Iran Sanctions and Real Estate Investments in the U.S.

 

Primer: While the United States under the Obama administration paid out $1.7 billion to Iran, still held and blocked is an estimated $1.97 billion in bonds that were or are held by Citigroup. There is additionally real estate property held not only as an embassy in Washington DC, but there is a 36 story office building in New York City owned by an Iranian Foundation known as Alavi. Other properties are located in Texas, California, Virginia, Maryland and other locations in New York City. For the most part these have been frozen by the United States and remain so.

There are 2 key Executive Orders #’s 13438 and 13572 that refer to Islamic State and Iranian Shiite militia operating in Iraq and the IRGC Qods Force and Commander Qasem Soleimani that remain in effect.

Trump’s organization did business with Iranian bank later linked to terrorism

GOP nominee has slammed Clinton for cutting ‘deals with our foreign adversaries’

CPI: Donald Trump’s real estate organization rented New York office space from 1998 to 2003 to an Iranian bank that U.S. authorities have linked to terrorist groups and Iran’s nuclear program.

Trump inherited Bank Melli, one of Iran’s largest state-controlled banks, as a tenant when he purchased the General Motors Building on Fifth Avenue in Manhattan, according to public records reviewed by the International Consortium of Investigative Journalists and the Center for Public Integrity. The Trump Organization kept the bank on as a tenant for four more years after the U.S. Treasury Department designated Bank Melli in 1999 as being controlled by the Iranian government.

U.S. officials later alleged that Bank Melli had been used to obtain sensitive materials for Iran’s nuclear program. U.S. authorities also alleged that the bank had been used between 2002 and 2006 to funnel money to a unit of the Iranian Revolutionary Guard that has sponsored terrorist attacks — a period that overlapped with the time the bank rented office space from Trump.

The Trump Organization’s dealings with the Iranian bank shed more light on Trump’s wide-ranging business interests, which sometimes stand at odds with his blunt declarations on the campaign trail. Trump has denounced Iran as a “big enemy,” blasted Hillary Clinton for not taking a harder line against the Iranian regime and charged that donations from foreign governments to the Clinton Foundation amounted to evidence of corruption. His five-year stint as Bank Melli’s landlord provides an example of the Trump Organization itself doing business with a government hostile to the United States.

“It’s a pretty hypocritical position to take,” said Richard Nephew, who served from 2013 to 2015 as principal deputy coordinator of sanctions policy at the U.S. State Department and spent nearly a decade working on Iran sanctions in the administrations of George W. Bush and Barack Obama. “It suggests that his principles are pretty flexible when it comes to him getting paid.”

A court document obtained by ICIJ indicates that Bank Melli’s rent on more than 8,000 square feet on the GM Building’s 44th floor may have topped half a million dollars a year.

The legal ramifications of the Trump Organization taking rent payments from Bank Melli are unclear.

At the time, the U.S. had a sweeping embargo in place which prohibited Americans from doing business with Iran, including receiving rent payments. However, some Iranian organizations were granted licenses exempting specific transactions from sanctions. If the payments were licensed, it may have been legally difficult for the Trump Organization to evict the bank.

The Treasury Department does not publicly disclose individual licenses granting companies exemptions from sanctions rules. The Treasury Department, the Trump campaign and Bank Melli all declined to answer whether the agency had issued a license to the Trump Organization or the bank permitting rent payments during Trump’s ownership of the building.

The Trump campaign declined to answer any questions about Bank Melli for this story, but said Trump would take steps to avoid any conflicts of interest with his business dealings if he is elected president.

“Mr. Trump’s sole focus is and will be on making our country great again,” campaign spokeswoman Hope Hicks said in an email. “He has already committed to putting his assets in a blind trust and will have no involvement whatsoever in the Trump Organization.”

Bank Melli did not respond to repeated telephone and email inquiries by ICIJ to its offices in Tehran, London and Paris.

