Ash Carter in Baghdad, 200 More Special Operators Deployed

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Add in more Apache helicopters so the real numbers of new deployments remain unknown. Today there is a cap of 3950 troops in Iraq but that number is hardly the real numbers in this mission creep. The real objective is taking back Mosul, a mission that will take a long time and honestly major coordination. The other truth is countless Iraqis are fleeing Mosul right now, destinations are unknown as well.

FNC: The U.S. has agreed to deploy more than 200 additional troops to Iraq and to send Apache helicopters for the first time into the fight against the Islamic State group in Iraq, U.S. defense officials said Monday.

The decisions reflect weeks of discussions with commanders and Iraqi leaders, and a decision by President Barack Obama to increase the authorized troop level in Iraq by 217 forces — or from 3,870 to 4,087.

The new plan, expected for weeks, would mark the first major increase in U.S. forces in nearly a year. Last June the Obama administration announced that hundreds of troops would be deployed to help the Iraqis retake Ramadi — a goal they accomplished at the end of the year.

Of the additional troops, most would be Army special forces, who have been used all along to advise and assist the Iraqis. The remainder would include some trainers, security forces for the advisers, and more maintenance teams for the Apaches.

The increased military support comes as the U.S.-led coalition looks to better enable local Iraqi and Syrian forces to retake the key cities of Mosul in Iraq and Raqqa in Syria.

The advise-and-assist teams — made up of about a dozen troops each — would embed with Iraqi brigades and battalions, putting them closer to the fight, and at greater risk from mortars and rocket fire. They would have security forces with them.

Putting the U.S. teams with Iraqi forces closer to the battlefront will allow them to provide more tactical combat advice as the Iraqi units move toward Mosul, the country’s second-largest city. Until now, U.S. advisers have worked with the Iraqis at the headquarters level, well back from the front lines.

The Apaches are considered a significant aid to any attack on Mosul, providing precision fires in the fight.

Last December, U.S. officials were trying to carefully negotiate new American assistance with Iraqi leaders who often have a different idea of how to wage war. At that time, the Iraqis turned down a U.S. offer to provide Apache helicopters for the battle to retake Ramadi.

Speaking to U.S. troops at the airport in Baghdad, Defense Secretary Ash Carter also said that he will send an additional rocket-assisted artillery system to Iraq. The system is likely to be used by Army soldiers who replace the Marines current stationed at a small outpost outside of the Iraqi base of Mohkmour.

U.S. officials have also said previously that the number of special operations forces in Syria would be increased at some point, but Carter did not mention that in his comments. Officials spoke about the plan on condition of anonymity because they weren’t authorized to discuss the matter publicly.

Carter’s announcement Monday came after several meetings with his commanders and Iraqi leaders about how the U.S. can best help Iraqi forces retake Mosul.

He met with Lt. Gen. Sean MacFarland, the top U.S. military commander for the Islamic State fight, as well as a number of Iraqi leaders including, Prime Minister Haider al-Abadi and Iraq’s minister of defense Khalid al-Obeidi.

He also spoke by phone with the president of Iraq’s autonomous Kurdish region, Massoud Barzani

Late last month, U.S. Gen. Joseph Dunford, chairman of the Joint Chiefs of Staff, told reporters that he and Carter believed there would be an increase in U.S. forces in Iraq in the coming weeks.

Later this week, Obama will be in Saudi Arabia to meet with Gulf leaders and talk about the fight against the Islamic State.

Carter has said the U.S. wants Gulf nations to help Iraq rebuild its cities once IS militants are defeated.

U.S. military and defense officials also have made it clear that winning back Mosul is critical, but will be challenging, because the insurgents are dug in and have likely peppered the landscape with roadside bombs and other traps for any advancing military..

A senior defense official told reporters traveling with Carter that while Iraqi leaders have been reluctant to have a large number of U.S. troops in Iraq, they also need certain capabilities that only more American or coalition forces can provide.

Iraqi leaders, said the official, back the addition of more U.S. troops if they directly coincide with specific capabilities that Iraq forces needs to fight IS and take back Mosul. The official was not authorized to discuss the issue publicly so spoke on condition of anonymity.

U.S. leaders have also made it clear that ongoing political disarray and economic problems must be dealt with in order for Iraq to move forward.

This week, the country has been struggling with a political crisis, as efforts to oust the speaker of parliament failed. Al-Abadi’s efforts to get a new cabinet in place met resistance, and influential Shiite cleric Moqtada al-Sadr issued a deadline, giving parliament 72 hours to vote in a new Cabinet.

At the same time, the costs of the war against IS, along with the plunge in the price of oil — which accounts for 95 percent of Iraq’s revenues — have caused an economic crisis, adding fresh urgency to calls for reform. Iraqi officials predict a budget deficit of more than $30 billion this year.

F&F Per the 20,000 Pages, Impeach Lisa Monaco for Starters

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Fast and Furious, from the House Oversight and Government Reform Committee

 

1

F L A S H M E M O R A N D U M

April 14, 2016

To: Republican Members

Committee on Oversight and Government Reform

From: Chairman Jason Chaffetz

Re: Preliminary Update—The Fast and Furious Papers

Executive Summary

On January 19, 2016, U.S. District Judge Amy Berman Jackson ordered the Justice Department to produce documents to the Committee related to Operation Fast and Furious. The documents—previously withheld pursuant to the President’s executive privilege claim—detail the Department’s internal deliberations with respect to denying, and eventually admitting, that firearms were trafficked into the hands of Mexican cartel associates during Fast and Furious.

