Hillary’s Aides Violated the Immunity Agreements…

 Heather Samuelson Image result for john bentel state department

We have come to understand the FBI was never going to take the Hillary email/server investigation seriously and the notion of lack of ‘intent’ was just another cover. Why? Well when the Barack Obama used as pseudonym to communicate with Hillary on yet another non dot gov email account and had at least another 22 email communications, the executive protection was applied. So, this FBI investigation was just a formal gesture.

Providing immunity to at least 5 witnesses involved was not really necessary but since no one trusts anyone else in Washington DC, Beth Wilkinson the lawyer of record for Hillary’s inner circle demanded immunity and those agreements do have limitations. But is anyone asking about the limitations or violations of immunity agreements? Yes…

***

Clinton confidant’s immunity deal looms over debate: Jonathan Turley

FBI appears to have undermined its own investigation with ill-considered witness agreements.

USAToday: When FBI Director James B. Comey announced that there would be no criminal charges in the Clinton email scandal, there was an outcry by many who saw glaring contradictions, attempts to destroy evidence, and knowing failures to protect classified or sensitive information.  At the time, I acknowledged that Comey’s decision was understandable and, while criminal charges might have been possible, this was not out of bounds of prosecutorial discretion. However, the news this week of a previously undisclosed immunity deal with a top Clinton aide raises serious questions over the handling of the FBI investigation.

The latest recipient of an immunity deal from the Justice Department is one of Clinton’s closest aides and a figure at the heart of the email scandal, Cheryl Mills. She joins two other central figures in benefiting from such deals: former State Department staffer, Bryan Pagliano and tech specialist Paul Combetta. In addition to at least two other immunized witnesses according to the Associated Press, they represent the big three of officials involved in the underlying allegations of Clinton’s potential criminal conduct. Their collective immunization is baffling.

For the Obama Administration, the criminal investigation into the Democratic presidential nominee and its prior secretary of State came with a heightened level of public scrutiny and skepticism. Many doubted that the administration would seriously pursue the Clintons, a family of political royalty in both Democratic and establishment circles. The easiest way for prosecutors to scuttle a criminal case is to immunize those people who are at the greatest risk of criminal indictment. Often prosecutors will avoid immunity deals in favor of offering plea bargains to key players, tying their cooperation against others to reduced sentences. Although a witness can lose an immunity deal by withholding evidence or lying, a witness can undermine cases against superiors by tailoring their accounts or memories to avoid statements showing intent or knowledge.

Before the disclosure of the Mills immunity deal, the two prior deals were curious given the evidence against both Pagliano and Combetta. Pagliano set up the notorious private server and later joined Clinton at the State Department, where various people raised objections to her use of unsecured communications. If Pagliano was problematic, Combetta’s immunity deal was perplexing. Combetta used a product called BleachBit to eradicate evidence of Clinton emails after a telephone conference with Clinton staffers. When he used the product, he admitted that he knew that Congress had issued a subpoena ordering the preservation of the evidence. Then, this month, it was alleged by a “Twitter sleuth that Combetta, acting under the alias “stonetear,” solicited advice on how to change email records to remove a “VIP’s (VERY VIP) email address.”  Either Combetta did not disclose this effort in violation of his immunity deal or the Justice Department effectively removed a serious threat of indictment though the agreement. Despite immunity deals pledging cooperation with all parts of the government, both Pagliano and Combetta have refused to answer questions from Congress, and Pagliano is facing a contempt sanction.

Mills is a participant in key emails and features prominently in allegations of destroyed emails. She was alleged to have been informed repeatedly of the dangers to national security, particularly regarding Clinton’s use of a personal BlackBerry. She was also central in the deletion of tens of thousands of emails that Clinton claimed were purely personal and not work related.

Many of those emails are now known to have discussed official issues and potentially embarrassing disclosures. Mills’ role in the later investigations has also been controversial. Surprisingly, defense attorney Beth Wilkinson  agreed to jointly represent various former aides, including not just Mills but Deputy Chief Jake Sullivan, Mills’ deputy Heather Samuelson, and Clinton spokesman Philippe Reines. Wilkinson is a very accomplished lawyer and there is no evidence of unethical acts. However, attorneys rarely represent parties with potential conflicts of interest and the agreement allowed for a single attorney to monitor the consistency of aides in their accounts.

