Author Archives: Denise Simon

Chicago: Judge Halts Construction of Obama Presidential Library

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This is beginning to sound like all the corrupt land/mortgage deals during the mission to bring the Olympics to Chicago…remember that?

Chicago Park Board Approves Obama Library Land Transfer ...

About the Library

The Barack Obama Presidential Library is the 14th presidential library administered by the National Archives and Records Administration (NARA), a federal agency.

Unlike other Presidential Libraries administered by NARA, the Barack Obama Presidential Library will be a fully digital library.  After the records are digitized, NARA will store and preserve the original materials in an existing NARA facility that meets NARA’s standards for archival storage.  A staff at that location will be responsible for caring for the records and artifacts.

Currently, the Obama administration materials are housed in a temporary facility in Hoffman Estates, IL, which is not open to the public.  Obama presidential records are administered in accordance with the requirements of the Presidential Records Act (PRA) and will not be subject to public Freedom of Information Act (FOIA) requests until January 20, 2022.

About the Obama Presidential Center

The Obama Foundation is constructing the Obama Presidential Center on Chicago’s South Side in Jackson Park.  The Center will be a privately operated, non-federal organization. For the most current information on the Obama Presidential Center, visit their website at www.obama.org.

*** The judge nominated by former President Obama dealt a blow Tuesday to the former president’s efforts to build his presidential library in Chicago with a ruling that a lawsuit challenging the facility’s planned construction can go forward.

The Obamas just revealed a first look at the new Presidential Center in Chicago | Inhabitat ...

CHICAGO (AP) — A federal judge gave the green light Tuesday to a parks-advocacy group’s lawsuit that aims to stop for good the delayed construction of former President Barack Obama’s $500 million presidential center in a Chicago park beside Lake Michigan.

Supporters of the project had hoped the court would grant a city motion to throw out the lawsuit by Protect Our Parks, some fearing any drawn out litigation might lead Obama to decide to build the Obama Presidential Center somewhere other than his hometown.

A lawsuit brought by another group in 2016 helped to scuttle a $400 million plan by “Star Wars” creator George Lucas to build a museum on public land on Chicago’s lakefront. That museum is now under construction in Los Angeles .

Judge John Robert Blakey heard arguments last week on the city’s motion to dismiss. Blakey did toss parts of the suit in his Tuesday ruling, but concluded the group has standing to sue because it represent taxpayers with concerns that providing parkland in the public trust to the Obama center violates their due-process rights.

Blakey’s ruling doesn’t mean the group will necessarily prevail in the end, but confirms that the suit poses a formidable threat to the project. The judge indicated that he doesn’t want the litigation to drag out, and that he would strictly limit any fact gathering leading up to trial to 45 days.

“We are pleased that the court dismissed some of the claims and made clear that the proceedings will move forward expeditiously,” said Chicago corporation counsel Ed Siskel. It was also the view of the Obama Foundation in its one-sentence reaction to Blakey’s ruling.

Blakey tossed the plaintiffs’ claim that their First Amendment rights would be violated if tax money is used to construct a building to promote former President Barack Obama’s political interests.

He also found no merit in the plaintiffs’ claim they would suffer because of aesthetic and environmental harm to Jackson Park.

Blakey says his ruling “does not address the true facts of this case.”

Plans call for the center to be built in Jackson Park, which was named after President Andrew Jackson and was a site for the Chicago World’s Fair in 1893. The site 7 miles (11 kilometers) south of downtown Chicago is near low-income neighborhoods where Obama worked as a community organizer and is just blocks from the University of Chicago where Obama was a law professor. It is also close to the home where the Obamas lived until he won the presidency in 2008.

The center was originally slated to open in 2021, though ground hasn’t yet broken because of the lingering litigation.

In its 2018 suit , Protect Our Parks accused the city of illegally transferring park land to a private entity, The Obama Foundation, effectively “gifting” prized land to a Chicago favorite son. The group said city officials manipulated the approval process and tinkered with legislation to skirt long-standing laws designed to ensure residents have unobstructed access to lakeside parks.

“Defendants have chosen to deal with it in a classic Chicago political way … to deceive and seemingly legitimize an illegal land grab,” the lawsuit says.

To make the park available for the project, the Chicago Park District first sold the land to the city for $1. Illinois legislators amended the state’s Illinois Aquarium and Museum Act to include presidential libraries as an exception to the no-development rules if there’s a compelling public interest. The Chicago City Council approved the project by a 47-to-1 vote last May.

The Obama Foundation, a private nonprofit, would pay $10 to the city for use of the park land for 99 years, cover the costs of building the complex and be responsible for covering operating costs for 99 years. Once built, the Obama Presidential Center’s physical structures would be transferred to the city for free, meaning the city would formally own the center but not control what happens there.