On April 8, 2016, the Department produced 20,500 pages of documents in response to Judge Jackson’s Order.

More than previously understood, the documents show the lengths to which senior Department officials went to keep information from Congress. Further, the documents reveal how senior Justice Department officials—including Attorney General Eric Holder—intensely followed and managed an effort to carefully limit and obstruct the information produced to Congress. Justice Department officials in Washington impeded the congressional investigation in several ways, including:

Presuming that allegations about gunwalking in Arizona were false and refusing to adjust when documents and evidence showed otherwise.

Politicizing decisions about how and whether to comply with the congressional investigation.

Devising strategies to redact or otherwise withhold relevant information from Congress and the public.

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Isolating the fallout from the Fast and Furious scandal to ATF leadership and the U.S. Attorney’s Office in Arizona.

Creating a culture of animosity towards congressional oversight.

Factual Background

On December 14, 2010, Customs and Border Patrol Agent Brian Terry, a United States Marine veteran, was killed while on patrol near Nogales, Arizona, just miles from the Mexican border. The only two firearms found at the scene were semi-automatic rifles that were allowed to walk as part of a firearms trafficking case named Operation Fast and Furious. The deadly Fast and Furious operation ultimately was responsible for allowing approximately 2,000 firearms to illegally flow into the hands of Mexican cartel associates.

The case was started by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Phoenix Field Division in 2009. In January 2010, ATF and the United States Attorney’s Office for the District of Arizona secured funding through the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program. The OCDETF designation and the use of numerous wiretaps opened the door for significant oversight and supervision by Washington, D.C.-based Justice Department officials.

Congressional Republicans have investigated Fast and Furious since January 2011. Over the course of the investigation, the Justice Department has provided false information, stonewalled document requests, produced scores of blacked-out pages and duplicate documents in order to bolster its page count for public relations purposes, and refused to comply with two congressional subpoenas.

Litigation Background

On February 4, 2011, the Justice Department wrote to Congress and denied that law enforcement officers allowed straw purchasers to buy firearms illegally in the United States with the intent to traffic them without apprehension. On December 2, 2011—nearly ten months later—the Justice Department retracted that letter and confirmed federal investigators let weapons walk away in the hands of straw purchasers, many of whom entered Mexico during Operation Fast and Furious.

On October 12, 2011, the Committee issued a subpoena to then Attorney General Eric Holder to obtain documents and communications related to the Fast and Furious operation. As the investigation proceeded, understanding why, how, and when Justice Department officials determined the February 4 letter was false, and why it took so long for them to correct the record, became a primary focus. The Attorney General refused to produce the documents covered by the subpoena, and the President asserted executive privilege over the documents on June 20, 2012.

On June 28, 2012, the House of Representatives voted to hold the Attorney General in contempt because the President’s assertion of executive privilege was inappropriate and legally deficient. Concurrently, the House passed a civil contempt resolution authorizing a lawsuit 3

against the Justice Department to obtain the documents. The House of Representatives Office of General Counsel filed the lawsuit against the Justice Department on August 13, 2012.

Judge Amy Berman Jackson issued her opinion on January 19, 2016.

January 19, 2016 Order and Opinion

The Committee’s motion to compel the Justice Department to produce all the documents and communications it withheld pursuant to the President’s executive privilege claim asserted that: (1) those records are not deliberative, and therefore not eligible to be withheld under an executive privilege claim; and (2) even if they were, the privilege is outweighed in this instance by the Committee’s compelling need for the material.

Judge Jackson ruled executive branch communications regarding how to respond to congressional inquiries and other public relations communications are indeed eligible for executive privilege protection. However, Judge Jackson determined the privilege is outweighed in cases where Congress has a compelling need for the documents.

In this case, Judge Jackson decided the Committee’s need for the documents outweighed the Department’s need to protect itself from the limited harm that could come from releasing them.

Judge Jackson ordered the Justice Department to produce all documents and communications previously withheld as deliberative, among other things. Judge Jackson’s Order stated:

For the reasons stated above, it is ORDERED that plaintiff’s motion to compel [Dkt. # 103] is GRANTED insofar as it calls for the production of documents responsive to the October 11, 2011 subpoena that concern the Department of Justice’s response to congressional and media inquiries into Operation Fast and Furious which were withheld on deliberative process privilege grounds . . . . In all other respects, it is DENIED. Records subject to this order shall be produced to plaintiff by February 2, 2016.

It is further ORDERED that by February 2, 2016, defendant shall produce to plaintiff all segregable portions of any records withheld in full or in part on the grounds that they contain attorney-client privileged material, attorney work product, private information, law enforcement sensitive material, or foreign policy sensitive material. Whether any additional records or portions of records are to be produced is a matter to be resolved between the parties themselves.1

1 Order and Opinion of Judge Amy Berman Jackson, Comm. on Oversight and Gov’t Reform v. Loretta E. Lynch, Atty. Gen. of the U.S., Civil Action No. 12-1332 (ABJ) (Jan. 19, 2016). 4

The Committee’s Appeal

The House General Counsel filed a notice of appeal of Judge Jackson’s decision on behalf of the Committee on April 8, 2016. The Committee is seeking the remaining documents responsive to the lawsuit and subpoena that are still being inappropriately withheld by the Justice Department for other reasons.