Bank Melli’s office in the GM Building was listed by the Treasury Department among financial institutions “owned or controlled” by the Iranian government and subject to U.S. economic sanctions, according to the Code of Federal Regulations from the years 1999 through 2003. Trump owned the GM Building from July 1998 until September 2003, New York City property records show.

Under U.S. sanctions rules, Bank Melli was forbidden from conducting banking transactions within the U.S., but the bank may have maintained its New York offices in the hope that the U.S. government would someday ease sanctions against Iranian businesses.

The bank moved out of the GM Building sometime after 2003. A spokesperson for Boston Properties, Inc., which is currently the building’s majority owner, said Bank Melli was not a tenant when Boston Properties and other partners bought the building in 2008.

Bank’s ties to terror

U.S. sanctions against Iran date back to the Iranian Revolution in 1979, when Islamic fundamentalists seized power and held more than 50 Americans hostage for more than a year. After briefly lifting restrictions when the hostages were released, President Ronald Reagan designated Iran as a state sponsor of terrorism and imposed new sanctions in 1984 and 1987.

At the time, Donald Trump called for the U.S. take a tougher line against the Iranian regime.

In 1987, he suggested in a speech in New Hampshire that the U.S. should attack Iran and seize some of its oil fields to hit back for what he described as Iran’s bullying of America.

“I’d be harsh on Iran. They’ve been beating us psychologically, making us look a bunch of fools,” Trump told The Guardian in 1988. “It’d be good for the world to take them on.”

In the years that followed, Iran stepped up its support for international terrorist attacks, according to authorities in the U.S. and other Western nations.

In 1994, a suicide bomber killed 85 people at a Jewish center in Buenos Aires, an attack that Argentine prosecutors later charged was coordinated by the Iranian government.

In 1996, a truck bomb killed 19 American servicemen at the Khobar Towers apartment complex in Saudi Arabia. A U.S. court later held that the bombing had been “planned, funded, and sponsored by senior leadership in the government of the Islamic Republic of Iran.”

As Iran supported terror attacks abroad, the U.S. moved to punish the regime economically. President Bill Clinton approved a sweeping embargo in 1995 that banned Americans from conducting trade with Iranian businesses.

Bank Melli, one of Iran’s largest state-owned banks, had long had an office in the GM Building in midtown Manhattan. In 1998, Trump’s real estate organization bought the building and inherited Bank Melli as a tenant.

It is not clear if Trump knew personally that Bank Melli was renting an office from his company, but he was the Trump Organization’s  chairman and president, and has described himself as a hands-on manager who pays attention to details.

Nephew, who worked on sanctions and nuclear nonproliferation issues for the U.S. government from 2003 to 2015, said there was less awareness in the 1990s about Iran’s nuclear program and the role of banks in financing terrorism. But he said that accepting payments from Bank Melli should have raised a red flag, even in 1998.

“Should someone in America have known better than to do business with Iran? Yeah,” Nephew said.

George Ross, the longtime executive vice-president of the Trump Organization, said he was not aware that Bank Melli had been a Trump tenant.

“We had any number of tenants in the GM Building,” Ross said in a brief telephone interview. “They might have been in there, but I have no knowledge of them.”

Emanuele Ottolenghi, an expert on Iran at the Foundation for the Defense of Democracies, said that it was “remarkable” that the Trump Organization had kept Bank Melli as a tenant for four years after the Treasury Department had listed the bank as an Iran-controlled entity.

“I just don’t think that a company of that size and means should be able to hide behind a ‘we didn’t know’ kind of argument,” Ottolenghi said.

In 2007, U.S. authorities charged that Bank Melli had facilitated purchases for Iran’s nuclear program, and that it had been used to send at least $100 million to the Quds Force, the feared special operations unit of Iran’s Revolutionary Guards.

The Quds Force was designated as a supporter of terrorism by President George W. Bush weeks after the attacks of Sept. 11, 2001, for providing support to the Taliban, Hamas and Hezbollah, groups that the U.S. has labeled as terrorist organizations.