“They are essentially giving (property) to Obama … for 10 cents a year for 99 years,” parks advocacy lawyer Mark Roth said Thursday.

In a friend-of-the-court brief , legal scholar Richard Epstein said public-trust doctrine places an extra burden on authorities to prove overwhelming public benefit when they offer the use of public parks to such well-connected figures as Obama, who remains hugely popular in the heavily Democratic city. Chicago Mayor Rahm Emanuel once served as Obama’s White House chief of staff.

One claim Blakey tossed Tuesday was that taxpayers’ First Amendment rights would be infringed upon because tax money would be spent to reconfigure roads and traffic. The suit argued that taxpayers would thus subsidize any partisan political activity by Obama at the center.

City lawyers conceded Thursday that Chicago would pay an estimated $175 million to reconfigure roads to manage traffic around the center.

The lawsuit also claims that the center would interfere with migrating butterflies and birds.

City lawyers said Protect Our Parks misread the law, misrepresented how the approval process played out and exaggerated potential environmental disruptions.

The center would comprise 20 acres (8 hectares) of the 500-acre (202-hectare) park. Its centerpiece would be a 225-foot (69-meter) museum tower, surrounded by a cluster of smaller buildings, including a 300-seat auditorium.

City lawyers said it would bring a major economic boost to poor local minority communities. Backers estimate it would create 5,000 jobs during construction and over 2,500 permanent jobs. An estimated 760,000 people could visit each year.

U.S. is Presently Under 31 National Emergency Orders

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Of particular note is during the peaceful transfer of power from Obama to Trump, Obama told Trump the number one threat to the United States and her interests is North Korea. Notice that Obama never made any declaration regarding North Korea. Notice too that under Obama, the Sinaola Cartel, the narco terror organization that killed thousands in Mexico and many in the United States was not part of any declaration. But….Obama did declare a national emergency due to the socialist revolution in Venezuela and hence that has caused 3 million Venezuelans to flee.

Oh yeah….nothing from Obama either regarding Islamic State and Syria or Iraq…..or Russia considering Moscow’s intrusion into our 2016 election systems…..

Image result for presidential emergency powers

***

According to the Federal Register, 58 national emergencies have been declared since the National Emergency Act of 1976 was signed into law by President Gerald Ford.

And 31 have been annually renewed and are currently still in effect, as listed in the Federal Register.

Here’s a list of the presidents who declared still ongoing national emergencies.

President Jimmy Carter

 

Nov 14, 1979: The National Emergency With Respect to Iran, in response to the Iran hostage crisis.

President Bill Clinton

Nov 14, 1994: The National Emergency With Respect to the Proliferation of Weapons of Mass Destruction, that combined two previous national emergencies focused on weapons of mass destruction.

Jan. 2, 1995: The National Emergency With Respect to Prohibiting Transactions with Terrorists Who Threaten to Disrupt the Middle East Peace Process placed economic sanctions in response to the Jerusalem bombing.

March 15, 1995: The National Emergency With Respect to Prohibiting Certain Transactions with Respect to the Development of Iranian Petroleum Resources was an effort to prevent potential deals between oil companies.

October 21, 1995: The National Emergency With Respect to Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers Centered in Colombia was declared after increased reports of drug cartels laundering money through American companies.

March 1, 1996: The National Emergency With Respect to Regulations of the Anchorage and Movement of Vessels with Respect to Cuba was after civilian planes were shot down near Cuba

November 3, 1997: The National Emergency With Respect to Blocking Sudanese Government Property and Prohibiting Transactions with Sudan implemented economic and trade sanctions.

President George W. Bush

 

June 26, 2001: The National Emergency With Respect to Blocking Property of Persons Who Threaten International Stabilization Efforts in the Western Balkans imposed sanctions on those aiding Albanian insurgents in Macedonia

Aug 17, 2001: The National Emergency With Respect to Export Control Regulations renewed presidential power to control exports in a national emergency since the Export Administration Act of 1979 lapsed.

Sept 14, 2001: The National Emergency with Respect to Certain Terrorist Attacks was in response to the terrorist attacks of 9/11 and the continuing and immediate threat of further attacks on the United States.

Sept 23, 2001: The National Emergency With Respect to Persons who Commit, Threaten to Commit, or Support Terrorism was in response to the terrorist attacks of 9/11.

March 6, 2003: The National Emergency With Respect to Blocking Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe was an effort to punish associates of Robert Mugabe.

May 22, 2003: The National Emergency With Respect to Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq has an Interest was issued following the U.S. invasion of Iraq.

May 11, 2004: The National Emergency With Respect to Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria was in response to Syria supporting terrorist activity in Iraq.

June 16, 2006: The National Emergency With Respect to Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus was in response to charges of fraud in the Belarus presidential election.