The Justice Department’s Production

Within hours of the notice of appeal being filed, the Justice Department released thousands of documents to the Committee. Assistant Attorney General Peter Kadzik wrote an accompanying letter to the Committee. It stated:

[I]n light of the passage of time and other considerations, such as the department’s interests in moving past this litigation and building upon our cooperative working relationship with the committee and other congressional committees, the department has decided that it is not in the executive branch’s interest to continue litigating this issue at this time. The Department believes that the information provided to the Committee in the referenced production . . . obviates any need for further litigation on this matter.2

2 Letter from Peter Kadzik, Ass’t Atty. Gen., to Hon. Jason E. Chaffetz, Chairman, H. Comm. on Oversight and Gov’t Reform (Apr. 8, 2016).

3 Julian Hattem, Feds hand over ‘Fast and Furious’ docs as House appeals for more, THE HILL, Apr. 8, 2016.

4 DOJ-FF-04906.

In a story about the document production, The Hill wrote: “The decision to hand over documents amounts to an admission of failure for the administration, which had long insisted that many of the records were not eligible for Congress’s oversight.”3 This is true. It is also true, however, that the Justice Department continues to withhold thousands of documents covered by the Committee’s subpoena.

Preliminary Findings

Top Justice Department officials did not take questions from Congress about Fast and Furious seriously. In fact, in response to questions from Congress in January 2011, they presumed gunwalking did not occur and proceeded from there. That pattern persisted throughout the congressional investigation.

On January 31, 2011, U.S. Attorney Dennis Burke wrote to Justice Department officials in Washington to share his concerns about a letter from Senate Judiciary Committee Ranking Member Charles Grassley to ATF Director Kenneth Melson raising questions about whether guns were allowed to traffic into Mexico. Burke wrote: “Grassley’s assertions regarding the Arizona investigation and the weapons recovered at the BP agent Terry murder scene are based on categorical falsehoods. I worry that ATF will take 8 months to answer this when they should be refuting its underlying accusations right now.“4

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Deputy Assistant Attorney General Jason Weinstein agreed: “This is a really important briefing for ATF – they need to nail it. . . . I’d be happy to work with ATF on the prep for this if it would be helpful.”5

5 DOJ-FF-04906.

6 DOJ-FF-04906.

7 DOJ-FF-04905.

8 DOJ-FF-44015—44018.

9 DOJ-FF-44015—44018.

10 DOJ-FF-44015—44018.

11 DOJ-FF-44015—44018.

12 DOJ-FF-11134.

Weinstein then suggested to Assistant Attorney General for the Criminal Division Lanny Breuer that he email Melson “offering any assistance they need for the Grassley briefing.”6 Weinstein further advised that “ATF can and should strongly refute” that a Fast and Furious weapon was involved in the Brian Terry attack.7

 On Friday, June 17, 2011, in response to news reports that firearms used in a high-profile kidnapping and murder were linked to Fast and Furious, Associate Deputy Attorney General Matt Axelrod emailed ATF, asking: “Were two F&F guns actually traced to the scene of this kidnapping? Can you run that down for us?”8 ATF dismissed the connection by responding that day: “[T]o suggest the guns are linked is like saying there was a murder in southeast three weeks ago. Tonight a car load of guys g[o]t caught with guns in southeast. Ergo the guns are linked to the murder.”9

Only after Chairman Issa and Ranking Member Grassley wrote to the Ambassador of Mexico on June 21, 2011 to ask for further details did Axelrod ask more probing questions of ATF.10 Subsequently, on June 22, 2011, Associate Deputy Attorney General Matt Axelrod emailed senior officials, including Deputy Attorney General Jim Cole: “I just heard from ATF. Their initial reporting on this was incorrect. Evidently, when MX law enforcement arrested the kidnappers at their hideout, they seized a number of firearms, two of which tie back to Fast and Furious. I’ll double check Issa’s letter in the morning, but it appears that the allegations in it (and in the Fox News report) are accurate.”11

Top Justice Department officials viewed the congressional investigation through a highly political lens. They constantly made decisions about whether and when to turn over documents based on political and public relations considerations.

 On March 9, 2011, Assistant Attorney General for Legislative Affairs Ron Weich forwarded a letter from the National Rifle Association to a group of senior Justice Department officials. The letter urged the House Judiciary Committee to hold hearings on ATF firearms trafficking enforcement tactics. Weich stated: “Chutzpah. The NRA’s now-public involvement in this may be useful in convincing reporters that this is part of the overall effort to discredit ATF.”12

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 On May 4, 2011, Attorney General Holder weighed in on the topic of how to respond to a Wall Street Journal article about Lanny Breuer’s role in Fast and Furious. He asked a group of top Justice Department officials: “If we go out with something do we make it worse?”13 In response to a subsequent email from a Criminal Division lawyer providing additional details about how wiretap applications are reviewed, Holder responded: “Ok- but everyone get ready- this isn’t about facts.”14

13 DOJ-FF-00657.

14 DOJ-FF-00656.

15 DOJ-FF-43037.

16 DOJ-FF-43037.

17 DOJ-FF-43037.

18 DOJ-FF-60096.

19 DOJ-FF-60096.

 On June 15, 2011, Stephen Kelly, the top legislative affairs official for the Federal Bureau of Investigation, emailed top Justice Department officials about whether to provide certain material responsive to the Committee’s subpoena:

[T]his is a very bad idea. This will become precedent for Sen. Grassley’s office to seek actual documents from DoJ and the FBI in pending criminal investigations, and there’s a better than 50/50 chance that Sen. Grassley will become Chairman of the Judiciary Committee in the next cycle. If the documents are provided here, we can expect to see specific requests to DoJ and the FBI for documents in pending criminal investigations as a routine matter from Committee chairs, potentially including Sen. Grassley.15