Bank Melli played an important role in Iran’s nuclear program and support for international terrorism in the years before it was singled out by Treasury in 2007, experts told ICIJ.

“It was allowing the entities that were shopping for the regime to make payments,” said Ottolenghi, who described Bank Melli as “critical” to Iran’s past nuclear and terrorist activities.

A representative for Glodow Nead Communications, a public relations firm representing the Trump Organization, told an ICIJ reporter that the Trump Organization would only comment if the story was positive. She declined as a matter of policy to provide contact information for any of its employees.

The Trump Organization continued renting office space to Bank Melli until the insurance company Conseco, which had provided financing for the 1998 purchase, took control of the GM Building in 2003 and sold it to the Macklowe Organization, a New York City real estate developer.

Trump talks Iran

As a presidential candidate, Trump has been a fierce critic of Iran, denouncing its government as “the world’s top state sponsor of terrorism.” He has vowed to take a more warlike posture against the regime, threatening on Sept. 9 to shoot Iranian ships out the water if their sailors made rude gestures toward U.S. Navy ships.

Last week, during the first of three face-to-face debates with Clinton, Trump panned the United States’ 2015 nuclear deal with Iran, calling it  “one of the worst deals ever made by any country in history.”

In June, a statement by the Trump campaign blasted Clinton for her work in support of the Iran nuclear deal after the airline Iran Air struck an agreement to purchase aircraft from Boeing, a company that has contributed to the Clinton Foundation.

“This is another example of Clinton’s pay-to-play governing style,” the Trump campaign said. “She will cut deals with our foreign adversaries as long as they are willing to line her pockets.”

At the same time, news reports published in the course of the presidential campaign have shown that the Trump Organization has been entangled with a number of foreign governments that are hostile to the United States.

Trump tried to raise money for the Trump Organization from the regime of Muammar Qaddafi, the Libyan dictator who provided support for the 1988 Pan Am flight bombing over Lockerbie, Scotland, that killed 189 Americans, Buzzfeed News reported in June.

A company owned by Trump violated the embargo against Cuba with a business trip to the island in 1998, shortly before he gave a speech in Miami expressing his support for the embargo, Newsweek reported in September. In addition, Bloomberg News has reported that Trump Organization executives may have also violated the Cuban embargo by scouting out a possible investment in a golf course near Havana in late 2012 or early 2013. The deal ultimately fell through, according to the report.

The Trump Organization has also made millions selling apartments to the government of Saudi Arabia, the New York Daily News reported in September. The Saudi government is formally a U.S. ally but is suspected of supporting militant Islamic groups, and Trump has called on the Clinton Foundation to return Saudi donations because of the government’s poor human rights record.

Other Trump Organization entanglements in India, Russia and Dubai create conflicts of interest that could threaten American national security if Trump becomes president, Newsweek reported in September.

Information on all of these ventures is limited because Trump has not released his tax returns. He is poised to become the first major party candidate not to do so by Election Day since Richard Nixon in 1972.

Trump pledged on Sept. 15 that he would “absolutely sever” his connections with the Trump Organization if he is elected president. “I will sever connections, and I’ll have my children and my executives run the company and I won’t discuss it with them,” he said on the television program “Fox and Friends.”

Sasha Chavkin is a staff writer and Michael Hudson is a senior editor at the International Consortium of Investigative Journalists. Dave Levinthal is senior political reporter at the Center for Public Integrity.

Ah, Yahoo has Been Secretly Sweeping Your Emails

Primer: Report: Yahoo hack may have compromised up to 3B accounts

Exclusive: Yahoo secretly scanned customer emails for U.S. intelligence

SAN FRANCISCO (Reuters) – Yahoo Inc last year secretly built a custom software program to search all of its customers’ incoming emails for specific information provided by U.S. intelligence officials, according to people familiar with the matter.

The company complied with a classified U.S. government directive, scanning hundreds of millions of Yahoo Mail accounts at the behest of the National Security Agency or FBI, said two former employees and a third person apprised of the events.