Oct 27, 2006: The National Emergency With Respect to Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo was in response to violence around the Congolese presidential election runoff.

Aug 1, 2007: The National Emergency With Respect to Blocking Property of Persons Undermining the Sovereignty of Lebanon was in response to a breakdown of the rule of law in Lebanon.

June 26, 2008: The National Emergency With Respect to Continuing Certain Restrictions with Respect to North Korea cited the risk of proliferation of weapons-usable fissile material. President Trump renewed this June 22, 2018 citing the “existence and risk of proliferation of weapons-usable fissile material on the Korean Peninsula and the actions and policies of the Government of North Korea continue to pose an unusual and extraordinary threat.”

President Barack Obama

April 12, 2010: The National Emergency With Respect to Blocking Property of Certain Persons Contributing to the Conflict in Somalia was in respect to threats posed by Somali pirates.

February 25, 2011: The National Emergency With Respect to Blocking Property and Prohibiting Certain Transactions Related to Libya froze the assets of Libyan leader Muammar Gaddafi.

July 25, 2011: The National Emergency With Respect to Blocking Property of Transnational Criminals was in response to the rise in crime by specific organizations: Los Zetas (Mexico), The Brothers’ Circle (former Soviet Union countries), the Yakuza (Japan), and the Camorra (Italy).

May 16, 2012: The National Emergency With Respect to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen addressed political unrest within the Yemen government.

March 16, 2014: The National Emergency With Respect to Blocking Property of Certain Persons Contributing to the Situation in Ukraine was in response to the Russian invasion of Crimea.

April 3, 2014: The National Emergency With Respect to Blocking Property of Certain Persons With Respect to South Sudan was in response to the ongoing civil war.

May 12, 2014: The National Emergency With Respect to Blocking Property of Certain Persons Contributing to the Conflict in the Central African Republic was in response to violence towards humanitarian aid workers.

March 8, 2015: The National Emergency With Respect to Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela was in response to human rights violations.

April 1, 2015: The National Emergency With Respect to Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities was in response to Chinese cyber attacks on the U.S.

Nov 23, 2015: The National Emergency With Respect to Blocking Property of Certain Persons Contributing to the Situation in Burundi was declared after a failed coup.

President Donald Trump

 

Dec 20, 2017: The National Emergency With Respect to Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption imposed sanctions on the Myanmar general for his role persecuting Rohingya Muslims.

Sept 12, 2018: The National Emergency With Respect to Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election attempted to prevent any meddling with the 2018 midterm elections amid the ongoing investigation into Russian interference in the 2016 presidential election.

Nov 27, 2018: The National Emergency With Respect to Blocking Property of Certain Persons Contributing to the Situation in Nicaragua was declared by President Trump in response to violence and the Ortega regime’s “systematic dismantling and undermining of democratic institutions and the rule of law” that constitutes an “unusual and extraordinary threat to the national security and foreign policy of the United States.”

DHS Spending Bill IS FULL of Nasty Things

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The bill is here if you choose to read it.

Image result for dhs funding border wall

1. The bill has language in that actually restricts who can do immigration sweeps and deportations.

2. That 55 miles of alleged construction has many caveats to it including approvals or denials by the land-owners for any kinds of barriers. Further, there is an historic church and a butterfly sanctuary that is restricted from any barrier construction.

3. There is NO money for an additional 750 Border Patrol agents and there is NO money for 2000 more ICE agents.

4. Any construction of a border wall cannot use any of the prototypes offered to the Federal government.

5. The bill would prohibit DHS from detaining or deporting a sponsor, potential sponsor, or household member of an unaccompanied minor based on information shared with HHS. (this means that all unaccompanied themselves their own sanctuary).

6. Detention for up to 100,000 illegals would require other options including wearing ankle bracelets or simply using a phone. This means essentially detention centers could be rendered obsolete.

7. A larger or perhaps a separate oversight committee/team will be established to manage all ICE activities.

8. There is a cap to immigrant beds at 45,274.

Meanwhile, it seems while unaccompanied children and the agencies that deal with them have full amnesty. So, Trump is declaring a national emergency. What does that mean?

Making this declaration out of a ‘fake emergency’ as the democrats like to label it does give the democrats the precedent to do the same with regard to climate change and or gun violence.

In December of 2017, Trump signed an Executive Order.

 

On December 20, 2017, by Executive Order 13818, the President declared a national emergency with respect to serious human rights abuse and corruption around the world and, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), took related steps to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.

The prevalence and severity of human rights abuse and corruption that have their source, in whole or in substantial part, outside the United States, continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.  For this reason, the national emergency declared on December 20, 2017, must continue in effect beyond December 20, 2018.  Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13818 with respect to serious human rights abuse and corruption.