The FBI’s General Counsel, Valerie Caproni, weighed in on Kelly’s assessment with “I agree.”16 Lisa Monaco responded to the group, “I have spoken with folks here on this and think for now we will not be providing this[.]”17

In determining how the Department would describe in a letter to Chairman Issa the information being withheld, on September 19, 2011, DOJ lawyer Paul Colborn suggested “deleting the sentence giving a page count on our memos on memos withholding.”18 He went on to reason, “I think giving a page count is an inappropriate accommodation at this point. They have no legitimate oversight interest in that information.”19

 On October 5, 2011, DOJ Office of Public Affairs Director Matthew Miller emailed Attorney General Eric Holder:

If I were you, I would want answers from the entire team ([Deputy Attorney General Jim] Cole, [Associate Deputy Attorney General Steven] Reich, on down), on why the Department let Issa decide what to do with these memos. The whole point of the review is to find things like this and come up with plans for dealing with them. It should have been obvious that these memos were going to be a huge target, and instead of 7

just handing them over, the Department should have put them out to reporters on its own terms, instead of letting Issa do it. Give them to Issa at the same time you give them to the press with an explanation that takes the air out of the balloon. And if the answer is we owe it to Issa to give him this stuff first – well, that’s obviously ridiculous.20

20 DOJ-FF-61875.

21 DOJ-FF-61875.

22 DOJ-FF-12213—12214.

23 DOJ-FF-21337.

24 DOJ-FF-21335.

Holder forwarded the email to his chief of staff, Gary Grindler, with the comment, “I agree.”21

Top Justice Department officials in Washington wanted Congress and the public to have as little information as possible. They carefully chose language to minimize Congress’s and the public’s understanding of the role of the Department’s political staff in Fast and Furious.

 On March 16, 2011, an ATF official weighed in on the Justice Department’s response to a letter from House Judiciary Committee Chairman Lamar Smith. Chairman Smith’s letter asked several questions about Operation Fast and Furious, including “How many weapons have been allowed to pass to Mexico under the program known as ‘Fast and Furious’”? The ATF official advised senior Justice Department officials to exclude key information from their response. He wrote: “We would suggest that you pull the sentence that notes how many weapons we’ve recovered. It squares poorly with how many we haven’t.”22

 On March 31, 2011, senior Justice Department officials in Washington were discussing an imminent subpoena from Chairman Issa. Assistant Attorney General for National Security Lisa Monaco asked the group: “[W]hat’s the status of the response to [I]ssa that had been discussed to try to buy time?”23 DOJ Office of Public Affairs Director Matthew Miller subsequently drafted a letter to Chairman Issa. Regarding that draft, DOJ lawyer Paul Colborn wrote to Ron Weich: “Ron, Matt’s draft is not a good letter. Much too weak on the open investigation point and suggesting we’ll provide a ‘substantial’ number of documents while withholding only ‘some’ relating to the investigation into the death of the agent. Much more likely, it’s the reverse: we’ll provide only some and withhold a substantial number, and they concern not just the murder investigation but also the longstanding Fast and Furious investigation.”24

 On May 3, 2011, top Justice Department officials were discussing whether to give a statement to the Wall Street Journal for an impending story on the Fast and Furious investigation. The Wall Street Journal was preparing to report that Lanny Breuer’s office approved wiretaps which described questionable investigative techniques in March 2010. DOJ Office of Public Affairs Director Matthew Miller recommended against issuing a statement. In an email to Breuer and other top DOJ officials, he wrote: “I think people will accuse us of playing with semantics when we say that you did not authorize Fast and

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Furious, but they find out that CRM [DOJ’s Criminal Division] did authorize wiretaps.”25

25 DOJ-FF-28895.

26 DOJ-FF-28985.

27 Evan Perez, Lawmakers Step Up Probe of Gun Trafficking Operation, WALL ST. J., May 4, 2011.

28 DOJ-FF-48038.

29 DOJ-FF-00002.

30 DOJ-FF-00002.

 Later on May 3, 2011, top officials from DOJ’s Office of Public Affairs and other top DOJ officials were discussing how to respond to press inquiries about Lanny Breuer’s role in authorizing Fast and Furious. Officials from the Criminal Division wanted to issue a definitive denial that Breuer authorized the ATF operation. Office of Public Affairs Director Tracy Schmaler warned her colleagues: “. . . we run the risk of seeming disingenuous to some who will not take our explanation that aspects of the operation are not the same as authorizing the operation.”26 DOJ’s statement to the Wall Street Journal wound up being misleading and minimized Breuer’s role in Fast and Furious: “[The wiretap approvals are] a narrow assessment of whether a legal basis exists to support a surveillance request that ultimately goes before a judge for decision. These reviews are not approval of the underlying investigations or operations.”27

 On July 6, 2011, a draft letter to Chairman Issa and Ranking Member Cummings was circulated to senior Justice Department officials. In response, Department official Faith Burton wrote, “I’d stay away from the representation that we’ll fully cooperate in the future . . .” and removed language from the draft letter.28

 On August 17, 2011, Associate Deputy Attorney General Matt Axelrod wrote an email to ATF Assistant Deputy Director of the Office of Public and Governmental Affairs Chris Shaefer. In the email, Axelrod provided feedback in response to a draft external communication related to Fast and Furious. Axelrod advised Shaefer the draft “wades further than the last version into details and conclusions about Fast and Furious, which strikes us as unwise given the evolving nature of what we’re still learning about the underlying facts and the risk that what you say will be twisted and taken out of context by agency critics.”29

Axelrod further instructed Shaefer to keep his communications about Fast and Furious “high level.”30

The Justice Department’s political staff in Washington took steps to isolate the fallout from Fast and Furious to ATF and the U.S. Attorney’s Office in Arizona.