Some surveillance experts said this represents the first case to surface of a U.S. Internet company agreeing to a spy agency’s demand by searching all arriving messages, as opposed to examining stored messages or scanning a small number of accounts in real time.

It is not known what information intelligence officials were looking for, only that they wanted Yahoo to search for a set of characters. That could mean a phrase in an email or an attachment, said the sources, who did not want to be identified.

Reuters was unable to determine what data Yahoo may have handed over, if any, and if intelligence officials had approached other email providers besides Yahoo with this kind of request.

Related reading: Verizon is buying Yahoo for $4.8 billion

According to the two former employees, Yahoo Chief Executive Marissa Mayer’s decision to obey the directive roiled some senior executives and led to the June 2015 departure of Chief Information Security Officer Alex Stamos, who now holds the top security job at Facebook Inc.”Yahoo is a law abiding company, and complies with the laws of the United States,” the company said in a brief statement in response to Reuters questions about the demand. Yahoo declined any further comment.

Through a Facebook spokesman, Stamos declined a request for an interview.

The NSA referred questions to the Office of the Director of National Intelligence, which declined to comment.

The demand to search Yahoo Mail accounts came in the form of a classified directive sent to the company’s legal team, according to the three people familiar with the matter.

U.S. phone and Internet companies are known to have handed over bulk customer data to intelligence agencies. But some former government officials and private surveillance experts said they had not previously seen either such a broad directive for real-time Web collection or one that required the creation of a new computer program.

“I’ve never seen that, a wiretap in real time on a ‘selector,'” said Albert Gidari, a lawyer who represented phone and Internet companies on surveillance issues for 20 years before moving to Stanford University this year. A selector refers to a type of search term used to zero in on specific information.

“It would be really difficult for a provider to do that,” he added.

Experts said it was likely that the NSA or FBI had approached other Internet companies with the same demand, since they evidently did not know what email accounts were being used by the target. The NSA usually makes requests for domestic surveillance through the FBI, so it is hard to know which agency is seeking the information.

Reuters was unable to confirm whether the 2015 demand went to other companies, or if any complied.

Alphabet Inc’s Google and Microsoft Corp, two major U.S. email service providers, did not respond to requests for comment.

CHALLENGING THE NSA

Under laws including the 2008 amendments to the Foreign Intelligence Surveillance Act, intelligence agencies can ask U.S. phone and Internet companies to provide customer data to aid foreign intelligence-gathering efforts for a variety of reasons, including prevention of terrorist attacks.

Disclosures by former NSA contractor Edward Snowden and others have exposed the extent of electronic surveillance and led U.S. authorities to modestly scale back some of the programs, in part to protect privacy rights.

Companies including Yahoo have challenged some classified surveillance before the Foreign Intelligence Surveillance Court, a secret tribunal.

Some FISA experts said Yahoo could have tried to fight last year’s directive on at least two grounds: the breadth of the demand and the necessity of writing a special program to search all customers’ emails in transit.

Apple Inc made a similar argument earlier this year when it refused to create a special program to break into an encrypted iPhone used in the 2015 San Bernardino massacre. The FBI dropped the case after it unlocked the phone with the help of a third party, so no precedent was set.

Other FISA experts defended Yahoo’s decision to comply, saying nothing prohibited the surveillance court from ordering a search for a specific term instead of a specific account. So-called “upstream” bulk collection from phone carriers based on content was found to be legal, they said, and the same logic could apply to Web companies’ mail.

As tech companies become better at encrypting data, they are likely to face more such requests from spy agencies.

Former NSA General Counsel Stewart Baker said email providers “have the power to encrypt it all, and with that comes added responsibility to do some of the work that had been done by the intelligence agencies.”

SECRET SIPHONING PROGRAM

Mayer and other executives ultimately decided to comply with the directive last year rather than fight it, in part because they thought they would lose, said the people familiar with the matter.

