we now know he was in apa member from 2001 to 2006 and the apa has contended according to the ethics director that they had no contact on interrogations and interrogation techniques with mitchell and jessen. we now know they discussed sensory overload in the use of psychopharmacological agents with mitchell and jessen in 2003. the last two critical findings amy, are that the apa as we see throughout the e-mails expressed no concern about clear evidence of abuse that at that point between 2004 in 2005, was public knowledge. and lastly, what we see in this report is a clear coordination that directly mirrors the timeline inside the bush administration went office of medical services personnel inside the cia or raising concerns about human subjects research as part of the program, the apa, whether they knew it or not, allowed the administration to write a policy that basically helped put down that rebellion inside the cia. amy: how? >> by allowing psychologists to play critical monitoring and research role. that was at the heart of the newly, then newly authorized bradberry office of le

robert jay lifton, your thoughts on what the apa did? what the apa did, and i read that report, is what i call a scandal within a scandal. that is, i have been much concerned with the behavior of professionals and their ethics, not just in terms of how they conduct their everyday profession -- that is important enough -- but the relationship to the world ethically will stop i became interested in working with veterans of the vietnam war . and in that war, military psychiatrist would be in a position when examining a soldier who was brought to them with anxiety and a sense of outrage at what was going on. would be in the position of helping a soldier to be strong enough to return to duty, which meant daily atrocities. i asked myself, how did a psychiatrist find himself in that situation? and it had to do with the military structure of medicine and with the psychiatrist entering into what i called an atrocity-producing situation. in my work with nazi doctors, is even much more extreme, probably the most extreme example of any profession of

our youth and children in san francisco i want to bring up alan maw as a our district 4 honoree for apa heritage month. so, let me first say that in the sunset we have very very few non profit organizations and so the ones we have play a huge role in the neighborhoods and one of the major oneicize sth sunset neighborhood [inaudible] alan worked for a number of years. 6 years i believe. currently he is sth after scrool program coordinator at [inaudible] and joined the team back in 2009. started as kindergarten and first grade programmer at [inaudible] and in 2011 he transitioned to the cuncht role where he manages staff that [inaudible] through the after school program he helps student develop relationships, provide opportunity for meaningful involvement and help student get ready for future development. as a rument of the work of people like alan people are able to find success through relationship with a caring mentor. every time i see alan he always has a smile on his face. i caept imagine the student have ing a better mentor. he has been ininstrumental in facilitating the newly estab

thank you for coming together to celebrate apa accommodations. i would like to call up [inaudible] this man is one of my community partners in visitation valee. please give him a round of applause. [inaudible] is absolutely amazing. not only does he do work in the asian community but works in all. particularly targ lting the visitation valee neighborhood and specifically the hard to reach young people in sunny vale. this man does it effortlessly. he does it with a team of talented staff persons as well as equally devoteed board members. i watched curt grow progressionally since before i was on the board of supervisors. he is the executive director of rock which is a non profit organization called real option for city cidez which provide academic support [inaudible] attend school in visitation vamue. curt joined the volunteer in 1998 and in 2003 he fw came executive director. prior to rock curt spent a decade in corporate sector where he held a variety of business and technology consulting positions at small and large companies. rock serves the co

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i think that is what our challenges and it's probably understood as a challenge under the apa. even if that were not true and if you characterize her challenge i don't think i would change matters. the government itself of the supreme court in opposing an original petition filed their that was challenging the verizon order said the appropriate avenue for belief in the district court case such as the one we are litigating and are in the pilon. the government itself noted that it's true additional court action may not achieve precisely the same relief seide case mainly the fisk order that the plaintiffs would be entitled to receive an active remedy namely an injunction against illegal agency conduct. >> what happens if there are now two district courts which have come to opposite conclusions within a week and a half of each other. and they did it on the constitutional basis. supposing we were to refer and the d.c. circuit to do firstly you have one circuit that says it's unconstitutional. here's an injunction and the other one says we are certainly not going to give you an injunc