 On August 28, 2011, Attorney General Holder was strategizing with top officials in Washington about how to announce ATF Director Ken Melson and U.S. Attorney Dennis Burke would resign due to their roles in Fast and Furious. Holder was concerned the news would leak early because Melson had already cleaned out his office. He instructed his staff

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to have someone at ATF “close the door to his office.”31 Deputy Attorney General Jim Cole worried announcing Melson’s resignation would create the appearance Melson was the only official being removed. He wrote to Holder: “The problem with going earlier than Tuesday is that we won’t have Dennis in the package.“32

31 DOJ-FF-01272.

32 DOJ-FF-01310.

33 DOJ-FF-01310.

34 DOJ-FF-01310.

35 DOJ-FF-01268-69.

36 DOJ-FF-01268.

37 DOJ-FF-01267.

38 DOJ-FF-57853.

39 DOJ-FF-57852.

Holder responded: “Let’s hold all until Tuesday as planned.”33 He replied to his own email: “We have to make known the breadth of the changes- at the top in USAO and ATF. At worker level at USAO and ATF. No one is a fall guy here.”34

Further proof of the coordination by main Justice of the Melson and Burke staff changes occurred when Melson emailed a proposed “draft press release” he “would like to issue from ATF.”35 David O’Neil responded to the chain (with Holder cc’ed):

Ken’s message below reads like he may think he’s giving us a heads-up on the message he plans to send on Monday as opposed to asking for clearance. If we haven’t made clear to him that we want to approve/coordinate any messaging about this, we probably should say that OPA is going to revise the first draft he shared and we’ll get back to him with a new one.36

Stuart Goldberg alerted the email chain: “the DAG [Jim Cole] did tell him the change would be announced on Tuesday,” to which Holder questioned “Did Jim say it in Spanish?” Cole responded, “Further proof of the need for a change.”37

Talking points drafted by Ron Weich to communicate to congressional staff made clear both Melson and Burke were intended to be the scapegoats, noting: “These changes will help us move past the controversy that has surrounded Fast and Furious. Ken Melson and Dennis Burke have both acknowledged mistakes in that area, and it will be useful to turn the page from those mistakes.”38

According to Weich, Holder expected to “have these conversations personally,” but Weich believed “there may be a value in keeping the AG a step removed.”39 10

Top Justice Department officials disingenuously relied on the ongoing investigation by the Inspector General to ward off outside investigations.

On March 15, 2011, Justice Department officials in Washington and the U.S. Attorney’s Office in Arizona discussed “noises that they [the Mexican government] are opening a criminal investigation of ATF for Fast and Furious . . . .”40 DOJ Criminal Division Office of International Affairs Director Molly Warlow advised that the Inspector General’s review “shouldn’t have any interplay at all [with the Mexican government’s investigation], unless we wanted to (or needed to) invoke that as reason (even if disingenuously) to shelve the Mexican inquiry. I can see nothing but mischief (and headaches for us) in the mexicans pursuing this, so I would like to see if there is a way we can turn it off, and the sooner the better.”41

40 DOJ-FF-12160.

41 DOJ-FF-12160.

Going Forward

On April 8, 2016, the Committee filed a notice of appeal to the U.S. Court of Appeals for the D.C. Circuit. House General Counsel will file the appeal on behalf of the Committee, pursuant to the Federal Rules of Appellate Procedure. The purpose of the appeal is to obtain the full range of documents for which the Committee issued a subpoena in 2011 and brought this lawsuit in 2012. We expect those documents—which are still being withheld for inappropriate reasons by the Justice Department—will answer some of the outstanding questions about Operation Fast and Furious.

The emails and other internal Justice Department communications described in this memorandum represent a small subset of the 20,500 pages that the Committee received on April 8, 2016. Committee staff are working vigorously to review the entire set of documents that the Justice Department turned over to piece together how and why senior political officials in Washington obstructed the congressional investigation of Fast and Furious. The Committee will supplement the preliminary findings contained in this memorandum with a more complete report as soon as practicable. 11

APPENDIX: TIMELINE OF KEY DATES

December 14, 2010: Border Patrol Agent Brian Terry was fatally shot.

January 27, 2011: Sen. Charles Grassley wrote a letter to ATF Acting Director Kenneth E. Melson requesting information about the ATF-sanctioned sale of hundreds of firearms to straw purchasers. The letter mentioned a number of allegations that walked guns were found at the scene of the fire fight that killed Border Patrol Agent Brian Terry.

February 4, 2011: The Justice Department responded to Sen. Grassley and denied that law enforcement officers allowed straw purchasers to buy firearms illegally in the United States and take them into Mexico without being apprehended.

March 16, 2011: Chairman Issa wrote to then-Acting ATF Director Kenneth E. Melson requesting documents and information regarding Fast and Furious.

March 22, 2011: President Obama appeared on Univision and spoke about the “gunwalking” controversy. The President said neither he nor Attorney General Holder authorized Fast and Furious. He also stated, “There may be a situation here in which a serious mistake was made, and if that’s the case then we’ll find out and we’ll hold somebody accountable.”

March 31, 2011: The Committee issued a subpoena to Melson. The Department produced zero pages of non-public documents pursuant to that subpoena until June 10, 2011, on the eve of the Committee’s first Fast and Furious hearing.

October 12, 2011: Chairman Issa issued a subpoena for documents to the Justice Department. That subpoena, and its successors, is the subject of the ongoing litigation between the Committee and the Justice Department.