*** When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress.

***

SUBCHAPTER IV—ACCOUNTABILITY AND REPORTING REQUIREMENTS OF PRESIDENT

§1641. Accountability and reporting requirements of President

(a) Maintenance of file and index of Presidential orders, rules and regulations during national emergency

When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintaining a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations.

(b) Presidential orders, rules and regulations; transmittal to Congress

All such significant orders of the President, including Executive orders, and such rules and regulations shall be transmitted to the Congress promptly under means to assure confidentiality where appropriate.

(c) Expenditures during national emergency; Presidential reports to Congress

When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures.

(Pub. L. 94–412, title IV, §401, Sept. 14, 1976, 90 Stat. 1257.)

SUBCHAPTER V—APPLICATION TO POWERS AND AUTHORITIES OF OTHER PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

§1651. Other laws, powers and authorities conferred thereby, and actions taken thereunder; Congressional studies

(a) The provisions of this chapter shall not apply to the following provisions of law, the powers and authorities conferred thereby, and actions taken thereunder:

(1) Chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41;

(2) Section 3727(a)–(e)(1) of title 31;

(3) Section 6305 of title 41;

(4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq.);

(5) Section 2304(a)(1) 1 of title 10; 2


(b) Each committee of the House of Representatives and the Senate having jurisdiction with respect to any provision of law referred to in subsection (a) of this section shall make a complete study and investigation concerning that provision of law and make a report, including any recommendations and proposed revisions such committee may have, to its respective House of Congress within two hundred and seventy days after September 14, 1976.

(Pub. L. 94–412, title V, §502, Sept. 14, 1976, 90 Stat. 1258; Pub. L. 95–223, title I, §101(d), Dec. 28, 1977, 91 Stat. 1625; Pub. L. 96–513, title V, §507(b), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 105–362, title IX, §901(r)(2), Nov. 10, 1998, 112 Stat. 3291; Pub. L. 107–314, div. A, title X, §1062(o)(1), Dec. 2, 2002, 116 Stat. 2652.)

*** Given the text of this Executive Order as case can be made that it applies to the crisis at the Southern border. The president does have the power and authority to amend that order or to annex it to be more exact to include the matter specifically at the border and other areas including visa overstays, a port of entry emergency due to fentanyl and other opioids, where 70,000 people a year die from overdoses.

Frankly, Trump should order an increase in funding to DEA to aid Border Patrol and ICE and install narco-training and drug use education in all public schools and universities.

Monica Elfriede Witt, former U.S. service member, Treason?

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Primer:
She once lived in Falls Church, Virginia. She speaks Farsi and in 2013 was known to be in either Afghanistan or Tajikistan teaching English….sure…..teaching….
FOR IMMEDIATE RELEASE
Wednesday, February 13, 2019

Former U.S. Counterintelligence Agent Charged With Espionage on Behalf of Iran; Four Iranians Charged With a Cyber Campaign Targeting Her Former Colleagues

Indictment Unsealed as U.S. Treasury Department Announces Economic Sanctions

Monica Elfriede Witt, 39, a former U.S. service member and counterintelligence agent, has been indicted by a federal grand jury in the District of Columbia for conspiracy to deliver and delivering national defense information to representatives of the Iranian government.  Witt, who defected to Iran in 2013, is alleged to have assisted Iranian intelligence services in targeting her former fellow agents in the U.S. Intelligence Community (USIC).  Witt is also alleged to have disclosed the code name and classified mission of a U.S. Department of Defense Special Access Program. An arrest warrant has been issued for Witt, who remains at large.

The same indictment charges four Iranian nationals, Mojtaba Masoumpour, Behzad Mesri, Hossein Parvar and Mohamad Paryar (the “Cyber Conspirators”), with conspiracy, attempts to commit computer intrusion and aggravated identity theft, for conduct in 2014 and 2015 targeting former co-workers and colleagues of Witt in the U.S. Intelligence Community.  The Cyber Conspirators, using fictional and imposter social media accounts and working on behalf of the Iranian Revolutionary Guard Corps (IRGC), sought to deploy malware that would provide them covert access to the targets’ computers and networks.  Arrest warrants have been issued for the Cyber Conspirators, who also remain at large.

The announcement was made by Assistant Attorney General for National Security John Demers, U.S. Attorney Jessie K. Liu for the District of Columbia, Executive Assistant Director for National Security Jay Tabb of the FBI, U.S. Treasury Secretary Steven Mnuchin, Special Agent Terry Phillips of the Air Force Office of Special Investigations, and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office.