the apa denies coordinating its ethics policy with the u.s. government. an independent review convened by the group last year is still underway. a former port authority official an ally of new jersey governor chris christie is set to plead guilty over his role in the scandal surrounding lane closings on the george washington bridge in new york. the official david while -- the official, david walston, helped coordinate the closures with the top chris christie eight when he worked at the port authority. chris christie has denied having any knowledge, saying he only found out when the scandal broke open. but while steen has said evidence exists governor chris christie was aware at the time, contrary to his public statement. it is unclear which charges he will plead guilty to. he is expected to provide testimony at a hearing today. and independent senator bernie sanders of vermont has announced his bid for the democratic presidential nomination. launching his campaign, senator sanders said the nation's immoral economic system favoring the wealthy cannot conti

your position is that's already there under the apa. unless there is evidence of a judicial intent of a congressional intention to preclude judicial review. >> that's exactly right. that's the presumption created by the epa. the way that your honor articulated is the way supreme court articulated it time and again, and that is the government's burden in this case to show by clear and convincing evidence that congress intended to preclude our claims not our board to demonstrate that congress intended to create them. if i may, i'll move on to the merits of our statutory claim. so i was asking before, our first claim is that section 215 simply does not apply to call records. in the very same statute that congress enacted section 215 in 2001, it added a provision to the steward communications act prohibiting the government from acquiring phone records. it created exceptions to that prohibition, but section 215 is not among the list of those exceptions. that's critical. because under settled principles of statutory -- the specific communicat

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 requiring 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 aut

. >> we're learning our instagram feed to highlight apa culture where you live.ou are running out of time to see this sculpture exhibition by hung ye and the civic center plaza. this will be dismantled next week. we have more information on our abc 7 news bay area instagram feed. >>> and how small steps taken by scientists are having a big impact on the great barrier reef. >>> and a warning for beachgoers tomorrow. >>> and the semi-final teers tomorrow. we have a preview. and a holding off of the ♪ you should shop at grocery outlet first, ♪ ♪ because their prices arup to 60% less than what you'll ♪ ♪ find at regular stores. ♪ ♪ but wait - there's more! ♪ shop here first and you'll always find more bargains. ♪ but wait - there's more! ♪ amazing deals on big-name brands in every aisle. ♪ but wait - there's more! ♪ everyone gets a unicorn! umm...what? no they don't. ♪ grocery outlet. bargain market. ♪ >>> biologists say conservation efforts are working in a most diverse wildlife efforts on earth. a reef with the largest and one of the most diverse coral reefs in the

and patrick murphy was on the train and took these pictures apa dramatic scene inside and outside on the ground. >> it's an absolute disastrous mess. >> reporter: also on board, a producer from nbc nightly news. first responders don't know if everyone is accounted for at this hour. and the go team is going to investigate the crash. they are expected to arrive tomorrow morning. >>> thank you. a lot of kmurtcommuters on that train. and our coverage continues on web web.nbc bay area.com. >>> and round 8:00 this evening at the intersection of 6th and fulsm. two cars one of them a taxi cab, and hitting a cyclist. >>> we're also tracking developing news out of nepal after another powerful earthquake rocked that country. just a few hours ago the search for a missing marine helicopter rejumsume resumed. it's based out of camp pendalten and then crashed with six marines on board. there's been no destress call so far and also no signs of a crash. >>> and today's earthquake powerful and terrifying. the jolt killed dozens of people and left thousands of people hurt. the death toll is expected to

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i want to sauls say the apa heritage foundation did the hard work of pulling together funding from many different source squz want to thank the donors and the committee for the hard work selecting the theme doing the outreach and creating a list of different acing tairfbties and you can find the veryious events going in the city

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there's not an apa waiver of sovereign immunity. we are left with the constitutional argument, there, we think, that whether you do it at the level of smith versus maryland, which we think remains binding precedent and answers the question about the -- whether it's a fourth amendment search to get the records from the telephone companies in this context. or if you go to the special needs inquiry and the reasonableness approach. if you look at the program as a whole, not just the initial collection, but the fact that the fisc has authorized that collection only upon the imposition of robust controls of when the data may be queried, ha may be done with the results of the query, set out in the primary orders and reporting back to the fisc. this is not, respectfully, and this is reflected in the court's opinions, which have been declassified. not just the court accepting whatever the government offered, but making determinations according to its own statements that with these procedures, it's -- the program strikes an appropriate balanc

