Daily Archives: May 19, 2016

Judge Orders DoJ to Take Ethics Class

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He should have suspended their law licenses.

Hanen also ordered Attorney General Loretta Lynch to present a “comprehensive plan” to the court within 60 days about how to prevent future “unethical conduct.” And he ordered Lynch to notify the court within 60 days about steps she was taking to ensure the Office of Professional Responsibility—the DOJ office that oversees attorney conduct—was effectively policing lawyers within the department. “The court cannot help but hope that the new Attorney General, being a former United States Attorney, would also believe strongly that it is the duty of DOJ attorneys to act honestly in all of their dealings with a court, with opposing counsel and with the American people,” Hanen wrote. More at National Law Journal including the text of the Judge’s order.

Judge orders ethics classes for ‘deceptive’ DOJ attorneys

Examiner: A federal judge has ordered annual ethics classes for Justice Department attorneys as a punishment for being “intentionally deceptive” during litigation over President Obama’s executive immigration orders.

“Such conduct is certainly not worthy of any department whose name includes the word ‘Justice,'” U.S. District Judge Andrew Hanen wrote in a withering order released Thursday.

Justice Department attorneys misled the court about when the Department of Homeland Security would begin implementing President Obama’s executive order granting “deferred action” to illegal immigrants whose children are citizens. In doing so, they tricked the 26 states who filed a lawsuit into “foregoing a request for a temporary restraining order,” according to the judge.

The facts of the deception are not in doubt, Hanen emphasized. “[DOJ] has now admitted making statements that clearly did not match the facts,” he said in the May 19 opinion, first noted by the National Law Journal. “It has admitted that the lawyers who made these statements had knowledge of the truth when they made these misstatements … This court would be remiss if it left such unseemly and unprofessional conduct unaddressed.”

As punishment, Justice Department attorneys who wish to appear in any state or federal court within the 26 states that brought the lawsuit have to undergo annual ethics training. “At a minimum, this course (or courses) shall total at least three hours of ethics training per year,” he wrote.

In another case, such “egregious conduct” would lead him to strike the government’s pleadings, but Hanen decided not to take that step because the Supreme Court heard oral arguments in the case in April.

“The national importance of the outcome of this litigation outweighs the benefits to be gained by implementing the ultimate sanction,” Hanen wrote. “Striking the government’s pleadings would not only be unfair to the litigants, but also unfair, and perhaps even disrespectful, to the Supreme Court as it would deprive that Court of the ability to thrash out the legal issues in this case.”

Hanen cited multiple instances in which Justice Department attorneys claimed that Department of Homeland Security directive announced in November of 2014 would not be implemented until February 18, 2015, even though they knew that DHS had begun implementing a portion of the order that pertained to the original “deferred action for childhood arrivals” policy announced in 2012.

“Apparently, lawyers, somewhere in the halls of the Justice Department whose identities are unknown to this court, decided unilaterally that the conduct of the DHS in granting three-year DACA renewals using the 2014 DHS directive was immaterial and irrelevant to this lawsuit and that the DOJ could therefore just ignore it,” Hanen wrote. “Then, for whatever reason, the Justice Department trial lawyers appearing in this Court chose not to tell the truth about this DHS activity. The first decision was certainly unsupportable, but the subsequent decision to hide it from the Court was unethical.”

Hanen seemed to lament that he couldn’t disbar the attorneys involved, but he barred the out-of-state attorneys from enjoying the right to practice law in Texas.

“The court does not have the power to disbar the counsel in this case, but it does have the power to revoke the pro hac vice status of out-of-state lawyers who act unethically in court,” he wrote. “By a separate sealed order that it is simultaneously issuing, that is being done.”

How Many Times did Russia Buzz the U.S.?

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Navy releases nearly two dozen videos of Russian jets, helicopter buzzing USS Donald Cook

PilotonLine:The Navy has released new video of two Russian jets buzzing the USS Donald Cook in the Baltic Sea last month, as well as video of a Russian helicopter circling the destroyer.