The joint representation of the Clinton aides increased the chance for a uniform account in the controversy. Making this even more concerning is that Mills was allowed by the FBI to sit in on the interviews with Clinton, despite that fact that she was a key witness herself in the investigation. Mills, who is a lawyer, did not hold a legal position at the State Department and should have been excluded from the interviews. Finally, Mills has continuing interests in the election of Hillary Clinton, a development that would place her at the very top of the government. 

Of all of the individuals who would warrant immunity,, most would view Mills as the very last on any list. If one assumes that there may have been criminal conduct, it is equivalent to immunizing H.R. Haldeman and John D. Ehrlichman in the investigation of Watergate. Mills appears repeatedly at critical moments as one of the most senior figures making decisions or monitoring events, including being informed as Clinton chief of staff of the search for emails by the State Department in response to a Freedom of Information demand in 2012 (three years before the disclosure of Clinton’s use of a private email server). In such circumstances, immunity can amount to impunity. Immunity does not remove the threat of prosecution, but it certainly reduces that threat, while the value of defending prior benefactors or loyalties can remain. Given the overlapping immunity deals, many will now find it unsurprising that Comey did not find evidence of “intentional misconduct or indications of disloyalty . . .  or efforts to obstruct justice.”

Comey removed the greatest threat that could have been used to get two underlings to implicate senior officials, and then gave immunity to the senior official most at risk of a charge. In the land of the immunized, the degree of cooperation can sometimes be as difficult to establish as the truth.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and a member of USA TODAY’s board of contributors.

 Immunity Process Denoted by the Justice Department

9-23.100 – Witness Immunity—Generally

This chapter contains the Department’s policy and procedures for seeking “use immunity” under Title 18 U.S.C. §§ 6001-6005. Sections 6001 to 6005 provide a mechanism by which the government may apply to the court for an order granting a witness limited immunity in all judicial, administrative, and congressional proceedings when the witness asserts his or her privilege against self-incrimination under the Fifth Amendment. (Section 6003 covers court and grand jury proceedings, Section 6004 covers administrative hearings, and Section 6005 covers congressional proceedings.)

See the Criminal Resource Manual at 716 through 719, for an overview of the differences between the various types of immunity, including use immunity, derivative use immunity, transactional immunity and informal immunity.

NOTE: Although Title 21 of the United States Code contains similar immunity provisions to those contained in Title 18, the Department of Justice utilizes only those provisions contained in Title 18.


9-23.110 – Statutory Authority to Compel Testimony

Section 6003 of Title 18, United States Code, empowers a United States Attorney, after obtaining the approval of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any designated Assistant Attorney General or Deputy Assistant Attorney General in the Department of Justice (DOJ), to seek a court order to compel testimony of a witness appearing in court proceedings or before the grand jury. Additional information regarding the approval process is set forth in USAM 9-23.130, below, and the Criminal Resource Manual at 720.


9-23.130 – Approval by Assistant Attorney General to Compel Testimony

The Attorney General has designated the Assistant Attorneys General and Deputy Assistant Attorneys General of the Criminal, Antitrust, Civil, Civil Rights, Environmental and Natural Resources, and Tax Divisions to review (and approve or deny) requests for immunity (viz., authorization to seek compulsion orders) in matters assigned to their respective divisions (28 C.F.R. Sec. 0.175), although this approval is still subject to Criminal Division clearance. This authority extends to requests for immunity from administrative agencies under 18 U.S.C. § 6004. This delegation also applies to the power of the Attorney General under 18 U.S.C. § 6005 to apply to the district court to defer the issuance of an order compelling the testimony of a witness in a congressional proceeding.

NOTE: All requests for immunity, including those whose subject matter is assigned to a Division other than the Criminal Division, must be submitted to the Criminal Division, and no approval may be granted unless the Criminal Division indicates that it has no objection to the proposed grant of immunity (28 C.F.R. Sec. 0.175).

Requests for authorization to seek to compel testimony should be processed as described in the Criminal Resource Manual at 720, using the form contained in the Criminal Resource Manual at 721.

