Because there were not looking for evidence of a legislative intent to create a right to judicial review. Your position is thats already there under the apa. Unless there is evidence of a judicial intent, of a congressional intention to preclude judicial review . Thats exactly right. Thats the presumption created by the apa. The way that your honor articulated it is the way the Supreme Court has articulated it time and again. Thats the governments burden to show by clear and convincing evidence that congress intended to preclude our claims, not our burden to demonstrate that congress intended to create them. If i may, ill move on to the merits of our statutory claim. As i said before, our first claim is that section 215 simply does not apply to call records. In the same statute that congress enacted section 215, in 2001, it added a provision to the stored Communications Act prohibiting the government from acquiring phone records. It created i exceptions to that prohibition. But section
Say these things. This say trend unfortunately we see. Nominees start out in support. They change their mind. Which suggests we cant wait out this issue. Its not an age issue. This is a concern about the public and that we keep hearing this concern that the public wont understand what theyre seeing, that they wouldnt understand oral argument is just a part of the process. They wont understand that the justices have to be harsh on both sides. They mied think someone is getting ganged up on. I find this to be concerning because it suggests that more information is actually going to be bad for the public, that the public needs to be shielded from information. It does seem to have an elitism to it that already those of us who do read the transcripts and li listen to the audio or read the reports from the Supreme Court press corps, that were the types that can understand where oral argument falls but tv would reach a different kind of audience who wouldnt understand it. I find this very con
Whether the nsa collects any kind of data at all about millions or tens of millions of americans. He said no. But much more often there is just radically misleading information. There are comments made. There is information provided that if a friend or Family Member did that to you, you would consider them to have betrayed you. You would consider them to have deliberately led you down the wrong path. Here is an example, the collection of all the call records. He does keep coming back to that and not the overseas collection. I want to go through all of it. But for a long time the government said, we wont tell you at all how many times we use this power that the patriot act gave us to collect Business Records. Its the Business Records provision. It would its top secret, which means it would do grave harm to the security of the United States if we told the number of times we used it. Then Congress Passed a law requiring them to disclose how many times they used it. They came out one year
And how best to go about changing our game to reflect that. So thats how we ended up adding creating a unified concussion protocol and returntoplay protocol for our sideline. Thats how we ended up with additional concussion experts on the sideline. This is based on the advice of outsiders who tell us this is the best way to handle your players, this is the best way to treat the game, and if you want a culture of safety, this is what you would do. We followed their advice strictly and meet with them very frequently. I noticed your title is Senior Vice President of health and safety policy. Is that position thats got to be a position that didnt exist 20 years ago. It did not exist 20 years ago. Im proud to be in that role. Its an exciting one. I know this hearing is on concussions, but since youre here, i got to ask you one other question that may be a little different topic. Over the last few years, ive communicated with the nfl about my concerns about the issue of Human Growth Hormone
Cspans 2014 student cam competition is under way. This competition for middle and High School Students will award 150 prizes. Create a five to seven minute documentary on the topic, the three branches and you. Videos need to include cspan programming, show varying points of view and be submitted by january 20, 2015. Go to studentcam. Org for information. Grab a camera and get started today. Tonight on cspan, American History tv examines spying in the u. S. Well start at 8 00 with a tour of the cia museum. Then a look at spying during the civil war. After that german espionage against the u. S. During world war ii. Later a conversation about the soviet and u. S. Spies of the cold war. This weekend on the cspan networks. Tonight at 9 00 p. M. Eastern on cspan, a Memorial Service for president reagans press secretary james brady. Saturday at 9 00 p. M. Eastern former secretary of state colin powell talks about world affairs. Sunday evening at 8 00 on q a, author Robert Timburg talks about