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The Navy released nearly two dozen videos of the incident in response to a Freedom of Information Act request from The Virginian-Pilot. The Navy had previously uploaded four videos to YouTube of two Russian Su-24 jets making close-range, low-altitude passes near the ship on April 11 and 12.

The newly released videos show additional angles and commentary from sailors. At one point, a sailor is heard saying “Oh my God” as the jets pass close by. The Russian jets repeatedly flew next to and over the Donald Cook in what the Navy says was a simulated attack profile and didn’t respond to repeated safety advisories issued in English and Russian.

The Navy criticized the passes by the jets and the KA-27 Helix helicopter. The Russian jets appeared unarmed and the helicopter’s crew was seen photographing the Donald Cook.

“We have deep concerns about the unsafe and unprofessional Russian flight maneuvers,” the Navy said in an April 13 statement about the incident. “These actions have the potential to unnecessarily escalate tensions between countries and could result in a miscalculation or accident that could cause serious injury or death.”

Russia’s Defense Ministry in April said the Navy’s criticism was “not consistent with reality” and that the Russian aircraft had “performed strictly in accordance with the international regulations on the use of airspace.”

The Donald Cook was based in Norfolk until 2014, when it moved to Rota, Spain. A Russian Su-24 Fencer attack aircraft repeatedly flew near the Donald Cook in the Black Sea that year.

The U.S. Navy has released more photographs, taken from aboard USS Donald Cook, an Arleigh Burke-class guided-missile destroyer that was buzzed by Russian Su-24M attack aircraft on Apr. 12.

Although quite provocative, the low passes that the Russian Sukhois performed near the ship (within 1,000 feet once coming as close as 30 feet to the destroyer) had little to be worried about: the aircraft depicted in the photographs are unarmed Sukhoi Su-24M bombers, most probably conducting “simulated attacks” on the American warship at sea.

According to the Russian MoD the Fencers skirted the Donald Cook in international waters some 70 km from a Russian Navy base.

Aviationist: For sure, close encounters at sea occur: in April 2014, when a Russian Su-24MR, flew within 1,000 yards of the USS Donald Cook, that was operating in the Black Sea following the crisis in Ukraine: a show of force considered  “provocative and inconsistent with international agreements.”

On Mar. 3, 2015, Russian Su-30s and Su-24s aircraft from Russia’s Black Sea Fleet based in Crimea conducted attack runs on NATO warships operating in the Black Sea “to practice penetrating anti-air systems.”

On Oct. 27, 2015, USS Ronald Regan, sailing in international waters east of the Korean peninsula, had to scramble four Hornets after two Russian Navy Tu-142 Bear aircraft flew within a nautical mile of the U.S. Navy nuclear-powered aircraft carrier.

In 2008, USS Nimitz operating in the Pacific had to launch some Hornets to intercept and escort two Tu-95s approaching the carrier.

So, such close encounters have occurred since the Cold War and they have never really escalated even though there are rumors of U.S. Navy officers facing active jamming activities by some Russian planes in the past.

Nothing special then. At least, until something more happens…

Image credit: U.S. Navy

Has Jeh Johnson of DHS Stood in Line at TSA?

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the TSA also cannot publicly point to many significant attacks thwarted at airport gates, leading experts to insist that its protocols should be considered largely ineffective.

Rafi Sela, president of international transportation security consultancy AR Challenges, said the agency’s nearly $8 billion budget is largely being misspent on a misguided model. Politico 

TheVerge: Security lines at airports around the US are growing longer and longer. And that’s infuriating airlines, airports, passengers, and our elected officials alike. The long lines at the TSA-staffed security checkpoints are delaying fights and causing people to miss their planes. But ironically, passengers and airlines — the two groups most affected — are the ones who can do the least about it.