November 8, 2011: Holder stated for the first time in testimony before the Senate Judiciary Committee that “gunwalking” occurred in Fast and Furious.

December 2, 2011: The Justice Department retracted the February 4 letter and confirmed that federal investigators did in fact permit weapons to enter Mexico during Operation Fast and Furious.

June 20, 2012: The President asserted executive privilege over some of the documents being withheld by the Attorney General.

June 28, 2012: The House of Representatives voted (255-67) to hold the Attorney General in contempt because the President’s assertion of executive privilege was invalid, among other reasons. The House also passed (258-95) a civil contempt resolution that authorized a lawsuit against the Justice Department to obtain the documents. 12

August 13, 2012: The House of Representatives Office of General Counsel filed the lawsuit against the Justice Department.

January 19, 2016: Judge Amy Berman Jackson issued her order and opinion.

April 8, 2016: The House General Counsel filed a notice of appeal of Judge Jackson’s order so the Committee can secure the full range of documents for which it brought the lawsuit.

The Justice Department provided 20,500 pages of documents in response to Judge Jackson’s order.

 

US Air Force Plane Intercepted by Russian Jet

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No response by the Russians using the GUARD channel? This is the common airband channel for all aircraft regardless of tail number or flag. Essentially this appears to come close to electronic warfare.

WASHINGTON (AFP) –  A US Air Force reconnaissance plane was intercepted by a Russian SU-27 jet in an “unsafe and unprofessional” manner while flying a routine route in international airspace over the Baltic Sea, the Pentagon said.

“The US aircraft was operating in international airspace and at no time crossed into Russian territory,” said Laura Seal, a Pentagon spokeswoman.

The incident comes shortly after Russian aircraft repeatedly buzzed the USS Donald Cook this past week, including an incident Tuesday in which a Russian Su-24 flew 30 feet (nine meters) above the ship in a “simulated attack profile,” according to the US military’s European Command.

Russia has denied the action was reckless or provocative.

“This unsafe and unprofessional air intercept has the potential to cause serious harm and injury to all aircrews involved,” Seal said of Thursday’s incident.

“More importantly, the unsafe and unprofessional actions of a single pilot have the potential to unnecessarily escalate tensions between countries.”

The US aircraft in question was an RC-135.

***

FreeBeacon: Navy Captain Hernandez said the U.S. aircraft, a militarized Boeing 707 jet, was operating in international airspace “and at no time crossed into Russian territory.”

“This unsafe and unprofessional air intercept has the potential to cause serious harm and injury to all aircrews involved,” he said. “More importantly, the unsafe and unprofessional actions of a single pilot have the potential to unnecessarily escalate tensions between countries.”

According to Hernandez, the Su-27 carried out “erratic and aggressive maneuvers” by approaching the RC-135 at a high rate of speed from the side.

The Russian jet “then proceeded to perform an aggressive maneuver that posed a threat to the safety of the U.S. aircrew in the RC-135U,” the spokesman said.

 

“More specifically, the SU-27 closed within 50 feet of the wing-tip of the RC-135 and conducted a barrel roll starting from the left side of the aircraft, going over the top of the aircraft and ended up to the right of the aircraft,” he said.

The U.S. government is protesting all the incidents this week to the Russian government through diplomatic channels, he said.

The RC-135U, an electronic intelligence-gathering aircraft, is normally operated by five air crew and up to 16 electronic warfare officers and six or more regional specialists.

The dangerous aerial incident came two days after a simulated Russian aerial assault against the guided missile destroyer USS Donald Cook in the Baltic Sea. Washington called the simulated assault a military provocation, and said it nearly caused an international shootout.

Two Russian fighter-bombers, identified as Su-24s, made close passes over the Cook, including one jet that came within 30 feet of the warship.

A Navy officer said the buzzing was the most reckless flyover of a U.S. warship by either a Russian or Chinese warplane since the Cold War. “I’ve been in a lot of those situations and I’ve never seen any plane come that close,” the officer said.

The aerial harassment appears to be part of a Russian military campaign of intimidation against the United States and NATO.

Moscow has adopted hostile military policies toward the United States over U.S. deployment of missile defenses in Europe, which Moscow says threaten its missile forces. The Russians also have been upset by Western sanctions against its military annexation of Ukraine’s Crimea.

Strategically, Russian leader Vladimir Putin has been seeking to regain control and influence over what Moscow calls the “near abroad”—former Soviet republics and Eastern Bloc nations along the periphery of Russia’s borders in Eastern Europe.

The policy has led to military aggression against the Republic of Georgia in 2008 and Ukraine in 2014, where Russian troops took over the Crimean peninsula and are continuing to fuel separatist activity in eastern Ukraine.

In response, the United States and NATO are bolstering U.S. and allied military forces in Eastern Europe, with a specific emphasis of increasing military forces and troops near the Baltic states of Latvia, Estonia and Lithuania, as well as in Poland.

The recent Russian military provocations coincide with military activities by Moscow in the Russian enclave of Kaliningrad, which remains a major subject of U.S. monitoring. Russia in the past has threatened to deploy nuclear-capable Iskander short-range missiles in the enclave on the Baltic Coast between Poland and Latvia.

Earlier this week, Brian McKeon, principal undersecretary of defense for policy, told a House subcommittee hearing that Russia has prevented U.S. and allied flights over Kaliningrad that are allowed under the Open Skies Treaty.

Mark Schneider, a former Pentagon strategic forces analyst who specializes in Russian affairs, said the recent incidents over the Baltic Sea, including the simulated attack of a U.S. warship, are fundamentally different from past Russian provocations.