“Monica Witt is charged with revealing to the Iranian regime a highly classified intelligence program and the identity of a U.S. Intelligence Officer, all in violation of the law, her solemn oath to protect and defend our country, and the bounds of human decency,” said Assistant Attorney General Demers.  “Four Iranian cyber hackers are also charged with various computer crimes targeting members of the U.S. intelligence community who were Ms. Witt’s former colleagues. This case underscores the dangers to our intelligence professionals and the lengths our adversaries will go to identify them, expose them, target them, and, in a few rare cases, ultimately turn them against the nation they swore to protect.  When our intelligence professionals are targeted or betrayed, the National Security Division will relentlessly pursue justice against the wrong-doers.”

“This case reflects our firm resolve to hold accountable any individual who betrays the public trust by compromising our national security,” said U.S. Attorney Liu.  “Today’s announcement also highlights our commitment to vigorously pursue those who threaten U.S. security through state-sponsored hacking campaigns.”

“The charges unsealed today are the result of years of investigative work by the FBI to uncover Monica Witt’s betrayal of the oath she swore to safeguard America’s intelligence and defense secrets” said Executive Assistant Director for National Security Tabb.  “This case also highlights the FBI’s commitment to disrupting those who engage in malicious cyber activity to undermine our country’s national security. The FBI is grateful to the Department of Treasury and the United States Air Force for their continued partnership and assistance in this case.”

“Treasury is taking action against malicious Iranian cyber actors and covert operations that have targeted Americans at home and overseas as part of our ongoing efforts to counter the Iranian regime’s cyber-attacks,” said Treasury Secretary Steven Mnuchin.  “Treasury is sanctioning New Horizon Organization for its support to the IRGC-QF.  New Horizon hosts international conferences that have provided Iranian intelligence officers a platform to recruit and collect damaging information from attendees, while propagating anti-Semitism and Holocaust denial.  We are also sanctioning an Iran-based company that has attempted to install malware to compromise the computers of U.S. personnel.”

“The alleged actions of Monica Witt in assisting a hostile nation are a betrayal of our nation’s security, our military, and the American people,” said Special Agent Phillips. “While violations like this are extremely rare, her actions as alleged are an affront to all who have served our great nation.”

“This investigation exemplifies the tireless work the agents and analysts of the FBI do each and every day to bring a complex case like this to fruition,’ said Assistant Director in Charge McNamara.  “Witt’s betrayal of her country and the actions of the cyber criminals – at the behest of the IRGC – could have brought serious damage to the United States, and we will not stand by and allow that to happen.  The efforts by the Iranian government to target and harm the U.S. will not be taken lightly, and the FBI will continue our work to hold those individuals or groups accountable for their actions.”

According to the allegations contained in the indictment unsealed today:

Monica Witt’s Espionage

Monica Witt, a U.S. citizen, was an active duty U.S. Air Force Intelligence Specialist and Special Agent of the Air Force Office of Special Investigations, who entered on duty in 1997 and left the U.S. government in 2008.  Monica Witt separated from the Air Force in 2008 and ended work with DOD as a contractor in 2010.  During her tenure with the U.S. government, Witt was granted high-level security clearances and was deployed overseas to conduct classified counterintelligence missions.

In Feb. 2012, Witt traveled to Iran to attend the Iranian New Horizon Organization’s “Hollywoodism” conference, an IRGC-sponsored event aimed at, among other things, condemning American moral standards and promoting anti-U.S. propaganda.  Through subsequent interactions and communications with a dual United States-Iranian citizen referred to in the indictment as Individual A, Witt successfully arranged to re-enter Iran in Aug. 2013.  Thereafter, Iranian government officials provided Witt with a housing and computer equipment.  She went on to disclose U.S. classified information to the Iranian government official.  As part of her work on behalf of the Iranian government, she conducted research about USIC personnel that she had known and worked with, and used that information to draft “target packages” against these U.S. agents.

Iranian Hacking Efforts Targeting Witt’s Former Colleagues

Beginning in late 2014, the Cyber Conspirators began a malicious campaign targeting Witt’s former co-workers and colleagues.  Specifically, Mesri registered and helped manage an Iranian company, the identity of which is known to the United States, which conducted computer intrusions against targets inside and outside the United States on behalf of the IRGC.  Using computer and online infrastructure, in some cases procured by Mesri, the conspiracy tested its malware and gathered information from target computers or networks, and sent spearphishing messages to its targets.  Specifically, between Jan. and May 2015, the Cyber Conspirators, using fictitious and imposter accounts, attempted to trick their targets into clicking links or opening files that would allow the conspirators to deploy malware on the target’s computer.  In one such instance, the Cyber Conspirators created a Facebook account that purported to belong to a USIC employee and former colleague of Witt, and which utilized legitimate information and photos from the USIC employee’s actual Facebook account. This particular fake account caused several of Witt’s former colleagues to accept “friend” requests.