“Logistically, we don’t have the opportunity to hold flights for hours,” Ross Feinstein, a spokesperson for American Airlines, said in an interview with The Verge. Passengers “get to the gate too late and they can’t get rebooked for days or a week. That’s our concern, the impact it’s having on our customers.” Naturally, frustrated customers take their anger out on airline employees or, increasingly, airline Twitter accounts. “We see it every day on social media. They’re very upset, and our employees are very concerned.”

 Related: Statement By Secretary Jeh C. Johnson On Inspector General Findings On TSA

But the airlines can’t fix the problem. Security lines are handled by the TSA and individual airports. The Port Authority of New York and New Jersey, which is in charge of JFK, LaGuardia, and Newark airports — three of the busiest in the country — recently sent a letter to the TSA urging it to fix the problems and threatening to use private security contractors to handle security screening.

hiring private contractors to handle screening isn’t a crazy idea

Hiring private security isn’t some crazy idea. Though most airport security checkpoints are manned by TSA agents, there are a handful of airports enrolled in the Screening Partnership Program (SPP), a TSA effort that allows private security contractors to screen passengers under federal supervision. It’s a program championed by Congressman John Mica (R-FL), a longtime TSA foe. There are nearly two dozen airports enrolled in SPP, including SFO in San Francisco, and Mica says it’s the way of the future.

“The TSA is destined to fail in its current structure,” Mica told The Verge. “It’s a huge bureaucracy.” The TSA is currently funded for 45,000 screeners, up from 16,000 when the Administration was formed in 2002. “We have 13,000 more administrative personnel, of which 4,000 are located within a few miles of the US Capital making an average of $104,000 per year. Incompetence highly paid, screeners not well paid.”

Mica says that TSA is staffed with government bureaucrats who have no incentive to execute well and are focused on “hassling innocent passengers.” He says the agency knows how many passengers will be passing through an airport checkpoint weeks in advance and that it still fails to “staff to traffic” — scheduling enough screeners to properly handle the number of passengers.

 Related: TSA, an ‘abominable failure’

His solution is to have TSA set protocols, requirements, and guidelines, and have private contractors handle the day-to-day passenger screenings. Both the Department of Defense and the Department of Energy use private security contractors at military bases and nuclear installations. If it’s good enough for nuclear plants, Mica asks, why isn’t it good enough for our airports?

getty tsaPhoto by John Moore/Getty Images

Unsurprisingly, not everyone in Congress agrees. One of them is Rep. Donald M. Payne, Jr. (D-NJ), who is on the House Homeland Security Subcommittee on Transportation Security and whose district includes Newark airport. “I think TSA is more than capable, if it has the manpower to do the job,” Payne told The Verge. “TSA, when given the manpower and proper utilization, has done an outstanding job and there has not been another attack on an American airport since TSA has been on the job.”

And that’s true. But luck may be playing a role. A leaked report showed that TSA failed to detect weapons and explosives 95 percent of the time in an internal Homeland Security test. A Homeland Security Inspector General’s report called an $878 million screening program, meant to detect suspicious behaviors at checkpoints, “expensive and ineffective.” That program reportedly failed to detect a single terrorist.

morale is a big problem at the TSA

It’s not easy to be on the front lines for the TSA agents either. “Morale is a big problem with the TSA. It’s a thankless job,” says Payne. “All you’re dealing with are people who arrive at the airport late, that want to move through the line expeditiously, and weren’t necessarily there when they should have been. But now they want the whole process to be expedited for their benefit. Sometimes it just doesn’t work that way.”

TSA, for its part, puts most of the blame on the increased number of passengers and on the fact that travelers use more carry-ons because of airline baggage fees. The airlines disagree. “There has not been a huge surge,” says Feinstein. “There are more people traveling, yes, but it’s around a 4 percent increase [over last year]. I don’t think anyone saw two-and-a-half hour wait times last summer. It’s not proportional. It doesn’t equate to a 500 percent increase in wait times.”