“It is a major escalation of Russian aggressiveness although it fits into a pattern of Russian activity that goes back years,” Schneider said. “The Russian Defense Ministry reaction was blatantly dishonest.”

Schneider said the likely U.S. response to these provocations are what former Pentagon official Richard Perle once dubbed “demarche-mellows,” or very weak, pro forma protests.

“If so, incidents like this will probably continue to escalate,” Schneider said.

Thursday’s aerial encounter involving the RC-135 was at least the second time this year that Russian jets have conducted a dangerous intercept of a reconnaissance aircraft.

On Jan. 25, a Russian Su-27 came within 20 feet of an RC-135 over the Black Sea in what Navy Capt. Daniel Hernandez said was an “unsafe and unprofessional” action.

Unlike Thursday’s encounter, the Russian jet in January did not do a barrel roll, but instead made an aggressive, high-speed banking turn away from the intelligence aircraft.

The maneuver disturbed the pilot’s control of the RC-135.

The dangerous Su-24 overflight of the Cook on April 12 came a day after two other Russian Su-24s flew over the ship 20 times, including a dangerous pass as an allied helicopter was being refueled, causing a delay in flight operations until the Su-24s left the area.

The same day, a Russian Ka-27 Helix helicopter flew around the Cook, which had finished a port visit to Poland and had a Polish helicopter on board.

“The Russian aircraft flew in a simulated attack profile and failed to respond to repeated safety advisories in both English and Russian,” the European Command said in a statement.

The Pentagon released video of the encounter showing the close pass, which created a wake in the water.

Secretary of State John Kerry on Thursday criticized the Russian military provocation, though he declined to say what steps the United States would take in response.

The State Department lodged formal protests with Russia.

“We condemn this kind of behavior. It is reckless. It is provocative. It is dangerous. And under the rules of engagement that could have been a shoot-down,” Kerry told CNN and the Miami Herald.

“People need to understand that this is serious business and the United States is not going to be intimidated on the high seas. … We are communicating to the Russians how dangerous this is and our hope is that this will never be repeated,” Kerry said.

The Cook is equipped with anti-aircraft defenses including the Close-In Weapons System, an automated air defense gun that can destroy aircraft with 25-millimeter rounds. The weapon was not readied because the ship was operating under the U.S.-Russian agreement not to illuminate each other’s aircraft.

“We have deep concerns about the unsafe and unprofessional Russian flight maneuvers,” the European command said in a statement.

“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.”

Kerry on Friday discussed the Cook incident with Russian Foreign Minister Sergey Lavrov, a State Department spokesman said.

Moscow sought to play down the incident involving the Cook. Russian Defense Ministry spokesman Igor Konashenkov told the state-run Interfax news agency that the Russian pilots acted within safety guidelines.

The incidents violated the bilateral U.S.-Russian agreement designed to prevent incidents at sea. The accord prohibits conducting simulated attacks and also limits the use of automated anti-aircraft guns.

Other incidents in recent months included a near collision between a Russian fighter and an RC-135 over the Black Sea on May 30, and on April 7, 2015, a Su-27 flew within 20 feet of an RC-135 over the Baltic Sea.

Additionally, last October, two Russian Tu-142 bombers made low passes near the aircraft carrier USS Reagan as it sailed in the Sea of Japan near the Korean peninsula. And on July 4, 2015, two Tu-95 nuclear-capable bombers approached within 40 miles of the California coast and radioed a “happy birthday” message to intercepting U.S. pilots.

The July 4 provocation occurred the same day President Obama held a telephone call with Putin.

Russia also has sent Tu-95 bombers to circle the Pacific island of Guam several times. The island is a major military hub and central to the U.S. military’s pivot to Asia.

 

 

Obama’s My Brother’s Keeper Initiative with Rappers

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This site has posted about the ‘My Brother’s Keeper Initiative previously. This was the genesis of the matter of equalizing law enforcement across the country. Additionally it is part of the Obama jailbreak operation, releasing only minor drug offenders from prison, you know those…there were non-violent? Of the last released of 61 he released and gave a pardon, 1/3 of them were serving life sentences.

Both Hillary and Bernie have also joined into the program by supporting a stop to ‘mass incarceration’ on the campaign trail.

This part Friday, it seems Obama brought into the White House some real experts on the matter.

Must have been a great Friday night at the White House.

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All Your Favorite Rappers Met With President Obama About Criminal Justice Reform

Nicki Minaj, Chance the Rapper, Alicia Keys, and others were in attendance

President Obama hosted some of hip-hop’s biggest stars for a meeting at the White House on Friday.

Time: According to a White House official Nicki Minaj, Chance the Rapper, Alicia Keys, Wale, J. Cole, and Ludacris were among the stars who sat down with Obama and some of his top advisers to talk about criminal justice reform and the My Brother’s Keeper Initiative. An official says the stars were singled out due to their work within communities to confront issues facing young people

“Through their own nonprofit work or artistic commitment, many of these artists have found ways to engage on the issues of criminal justice reform and empowering disadvantaged young people across the country,” an official says.

A source close to the White House says DJ Khaled is also attending the meeting.

The President and his team have focussed on the issue of criminal justice throughout his second term. Most recently, the president commuted the sentences of dozens of drug offenders, many of whom will be released from federal custody this summer. Obama has also made a point of championing programs that address disadvantages faced by young men and boys of color, chiefly through his My Brother’s Keeper Initiative.