El Chapo on his Way to Florence, Colorado Forever

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Murder On The Road To ADX Supermax | Prison Writers
The prison holds an estimated 400 inmates, the worst of the worst, including convicted al Qaeda operatives, Terry Nichols, Robert Hanssen, Dzhokar Tsarnaev and Vincent Basciano.

El Chapo, I Need a Doctor, I'm Going Nuts in Jail ...

Joaquin “El Chapo’ Guzman, Sinaloa Cartel Leader, Convicted Of Running A Continuing Criminal Enterprise and Other Drug-Related Charges

Joaquin Archivaldo Guzman Loera, known by various aliases, including “El Chapo” and “El Rapido,” was convicted today by a federal jury in Brooklyn, New York of being a principal operator of a continuing criminal enterprise – the Mexican organized crime syndicate known as the Sinaloa Cartel – a charge that includes 26 drug-related violations and one murder conspiracy.  Guzman Loera was convicted of all 10 counts of a superseding indictment, including narcotics trafficking, using a firearm in furtherance of his drug crimes and participating in a money laundering conspiracy.  The verdict followed a 12-week trial before U.S. District Judge Brian M. Cogan.  Guzman Loera faces a mandatory sentence of life imprisonment at his sentencing scheduled on June 25.

Acting Attorney General Matthew G. Whitaker, U.S. Department of Homeland Security Secretary Kirstjen Nielsen, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue for the Eastern District of New York, U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida, Acting Administrator Uttam Dhillon of the U.S. Drug Enforcement Administration (DEA), FBI Director Christopher Wray, Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and Acting U.S. Marshal Bryan T. Mullee of the Eastern District of New York, announced the verdict.

The Evidence at Trial:

As proven at trial, Guzman Loera was a principal leader of the Sinaloa Cartel, a Mexico-based international drug trafficking organization responsible for importing and distributing vast quantities of cocaine, marijuana, methamphetamine and heroin into the United States.  The evidence at trial, including testimony from 14 cooperating witnesses; narcotics seizures totaling over 130,000 kilograms of cocaine and heroin; weapons, including AK-47s and a rocket-propelled grenade launcher; ledgers; text messages; videos; photographs and intercepted recordings, detailed the drug trafficking activity of Guzman Loera and his co-conspirators over a 25-year period from January 1989 until December 2014.  Guzman Loera was repeatedly referred to by witnesses as one of the leaders of the Sinaloa Cartel.

Guzman Loera oversaw the smuggling of narcotics to wholesale distributors in Arizona, Atlanta, Chicago, Los Angeles, Miami, New York, and elsewhere.  The billions of illicit dollars generated from drug sales in the United States were then clandestinely transported back to Mexico.  Guzman Loera also used “sicarios,” or hit men, who carried out hundreds of acts of violence in Mexico to enforce Sinaloa’s control of territories and to eliminate those who posed a threat to the Sinaloa Cartel.

Drug Trafficking

In the course of the decades-long drug trafficking conspiracy, the Sinaloa Cartel transported tens of thousands of kilograms of narcotics from Central and South America for distribution in the United States.  Guzman Loera used various methods to transport the cartel’s narcotics into the United States, including submarines, carbon fiber airplanes, trains with secret compartments and transnational underground tunnels.  Multiple witnesses testified about seizures by law enforcement officers of massive amounts of cocaine, heroin and marijuana linked to the Sinaloa Cartel.  One of the largest seizures of drugs bound for the United States involved over seven tons of cocaine concealed in jalapeño cans.

The jury also heard recordings of Guzman Loera’s own damning words discussing his drug trafficking, corruption and violence.  The calls included Guzman Loera discussing sending “ice,” meaning methamphetamine, to Los Angeles, California; Minneapolis, Minnesota; Ohio and Tucson, Arizona.

Communications Network

Guzman Loera also utilized a sophisticated encrypted communications network to operate the global narcotics trafficking operation.  As an information technology engineer testified at trial, Guzman Loera paid him one million dollars to purchase and set up a network to enable the defendant to communicate via the internet with his drug trafficking associates in Colombia, Ecuador, Canada and the United States without fear of being intercepted by law enforcement or his rivals.  The witness devised a secret and secure system, consisting of encrypted cell phones and encrypted apps.

Cartel Violence

The success of the Sinaloa Cartel relied upon the use of violence to maintain their power throughout the region and beyond.  Numerous co-conspirators testified that Guzman Loera directed his hitmen to kidnap, interrogate, torture and shoot members of rival drug organizations, at times carrying out acts of violence himself.  A former hitman testified that Guzman Loera beat two men with a tree branch until their bodies “were completely like rag dolls,” before shooting the men and ordering their bodies be tossed into a bonfire.  The former hitman also testified that Guzman Loera interrogated a rival drug cartel member, shot him and ordered that he be buried alive.  In an intercepted call, the jury heard Guzman Loera order one of his sicarios to kidnap rival cartel members, but not to kill them without first checking with him.