“Encouraging passengers to check more bags will not help and would actually exacerbate current checked baggage screening issues that are resulting in passengers missing their connections and having their bags delayed,” said Melanie Hinton, a spokesperson for Airlines for America, an industry trade group. “Even at Midway [Airport in Chicago], served predominantly by an airline that doesn’t charge bag fees, wait times are in excess of 90 minutes, further demonstrating that this problem is not a result of bag fees,” she said. (Southwest Airlines, the largest carrier at Midway, doesn’t charge fees for checked baggage.)

TSA refused our requests for an interview.

the entire industry is frustrated

Some airlines are trying to ease the dire situation by deploying their own forces. American Airlines, for example, has assigned employees to help manage non-screening functions at security checkpoints in an attempt to free up more TSA employees for screening. They’re handling things like telling flyers to remove their shoes or throw out water bottles, as well as moving plastic trays from one end of the security line to the other. But that’s only a short-term solution, and something of a last-ditch attempt at that.

“The entire industry is frustrated,” says Feinstein. “We have issues at DFW, LAX, Denver, Newark. It’s not isolated to a hub, it’s across the board.”

The situation isn’t likely to improve any time soon. Peak travel season begins around Memorial Day and really gets going in mid-June. “This isn’t even peak summer and we can’t rebook passengers on these flights,” Feinstein says. What we’re seeing with the long lines “really does concern us.”

Hey State Dept. What’s the Hurry?

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Office of the Spokesperson
Washington, DC
May 19, 2016

Terrorist Designations of ISIL-Yemen, ISIL-Saudi Arabia, and ISIL-Libya

U.S. State Department: The Department of State has announced the designation of the Islamic State of Iraq and the Levant’s (ISIL’s) branch in Libya (ISIL-Libya) as a Foreign Terrorist Organization under section 219 of the Immigration and Nationality Act (INA). Today, the Department is also simultaneously designating ISIL-Libya, along with the ISIL branches in Yemen and Saudi Arabia, as Specially Designated Global Terrorists under Section 1(b) of Executive Order (E.O.) 13224, which imposes sanctions and penalties on foreign persons that have committed, or pose a serious risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States.

The consequences of the FTO and E.O. 13224 designations include a prohibition against knowingly providing, or attempting or conspiring to provide, material support or resources to, or engaging in transactions with, these organizations, and the freezing of all property and interests in property of these organizations that is in the United States, or come within the United States or the control of U.S. persons. The Department of State took these actions in consultation with the Departments of Justice and the Treasury.

ISIL-Yemen, ISIL-Saudi Arabia, and ISIL-Libya all emerged as official ISIL branches in November 2014 when U.S. Department of State-designated Specially Designated Global Terrorist and ISIL leader Abu Bakr al-Baghdadi announced that he had accepted the oaths of allegiance from fighters in Yemen, Saudi Arabia, and Libya, and was thereby creating ISIL “branches” in those countries.

While ISIL’s presence is limited to specific geographic locations in each country, all three ISIL branches have carried out numerous deadly attacks since their formation. Among ISIL-Yemen’s attacks, the group claimed responsibility for a pair of March 2015 suicide bombings targeting two separate mosques in Sana’a, Yemen, that killed more than 120 and wounded over 300. Separately, ISIL-Saudi Arabia has carried out numerous attacks targeting Shia mosques in both Saudi Arabia and Kuwait, leaving over 50 people dead. Finally, ISIL-Libya’s attacks have included the kidnapping and execution of 21 Egyptian Coptic Christians, as well as numerous attacks targeting both government and civilian targets that have killed scores of people.

After today’s action, the U.S. Department of State has now sanctioned eight ISIL branches, having previously designated ISIL-Khorasan, ISIL-Sinai, Jund al-Khilafah in Algeria, Boko Haram, and ISIL-North Caucasus. Terrorism designations are one of the ways the United States can expose and isolate organizations and individuals engaged in terrorism, impose serious sanctions on them, and enable coordinated action across the U.S. Government and with our international partners to disrupt the activities of terrorists. This includes denying them access to the U.S. financial system and enabling U.S. law enforcement actions.