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Sheesh….fingerprints eh? And those migrants, refugees and asylees don’t have any reference database for fingerprint history much less any travel documents applications.
As citizens they can vote, seek and hold sensitive jobs and more. Don’t you just wonder what DHS Secretary Jeh Johnson has to say on this? Oh wait….more money from Congress will solve it all.
USCIS granted U.S. citizenship to at least 858 individuals ordered deported or removed under another identity when, during the naturalization process, their digital fingerprint records were not available. The digital records were not available because although USCIS procedures require checking applicants’ fingerprints against both the Department of Homeland Security’s and the Federal Bureau of Investigation’s (FBI) digital fingerprint repositories, neither contains all old fingerprint records. Not all old records were included in the DHS repository when it was being developed. Further, U.S. Immigration and Customs Enforcement (ICE) has identified, about 148,000 older fingerprint records that have not been digitized of aliens with final deportation orders or who are criminals or fugitives. The FBI repository is also missing records because, in the past, not all records taken during immigration encounters were forwarded to the FBI. As long as the older fingerprint records have not been digitized and included in the repositories, USCIS risks making naturalization decisions without complete information and, as a result, naturalizing additional individuals who may be ineligible for citizenship or who may be trying to obtain U.S. citizenship fraudulently.
As naturalized citizens, these individuals retain many of the rights and privileges of U.S. citizenship, including serving in law enforcement, obtaining a security clearance, and sponsoring other aliens’ entry into the United States. ICE has investigated few of these naturalized citizens to determine whether they should be denaturalized, but is now taking steps to increase the number of cases to be investigated, particularly those who hold positions of public trust and who have security clearances.
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In July 2014,3 OPS provided the Office of Inspector General (OIG) with the names of individuals it had identified as coming from special interest countries or neighboring countries with high rates of immigration fraud, had final deportation orders under another identity, and had become naturalized U.S. citizens. OIG’s review of the list of names revealed some were duplicates, which resulted in a final number of 1,029 individuals. Of the 1,029 individuals reported, 858 did not have a digital fingerprint record available in the DHS fingerprint repository at the time U.S. Citizenship and Immigration Services (USCIS) was reviewing and adjudicating their applications for U.S. citizenship.
USCIS checks applicants’ fingerprint records throughout the naturalization process. By searching the DHS digital fingerprint repository, the Automated Biometric Identification System (IDENT) and the Federal Bureau of Investigation (FBI) digital fingerprint repository, the Next Generation Identification (NGI) system,5 USCIS can gather information about an applicant’s other identities (if any), criminal arrests and convictions, immigration violations and deportations, and links to terrorism. When there is a matching record, USCIS researches the circumstances underlying the record to determine whether the applicant is still eligible for naturalized citizenship.
If USCIS confirms that an applicant received a final deportation order under a different identity, and there are no other circumstances to provide eligibility, USCIS policy requires denial of naturalization. Also, USCIS may refer the applicant’s case to U.S. Immigration and Customs Enforcement (ICE) for investigation. Likewise, if a naturalized citizen is discovered to have been ineligible for citizenship, ICE may investigate the circumstances and refer the case to the Department of Justice for revocation of citizenship. Read the complete report here.
Judge blasts State Dept for slow-walking Hillary emails
WashingtonTimes: A federal judge blasted the Obama administration for slow-walking the release of some of former Secretary of State Hillary Clinton’s emails, saying in court Monday that the government appears to be withholding information from voters ahead of the election.
U.S. District Judge Richard Leon said the State Department in not “being all that cooperative,” and told the Justice Department lawyers to get the State Department to shape up and do its duty.
“Get with the program, so to speak, so that the people of this country can have the information they need,” he ordered. “The State Department needs to start cooperating to the fullest extent possible. They are not perceived to be doing that.”
Judge Leon, who has earned a reputation as a funny but caustic jurist, particularly when he finds government bungling, said the Justice Department, by not forcing the State Department to cooperate better, is risking its own storied reputation.
He specifically called out the federal programs branch that acts as the lawyer for the rest of the government, and the head of that division, Marcia Berman. Ms. Berman wasn’t in the courtroom Monday, but has been a frequent figure at the courthouse over the last year as the administration has had to defend its handling of Mrs. Clinton’s emails.