Weapons

The Sinaloa Cartel had unfettered access to weapons.  A law enforcement witness showed the jury over 40 AK-47s that were seized in El Paso, Texas before they could be delivered to Guzman Loera in Mexico.  Additionally, witnesses identifed photographs of various weapons, including grenades and a rocket-propelled grenade launcher utilized by the Sinaloa Cartel.  Guzman Loera’s personal arsenal included a gold plated AK-47 and three diamond-encrusted .38 caliber handguns, one emblazoned with his initials, “JGL.”

Corruption

The evidence presented at trial demonstrated that to further the interests of the Sinaloa Cartel, Guzman Loera and his organization took advantage of a vast network of corrupt government officials.  These officials ranged from local law enforcement officers, prison guards, state officials, high ranking members of the armed forces, as well as politicians.  These corrupt officials assisted Guzman Loera and his organization in exchange for millions of dollars’ worth of bribery payments.  For example, according to the testimony of several witnesses, in many instances, Guzman Loera and his workers were warned of pending law enforcement operations which allowed Guzman Loera to avoid capture on multiple occasions.  In other instances, Guzman Loera, through his employees, paid officials to turn a blind eye to trafficking activities in an effort to facilitate the shipment of drugs, weapons, and bulk cash.

Money Laundering

Guzman Loera’s lucrative drug trafficking business generated billions of dollars in illicit proceeds.  Guzman Loera used various methods to launder money including bulk cash smuggling from the United States to Mexico.  One of the largest seizures was of $1.26 million seized from hidden compartments in a truck driven by Guzman Loera’s brother in Douglas, Arizona in 1989.  In addition to the bulk cash smuggling, Guzman Loera oversaw numerous shell companies, including a juice company and a fish flour company to launder the cartel’s narcotics trafficking proceeds.

“I am pleased that the Department has brought Joaquin Guzman Loera (El Chapo) to justice by securing a conviction against this drug kingpin, who was a principal leader of the Sinaloa Cartel,” said Acting Attorney General Whitaker.  “As was clear to the jury, Guzman Loera’s massive, multi-billion dollar criminal enterprise was responsible for flooding the streets of the United States with hundreds of tons of cocaine, as well as enormous quantities of other dangerous drugs such as heroin and methamphetamine.  The trial evidence also overwhelmingly showed that Guzman’s unceasing efforts to expand his cartel’s control and consolidate its power left a wake of corruption and violence in communities in both Mexico and the United States.  This case demonstrated the extraordinary reach of the U.S. government, our tenacity and commitment to pursuing kingpins like Guzman whom if their power is unchecked — will, like Guzman, develop what for 25 years was an almost unstoppable capacity to move massive quantities of drugs into our country.  Guzman had the capital to absorb huge losses and run his enterprise with impunity; the enormous power to corrupt; and the capability to employ violence on a massive scale.  This case, and more importantly, this conviction serves as an irrefutable message to the kingpins that remain in Mexico, and those that aspire to be the next Chapo Guzman, that eventually you will be apprehended and prosecuted.  Finally, this verdict demonstrates that the United States, working in close partnership with the Mexican government, will continue to bring all possible resources to bear in its fight against international drug traffickers and their violent organizations.”

“The guilty verdict against Joaquin Guzman Loera, one of the most violent and feared drug kingpins of our time, is a testament to the hard work and courage of America’s frontline law enforcement personnel, including ICE’s Homeland Security Investigations,” said DHS Secretary Nielsen.  “They gathered substantial evidence over multiple investigations, which made his extradition to the United States and a successful prosecution possible.  Today’s verdict sends an unmistakable message to transnational criminals: you cannot hide, you are not beyond our reach, and we will find you and bring you to face justice.  Like Guzman, you will suffer the consequences of your criminal behavior.  I applaud the brave men and women at DHS who helped make this conviction possible and thank our interagency and international partners for their exceptional work.”

“Guzman Loera’s bloody reign atop the Sinaloa Cartel has come to an end, and the myth that he could not be brought to justice has been laid to rest,” said U.S. Attorney Donoghue.  “Today, Guzman Loera has been held accountable for the tons of illegal narcotics he trafficked for more than two decades, the murders he ordered and committed, and the billions of dollars he reaped while causing incalculable pain and suffering to those devastated by his drugs.  Today’s verdict is the culmination of the tireless work of countless brave members of law enforcement, here and abroad, and we congratulate them.  The Department of Justice is committed to eradicating criminal organizations that fuel America’s drug epidemic, and our mission will continue until it is completed.”