Yahoo in 2007 had fought a FISA demand that it conduct searches on specific email accounts without a court-approved warrant. Details of the case remain sealed, but a partially redacted published opinion showed Yahoo’s challenge was unsuccessful.

Some Yahoo employees were upset about the decision not to contest the more recent directive and thought the company could have prevailed, the sources said.

They were also upset that Mayer and Yahoo General Counsel Ron Bell did not involve the company’s security team in the process, instead asking Yahoo’s email engineers to write a program to siphon off messages containing the character string the spies sought and store them for remote retrieval, according to the sources.

The sources said the program was discovered by Yahoo’s security team in May 2015, within weeks of its installation. The security team initially thought hackers had broken in.

When Stamos found out that Mayer had authorized the program, he resigned as chief information security officer and told his subordinates that he had been left out of a decision that hurt users’ security, the sources said. Due to a programming flaw, he told them hackers could have accessed the stored emails.

Stamos’s announcement in June 2015 that he had joined Facebook did not mention any problems with Yahoo. (http://bit.ly/2dL003k)

In a separate incident, Yahoo last month said “state-sponsored” hackers had gained access to 500 million customer accounts in 2014. The revelations have brought new scrutiny to Yahoo’s security practices as the company tries to complete a deal to sell its core business to Verizon Communications Inc for $4.8 billion.

(Reporting by Joseph Menn; Editing by Jonathan Weber and Tiffany Wu)

 

European Union Approved Deportation of Afghanis

Primer: FORT BENNING, Ga. (AP) — Seven Afghan military students in four states have been absent without leave since earlier this month, military officials said.

U.S. Navy Defense Press Operations Cmdr. Patrick L. Evans said in an email Thursday that four students left their posts without leave over the Labor Day weekend, the Columbus Ledger-Enquirer reported (http://bit.ly/2dcWkt2 ). Two of the students were at Fort Benning in Georgia, while one was at Fort Lee in Virginia and the other in Little Rock, Arkansas. More here from CNS.

The European Union and Afghanistan reach an arrangement to tackle migration issues

Yesterday, the European Union and Afghanistan reached an important political arrangement, “The EU-Afghanistan Joint Way Forward on Migration issues”, to effectively tackle the challenges in both the European Union and Afghanistan linked to irregular migration. This is the result of a constructive dialogue based on partnership and a willingness to enhance dialogue and bilateral cooperation in this area. A dialogue at the level of senior officials is foreseen to take place on 4 October to begin the implementation process. (For more information: Maja Kocijancic – Tel.: + 32 229 86570; Natasha Bertaud – Tel.: +32 229 67456; Tove Ernst – Tel.: +32 229 86764)

Guardian: The EU has signed an agreement with the Afghan government allowing its member states to deport an unlimited number of the country’s asylum seekers, and obliging the Afghan government to receive them.

The deal has been in the pipeline for months, leading up to a large EU-hosted donor conference in Brussels this week. According to a previously leaked memo, the EU suggested stripping Afghanistan of aid if its government did not cooperate.

The deal, signed on Sunday, has not been made public but a copy seen by the Guardian states that Afghanistan commits to readmitting any Afghan citizen who has not been granted asylum in Europe, and who refuses to return to Afghanistan voluntarily.

It is the latest EU measure to alleviate the weight of the many asylum seekers who have arrived since early 2015. Afghans constituted the second-largest group of asylum seekers in Europe, with 196,170 applying last year.

While the text stipulates a maximum of 50 non-voluntary deportees per chartered flight in the first six months after the agreement, there is no limit to the number of daily deportation flights European governments can charter to Kabul.

With tens of thousands set to be deported, both sides will also consider building a terminal dedicated to deportation flights at Kabul international airport.

The agreement, Joint Way Forward, also opens up the deportation of women and children, which at the moment almost exclusively happens from Norway: “Special measures will ensure that such vulnerable groups receive adequate protection, assistance and care throughout the whole process.”

If family members in Afghanistan cannot be located, unaccompanied children can be returned only with “adequate reception and care-taking arrangement having been put in place in Afghanistan”, the text says.