Mondays’s case, filed by the Daily Caller News Foundation, concerned documents detailing Mrs. Clinton’s access to top secret programs. The State Department said it has found more than 1,000 documents dealing with the subject, but said it would take nearly a month to process 450 unclassified documents, and couldn’t say how long it would take to process the classified ones.
The case is one of dozens pending where the department has been accused of slow-walking, keeping information out of public view for far longer than is allowed under the Freedom of Information Act.
The State Department says it is overwhelmed by the requests and its own limited budget and manpower. Officials also say the Clinton emails are complicated because they involved classified information that requires a stricter, more time consuming process to clear for the public.
But the government has also been reluctant to divulge important details. At one point on Monday the government lawyer on the case, Jason Lee, said he didn’t know how many pages were in the documents, sparking the judge’s ire.
Judge Leon ordered a faster production of the 450, and when Mr. Lee said they would do their best, Judge Leon pounced.
“Do better than your best. Do it,” he ordered, then proceeded to scold the government for its bungling, and said it was something other judges at the courthouse had noticed.
“You have a client that, to say the least, is not impressing the judges on is court … at being all that cooperative,” he said. “This way of doing business needs to stop.”
He said this was the first open-records case he’d seen where time was so much of the essence, given Mrs. Clinton’s candidacy for the White House, and said the administration needed to realize that.
SMOKING GUN: “BleachBit” Paul Combetta ASKED TO STRIP OR REPLACE VIP’s EMAIL ADDRESS! https://redd.it/2bmm4l#MAGA
Operation Noble Lance: Barack Obama has authorized up to 300 Special Operations Forces to be deployed to Syria. It was not clear if the Americans accompanying the Turkish military had been re-assigned from other locations in northern Syria or were part of a new contingent. More here.
*** Getty Images
Getty Images
State Department Daily Briefing Secretary of State John Kerry made brief remarks to reporters on the agreement between the U.S. and Russia to bring about a ceasefire in Syria. Spokesman John Kirby then continued the daily briefing. Secretary Kerry said that if Syria did not comply with the cease-fire agreement, then the arrangement would “not go forward.” He acknowledged the doubts that still existed regarding the agreement and said he expected challenges in the days to come. He also said the plan had a chance to work. He later said that Syria was one of the “most complicated places in the world” and responded to a news report that said the U.S.-Russia plan was “flawed and full of caveats.” He concluded his statement saying he had “never seen a more complicated or entangled political, and military, sectarian, somewhat religiously over-toned issue than what exists in Syria today.
****
Fighting steadily escalating in Syria – reports of heavy combat around Damascus, Hama and Aleppo. Aid still being blocked by regime too. US Special Ops forces in Tell Abyad Syria put up US flag to show identity as they came under fire.
NYT/WASHINGTON — American Special Operations forces have arrived in northern Syria to work alongside Turkish troops fighting the Islamic State, the Pentagon said on Friday, stressing that the approximately three dozen Americans would serve in an “advise and assist” capacity.
Capt. Jeff Davis, a Pentagon spokesman, said in an email that the American Special Operations forces “are accompanying Turkish and vetted Syrian opposition forces as they continue to clear territory” from the Islamic State near Jarabulus and al-Rai.
The decision to send the American forces into northern Syria with the Turkish military came last week, one American official said, shortly after a meeting between Turkey’s president, Recep Tayyip Erdogan, and President Obama during the G-20 summit meeting in China.
American officials described details of the deployment on the condition of anonymity because of the diplomatic and national security sensitivities of the mission.
****
Bloomberg: “Denying ISIL access to this critical border cuts off critical supply routes in and out of Iraq and Syria,” Major Adrian Rankine-Galloway, a Defense Department spokesman, said in a statement, using an alternate acronym for Islamic State. There are about 40 special operations troops in the operation, said a U.S. official who asked to remain anonymous because the details aren’t public.
Earlier Friday, U.S. Secretary of State John Kerry warned his Russian counterpart that the U.S. was prepared to walk away from plans to coordinate strikes unless delays in aid deliveries are resolved. The United Nations is ready to deliver the aid but says it hasn’t received the necessary permission from the Syrian government to proceed.