“The conviction of former Sinaloa Cartel leader Joaquin Guzman Loera strips the power from a man who employed horrific acts of violence to infect communities, throughout the United States and abroad, with the venom of illicit drugs,” said U.S. Attorney Fajardo Orshan.  “Today’s verdict is a reminder to all, that our international borders do not protect narco-traffickers and the cartels’ criminal enterprises from federal prosecution.  U.S. Attorney’s Offices across the nation stand united with our domestic and foreign law enforcement partners, as we continue our fight against transnational criminal organizations.”

“The reign of Joaquin Guzman Loera’s crime and violence has come to an end,” said FBI Director Wray.  “As leader of the Sinaloa Cartel, Guzman Loera carried out and directed acts of brazen violence as he oversaw the import and distribution of vast amounts of illegal drugs throughout the United States.  But today, through the steadfast determination and collective efforts of the FBI and our law enforcement partners both domestic and abroad, and due to our continuing partnership with the Government of Mexico, justice has been served.”

“Today’s conviction of Joaquin “El Chapo” Guzman demonstrates the dedication and determination of the men and women of DEA to bring the world’s most dangerous and prolific drug trafficker to justice,” said DEA Acting Administrator Dhillon.  “Those who bring drugs and violence into the United States that destroy lives and communities will not be tolerated, nor evade our reach. The success of this case is a testament to the strength of our relationship with our Mexican counterparts. DEA will continue to pursue justice worldwide and protect Americans.”

“HSI is committed to using our unique border authority to target and dismantle transnational criminal organizations responsible for trafficking narcotics and bringing violence into the United States,” said HSI Executive Associate Director Benner.  “Through collaboration with local, federal and international law enforcement partners, HSI special agents were able to bring an end to Joaquin Guzman Loera’s criminal activities, and help ensure he was brought to justice.”

“The conviction of Joaquin “El Chapo” Guzman demonstrates what is possible when law enforcement works collectively and coordinates their efforts,” said Acting U.S. Marshal Mullee.  “The U.S. Marshals Service ensured the integrity of the judicial process in this case.  From providing safe and secure detention and transportation of the world’s most notorious drug kingpin to ensuring the anonymity of the jury, protecting the judge, attorneys, witnesses and the public, the Marshals Service proudly played its important role in the process.  I would like to express my gratitude to all of our law enforcement partners who worked tirelessly in support of our mission.  They are the talented men and women of the New York City Police Department, Federal Protective Service, 24th Civil Support Team of the New York National Guard, and the Federal Bureau of Prisons.  The U.S. Marshals take our responsibility of protecting the federal judicial process very seriously.  We must anticipate and deter threats, while continuously developing and employing innovative protective tactics.  We carry out these responsibilities with precision every day across the country.  The successful prosecution of Joaquin “El Chapo” Guzman stands as a shining example of our mission.”

When sentenced by Judge Cogan, Guzman Loera faces a mandatory life sentence without the possibility of parole for leading a continuing criminal enterprise, and a sentence of up to life imprisonment on the seven remaining drug counts.  After the verdict, the government will seek a forfeiture money judgment for billions of dollars constituting the cartel’s illegal drug-trafficking proceeds.

The government’s case is being prosecuted by U.S. Department of Justice Trial Attorneys Amanda Liskamm, Anthony Nardozzi, Michael Lang and Brett Reynolds of the Criminal Division’s Narcotic and Dangerous Drug Section, Assistant U.S. Attorneys Gina Parlovecchio, Andrea Goldbarg, Michael Robotti, Patricia Notopoulos and Hiral Mehta of the Eastern District of New York and Assistant U.S. Attorneys Adam Fels and Lynn Kirkpatrick of the Southern District of Florida.

The case was investigated by the DEA, HSI and the FBI, in cooperation with Mexican, Ecuadorian, Netherlands, Dominican, and Colombian law enforcement authorities. Substantial assistance was provided by the U.S. Attorneys’ Offices in the Northern District of Illinois, the Western District of Texas, the Southern District of New York, the Southern District of California and the District of New Hampshire.  The Department of Justice’s Office of International Affairs also played an integral role in securing the extradition of Guzman Loera to the United States, in cooperation with authorities of the Mexican government, without which his extradition and prosecution would not have been possible.  The investigative efforts in this case were coordinated with the Department of Justice’s Special Operations Division, comprising of agents, analysts and attorneys from the Criminal Division’s Narcotic and Dangerous Drug Section; DEA New York, DEA Miami, FBI Washington Field Office, FBI New York Field Office, FBI Miami Field Office; HSI New York, HSI Nogales; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Marshals Service; IRS Criminal Investigation; U.S. Bureau of Prisons, NYPD and New York State Police.

This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.