The EU has negotiated the agreement with the Afghan government as part of the run-up to this week’s Brussels donor conference, where international donors will pledge aid for Afghanistan for the coming four years. Some Afghan officials seem to have felt strong-armed. The Afghan minister for refugees and repatriation, Sayed Hussain Alemi Balkhi, refused to sign the document, leaving the duty to a deputy.

Still, Afghanistan, whose domestic revenue only constitutes 10.4% of GDP, is so dependent on foreign aid that the government may have had little choice.

Liza Schuster, a Kabul-based migration expert, said the deal was an example of “how developed countries are able to push through their agenda in countries where there simply isn’t the capacity in the ministries to push back”. She added that there had been little transparency in the negotiation process.

“There has been no oversight, no consultation, and hardly any mention of it to any of the migrant organisations or rights organisations [in Europe]. There was no chance to mount resistance against it,” Schuster said.

The large exodus of Afghans last year seemed partly triggered by Angela Merkel opening Germany’s doors to almost a million migrants, but it also coincided with a deteriorating security situation, which has not improved since.

On Sunday, the Taliban mounted a strong assault on the northern city of Kunduz, while attacks have also increased in many other parts of the country.

To prevent a migrant flow of the size experienced last year, the deal commits the EU to help fund public awareness campaigns in Afghanistan warning against the dangers of migrating.

However, not all Afghan asylum seekers arrive to Europe from Afghanistan. An unknown number were born or grew up in Iran or Pakistan. If sent to Afghanistan, many are likely to struggle without the social networks that are often a prerequisite to getting work, even for the well-educated. According to Schuster, who has authored a paper on post-deportation experience, destitute people, who do not choose to leave Afghanistan again immediately after deportation, could be ripe targets for recruitment not only by the Taliban but local strongmen commanding militias. In that sense, deportations could add to instability.

“There is not sufficient protection, the level of generalised violence is too high and Kabul is already bursting at the seams,” Schuster said.

“This particular agreement allows European governments to ride straight through all the argumentation that’s been made over the past 15 years that it’s not safe to return people at the moment.”

 

 

 

Obama Broke the Law Scouting Locations for Gitmo Detainees

 

For the group of detainees who remain designated for continued detention and who are not candidates for U.S. prosecution or detention or transfer to a foreign country, the administration will work with Congress to relocate them from the Guantanamo Bay detention facility to a secure detention facility in the United States, while continuing to identify other non-U.S. dispositions. These individuals would be detained under the Authorization for Use of Military Force (AUMF), P.L. 107-40, as informed by the law of war, and consistent with applicable domestic and international law for such detentions. More here.

Obama Admin Secretly Scouted U.S. Cities to Move Gitmo Terrorists

Administration effort violated U.S. law, lawmakers charge

The Obama administration secretly used taxpayer money to fund an official inspection of several U.S. cities as possible locations to move terrorist inmates held at the Guantanamo Bay prison camp in violation of federal law, the Washington Free Beacon has learned.

The Obama administration ordered the Pentagon to spend U.S. taxpayer funds for a domestic search of “possible Guantanamo detainee relocation” sites, according to documents obtained by the Free Beacon. United States law bars the administration from spending taxpayer money on its effort to move Gitmo inmates onto American soil.

Related reading: Fact sheet on Guantanamo

The disclosure has prompted a congressional inquiry to determine who in the Obama administration ordered the relocation search and how taxpayer funds were authorized for that purpose, according to a formal letter sent by lawmakers to the Defense Department on Monday and obtained by the Free Beacon.

The disclosure of this activity by the Obama administration has renewed concerns on Capitol Hill that the White House will make a last-minute effort to shutter the Gitmo prison and ship the remaining inmates to the United States, despite laws prohibiting the transfers.

Kansas Attorney General Derek Schmidt informed lawmakers in a letter late last month that he had discovered documentation showing the Obama administration spent more than $25,000 to scout potential relocation sites in Fort Leavenworth, Kansas, Charleston, South Carolina, and Florence, Colorado.