According to the White House, the celebrities Obama has convened have also been active on the subject of criminal justice. Singer Alicia Keys has lobbied Congress to pass criminal justice reform legislation while Chance the Rapper leads an anti-violence campaign in the president’s hometown of Chicago. Many of the other guests including Common, J.Cole, and Wale encourage and support youth through programming.

The meeting is said to have started earlier in the afternoon.

There Goes 9 More Gitmo Detainees

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Oh, late Friday night, cloak and daggar? No White House announcement from the podium?

Since most of the remaining detainees are from Yemen, 9 were released to Saudi Arabia. Think about that for a moment. Saudi has been at war in recent months in Yemen and the United States had to literally flee during the first days of the war, terminating our CIA staff and our major drone operation against al Qaeda Arabian Peninsula, AQAP.

This is a headscratcher….unless….well nevermind.

ABC: Authorities say the U.S. has released nine prisoners from Guantanamo Bay and sent them to Saudi Arabia for resettlement.

All nine are Yemeni but have family ties to Saudi Arabia. None of the men had been charged and all but one had been cleared for release from the U.S. base in Cuba since at least 2010. One was approved for release by a review board last year.

They could not be sent to their homeland because of instability there.

The prisoners include a frequent hunger striker whose weight had dropped to as low as 74 pounds (34 kilograms) at one point.

The release announced Saturday in a Pentagon statement brings the Guantanamo prisoner population to 80, including 26 cleared men expected to leave by the end of the summer.

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Stripes: The nine Yemenis include Tariq Ba Odah, a frequent hunger striker whose weight dropped to a dangerously low 74 pounds (34 kilograms) at one point as the military fed him with liquid nutrients to prevent him from starving to death. His lawyers at the Center for Constitutional Rights had urged the U.S. to free him earlier due to his health.

Eight of the prisoners, including Ba Odah, had been cleared for released from Guantanamo since at least January 2009, when an Obama administration task force evaluated all of the prisoners held at that time. The ninth, Mashur Abdullah Muqbil Ahmed Al-Sabri, was cleared by a review board last year.

The other prisoners in this release were identified as: Ahmed Umar Abdullah Al-Hikimi; Abdul Rahman Mohammed Saleh Nasir; Ali Yahya Mahdi Al-Raimi; Muhammed Abdullah Muhammed Al-Hamiri; Ahmed Yaslam Said Kuman; Abd al Rahman Al-Qyati; and Mansour Muhammed Ali Al-Qatta.

The last time Barack Obama was to be with the Saudis was at a Camp David Gulf Nation Summit, where he was snubbed. Furthermore in recent days there has been other hostilities over the 28 missing pages of the 9/11 report where there is text that at least one Saudi diplomatic had met with two of the hijackers in California providing them with material and monetary support. Anyway, Obama starts this coming week with his trip to Saudi Arabia mostly to meet on the fight against Islamic State.

ABC: resident Barack Obama will strategize with his Middle Eastern and European counterparts on a broad range of issues during a weeklong trip to Saudi Arabia, England and Germany with efforts to rein in the Islamic State group being the common denominator in all three stops.

Obama, who begins traveling next week, recently said defeating IS his No. 1 priority. He paid a rare visit to CIA headquarters this week for a national security team meeting focused on countering the group.

The president is scheduled to arrive in the Saudi capital of Riyadh on Wednesday, where he will hold talks with King Salman. Obama will also attend a summit hosted by leaders of six Persian Gulf countries that are members of the Gulf Cooperation Council: Saudi Arabia, Kuwait, the United Arab Emirates, Qatar, Bahrain and Oman.

The summit follows a similar gathering that Obama hosted with the Gulf leaders last year at the Camp David presidential retreat. The White House arranged last year’s meeting largely to reassure Gulf leaders who were unnerved by a deal the U.S. and other world powers negotiated with Iran to ease economic sanctions in exchange for limits on its nuclear program.

The Iran deal is now in force, and the meeting next week will focus on defeating the Islamic State militants and al-Qaida, as well as regional security issues that include Iran.

Obama will spend most of his time in England. He is scheduled to meet again with Queen Elizabeth II over lunch at Windsor Castle on April 22, a visit that coincides with her 90th birthday a day earlier.

Obama will also meet with British Prime Minister David Cameron, who is campaigning for his country to continue its membership in the European Union. Britons are scheduled to vote on its EU membership in a June 23 referendum, the first vote ever by a nation on whether to leave the 28-member, post-World War II bloc.

Obama is not expected announce a position on the referendum, although aides have voiced support for a strong United Kingdom as a member of the E.U.

“He’ll make clear that this is a matter the British people themselves will decide when they head to the polls in June,” Ben Rhodes, Obama’s deputy national security adviser, said Thursday as he outlined the trip for reporters.

Cameron has also been stung by criticism over his investment in an offshore trust run by his late father. The revelation was part of the recent dump of more than 11 million documents from a Panama law firm that is one of the leaders in setting up offshore bank accounts for the rich and powerful.

Obama also plans a town hall-style, question-and-answer session with young adults, which has become a staple of his foreign trips. Additional stops were being planned for London.

In Germany, the final stop on Obama’s three-country trip, the president will hold talks and a news conference Sunday with Chancellor Angela Merkel. Merkel’s popularity has suffered after she angered Germans by allowing a massive resettlement of refugees from Syria and other war-torn countries. She recently helped broker a deal between the EU and Turkey to stem the refugee flow to Europe.

Obama also plans to join Merkel to open the Hannover Messe, the world’s largest trade show for industrial technology.

Before departing for Washington, Obama has scheduled a speech reviewing U.S.-European collaboration during his tenure and looking ahead to future joint efforts.