“Secretary Kerry expressed concerns about the repeated and unacceptable delays of humanitarian aid,” State Department spokesman John Kirby said in a statement Friday after Kerry and Foreign Minister Sergei Lavrov spoke by phone. Russia must “use its influence on the Assad regime to allow UN humanitarian convoys to reach Aleppo and other areas in need,” Kirby said.
“The Secretary made clear that the United States will not establish the Joint Implementation Center with Russia unless and until the agreed terms for humanitarian access are met,” he added.
****
CBS: The fighting has stopped in Aleppo, but Syrian troops are still holding up on humanitarian aid that the city desperately needs, said United Nations officials.
But she also added that Russians had a “significant” influence and that it was “incumbent” on Moscow to deliver on Syria. The war-torn country is now in its fourth day of the U.S.-Russian cease-fire, which Secretary of State John Kerry called “a last chance to be able to hold Syria together.” Power emphasized the significance and potential impact of the deal — one she said was the first of its kind –with “this level of granularity and specificity.”
“It can be a very important deal because it can prevent the regime from flying over opposition areas, it can prevent barrel bombing, chemical attacks, the kinds of things we’ve seen the regime do for so long. It can also turn the Russians to doing what they were supposed to do all along, which was actually fight terrorists instead of civilians,” Power said.
“Don’t you believe that’s what’s happening again today in Syria?” O’Donnell asked. “Well, Syria is a very complex picture,” Power answered. “There are thousands of armed groups. The question again of what military intervention would achieve, where you would do it, how you would do it in a way where the terrorists wouldn’t be the ones to take advantage of it — this has been extremely challenging. But the idea that we have not been doing quote anything in Syria seems absurd. We’ve done everything short of waging war against the Assad regime and we are – I should note – having significant success against ISIL on the ground.”
This Constitution Day marks 229 years since the Framers signed the U.S. Constitution following more than four months of debate, votes, and revisions in Philadelphia.
But we often overlook the benefit of a checked and balanced government. The Constitution prescribed a three-branched government to ensure that no faction could unaccountably overstep its authority. As children learn, the legislative branch makes law, taxes, and spends (Article I), the executive branch enforces law (Article II), and the judicial branch resolves cases and controversies before it (Article III).
For most of the our history, the Constitution has limited the federal government’s capacity to create law, tax, regulate, and criminalize. The three branches have the power to check each other, and the ballot box ultimately holds politicians accountable.
But the Framers could not foresee the emergence of the regulatory state, which has effectively become the fourth branch of U.S. government.
Congress abdicated its lawmaking powers to literally countless agencies from the New Deal era to the present day. Agency bureaucrats can and do generate regulations autonomously. In 1946, Congress passed the Administrative Procedures Act, which prescribed the “notice-and-comment” process to constrain agency rulemaking, but this is a poor substitute for the accountable and divided government framed by the Constitution. While the public may comment on proposed regulations before enactment, regulators may ignore opposition to costly new rules, or even fabricate public support in favor of regulation.
Agencies increasingly avoid notice-and-comment rulemaking altogether using what Clyde Wayne Crews calls “regulatory dark matter”: industry guidance, opinions, and interpretations. Because many agencies have enforcement power, guidance and opinion letters—even blog posts—may effectively impose new requirements and certainly new compliance costs of businesses. Through new “interpretations,” agencies take advantage of the deference courts give them. Interpretations can effectively announce new rules by decree, as when the Department of Labor unexpectedly decided that a 1938 law makes certain independent contractors into employees.
While the three canonical branches of government counterbalance each other, the “fourth branch” simply accumulates regulations and dark matter rules over time. Layers accumulate like debris in a neglected gutter. Regulations fossilize over time, as once-burdensome rules become the expectations of industry, deterring competition and hindering innovation. Volumes of code can block the flow of economic development indefinitely.
It is looking much worse for how the FBI led this investigation while Director Comey has moved on, sorta:
Asked whether he knew if Clinton’s attorneys saw classified information, Comey said he did not know the answer.
Chaffetz was more certain. “It has to be yes, director,” he said. “You came across 110 and they said they went through all of them.”
Comey referred Chaffetz to his statement Tuesday in which he said Clinton’s attorneys sorted the emails for classified information using headers and search terms.