fell apa over regulatory issues. charter is not expected to have that kind of trouble.ave conducted hundreds of rescues it since last night. 11 inches of rain has fallen since yesterday. three people were killed. houston has shut down major freeways and all public transit. 12 people are still missing after their vacation home was swept away by floodwaters. amtrak is taking more safety steps in the wake of that fatal crash near philadelphia. the railroad will install video cameras to record the actions of train engineers. the engineer separate a head injury. he has told investigators he cannot remember what happened. stopkers in oregon want to nestle from opening a water bottling plant there. nestle wants to bottled water along the columbia river. the town would need oregon's department of fish and wildlife to sign up. toy say giving water rights a for-profit company is not in the public interest. , stocks soar in china with the shanghai composite index making its biggest extent advance since november of 2008. founder of area gives us his insight on the deal between char

the start of the sixth anawl apa filmestively at the college of san mateo. tonight they'll show "white light black rain." a more solemn film about the war but continuing tomorrow they've got lighter fare on east-west collaborations. blending indian dance plus american tap or the creation of asian american music. they'll be there in person for a workshop to follow on music and that's a rare treat. the start of the film festival mulan jr. because it's the first day of may because it's asian pacific heritage month. the more you know. back to you. >> thanks mike. >>> it's may 1, believe it or not. according to consumer reports it's a good month to find discounts. >> mattresses at some of their lowest prices this month. especially around memorial day. i never knew why. retailers moving out inventory to make way for new models. athletic apparel and outdoor gear. >> that's confusing. new models of mattresses. >> they just change the name. >> i think so. be right back. >>> you don't see this every day. deputies in pinellas county, florida helped wrangle a three-legg

the court said the constitutional claim could be reached because there was not in apa cause of action available. >> the only way that we can achieve constitutional avoidance in this case is by ruling against you on something statutory. otherwise we are forced to get there anyway. >> again, our position is -- >> i prefer that you not rule against us. here us. here congress has not provided jurisdiction for the court to reach the statutory claims. and so therefore we are left with the constitutional argument whether you do it at the level of smith versus maryland and answers the question about whether it is the 4th amendment search to get the records from the telephone companies in this context or if you go to the special needs inquiry and the reasonableness approach if you look at the program as a whole the fact that it is authorize that collection only upon the imposition of robust controls over when the data may be queried very elaborately set out and with reporting back, this is not respectfully just -- and i think this i think this is reflected in the courts opinions which is now b

i think that is what our challenges and it's probably understood as a challenge under the apa. even if that were not true and if you characterize her challenge i don't think i would change matters. the government itself of the supreme court in opposing an original petition filed their that was challenging the verizon order said the appropriate avenue for belief in the district court case such as the one we are litigating and are in the pilon. the government itself noted that it's true additional court action may not achieve precisely the same relief seide case mainly the fisk order that the plaintiffs would be entitled to receive an active remedy namely an injunction against illegal agency conduct. >> what happens if there are now two district courts which have come to opposite conclusions within a week and a half of each other. and they did it on the constitutional basis. supposing we were to refer and the d.c. circuit to do firstly you have one circuit that says it's unconstitutional. here's an injunction and the other one says we are certainly not going to give you an injunc

against this package, i will continue to fight for an on-time transfer of the apay chees from the -- apa choo e-- apaches from the national guard to the army. the chair: the gentleman from rhode island. mr. langevin: let me first say i want to thank chairman of the committee for his bipartisan cooperation. at this time we have no speakers at this point. i reserve the balance of my time. the chair: the gentleman reserves. the gentleman from texas is recognized. mr. thornberry: thank you, mr. chairman. i'm pleased to yield one minute to the distinguished gentleman from pennsylvania, mr. rothfus. the chair: the gentleman is recognized. mr. roth fust: i thank my friend for yielding. -- mr. rothfus: i thank my friend for yielding. since its establishment, the national guard has responded to national crises. after september 11 2001, they were once again called on to stand to post, deployed for months on end, leaving loved ones behind. unfortunately, the army's aviation structure is said to have a -- set to have a devastating impact not only on the national guard in pennsylvania but all of the

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