Obtaining the Court Order Criminal Resource Manual at 723
Expiration of Authority to Compel Criminal Resource Manual at 724
Use of Immunized Testimony by Sentencing Court Criminal Resource Manual at 725
Steps to Avoid Taint Criminal Resource Manual at 726
Civil Contempt Criminal Resource Manual at 727
Criminal Contempt Criminal Resource Manual at 728

 

[cited in USAM 9-23.110Criminal Resource Manual 721]


9-23.140 – Authority to Initiate Immunity Requests

Assistant United States Attorneys, with the approval of the United States Attorney or, in his or her absence, a supervisory Assistant United States Attorney, and Department attorneys, with the approval of an appropriate Assistant Attorney General or Deputy Assistant Attorney General of DOJ, may initiate requests to compel testimony under the use immunity statute.


9-23.210 – Decision to Request Immunity—The Public Interest

Section 6003(b) of Title 18, United States Code, authorizes a United States Attorney to request immunity when, in his/her judgment, the testimony or other information that is expected to be obtained from the witness “may be necessary to the public interest.” Some of the factors that should be weighed in making this judgment include:

  1. The importance of the investigation or prosecution to effective enforcement of the criminal laws;
  2. The value of the person’s testimony or information to the investigation or prosecution;
  3. The likelihood of prompt and full compliance with a compulsion order, and the effectiveness of available sanctions if there is no such compliance;
  4. The person’s relative culpability in connection with the offense or offenses being investigated or prosecuted, and his or her criminal history;
  5. The possibility of successfully prosecuting the person prior to compelling his or her testimony;
  6. The likelihood of adverse collateral consequences to the person if he or she testifies under a compulsion order.

These factors are not intended to be all-inclusive or to require a particular decision in a particular case. They are, however, representative of the kinds of factors that should be considered when deciding whether to seek immunity.

APT 28: Russian Cyber Attacks Britain and Germany as Well as U.S.

APT 28:

TechTimes: FireEye said in a white paper they released in 2014 that APT 28 had launched attacks against military and political organizations beginning in 2007. Other targets that the Kremlin have special interest in include the NATO alliance offices and government officials in Georgia. In these attacks, the group had reportedly gathered “malware samples with Russian language settings during working hours consistent with the time zone of Russia’s major cities, including Moscow and St. Petersburg.”

The APT 28 used the same tools and hit the same targets performed by the Pawn Storm hackers that were described by security firm Trend Micro in a separate report. According to the company, the Pawn Storm hacking group recently increased their activity and targeted bloggers who conducted interviews with President Barack Obama. There is also speculation that the group had stolen online credentials of a military correspondent of an unnamed major publication in the U.S. More here.

 

RUSSIA’S HACKERS HIT BRITAIN

Putin’s cyber warriors the Fancy Bears targeted government websites and the BBC in the run-in to last year’s election

Defensive measures deployed to thwart the attack by Fancy Bears after it was discovered by spy agency GCHQ

TheSun: A RUSSIAN cyber attack on British government departments and TV broadcasters in the run-up to last year’s general election was thwarted by intelligence agencies, it emerged today.

GCHQ boffins halted the “imminent threat” by Kremlin-backed hackers Fancy Bears – the group behind the leak of Olympic athletes’ doping files.

Dimbleby on the BBC election show

Russian hackers targeted government departments and broadcasters including the BBC in the run-up to the 2015 general election.
***
The revelation of the attack on the British election comes amid concerns Russian hackers are attempting to disrupt the US presidential race.Last week another Russian group, DC Leaks, hacked White House servers to obtain what appeared to be Michelle Obama’s passport.

Fancy Bears planned to attack every Whitehall server including the Home Office, Foreign Office and Ministry of Defence, security officials told the Sunday Times.

They were also targeting all the main UK broadcasters including the BBC, ITV, Channel 4 and Sky.

cyber-caliphate

Getty Image: An attack on France’s TV5Monde network claimed on behalf od ISIS by the ‘Cyber-Caliphate’ was traced to the Fancy Bears in Moscow
***

The GCHQ eavesdropping agency uncovered the threat after probing the group’s successful attack against TV5Monde, one of France’s biggest TV networks, in April last year.