“Did Hillary Clinton give non-cleared people access to classified information?” Chaffetz asked.
“Yes,” Comey said, repeating, “Yes.”
Chaffetz asked, “What do you think her intent was?”
“I think that was to get good legal representation and to make the production to the State Department,” Comey responded. “I think it would be a very tall order in that circumstance, if I don’t see the evidence to make a case that she was acting with criminal intent in her engagement with her lawyers.” More here from Politico.
‘Finally, John, you mentioned yesterday requests for Secretary Clinton’s emails; may I get copies.’ – Margaret Grafeld, Deputy Assistant Secretary, Global Information Services to John Hackett, Deputy Director, Office of Information Programs and Services, August 7, 2013
Documents Reveal that in Early August 2013, State had 17 Freedom of Information Requests relating to requests for Clinton correspondence
(Washington, DC) – Judicial Watch today released 113 pages of new State Department documents, revealing that in early August 2013, top State Department officials raised questions about former Secretary of State Hillary Clinton’s emails and the number of Freedom of Information Act (FOIA) requests seeking information about them.
According to the newly obtained emails, in August 2013, State Department officials were aware of 17 FOIA requests relating to requests for Clinton correspondence, including four that “specifically mention Emails or Email accounts.” Despite the large number of FOIA requests and growing concern among top agency officials, the State Department did not formally request that the former secretary of state produce the emails on the clintonemail.com server until October 2014.
Included among the 17 FOIA requests was a Judicial Watch lawsuit seeking records pertaining to possible conflicts of interest between the actions taken by Hillary Clinton as Secretary of State and Bill Clinton’s activities. The lawsuit produced 276 pages of internal State Department records revealing that within two days of the deadly terrorist attack on Benghazi, Mohamed Yusuf al-Magariaf, the president of Libya’s National Congress, asked to participate in a Clinton Global Initiative function and “meet President Clinton.” The records also show Hillary Clinton’s staff coordinated with the Clinton Foundation’s staff to have her thank Clinton Global Initiative project sponsors for their “commitments” during a Foundation speech on September 25, 2009. The lawsuit (Judicial Watch v. U.S. Dept. of State (No. 1:13-cv-00772)) was filed on May 28, 2013.
In a 2014 joint expose with the Washington Examiner Judicial Watch’s Chief Investigative Reporter Micah Morrison reported:
[F]ormer President Clinton gave 215 speeches and earned $48 million while his wife presided over U.S. foreign policy, raising questions about whether the Clintons fulfilled ethics agreements related to the Clinton Foundation during Hillary Clinton’s tenure as secretary of state.
According to documents obtained by Judicial Watch and released … in an ongoing Freedom of Information Act case, State Department officials charged with reviewing Bill Clinton’s proposed speeches did not object to a single one.
The new State Department documents records were obtained by Judicial Watch under court order in a March 2016, FOIA lawsuit against the agency for all records “about the processing of a December 2012 FOIA request filed by Citizens for Responsibility and Ethics in Washington [CREW]” (Judicial Watch, Inc. v. U.S. Department of State(No. 1:16-cv-00574)).In December 2012, CREW filed a FOIA request with the Department of State for “records sufficient to show the number of email accounts of or associated with Secretary Hillary Rodham Clinton.” In May 2013, the agency responded that “no records responsive to your request were located.” Earlier this year, the State Department Office of Inspector General concluded that the “no records response” sent in response to this request was “inaccurate and incomplete.”
According to the newly obtained records, by early August 2013, top State Department officials raised questions about FOIA requests seeking information related to the Clinton emails:
From: Grafeld, Margaret P
Sent: Wednesday, August 07, 2013 10:47 AM
To: Walter, Sheryl; Hackett, John
Subject: Fw: IPS significant FOIA Report
… Finally, John, you mentioned yesterday requests for Secretary Clinton’s emails; may I get copies, pls and thx.
[Margaret Grafeld was the Deputy Assistant Secretary for Global Information Services. Sheryl Walter was the State Department Director, Office of Information Programs and Services/Global Information Services. John Hackett was the Deputy Director, Office of Information Programs and Services.]