Schmidt obtained this information from the Pentagon only after threatening to sue the administration for its refusal to produce documentation on the matter.

“While the amount of money is relatively small—a total of$25,909.53, of which $7,687.20 was spent on the site survey for Fort Leavenworth—the admission raises the concern that the Department of Defense violated the law by knowingly expending these funds while federal law enacted by Congress expressly prohibited the agency from doing so,” Schmidt informed lawmakers in the letter, a copy of which was obtained by the Free Beacon.

The administration’s behavior has raised concerns in Congress that it is secretly planning to relocate detainees to United States cities without informing local officials and residents.

Rep. Mike Pompeo (R., Kansas) told the Free Beacon that Americans should not have the most “hardened terrorists” secretly transferred to their towns by the Obama administration.

“Americans, and particularly Kansans, understand that President Obama’s desire to bring hardened terrorists from Guantanamo Bay to the U.S. would make our country less safe,” Pompeo said. “In completing these site surveys, the Department of Defense followed neither the letter, nor the spirit of American law. I am proud to stand with my colleagues in condemning this illegal action and encouraging all states to pursue appropriate legal action.”

Pompeo, along with fellow Kansas Republican Reps. Lynn Jenkins and Kevin Yoder, are demanding the Pentagon explain its intentions and why it violated U.S. law in its effort to bring Gitmo inmates to America, according to the Monday letter obtained by the Free Beacon.

“Rather than spending zero dollars on site surveys, as mandated by U.S. law, the Department of Defense has spent over $25,000,” the lawmakers wrote. “This is following neither the letter, nor the spirit of the law.”

The lawmakers seek to determine who in the Pentagon authorized the site surveys, when they took place, and how the taxpayer funds were spent, according to the inquiry. The letter also demanded the names of Obama administration officials and outside contractors who participated in the Gitmo relocation sites surveys.

“We stand with our Senate colleagues in condemning this illegal action and encouraging all states to pursue the appropriate legal action in response,” the lawmakers concluded.

Guantanamo Bay inmates who have been released continue to reengage in terrorism. At least two former inmates have participated in terror operations against U.S. forces since January.

The Obama administration continues to pursue an aggressive effort to free as many inmates as possible before leaving office.

****

The Departments of State and Defense, through the offices of the Special Envoys for

Guantanamo Closure, are implementing an engagement strategy for the 35 detainees currently

approved for transfer, focused on engaging with countries that can accept detainees under

conditions that satisfy both our national security requirements (to substantially mitigate the risk

the detainees pose to the United States or U.S. persons or interests) and our humane treatment

standards. In Fiscal Year 2015, the United States transferred 35 detainees from Guantanamo to

ten countries: Afghanistan (4), Estonia (1), Georgia (3), Kazakhstan (5), Morocco (1), Oman

(10), Saudi Arabia (2), Kuwait (1), Slovakia (2), and Uruguay (6). Thus far in Fiscal Year 2016,

the United States has transferred 23 detainees from Guantanamo to nine countries: Mauritania

(1), the United Kingdom (1), the United Arab Emirates (5), Ghana (2), Kuwait (1), Saudi Arabia

(1), Oman (10), Montenegro (1), and Bosnia-Herzegovina (1). The Administration has

commitments from, or is pursuing commitments from, foreign governments that account for the

remaining 35 detainees approved for transfer. Read the closure plan here which was submitted to key members of Congress.

DoJ’s Side Deal to Destroy the Laptops, EmailGate

Note: to destroy ‘both’ laptops.  BREAKING from Catherine Herridge: FBI made side deals with 2 HRC associates to “destroy” their laptops after inspecting them.

The full 3 page letter is here.

 

On Wednesday, September 28, 2016, Director James Comey testified before the House Judiciary Committee at an oversight hearing on the Federal Bureau of Investigation. At the hearing, members of the House Judiciary Committee pressed Director Comey on his recommendation and the Department of Justice’s decision to not prosecute Secretary Clinton for mishandling classified information through private email servers.