It was feared ISIS had reached new levels in its ability to wage cyber war after all 11 of the French broadcasters channels were take off air and its website was flooded with jihadist propaganda.

Related reading: Russia ‘was behind German parliament hack’

But GCHQ traced the hack – claimed by a group calling themselves the “Cyber-Caliphate” – back to Moscow and then uncovered they were planning to hit Britain next.

Analysts feared that the Putin-sponsored group could “embarrass” pillars of the British state and took defensive measures to protect government departments.

Senior security officials are also understood to have warned the TV networks so they could defend themselves.

One security official said: “We had information, and it could have been activated, which is why it was an imminent threat.

“They certainly could have defaced a website for propaganda reasons and they could have possibly taken it down.”

It is the first known threat by the Kremlin-backed hackers to interfere in the British political process.

News of the attack comes after Fancy Bears published details of athletes including Mo Farah and Sir Bradley Wiggins hacked from the global anti-doping watchdog Wada.

Papers revealed they were given medical exemption certificates to use banned drugs.

Fancy Bears website

AP:Associated Press: The Fancy Bears leaked confidential medical filed on dozens of Olympic athletes after hacking the anti-doping body Wada
***

In July the hackers were blamed for the leak of 20,000 damaging emails from the US Democratic National Committee – just as it was about to confirm Hillary Clinton as presidential candidate.

The intervention was seen a Moscow’s attempt to boost Donald Trump’s chances in the election.

The group is thought to be behind a shutdown of the national grid in Ukraine and attacks on the governments of Syria, Uzbekistan, Pakistan and the United Arab Emirates.

Fancy Bears also targeted the BBC, The Guardian, Al Jazeera, Reuters, CNN, Farnborough arms fair, defence contractor Northrop Grumman, one cyber security report says.

Separately a list published by security experts at the PwC consultancy shows 245 apparent Fancy Bears attacks on targets including Nato, the Chilean military, Apple, Google, the German ministry of defence and the Polish and Hungarian governments.

There is no suggestion any of these has been successful although one firm on the list, Yahoo, last week admitted the personal information of 500million users had been stolen by what it called “state-sponsored” hackers in late 2014.

****

BroadbandTVNews: The BBC, ITV, Channel 4 and Sky were involved in what David Anderson QC, the independent reviewer of terrorism legislation, described the incident as a “possible imminent threat” to the UK. The Sunday Times reports that Anderson said the government’s monitoring agency GCHQ “deployed a capability to protect government networks from this cyber-attacker”.

The information was revealed in a previously unnoticed report released in July. Broadcasters were warned of the potential threat and advised to take action.

British security officials have told the paper the group plotting the attack was Fancy Bears, also known as APT28 and Sofacy, the same group that last April brought down the French international broadcaster TV5 Monde.

Within a few seconds of the April 8th attack, all of TV5’s channels stopped broadcasting, and it also lost control of its sites and social profiles. On screen messages declared allegiance to ISIS.

7700 Terrorists at the Southern Border

Oh….another leak and no word from the Department of Homeland Security….

Leaked FBI Data Reveal 7,700 Terrorist Encounters in USA in One Year; Border States Most Targeted

Breitbart: Leaked documents with sensitive FBI data exclusively obtained by Breitbart Texas reveal that 7,712 terrorist encounters occurred within the United States in one year and that many of those encounters occurred near the U.S.-Mexico border. The incidents are characterized as “Known or Suspected Terrorist Encounters.” Some of the encounters occurred near the U.S.-Mexico border at ports-of-entry and some occurred in between, indicating that persons known or reasonably suspected of being terrorists attempted to sneak into the U.S. across the border. In all, the encounters occurred in higher numbers in border states.

Some of the documents pertain to the entire U.S., while others focus specifically on the state of Arizona. The documents are labeled, “UNCLASSIFIED/LAW ENFORCEMENT SENSITIVE” and contain data from the FBI-administered Terrorist Screening Center, the organization maintaining the Terrorist Screening Database, also known as the “Terror Watch List.”