From: Walter, Sheryl L
Sent: Wednesday, August 07, 2013 10:51 AM
To: Hermesman, Geoffrey F [and others]
Subject: FW: IPS Significant FOIA Report
… Geoff, can you get a copy of all requests related to Clinton’s emails?
[Geoffrey Hermesman was a State Department program analyst.]
From: Hermesman, Geoffrey F
Sent: Wednesday, August 07, 2013 12:54 PM
To: Sheryl Walter [and others]
Subject: RE: IPS significant FOIA Report
A search of the F2 database identified 17 FOIA cases that contain Clinton in the subject line and can be further construed as requests for correspondence between the Secretary and other individuals and/or organizations. Of these, four specifically mention Emails or Email accounts.
From: Finnegan, Karen M
Sent: Wednesday, August 07, 2013 4:10 PM
To: Walter, Sheryl L [and others]
Subject: RE: IPS Significant FOIA Report
Sheryl: To follow-up on my early response, Cristina is handling the Judicial Watch case, CA No. 2013-772 (DDC) (J. Kollar-Kotelly), that seeks access to all communications (including e-mail) between the Department and President Clinton and/or his foundation regarding clearing his speeches [Redacted]
[Karen Finnegan was division chief of the State Department’s freedom of information program.]
Last month, Judicial Watch released 10 pages of Department records that included an email sent by State Department spokesman Brock Johnson alerting Cheryl Mills, Hillary Clinton’s then Chief of Staff, that a “significant” Freedom of Information Act (FOIA) request had been made for records showing the number of email accounts used by then-Secretary of State Hillary Clinton.
“These new emails suggest that the Obama State Department knew about the Clinton email problem at least three years but covered it up,” said Judicial Watch President Tom Fitton. “Any criminal investigation of the Clinton email scandal must include officials in the Obama administration.”
###
LawNewz: The New York Timesfirst reported on Combetta’s immunity deal in an article published late Thursday evening. The article states Combetta’s actions with respect to his work on the Clinton email server were referenced in the FBI investigation summary released on September 2 — but his name was redacted.
According to the FBI investigation summary, Combetta appears to be the individual who deleted Clinton’s email archives from the PRN systems in late March 2015. The FBI also uncovered evidence of a work ticket referencing a conference call between PRN and Clinton’s attorneys on March 31, 2015, but Combetta was advised by PRN lawyers not to answer questions about the conference call, citing attorney-client privilege.
During his second interview with the FBI in May 2016, Combetta told investigators that he deleted the emails in late March 2015 after recalling an order from Clinton’s team in December 2014 to delete all of the emails that may still exist. He referred to this recollection as an “oh shit” moment and decided to delete the emails, all the while knowing the preservation order existed. Combetta also told investigators he used the BleachBit program tool, ensuring the emails could not be recovered by investigators or anyone else.
However, during his previous interview in February 2016, he told investigators that the December 2014 deletion order played no role in his decision to delete the emails.
Despite lying to investigators, Combetta reportedly received immunity from prosecution.
The timing of the deletion is important because it was done after Congress requested Clinton retain all of the emails that still existed. On Tuesday, Congressman Jason Chaffetz asked the Department of Justice to conduct an obstruction of justice investigation into the deletion of the emails.
However, if reports of the immunity deal are true, it seems unlikely that any sort of obstruction of justice investigation case can go forward. Combetta would seemingly be protected from prosecution.
That seems to be the conclusion of the Clinton campaign, at least according to what spokesman Brian Fallon told the newspaper. Fallon said all of this had already been “thoroughly examined by the F.B.I. prior to its decision to close out this case.”
He added, “As the F.B.I.’s report notes, neither Hillary Clinton nor her attorneys had knowledge of the Platte River Network employee’s actions. It appears he acted on his own and against guidance given by both Clinton’s and Platte River’s attorneys to retain all data in compliance with a congressional preservation request.”
Judge blasts State Dept for slow-walking Hillary emails
SMOKING GUN: “BleachBit” Paul Combetta ASKED TO STRIP OR REPLACE VIP’s EMAIL ADDRESS! https://redd.it/2bmm4l
#MAGAThe electronic exchange as noted here.
[–]GateheaD 1 point2 points3 points (0 children)