. that is what the hero 4 is capable of. our $399 product was our best seller. and we expect the black edition to do the same -- well, have similar success even at the $500 price point. >> and on the other end, you have the entry level camera called hero for $129. >> that's correct. we've come out with three new cameras. at the entry level is hero, which is $129 camera which is the perfect entry level gopro. and then we have in the mid level at $399, we have the hero 4 silver which has an integrated lcd. and then at the top, we have the flagship hero 4 black at $499. >> and these cameras are available october 5. i think some of your investors mi might want to know what does does it mean for the holiday season. >> well, holiday is always an important period for gopro for sure. we're excited because this is the best executed product launch that we've had at the company. in past years,

you and i talked last night aboutxd the fact the house had 18tu(ápáe vote but tucked it ino a must-passnning. that is what the senate voted on tonight. thati] was a carefully put together strategy by the de leader harry reid. both felt they needede1 to get done because thefá rank and fil they were not sure how it would go. as i said, legislative kabuki theater. >>> i juste1 wanted to go to wh you just said. some are shaking their head. lawmakers just came back from recess two weeks ago and now are leaving town for another recess until the election in november? >> that is right, when it comes to the house they are actually leaving a week earlier than they scheduled to be here in town until about the end of september to have about a month back home to campaign. but they skipped town today. so a week earlier, you're right, they were all back home with their constituents for about five weeks in the month of august and then september. came back only for two weeks to go right back and campaign. td8surprising.ybe not that it is tradition. but when things are as they are in the world, there we

process, the courts have consistently held that where the public participation follows the rules of the apasection 553, since you're pulling out section numbers, 553 of the apa, that that does satisfy the requirements and provides the public the opportunity. there is in addition a weird position -- provision in the congressional review act that any regulation that is issued could conceivably be set aside through a motion of disproval if poe both houses of congress and the president sign off on it, it is pure majority. if it happens during this administration, presumably the president would veto that, even if both houses of congress chose to disapprove it. but it is -- there is a clawback provision. this is more than you ever wanted to know, i'm sure. but it enables the congress to look back, to claw back, to appear if there were, for example, a republican president in 2016 in both houses were held by the republicans in 2016, they could claw back as far as may or june of 2015. that should set treasury thinking. we don't have until next november or the following year, there is a time frame th

this is in mow apa, nevada. officials say parts of interstate 15 will be closed for at least three days in both directions because of what you see there, that extensive and wide-spread flood damage. petra, my mother is in arizona. saw the same thing yesterday. this massive flash flood that came, i guess, late at night. >> yeah. >> because by morning time, everyone's trying to get to work and the highways were completely flooded like what we saw in nevada. >> it happened between 2:00 in the morning and 9:00 a.m. local time. the amount of rainfall that came down, really impressive. you take in the monsoons that typically happen in the summer season, and then you take in tropical storm nor bert that was crossing northern mexico, and all the moisture in 12 hours, some four inches of rainfall across the valley of the sun. you take this, because the months of july, august, and september, the wettest months of the year for phoenix, because of the monsoons. but what happened here on monday morning is equivalent to those

553 since you're pulling out section numbers, 553 of the apa, that that does satisfy the requirementsand provides the public the opportunity. there is in addition a weird provision in the congressional review act that any regulation that is issued could conceivably be set aside through a motion of disproval if both houses of congress and the president sign off on it and it's a pure majority. now, if it happens during this administration, presumably the president would veto that even if both houses of congress chose to disapprove it. but there's a claw-back provision -- this is more than you ever wanted to know, i'm sure. but it enables the congress to look back, to claw back if there were, for example, a republican president in 2016 and both houses were held by the republicans in 2016, they could claw back as far as may or june of 2015. that should set treasury thinking we don't have until next november or the following year. there's a time frame that they would want to get their reg finished so it can't be claw back. if you really care about this, look up the history of the ergonomic

, tom horn admitted to charlie in one instance where he actually shot a little baby in -- apache an apa woman who had been killed. she was still clutching the baby.e one of the surprising things to apache campaigns is that the army assumed direction reservation during the height of the hostilities. charge army officers in f the reservation actually meted out summary justice to apache makers. horn was aware of this though no proof he participated in the apache. is known to have shot and killed at least two apache troublemakers in a summary execution. all must have been aware of of this. when horn entered the employ of wyoming, barons in the cattle barons, of course, dominated wyoming politics until mid 1890s, and horn assumed that he would be protected by he hadtle barons just as been protected by the army in the apache campaigns. i don't see any difference, eras., between the two horn.-- there was one tom and he was already inured to brutalized f activity. i don't think people comprehend ell how vicious the apache campaigns were. the u.s. army was just as vicious on its side. biggest di

it was a lot more subtle as the president search -- steve e apa used to do it.hey put together a story, he rolls out the same kind of small atut important incrementally innovations that allows apple to keep moving the products forward which, heeps the faithfor?l hap but also constantly brings new people into the apple ecosystem who realized it just works, makes apple products so desirable and popular, is still there and a reason to ket al buying. sales go up every quarter and new products somter imes don't want asy couickly as the ipad which is the most successful product launch they ever had but atter ting against this guy giv what he has done so far is a huge mistake. stuarve. do you think the gap, apple and samsung is growing and i am talking technology gap, brilliance that if you like. using it is growing? >> don't know the brilliance gap is growing but sales have been successful the last several years being where apple is and, by building a large screen phones and the ta3 cter s. there's a place where apple was insane and samsung could be very succesgapul s

another reason to buy apc and apa. secondly i think, wow, supply.ot to start exporting. >> "new york times" got the memo. front page story about manufacturing. renaissance as a result of low energy costs and things related to getting the gas out of the ground. >> we are going to go out to the utica shale in ohio. last thing i expected was not to be able to get a hotel room. it's that booming. there are no hotel rooms in the heartland. what is hoping the ramada. >> still an underreported story, despite the fact you have been amazing on it. >> i'm just getting started on this story. when they get the piping through and start sending the condensate out. mexico was the biggest exporter of oil and gas. canada has a lot. the manufacturing coming to texas, every day you'll read about a new plant, texas, louisiana. this is why our unemployment is going down, the ohio employment number in "the new york times" was less than 6%. >> and why the manufacturing number continues to go up. >> let's get to bob on the floor. >> on the down side, important thing asia w

we certainly do all we can to avoid being thrown in apa jail. we're very committed to continuing dialogue and transparency going forward. final question? if not, i will thank everyone who has taken time out to be in our audience, and a special thanks to todd, elizabeth, joan and evan for serving on the panel, for being here today, and for all that each of you continues to do. [ applause ] >>> the house rules committee is coming together tonight to meet to consider two bills. one to restrict the environmental protection agency from attempting to define which waters that regulate under the clean water act, and the second bill would condemn president obama for not giving congress advance notice of the prisoner swap to release bowe bergdahl back in may. pete sessions is the chair of this committee. you're watching live coverage here on the c-span3.wú8lyç >>> the rules committee coming together tonight, 5:00 eastern time, to work on rules for debate for two bills. the house back today after a five-week summer recess. they're working on a number of s

we certainly do all we can to avoid being thrown in apa jail.e very committed to continuing dialogue and transparency going forward. final question? if not, i will thank everyone who has taken time out to be in our audience, and a special thanks to todd, elizabeth, joan and evan for serving on