 CNN

The leaked FBI data are contained in a fusion center’s educational materials, specifically the Arizona Counter Terrorism Information Center’s (ACTIC) “Known or Suspected Terrorist (KST) Encounters Briefing” covering from July 20 2015 through July 20 2016. The leaked documents are composed of 10 individual pages, but Breitbart Texas chose to release only nine of them due to page 10 containing contact information for ACTIC.

Page Two of the documents contains a map of the entire U.S. with the numbers of encounters per state. The states with the highest encounters are all border states. Texas, California, and Arizona–all states with a shared border with Mexico–rank high in encounters.

Page Three shows a map of where the encounters occurred in the state of Arizona. The majority from this map occurred in Phoenix, a major destination point for people who illegally cross the U.S.-Mexico border. The map also shows that encounters occurred at ports-of-entry, likely from persons either walking up and asking for asylum or from Sinaloa cartel attempts to smuggle them into the U.S. in vehicles. Most significantly, the map shows that many of the encounters occurred near the border outside of ports-of-entry, indicating that persons were attempting to sneak into the U.S.

Page Six shows a pie chart indicating that the majority of encounters in Arizona were with Islamic known or suspected terrorists, both Sunni and Shi’a. Eighty-nine encounters were Sunni, 56 were Shi’a, 70 were “Other International Terrorist Groups or Affiliates,” and only 52 were with “Domestic Terrorism.”

Page 7 contains definitions to help understand the maps.

Breitbart Texas provides the leaked documents and data below: (Go here to see all pages)

Page 1 of 9 by Brandon Darby on Scribd

Related reading:

2012: Inside a secret U.S. Terrorist Screening Center

(CBS News) The Terrorist Screening Center is one of the U.S. government’s most secure buildings. It is home to the nation’s top secret terrorist databases.

For CBS to gain access, no sound could be recorded and only one agent could be identified, Tim Healy.

He is the FBI veteran who currently runs the center.

“We are the only country in the world that has a terrorist watch list.”

The center was founded in 2003 in response to the 9/11 attacks. Their job is to gather intelligence about possible terrorists both in the United States and abroad.

The watch list contains about 520,000 people world wide suspected of having ties to terrorism. Names on the list are added and subtracted daily, but who in on the list remains a secret.

“We don’t confirm anyone’s existence on the watch list,” said Healy.

In addition to the watch list, Healy oversees a second more critical list, the “No Fly List”.

“If you have information that the guy wants to blow up a plane, I can keep him off a plane,” said Healy. “If I’ve [got] information he wants to conduct a terrorist attack, I can keep him off a plane.”

There are about 20,000 people on the “No Fly List”. Seven-hundred of them are Americans and they are considered too much of a risk to allow onto an airplane.

Names on the various watch lists surface each day in calls to the center. For example, each time a police officer run someone’s ID through a computer, that person is checked against the lists.

“So if you are speeding, you get pulled over, they’ll query that name. And if they are encountering a known or suspected terrorist, it will pop up and say call the Terror Screening Center,” said Healy. “So now the officer on the street knows he may be dealing with a known or suspected terrorist.”

The center averages about 55 encounters a day from people who are known or suspected terrorists.

In most cases, according to Healy, the encounters do not produce arrests, but they do provide additional intelligence.

“[The] location of where the guy’s going. What he’s doing [and] additional associates that the subject is hanging around.”

Throughout the Terrorist Screening Center are placed artifacts from various terrorist attacks including Oklahoma City federal building, the USS Cole bombing, and the World Trade Centers. All sober reminders of how important their work is.

For Tim Healy and the workers of the Terrorist Screening Center, failure is not an option. They measure their success by what doesn’t happen.

*****

On September 16, 2003, the President signed Homeland Security Presidential Directive-6 (HSPD-6), requiring the establishment of an organization to “consolidate the Government’s approach to terrorism screening and provide for the appropriate and lawful use of Terrorist Information in screening processes.” Specifically, the Attorney General was directed to create a new organization to consolidate terrorist watch lists and provide 24-hour, 7-day a week operational support for federal, state, local, territorial, tribal, and foreign government as well as private sector screening across the country and around the world. As a result of this presidential directive, the Terrorist Screening Center (TSC) was created. As of the end of fiscal year (FY) 2004, the TSC was a $27 million organization with approximately 175 staff.