Background:
• On July 5, 2016, Director Comey announced that the FBI does not recommend criminal charges against former State Department Secretary Hillary Clinton, even though federal law criminalizes mishandling classified information with “gross negligence.” Following his announcement, House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and over 200 members of Congress sent a letter to Director Comey pressing for more information regarding the many questions surrounding his recommendation.

• On July 11, 2016, Chairman Goodlatte and House Oversight and Government Reform Committee Chairman Jason Chaffetz (R-Utah) requested that the Department of Justice open an investigation into whether Secretary Clinton committed perjury and made false statements when testifying under oath before Congress. Contrary to statements she made before the House Select Committee on Benghazi hearing in October 2015, Secretary Clinton sent and received emails that were marked classified at the time; her lawyers did not read each email in her personal account to identify all the work-related messages; she used several different servers and numerous devices to send and receive work-related emails; and she did not provide all of her work-related emails to the Department of Justice.

Hearing Takeaways:
• At the hearing, Director Comey defended the FBI’s conclusion of its investigation into Secretary Clinton, but new information casts serious doubts about whether the decision to not prosecute Hillary Clinton was made impartially.

• For example, Cheryl Mills, chief of staff and counselor to Secretary Clinton at the State Department, was granted immunity for the production of her laptop and was able to be in the room with Secretary Clinton while she was interviewed by the FBI. In all of his years in law enforcement, Director Comey admitted that he had never heard of a potential witness representing a subject of an investigation during an interview with investigators.

• The FBI never considered electronically recording Hillary Clinton’s interview with the FBI despite the fact that the Deputy Attorney General issued a memo to all DOJ components encouraging them to do just that in such situations.

Key Videos:

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) challenges the FBI’s conclusions in the Clinton investigation and presses Director Comey on Congress’ perjury referral and the immunity deals provided to key Clinton advisors:

“Hillary Clinton chose to send and receive Top Secret information over a personal, unsecure computer server housed in her various homes and once reportedly placed in a bathroom closet. These actions, without a doubt, opened these communications to hostile interception by our enemies and those who wish America harm …

“We, as Congress and the American people, are troubled how such gross negligence is not punished, and why there seems to be a different standard for the well-connected.”

Representative Trey Gowdy (R-S.C.), a former federal prosecutor, explains why Secretary Clinton should have been prosecuted:

“Intent is awfully hard to prove. Very rarely do defendants announce ahead of time ‘I intend to commit this crime on this date’ … So you have to prove it by circumstantial evidence. Such as whether or not the person intended to set up an email system outside the State Department; such as whether or not the person knew or should have known that his or her job involved handling classified information; whether or not the person was truthful about using multiple devices….

“The way to prove [intent] is whether or not someone took steps to conceal or destroy what they have done. That is the best evidence you have is that they knew it was wrong, that they lied about it.”

Representative John Ratcliffe (R-Texas) presses Director Comey about why Secretary Clinton was not charged with obstruction of justice:

“I want to make sure the record is clear about the evidence that you did not have [in the investigation]:

The FBI did not have the Clintons’ personal Apple server used for Hillary Clinton’s work emails …
An Apple MacBook laptop and thumb drive that contained Hillary Clinton’s email archives was lost …
Two blackberry devices provided didn’t have SIM cards or SD data cards …
13 Hillary Clinton personal mobile devices were lost, discarded, or destroyed with a hammer …
Various sever backups were deleted over time …
After the State Department, and my colleague Mr. Gowdy here notified Ms. Clinton that her records would be sought by the Benghazi Committee, copies of her emails on laptops of both of her lawyers were wiped clean with BleachBit …
After those emails were subpoenaed, Hillary Clinton’s email archives were also permanently deleted from the Platt River Network with BleachBit …
And also after the subpoena, backups of the Platt River server were manually deleted.

“Collectively this list screams obstruction of justice.”